Loading...
2004-06-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 65 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 21, 2004, 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 Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; Deputy County Attorney Kemp Burpeau; and Clerk to the Board, Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Darwin Murrill, Pastor of Word Changing Hearts Ministry, 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. After hearing none, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Add Roads to the State Road System The Commissioners adopted a resolution to add the following roads to the State Road System: Roads in Sentry Oaks Subdivision (Div. File # 1048-N) Roads in Emerald Forest Subdivision, Sections 4 and 6 (Div. File #1049-N) Roads in Crosswinds Subdivision (Div. File # 1050-N) Roads in Greenbriar South, Masonboro Woods and Madison Place Subdivisions (Div. File # 1041-N) Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXVIII, Page 30.1. Acceptance of Governor’s Crime Commission for Disproportionate Minority Contact Project Grant and Approval of Associated Budget Amendment #04-0266 - Governor’s Crime Commission The Commissioners accepted the Governor’s Crime Commission for Disproportionate Minority Contact Project Grant in the amount of $110,000 and approved the associated budget amendment #04-0266. The County Manager was authorized to sign the necessary grant documents. The funds will be used to cover salary and benefits for a Community Service Coordinator position, cost of research, and expenses related to the operation of the project. The position funded by the grant will be eliminated when the grant funding has ended. There is no local match required. Budget Amendment # 04-0266 - Governor’s Crime Commission AdjustmentDebit Credit DMC Project: Governor’s Crime Commission Grant$110,000 Salaries and Wages $32,000 Social Security Taxes$ 2,448 Retirement - Local Government Emp.$ 1,760 Medical Insurance Expense$ 5,324 LT Disability Insurance$ 68 Contracted Services$48,180 Departmental Supplies$11,544 Telephone Expense$ 160 Training and Travel$ 8,516 Explanation: To budget funds received from Governor’s Crime Commission Grant for Disproportionate Minority Contact Grant. Approval of Amendment to Emergency Operations Planning Grant and Associated Budget Amendment #04-0263 The Commissioners approved the amendment of the Emergency Operations Planning Grant in the amount of $5,200 and the associated budget amendment #04-0263. There is no local match required. Budget Amendment #04-0263- Emergency Management Adjustment Debit Credit FEMA - Emergency Planning Grant$5,200 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 66 Budget Amendment #04-0263- Emergency Management (Cont.) Adjustment Debit Credit Contracted Services$5,200 Explanation: To increase budget for increase in Planning Grant awarded to Emergency Management. Adoption of Resolution for Transfer of Two Surplus County Vehicles to the Wheels to Work Program The Commissioners adopted a resolution for transfer of two surplus County vehicles to the Wheels to Work Program: 1993 Pontiac, Vehicle Identification # 1G2HX53L9P1291480, FA# 12211 1995 Pontiac, Vehicle Identification # 1G2HX52K3S4265778, FA# 13514 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 30.2. Authorization for the Department of Fire Services to Submit a Grant Application for the Child Passenger Safety Seat Program from the NC Department of Insurance The Commissioners authorized the Department of Fire Services to submit a grant application for Child Passenger Safety Seat program in the amount of $2,514.40. If the grant is awarded, these funds will be used for maintenance and equipment for four active Permanent Checking Stations at local fire stations. There is no local match required. Approval of Budget Amendment #04-0248 to Reflect Reduction in Partnership for Children Grant for FY 04 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #:04-0248 - Health Department AdjustmentDebitCredit Health Check: Partnership for Children Grant$6,000 Salaries and Wages$4,500 Social Security Taxes$ 500 Retirement - Local Government $1,000 Explanation: Contract amendment received from New Hanover County Partnership for Children to reduce total grant amount from $41,747 to $35,747. Authorization for the Museum to Submit a Grant Application for the 2004 Environmental Centers Grant The Commissioners authorized the Museum to submit a grant application for the 2004 Environmental Centers Grant in the amount of $10,000. If the grant is awarded, these funds will be used to fund a six-week seminar in collaboration with the UNCW-Marine Quest Program. The seminar is designed to introduce adults, including secondary school teachers, to issues related to water quality - particularly preventing polluted runoff. The in-kind match will come from staff time, postage, supplies, telephone costs and other expenditures made outside of the grant dollars by either the Museum or UNCW-Marine Quest Program. Acceptance of Tax Collection Reports Through May 31, 2004 - Tax Department The Commissioners accepted the following Tax Collection Reports through April 30, 2004, 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 XXVIII, Page 30.3. Release of Values - Tax Department The Commissioners approved the delinquent application for exemption from property tax for the following organization: South Wilmington Church of God - R06505-001-027-000 Approval of North Carolina Tax Records Retention and Disposition Schedule for County Tax Offices- Tax Department The Commissioners approved the North Carolina Tax Records Retention and Disposition Schedule for the County Tax Office. Approval of End of Year Budget Adjustments for Several County Departments and Related Budget Amendments #04-0264, #04-0262, and #04-0253 - Budget Department The Commissioners approved the following budget adjustments to adjust the FY 04-05 Budgets of several County department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 67 Budget Amendment #:04-0264 - Sheriff/County Commissioners AdjustmentDebitCredit General Fund: County Commissioners $ Appropriate Fund Balance378,000 Out of County Housing: Salaries$ 45,000 Contracted Services - Jail$330,000 Transportation Expenses - Jail$ 3,000 Explanation: End of year adjustment to out of County transportation due to delay in opening of new Detention Facility. Budget Amendment #: 04-0262 - Register of Deeds AdjustmentDebitCredit Real Property Transfer Tax$50,000 Departmental Supplies$25,000 Capital Outlay$25,000 Explanation: To budget greater than anticipated revenue for Register of Deeds. Budget Amendment #: 04-0253 - Inspections Department Adjustment Debit Credit Inspection Revenues $100,000 Capital Outlay$100,000 Explanation: To budget additional revenue earned to purchase further modules of automation software to allow for more effective communications with the citizens of New Hanover County. These modules and the corresponding hardware will allow citizens to apply for certain types of permits online, request inspections over the web, and obtain inspection results instantly. A separate module will be used by the inspectors themselves to enter information into the system from a number of different mobile devices. Approval of Budget Amendment #04-0246 - Hurricane Floyd The Commissioners approved the following budget amendment: Budget Amendment #04-0246 - Hurricane Floyd Adjustment Debit Credit FEMA Revenue$25,228 Contracted Services$25,228 Explanation: To budget funds received and spent related to the final demolition work related to Hurricane Floyd. Approval of Budget Amendment #04-0251 - Emergency Management The Commissioners approved the following budget amendment: Budget Amendment #04-0251 - Emergency Management Adjustment Debit Credit Terrorism Grant$ 5,739 Departmental Supplies$1,797 Contracted Services$3,942 Explanation: To budget grant awarded to Emergency Management to conduct a Weapons of Mass Destruction exercise. Approval of Budget Amendment #04-0259 - Criminal Justice Partnership Program The Commissioners approved the following budget amendment: Budget Amendment - #04-0259 -Criminal Justice Partnership Program Adjustment Debit Credit Criminal Justice Partnership Grant$8,442 Contracted Services$8,442 Explanation: To increase budget for reallocated funds awarded for Coastal Horizons. Funds will be used to purchase a copier and maintenance on it. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 68 Approval of Budget Amendment #2004-55 - Sheriff The Commissioners approved the following budget amendment: Budget Amendment - #2004-55 - Sheriff Adjustment Debit Credit Controlled Substance Tax$1,033 Controlled Substance Tax$1,033 Explanation: To increase budget for additional revenue received on April 30 and May 19, 2004. Approval of Budget Amendment #2004-56 - Sheriff The Commissioners approved the following budget amendment: Budget Amendment - #2004-56 - Sheriff Adjustment Debit Credit Federal Forfeited Property$15,256 Federal Forfeited Property$15,256 Explanation: To increase budget for additional revenue received on April 26, May 13, and June 4, 2004 Approval of Budget Amendment #2004-58 - County Administration Building/Parking Deck/Library Renovations/Commissioners/Transfer to Other Funds The Commissioners approved the following budget amendment: Budget Amendment #2004-58 - County Administration Building/Parking Deck/Library Renovations/ Commissioners/Transfer to Other Funds Adjustment Debit Credit County Administration Building: Transfer in from General Fund$1,457,102 Extended Project Expense$1,457,102 Commissioners: Appropriated Fund Balance$1,457,102 Transfer to Other Funds Transfer to Capital Projects$1,457,102 Explanation: Necessary to close the County Administration Building/Parking Deck/Library Renovations Capital Project - Fund 375. 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 YearKenneth L. Chamblee - WASTEC Cynthia D. Kelly - Social Services Ryan E. Merrill - Fire Services Frankie T. Mincey - Health Dept. Ten YearsBarbara D. McClure - Finance Kara C. Toney - Social Services Martha E. Watson - Social Services Twenty YearsFrank Benegasi - WASTEC 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: Teresa Lewis - Sheriff’s OfficeJustin Cokes - Fire Services Laura Kopczynski - Health Dept.Fran Ellis - Health Dept. Erin Johnston - Health Dept.Wendy Farr - Health Dept. Linda Painter - InspectionsChristine Bouffard - Inspections Holly Yaeger - Social ServicesTiffany Bickel - Social Services Joan Briggs - Social ServicesCharlene Zorn - Social Services Susan Cox - Social ServicesTonya Graham - Social Services Stephanie Monteath - Social ServicesLisa Carter - Tax Roger Kelley - TaxBenson Ediger - W/S Engineering Rose-Marie Helms - W/S EngineeringCarol Graf - Information Technology On behalf of the Board, Chairman Greer welcomed the new employees to County government and wished NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 69 them success with their new positions. County Manager O’Neal introduced Leo Schmidt, a Junior at UNC-CH majoring in Political Science. Mr. Schmidt is interested in public policy and will be observing the meeting. CONSIDERATION OF PROCLAMATION DECLARING JUNE 20-27, 2004, AS AMATEUR RADIO APPRECIATION WEEK IN NEW HANOVER COUNTY Chairman Greer reported that the Wilmington Amateur Radio Society, Inc. requested that the Commissioners proclaim June 20-27, 2004, as Amateur Radio Appreciation Week in New Hanover County. Chairman Greer read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman to adopt the proclamation declaring June 20-27, 2004, as Amateur Radio Appreciation Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented the proclamation to Mr. Bill Morine. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 30.4. FISCAL YEAR 2004-2005 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE FIRE SERVICE DISTRICT Chairman Greer presented the FY 2004-2005 Budget Ordinance for New Hanover County. He reported that the following amounts are appropriated: General Fund$216,357,025 New Hanover County Schools Funds$ 69,682,652 Emergency Telephone Fund$ 554,341 Room Occupancy Tax Fund$ 6,746,151 Environmental Management Fund$ 14,357,728 Total Budget$307,697,897 Chairman Greer called for a motion to consider the FY 2004-2005 Budget Ordinance for New Hanover County. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Davis to adopt the Fiscal Year 2004-2005 Budget Ordinance for New Hanover County with a one cent tax reduction. Chairman Greer asked for direction from the Board of which currently offered services they would recommend to be cut to implement a one cent tax reduction. Commissioner Caster suggested directing Staff to implement the one cent tax reduction. Substitute Motion: Vice-Chairman Boseman MOVED to adopt the FY 2004-2005 Budget Ordinance for New Hanover County as recommended by the County Manager with funds in the amount of $156,000 to be added and designated for senior citizen property tax relief. Commissioner Davis requested Vice-Chairman Boseman to withdraw the substitute motion until the vote was taken on the first motion. Vice-Chairman Boseman withdrew the substitute motion. Substitute Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett to adopt the FY 2004-2005 Budget Ordinance for New Hanover County as recommended by the County Manager. Substitute Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Davis to adopt the FY 2004- 2005 Budget Ordinance for New Hanover County as recommended by the County Manager with funds in the amount of $156,000 to be added and designated for senior citizen property tax relief. Chairman Greer asked for discussion on the second substitute motion. Commissioner Pritchett requested County Manager O’Neal clarify if the funds would be available if a senior citizen property tax relief plan was approved by the Board. County Manager O’Neal reported that the funds are available and are currently in the General Fund Contingency Account. Budget Director Griffin reported that New Hanover County could model the plan that Dare County currently has in place, and although the plan was cumbersome to administer, it could be done. Commissioner Davis stated that if the plan was not administrable, or if the General Assembly increased the Homestead Exemption amount, the funds could revert back to the General Fund. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 70 Chairman Greer requested an estimate of how many senior citizens would receive property tax relief with the $156,000. County Manager O’Neal reported that the amount of $156,000 would be adjusted to help the senior citizens who currently qualify for the exemption. For example, Dare County has raised the exemption from $20,000 to $34,000. Budget Director Griffin reported that she has been working with the Tax Department and verified that the amount of $156,000 will be sufficient to increase the exemption amount for senior citizens who currently qualify. County Manager O’Neal suggested to the Board that they adopt the budget as presented with the designation in the amount of $156,000 for senior property tax relief with direction to Staff to present a plan for the disbursement of the senior property tax relief funds at the Board’s August 2, 2004, meeting. Hearing no further discussion, Chairman Greer called for a vote on the substitute motion to adopt the FY 2004-2005 Budget Ordinance for New Hanover County as recommended by the County Manager with funds in the amount of $156,000 to be added and designated for senior citizen property tax relief. Upon vote, the MOTION FAILED 3 to 2. Chairman Greer, Commissioner Pritchett, and Commissioner Caster voted in opposition. Chairman Greer called for a vote on the substitute motion to adopt the FY 2004-2005 Budget Ordinance for New Hanover County as recommended by the County Manager. Upon vote, the MOTION FAILED 3 to 2. Vice-Chairman Boseman, Commissioner Caster and Commissioner Davis voted in opposition. Chairman Greer called for a vote on the motion to adopt the Fiscal Year 2004-2005 Budget Ordinance for New Hanover County with a one cent tax reduction. Upon vote, the MOTION FAILED 3 to 2. Chairman Greer, Vice-Chairman Boseman, and Commissioner Pritchett voted in opposition. Chairman Greer asked if there were any other motions. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Boseman to adopt the FY 2004-2005 New Hanover County Budget Ordinance as presented by the County Manager with funds in the amount of $156,000 to be added and designated for senior property tax relief with direction to Staff to present a plan for disbursement to the Board for approval at the August 2, 2004, meeting. Funds in the amount of $156,000 will revert back to the General Fund if no plan is approved by the Board for senior citizen property tax relief. Upon vote, the MOTION CARRIED 4 to 1; Commissioner Caster voted in opposition. Chairman Greer called for a motion to consider the FY 2004-2005 Budget Ordinance for the New Hanover County Fire Service District. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster to adopt the Fiscal Year 2004-2005 Budget Ordinance for the Fire Service District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Fiscal Year 2004-2005 Budget Ordinances for New Hanover County and the Fire Service District are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 30.5. PRESENTATION BY THE GREATER WILMINGTON CHAMBER OF COMMERCE ON AMENDMENT ONE - SELF FINANCING BONDS Chairman Greer introduced Chamber of Commerce President and CEO Connie Majure-Rhett, and requested that she make the presentation on Amendment One - Self Financing Bonds, which will be on the November 2, 2004, ballot. Ms. Majure-Rhett reported that Amendment One-Self Financing Bonds are an economic tool that municipalities can use if they so desire, but they do not have to be used, even if approved on the November ballot. Amendment One - Self Financing Bonds provide financing for public improvements for infrastructure such as sidewalks, water and sewer, and streets and are called self-financing because they pay for themselves. A development district plan must be agreed on between a developer and the government entity. One of the plan requirements is that the plan must show specific benefits to the development district and propose a way to mitigate any negative impact for property owners within the district; only five percent of the County can be included in a development district. The State of North Carolina is one of only two states that does not have this tool available to their governmental entities. Studying the implementation in other states has allowed North Carolina to implement numerous safeguards into the program. The Local Government Commission in the Finance Office of the Treasurer is the authority for issuance approval of the bonds. Chairman Greer asked Ms. Majure-Rhett which local entity is responsible for establishing the districts. Ms. Majure-Rhett reported that the Commissioners would set up the districts for the County; the City Council for City Districts, and the Town Council for Town Districts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 71 On behalf of the Board, Chairman Greer thanked Ms. Majure-Rhett for the presentation. RECOGNITION OF ACCREDITATION OF NEW HANOVER COUNTY HEALTH DEPARTMENT Chairman Greer requested Health Director David E. Rice to make the Staff presentation. Health Director Rice reported that the New Hanover County Health Department recently participated in the North Carolina Local Public Health Accreditation Program led by the NC Department of Health and Human Services in conjunction with the University of North Carolina-Chapel Hill School of Public Health. Six health departments were selected throughout the state to participate in this pilot project. On May 28, 2004, the New Hanover County Health Department became one of six accredited health departments in the State of North Carolina. The Health Department met 39 of 41 standards (95%). The principles surrounding this process indicated that a health department must meet 85% of the overall standards and 80% of the standards in each prescribed category. There were 41 total standards considered for accreditation. Chairman Greer, on behalf of the Board, acknowledged the achievements of the New Hanover County Health Department, Board members, and Staff. FIRST READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY ALL-WAYS RECYCLING Chairman Greer requested Assistant County Attorney Holt Moore to make the Staff presentation. Assistant County Attorney Moore reported that County Code Section 44-55 requires a franchise for municipal solid waste collection. This is the first reading of the application submitted by All-Ways Recycling, a municipal solid waste hauler. Motion: Chairman Greer MOVED, SECONDED by Commissioner Caster to approve the first reading of the franchise application submitted by All-Ways Recycling. Upon vote, the MOTION CARRIED UNANIMOUSLY. This item will be submitted at the July 12, 2004 meeting for the second reading and final approval. FIRST READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY CAPE FEAR HAULING Chairman Greer requested Assistant County Attorney Holt Moore to make the Staff presentation. Assistant County Attorney Moore reported that County Code Section 44-55 requires a franchise for municipal solid waste collection. This is the first reading of the application submitted by Cape Fear Hauling, a municipal solid waste hauler. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the first reading of the franchise application submitted by Cape Fear Hauling. Upon vote, the MOTION CARRIED UNANIMOUSLY. This item will be submitted at the July 12, 2004 meeting for the second reading and final approval. FIRST READING OF APPLICATION FOR SOLID WASTE FRANCHISE BY FOUR SEASONS OF COASTAL CAROLINA, INC. Chairman Greer requested Assistant County Attorney Holt Moore to make the Staff presentation. Assistant County Attorney Moore reported that County Code Section 44-55 requires a franchise for municipal solid waste collection. This is the first reading of the application submitted by Four Seasons of Coastal Carolina, Inc., a municipal solid waste hauler. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the first reading of the franchise application submitted by Four Seasons of Coastal Carolina, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. This item will be submitted at the July 12, 2004 meeting for the second reading and final approval. CONSIDERATION OF RESOLUTION TO ADOPT THE U.S. POSTAL SERVICE DESIGNATION FOR CASTLE HAYNE FOR GIS PURPOSES Chairman Greer requested GIS Manager Mike Arkinson to make the Staff presentation. GIS Manager Arkinson reported that GIS Services requires that the geographic boundaries of Castle Hayne be designated for standardized mapping purposes to promote uniform, consistent mapping. The U.S. Postal Service has established the limits of the area by means of the zip code boundary. By resolution, the Board of Commissioners may adopt the U.S. Postal Service designation for mapping purposes. Chairman Greer reported that Thomas Radewicz, a representative from the Castle Hayne Steering Committee, would like to address the Board. On behalf of the steering committee Mr. Radewicz requested that the Board consider delaying the adoption of the resolution designating the U. S. Postal Service designation for mapping purposes for Castle Hayne to give the steering committee and residents of Castle Hayne the opportunity to work with Mr. Arkinson and Staff. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Davis to table the adoption of the resolution designating the U.S. Postal Service designation for mapping purposes for Castle Hayne until the Board’s August 16, 2004 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 72 BREAK: Chairman Greer called for a break at 10:20 a.m. CONSIDERATION OF APPROVAL FOR SALE OF FILL MATERIAL FROM THE COMPLETED UPSET BID PROCESS OR ACCEPTANCE OF NEW OFFER AS THE INITIAL OFFER IN A NEW UPSET BID PROCESS FOR THE SMITH CREEK PARK Parks Director Neal Lewis reported that on May 3, 2004, the Board of Commissioners adopted a resolution providing initial acceptance of the offer submitted by B&K Coastal, LLC t/a Cape Fear Paving for the fill material (sand) and instructed staff to proceed with the upset bid process for this sale. The upset bid process has been completed by staff and the final qualifying bid received was from Elite Construction and Grading, Inc. at a price of $0.65 per cubic yard. After the upset bid process was closed, B&K Coastal, LLC t/a Cape Fear Paving contacted the County, not realizing they had missed the deadline and submitted a late bid for the fill material at a price of $0.70 per cubic yard. The last required price to upset the bid was $0.68266667 and no bid was received. This is a new offer outside of the closed upset bid process. The final qualifying bid must be approved by the Board of Commissioners. Until final approval by the Board of Commissioners, any or all bids can be rejected. Everything has been done correctly in the upset bid process. The Board has two options at this time; 1) the Board may elect to finalize the upset bid process by awarding the contract for the sale to Elite Construction and Grading, Inc. at a price of $0.65 per cubic yard. By awarding the sale to Elite Construction and Grading, Inc. the Board would be rejecting the offer of $0.70 per cubic yard from B&K Coastal, LLC t/a Cape Fear Paving; or 2) The Board could reject all bids received in the upset bid process and instruct staff to begin a new upset bid process with the $0.70 per cubic yard being the initial offer in the process. Staff would again go through the upset bid process and bring back to the Board of Commissioners for approval, the final qualifying bid. Both options are within the parameters of the general statutes and the Board has the authority and discretion to determine which option to implement. The revenue generated from the sale of the sand will be used to construct a park at the site. The Corp of Engineers has estimated that there are approximately 300,000 cubic yards of sand available and has issued a time limit of twenty-four months for the process to be completed. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to award the contract for $0.65 per cubic foot to Elite Construction and Grading, Inc. 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 XVIII, Page 30.6. Chairman Greer explained that there is a project ordinance and budget amendment attached to the award of the contract and asked for direction from the Board. The consensus of the Board was to delay the vote on the project ordinance and budget amendment until the sand removal process has been completed. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman that the monies received from Elite Construction and Grading, Inc. from the sale of sand be designated for construction of a park at the Smith Creek Park site. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF REGULATIONS AND ISSUES CONCERNING OPEN BURNING IN THE COUNTY Chairman Greer introduced Fire Chief Donnie Hall to make the Staff presentation. Fire Chief Hall requested Deputy Fire Marshall Matt Davis to make the Staff presentation. Deputy Fire Marshall Davis presented an overview of regulations governing open burning in the County. The regulations apply only to the unincorporated areas and require a permit that is issued without charge. Permits can be obtained by visiting any of the fire stations or Market Place Mall. A permit will allow the burning of limbs, twigs, leaves, branches and grass clippings if originated on the premise, and the clearing of land by burning is allowed if the area to be burned is more than 1,000 feet from an occupied structure. It is not legal to burn garbage, paper, cardboard, building materials including lumber and wood scraps, wire, plastics, synthetic materials, asphalt shingles, oils, paints, household and agricultural chemicals, tires and other rubber products. It is also not legal to burn homes and or structures that have been damaged or have had previous fires. Civil citations are issued in the amount of $100 per offense for first time violators; $300 for second time violators; and $500 for third and subsequent violators. The most common offenses of violations include burning of non-natural vegetation, non-attendance of the fire, lack of fire extinguishment capabilities, and burning to close too a structure. Vice-Chairman Boseman asked Deputy Fire Marshall Davis what process is needed to ban open burning in the unincorporated areas of the County. Deputy Fire Marshall Davis replied that the Board would have to pass an ordinance banning all open burning in the unincorporated areas. Commissioner Davis commented that County-wide trash pick up would eliminate improper burning. Commissioner Pritchett stated that this presented a problem because yard waste could not currently be disposed of at the landfill. The County would have to enter into contracts with private companies to collect and dispose of yard waste. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 73 Commissioner Caster commented that most subdivision covenants and by-laws contain open burning ordinances. Chairman Greer thanked Deputy Fire Marshall Davis for the presentation. COMMITTEE APPOINTMENTS Appointment to the ABC Board Chairman Greer announced that one vacancy needed to be filled on the ABC Board, and a Chairman needed to be appointed. He reported that new applications were received and that Donald Zearfoss whose second term will expire June 30, 2004, has requested to be reappointed to a third term. Chairman Greer opened the floor to receive nominations. Vice-Chairman Boseman nominated Richard V. Hanson, Sr. The nomination did not receive a second. Commissioner Caster nominated Donald Zearfoss. The nomination was seconded by Commissioner Pritchett. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the re-appointment of Donald Zearfoss. Vote: The Board voted unanimously to re-appoint Donald Zearfoss to serve a 3 year term on the ABC Board with the term to expire June 30, 2007. Chairman Greer opened the floor to receive nominations for Chairman of the ABC Board. Commissioner Caster nominated Donald Zearfoss. The nomination was seconded by Vice-Chairman Boseman. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote to appoint Donald Zearfoss to serve a one year term as Chairman of the ABC Board. Vote: The Board voted unanimously to appoint Donald Zearfoss to serve a one year term as Chairman of the ABC Board. Appointments to the Airlie Gardens Foundation Board of Directors Chairman Greer announced that three vacancies needed to be filled on the Airlie Gardens Foundation Board of Directors. He reported that three new applications were received with current member Stephanie Mannen, desiring to be reappointed. Chairman Greer requested nominations from the Board. Commissioner Davis nominated Stephanie Mannen, John L. Hatcher, and Larneice Spencer. The nominations were seconded by Vice-Chairman Boseman. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the re-appointment of Stephanie Mannen, and the appointments of John L. Hatcher and Larneice Spencer. Vote: The Board voted unanimously to re-appoint Stephanie Mannen, and appoint John L. Hatcher and Larneice Spencer to serve 3 year terms on the Airlie Gardens Foundation Board of Directors with the terms to expire June 30, 2007. Appointment to the Airport Authority Chairman Greer announced that one vacancy needed to be filled on the Airport Authority. He reported that thirteen applications had been received. Chairman Greer opened the floor to receive nominations. Commissioner Pritchett nominated William D. Bryden. The nomination was seconded by Vice-Chairman Boseman. Commissioner Caster nominated Robert Rippy. The nomination was seconded by Commissioner Davis. Vice-Chairman Boseman nominated Margaret Weller Stargell. The nomination did not receive a second. Chairman Greer nominated Walter R. Conlogue. The nomination did not receive a second. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of William D. Bryden. Vote: The Board voted 2 to 3 to appoint William D. Bryden to serve a 4 year term on the Airport Authority with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 74 term to expire July 1, 2008. Vice-Chairman Boseman and Commissioner Pritchett voted in favor of the appointment. Chairman Greer called for a vote on the appointment of Robert Rippy. Vote: The Board voted 3 to 2 to appoint Robert Rippy to serve a 4 year term on the Airport Authority with the term to expire July 1, 2008. Chairman Greer, Commissioner Caster, and Commissioner Davis voted in favor of the appointment. Appointments to the Board of Fire Commissioners Chairman Greer announced that four vacancies needed to be filled on the Board of Fire Commissioners, two at-Large Community Representatives and two At-Large Volunteer Fire Department Representatives. He reported that three applications were received in the At-Large Community Representatives Category, with two applicants, James “Monte” Coughlin and Harry B. Simmons, desiring to be reappointed. Also, three applications were received in the At-Large Volunteer Fire Department Representatives Category, with one applicant, Harry Lee Lovic, Jr., desiring reappointment. Chairman Greer asked for nominations in the At-Large Community Representatives Category. Vice-Chairman Boseman nominated James “Monte” Coughlin and Harry B. Simmons. The nominations were seconded by Commissioner Caster. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the re-appointments of James “Monte” Coughlin and Harry B. Simmons. Vote: The Board voted unanimously to reappoint James “Monte” Coughlin and Harry B. Simmons to second three-year terms on the Board of Fire Commissioners, in the category of At-Large Community Representatives, with the terms to expire July 1, 2007. Chairman Greer asked for nominations in the At-Large Volunteer Fire Department Representatives Category. Vice-Chairman Boseman nominated Harry Lee Lovic, Jr. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Michial Wayne Rhodes. The nomination was seconded by Commissioner Caster. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the re-appointment of Harry Lee Lovic, Jr. Vote: The Board voted unanimously to re-appoint Harry Lee Lovic, Jr. to a second three-year term on the Board of Fire Commissioners in the category of At-Large Volunteer Fire Department Representative, with the term to expire July 1, 2007. Chairman Greer called for a vote on the appointment of Michial Wayne Rhodes. Vote: The Board voted unanimously to appoint Michial Wayne Rhodes to a three-year term on the Board of Fire Commissioners in the category of At-Large Volunteer Fire Department Representative, with the term to expire July 1, 2007. Appointment to the Cape Fear Community College Board of Trustees Chairman Greer announced that one vacancy needed to be filled on the Cape Fear Community College Board of Trustees. He reported that five applications were received. Chairman Greer opened the floor to receive nominations. Commissioner Davis nominated Kenneth J. McGee. The nomination was seconded by Vice-Chairman Boseman. Commissioner Caster nominated James Patrick Morton. The nomination did not receive a second. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Kenneth J. McGee. Vote: The Board voted unanimously to appoint Kenneth J. McGee to serve a 4 year term on the Cape Fear Community College Board of Trustees with the term to expire June 30, 2008. Appointments to the Cape Fear Museum Advisory Board Chairman Greer announced that five vacancies, including one unexpired term, needed to be filled on the Cape Fear Museum Advisory Board. He reported that nine applications were received, with three applicants, Jonathan Scott Chase, Virginia W. Chiarello and Eleanor Grace Mosley-Bryd, desiring to be reappointed. Chairman Greer opened the floor to receive nominations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 75 Commissioner Caster nominated Jonathan Scott Chase, Virginia W. Chiarello, and Eleanor Grace Mosley- Byrd for reappointment. The nominations were seconded by Commissioner Pritchett. Vice-Chairman Boseman nominated Christine Abrons. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Scott Brooks. The nomination was seconded by Commissioner Caster. Chairman Greer nominated Donald Patience. The nomination did not receive a second. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the re-appointments of Jonathan Scott Chase, Virginia W. Chiarello, and Eleanor Grace Mosley-Byrd. Vote: The Board voted unanimously to re-appoint Jonathan Scott Chase, Virginia W. Chiarello and Eleanor Grace Mosely-Byrd to serve 3 year terms on the Cape Fear Museum Advisory Board, with the terms to expire June 30, 2007. Chairman Greer called for a vote on the appointment of Christine Abrons. Vote: The Board voted unanimously to appoint Christine Abrons to serve a 3 year term on the Cape Fear Museum Advisory Board, with the term to expire June 30, 2007. Chairman Greer called for a vote on the appointment of Scott Brooks. Vote: The Board voted unanimously to appoint Scott Brooks to serve the unexpired term on the Cape Fear Museum Advisory Board, with the term to expire June 30, 2005. Appointments to the Parks and Recreation Advisory Board Chairman Greer announced that three vacancies, including one unexpired term, needed to be filled on the Parks and Recreation Advisory Board. He reported that four applications were received with two applicants, Rev. Leroy Bunting, Sr. and Liz Unger Coughlin, desiring to be reappointed. Chairman Greer opened the floor to receive nominations. Commissioner Caster nominated Rev. Leroy Bunting, Sr. and Liz Unger Coughlin. The nominations were seconded by Vice-Chairman Boseman. Commissioner Caster nominated G. Wayne Long. The nomination was seconded by Chairman Greer. Vice-Chairman Boseman nominated Allan Douglas Ludlum. The nomination was seconded by Commissioner Davis. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the reappointments of Rev. Leroy Bunting, Sr. and Liz Unger Coughlin. Vote: The Board voted unanimously to re-appoint Rev. Leroy Bunting, Sr. and Liz Unger Coughlin to serve 3 year terms on the Parks and Recreation Advisory Board, with the terms to expire June 30, 2007. Chairman Greer called for a vote on the appointment of G. Wayne Long. Vote: The Board voted 3 to 2 to appoint G. Wayne Long to serve the unexpired term on the Parks and Recreation Advisory Board, with the term to expire June 30, 2006. Chairman Greer, Commissioner Caster, and Commissioner Pritchett voted in favor of the appointment. Appointment to the Board of Social Services Chairman Greer announced that one vacancy needed to be filled on the Board of Social Services. He reported that one application was received and that the Board could also appoint a Commissioner to serve on this Board. Chairman Greer opened the floor to receive nominations. Commissioner Davis nominated Commissioner Pritchett. The nomination was seconded by Commissioner Pritchett. Vice-Chairman Boseman nominated Commissioner Caster. The nomination was seconded by Commissioner Caster. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Commissioner Pritchett. Vote: The Board voted 2 to 3 to appoint Commissioner Pritchett to serve a 3 year term on the Board of Social Services with the term to expire June 30, 2007. Commissioner Davis and Commissioner Pritchett voted for the appointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 76 Chairman Greer called for a vote on the appointment of Commissioner Caster. Vote: The Board voted 3 to 2 to appoint Commissioner Caster to serve a 3 year term on the Board of Social Services with the term to expire June 30, 2007. Chairman Greer, Vice-Chairman Boseman, and Commissioner Caster voted for the appointment. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:40 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11:50 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 Additional Item from Sheriff Causey Sheriff Causey reported that the new jail facilities are now furnished, the newly hired staff has been trained, and the building is ready for occupancy and should be available by the end of the week to begin training staff in the new facilities. Additional Items from County Manager O’Neal County Manager O’Neal reminded the Board that the next meeting is scheduled for July 12, 2004, at 2:00 p.m. County Manager O’Neal commented that there are several events being held this evening including the Cape Fear Museum Annual Meeting and Volunteer Reception; the Airlie Gardens Landscape Showcase Awards Reception; and the Juvenile Drug Treatment Court Reception and Meeting. County Manager O’Neal thanked the Commissioners for approving the budget. Additional Items from Commissioner Caster Commissioner Caster reported that the Council of Governments met last week and passed their budget with no increase, but with a slight decrease. The Council wrote letters to the Legislature endorsing an increase in the Homestead Exemption for single individuals to $30,000 and for couples to $45,000. It was also reported that $30,000 is available to each County for a prescription assistance program. Commissioner Caster reported that the Council of Governments sponsored a very successful job seminar for over one hundred youths on how to apply for jobs, complete resumes and applications and how to dress for job interviews. Commissioner Caster reported that he received a letter from Governor Easley acknowledging the nominations of Mr. Rudolph and Dr. Erickson to the Coastal Resource Commission; as of yet, no appointments have been made. th Commissioner Caster reported that this past Saturday he attended the Power Squadron’s 90 Anniversary Reception and presented them with the proclamation signed by the Commissioners. Additional Item from Commissioner Pritchett Commissioner Pritchett reported that the Marshall Fund Fellows are visiting New Hanover County this week. This is a group of young dignitaries and business leaders from Europe visiting to familiarize themselves with American culture and business practices, and they will be guests of the Commissioners at lunch following the meeting. Additional Item from Commissioner Davis Commissioner Davis referenced a letter he received from Bob Hoover stating his resignation effective June 30, 2004, from the New Hanover Regional Medical Center Board and requested that the position be advertised and placed on the agenda for the first meeting in August. Additional Items from Chairman Greer Chairman Greer reported that the North Carolina Council of State meeting will be held in the Assembly Room of the New Hanover County Courthouse on July 6, 2004 at 10:30 a.m. The City and County have been requested to jointly host a reception on July 5, 2004, in honor of Governor and Mrs. Mike Easley and the Council of State at Airlie Gardens. Chairman Greer requested direction from the Board. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett to jointly host a reception on July 5, 2004, in honor of Governor and Mrs. Mike Easley and the Council of State at Airlie Gardens. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the USS North Carolina Battleship Commission has requested a donation from the County in the amount of $10,000 for fireworks for the Independence Day Celebration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JUNE 21, 2004 PAGE 77 Chairman Greer asked for direction from the Board. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Davis to deny the request for $10,000 from the USS North Carolina Battleship Commission for Independence Day Celebration fireworks. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Chairman Greer adjourned the meeting at 12:10 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board