2005-02-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 242
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 21, 2005,
at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Vice-Chairman Caster requested to remove Items 2, 6, 9, 11 and 15 for discussion.
In discussion of Item 2, Vice-Chairman Caster clarified that if the four grounds maintenance worker positions
for Airlie Gardens are approved for the remaining FY 04-05 and not approved in the FY 05-06 Budget, the positions will
be eliminated.
In discussion of Item 6, Vice-Chairman Caster questioned if Good Shepherd Ministries and not the Health
Department could hire the temporary nurse with the grant funds awarded. County Manager O’Neal responded that this
was probably necessary for insurance purposes.
In discussion of Item 9, Vice-Chairman Caster requested Staff to proof page 63, Section 5 (e) to verify that the
wording is correct.
In discussion of Item 11, Vice-Chairman Caster stated that he felt the County should be cautious when
considering the cost of upkeep on the computers in the Library.
In discussion of Item 15, Vice-Chairman Caster encouraged Staff to work closely with the municipalities as
the Master Plan for Parks, Recreation and Open Space is compiled. Commissioner Kopp stated that he felt that the Parks
and Recreation Department is an area that should be considered for consolidation with the municipalities.
Hearing no further comments, Chairman Greer called for a motion.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the items on the Consent
Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following meeting as presented by the Clerk to the Board:
Regular Meeting, January 24, 2005
Budget Work Session, January 28, 2005
Special Meeting, January 29, 2005
Regular Meeting, February 7, 2005
Approval for Four Grounds Maintenance Worker Positions for Airlie Gardens
The Commissioners approved the request for four grounds maintenance worker positions for Airlie Gardens.
The grounds maintenance workers will perform such basic tasks as mowing, weeding, and mulching.
Approval of New Hanover County FY 2005-2006 Programmatic Goals
The Commissioners approved the New Hanover County FY 2005-2006 Programmatic Goals. The departments
will be instructed to develop their own individual goals and performance measures based on the County’s Programmatic
Goals.
Acknowledgment of New Hanover County Schools Budget Amendment
The Commissioners acknowledged the New Hanover County Schools Budget Amendment to transfer funds
between ‘05 Capital HVAC projects required by change in scope of work. This will complete multi-phased projects at
Bellamy and Roland Grise Schools.
Approval of Co-Hosting with the Chamber of Commerce and the City of Wilmington the 2005 Legislative
Weekend
The Commissioners approved co-hosting with the Chamber of Commerce and the City of Wilmington the 2005
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 243
Legislative Weekend to be held on April 15-17, 2005 and authorized the transfer of funds in the amount of $10,000 from
the Contingency Fund for the event. The Legislative Weekend is held every other year, during the Legislature's Long
Session.
Acceptance of Champion McDowell Davis Charitable Foundation Grant and Approval of Associated Budget
Amendment #05-0142 - Health Department
The Commissioners accepted a Champion McDowell Davis Charitable Foundation Grant through the Good
Shepherd Day Shelter for the homeless in the amount of $56,400 and approved the associated budget amendment #05-
0142. The funds will be used to continue the nursing clinic services at the homeless shelter through 2005.
Budget Amendment #05-0142 – Health Department
AdjustmentDebitCredit
Good Shepherd Program:
Good Shepherd Ministries$56,400
Temporary Salaries$30,880
Social Security Taxes 2,220
Contracted Services 6,200
Departmental Supplies 16,700
Employee Reimbursements 400
Explanation: To budget grant funding from the Champion McDowell Davis Foundation to be used to support
the Good Shepherd Clinic.
Acceptance of Additional Funding from the State and Approval of Associated Budget Amendment #05-0145 -
Health Department
The Commissioners accepted additional funding from the State in the amount of $2,700 and approved the
associated budget amendment #05-0145. The funds will be used for continued support of the sterilization program.
These funds must be spent by May 30, 2005.
Budget Amendment #05-0145 – Health Department
AdjustmentDebitCredit
Women’s Preventive Health:
State Grant$2,700
Contracted Services$2,700
Explanation: To budget additional state funding received to be used to support the sterilization program.
Acceptance of Division of Public Health Grant and Approval of Associated Budget Amendment #05-0144 - Health
Department
The Commissioners accepted a Division of Public Health Grant in the amount of $9,353 and approved the
associated budget amendment #05-0144. The funds will be used to support the Family Planning Program for FY 04-05.
The funds are to be spent to purchase long-acting contraceptives for low-income women in the Family Planning Program.
Funds are to be expended by May 30, 2005 and reported to the State by June 30, 2005.
Budget Amendment #05-0144 – Health Department
AdjustmentDebitCredit
Women’s Preventive Health:
State Grant$9,353
Departmental Supplies$9,353
Explanation: To budget additional state grant funds received to support the purchase of long-acting
contraceptives for low-income women in the Family Planning Program.
Approval of New Hanover County Personnel Policy Revisions
The Commissioners approved the following revisions to the County Personnel Policy. The revisions became
effective upon approval.
1. Article IV Section 11. Alcohol and Drug Free Workplace Policy - The purpose of this revision is to provide
a more comprehensive policy which includes procedures for various situations; to establish random drug testing
for specified safety-sensitive and security-sensitive positions; and to reflect a recent change in pre-employment
drug screening to be conducted for all County positions, rather than selected ones.
2. Article V Section 7. Types of Disciplinary Actions - This proposed revision provides an additional type of
disciplinary action - salary reduction. This will enable management to appropriately address job performance
issues which call for an action short of demotion or dismissal, but are serious enough failures in performance
to justify salary reduction. In a pay-for-performance plan, just as supervisors may reward good performance
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 244
or conduct with pay increases, this option allows them to effect disciplinary pay decreases for poor performance
or conduct.
3. Article VII Section 5. Personal Leave-Manner of Accumulation - The purpose of this revision is to add another
accrual level to personal leave, allowing for a more competitive accrual rate for employees with twenty (20)
or more years of service with the County. The change in the accrual will not affect the current maximum
accrual level. Surveys of other local governments show that we are behind the market in this area.
4. Article VII Section 12. Advanced Sick Leave - The purpose of this revision is to include language in the policy
which allows the county manager to extend authority to approve/deny advanced sick leave, leave sharing and
leave of absences to a designee and/or to the Human Resources Director.
Ratification of Submission of Z. Smith Reynolds Foundation Grant Application for the Disproportionate Minority
Contact (DMC) Project - Health Department
The Commissioners ratified the submission of a Z. Smith Reynolds Foundation Grant application for the
Disproportionate Minority Contact Project in the amount of $75,000. If awarded the funds will be used to implement
a comprehensive County plan to address the issues of the DMC. The deadline for the pre-application to Z. Smith
Reynolds was February 1. This grant requires no local match.
Authorization for the Library to Submit a Grant Application for LSTA EZ Basic Equipment
The Commissioners authorized the Library to submit a grant application for LSTA EZ Basic Equipment in the
amount of $25,000. If awarded, the funds will be used to replace 38 personal computers for use by the public at four
locations for accessing the Internet and library electronic resources. These computers are over five years old and cannot
accommodate new versions of operating software. The County match from the library supplies budget is $11,198.04
and will be included in the library's budget request for FY05-06. A copy of the grant application is available for review
in the County Manager's office.
Authorization for the Library to Submit a Grant Application for LSTA EZ Marketing
The Commissioners authorized the Library to submit a grant application for LSTA EZ Marketing funds in the
amount of $23,808. If awarded the funds will be used to publicize and inform the citizens of New Hanover County
regarding the resources of the public library. The County match from the library budget is $2,000 and will be included
in the library's budget request for FY05-06. A copy of the grant application is available for review in the County
Manager's office.
Authorization for the Library to Submit a Grant Application to the State for Partnership for Children Funds
The Commissioners authorized the Library to submit a grant application to the State for Partnership for Children
funds in the amount of $154,794.16. If awarded the funds will be used to provide early literacy training for preschool
teachers and services to children in New Hanover County preschools and family childcare homes. The initial application
is for 2005-2007. The State may approve the grant for the two-year period, but the County is required to reapply for
funding for FY2006-2007. Matching in-kind services total $31,309.46. A copy of the draft application is available for
review in the County Manager's office.
Authorization for the Library to Submit a Grant Application to the Institute of Museum and Library Services’
Partnership for a Nation of Learners Program
The Commissioners authorized the Library to submit a grant application to the Institute of Museum and Library
Services’ Partnership for a Nation of Learners Program in the amount of $280,643.06. If awarded the funds will be used
in partnership with WHQR Public Radio and the Wilmington Children's Museum to work with low-income families to
strengthen their reading skills. The program used will be based upon materials provided by the Public Library
Association's "Every Child Ready to Read" series. Grant participants will provide a 33% in-kind match. The library
in-kind match is $44,325 for year one and $44,325 for year two.
Approval to Award Contract to Site Solutions to Prepare the Master Plan for Parks, Recreation and Open Space
for New Hanover County – Parks Department
The Commissioners awarded a contract to Site Solutions to prepare the Master Plan for Parks, Recreation and
Open Space for New Hanover County in the amount of $41,900. A Master Plan for Parks, Recreation and Open Space
was funded in the current Fiscal Year. Site Solutions has proposed to complete the plan within seven months of award
of the contract.
Authorization for the Sheriff’s Office to Submit a Grant Application to the North Carolina Governor’s Highway
Safety Program for a 2005-2006 Safe Roads Project
The Commissioners authorized the Sheriff’s Office to submit a grant application to the North Carolina
Governor’s Highway Safety Program for a 2005-2006 Safe Roads Project in the amount of $86,934. If awarded, funds
will be used to increase traffic enforcement in problem traffic areas coinciding with peak traffic times and days of the
week. The grant proposal includes the following equipment: 2 traffic enforcement vehicles, $54,000; 2 radar units,
$6,625; 4 Alco-Sensor Units, $1,600; 1 traffic trailer, $13,717 (all 75% federal funds with 25% local match); 2 mobile
video cameras, $2,750; 2 sets blue lights, $4,490; and 2 mobile radios, $3,752 (all 50% federal funds with 50% local
match). The Sheriff is requesting that General Fund Contingency funds be used for the grant's local match amount. The
Governor's Highway Safety Program requires that the project period be at least three years.
A copy of the Local Government Resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXIX, Page 16.1.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 245
Approval of Budget Amendments #2005-35, #2005-36, and #05-0146 - Sheriff’s Office
The Commissioners approved the following budget amendments:
Budget Amendment #2005-35 – Sheriff’s Office
AdjustmentDebitCredit
Controlled Substance Tax:
Controlled Substance Tax$7,700
Capital Project Expense$7,700
Explanation: To budget for additional revenue received on January 27, 2005. Controlled Substance Tax funds
are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary.
Budget Amendment #2005-36 – Sheriff’s Office
AdjustmentDebitCredit
Federal Forfeited Property:
Federal Forfeited Property$76,765
Other 2,075
Capital Project Expense$78,840
Explanation: To increase budget $76,765 in additional revenue received on January 26, and February 4, 2005
and to budget $2,075 insurance proceeds received for a Sheriff’s Office total loss vehicle. Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. The total loss
vehicle was purchased with Federally Forfeited Property funds; therefore, the insurance proceeds should be budgeted
in Fund 348.
Budget Amendment #02-0146 – Sheriff’s Office
AdjustmentDebitCredit
Administration:
Other$13,715
Vice:
Departmental Supplies$13,615
Uniform Patrol:
Safe Summer Program$ 100
Explanation: To budget $13,615 received by the NC District Court Order as proceeds of illegal activity to be
forfeited to the Sheriff’s Office and used at the discretion of the Sheriff and to budget a $100 contribution for the Safe
Summer Program. At the Sheriff’s directive, the Court Order funds should be budgeted in the Vice Division’s budget
for equipment.
Acceptance of Tax Collection Reports Through January 31, 2005 – Tax Department
The Commissioners accepted the following Tax Collection Reports through January 31, 2005, as submitted
by the Collector of the Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXIX, page 16.2.
Release of Values
The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers. Applications and
letters explaining late filing are available upon request at the Tax Office.
Bridger, Edith$29,549
Clark, Audrey 45,469
Daniels, Corena J. 28,675
Ottaway, Kilby P. Barbara M. 49,571
Stuart, George A. Dorothy B. 57,707
The Commissioners granted a correction as presented at the January 24, 2005, meeting to a Senior
Citizen/Disability Exclusion for the following taxpayer:
Twigg, Marion$20,000
The Commissioners released the following taxpayers from payment of late listing penalties since they certify
they mailed their listing on time:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 246
Jackle, Dennis E. $ 14.88
Leasecomm Corporation 129.10
Wells Fargo Financial Leasing, Inc.1,025.17
Authorization for Release of Taxes Barred
The Commissioners authorized the release of taxes barred according to G.S. 105-378. The referenced statute
states that forced collection of any taxes after ten years from the date due is not allowed. These uncollected amounts
are .18% of the combined tax levies for the County and the municipalities charged in 1994 in the amount of
$70,050,124.65. A total of 248 accounts amount to $100.00 or more.
New Hanover County$ 80,643.43
Fire District 1,418.85
City of Wilmington 31,814.83
City of Wilmington License Tax 6,247.14
Wrightsville Beach 1,883.29
Carolina Beach 4,462.03
Kure Beach 215.86
Total$126,685.43
Approval of Advertisement of Tax Liens on Real Property
The Commissioners approved the advertisement of Tax Liens of Real Property to be published in the
Wilmington Morning Star on April 6, 2005 for all delinquent 2004 real estate accounts not paid by 5:00 p.m. on March
23, 2005.
Approval of Budget Amendment #2005-32 – Finance
The Commissioners approved the following budget amendment:
Budget Amendment #2005-32 – Finance
AdjustmentDebitCredit
Finance:
Interest Income$50,000
Contracted Services $22,000
Appropriated Fund Balance:
Appropriated Fund Balance$28,000
Explanation: To increase contracted services and decrease appropriated fund balance (revenue) due to banking
contract adjustment.
Approval of Budget Amendment #05-0148 – Social Services
The Commissioners approved the following budget amendment:
Budget Amendment #05-0148 – Social Services
AdjustmentDebitCredit
IV-E Waiver Program/Services:
IV-E Waiver Funds$555,000
Contracted Services - Legal $ 25,000
Intensive Family Preservation$150,000
IV-E Waiver Board$380,000
Explanation: New Hanover County was approved, as of January 1, 2005, as an IV-E Waiver County. This
authorized the County for a new funding source to expand services for IV-E Foster Children.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service awards:
Five-Year: Michael A. Maxwell - Engineering
Raj K. Nandlal - Sheriff's Office
Timothy W. Wilson - Sheriff's Office
Brian K. Scott - Health
Linda H. Berry - Social Services
Ten-Year: Renee L. Chesnut - Elections
James R. Shivar - Inspections
Vivian P. Mears - Health
Fifteen-Year: Wenda B. Rexroad - Social Services
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 247
Twenty-Five Year:Rebecca S. Taylor - Library
Thirty-Year:Gaither H. Deitz, Jr. – Inspections
On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation,
and thanked them for their dedicated years of service.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be introduced:
Patricia Holt – Health Department
Paige Medlin – Health Department
Christopher Murray – Health Department
Julie Jewell – Social Services
Kimberly Craig – Social Services
On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished
them success with their new positions.
CONSIDERATION OF RESOLUTION DECLARING MARCH 2005, WOMEN’S HISTORY MONTH IN NEW
HANOVER COUNTY
Chairman Greer reported that Tammy Boseman, on behalf of the New Hanover County Commission for Women
has requested that the Commissioners declare March 2005, as Women’s History Month in New Hanover County. Other
members of the Commission were present.
Chairman Greer read the resolution into the record and requested a motion for adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution declaring
March 2005, Women’s History Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXIX, Page 16.3.
CONSIDERATION OF RE-JOINING THE SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION
(SEDC)
County Manager Allen O’Neal reported that the County has been requested to consider re-joining the
Southeastern Economic Development Commission.
County Manager O’Neal requested Leon Martin with the SEDC to make the presentation to the Board.
Mr. Martin reported that the SEDC is active in promoting economic development in the region through such
activities as securing grant funds primarily through the Economic Development Administration (EDA). EDA grants can
provide up to 50% of the cost of a project for public works, presently with a practical cap of $1 million, provided that
the project will create jobs and capture private investment. Feasibility study grants up to $50,000 are also available.
SEDC dues will be billed on a quarterly basis until the Federal Government budget is approved including continuing
funds for the EDA.
The SEDC is presently composed of 10 counties, including Pender and Brunswick. Each of the Boards of
County Commissioners will have to vote to allow New Hanover County into the SEDC. Assuming New Hanover
County is accepted, the County will be given representation on the SEDC board.
The annual cost to the County for dues from July 1-June 30, is $17,634 based on a fee of $.11 per capita (2000
census). The County also owes $7,526.50 in back dues from when it was a member in 1985/86 but then let its
membership lapse. The total cost for the first year to the County would be $25,160.50. The County must be a member
of a "dedicated development commission" to receive EDA funds.
Vice-Chairman Caster clarified with Mr. Martin that the municipalities are not eligible to receive EDA grant
funds unless the County is a member.
Motion:
Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve re-joining the Southeastern
Economic Development Commission including repayment of back dues for a total amount of $25,160.50.
Substitute motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to approve re-joining the
Southeastern Economic Development Commission without the payment of back dues in the amount of $7,526.50.
Commissioner Kopp clarified with Mr. Martin that the back dues in the amount of $7,526.50 were due to an
increase assessed while the County was an active member of the SEDC.
Commissioner Kopp withdrew the substitute motion.
Chairman Greer called for a vote on the original motion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 248
Vote:
The Board voted unanimously to re-join the Southeastern Economic Development Commission.
CONSIDERATION OF LAW ENFORCEMENT CENTER PROPERTY
Chairman Greer reported that he has received a letter from Dr. Michael G. Queen, Pastor of the First Baptist
Church requesting the County to notify the Church of its intentions regarding the August 2003 contract to purchase the
Law Enforcement Center. The Church maintains that it has a valid contract with the County to purchase the LEC even
though the County did not sign the written purchase agreement. The Church is requesting the County to finalize the
paperwork and allow them to begin their due diligence.
Vice-Chairman Caster reported that the City of Wilmington has stated that they are not interested in the
purchase of the LEC for the police station.
Chairman Greer stated that the question before the Board is whether the Church has a valid contract to purchase
the LEC. He explained that the Church approached the County with a purchase offer, negotiations were completed, and
the Board voted three to two in their regular meeting of August 18, 2003, to approve the purchase. The paperwork was
prepared, the contract was delivered to the County along with the proper deposit of money but the contract was never
signed.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to go forward with the original purchase
agreement with the First Baptist Church of Wilmington to purchase the Law Enforcement Center and begin the 150 day
due diligence process as of today’s date.
Chairman Greer asked for discussion from the Board.
Commissioner Pritchett stated that she objected to the purchase because the process was flawed due to no public
input on the sale of a piece of County property.
Commissioner Davis stated that he was chairman when the process took place. He voiced his concerns in a
review of events and stated that he respectfully disagrees that there is a valid binding agreement in place between the
County and First Baptist Church because the upset bid process was flawed. He suggested that the slate be wiped clean
and the process begun again.
Commissioner Kopp stated that in his opinion the vote that was taken in August 2003, and the subsequent
actions of the Board were a result of the Church’s proposed use of the property and not so much the sale of the property.
He requested Dr. Michael Queen, Pastor of First Baptist Church of Wilmington, to explain what the intended use of the
building is.
Dr. Queen stated that the Church continues with the plan to use the 150 days of due diligence to evaluate the
building, evaluate finances, and evaluate potential partners. Preliminary possibilities for use of the building include a
ministry center including housing for people with developmental disabilities, office space for non-profit organizations
and additional growth space for the church. The need for homeless housing has been satisfied by the Good Shepherd
Ministries. Any use of the building would have to be approved by the City of Wilmington and fit the constraints of their
policies.
Commissioner Kopp clarified with County Manager O’Neal that the Sheriff’s Office is currently occupying
space in the LEC until mid-March when their new facility is completed at the Jail. The 911 Center will be occupying
LEC space until October 2005 when their new facility is completed at Market Place Mall. After those moves, only the
Sheriff’s ID Unit will occupy space in the LEC. They are a staff of four and could potentially be relocated either to the
third floor of the Bellsouth building or at the jail facility.
Commissioner Kopp asked County Attorney Wanda Copley if it is the Legal Department’s opinion that the First
Baptist Church of Wilmington has a legal binding contract to purchase the LEC with the County.
County Attorney Copley stated that it is the Legal Department’s opinion that the First Baptist Church of
Wilmington does have a binding contract with the County to purchase the LEC. The flaw contained in the upset bid
process was not a legal flaw, and since no other bids were received it is the Legal Department’s position that the Church
did have a valid contract. In the state of North Carolina, it is a requirement that a contract be signed. As Commissioner
Davis explained, he was Chairman in August 2003, and due to the controversy he did not sign the contract. When a
Board of five votes, the action that is taken by the majority rules, three of the five commissioners voted to enter into
contract with the Church. The contract would need to be signed but that is an administrative action. In a subsequent
vote, the Board voted to take the property off the market. It would then be up to the church to sue the County for specific
enforcement and the court would have to make that determination.
Chairman Greer read from a transcript of the August 18, 2003 meeting, which referenced a statement by
Commissioner Davis stating that as Chairman he would sign the contract without hesitation as directed by the Board’s
vote. He continued, noting that on August 19, 2003 the church prepared and signed the contract, delivered it to the
County, and the County did not sign the contract.
Commissioner Davis responded that those statements had been made before the upset bid process was flawed.
Hearing no further comments, Chairman Greer called for a vote.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 249
Vote:
The MOTION CARRIED THREE TO TWO. Chairman Greer, Vice-Chairman Caster, and Commissioner Kopp
voted in favor.
BREAK:
Chairman Greer called for a break at 10:37 a.m. until 10:55 a.m.
CONSIDERATION OF 800 MHZ RADIO SYSTEM DRAFT DESIGN RECOMMENDATIONS
Emergency Management Director Warren Lee reported that on January 10, 2005, the New Hanover County
Board of Commissioners awarded a contract to Federal Engineering, Inc. to provide a full independent assessment of
the County's 800 MHz radio system and make recommendations for improvements. The contract is based on the Board's
desire to have improvements to the radio system completed by December 31, 2005.
Director Lee requested John Murray, Senior Vice-President of Federal Engineering, Inc. to provide the Board
with his firm’s study findings and recommendations.
Mr. Murray reported that the program scope and goal was to address three issues with the following findings:
Identification of potential solutions for coverage problems
!
•Generally coverage is good across the County, with notable exceptions
•Most improvement needed in southern beach communities, and northern communities near Castle
Hayne
•Antenna operation may be impaired, causing degraded coverage north and east
•Recommendations included remount one transmit antenna from north leg to south leg at Flemington
tower site and proceed with procurement of simulcast 800 MHz base station at Charter
Communications Tower in Carolina Beach with equipment and software upgrade at Flemington tower
site.
Analysis of capacity requirements
!
•Overall, the system is being managed well
•Generally no “busy” conditions were reported during normal operation
•System traffic data showed no system busy conditions
•Stakeholder interviews did surface a problem with busy channel conditions, and lack of “busy”
queuing (with busy tones)
•Currently using fourteen channels, with eleven more available until January 2006
•Current number of channels is adequate for reasonable growth
•Continue to analyze system load to identify any unusual growth or use trends
•Future opportunities may exist to expand to radio channels in 700 MHz band
•Also could consider splitting existing channels with narrowband capabilities with Project 25 system
platform
Propose a migration path to APCO Project 25
!
•Current system is Motorola SMARTNET II analog 800 MHz trunking
•Some equipment, including controller, has been manufacturer-discontinued
•Motorola will discontinue support for SMARTNET II controllers in calendar year 2009
•Other hardware and software components within SMARTNET analog product line may be
discontinued in the near future
•Age of exiting technology allows very limited alternatives and will most likely involve major
hardware and software changes
•Upgrade to older SMARTNET II simulcast system now will still require the higher cost upgrade later
to Project 25
•Migrate base stations first, which allows for dual mode operation
•Replace mobile and portable radios at the County convenience as budget permits (all existing
Motorola 800 MHz radios will work on an upgraded or new Motorola Project 25 radio system)
•Develop detailed plan for which agencies move first
•Some analog channels may be discontinued after all subscriber radios have been replaced
Director Lee thanked Mr. Murray for the presentation and requested that Staff be allowed time to review the
study’s findings and recommendations and bring a proposal to the Board at their March 14, 2005 meeting.
CONSIDERATION OF EXPANSION OF SERVICE CAPABILITY FOR PRE-TRIAL RELEASE PROGRAM
Assistant County Manager Pat Melvin reported that Electronic Monitoring and video first appearances are two
of the tools being employed to reduce the jail inmate population in New Hanover County. The County's Pre-Trial
Release staff plays an integral role in both processes.
The workloads of the two Pre-Trial Release Coordinators who manage and carry out these duties have almost
doubled making it difficult to address case management and video first appearance issues efficiently. To enhance overall
effectiveness and efficiency, expanded service capability is needed which can be accomplished via expansion of the
contract with Reliant Management, hiring of additional personnel, and purchase of office equipment, none of which was
anticipated in the FY 04-05 budget.
The expansion of the electronic monitoring contract with Reliant Management Group will allow Reliant to cover
the cost of additional case management services being provided for Pre-Trial Release. The cost of this expansion is
$1,060 per month. Two additional staff (Pre-Trial Release Coordinators) is being requested at $34,466 - $52,858
annually per person plus benefits, only one staff person will be needed if the contract with Reliant is expanded. Office
equipment, including a computer, printer, and fax/copier machine will cost approximately $2,400.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 250
Option 1: Consider approval of request to expand the contract with Reliant Management Group through June 30, 2004;
hire one Pre-Trial Coordinator at a cost of $8,978.49 (including benefits) through June 30, 2004; approve purchase of
necessary office equipment; approve associated budget amendment and authorize the County Manager to execute the
amended contract with Reliant Management Group.
Option 2: Approve request to expand the contract with Reliant Management Group through June 30, 2004; approve
purchase of office equipment; approve associated budget amendment; authorize the County Manager to execute the
amended contract with Reliant Management Group; consider approval of additional staff as part of the FY 05-06 budget
process.
Assistant County Manager Melvin requested that Pre-Trial Coordinator, Dottie Thomas, report on the increase
in their department’s workload.
Ms. Thomas stated that she is one of two employees working in the position of Pre-Trial Coordinator and has
been in that position for the past eight years. She reported on the significant increase in the workload. When the original
contract with Reliant Management Group was signed, fifty electronic cases per month were expected; that number has
grown to an average of 178 cases per month with no increase in staff.
Sheriff Sid Causey stated that the Sheriff’s Office would take care of the purchase of the necessary office
equipment through the use of forfeited property funds.
After brief discussion, Chairman Greer asked for direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request to expand the
contract with Reliant Management Group through June 30, 2004; approve associated budget amendment; authorize the
County Manager to execute the amended contract with Reliant Management Group; and consider approval of additional
staff as part of the FY 05-06 budget process. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #05-0147 – Contingency/Courts
AdjustmentDebitCredit
Contingency:
Contingencies$4,240
Courts:
Electronic Monitoring$4,240
Explanation: To transfer funds from Contingency to increase electronic monitoring contract for March-June
2005.
CONSIDERATION OF OPTION WITH MARKET PLACE MALL PURCHASE
Finance Director Bruce Shell reported that the County purchased the Corning facility at Market Place Mall in
August 2002. In January of 2003 the County purchased additional space occupied by Corning completing a customer
service center serving the construction community as well as providing space for the Tax Department and the Board of
Elections. The County is currently building an Emergency Operations Center - 911 Facility at Market Place Mall. Upon
completion of this facility in September 2005, the County will house 238 employees in one centrally located facility
designed to serve the public more efficiently.
Related to the prior purchase, the County has an option to purchase additional space (48,481 square feet) at
Market Place Mall. This $4.2 million option will enable the County to place administrative offices in one centrally
located space as well as purchase income producing property that allows for future space needs as the County grows.
Available at this facility are over eight hundred parking spaces. This option expires on March 20, 2005. Staff
recommends that the Board authorize the County Manager to negotiate the purchase of this option. Approval of the
buy/sell agreement and associated budget amendments will be presented for approval at the March 14, 2005 meeting.
Commissioner Pritchett clarified with Senior Planner Max Maxwell that the County would continue to own and
use the historic courthouse.
Commissioner Pritchett stated that since the Board’s vote to release the Law Enforcement Center, she felt that
the County needed to acquire this vacant space while it is available and determine the usage at a later date.
Vice-Chairman Caster clarified with Finance Director Shell that the County is within legal boundaries in
purchasing the property and leasing out space. The County is not buying the property for investment but the purchase
is for potential future growth. He stated that he is in favor of the purchase and continuing the one-stop-shopping concept.
Leaving the downtown area is not the issue it once was due to the number of companies that are relocating to downtown.
Also, if the County opens a public defender’s office, the administration building would be a good location for them.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize the County Manager
to negotiate the purchase of the Market Place Mall with the usage to be determined at a later date.
Chairman Greer stated that while he approved of the one-stop-shopping concept and did not want to lose the
purchase option, he had concerns about not having a downtown presence.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 251
Commissioner Davis stated that he felt the County should keep a presence downtown.
After brief discussion, Chairman Greer called for a vote from the Board.
Vote
: The MOTION CARRIED THREE TO TWO. Vice-Chairman Caster, Commissioner Kopp and Commissioner
Pritchett voted in favor.
CONSIDERATION OF REQUEST FOR TAX REFUND BY WILLIAM FREEMAN
Tax Administrator Bob Glasgow reported that William Freeman has requested a refund from the County for
the taxes he paid on a tract he bought in a 1973 tax foreclosure. Mr. Freeman's refund request is for the amount of
$3,555.37 for the years 1973 - 1998. He recently learned through notification by Land Records that the land in question
was Federal property and as such he obtained no title through the foreclosure sale. The tax department has paid a refund
for the five years (1999 - 2003) as authorized by the Machinery Act. Mr. Freeman currently has seventeen delinquent
accounts totaling $5,130.40.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the tax refund request
by William Freeman in the amount of $3,555.37 with this amount to be applied to Mr. William’s delinquent accounts.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
LUNCH BREAK
: Chairman Greer called for a lunch break at 12:50 p.m. until 1:37 p.m.
CONSIDERATION OF 2005 ISSUE OF SCHOOL AND COMMUNITY COLLEGE BONDS
Chairman Greer announced that before the Board were two Bond Orders authorizing the issuance of
$123,000,000 School Bonds and $27,000,000 Community College Bonds of the County of New Hanover and asked the
Board for a motion to introduce the Bond Orders.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to introduce the Bond Orders. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer read the Bond Orders into the record.
Chairman Greer stated that the Board is now asked to consider for approval the resolution providing for public
hearings on the bond orders, publication of each bond order with a notice of such hearing and directing the Finance
Officer to file a statement of debt with the Clerk of the Board of Commissioners.
Chairman Greer read the resolution into the record and asked for direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp to adopt the resolution providing for
public hearings on the bond orders, publication of each bond order with a notice of such hearing and directing the
Finance Officer to file a statement of debt with the Clerk of the Board of Commissioners. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer stated that the Board is also asked to consider for approval a resolution authorizing absentee
voting on the issuance of the bonds, authorizing and directing the Clerk to the Board of County Commissioners to
publish the notice of availability of absentee ballots and requesting the Board of Elections to prepare and distribute the
absentee ballots.
Chairman Greer read the resolution into the record and asked for direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution authorizing
absentee voting on the issuance of the bonds, authorizing and directing the Clerk to the Board of County Commissioners
to publish the notice of availability of absentee ballots and requesting the Board of Elections to prepare and distribute
the absentee ballots. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book
XXIX, Page 16.4.
CONSIDERATION OF SCHEDULING BOARD OF EQUALIZATION AND REVIEWMEETING FOR APRIL
18, 2005
County Manager O’Neal advised that since the Board of County Commissioners sits as the Board of
Equalization and Review (BE&R) to carry out the duties outlined in NCGS 105-322 pertaining to appeals of value, a
meeting has to be scheduled no earlier than the first Monday in April and no later than the first Monday in May. The
BE&R must convene to hear taxpayers who appeal the value of their property or appeal with respect to the listing and
appraisal of property of others.
The consensus of the Board isto schedule the first meeting of the Board of Equalization and Review on April
18, 2005, at 1:00 p.m. in the Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street,
Wilmington, N. C.
COMMITTEE APPOINTMENTS
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30
REGULAR MEETING, FEBRUARY 21, 2005 PAGE 252
Appointments to the Bicycle Advisory Committee
Chairman Greer announced that one un-expired vacancy needed to be filled on the Bicycle Advisory
Committee. He reported that three applications were received and requested nominations from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Shawn Spencer to serve
an un-expired term on the Bicycle Advisory Committee with the term to expire on May 31, 2007. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Appointments to the Watershed Management Advisory Board
Chairman Greer announced that four vacancies needed to be filled on the Watershed Management Advisory
Board. He reported that seven applications were received and requested nominations from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Carlton Fisher, John R.
Jeffries, and Marian T. McPhaul to serve on the Watershed Management Advisory Board. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to appoint Brenda G. McDonald to
serve on the Watershed Management Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 2:00 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 2:19 p.m.
ADDITIONAL ITEMS
Non-Agenda Items
Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed
on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
Item Presented by County Manager O’Neal
County Manager O’Neal announced that as of March 14, 2005, the Water and Sewer Department would be
equipped to accept bank drafts for paying bills.
Items Presented by Vice-Chairman Caster
Vice-Chairman Caster reported that he attended the following meetings and events:
A meeting on the issue of parks with Mayor Spence Broadhurst and others, the Center for Innovation
Conference; the Chamber of Commerce Annual Meeting luncheon; the Lighting Ceremony at Airlie Gardens and the
Mayor’s Breakfast at First Baptist Church.
Items Presented by Commissioner Pritchett
Commissioner Pritchett reported that she had the opportunity to attend the reception for the new shipping line
at the Ports Authority. Due to the new depth of the river, the new shipping line can be accommodated.
Commissioner Pritchett reported that she had the opportunity to speak to the Sierra Club on the subject of solid
waste issues.
Commissioner Pritchett reminded the Commissioners of the luncheon honoring the Marshall Fellows to be held
on Monday, February 28 at noon on the Sunporch.
Commissioner Pritchett reminded Staff that she has requested a recycling container be provided for the
Commissioners to use during Board meetings.
ADJOURNMENT
There being no further business, Chairman Greer adjourned the meeting at 2:26 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board