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1998-06-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 541 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 15, 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 TO THE FLAG 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 anyone from 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. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Caster advised the Clerk to the Board has requested the Commissioners to approve the minutes of the meetings held on May 18, 1998. The remaining sets of minutes will be presented at the next meeting. He requested a motion to approve the Consent Agenda. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve 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: Regular Meeting May 18, 1998 Closed SessionMay 18, 1998 Adoption of ICMA Retirement Corporation Deferred Compensation Plan and Trust Resolution The Commissioners adopted a resolution to add the ICMA Deferred Compensation Plan as an additional employee benefit option package as of July 1, 1998. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 24. Approval of Revenue Sharing Agreement (Contract #96-0418A) Between New Hanover County and Cape Fear Museum Associates The Commissioners approved an agreement for Cape Fear Museum Associates to be audited every year and allow the group to recoup $8,000, or one-third of the admission fees, education program fees, and visitor donations collected by New Hanover County, whichever is greater. In exchange, the Associates will employ individuals who manage programming and volunteer recruitment and placement for the Museum. The Chairman was authorized to execute the agreement. A copy of the agreement is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 542 Authorization for the Cape Fear Museum to Submit the 1998-99 Arts Council Grassroots Grant The Commissioners authorized the Cape Fear Museum to submit the 1998-99 Arts Council Grassroots grant in the amount of $1,450 to support the third annual Join the Jonkannu program. The grant will pay for artistic fees and for a scholar consultant. The appropriate County officials were authorized to sign the application, accept the grant if approved, and approve the related budget amendment. Authorization for the Cape Fear Museum to Submit a Mini-Grant Application to N. C. Humanities Council to Support the Third Annual Join the Jonkannu The Commissioners authorized the Cape Fear Museum to submit a mini-grant application in the amount of $1,200 to the N. C. Humanities Council to support the third annual Join the Jonkannu. The appropriate County officials were authorized to sign the grant application, accept the grant if awarded, and approve the associated budget amendment. This event is based on the 18th and 19th century incident during which slaves celebrated the Christmas holiday. Wilmington is one of three North Carolina cities where the festival is documented. Join the Jonkannu teaches the community about an aspect of our cultural heritage through scholarly lectures and live performance. No county matching funds are required. Acceptance of Tax Collection Reports Through May 31, 1998 The Commissioners accepted the following Tax Collection Reports through May 31, 1998: New Hanover County New Hanover County Fire District Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 24. Release of Value - Tax Department The Commissioners approved the following delinquent application for exemption from the property tax for the following organization: Health Sciences Foundation, Inc. RO6007-004-030-000 Approval of Budget Amendment #98-0205 to Adjust the Budget for Anticipated Increases in One-Half Cent Sales Tax Revenue The Commissioners approved the following budget amendment: #98-0205 - One-Half Cent Sales Tax/Revenue/One-Half Cent Sales Tax/Undesignated/One-- Half Cent Sales Tax/Schools DebitCredit One-Half Cent Sales Tax/Revenue One-Half Cent Article 40 Unrestricted $375,000 One-Half Cent Tax Article 40 Schools 185,000 One-Half Cent Article 42 Unrestricted 210,000 One-Half Cent Tax Article 42 Schools 315,000 One-Half Cent Sales Tax/Undesignated Transfer to Other Funds/Sewer $585,000 One-Half Cent Tax/Schools Transfer to Public Schools Fund 500,000 Purpose: To adjust budget for anticipated increases in the one-half cent sales tax revenue. Renewal of Contract for Interim Assistance Program - Department of Social Services The Commissioners approved renewal of the contract for the Interim Assistance Program administered by the Department of Social Services. At times, the Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 543 provides emergency assistance to applicants for the federal Supplement Security Income (SSI) Program. While the applicants are awaiting a decision on eligibility from Social Security, the Interim Assistance Program allows the department to recover the cost of this assistance from the first SSI check payable to a recipient who has received assistance from the Department of Social Services. A copy of the contract is on file in the Legal Department. Approval of Amendment to Audit Requirement for Outside Agencies The Commissioners approved an amendment to the current policy that requires outside agencies receiving $1,000 or more to obtain an annual audit from a CPA. Agencies receiving funding between $1,000 and $2,500 are allowed to waive the audit requirement during the first year. The amended policy will require agencies receiving over $5,000 in a fiscal year to obtain an audit from a CPA, and the waiver will be discontinued. This change will allow non-profit agencies receiving funding from the County to better utilize the funds. Approval of Contract with Boney Architects, Inc. to Complete Phase I And Phase II of the Master Plan for the Pilot’s Ridge Park/School Site The Commissioners approved a contract with Boney Architects, Inc. to complete Phase I and Phase II of the Master Plan for the Pilot’s Ridge Park/School site. The proposed price is $84,000 for Phase I planning, 6% of construction costs for Phase II planning, and 2% of construction costs for construction management. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolution for the Sale of Surplus Property owned by New Hanover County and the City of Wilmington Located at 714 South 10th Street, Wilmington, North Carolina The Commissioners adopted a resolution accepting the following offer for the sale of surplus property jointly owned by the City of Wilmington and New Hanover County: Parcel Number:3127-15-6212-000 Address: 714 South 19th Street Amount of Offer: $1,500 Tax Value: $ 600 Market Value: $1,500 Offerer: George D. Peterson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 24. Approval of Budget Amendment #98-0201 - Emergency Management The Commissioners approved the following budget amendment: #98-0201 - Emergency Management Hurricane Expense DebitCredit FEMA - Federal $186,370 Maintenance/Replacement-Bldgs & Grounds $100,000 Maintenance/Replacement - Equipment 16,370 Contracted Services70,000 Purpose: To increase the budget for revenue received over budget in the amount of $45,860 plus anticipated revenue of $70,510 related to mosquito spraying and landfill closure of Cell 1; and to budget final payment to D&J Enterprises for debris removal. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 544 Approval of Budget Amendment #98-0206 - Social Services/Child Day Care The Commissioners approved the following budget amendment: #98-0206 Social Services/Child Day Care DebitCredit Smart Start Child Day Care $150,000 Smart Start Child Day Care$150,000 Purpose: To budget additional State funds received for Smart Start Child Day Care. No additional County funds are required. Approval of Budget Amendment #98-0208 The Commissioners approved the following budget amendment: #98-0208 County Commissioners/Emergency Medical Services Debit Credit County Commissioners Appropriated Fund Balance $459,000 Emergency Medical Services Salaries and Wages$459,000 Purpose: To appropriate fund balance for the payout of unused leave for EMS staff transferring to New Hanover Regional Medical Center New Hanover County Extension Service Arboretum Foundation, Inc. Granted a Free Day at the Coast Line Convention Center to Hold the “How Does Your Garden Grow” Show The Commissioners granted one of the County’s free days at the Coast Line Convention “How Does Your Garden Grow” Center for the Arboretum Foundation to hold its 4th Annual Show. This is the major fund raising event for the Arboretum, and a great deal of the proceeds collected have to be paid for renting the facility. PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO THE BUDGET DEPARTMENT FOR FISCAL YEAR BEGINNING JULY 1, 1997 County Manager O’Neal reported this award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations guide, and a communication device. Award-winning documents must be rated “proficient” in all four categories. Chairman Caster, on behalf of the Board, requested the Budget Director, Cam Griffin, to step forward to receive a Certificate by the United States and Canada for outstanding reporting in budget preparation. He congratulated her on receiving this award for the seventh consecutive year. Chairman Caster, on behalf of the Board, presented the plaque to the Budget Director and Staff in recognition of the work performed in preparing the budget. A round of applause was given to Budget Director and Staff. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive New Hanover County Services Awards: Mary A. CarrLegal Department 5 years Donna S. PopeRegister of Deeds 5 years Robert G. Norman, IIWASTEC 5 years James M. ThomasWASTEC 5 years Sarah D. SmithHealth Department 5 years NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 545 Vera P. MillsDSS 5 years Teresa B. LettleyFinance10 years Ann C. ServotteLibrary10 years Elizabeth J. HewettTax Department15 years Faye V. OutlawTax Department15 years Dianne M. HarvellHealth Department15 years Betty B. CreechHealth Department25 years Chairman Caster, on behalf of the Board, presented the service awards and expressed appreciation to each employee for his/her dedicated years of service to New Hanover County. PRESENTATION OF CLASS ACT AWARD TO MR. GERALD MCDUFFIE County Manager O’Neal advised that Mr. Gerald McDuffie, a Relief Crane Operator, at WASTEC has been nominated to receive the Class Act Award for sustained superior performance as a relief crane operator. He began his employment at WASTEC in January 1985 and his primary duty has been to operate the overhead cranes that move the solid waste from the storage pit into the furnace hoppers. A skilled crane operator has the ability to mix trash so the fuel will remain consistent and maintain the furnace temperatures. Of the five crane operators employed at WASTEC, Mr. McDuffie is the best. Chairman Caster, on behalf of the Board, requested Mr. McDuffie to step forward to receive the “Class Act Award” and $100 U. S. Savings Bond. He expressed appreciation to Mr. McDuffie for his dedication to the job and presented the award. A round of applause was given to Mr. McDuffie. PUBLIC HEARING TO CONSIDER THE 1998-99 SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY FUNDS Chairman Caster opened the Public Hearing and welcomed Mr. D. J. Bowers, P.E., Division Engineer, and Mr. David L. Thomas, P.E., District Engineer, from the local office of the N. C. Department of Transportation. Mr. Thomas expressed appreciation to the Board of County Commissioners for having an opportunity to present the 1998-99 Secondary Road Construction Program for New Hanover County. He announced that public notice was published in the Star News and Wilmington Journal during the week of June 1, 1998, informing the public about the Public Hearing to be held on June 15, 1998, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Mr. Thomas introduced Mr. Scott Cooke, Assistant District Engineer, and stated he would be presenting the program. Mr. Cooke reported as required by N.C. General Statue 136-44.5, before July l each calendar year, the Department of Transportation is required to make a study of all state-maintained unpaved roads in order to determine the unpaved mileage in each county and the total unpaved mileage in the state. Each county’s allocation is determined by dividing the total allocation by the statewide mileage times the number of miles in each county. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax and moneys from the bond fund. The final total will not be known until the end of the current fiscal year, ending June 30, 1998. Should there be a significant change in the county allocation, the local office will inform the Board of County Commissioners about any adjustments in the Secondary Road Construction Program. Based on an unpaved mileage of approximately 5.5 miles in New Hanover County, compared to unpaved miles statewide, the secondary allocation is estimated at $129,134, which should be approved by the N. C. Board of Transportation in July. The N. C. Board of Transportation has elected to continue paving down the same lists used NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 546 last year. The lists are based on a paving priority rating system having two paving priorities in each county, one for rural roads and one for residential/subdivision roads. The Board now requires a separate list of roads for each county showing the roads which have been previously skipped over for paving because the right-of-way was not available. Although these roads will not be shown on either of the two paving priority lists, provisions have been made for any such road to be reinstated to its prior position at such time as the right-of-way becomes available, or as soon thereafter as reinstatement can be administratively accomplished. In compliance to the directives from the N. C. Board of Transportation, the following proposal for the expenditures of estimated secondary road construction funds for New Hanover County through June 1989 is listed as follows: Estimated July 1, 1998 Total Allocation $129,134 Highway Fund$50,116 Highway Trust Fund$56,706 Highway Bond Fund$22,312 Spot Stabilization$ 15,282 Paved Road Improvements,$113,852 Safety Improvements and Bridge Replacements Roads for Grade, Drain, Base and Pave SR 2259, Farm Road$ 10,000 From SR 1336 to End System $103,852 Length 0.18 Mile Priority 7S0.18 SR1471, McCumber Station Road$ 40,000 From SR 1409 to End System$ 63,852 Length 0.25 Mile Priority 8S0.25 SR 2183, Spring Road$ 25,000 From End Pavement to SR 2184$ 38,852 Length 0.16 Mile Priority 9S0.16 SR 2549, Weeping Willow Lane$ 15,000 From SR 1550 to End System$23,852 Length 0.09 Mile Priority 10S0.09 Pave Driveway and Apron$ 20,000 Ogden Volunteer Fire Department$ 3,852 SR 1402 Porters Neck Road Volunteer Fire Departments,$ 3,852 Rescue Squads, Road Additions -0- and Contingencies Total Miles:0.68 This program is subject to availability of funding, right-of-way and environmental review. The amount used in the cost of each of these priorities is an estimate and is subject to variations due to inflation, cost of materials, and equipment rate changes. If the right-of-way for any of the proposals is not available, the N. C. Department of Transportation will proceed to the next priority NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 547 until the right-of-way is acquired and funds are expended. The Board will be notified of any changes. Chairman Caster inquired as to whether anyone from the public would like to comment on the program. The following remarks were received: Mr. Doug Capps commented on reading the advertisement in the paper and stated he thought the Public Hearing was an opportunity for the public to request the Department of Transportation to improve a secondary road. He spoke on the need to extend Willow Woods Road by 350 feet and asked how this could be done? Mr. Thomas advised that he would be glad to meet with Mr. Capps after the hearing and explain to him the process to follow for improving the road. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the 1998-99 Secondary Road Construction Program for New Hanover County as presented by the N. C. Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the program is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 24. APPROVAL OF FISCAL YEAR 1998-99 BUDGET ORDINANCES FORNEW HANOVER COUNTY AND THE FIRES SERVICE DISTRICT County Manager O’Neal presented the following budget ordinances as options for the Board to consider for the County’s FY 1998-99 budget. ? Ordinance I reflects the County Manager’s recommended budget plus the changes on Worksheet A as directed by the Board of County Commissioners. The tax rate will be 67.5 cents, an increase of 1 cent on the current tax rate. Fund balance will be appropriated in the amount of $1,373,958. ? Ordinance II reflects Ordinance I amended by the items on Worksheet B. The tax rate will remain unchanged at 66.5 cents. Fund balance will be appropriated in the amount of $1,733,520. ? Ordinance III reflects the same expenditures as Ordinance II. The tax rate will be 67.5 cents, an increase of 1 cent on the current tax rate. Fund balance will be appropriated in the amount of $699,620. County Manager O’Neal advised he was comfortable with any option selected because the ordinances prepared would not jeopardize the financial security of New Hanover County. The FY 1998-99 budget includes a number of goals established by the Board of County Commissioners at the January retreat. The citizens of the county will be well served under any option selected. Commissioner Birzenieks commented on Ordinance II and asked if the appropriate percentage of fund balance would be maintained without a tax increase? County Manager O’Neal responded the County would be able to operate under the ordinance without a tax increase and maintain the percentage of fund balance required by the State of North Carolina. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adopt Budget Ordinance II with no tax increase and appropriate fund balance in the amount of $1,733,520. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 548 Chairman Caster requested the Board to adopt the Budget Ordinance for the New Hanover County Fire District as recommended by the County Manager. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the Budget Ordinance for the New Hanover County Fire District with no change in the current tax rate. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster expressed appreciation to the County Commissioners and Staff for the time and effort given to prepare the FY 1998-99 budget. He noted that adopting ordinances without a tax increase was the right choice for the taxpayers particularly with the proposed annexation by the City of Wilmington and the 1999 revaluation of real property. County Manager O’Neal expressed appreciation for the time and effort given by the Board of County Commissioners to work with staff in preparing the FY 1998-99 budget. He, also, expressed appreciation to the Budget Staff and County employees for their cooperation. Copies of the budget ordinances are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 24. ADOPTION OF RESOLUTION AUTHORIZING AND DIRECTING THE COUNTY MANAGER TO ENTER INTO FUNDING CONTRACTS WITH OUTSIDE AGENCIES FOR FISCALYEAR 1998-99 County Manager O’Neal requested the Board to adopt a resolution to enter into appropriate contracts with outside agencies for the amount of funding approved in the FY 1998-99 Budget. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the resolution as presented. 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 24. DISCUSSION OF AMENDMENT TO AUDIT REQUIREMENTS FOR OUTSIDE AGENCIES County Manager O’Neal reported that the major change in the audit policy will require agencies receiving over $5,000 in a fiscal year to obtain an audit from a CPA. In the past, agencies receiving $1,000 or more had to obtain an annual audit from a CPA. Agencies receiving funding between $1,000 and $2,500 could waive the audit in the first year. Discussion followed on the 1997Azalea Festival audit. Chairman Caster stated in 1997, the Azalea Festival provided paperwork that was accepted by the County even though the agency received $5,000. In 1998, the Azalea Festival received $10,000, which will require an audit by a CPA. Now, it appears the Azalea Festival has been directed to prepare an audit for 1997. County Manager O’Neal advised the change in policy would not be retro-active, therefore, the Board has the authority to waive 1997 audit requirement for the Azalea Festival. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to waive the 1997 audit requirement for the North Carolina Azalea Festival. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION BY THE “FIGHT CRIME NOW” COMMUNITY ORGANIZATION Ms. Nina Brown reported that “Fight Crime Now” was a diverse coalition of concerned neighbors and community groups that held a series of public forums between February and April to address the problems of crime and drugs in Wilmington’s highest crime neighborhoods. The goal was to provide suggestions on how we can all, from individual residents to governmental agencies, take greater responsibility toward fighting crime. From the meetings, the following recommendations were developed and will be presented to all levels of government. ? Making High Crime Neighborhoods Safer NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 549 ? Improving Drug Rehabilitation/Drug Sentencing ? Deterring Prejudice in the Police Department and Building Trust ? Increasing Economic Opportunities ? Providing Safe and Affordable Housing When appearing before the City Council on April 7, 1998, the following topics were presented: ? Police Relations: The Fight Crime Now group believes that additional police presence is needed in the highest crime neighborhoods, but a change in police attitude must also be made. When holding neighborhood meetings, persons complained about calling the Police Department to report drug sales and loitering with the feeling that dispatchers receiving the calls had little concern about the problem. Frequently, a caller would receive the following response: (1)” What do you expect?” or (2) These are bad neighborhoods, and if you want to see improvement, move elsewhere.” After hearing these comments, the City Council appointed a Citizens Advisory Panel to study police attitudes and police relations, particularly in the area of racial tension. The Board of County Commissioners could assist by requesting the Sheriff to hold on-going training sessions with dispatch crews to improve sensitivity when responding to non-emergency calls. Also, there needs to be a better way to measure crime and track improvements. The only public access to information is in the Star News. Recently reporters were told that police statistics would not be available for several months due to a change in the computer system. ? Unsafe Housing: Currently, we are housing criminal activity in our neighborhoods. As of March 1997, the City has only one code officer to handle a list of 345 substandard houses. The list is compiled of complaints by individuals in the community who feel unsafe with a house on their street. There are approximately 2,000 substandard and vacant houses in the inter city. The issue of anonymity is a safety concern. Many residents who call the police do not want to be identified. A Police Officer should never knock on a door to write a report. This procedure places the caller in danger. If the Police Department and Sheriff do not respect anonymity, no reports will be received on incidents of drug sales. The group was successful in getting the Wilmington City Council to budget $30,000 in FY 1998-99 to board up vacant houses. Also, Council agreed to reinstate the Rental Rehabilitation program, which allows landlords to fix up housing and provide the dwelling at an affordable rent. The Board of County Commissioners could help by enforcing tax collections. Delinquent collection of back taxes allows houses to be left neglected and gradually deteriorate over a period of time. There are at least 180 properties on the County’s delinquent tax list. The County and City should work together cross-referencing tax and code violations so these houses are closed to criminal activity. The County should assist with the provision of more drug rehabilitation programs. Many parents attending the neighborhood meetings expressed concern for the lack of programs to help children overcome drug abuse. The County should assist with improving the lives of the community’s poorest residents. Vocational training programs and increased employment opportunities would go a long way toward keeping children off the streets and selling drugs. The Board was urged to work with the City to bring job opportunities into the inner city by recruiting business and industry so jobs are accessible to those without transportation. In closing, Ms. Brown expressed appreciation for an opportunity to speak, and she offered to answer questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 550 Chairman Caster expressed appreciation to Ms. Brown for the informative report. He advised the YMCA was filing a grant to provide after school educational programs. Also, the County Commissioners have invited all elected officials to attend a meeting on July 15, 1998, 7:00 p.m. in the Madeline Suite located on the UNCW campus. The purpose of the meeting is to discuss recommendations of the Community Crime Task Force. He invited Ms. Brown to attend the forum. County Manager O’Neal reported the Board of County Commissioners just adopted a budget that included funding to pay half of a Minimum Housing Real Estate Technician position. This person will be hired by the City for the purpose of collecting delinquent taxes and enforcing minimum housing code violations. Commissioner Birzenieks stated the welfare reform plan recommended mandatory drug testing; however, the officials in Raleigh do not feel this can be legally required. He noted that drug laws must be enforced and rehabilitation must be provided for drug offenders. ESTABLISHMENT OF INSPECTIONS DEPARTMENT OF ADVISORY COUNCIL Director of Inspections, Jay Graham, reported the Wilmington-Cape Fear Home Builders Association and the New Hanover County Inspections Department have proposed the formation of an Inspections Department Advisory Council. The mission of the Council will be to provide advice and guidance to the Inspections Department to ensure consistent, timely, economical, professional, and efficient service as an integral part of the department’s purpose to protect the lives and property of the citizens living in New Hanover County. The Advisory Council would include one member from each of the following categories: ? AIA/Engineer ? Builder/Commercial ? Builder/Residential/WCFHBA member ? Electrical Contractor ? Mechanical Contractor ? Plumbing Contractor ? New Hanover County Citizen The Advisory Council would be appointed by the New Hanover County Board of Commissioners. Each member would be appointed to serve staggered two-year terms. During the first year, four members would be appointed to serve one-year terms and three members would be appointed to serve two-year terms. At the end of the first year, the Board of County Commissioners would appoint four members to serve a two-year term to establish an on-going two-year cycle. The Board of County Commissioners would appoint the Chairman and Vice-Chairman. The Advisory Council shall meet at least quarterly and may, at its discretion, establish a more frequent meeting schedule. It shall be the responsibility of the Advisory Council to establish a meeting schedule that will reasonablely ensure a quorum attendance for each meeting. Chairman Caster recommended changing the terms to three years in order be uniform with the terms of other boards and committees. Four members shall be appointed to serve one-year terms and three members appointed to serve three-year terms. At the end of the first year, the four members serving the one-year term would be reappointed to serve three-year terms. He also, recommended allowing the Advisory Council to appoint the Chairman and Vice-Chairman in lieu of the Board of County Commissioners. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to establish an Inspections Advisory Council as amended. The Clerk to the Board was requested to advertise the vacancies. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 10:15 a.m. until 10:30 a.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 551 CONSIDERATION OF AMENDMENT TO NOISE ORDINANCE Mr. Mark Keating, a resident of Wildflower Subdivision, reported the purpose of submitting the petition is because a skateboard and bike ramp park moved into a rental unit located approximately 125 feet from the back of his residence. The noise generated by the park is intolerable. The Sheriff’s Department cannot issue citations because the noise level in an industrial district is higher than in a residential district. The following issues were presented to convey the extent of the noise problem being experienced in Wildflower Subdivision: ? Noise Problem: The business has plywood ramps where children and young adults ride skateboards, bicycles, or roller blades up and down the ramps. When landing on the ramp, the constant repetitive noise generated is extremely loud and annoying. The noise occurs seven days a week, ten to twelve hours a day. There is never a break from the noise. The family cannot open the windows or enjoy the back yard. Difficulty has been experienced in reaching the tenants and the owner of the skateboard park. The landowner has tried to rectify the problem by placing an insulated garage door at the back of the building. Once the new door was installed, the tenant decided to keep the door open, which negated the purpose of the door. There has been no attempt by the tenant to resolve the issue so both the residential community and business can co-exist. ? Action: When cooperation between a community and business break down, it is the responsibility of the Board of County Commissioners to take action. To avoid this type of situation occurring in the future, the Board should consider the proposed amendments to the Noise Ordinance. ? Amend Section 11-54, Noises Prohibited Generally, to read as follows: (a) Non-residentially Zoned Districts: It shall be unlawful for any person to cause or create originates within or impinges upon a non-residentially zoned district, any sound which and when combined with the ambient noise that exceeds seventy-five (75) decibels re 0.0002 microbars on the “A” weighing scale. A violation of this article shall occur when such sound exceeds the ambient noise level by three (3) decibels. Between the hours of 10:00 p.m. and 7:00 a.m., the above sound level shall be reduced to seventy (70) decibels. (b) Residentially Zoned Districts: It shall be unlawful for any persons to cause or create any originates within or impinges upon a residentially zoned district sound which , and when combined with the ambient noise, exceeds sixty-five (65) decibels re 0.0002 microbars on the weighing scale. A violation of this article occurs when such sound exceeds the ambient noise 9:00 p.m. level by three (3) decibels. Between the hours of and 7:00 a.m., the above sound level shall be reduced to fifty (50) decibels. Amend Section 11-57 by adding a new subsection: (6) The generation of any repetitive noise or vibration with such a volume, manner or duration so as to annoy or disturb the quiet, comfort or repose of a reasonably prudent person. In closing, Mr. Keating read the Mission Statement adopted by New Hanover County and stated if this statement is meaningful, the proposed amendments to the Noise Ordinance should be adopted. He commented on obtaining other Noise Ordinances from various cities, and stated the City of Chicago Noise Ordinance specifically addresses industry next to residency. The sound levels are 10 decibels lower than in the proposed changes. He requested the Board to approve the amendments as presented. Commissioner Birzenieks asked if the Noise Ordinance was amended, would every business have to comply to the revised ordinance? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 552 County Attorney Copley explained that a nuisance ordinance could not be grandfathered in, therefore, all businesses would have to comply to the amended ordinance. Under current Zoning and Noise Ordinances, the skateboard park is in compliance. Chairman Caster commented on visiting the site and requested the Board to table this issue for one month to have an opportunity to meet with the parties involved to see if a solution can be found to resolve this issue without amending the Noise Ordinance. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to table this issue for a month to provide an opportunity for the parties involved to meet and see if a reasonable solution can be found to resolve the problem. Upon vote, the MOTION CARRIED UNANIMOUSLY. SECOND READING OF RESOLUTION AMENDING THE NEW HANOVER COUNTY CODE, CHAPTER 6, BUSINESS REGULATIONS, ARTICLE II, AMBULANCE SERVICE AND AWARD OF THE FRANCHISE AND APPROVAL OF AGREEMENT FOR AMBULANCE SERVICE TO NEW HANOVER REGIONAL MEDICAL CENTER County Attorney Copley requested the Board to consider adopting the following items upon the second reading: (1)Amendment of New Hanover County Code, Chapter 6, Business Regulations, Article II, Ambulance Service Franchise Ordinance. (2)Award of Franchise and Approval of Agreement for Ambulance Service to New Hanover Regional Medical Center. Chairman Caster asked if anyone from the public would like to comment. The following remarks were received: Mr. Paul Hubbard, owner of Medical Transportation Specialists, Inc. (MTS), requested the Board not to award a non-emergency franchise to New Hanover Regional Medical Center as part of the franchise award because of the following reasons: ? The Medical Center has indicated the non-emergency franchise should be awarded to the hospital because of quality issues with MTS. The Board can be assured that MTS considers quality care of paramount importance. One incident cited by the hospital was not correctly presented. MTS was called by the Medical Center and arrived at the hospital as scheduled. The crew had to wait because a nurse at the hospital was busy assisting a doctor with another patient, and the Medical Center did not send another nurse. The Medical Center agreed the delay was not the fault of MTS. There was a scheduling conflict between the Medical Center and the radiation center. When meeting last Thursday, an entirely different story was told. It is difficult to understand why the hospital would open MTS up to this type of liability in an open forum. The Medical Center has a lot to gain if it appears that MTS is not satisfactorily performing the service. It does not make sense why the Medical Center would expose itself to that type of liability. ? The records reflect that MTS transports patients as scheduled 89% of the time, which is a good record. MTS is within five minutes of the scheduled time 92% of the time. Only 3% of the time does MTS run 15 minutes late. This is an excellent record for a non-emergency service. ? A letter was read from the New Hanover County Emergency Medical Services Director that stated no valid complaints had been received in 10 years about the quality of service rendered by MTS. ? MTS received a certificate from the New Hanover Regional Medical Center, signed by Dr. Atkinson, recognizing the company for extraordinary commitment and exceptional performance. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 553 ? The Medical Center provides less than 15% of the overall MTS revenue; however, the hospital controls access to more than 50% of MTS patients. As the Medical Center continues to purchase hospitals, nursing homes, and doctors offices, that percentage will increase. The Medical Center’s goal is to provide comprehensive services to all patients, which will severely hurt MTS. ? Several statements have been made regarding whether a small business, such as MTS, can provide health care in a growing community. MTS has provided this service for 11 years, and this firm will continue to provide a quality service. In closing, Mr. Hubbard, stated if the Board awards the non-emergency franchise, MTS will go out of business because the Medical Center will control the access. Commissioner Davis asked why the termination period was extended from 120 days to one year? County Attorney Copley advised the termination period was extended to allow ample time for the County to put another service in place if the Medical Center should decide at a later date not to operate the EMS service. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution amending the New Hanover County Code, Chapter 6, Business Regulations, Article II, Ambulance Service Franchise Ordinance for EMS. Upon 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 24. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to award a franchise and agreement for ambulance service to New Hanover Regional Medial Center. Upon vote, the MOTION CARRIED 4 TO 1 AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Voting Nay:Chairman Caster Chairman Caster stated, for the record, he felt it was right for the EMS service to be transferred to the Medical Center; however, as a small businessman, he had a great deal of empathy for Mr. Hubbard in this situation. Commissioner Birzenieks spoke on the need for Mr. Hubbard to work with the Medical Center because he felt that was an opportunity for MTS to enhance and increase its business through a team effort. He stated he would call Dr. Atkinson after the meeting is adjourned and encourage him to work with MTS. A copy of the franchise and agreement are on file in the Legal Department. CONSIDERATION OF ORDINANCE TO ADDRESS OBSTRUCTION OF JUSTICE, NEW HANOVER COUNTY CODE, SECTION 11-11, OBSTRUCTING JUSTICE County Attorney Copley advised the New Hanover County Code sets forth several nuisance abatement processes in which the County can contract with third parties to remove or correct nuisances where the property owner has refused to do so. The costs results in a lien on the owner’s property; however, in some situations owners have prohibited County officers from carrying out the abatement order. This proposed provision would make it possible for a deputy to be present during NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 554 the operation and arrest of anyone obstructing the abatement process, by charging that person with committing a misdemeanor in the officer’s presence. She advised this change would only apply to extreme cases. For example, when a person will not allow a County official to step on his/her property, this person would receive a Class III misdemeanor and fine of $500 under the proposed change. The proposed change will greatly benefit County officials in carrying out their duties. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 24. COMMITTEE APPOINTMENTS Reappointment of Donald Zearfoss to Serve on the ABC Board and Reappointment of Howard L. Armistead to Serve as Chairman for FY 1998-99 Chairman Caster announced that one vacancy exists on the ABC Board. Two applications have been received and one applicant, Donald Zearfoss would like to be reappointed. Chairman Caster opened the floor to receive nominations. Commissioner Davis nominated Donald Zearfoss. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, Donald Zearfoss was unanimously reappointed to serve on the ABC Board for a three-year term that will expire June 30, 2001. Chairman Caster advised that according to State Statute, the Board must appoint the Chairman of the ABC Board for the ensuing year. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to reappoint Howard L. Armistead as Chairman of the ABC Board for the ensuing year. Upon vote, the MOTION CARRIED UNANIMOUSLY. Reappointment of Mike Denniston, James W. Sawyer, Michial W. Rhodes, and Jonathan A. Wrenn to Serve on the Board of Fire Commissioners Chairman Caster reported there are two at-large community representatives vacancies and two at-large volunteer fire department representatives vacancies that need to be filled. He advised that six applications have been received for the at-large community representatives and noted that two of applicants, Mike Denniston and James W. Sawyer, are eligible to be reappointed and desire to serve another three-year term. Chairman Caster advised that six applications have been received for the at-large volunteer fire department representatives and noted that two of the applications, Michial W. Rhodes and Jonathan A. Wrenn are eligible to be reappointed and desire to serve another three-year term. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to reappoint Mike Denniston and James W. Sawyer to serve three-year terms as at-large community representatives and reappoint Michial W. Rhodes and Jonathan A. Wrenn to serve three-year terms as at-large volunteer fire department representatives on the Board of Fire Commissioners. The terms will expire July 1, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of William F. Morris, III Serve on the Cape Fear Community College Board of Trustees Chairman Caster announced that one vacancy exists on the Cape Fear Community College Board of Trustees and reported that ten applications have been received. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 555 Chairman Caster opened the floor to receive nominations. Commissioner Davis nominated William F. Morris, III. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Caster closed the nominations. Vote: Upon vote, William F. Morris, III was unanimously appointed to serve a four-year term on the Cape Fear Community College Board of Trustees with the term to expire July 1, 2002. Appointment of Anna P. Erwin, Charles A. Connell, and Iva Davis Boslough to Serve on the Human Services Allocation Advisory Committee Chairman Caster announced that four vacancies exist on the Human Services Allocation Advisory Committee. He advised that five applications have been received, and he opened the floor to receive nominations. Commissioner Birzenieks nominated Anna P. Erwin. The nomination was seconded by Commissioner Howell. Chairman Caster nominated Charles A. Connell. The nomination was seconded by Commissioner Birzenieks. Commissioner Davis nominated Iva Davis Boslough. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, Anna P. Erwin, Charles A. Connell, and Iva Davis Boslough were unanimously appointed to serve three-year terms on the Human Services Allocation Advisory Committee. The terms will expire June 30, 2001. After discussion of the application submitted by Janine Bilodeau, the Board agreed that appointing her to this committee would be a conflict of interest since she is the Director of Prevention & Crisis Line/Open House. The Clerk to the Board was requested to re-advertise for the vacant position. Reappointment of Donald Patience and Appointment of Parks L. Griffin, Jerry A. Mannen, Jr. and Tammie M. White to Serve on the Museum Board of Trustees Chairman Caster announced that four vacancies exist on the Museum Board of Trustees. He advised that eleven applications have been received and one applicant, Donald Patience, is eligible for reappointment and desires to be reappointed. Chairman Caster opened the floor to receive nominations. Chairman Greer nominated Donald Patience for reappointment. The nomination was seconded by Commissioner Birzenieks. Commissioner Birzenieks nominated Parks L. Griffin. The nomination was seconded by Ted Davis. Commissioner Howell nominated Tammie M. White. The nomination was seconded by Commissioner Davis. Commissioner Birzenieks nominated Jerry A. Mannen, Jr. The nomination was seconded by Commissioner Davis. There being no further nominations, Chairman Caster declared the nominations closed. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 556 Vote: Upon vote, the Board unanimously reappointed Donald Patience to serve a three-year term and appointed Parks L. Griffin, Tammie M. White and Jerry A. Mannen, Jr. to serve three year terms on the Museum Board of Trustees. The terms will expire June 30, 2001. Appointments to the Parks and Recreation Advisory Board Chairman Caster announced that two vacancies exist on the Parks and Recreation Advisory Board. He advised that six applications have been received, and he opened the floor to receive nominations. Vice-Chairman Greer recommended reappointing Jack Bragg and Gehrig Spencer to serve an additional three-year term on the Parks and Recreation Advisory Board because of their involvement with current park projects. It would be an advantage to the County for these members to remain in the two positions. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to reappoint Jack Bragg and E. Gehrig Spencer to serve three-year terms on the Parks and Recreation Advisory Board. The terms will expire June 30, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Sherman L. Criner to Serve on the Board of Social Services Chairman Caster announced that one vacancy exists on the Board of Social Services. He advised that two applications have been received and one applicant, Bessie W. Funderburg, is eligible for reappointment and desires to be reappointed. Chairman Caster open the floor to receive nominations. Commissioner Howell nominated Sherman L. Criner. The nomination was seconded by Commissioner Davis. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board unanimously appointed Mr. Sherman L. Criner to serve a three-year term on the Board of Social Services. The term will expire June 30, 2001. Chairman Caster requested the Clerk to the Board to prepare a letter to Ms. Bessie Funderburg expressing appreciation for her years of service. Appointment of Steve Bilzi to Serve on New Hanover Community Action, Inc. Board of Directors Chairman Caster reported Community Action Inc. by-laws require five elected officials or their designees to serve on the Board of Directors. A former Board of County Commissioners appointed Mr. McKoy who is still serving on the Board and Steve Bilzi was appointed but through error was never contacted by Community Action, Inc. He requested the Board to appoint Mr. Bilzi as his designee. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to appoint Steve Bilzi to serve on the New Hanover County Action, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster requested each Commissioner to designate an appointee to this board. 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 10:54 a.m. until 11:07 a.m. to hold a meeting of the New Hanover County Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 557 ADDITIONAL ITEMS - COUNTY MANAGER Approval of Budget Amendment #98-0212 - Public Schools Deputy County Manager, Andrew J. Atkinson, requested the Board to approve a budget amendment to budget installment loan proceeds for revenue received through issuance of Certificates of Participation on December 1, 1997, of which $5,500,000 was used to retire the debt service to First Union National Bank for a short-term loan on the acquisition of land for the schools. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the following budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #98-0212 - Public Schools Fund/New Hanover County Schools DebitCredit Public Schools Fund/NHC Schools Installment Loan Proceeds $5,500,000 Installment Payment $5,500,000 ADDITIONAL ITEMS - COUNTY ATTORNEY Report of Insurance Settlement in Palmers vs. McQueen Lawsuit County Attorney Copley reported for entry into the record the insurance company has made a settlement of $50,000 in the Palmers vs. McQueen lawsuit. The settlement will not increase out- of-pocket costs to the County since the insurance deductible has been met. The insurance company felt it was in the best interest of the County to offer a settlement to resolve the lawsuit. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Election of Vice-Chairman Robert G. Greer to Serve as the Voting Delegate for the NACo Conference Chairman Caster requested the Board to designate the Voting Delegate for the NACo Conference to be held in July. Commissioner Birzenieks reported he had a change in plans and would not be attending the conference. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to designate Vice-Chairman Greer as the Voting Delegate for the NACo Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of the Need for a Natatorium in the Community Chairman Caster advised that plans for the Pilot’s Ridge project included the possibility of building a natatorium in the community. New Hanover County Schools, the YMCA, and University of North Carolina at Wilmington are interested in the idea. He informed the Board that he would be calling a meeting with all interested parties to further discuss this idea. Discussion of UNCW Becoming More Involved with the New Hanover County School System Chairman Caster advised discussion has been held about the possibility of UNCW being more involved with the New Hanover County School System in the provision of educational programs. With new construction of the Education Building at UNCW, he would like to facilitate an effort to invite the officials from UNCW, the Board of Education and Cape Fear Community College to meet to discuss working more cooperatively together in secondary and higher levels of education. Commissioner Birzenieks spoke in favor of this effort and he encouraged the Board of Education, Public School Administration, UNCW and Cape Fear Community College to meet and try to address key issues on education in the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, JUNE 15, 1998PAGE 558 Reminder of Crime Task Force Roundtable Discussion Scheduled for July 15, 1998 Chairman Caster reminded the Board of the roundtable discussion of the Crime Task Force report that will be held on July 15, 1998, 7:00 p.m. in the Madeline Suite on the UNCW campus. He advised that all elected officials had been invited to attend. Discussion on the Status of the Vocational Education Program Commissioner Davis inquired as to the status of the Vocational Education Program. County Manager O’Neal advised that a great deal of communication has occurred between Cape Fear Community College and the New Hanover County School System about cooperatively providing vocational education programs. As discussed at previous meetings, the Commissioners feel that a separate facility should be established for this purpose. Funding has been appropriated in the amount of $3 million to address this issue. Commissioner Birzenieks recommended moving forward with this effort by holding a discussion with the Board of Education. With the recent findings of the Community Crime Task Force, one recommendation was providing vocational education programs. Chairman Caster suggested including this topic at the roundtable discussion to be held on July 15, 1998. The Deputy County Manager was requested to place this item on the agenda for that evening and notify Dr. McKeithan about the meeting so that appropriate representatives could plan to attend the meeting. Commissioner Howell suggested requesting the School Administration to provide a report showing whether students in need of vocational education are being reached. County Manager O’Neal advised he would be glad to request Dr. Morris to provide a report of this type. There are many opportunities for improving vocational education within the community without spending a great deal of money. Discussion of Proposed One-Cent Sales Tax Chairman Caster reported on holding a conversation with N. C. House Representative David Redwine and advised that he did not feel the one-cent sales tax would be enacted by the N. C. General Assembly during the short session. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:45 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board