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2004-02-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 915 CONTINUED MEETING, FEBRUARY 25, 2004 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 16, 2004, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Human Relations Carl Byrd, Sr. gave the invocation. Commissioner Caster 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. Hearing no comments, Chairman Greer called for a motion to approve the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve all 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 Regular Meeting held on January 20, 2004 and the Budget Work Session of January 15, 2004. Appointment of Bruce Kirk to the Port, Waterway, and Beach Commission The Commissioners appointed Bruce Kirk to serve a three year term on the Port, Waterway, and Beach Commission as a Terminal and Industry representative. His term will expire February 28, 2007. Appointment of Ronnie W. Pernell to the Tourism Development Authority in the Category of a Kure Beach Hotel Owner The Commissioners appointed Ronnie W. Pernell to an unexpired term on the Tourism Development Authority as a representative of a Kure Beach hotel owner. His term will expire December 31, 2004. Appointment of Nick Garrett to the Tidal Creek Watershed Management Advisory Board The Commissioners appointed Nick Garrett to serve on the Tidal Creek Watershed Management Advisory Board. Chuck Walkild recently resigned from the Board as a representative from the N. C. Clean Water Management Trust Fund and Governor Easley appointed Mr. Garrett to fill the vacancy. Adoption of the 2004-2005 Programmatic Goals The Commissioners adopted the 2004-2005 Programmatic Goals as presented by the Budget Director. The goals are to serve as a guide in the development of the budget as recommended by the Government Finance Officers Association and the National Advisory on State and Local Budgeting. Acceptance of Report of New Hanover County Schools Budget Amendment #6 The Commissioners accepted a report from New Hanover County Schools on an amendment to the Capital Outlay Budget. Budget Amendment #6 is an increase of $1,910,577 for school bus leases as funded by the State Department of Public Instructions. Acceptance of NC Division of Coastal Management and Water Quality Grant for Sedimentation and Erosion Control and Approval of Budget Amendment 04-0151 The Commissioners accepted a grant of $17,400 from NC Division of Coastal Management and Water Quality for a non-point source pollution control project. The project will provide additional support for the enforcement of the New Hanover County Sedimentation and Erosion Control Program. Associated Budget Amendment 04-0151 was approved as follows: Budget Amendment # 04-0051 - Engineering Adjustment Debit Credit NC Division of Coastal Mgmt $17,400 Temporary Salaries $12,672 Departmental Supplies $ 596 Employee Reimbursements $ 1,732 Training & Travel $ 1,000 Capital Outlay - Equipment $ 1,400 Explanation: To budget NC Division of Coastal Management and Water Quality grant NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 916 CONTINUED MEETING, FEBRUARY 25, 2004 Acceptance of State WIC Funds and Approval of Budget Amendment 04-0146 The Commissioners accepted additional funds of $30,908 from the State WIC Program. The funds will be used to support WIC activities (Client Services, Nutrition Education, General Administration, and Breast-feeding). Additional temporary staff and contracted services will allow staff to catch up on the backlog of WIC appointments and to assist in the transition to the open clinic scheduling plan. The existing 60-day waiting period for a WIC appointment will be reduced. Some of the funds are to be used to encourage breast-feeding and to make training available for staff to attend the NC Lactation Educator Training. Associated Budget Amendment 04-0146 was approved as follows: Budget Amendment # 04-0046 - Health/Women, Infants and Children (WIC) 5141 Adjustment Debit Credit WIC Health Grant $30,908 Temporary Salary $24,195 Contracted Services $ 5,040 Training and Travel $ 1,673 Explanation: To budget additional funding from the State WIC Program. Acceptance of Immunization State Grant for Health Department and Approval of Budget Amendment 04-0145 The Commissioners accepted grant funds of $2,259 from the State Immunization Program for the clinic at the Health Department. The Aid-to-County funds will be used to purchase new refrigeration equipment for vaccine storage and handling. Associated Budget Amendment 04-0145 was approved as follows: Budget Amendment # 04-0045 - Health/Epidemiology (5151) Adjustment Debit Credit Immunization Plan-State Grant $2,259 Capital Outlay - Equipment $2,259 Explanation: To budget additional grant funds to be used to purchase new refrigeration equipment for vaccine storage and handling. Approval of Amendments to the Health Department’s Fee Policy The Commissioners approved amendments to the Health Department’s Fee Policy. Adjustments to the General Guidelines Section of the Fee Policy include: (1) deletion of all references to the Jail Medical Health Program, and (2) implementation of changes as they relate to services provided within the Personal Health Services Division. Approval of Reclassification of Positions in the Health Department The Commissioners approved reclassification of five positions in the Health Department due to recent changes in the organizational structure. The effective date of the reclassifications is January 20, 2004. The total cost of the changes is $22,355 per year. Current PositionsNew Positions Public Health Division Manager – MG07Nutrition Services Supervisor – PT09 Public Health Division Manager – MG07Personal Health Services Manager – MG09 Public Health Division Manager – MG07Animal Control Services Manager – MG07 Public Health Division Manager – MG07 Environmental Health Services Manager – MG07 Senior Health Educator – PT04 Health Education Supervisor – PT07 Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ Basic Equipment Grant for the County Library The Commissioners approved the application to the State Library for a Library Services and Technology Act (LSTA) EZ Basic Equipment Grant in the amount of $25,000. The grant would allow the replacement of 27 computers used to access the Library's on-line catalog. A $7,702 local match is required and would come from the Library's operating budget. Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ Planning Grant for the County Library The Commissioners approved the application to the State Library for a Library Services and Technology Act (LSTA) Planning Grant in the amount of $15,000. The grant would allow the Library to hire a consultant to assist in the development of a long-range strategic plan. The plan will address library services for the next five to seven years based on significant input from the public, and it will include the estimated costs of the proposed services. No County match is required. Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) Internet Infrastructure Improvement Grant for the County Library The Commissioners approved the application to the State Library for a Library Services and Technology Act (LSTA) Internet Infrastructure Improvement Grant in the amount of $22,314. The grant would provide a mobile wireless computer lab for the Myrtle Grove Library that could be used to instruct staff and the public on electronic resources on the Internet. A $5,570 local match is required which will come from the Library's operating budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 917 CONTINUED MEETING, FEBRUARY 25, 2004 Approval of Grant Application to the State Library for a Library Services and Technology Act (LSTA) EZ Library Marketing Grant for the County Library The Commissioners approved the application to the State Library for a Library Services and Technology Act (LSTA) Internet Infrastructure Improvement Grant in the amount of $47,787. The grant would be used to provide increased training for Library staff in customer services, library resources, and technology. The grant requires a 10% match, which will come from the Library's operating budget. Approval of Budget Amendment 2004-34 for Airlie Gardens Capital Project The Commissioners approved the following Budget Amendment: Budget Amendment 2004-34 for Airlie Gardens Capital Project Adjustment Debit Credit Interest on Investments $84,123 Installment Loan Proceeds $369,782 Transfer in from Tidal Creeks $250,000 Capital Project Expense $ 35,659 Explanation: To budget interest earned on the project; to budget transfer in from Tidal Creeks project for Citizens' Education performed by Airlie staff; and to adjust COPS budget to actual amount of proceeds. Approval of Budget Amendment 2004-36 to Close Out Judicial Building Capital Project The Commissioners approved the following Budget Amendment: Budget Amendment #2004-36 Judicial Bldg./Non-Dept./Commissioners Adjustment Debit Credit Judicial Bldg. Capital Project: Installment Loan Proceeds $383,000 Sales Tax Refund $ 95,800 Interest on Investments $285,139 Transfer in from Gen. Fund $ 75,000 Capital Project Expense $ 72,939 Transfer to Capital Projects: Transfer to Capital Projects $ 75,000 General Fund/Fund Balance: Appropriate Fund Balance $75,000 Explanation: To adjust Judicial Building budget to actual amount of revenues; to budget transfer from General Fund to complete the project. Approval of Budget Amendment 2004-37 Library Renovation/EOC-911-Golds-Tower-CAB-Jbldg-Library Basement The Commissioners approved the following Budget Amendment: Budget Amendment #2004-37 Library Renovation/EOC-911-Golds-Tower-CAB-Jbldg-Library Basement Adjustment Debit Credit Library Renovations: Capital Project Expense $95,000 Transfer to Capital Projects $95,000 EOC/911/CAB/Golds/Jbldg/Lib. Basement: Transfer in from Library project $95,000 Capital Project Expense $95,000 Explanation: To establish budget for installing a fire sprinkler system in the Library Basement. Funds are being transferred from the older Library project to a new project, so the older project can be closed. Approval of Advertisement of Tax Liens on Real Property for Delinquent 2003 Real Estate Accounts The Commissioners approved advertisement of tax liens on Real Property for all delinquent 2003 Real Estate Accounts not paid by 5:00 p.m. on March 22, 2004. The ad is to be published in the Wilmington Morning Star on March 31, 2004. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports through January 31, 2004 The Commissioners accepted the following Tax Collection Reports through January 31, 2004, as submitted by the Collector of Revenue: New Hanover CountyNew Hanover County Fire District NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 918 CONTINUED MEETING, FEBRUARY 25, 2004 Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 24.5. Approval for Release of Taxes Barred by N.C.G.S. 105-378 The Commissioners approved the release of 1993 taxes barred by N. C. General Statute 105-378, which does not allow forced collection of taxes after ten years from the due date: New Hanover County $ 68,629.76 Fire District 1,293.66 City of Wilmington 28,577.51 City of Wilmington License Tax 5,828.62 Wrightsville Beach 1,097.09 Carolina Beach 2,821.73 Kure Beach 192.14 Total$108,440.51 Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following applicants: Crawford, Elizabeth $34,749 Logan, Catherine $20,000 Approval of Budget Amendment 04-0142 - Social Services, Federal Adoption Services The Commissioners approved the following Budget Amendment: Budget Amendment 04-0142 - Social Services/Federal Adoption Services Adjustment Debit Credit Federal Adoption Incentives $29,736 Federal Adoption Services $29,736 Explanation: To budget additional federal dollars awarded to New Hanover County as a result of the County's successful adoption efforts. The federal dollars must be spent to further the County's adoption efforts. Approval of Budget Amendment 04-0142Sheriff’s Office/Safe Summer Program - The Commissioners approved the following Budget Amendment: Budget Amendment 04-0142 - Sheriff’s Office/Safe Summer Program Adjustment Debit Credit Other $1,650 Safe Summer Program $1,650 Explanation: To budget contributions for the Safe Summer Program. Approval of Budget Amendment 04-0149 - Planning/State CAMA Grant The Commissioners approved the following Budget Amendment: Budget Amendment 04-0149 - Planning/State CAMA Grant Adjustment Debit Credit State CAMA Grant $30,000 Contracted Services $16,000 Postage Expense $ 500 Departmental Supplies $ 2,500 Printing Charges $ 3,500 Temporary Salaries $ 7,500 Explanation: To budget State CAMA (Coastal Area Management Act) funds to assist in funding of required Land Use Plan Update. Grant application was approved by the Commissioners on 04/21/2003. Approval of Budget Amendment 2004-32 Sheriff’s Office/Controlled Substance Tax The Commissioners approved the following Budget Amendment: Budget Amendment 2004-32 Sheriff’s Office/Controlled Substance Tax Adjustment Debit Credit Controlled Substance Tax $8,479 Capital Project Expense $8,479 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 919 CONTINUED MEETING, FEBRUARY 25, 2004 Explanation: To budget additional revenue received January 21, 2004. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Approval of Budget Amendment 2004-33 Sheriff’s Office/Federal Forfeited Property The Commissioners approved the following Budget Amendment: Budget Amendment 2004-33 Sheriff’s Office/ Federal Forfeited Property Adjustment Debit Credit Federally Forfeited Property $9,394 Capital Project Expense $9,394 Explanation: To budget increased revenue received on January 13, 2004. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. REGULAR ITEMS OF BUSINESS PRESENTATION OF W. A. COBB, SR. PORTRAIT BY THE BAR ASSOCIATION District Court Judge John W. Smith, on behalf of the New Hanover County Bar Association, presented a portrait of W. A. Cobb, Sr., former District Attorney. The portrait, given to the people of New Hanover County, will be displayed in the William Allen Cobb Judicial Building Annex. Judge Smith expressed appreciation for the new building in accommodating the needs of the courts as well as being an extraordinary addition to the public architecture of the community. He said it was most appropriate that the building was named for one of Wilmington’s finest citizens. Mr. Cobb served as District Attorney from the creation of the new court system in 1967 until his retirement in 1983. Chairman Greer expressed appreciation to Judge Smith and the Bar Association for the fine work of art given to the County and for all the distinguished guests present to honor Mr. Cobb’s legacy. Superior Court Judge W. Allen Cobb, Jr. expressed appreciation to the New Hanover County Bar Association for commissioning the portrait and to the County for honoring his father in naming the building after him. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Five Year Jason Vaugh - Sheriff's Office Debra D. Wilson - Inspections Department Debra M. Pearsall - Department of Social Services Charles L. Whitehurst - Department of Social Services Ten Year Jane L. McDevitt - Inspections Department Twenty Year Annette Crumpton - Department of Aging On behalf of the Board, Chairman Greer presented service awards to each County employee and expressed appreciation to them for their years of dedicated service. A round of applause was given to these employees. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Margaret McGrath - Health Department Angelina Bernard - Department of Social Services Rodney Cordell - Department of Social Services Lanna Rhodes - Department of Social Services Veronica Edge - Department of Social Services Monica Frink - Department of Social Services Melissa Lyde - Department of Social Services On behalf of the Board, Chairman Greer welcomed these new employees to County government and wished them success in their new positions. PUBLIC HEARING FOR THE REFUNDING OF $57,000,000 GENERAL OBLIGATION BONDS AND CONSIDERATION OF A BOND ORDER AUTHORIZING THE SALE County Attorney Copley stated that the bond order entitled, “Bond Order Authorizing the Issuance of $57,000,000 General Obligation Refunding Bonds of the County of New Hanover,” which had been introduced on February 2, 2004, was published on February 5, 2004, with notice that the Board would hold a public hearing thereon on February 16, 2004, at 9:00 a.m. She reported that the County’s Finance Officer did file in the Clerk’s Office a statement of debt complying with the provisions of the Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be 2.06% of the assessed valuation of property in the County subject to taxation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 920 CONTINUED MEETING, FEBRUARY 25, 2004 Chairman Greer called for a motion to proceed to hold a public hearing on the refunding bond order. Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to proceed to hold a public hearing on the refunding bond order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the public hearing for the purpose of hearing anyone who wished to be heard on the questions of the validity of the refunding bond order and the advisability of issuing the refunding bonds. He asked the County Attorney to read the refunding bond order by title and the notice of hearing published in the paper. County Attorney Copley read the bond order and notice published in the paper. Chairman Greer asked if anyone in the audience would like to be heard on the matter. There being no comments from the public, Chairman Greer called for a motion to close the public hearing. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer called for a motion that the refunding bond order be amended to change the designation of the “School Bonds, Series 2000,” referred to therein to “Public Improvement Bonds, Series 2000" and the reference to “Outstanding School Bonds” be changed to “Outstanding Public Improvement Bonds, Series 2000.” Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, that the refunding bond order be amended to change the designation of the “School Bonds, Series 2000,” referred to therein to “Public Improvement Bonds, Series 2000" and the reference to “Outstanding School Bonds” be changed to “Outstanding Public Improvement Bonds, Series 2000.” Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer called for a motion to adopt with the foregoing amendment, and direct the Deputy Clerk to the Board of Commissioners to publish as prescribed by the Local Government Bond Act the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $57,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,” introduced at the meeting of the Board of Commissioners held on February 2, 2004. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt with the foregoing amendment, and direct the Deputy Clerk to the Board of Commissioners to publish as prescribed by the Local Government Bond Act the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $57,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,” introduced at the meeting of the Board of Commissioners held on February 2, 2004. 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 XXVIII, Page 24.6. CONSIDERATION OF RESOLUTION ENCOURAGING COUNTY DEPARTMENTS, BOARDS, AGENCIES AND COMMITTEES TO UTILIZE THE SERVICES OF LOCAL PROFESSIONALS AND BUSINESSES Chairman Greer stated that on March 25, 1991, the Board adopted a resolution encouraging New Hanover County government and any entity connected to the County to do business with local businesses in an effort to keep the dollars in New Hanover County. He read the resolution into the record and requested a motion for adoption. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis pointed out that as a Commissioner he has always tried to hire local business whenever possible for any County contract since these businesses and their employees pay taxes to New Hanover County. Chairman Greer stated that although the previous resolution remains in effect, current action will ensure that all County offices are aware of the Board’s desire for this to occur when possible. County Manager O’Neal announced that he would provide copies of the resolution at the next meeting with department heads. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 24.7. PRESENTATION BY PORT, WATERWAY, AND BEACH COMMISSION ON WHETHER TO ESTABLISH A NO WAKE ZONE AT SNOW’S CUT AND DISCUSSION OF RETAINING A LOBBYIST FOR THE PROCUREMENT OF BEACH RENOURISHMENT FUNDING Mr. Rick Catlin, Chairman of the Port, Waterway, and Beach Commission (PWBC), presented an update to the Board on pending issues concerning a No Wake Zone for the Snow's Cut area and whether the County should enter into a contract with Howard Marlowe and Company for beach renourishment projects. Mr. Catlin reported that two members of the PWBC had explored whether the Corps of Engineers and CAMA would be supportive of the County proceeding to get a No Wake Zone for the Snow’s Cut area. Although no formal response was given, those contacted said it would be difficult to get the approval. Instead of proceeding in that effort, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 921 CONTINUED MEETING, FEBRUARY 25, 2004 the PWBC would rather focus on helping the Corps get funding for the bank stabilization project. Regardless, the Board may choose to formally apply to the State for the No Wake Zone. Mr. Catlin said that Carolina Beach had hired Marlowe and Company to begin the process of re-authorization of its Project Cooperation Agreement which expires in 2014. At the January 20, 2004 meeting, the Commissioners approved a reimbursement to the Town of Carolina Beach for payment of the Marlowe contract from the Room Occupancy Tax (ROT) Funds. At that meeting, the Board asked the PWBC whether the County should have a county- wide contract with the Washington lobbyist. After an evaluation of the ROT Funds, the PWBC felt that the contract should not be expanded at this time. One reason for the decision was that the beach towns do not have any funding requirements for the next fiscal year. Secondly, the business model shows that the County may be able to absorb the costs of projects after the expiration of Carolina Beach’s Project Cooperation Agreement. In discussion of the business model projections, Mr. Catlin explained that the County should have sufficient ROT funding for beach projects based on the cost estimates provided by the Corps of Engineers. These projections assume: 1) all existing federal and state cost sharing agreements for all of the beaches are honored until their expiration; 2) the existing ROT allocation percentages do not decrease; 3) the residual fund balance is allowed to continue to grow without diversion to other uses; and 4) no catastrophic events, either natural or economic, should occur. However, a recent federal policy said that they will not honor any existing agreements to provide funding for beach renourishment projects. Another business model was done to see what would happen if the federal government discontinues support for these projects, and they found that the County would run out of funds in 20 years. To plan for self reliance in the future, the County will need its federal partners to honor their commitments. The PWBC will be visiting Washington in two weeks to lobby against the new federal policy on funding. Although the nation and state benefit from the economic impact of the beaches, the County may need to assume a larger role starting in 2014. By showing its business plan, the PWBC hopes to convince the Office of Management and Budget to change its policy and to continue funding the beach projects. Mr. Catlin said that the County Finance Director helped the PWBC in preparing the business model projections. He requested the Board to appoint the Finance Director as a permanent member of the Commission with the intended purpose of updating the business model on an annual basis or as needed. Mr. Shell is willing to serve as a member. In further discussion of extending the Marlowe contract, Mr. Catlin said that the PWBC did not recommend spending thousands or hundreds of thousands of dollars for a lobbyist when the funding may not be available. He suggested that the Board may want to wait another year before making that decision. In the meantime, support from Congressman McIntyre and our other representatives will continue to be important in Washington. The PWBC will give its support to other beach renourishment projects in the state and will watch to see what happens to their funding. Commissioner Davis expressed appreciation to Mr. Catlin for the time and effort spent in serving the taxpayers of the County. He MOVED to accept Mr. Catlin’s recommendation of not hiring a lobbyist and appointing the County Finance Director to the Port, Waterway and Beach Commission. The motion was SECONDED by Commissioner Pritchett. Chairman Greer asked as a point of order whether a motion was needed when the Board did not authorize the PWBC to enter into a contract. County Attorney Copley responded that no action was needed since the PWBC is not recommending approval of a contract. Mr. Catlin responded that Marlowe and Company had submitted a proposal to the PWBC, but he did not recommend accepting the proposal at this time. MOTION : Commissioner Davis MOVED, SECONDED by Commissioner Caster, to appoint the County Finance Director as a member of the Port, Waterway, and Beach Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster expressed appreciation to Mr. Catlin and the other members of the PWBC, who provide a unique service for the County with a small amount of funds. He said that support from Congressman McIntyre and Senator Dole will continue to be important in getting funding for the beach programs. He cautioned that waiting one year to hire a lobbyist may not make a difference, but the County may need help to get reauthorization for the project agreements or funding for a study of Snow’s Cut. Chairman Greer reiterated that it will be important for the County to lobby its federal legislators to make sure that the federal match continues and that the County beaches continue to be renourished. Mr. Catlin agreed saying that the State’s contribution is also a significant part of the funding for the beach projects and it is important that they continue to be dependable partners. Chairman Greer thanked Mr. Catlin for the updated information. CONSIDERATION OF RESOLUTION TO WAIVE THE COUNTY NOISE ORDINANCE TO EXPEDITE COMPLETION OF THE NCDOT MILITARY CUTOFF ROAD PROJECT Deputy County Attorney Burpeau stated that NCDOT has requested the County noise ordinance be waived for the State and its contractors in order to expedite road work on Military Cutoff. Since public health and safety require the expeditious completion of the public roadway, he recommended the Board adopt the resolution, which establishes NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 922 CONTINUED MEETING, FEBRUARY 25, 2004 that work on the State highway will not constitute a public nuisance under the County Code. Neither the State nor its contractors would then be subject to citation for noise violations when working at night. NCDOT will include language in its construction contract to help limit noise. The State has indicated that the grading and construction contracts would have provisions to minimize the sound. Heavy blasting would occur during the day, but other work will need to be done at night. If the Board adopts the resolution, constructing a road under the proposed constrictions would not be a violation of the noise ordinance. Chairman Greer pointed out that based on the map provided by the Planning Staff, only a small portion of Military Cutoff is in the unincorporated area of the County and that the City of Wilmington will need to approve the night work for most of the road construction area. Deputy County Attorney Burpeau agreed saying that both government entities will need to be involved in the process. Chairman Greer read the resolution and called for a motion to adopt. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the resolution approving the waiver of the noise ordinance. Commissioner Davis asked whether residents and business owners along Military Cutoff Road have been notified that the Board is considering the variance. Deputy County Attorney Burpeau responded that he was unaware of any notification to those individuals. He assumed that NCDOT would contact people in the area. Commissioner Davis said he felt that the people living in the area and affected by the night construction should have an opportunity to voice their concerns. He did not want to vote on the issue until the residents have been notified of the request and have an opportunity to come before the Board with any concerns. Commissioner Pritchett agreed saying that people in the residential area should have an opportunity to speak unless the section that backs up to the residential area is excluded from the waiver of the noise ordinance. Chairman Greer pointed out that construction is mostly to the south and on the other side of the road from the residential area. Vote : Upon vote, the MOTION CARRIED 3 to 2. Commissioner Davis and Commissioner Pritchett voted in opposition. Commissioner Davis requested staff to notify the County residents and business owners on Military Cutoff Road of the waiver as soon as possible. Vice-Chairman Boseman said that the people living in the area will be more concerned about hearing when the road project will start and asked that they be notified also of the good news of the project starting soon. A copy of the Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 24.8. CONSIDERATION OF PROPOSED ROUTES FOR NCDOT THOROUGHFARE PROJECTS FOR MILITARY CUTOFF AND HAMPSTEAD BYPASS PROJECTS Senior Planner Baird Stewart stated that NCDOT is working on two feasibility studies for thoroughfare projects at Military Cutoff Road Extension and US Highway 17 Hampstead Bypass. The feasibility studies are part of the highway planning process to determine environmental concerns and the estimated costs of improvements. They have requested the Board to submit preliminary comments on proposed routes by February 16, 2004. He proposed that he would send the comments by e-mail and follow up with a formal letter from the Chairman. Planner Stewart explained that two alignments are proposed for the Military Cutoff Road Extension at Ogden Park. Alternative A would extend the road from its current location through Station Road in Dutch Square and north on the west side of Eaton Elementary School and Ogden Park. Alternative B would probably be a raised facility through a wetland area of the Park. Alternative C has an at-grade stop light on Market Street and has the same alignment as Alternative B except for a raised or grade separated overpass at Ogden Park Drive. The feasibility study will evaluate whether an at-grade intersection or a grade separation intersection will be needed and it will determine the best route for traffic movements at the intersection of Military Cutoff and Market Street. Both Alternatives A and B go through wetland areas in the Park, but Alternative A would have more impact on the School and Park facilities. Staff recommended Alternative B because it would have fewer impacts on the facilities in the park. Commissioner Pritchett expressed concern that the alignment of Alternative A would be too close to the elementary school. She did not think a major thoroughfare should be located close to a school for small children. Chairman Greer said that the Parks Advisory Board supported Alternative B because it would not disrupt structures already built in the park. He suggested that the Board support Alternative B with a grade separation at Market Street. Motion : Commissioner Caster MOVED to recommend Alternative B to NCDOT and submit comments from the Parks Department and Schools on the impacts of Alternative A on their facilities. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 923 CONTINUED MEETING, FEBRUARY 25, 2004 Commissioner Davis cautioned the Board in supporting a particular alignment when it would seem logical to wait until the feasibility studies are completed before submitting comments to NCDOT. As a result of the study, Alternative B may not be the best alignment for the County. Planner Stewart responded that NCDOT wants the County’s perspective on the three scenarios based on current facilities. Alternative C will have the least impact on the Park, but NCDOT will determine if it will be an at- grade or grade separated interchange. The County may want a grade separation at Ogden Park Drive. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to direct the Chairman to write a letter to NCDOT outlining the Board’s preferences for Alternative B with a grade separation at Ogden Park. Upon vote, the MOTION CARRIED UNANIMOUSLY. Planner Stewart stated that the Board is requested to consider an alignment to connect with the proposed Hampstead Bypass. Several alignments were shown, but the one that would be most beneficial to New Hanover County is an alignment of Point H to Point G. Point H is located near the Military Cutoff Extension and would provide a good route to connect with the bypass. This area has very limited access and new roads will be important in opening large parcels of land for residential and industrial development. He suggested that NCDOT should determine the alignment of the segment from Point G to the bypass. Commissioner Davis said the Board should wait to see the results of the feasibility study before supporting a specific recommendation, but the Board should express its interest in a connection of Point A to Point H Motion : Commissioner Davis MOVED, SECONDED by Chairman Greer, to support an alignment that connects Point A (Hampstead) to Point H (R-2405A) at the proposed interchange at the terminus of Military Cutoff Extension contingent upon the recommendations of the feasibility study. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Lanny Wilson, the local member of the N. C. Board of Transportation, said that the same map was approved by the Commissioners several years ago, but the corridor was not preserved. A feasibility study and revaluation of the area will need to be performed before the road can be scheduled. He encouraged the Board to support an alignment connecting Military Cutoff Road to the Bypass beginning at Point H. Mr. Wilson expressed appreciation to the Board for approving the waiver of the noise ordinance for the Military Cutoff Road construction project. The contract will be out for bid in March and having the waiver will give flexibility to contractors. He was optimistic that working at night would shave several months off the time to complete the project. FIRST READING OF SOLID WASTE FRANCHISE APPLICATION BY SUPERIOR WASTE SERVICES Assistant County Attorney Moore stated that Superior Waste Services, Inc., a new solid waste hauling company, has applied for the required County solid waste franchise. All the franchise requirements have been met and the information has been provided to the Legal Department. If approved by the Board, a second reading will be required per the State statute regarding franchises. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the franchise agreement with Superior Waste Services, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer announced that a second reading will be held at the next meeting on March 8, 2004. CONSIDERATION OF ORGANIZATIONAL CHANGES IN THE ENGINEERING DEPARTMENT AND WATER AND SEWER DISTRICT Chief Project Engineer Greg Thompson stated that in recognition of the continued growth of the community and utility infrastructure, the increased demands on the Engineering Department, the high cost of outside professional services, and a stated desire of the County to operate more efficiently, he proposed changes to the organizational structure of the Engineering Department. The new structure would include adding the positions of a Deputy County Engineer, Senior Project Manager, and an Engineering Technician by modifying two existing positions and creating one additional position. The proposed changes can be accommodated within the current salary structure if the position of Construction Project Coordinator remains unfilled at this time. The net result would create a savings in the departmental operating expenses and contracted services. The changes include: •Reclassify Engineering Manager (Pay Grade MG09) to Deputy County Engineer (Pay grade MG11). This position would continue to report directly to the County Engineer and be responsible for the operation of the department in the absence of the County Engineer. The position will focus on in-house design and management of water and sewer projects, water and sewer maintenance operations, and management of professional/technical engineering staff. Performing professional design, permitting, and construction management services by in-house staff will result in a savings in water and sewer project costs and increase the department’s level of service to the community. •Reclassify vacant Engineering Manager (Pay Grade MG09) to Senior Project Manager (Paygrade MG05). This position would not require a professional engineer’s license and would be responsible for the management of all capital projects for the County and for construction management services of water and sewer projects when necessary. At this time there is a lull in County capital projects, but high activity in water and sewer projects. •Add CAD Operator position (Pay Grade PT03) to perform in-house professional services and be responsible for assisting in the design and permitting of water and sewer projects by performing computer aided drafting (CAD), assisting the professional engineering staff with design work, and providing specialized inspections when necessary. •The Construction Projects Coordinator position would remain and would report to the Senior Project Manager. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 924 CONTINUED MEETING, FEBRUARY 25, 2004 Because of the need for separate actions by the Board of County Commissioners and the Water and Sewer District Board, Chief Project Engineer Thompson stated that the Water and Sewer District will need to authorize the creation of the Deputy County Engineer and Engineering Technician Positions. Commissioner Davis asked if money was in the Engineering Department’s budget to cover the changes in positions for this fiscal year and if next year’s budget will be increased due to the changes. He said he would not support increasing the size or costs of government. Chief Project Engineer Thompson responded that the restructuring will be a savings within the salary structure and operational expenses. One position will remain vacant. The changes in the responsibility of the positions will result in salary savings for future budgets. He explained that the Engineering Department does not have the ability to manage small projects and must contract out for design services. By implementing the proposed changes the County will be able to perform those task with in-house staff. Also the department will develop an overlay map of the County’s utilities using the GIS data. This information will be beneficial to County staff, professional engineers, and the public. In conclusion, Chief Project Engineer Thompson said that although the County has had several capital building and construction projects, the focus now will be on utility type construction that will require a different type of construction management. County Manager O’Neal explained that the Board must approve any reclassification or addition of positions and he requested approval of the proposed reorganization plan for the Engineering Department. Motion : Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to approve the organization changes as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer congratulated Chief Project Engineer Thompson on his promotion to County Engineer and he expressed appreciation to County Engineer Wyatt Blanchard for his years of service. He wished Mr. Thompson well with his new position. BREAK Chairman Greer called a break from 10:30 a.m. to 10:50 a.m. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:00 a.m. until 11:19 a.m. 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. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Items Presented by Commissioner Caster The following items were presented by Commissioner Caster: •Commissioner Caster reported that he will not attend the Regular Meeting of March 8, 2004, due to a planned mission trip to Antigua. When planning for the trip, he did not realize the Board would be meeting on the second Monday instead of the first Monday of the month as usual. •Commissioner Caster spoke on attending the Airlie Arts Festival Kickoff Reception and announced that the festival will be held on April 30 - May 2, 2004. •Commissioner Caster reported that he attended the breakfast meeting at First Baptist Church this morning and attended the annual Human Relations Banquet at Fifth Avenue First Baptist Church on February 13, 2004. •Commissioner Caster reported that Nancy Guthrie and Nick Garrett of the Clean Water Trust Fund Board attended the Tidal Creek Management Advisory Board meeting on February 6, 2004. They were anticipating that more funding will be available for other tidal creek projects. •Commissioner Caster presented copies of two newspaper articles: one on the City of Pittsburgh’s budget deficit and another on regional growth solutions used by the Twin Cities Metropolitan Council. Items Presented by Vice-Chairman Boseman The following items were presented by Vice-Chairman Boseman: •Vice-Chairman Boseman congratulated Doug Fox, who was recently appointed as Chairman of the N.C. Alcohol Beverage Control Commission by Governor Easley. •Vice-Chairman Boseman requested the Board to meet with the Board of Education concerning problems of scheduling softball fields and parking at Hoggard High School. Chairman Greer agreed that a meeting is needed. He requested staff to prepare a list of the park facilities, contracts scheduled for renewal, and expenses the County pays for the operation of each park for the schools. County Manager O’Neal responded that he would contact the Superintendent of Schools to schedule a joint meeting and staff will prepare an inventory showing the County’s responsibility for these park facilities. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 925 CONTINUED MEETING, FEBRUARY 25, 2004 MEETING RECESSED TO HOLD A JOINT MEETING WITH CITY COUNCIL Chairman Greer recessed the meeting at 11:25 a.m. and announced the meeting would be called back to Regular Session at 1:00 p.m. The Board met with the Wilmington City Council to hear a presentation on the strategic plan for merging the Wilmington Transit Authority and the New Hanover County Transportation Services to become effective July 1, 2004. ADDITIONAL ITEMS- COUNTY COMMISSIONERSCONTINUED () Items Presented by Commissioner Pritchett The following items were presented by Commissioner Pritchett: •Commissioner Pritchett reported that she traveled with the transportation group to look at the multi-model sites across the State. She said that it was interesting to see other cities that have been able to renovate old train stations to accommodate train and bus terminals within their communities. The trip was valuable to her because of the interaction and discussions among the 35 people traveling on the bus. She expressed appreciation to Greyhound for providing the bus and City staff for the lunch. •Commissioner Pritchett reported that she attended an open house at Elderhaus for a presentation on its new medical services. They now offer physical therapy and administer medication to clients. •Commissioner Pritchett reported that she met recently with the Wilmington Tree Commission and reminded everyone that March 19, 2004 is Arbor Day in North Carolina. She will be working with the schools on their Arbor Day presentations. ADDITIONAL ITEMS - COUNTY MANAGER Scheduling of Joint Meetings with Wilmington City Council and Board of Education County Manager O’Neal stated that City Manager Cheatham would like to give a presentation on the proposed plans for a convention center at the next meeting. Some council members will be attending. Consensus : The Commissioners agreed to hear a presentation on the convention center at the Regular Meeting of March 22, 2004, since Commissioner Caster would not be at the March 8, 2004 meeting. In further discussion on scheduling a meeting with the Board of Education, County Manager O’Neal had suggested meeting after the staff meeting on March 4 or March 18, 2004. However, Chairman Greer and Commissioner Pritchett were unable to meet on March 18. Chairman Greer suggested having a breakfast meeting with the Board of Education, saying it may be a more convenient time of the day for everyone to get together. Commissioner Davis responded that Monday, Tuesday and Thursday are days that he would be able to attend a breakfast meeting. County Manager O’Neal said that he would arrange a breakfast meeting in the Assembly Room of the Courthouse. Announcement of New IT Director Leslie Stanfield County Manager O’Neal announced that Leslie Stanfield from Johnston County will begin work with the County as the new IT Director on February 17, 2004. Mr. Clontz will be retiring at the end of February. Approval to Recess Meeting until February 25, 2004 Finance Director Shell requested the Board to continue the meet until February 25, 2004, for further discussion of the refunding bond issue. The meeting should last no longer than 15 minutes and it is needed to set the bond sale on March 2, 2004 instead of March 9, 2004. A telephone conference call can be arranged for any Commissioner unable to attend the meeting in person. He will provide the bond documents to the Board before the meeting. Consensus : The Board agreed to recess the Regular Meeting until February 25, 2004, at 11:00 a.m. in Conference Room 501 of the County Administration Building. CLOSED SESSION Chairman Greer called for a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of litigation and to consider a personnel matter as required by N.C.G.S. 143-318.11(a)(6). Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to enter into Closed Session for the purposes stated. Upon vote, the motion CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 1:30 p.m. Chairman Greer reconvened to Regular Session at 4:11 p.m. He reported that the Board consulted with the County Attorney regarding a matter of litigation in the Closed Session and stated that no action was taken. He also reported that the Board interviewed candidates for the position of Clerk to the Board, but no final decision was made. MEETING RECESSED Chairman Greer recessed the meeting at 4:12 p.m. until Wednesday, February 25, 2004 at 11:00 a.m. The meeting will convene in Room 501 of the County Administration Building for further consultation on the bond order. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, FEBRUARY 16, 2004 ANDPAGE 926 CONTINUED MEETING, FEBRUARY 25, 2004 CONTINUED MEETING OF FEBRUARY 16, 2004 ASSEMBLY The New Hanover County Board of Commissioners met in a Continued Meeting of the February 16, 2004 meeting on Wednesday, February 25, 2004, at 11:00 a.m. in Conference Room 501 of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Commissioner William A. Caster; Commissioner Nancy H . Pritchett; County Manager, Allen O ’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Vice-Chairman Julia Boseman was present via a telephone conference call. Commissioner Davis was absent. Chairman Greer called the February 16, 2004 meeting back to order and reported that the Board recessed the meeting until February 25, 2004, to continue discussion of the refinancing of the bond. CONSIDERATION OF RESOLUTION TO AUTHORIZE THE SALE OF $57,000,000 OF NEW HANOVER COUNTY GENERAL OBLIGATION REFUNDING BONDS Chairman Greer stated that the Board is considering a Resolution to approve the terms of the sale of New Hanover County General Obligation Debt Refunding Bonds and to authorize the Bond Escrow Deposit Agreement. He called for a motion. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt a Resolution approving the terms of the sale of New Hanover County General Obligation Debt Refunding Bonds and to authorize the Bond Escrow Deposit Agreement. Upon vote, the MOTION CARRIED 4 to 0. A copy of the Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 24.9. Finance Director Shell announced that Commissioner Davis had called to say that he was unable to attend the meeting, but that he was in full agreement with the refinancing of the bonds. Chairman Greer said that he had asked Finance Director Shell about the fluctuation in the pay back of the bond. He wanted to make sure that taxpayers in future years would not have a tremendous increase. He asked Finance Director Shell to explain the $7 million increase in 2018. Finance Director Shell presented a graph showing the principal and interest payments over the 24 year period. The County has made an effort to keep the payments from spiking up and down. Every time the County issues debt, it is matched with the existing amortization schedule to evenly spread the payment. The 2018 payment increased from $5.7 million to $7.5 million in principal payments because another debt will be paid off. In further discussion of the bond sale, Finance Director Shell said he expected a savings of $1.9 million from refinancing this debt. He ran the sale through BB&T this week and estimated a savings of $2.9 million. The date of the sale was changed from March 9 to March 2 because the economic indicator reports will come out between March 2 - 9. Hopefully the rates should be more stable on March 2 and the County will have a significantly higher savings than initially anticipated. ADDITIONAL ITEMS County Manager O’Neal reminded the Board that the annual meeting of the Chamber of Commerce will be tomorrow, February 26, 2004. Vice-Chairman Boseman will represent the County at the meeting. Vice-Chairman Boseman reported that Chief Executive Officer Jack Barto of New Hanover Regional Medical Center will attend a Board Meeting to meet the Commissioners. Commissioner Caster had requested that Mr. Barto be introduced at a public meeting. She also announced that Vice President of Facilities and Support Services, Vincent Cicchino, has resigned from the hospital. There being no other business, Chairman Greer called for a motion to adjourn. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED 4 to 0. Chairman Greer adjourned the meeting at 11:15 a.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board