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HomeMy WebLinkAbout1998-10-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 742 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 19, 1998, at 9:00 a.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner 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 Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Davis 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 to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Chairman Caster requested the Board to include adoption of resolutions to proclaim October as “National Breast Cancer Awareness Month” in New Hanover County and October 24, 1998, as “Make a Difference Day” in New Hanover County to recognize volunteer service. Chairman Greer requested removal of Consent Agenda Item 8. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove Consent Agenda Item 8, include the two resolutions presented by Chairman Caster, and approve the remaining items on 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: N. C. Clean Water Management Trust Fund Work Session9/21/98 N. C. Clean Water Management Trust Fund Work Session10/1/98 Special Meeting10/7/98 Closed Session10/7/98 Approval of Military Cutoff Road Property Exchange The Commissioners approved the Military Cutoff Road property exchange as requested by the City of Wilmington. The exchange will increase the net size of the County’s property by 365 square feet. Acceptance of 1998-99 Grant Award from the Arts Council of the Lower Cape Fear to the Cape Fear Museum and Approval of Associated Budget Amendment #99-0038 The Commissioners accepted the 1998-99 grant award and approved the associated budget amendment in the amount of $800 from the Arts Council of the Lower Cape Fear to the Cape Fear Museum. The funding is to be used for the “Join the Jonkannu” program. The required match of $800 has been budgeted in the FY 1998-99 Museum’s operating budget. The County Manager was authorized to sign the necessary documents. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 743 Budget Amendment #99-0038 - Grassroots Arts Grant - Museum DebitCredit Grassroots Arts Grant$800 Contracted Services$800 Purpose: To budget grant awarded to the Cape Fear Museum from the Arts Council of the Lower Cape Fear. Adoption of Resolution of Intent to Close a Portion of Buena Vista Circle in the Middle Sound Community The Commissioners adopted a resolution to hold a Public Hearing on December 7, 1998, at 7:30 p.m. in the Assembly Room of the New Hanover County Courthouse to consider closing the southern portion of Buena Vista Circle to vehicular use. This request was submitted by Jan and Tom Broadfoot. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 32. Adoption of Resolution to Request the N. C. Department of Transportation to Add Roads in Planters Walk Subdivision to the State Highway System The Commissioners adopted a resolution to request the N. C. Department of Transportation to add roads in Planters Walk Subdivision to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 32. Adoption of Resolution to Award Bid #99-0085 and Approve Contract #99-0085 to Salem Leasing Corporation for the Purchase of Two Used Tandem Axle Dump Trucks for the Environmental Management Department The Commissioners adopted a resolution to award the bid to Salem Leasing Corporation of Wilmington, North Carolina, the only responsible bidder, in the amount of $77,000 to contract for two used tandem axle dump trucks for the Environmental Management Department. 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 32. Adoption of Resolution to Award Contract #99-0130 to Beaumont Birch Company for Conveyor Replacement Parts for the WASTEC Facility The Commissioners adopted a resolution to award a contract to Beaumont Birch Company as a sole source purchase pursuant to NCGS 143-129(f) for the purchase of replacement parts for the WASTEC Facility. County funds have been budgeted for the purchase in Account #700-485- 4195-3920-27. 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 32. Acceptance of Tax Collection Reports Through September 30, 1998 The Commissioners accepted the following Tax Collection Reports through September 30, 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 XXIV, Page 32. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 744 Release of Impact Fees to Wrightsboro Volunteer Fire Department The Commissioners approved the release of impact fees in the amount of $7,158.88 to the Wrightsboro Volunteer Fire Department for the purchase of a breathing apparatus fill station. The request was approved and recommended by the Board of Fire Commissioners. Release of Values - Tax Department The Commissioners granted Senor Citizen/Disability Exclusions for the following persons. Applications and letters explaining the late filings are available in the Tax Department upon request. Ashworth, Hazel D.$20,000 Divine, Mary B.$20,000 Dixon, Ruth McBride$19,741 Gantt, Bertha T. , Heirs, Etal.$20,000 Haley, Nannette$20,000 Landreth, Wendy$ 9,660 Ranieri, Alba$20,000 Raynor, Julia P.$20,000 Salmons, Barbara$15,741 Spicer, Charles H.$20,000 The Commissioners approved the following delinquent applications for exemption from the property tax for the following organizations. Applications and letter explaining the late filings are available in the Tax Department upon request. Ashland, Inc.B0870B083 and B0790D210 Northside Baptist ChurchRO3412-005-012-000 Approval of Budget Amendment #98-12 to Budget Controlled Substance Tax Revenue - Sheriff’s Department The Commissioners approved the following budget amendment: #98-12 - Sheriff’s Department DebitCredit Controlled Substance Tax Capital Project Controlled Substance Tax Revenue $15,000 Capital Project Expense$15,000 Purpose: To budget funds to pay off lien on 1997 Ford seizure. Revenue received in the future will be applied against the amount before any future funds are budgeted. Approval of Budget Amendment #99-0037 -Human Services Transportation/Commissioners The Commissioners approved the following budget amendment: #39-0037 - Human Services Transportation/Commissioners DebitCredit DOT-Vans$ 6,975 DOT-Administration (federal) $68,310 DOT-Administration (state) 66,931 Motor Vehicles 7,749 TDP Match 24,228 Appropriated Fund Balance 22,075 Purpose: To adjust budget to actual grant award for vans and radios and to rollover unexpended TDP match from FY 1997-98 Budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 745 Approval of Budget Amendment #99-0039 - Social Services/Administration/Crisis Intervention Program The Commissioners approved the following budget amendment: #99-0039 - Social Services/Administration/Crisis Intervention Program DebitCredit DSS/Administration Administrative Grant $150,041 DSS/Crisis Intervention Program Salaries & Wages 21,433 Temporary Salaries$ 19,910 FICA 1,523 Contracted Services 9,456 Assistance payments 140,585 Purpose: To budget additional State funds for the Crisis Intervention Program to administer help with the Low Income Energy Assistance Program effective November 1, 1998. No additional County funds are required. Approval of Budget Amendment #99-0040 - Contingencies/Outside Agencies/Economic & Physical Development The Commissioners approved the following budget amendment: #99-0040 - Contingencies/Outside Agencies/Economic and Physical Development DebitCredit Contingencies Contingency $35,000 Outside Agencies/Economic & Physical City of Wilmington$35,000 Purpose: To transfer $35,000 from contingencies to hire a consulting firm to conduct a land use design charette for the City of Wilmington and New Hanover County in November 1999. Adoption of Resolution to Proclaim Saturday, October 24, 1998, as “Make A Difference Day” in New Hanover County “Make The Commissioners adopted a resolution to proclaim Saturday, October 24, 1998, as A Difference Day” in New Hanover County to join the nation in stressing the importance of helping others. The local project will involve The Cape Fear United Way, The Cape Fear Chapter of the American Red Cross, and the Weather Channel. Information will be distributed to homes on Pleasure Island to help people to prepare for and mitigate storm damage. Information will be placed in plastic bags and hung on doors in the Carolina Beach and Kure Beach area. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 32. Adoption of Resolution to Proclaim October as “National Breast Cancer Awareness Month” in New Hanover County “National Breast Cancer The Commissioners adopted a resolution to proclaim October as Awareness Month” in New Hanover County. All residents are urged to wear pink ribbons in recognition of breast cancer awareness and in honor of New Hanover County women who lost their lives to breast cancer. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 32. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 746 APPROVAL OF CONSENT AGENDA ITEM 8, ADOPTION OF RESOLUTION TO AWARD BID #99-0112 TO GREGORY POOLE EQUIPMENT COMPANY TO PURCHASE A BULLDOZER FOR THE NEW HANOVER COUNTY LANDFILL AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #99-0042 Chairman Greer expressed concern for listing the price of the bulldozer reflecting a buy-back option without showing the total purchase price of the equipment. He requested an explanation from staff. Director of Environmental Management, Ray Church, explained that the $103,000 buy back was not part of the actual cost of the bulldozer. It is a guarantee that New Hanover County will receive $103,000 if the equipment is sold within five years. The $113,811 is the repair and maintenance cost over a period of five years. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution awarding the bid to Gregory Poole Equipment Company, the only responsible bidder, in the amount of $393,748 to purchase a bulldozer for the New Hanover County Landfill and to approve the associated budget amendment as listed below. 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 32 #99-0042 - Environmental Management Fund/Landfill Operations DebitCredit Appropriated Fund Balance $82,937 Capital Outlay - Equipment $82,937 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following persons to step forward to receive services awards: William T. Parker, Sheriff’s Department 5 years Nicoletta A. Dean-Peebles, Social Services 5 years Vonzella S. Jones, Sheriff’s Department15 years Ruth E. Foy, Health Department20 years Avery G. Rollinson, Health Department20 years Helen C. McKoy, Social Services25 years Doris L. Lewis-Henry, New Hanover County Library25 years Chairman Caster, on behalf of the Board, presented services awards to each employee, and he expressed appreciation to them for their years of dedicated service to New Hanover County. A round of applause was given to the employees. PRESENTATION OF BOOK ENTITLED, STRENGTH THROUGH STRUGGLE, BY THE NEW HANOVER COUNTY LIBRARY Library Director David Paynter, on behalf of the New Hanover County Library and Friends of the Library, presented each County Commissioner with a copy of Strength Through Struggle, a chronological and historical record of the African-American community in Wilmington, North Carolina from 1865 to 1950. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 747 The book was written by Bill Reeves, an amateur local historian and long-time library volunteer, and edited by Beverly Tetterton, a local History Librarian. Because of this book’s contribution to the African-American history in Wilmington, the project was completely funded with grants from the N. C. Department of Cultural Resources and the Z. Smith Reynolds Foundation. Chairman Caster, on behalf of the Board, expressed appreciation to the Library and Friends of the Library for providing a copy of the publication to the Board. He also thanked Ms. Beverly Tetterton for giving of her time and effort to edit the book. A copy of the book is in file in the Clerk’s office. APPOINTMENT OF ROBERT C. GLASGOW AS TAX ADMINISTRATOR County Manager O’Neal advised that pursuant to NCGS 105-294 the Board is required to appoint the Tax Administrator. After completing the interview process, Mr. Glasgow was chosen as the person to fill the vacant position. County Manager O’Neal requested the Board to officially appoint Mr Glasgow as Tax Administrator for New Hanover County. Discussion followed on the term of appointment. County Manager O’Neal explained that pursuant to North Carolina General Statutes, the new Tax Administrator must be appointed to fill the unexpired term of the prior Tax Administrator. This term will expire July 1, 1999. After the unexpired term is completed, the Board has the option to appoint the Tax Administrator to serve a two or four year term. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to appoint Robert C. Glasgow to serve as Tax Administrator for New Hanover County to fill the unexpired term of Roland Register. The term will expire July 1, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster, on behalf of the Board, congratulated Mr. Glasgow, and he wished him success in his new position. A round of applause was given to Mr. Glasgow. BREAK Chairman Caster called a break from 9:25 a.m. until 9:35 a.m. APPROVAL FOR NEW HANOVER COUNTY TO PURCHASE AIRLIE GARDENS Chairman Caster advised that discussion has been held by the Board about the need to preserve Airlie Gardens over the past several months. The land could be developed, but the Board feels this unique, historic garden should be preserved and maintained for enjoyment by future generations. With strong support received from the public, the Board directed staff to approach the Corbett family about acquiring Airlie Gardens. After numerous meetings, the County has negotiated a proposed Buy and Sell Agreement to present to Corbett Package Company. He requested the County Attorney to comment on the agreement. County Attorney Copley reported an agreement has been reached with Corbett Package Company for New Hanover County to acquire Airlie Gardens at a purchase price of $10,500,000. The Buy and Sell Agreement does contain contingencies that will have to be resolved. For example: (1) the County must be able to obtain acceptable financing; (2) the County must receive an acceptable environmental assessment; and (3) a foundation must be established to maintain and preserve Airlie Gardens. Other details, such as the road access for Mrs. Elizabeth Corbett must be finalized; however, the purchase price will not change. If the Board decides to purchase Airlie Gardens, the Buy and Sell Agreement should be approved with the proviso that the County Attorney and County Manager continue to negotiate financing options and other details of the agreement. County Manager O’Neal reported that over 100 letters and petitions with 1,260 signatures in support of Airlie Gardens had been received in the Governing Body Office. Also, a grant NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 748 proposal has been submitted to the N. C. Clean Water Management Trust Fund. At this time, it appears the grant will be awarded to New Hanover County. Commissioner Howell requested the County Manager to explain how the $6,000,000 grant would be used. County Manager O’Neal explained that approximately $2,000,000 would be used toward purchasing Airlie Gardens and establishing the foundation with the remaining funds being used for water quality improvement projects. Commissioner Davis asked the County Attorney if the Board votes on the purchase price of $10,500,000, would this offer be contingent upon all other details being satisfactorily negotiated. County Attorney Copley replied that all details would have to be finalized before the Buy and Sell Agreement could be signed. Commissioner Birzenieks urged the Board to move forward with the purchase of Airlie Gardens, which in his option, is a rare opportunity to preserve a beautiful natural resource that can be enjoyed by future generations. Vice-Chairman Greer spoke on the overwhelming support received from the public to preserve greenspace, and he stated this was an opportunity to purchase and preserve a truly beautiful piece of property to be enjoyed now and in the future. Chairman Caster asked if anyone from the public would like to comment. The following remarks were received: Mr. Jack White spoke in favor of preserving greenspace and Airlie Gardens, but he strongly objected to paying $10,500,000 for land valued on the tax rolls at $1,300,000. Concern was expressed for this being a good deal for the Corbett family and a terrible deal for the taxpayers of New Hanover County. Mr. White presented the following questions: (1)Why doesn’t the County wait to see if the $6,000,000 grant will be awarded before rushing into purchasing Airlie Gardens? (2)Has the property actually been appraised? Is the land worth $10,500,000? It appears to be a steal of County taxpayers’ money by the Corbett family. (3)Why is the Corbett family concerned about New Hanover County setting aside money for the establishment of a foundation? The Corbett family will receive $10,500,000, have representation on the foundation board, and use County money to establish the foundation. (4)Why doesn’t the Corbett family give the land to New Hanover County? The County should not be required to pay more than half of the $10,500,000. This land has been damaged by recent hurricanes and the taxpayers will pay to clean up the gardens. (5)Why did the Board of County Commissioners approve a development plan to allow construction of 47 homes on 50 acres of the Corbett property? Now, after this action has been taken, the County wants to purchase Airlie Gardens to avoid development of the property. (7)Why doesn’t the County condemn the land through eminent domain? (8)Why doesn’t the County forbid development on the land instead of purchasing Airlie Gardens? This option would preserve the gardens. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 749 In closing, Mr. White urged the Board to reject the purchase of Airlie Gardens at the proposed price because the taxpayers should not be asked to pay $10,500,000. He said the Corbett family should show some type of philanthropy and give the land to New Hanover County. Ms. Nan Graham, a resident of Edgewater Lane, commented on the rapid growth that has occurred in this area, and she spoke in support of preserving Airlie Gardens. She complimented the Board for having the vision and leadership to bring about the preservation of this beautiful historic site. As a member of the Airlie Road Association, she said this is a positive step in preserving the quality of life in the area. She urged the Board to move forward with preserving greenspace throughout New Hanover County. Attorney Camilla M. Herlevich, Director of the North Carolina Coastal Land Trust, expressed appreciation to the Board for preserving this historic garden. She advised that numerous calls and letters of support for the preservation of Airlie Gardens had been received by the N. C. Coastal Land Trust. With coastal resources disappearing, the public has become very supportive of protecting these natural resources. In response to the remarks by Mr. White, she said the County does not have authority to prohibit development on private property without paying just compensation. She reiterated that New Hanover County was fortunate to have County Commissioners that have provided the leadership necessary to look into future and see the importance of preserving Airlie Gardens and greenspace. Dr. Anne Russell spoke of a continuing interest by the citizens to preserve the quality of life in New Hanover County. She urged the Board to move forward with the purchase, and she offered to donate the proceeds of her children’s book about Airlie Gardens once the foundation is established. She said in defense of the Corbett family, the land could be sold for a much larger sum of money to persons interested in developing the property. Mr. Houston Tart informed the Board that he grew up at Airlie Gardens because his father was the grounds keeper. He urged the Board to save this beautiful site, which was worth much more than $10,500,000. He expressed concern for the negative remarks made about the Corbett family, and he said that Mr. W. A. Corbett, Sr. was a kind, wonderful man who did many good deeds during his life. In closing, Mr. Tart noted that it was difficult for him to understand how St. James Church could claim six acres of the property for the Lebanon Chapel and graveyard site when the chapel and cemetery were so small. He urged the Board to purchase the gardens. Ms. Mary Farmer informed the Board that her parents lived in Bradley Point adjacent to the east side of Airlie Gardens. She requested the Board to consider including a contingency in the final Buy and Sell Agreement that will minimize access to the private area by the public. After reading the article in the newspaper about using prison inmates to clean up the property, her parents have become concerned about the safety of residents living in this section of Bradley Creek. Commissioner Davis informed Ms. Farmer that the access road would be a private road. Ms. Farmer responded that she understood the road would be private, but while intentions are good, fences are better. County Manager O’Neal informed Ms. Farmer that New Hanover County and other agencies have used prison trustees under the supervision of guards for many projects with no incidents experienced. Chairman Caster requested the Board to consider whether the County should purchase Airlie Gardens, and noted that other issues could be addressed before the Buy and Sell Agreement was finalized. Commissioner Davis asked to be recused from voting on this issue since he is related to the Corbett family. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 750 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to recuse Commissioner Davis from voting on the issue. Upon vote, the MOTION CARRIED 4 to 0. Chairman Caster called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to proceed with the purchase of Airlie Gardens at $10,500,000 contingent upon all legal details being worked out by the County Attorney. Upon vote, the MOTION CARRIED by a 4 to 0 vote. PRESENTATION OF FINAL REPORT ON THE SPACE NEEDS STUDY Deputy County Manager, Andrew J. Atkinson, reported that BMS had completed the space study of the Judicial and Administration Buildings. The goal of the study was to receive recommendations for relieving overcrowding of the courts. He asked Mr. Bruce Bowman, an architect with the firm of BMS Architects, PC, to present the final report. Mr. Bowman presented drawings of the space plan and the following recommendations: ? Move Juvenile Services out of the New Hanover County Judicial Building to a new site where all Juvenile Services will be housed including Juvenile Court. Discussion is being held with the City of Wilmington to determine if the 138 North Fourth Street building can be purchased. The City is in the process of trying to decide where to relocate the offices housed in the building, and no final decision has been made on the County’s offer as of this date. ? Expansion of the Judicial Building should begin as soon as possible to relieve the current space shortage. ? Convert the old EMS Building presently housing the Cape Fear Community College Nursing Program to the County Emergency Management Office and Emergency Operations Center. This could begin at the end of March, 1999. ? Construct a new Administration Building on the corner of 4th and Chestnut Streets. This structure would house the County Commissioners, County Manager, Legal Department Public Information Officer, Finance Department, Budget Department, Information Technology Department, Human Resources Department, and Human Relations. ? The existing Administration Building would be renovated to house the Tax Department, development offices, such as Planning, Engineering, Water and Sewer, and Inspections. ? Construct a parking deck to accommodate 150 to 200 cars. ? Demolish the Annex Building ? Continue to negotiate with BellSouth to acquire the property located on the 4th and Chestnut Street block. The following figures were presented on the estimated construction costs for the proposed plan: Judicial Building Expansion$ 6,625,000 New Administration Building 6,000,000 Demolition of Annex Building 60,000 Renovation of Existing Administration Building 850,000 EMS Building Renovation 150,000 Purchase of City Building (138 North 4th Street) 1,300,000 Total $14,985,000 Schematic drawings of the space plan were presented with the following construction schedule: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 751 Judicial Annex and EMS BuildingNov. 1998 thru Dec. 1999 Judicial Expansion and NewDec. 1999 thru Dec. 2000 Administration Building Renovation of Existing Admin. Bldg.Jan. 2000 thru Jan. 2001 and Parking Structure The buildings will be occupied as follows: Fall 1998 District Attorney (Temporary Location) Juvenile Court Counselors Trial Court Administrator Grand Jury Fall 1999 Juvenile Court Judges Human Relations (Temporary Location) Winter 2000 District Attorney (Permanent Location) New Courtrooms New Administration Building Fall 2001 Register of Deeds Clerk of Court Elections Development Services Building Parking Deck Mr. Bowman advised this concluded his presentation, and he offered to answer questions. Discussion followed on the amount of funding needed to move Emergency Management and the Emergency Operations Center (EOC) into the old EMS Building. Deputy County Manager Atkinson informed the Board that the move could be made without a great deal of expense. Vice-Chairman Greer objected to locating the EOC in a building that was not in close proximity to the Law Enforcement Building. He suggested spending money to enlarge the Law Enforcement Center instead of renovating the old EMS building. Commissioner Davis asked if Cape Fear Community College had been notified about moving the Nursing Program from the EMS Building. Deputy County Manager Atkinson responded that Cape Fear Community College had been contacted, and he was informed that the Nursing Program would be relocated to another site in March 1999. Commissioner Birzenieks commented on the total estimated renovation costs of the older buildings and he asked Mr. Bowman if this figure was sufficient to cover unexpected expenses. Mr. Bowman stated that an effort has been made to limit the cost of renovation. The money will be placed on needed items, such new interior stairs and window replacements in lieu of reworking office configurations. If this plan is followed, the estimated costs should be sufficient. Commissioner Birzenieks commented on a total projected cost of approximately $15,000,000, and he asked what the project cost would be once architect fees, moving costs, furniture and equipment were added to the total figure. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 752 Deputy County Manager Atkinson explained that furniture and equipment have not been addressed because these items can be approved during the budget process. The architect fees will range from 5% up or down depending on new construction or renovation. Commissioner Birzenieks asked if it would be correct to say that the project cost including architect fees, furniture, and equipment would be approximately $17,000,000. Deputy County Manager Atkinson agreed with that statement. Chairman Caster commented on the Judicial Building expansion and he asked if the projected cost included increased security. Mr. Bowman advised security had been addressed in the expansion by redevelopment of the entrance on level two. A vestibule will be constructed that will contain closed circuit cameras, metal detection devices will be used, and more controlled access to the building will be accomplished by eliminating a number of entrances. Deputy County Manager Atkinson reported that a meeting was held last week with the Sheriff and Clerk of Court to discuss security. All persons agreed to incorporate security measures in the entrance design for the building. The architect selected for the expansion will be requested to study the front entrance area to better utilize the space for a single entrance/exit point. Vice-Chairman Greer expressed concern for the number of items that have not be finalized, such as whether the County will be able to purchase the City Building or the BellSouth property, and he questioned if the Board should take any action until these matters have been resolved. County Manager O’Neal stated he felt the City Building and BellSouth property could be purchased; however, more time might be needed to negotiate the final agreement with BellSouth. He advised one major concern was continuing to spend money on the Annex Building. Vice-Chairman Greer expressed concern for whether the County was heading in the right direction. Under the proposed plan, a great deal of money will be spent on renovating the City Building, the old EMS Building, and the existing County Administration Building. He asked if consideration should be given to constructing a facility that will house all agencies under one roof, which, in his opinion, would be less expensive. County Manager O’Neal responded that the current Administration Building and the old EMS Building were structurally sound and worth saving. The City Building on 138 North 4th Street will be an excellent location to accommodate Juvenile Services. He said the idea of constructing one building to accommodate all county needs was excellent, and he offered to have staff to check into the cost. Vice-Chairman Greer expressed concern for trying to address space needs in small pieces. He stated the Judicial Building and Jail need to be expanded. He suggested constructing a regional jail in another location with contributions from surrounding counties. Then, the existing jail space could the be used to provide space for courtrooms. Deputy County Manager Atkinson stated this option was studied; however, Court employees felt it would be inefficient to have court related functions in another building. Records would have to be carried back and forth from the Clerk of Courts Office to the courtrooms. Juvenile Services felt relocating offices to the City Building on North 4th Street would provide an opportunity to schedule two days of Juvenile Court instead of one and provide time for more cases from the Department of Social Services to be heard within State imposed time constraints. Chairman Caster requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 753 Commissioner Birzenieks expressed concern for the condition of the Annex Building, and he stated this building should be demolished. He asked how the proposed plan would be financed. County Manager O’Neal advised through Certificates of Participation. Chairman Caster called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to authorize staff to begin the process of obtaining an architect for expansion of the Judicial Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O’Neal requested direction from the Board as to how the architect selection process should be conducted. He advised that in the past Staff has prepared a request for qualifications with appointment of a Selection Committee to review the proposals received. Usually, one or two County Commissioners and representatives from the related departments will serve on the committee. Chairman Caster asked if any Commissioner would like to serve on the Selection Committee. Commissioner Howell volunteered to serve and Commissioner Birzenieks volunteered to assist Mr. Howell. County Manager O’Neal said that he would select two or three people to represent the courts, and he reported once the committee is established, the Board will be informed on the progress of the selection process. ACCEPTANCE OF LAW ENFORCEMENT BLOCK GRANT FROM THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR FY 1998 Chairman Caster opened the Public Hearing. Lt. Russ Fales requested the Board to consider accepting a Law Enforcement Block Grant from the U. S. Department of Justice, Bureau of Justice Assistance for FY 1998 in the amount of $83,122 with a required local match of $9,236. The local match will be obtained from the U. S. Drug Enforcement Administration Equitable Sharing Program. The grant funding will be used to lease new patrol vehicles to be assigned permanently to individual patrol deputies. This procedure will reduce maintenance costs and increase the life of the vehicles. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to accept the Law Enforcement Block Grant from the U. S. Department of Justice, Bureau of Justice Assistance in the amount of $83,122 to lease new patrol vehicles that will be assigned permanently to individual patrol deputies. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF ORDINANCE UPON THE FIRST READING TO AMEND CHAPTER 15, WATER SUPPLY SYSTEM, ARTICLE II, WASTEWATER COLLECTION AND TREATMENT OF THE NEW HANOVER COUNTY CODE County Engineer, Wyatt Blanchard, requested the District Board to consider enacting an ordinance that will allow County employees to access utility easements to remove obstructions from water and sewer easements. The use of an abatement notice with a hearing before the County Manager (or his designee) will streamline the process. Also, money will be saved by not having to go through a court hearing before obstructions can be removed. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 754 County Attorney Copley advised the ordinance should be in place to allow County personnel to access utility easements in times of emergencies, such as a sewer spill. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the ordinance to allow the District more flexibility in removing obstructions on water and sewer easements. 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 32. The ordinance will be codified into the New Hanover County Code. BREAK Chairman Caster called a break from 11:00 a.m. until 11:15 a.m. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:16 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:21 A.M. DISCUSSION OF NEW HANOVER COUNTY BECOMING AN ELECTING COUNTY County Manager O’Neal advised that discussion was held by the Board at the last staff meeting regarding the difference between drug screening and drug testing. At that meeting, it was decided this item should be discussed at the October 19, 1998 meeting. He stated that Director of Social Services, Wayne Morris, was present to explain the difference between the two testing procedures. Chairman Caster reported in 1997, the N. C. General Assembly enacted Welfare Reform legislation which enabled a county to apply to become an electing county so it could administer its own Work First Assistance Program. Pursuant to the legislation, each interested county had to develop a plan to be submitted to the N. C. Department of Health and Human Services, Division of Social Services, with a number of plans being recommended to the General Assembly for approval. New Hanover County developed a plan specifically stating that “drug testing” would be required for persons receiving assistance. After a review of the County’s plan by the General Assembly, a call was received from N. C. House Representative Danny McComas requesting the Board to amend the plan to require “drug screening” so the plan would be approved and New Hanover County could become an electing county. Chairman Caster explained that in his mind he did not feel changing the word from “screening” to “testing” would make a significant difference. The plan was amended. Now, it appears there is a great deal of difference in the definition of the two procedures. He requested Director Morris to comment. Director Morris reported the Department of Social Services (DSS) has been performing drug screening since May 1, 1998. A standardized questionnaire is administered by the case worker taking the application. If the score on the questionnaire indicates there could be a substance abuse problem, the applicant is referred to a Qualified Substance Abuse Professional (QSAP), who is a mental health worker out posted in the DSS Building. The applicant is interviewed by the QSAP who determines if a drug treatment program is needed. Drug testing requires the applicant to provide body fluids, blood or urine, to be analyzed for the presence of drugs. Commissioner Davis expressed concern for the applicant being untruthful on the questionnaire. Under this policy, the case worker would not be able to determine if the person was using drugs. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 755 Commissioner Howell commented on the large number of child abuse cases in New Hanover County, and he stated that drug abuse was associated with these incidents. Also, drug abuse leads to poverty. The Board decided to require drug testing so persons with substance abuse problems would not be eligible to receive public assistance without going through a drug rehabilitation program. Chairman Caster commented on reading various opinions written by professionals involved with drug therapy, and he asked if drug testing was effective. Director Morris responded that he was not an expert in this field; however, many professionals feel that drug testing is not the answer. If an applicant does not take drugs for a number of days and the test is administered, the drugs will not show up in the urine or blood sample. The experts feel that screening plus more intensive screening through interviewing is more effective. Commissioner Birzenieks strongly objected to not requiring drug testing in the Work First Assistance Plan for New Hanover County. He advised it was his understanding that drug screening was a questionnaire that included a urine test to analyze a broad spectrum of drugs. It appears the State has a completely different definition of drug screening. Most companies and industries require drug testing for job applicants; therefore, drug testing should be required for persons applying for public assistance. He suggested that the Board take a stand on this issue. Commissioner Davis agreed with Commissioner Birzenieks. He said if drug testing had not been included in the plan for New Hanover County, he would not have voted for the County to become an electing county. It is wrong to allow public tax dollars to go to persons who are using drugs without some form of treatment. If the County is going to administer the Work First Public Assistance Program, the County should be able to require drug testing. Chairman Caster referenced his years of service in the U. S. Coast Guard, and he reported that drug testing was used and proved to be successful in detecting the use of drugs. He expressed concern for federal and state laws prohibiting drug testing of applicants applying for public assistance. With the drug problem in our community, it is frustrating to have laws that will not allow the County to address the problem. Commissioner Birzenieks stated the intent of the Board was to require drug testing to identify persons with drug abuse problems so treatment could be administered to allow them to becoming functioning citizens. Unless drug testing is allowed under the County’s plan, the Board should reject the electing county status. Commissioner Davis agreed. If the State will not allow New Hanover County to test for drugs, then the State should continue to administer the Work First Assistance Program. It is frustrating to try to help people and persistently be badgered by the State. Chairman Caster asked if the Board would like him to write a letter to the State agency informing them that New Hanover County will not accept the electing status unless drug testing is included in the plan. Vice-Chairman Greer suggested authorizing the Chairman to write a letter asking if drug screening means that every applicant will be required to provide a body fluid for testing. County Manager O’Neal suggested writing N. C. House Representative McComas so he can approach the State about the County’s stand on this issue. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to authorize the Chairman to write a letter to Representative McComas informing him that the Board’s definition of drug screening is that every applicant will be required to provide a body fluid for testing. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, OCTOBER 19, 1998PAGE 756 ADDITIONAL ITEMS - COUNTY MANAGER Work Session Scheduled on November 19, 1998 to Hear a Presentation from the U. S. Army Corps of Engineers Regarding Wetlands County Manager O’Neal stated after the last presentation by the U. S. Army Corps of Engineers, the Board recommended scheduling a Work Session to discuss the definition of wetlands. Consensus: It was the consensus of the Board to schedule a Work Session with the U. S. Army Corps of Engineers to discuss wetlands on Thursday, November 19, 1998, at 10:00 a.m. in the New Hanover County Administration Building, Room 501, 320 Chestnut Street, Wilmington, North Carolina. Work Session Scheduled on November 5, 1998, to Discuss Salt Water Intrusion into Drinking Water Wells in the Porters Neck Area of New Hanover County County Manager O’Neal advised that the Porters Neck Quality of Life Association had raised concerns about salt water intrusion into the drinking water wells. This group has requested a Work Session to discuss the expansion of water lines into this area. Consensus: It was the consensus of the Board to schedule a Work Session on November 5, 1998, at 10:00 a.m. in the New Hanover County Administration Building, Room 501, 320 Chestnut Street, Wilmington, North Carolina. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of New Hanover County’s Preparation for the Year 2000 Commissioner Birzenieks commented on computer concerns about the year 2000 and he suggested that every agency associated with the County, such as the Airport, Health Department, Mental Health Center, etc. attend a regular meeting and briefly answer the following questions: (1)Is your department ready for the year 2000? (2)If the answer is no, what action plans are in place to address this situation? County Manager O’Neal advised that a great deal of discussion has occurred with the department heads about the year 2000. County government has taken this situation very seriously and letters have been written to vendors, banks, and other agencies that serve New Hanover County to receive feedback on what actions have been taken by these agencies. The responses have been varied. The Information Technology Director has informed the Management Team that County government is on-line for the year 2000. A major concern is that the State of North Carolina will not be prepared for the year 2000, which could greatly impact the Department of Social Services. Some federal sectors of government feel that counties should have Emergency Operation Centers prepared to help citizens address problems that could be experienced after December 31, 1999. Consensus: After further discussion, it was the consensus of the Board for the County Manager to reserve a place on the Monday morning meetings for one or two departments to report to the Board and respond to the questions proposed by Commissioner Birzenieks regarding preparedness for the year 2000. ADJOURNMENT Chairman Caster adjourned the meeting at 12:00 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board