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1993-05-17 Regular Meeting . . . ~ 'M~NUTES OF REGULAR MEETING, MAY 17, 1993 PAGE' 478 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 17, 1993, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney; Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend E. J. George gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer reported the following agenda items have been withdrawn or postponed: 1) Item #15, Consideration of Adopting a Resolution Seeking Regulations to Preserve Atlantic Shoreline Fisheries: This item was withdrawn until a presentation has been presented by the N. C. Division of Marine Fisheries. 2) Item #16, Consideration of Conveying the County's Interest in Drug Confiscated Property in BUlltail, North Carolina, to the Carolina Emergency Training Academy: This item was postponed in order to allow the Sheriff ample time to review this proposal and present his recommendations. 3) Item #19, Presentation by Zoning Enforcement Division of the Inspections Department: This item was withdrawn by staff. 4) Item #22, Consideration of a Request to Support the Proposed 1% Prepared Food and Beverage Tax: This item was withdrawn by the Cape Fear Coast Convention and Visitors Bureau. Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No comments were received. APPROVAL OF CONSENT AGENDA Vice-Chairman Mathews complimented the Clerk to the Board, Lucie F. Harrell, for the competent manner in which minutes are prepared, particularly for the last meeting which began at 6:30 P.M. and was adjourned at 1:00 A.M. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Joint Work Session with the Wilmington City Council held on April 27, 1993, and the minutes of the Regular Meeting of May 3, 1993, as presented by the Clerk to the Board. ' I I J ( MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 479 Adoption of Resolution Requesting the Addition of Prospect Avenue to the State Maintained Highway System The Commissioners adopted a resolution requesting the addition of Prospect Avenue, located off Greenville Avenue, to the state Maintained Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. Adoption of Proclamation Declaring May 26, 1993, as GI Nursing Day The Commissioners adopted a proclamation declaring May 26, 1993, as "GI Nursing Day" in New Hanover County. 0, '-- . A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. Adoption of Proclamation Declaring May 23-29, 1993, as "Emergency Medical Services Week" in New Hanover County The Commissioners adopted a proclamation declaring May 23-29, 1993, as "Emergency Medical Services Week" in New Hanover County. A copy of the proclamatio~ is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. Acceptance of Tax Collection Reports Through April 30, 1993 The Commissioners accepted the following Tax Collection Reports through April 30, 1993, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 5. Release of Value - Tax Department The Commissioners released the following listing penalty since the taxpayer certified he had listed on time in another county: o John Paul Wanchock, Jr. $ 12.00 The Commissioners accepted the following value adjustments on real property because of conditions brought to the attention of the Tax Department: Michael Anthony Byrd Richard R. Ferrar $ 1,440.00 $11,500.00 The Commissioners released the following vehicle certification penalty as this was the taxpayer's first offense: David Martin Stallings $ 100.00 Any information pertaining to the release of values is on file in the Tax Department. Approval of Budget Amendment #93-0217 - Department of Social Services The Commissioners approved the following Budget Amendment: 93-0217 DSS/Foster Care/Medicaid o Debit Credit DSS/Medicaid Assistance Payments $102,500 DSS/Foster Care AFDC Foster Care State Foster Care Funds $ 84,500 $ 16,000 l . . . ~ MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 480 Budget Amendment (continued) Debit Credit state Foster Homes IV-E (AFDC) Foster Homes SFHS/AFDC Supplement $ 32,000 $101,000 $ 70,000 Purpose: To budget additional federal and state funds for Foster Care programs, and to transfer Medicaid funds that are anticipated not to be needed to the Foster Care programs. Approval of Budget Amendment #93-0209 - Inspections Department The commissioners approved the following Budget Amendment: 93-0209 Inspections Debit Credit Inspections Inspection Fees $12,138 Capital Outlay - Equipment $12,138 Purpose: To budget greater than anticipated inspection fees to replace three computer printers that are not working. Due to the condition of the printers, it is not feasible to repair them. Approval of Budget Amendment #93-0214 - Health Department The Commissioners approved the following Budget Amendment: 93-0214 Health Department/Various Debit Credit Health/Rankin Terrace Federal Grant $75,900 Health/Administration Capital Outlay $17,900 Health/Personal Health Salaries & Wages $33,000 Health/Jail Contracted Services $25,000 Purpose: To budget unanticipated revenue received from a Rankin Clinic Community Health Center grant as follows: Administration/Capital Outlay - for additional optical imaging machine (microfilming patient which will accommodate documents that must specified times based on legal requirements. storage space and medical records), be retained for Personal Health/Salaries - shortfall in salaries due to less than anticipated turnover causing the salary lag projection to be over- estimated; therefore, additional funding is required. Jail Health/contracted Services - additional funding needed due to extremely high medical expenses of some inmates (physician and hospital charges and medicine costs). This account fluctuates depending on medical needs of the inmates. Approval of Budget Amendment #93-0215 - Health Department The Commissioners approved the following Budget Amendment: 93-0215 Health Department/Family Planning Debit Credit Health Department/Family Planning Family Planning Departmental Supplies $4,824 $4,824 Purpose: To budget additional one-time State (Title X) grant funds to be used to purchase injections of Depo-Provera, a birth control medication, for Family Planning patients. j I I j ( MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 481 Adoption of Resolution for Disposal of panasonic copier as a Trade- in on Purchase of a New Copier from Pinnacle Business Services - cooperative Extension Office The Commissioners adopted a resolution authorizing the Finance Office to dispose of the Panasonic copier, Model #FP3007, Serial Number #GHC22312126 as a trade-in on the purchase of a new copier from pinnacle Business Services for the Cooperative Extension Office. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. o Adoption of Resolution Enabling New Hanover County to Obtain Federal Emergency Management Agency (FEMA) Funds The Commissioners adopted a resolution enabling the County to receive FEMA funds. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. Approval of Budget Amendment #93-0216 - Department of Social Services The Commissioners approved the following Budget Amendment: 93-0216 Social services - Psychological Services and Medicaid Administration Debit Credit DSS/Administration DSS Administrative Grant $ 9,000 DSS Medicaid Assistance Payments $ 3,000 DSS Psvcholoqical Services Evaluations $12,000 () Purpose: To budget additional state funds received for the provision of psychological services to children. Approval of Budget Amendment #93-0206 - Department of Aging The Commissioners approved the following Budget Amendment: 93-0206 Department of Aging Case Assistant Debit Credit Department of Aqinq Case Assistant CDBG Grant $1,702 Department of Aginq Case Assistant Departmental Supplies $1,702 Purpose: The Department of Aging has been awarded an additional $1,702 in CDBG funds for 1992-93 to be used in the Case Assistant program. RECOGNITION OF NEW EMPLOYEES County Manager O'Neal introduced the following new County employees: Kathleen Benson Regina Randall Anne Gallagher Vivian Gray Leopoldo Aguilar Ross Willman Anthony Martin Lyle Johnson Debra Cunningham Debra Lloyd Michele Vieregge Health Department Health Department Health Department Health Department Sheriff's Department Inspections Department Emergency Medical Services Emergency Medical Services Water & Sewer Finance Social Services Social Services () ; I 1 r l ~ MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 482 Adelaide Trask Harriet Page Lora Howard Alice Mintz social Services social services Social Services social Services . Chairman Greer, on behalf of the Board, welcomed the new employees and wished them well in their new careers with New Hanover County. PRESENTATION OF SERVICE AWARDS Chairman Greer, on behalf of the Board, presented service awards to the following County employees for their years of dedicated service to New Hanover County: Larry Ray, Emergency Medical Services Susan Jaindl, Human Resources Carolyn Johnson, Tax Department Kellie Daughtry, Health Department Delisa Lloyd, Health Department Wilma Daniels, Department of Social Services Elizabeth Holland, Department of Social Services 5 years 5 years 5 years 5 years 5 years 5 years 5 years The following County employees were unable to attend. Service awards will be presented to these employees by the Human Resources Department. Rodney Knowles, Sheriff's Department Linda Bohn, Department of Social Services 5 years 5 years . PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Chairman Greer, on behalf of the Board, presented to Budget Director, Cam McAbee, the Distinguished Budget presentation Award from the Government Finance Officers Association for the Fiscal Year 1992-93 New Hanover County Budget. This is the second consecutive year the Budget Department has received this award. Appreciation was expressed for this outstanding performance by the Budget Director and staff. PRESENTATION OF AWARD OF FINANCIAL REPORTING ACHIEVEMENT TO THE FINANCE DEPARTMENT FOR FISCAL YEAR ENDING JUNE 30, 1992 Chairman Greer, on behalf of the Board, presented the Certification of Achievement for Excellence in Financial Reporting Award issued by the Government Finance Officers Association of the united States and Canada to the Finance Director for the twelfth consecutive year. This certification of Achievement is for New Hanover County's Comprehensive Annual Financial Report submitted for the fiscal year ending June 30, 1992. The award was accepted by Ellen Wells, the County's Investment & Procurement Officer and Emily Mack, Accountant I. Appreciation was expressed to the Finance Director and his staff for this outstanding recognition. . PRESENTATION OF COUNTY MANAGER'S FISCAL YEAR 1993-94 RECOMMENDED BUDGET AND PUBLIC HEARING SCHEDULED FOR MAY 24, 1993 County Manager O'Neal read the budget message and presented the Fiscal Year 1993-94 Recommended Budget with a recommended tax rate of 61.5 cents, which represents a 2.5 cents tax increase. The Commissioners were requested to schedule a Public Hearing on May 24, 1993, and adopt the Budget on June 7, 1993. Budget Director, Cam McAbee, presented the following charts: General Fund Recommended Revenues 1993-94 Ad Valorem & Other Taxes Sales Tax Intergovernmental Services Licenses & Permit Operating Transfers 56.35% 11. 07% 23.36% 6.8% 0.06% 0.3% 1-':'" ~ ( I MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 483 General Fund Recommended Expenditures for FY 1993-94: Education Human Services Public Safety General Government Cultural & Recreation Economic & Physical Development Transfers Contingency 24.43% 36.83% 16.5% 11. 93% 3.76% 1. 78% 1. 81% 0.34% o commissioner Barone and Commissioner Sisson reported there were items of concern with the proposed budget; however, due to time constraints, they would address these issues at a later date. commissioner Sisson recommended holding the Public Hearing to receive input from the citizenry before discussing the items of concern. Consensus: After discussion, it was the consensus of the Board to hold the Public Hearing on May 24, 1993, at 8:00 P.M. with a sign- up sheet for agencies wishing to speak and persons being informed that remarks must be limited to three minutes; and to schedule another Budget Work Session after receiving public input before adoption of the budget on June 7, 1993. A copy of the recommended FY 1993-94 Budget is on file in the Clerk's Office. PRESENTATION OF MASTER PLAN FOR OGDEN AND CASTLE HAYNE PARKS Mr. Mark Baker, representing LS3P, reported during the past year, LS3P, the firm hired by the County to develop a Master Plan for the Ogden and Castle Hayne Parks, has gathered data; conducted programming sessions with the Parks & Recreation Advisory Board; held public workshops; and obtained surveyed wetlands boundary data for development of these parks. Although sufficient funds are not available to fully implement the proposed plan for each park, it would be prudent to develop a Master Plan to be constructed in phases as funds become available. The Parks & Recreation Advisory Board voted unanimously to approve the Master Plan. o Ms. Lynn Rees-Jones of LS3P presented the Master Plan for the Castle Hayne and Ogden Parks. The implementation phases were explained with a total cost estimate of $9.8 million. It was recommended that the remaining bond funds in the amount of $1 million be used for initial development of both parks. Deputy County Manager, Mary Gornto, reported on the remaining bond proceeds not being adequate for development of the parks but informed the Board that a number of recreational organizations have indicated a desire to contribute funding and other services to assist with the development of park facilities. Also, in the future the County Parks Department will have a crew capable of constructing some of the facilities, which will save money. commissioner Barone commented on the circular conf iguration of the ball fields in the Ogden Park and inquired as to whether the games will interfere with one another when being played? Mr. Baker reported the pinwheel concept will provide ample space for all games to be played without interference. Also, this design has proven to be quite satisfactory in developing a central infrastructure. The proposed concept is being used in other parks throughout the State. () Discussion was held on the public comments received from residents of both communities and the desire expressed for development of picnic facilities and playgrounds. Commissioner Sisson reported on the rapid growth in the Ogden area and stated no \ l . . . ~ MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 484 facilities are presently available for outdoor social gatherings; therefore, he is not surprised at this response. Chairman Greer, on behalf of the Board, complimented the Parks & Recreation Advisory Board and staff for an excellent job in development of the Master Plan. Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman Mathews to accept the proposed Master Plan for the Ogden and Castle Hayne Parks, and authorize LS3P to proceed with construction drawings. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Master Plan is on file in the Clerk's Office. BREAK Chairman Greer recessed the meeting for a break from 10:20 A.M. until 10:42 A.M. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF OLD AVENUE 1,200 FEET SOUTH OF PARMELE ROAD IN CASTLE HAYNE (CONTINUED ITEM FROM MAY 3, 1993) Chairman Greer opened the continued Public Hearing. Planning Director, Dexter Hayes, reported negotiations are underway to provide an al ternati ve easement to Mr. Steven C. Cahill, an adjacent landowner, whose property would be landlocked due to closing this portion of Old Avenue. The County is a candidate for a park grant by the Land and Water Conservation Fund with one of the criteria being that a dedicated road right-of-way cannot traverse a park site. Since an alternative route has been negotiated, the Planning Staff recommends approval of closing 40 feet of this unimproved right-of-way which is 1,450 feet long. Assistant County Attorney, Kemp Burpeau, reported Mr. Cahill has agreed to allow closure of Old Avenue contingent upon reserving and accepting a private easement over the property until Phase I has been completed at which time a permanent easement will be located. Chairman Greer inquired as to whether anyone present would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt an order closing a portion of Old Avenue as recommended by the Assistant County Attorney and Planning Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. PUBLIC HEARING TO CONSIDER SUBMISSION OF A COMMUNITY REVITALIZATION GRANT TO THE N. C. DEPARTMENT OF COMMERCE, DIVISION OF COMMUNITY ASSISTANCE FOR HOUSING REHABILITATION TO THE KIRKLAND COMMUNITY Staff Planner, Wanda Coston, reported on the Community Revitalization Application under the Community Development Block Grant Program. The County is requesting funds to be used for housing rehabilitation and sewer for residents and landowners of the Kirkland Community. The $600,000 grant will be used to assist in the financing of this project along with a County match of up to $250,000 from the Water and Sewer District Fund. A Program Area Committee will be established consisting of the following residents of the Kirkland Community to oversee the rehabilitation program. Also, it is recommended that a member of the Planning Board be appointed to serve on the committee if this is agreeable with the Board of County Commissioners. j ( MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 485 Odessa Spicer Annie Spicer Don Nixon Edith Shepherd Chairman Greer inquired as to how the County match of $250,000 will be budgeted? Staff Planner Coston reported $250,000 is to be budgeted over a period of three years from the Water & Sewer District Fund. () Chairman Greer opened the Public Hearing and inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: After discussion of Kirkland being a historic area with a concentrated need for housing rehabilitation and sewer, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution authorizing the Planning Department to submit a Community Revitalization Application under the Community Development Block Grant Program for funds to be used for housing rehabilitation in the Kirkland Community, and to accept the recommendation that a member of the Planning Board be appointed to serve on the Community Program Committee. 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 XXI, Page 5. UPDATE AND STATUS REPORT ON POTENTIAL ACQUISITION OF CSX RAIL LINE PROPERTY Chairman Greer reported on the number of persons concerned about the acquisition of CSX rail line property and recommended that a decision be made at this meeting by the Board of County Commissioners. () Planning Director, Dexter Hayes, reported this proposal originated from a national and state effort to preserve railroad corridors nationwide. Former Senator Franklin Block was very instrumental in developing the legislation in North Carolina to reflect the State's efforts to retain an interest in abandoned railroad lines in North Carolina. The State is now in the process of acquiring the CSX line between Castle Hayne and Wallace, N. C., because this is only rail line between the coast and the Piedmont. The County has been involved with an effort to acquire an easement from Kerr Avenue Northeast along Market Street to a point across from Green Meadows Road. This 2.67 mile corridor, which CSX proposed to abandon, provides New Hanover County an excellent opportunity to take advantage of existing federal legislation for rail-banking and interim trail use. New funds under the Federal Internodal Surface Transportation Efficiency Act of 1991 have been allocated for specific non-highway activities, including the preservation of abandoned railway corridors and the conversion of these trails for pedestrian and bicycle trails. North Carolina's allotment for these funds is $97 million. In summary, emphasis was placed on the need to preserve railroad corridors for future transportation use and the importance of this acquisition to New Hanover County for its future growth and development. There are very few good transportation links in the County because of the difficulty in acquiring rights-of-way. Use of this rail corridor as a bike trail would be very beneficial to the County. () Attorney Lonnie Williams, representing the property owners along the rail corridor, reported on the history of the easements given to the railroad and the manner in which this became the . . . ~ ~INUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 486 property of CSX Railroad. One reason for abandonment of the railroad was the hazard involved with crossing Market street, Smith Creek Parkway, and College Road. Using this rail line for a bike path would be a safety hazard as well as a matter of concern to businesses along the path. The acquisition costs will not be negligible as indicated by the County Manager because CSX cannot convey an easement as called for in the proposed document. If New Hanover County does attempt to exercise jurisdiction over this rail corridor, by reason of an easement, the County will face a number of condemnation law suits with property owners being entitled to recei ve compensation. Background information was presented on federal and state law involved with the taking of this property for public purpose. If a state or political entity is prepared to assume full responsibility for management of a right-of-way, any legal liability incurred becomes the responsibility of that entity. If New Hanover County acquires the CSX rail property for use as a bike path, all obligations or costs incurred with this transfer will become the responsibility of New Hanover County, which could become costly to the taxpayers. The Commissioners were requested to oppose the proposed acquisition. Ms. Camellia Herlevich, a local attorney, representing the North Carolina Coastal Land Trust, reported on an excellent opportunity to develop this land into a bike trail that will be beneficial to all citizens of the County. The N. C. Coastal Land Trust will be glad to assist the County in resolving some of the concerns of the citizens, which hopefully will create a good working relationship among the various segments of the community. The Commissioners were requested to allow the citizens of the community to discuss this matter before closing the door to this opportunity. Mr. Bob Jamieson reported on an opportunity to establish this rail line property as a bike trail for an interim use. The new Transportation Act of 1991 does provide funds to North Carolina for this type of development with the property under public control as the main criteria. The Commissioners were requested to allow further study of the issue before making a decision. Vice-Chairman Mathews commented on the railway banking system being an excellent idea but expressed concern for use of the property as a bike trail, which in his opinion, would not be safe. Also, it is very doubtful that this rail line would be worthwhile for future rail use. ' Commissioner sisson reported the City erects signs on bike trails requiring bikers to stop before crossing a road. The County could erect signs along this corridor with emphasis placed on the need to cautiously cross congested areas, such as Market Street. Certainly, riding a bicycle down Market Street, which is being done now, is no more dangerous than crossing Market Street. Also, if the County has to purchase rights-of-way in the future, the cost will be astronomical. He recommended allowing the citizens to meet with the N. C. Coastal Land Trust agency to see if concerns can be resolved before deciding on this matter. Commissioner Barone commented on being interested in acquisition of the rail line if the amount of property involved was larger, and expressed concern for the parties involved not being able to reach a compromise for such a small amount of property. Commissioner Caster commented on being an avid jogger and biker but stated, in his opinion, the trail is too short and the crossings are too dangerous for the proposed use. Chairman Greer expressed concern for the liabilities involved with the rail line acquisition. . J ( I MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 487 Motion: After further discussion, commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews not to pursue acquiring the rail line property. The floor was opened for discussion. commissioner Sisson inquired as to whether the Commissioners plan to develop future bike trails and recommended in future development plans, the County should include bike trails. Chairman Greer commented on the need to find funds in the amount of $9.8 million to develop the Castle Hayne and Ogden parks and stated, in his opinion, funds are not available at this time to develop bike trails. () Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson APPROVAL OF CONTRACT #93-0333 WITH BMS ARCHITECTS TO PERFORM DESIGN WORK FOR THE ANIMAL CONTROL FACILITY; APPROVAL OF PROJECT ORDINANCE; AND APPROVAL OF BUDGET AMENDMENT #93-047 County Manager O'Neal reported on the need for a new Animal Control Facility and presented a chronological schedule of events and actions that occurred in the process of hiring an architect to design the new facility. After months of review, the Animal Control Facility Task Force and County Staff recommend approval of a contract with BMS for design of the new facility. Also, the Commissioners are requested to approve a proj ect Ordinance and Budget Amendment for establishment of the project and accounting records. () The current budget contains $50,000 architectural fees. The proposed FY 1993-94 Budget contains two quarterly payments for construction, furnishings and contingency. The $600,000 construction budget contains all built-in cages and cleaning systems, which are an integral part of this total design. An additional $10,000 is required for furniture/fixtures and an additional $60,000 (10% of the proj ect) is required for contingency. commissioner Barone agreed with the need for a new Animal Control Facility but expressed concern for an architectural firm already being selected. She reported that a local architect could have performed the design work at a cost of approximately $20,000 to $30,000 less; therefore, would it be possible at this date not to accept the bid? County Manager O'Neal reported thirty letters were forwarded to architects in New Hanover County, the project was advertised, and four or five letters were forwarded to architects throughout the state. Four architects were interviewed: (1) BMS Architects, a local firm; (2) McKim and Creed, a local firm; (3) Boney Architects, a local firm; and (4) George Smart from Raleigh. The selection of BMS Architects was based upon their presentation. Chairman Greer reported the bidding process provided an opportunity for any local architect to submit a bid and recommended approval of the contract with BMS Architects as requested by staff. () Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the contract with BMS Architects in the amount of $40,000 for architectural fees; authorize the Chairman to execute the necessary contract documents; approve the Project Ordinance as presented; and approve the following Budget Amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: l . . . ,~. "IIIIl MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 488 Voting Aye: Commissioner Caster commissioner sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Budget Amendment #93-047 - Animal Control Shelter capital project Debit Credit Animal Control Shelter Capital Project Transfer from General (transfer to Capital Projects) $50,000 capital Project Expense (Architect and Engineering) $50,000 Purpose: To establish Architect and Engineering accounts for the Animal Control Shelter Capital Project. A copy of the Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 5. APPROVAL OF CONTRACT #93-0338 WITH ARCADIAN FERTILIZER L. P. FOR STEAM PURCHASE - WASTE-TO-ENERGY FACILITY (WTE) Environmental Management Director, Ray Church, requested approval of a steam purchase contract for the sale of steam from the Waste-to-Energy Facility to Arcadian Fertilizer L.P. The contract is due for renewal and has been re-negotiated with the following changes: 1) Housekeeping items, such as name change from W. R. Grace to Arcadian Fertilizer L. P. 2) Term of contract from 5 years to 3 years. Contracts of three years can be signed by the local plant manager; however, contracts for longer terms must be forwarded to the corporate office. 3) The elimination of condensate return from Arcadian. Previous experience with returned condensate has caused the Waste-to-Energy Facility problems due to extreme heat and contamination. The condensate quality does meet the WTE Facility specifications to be recovered. Arcadian will be responsible for the disposal of condensate at their facility. 4) Schedule S-l Computation of Bills: The schedule was modified to allow an "avoided cost" plan based on four alternative fuels. The new proposal equates to an approximate 9.1% increase in pricing to Arcadian based on #6 fuel oil. All of the alternative fuels would require substantially larger increases as well as an increase in steam sale revenues. Staff recommends approval of the cqntract with the new payment schedule beginning June 1, 1993. Motion: After discussion, Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the steam purchase contract with Arcadian Fertilizer L. P. as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. Discussion was held on scheduled maintenance as outlined in the Maintenance Prevention Plan. Director Church reported the facility was shut down as scheduled and the plant should be back in operation on Wednesday, May 19, 1993. ~ ( MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 489 Commissioner Barone inquired as to whether the County is investigating removal of cardboard from the wastestream. Director Church reported staff is investigating this matter and will keep the Board informed. BREAK Chairman Greer recessed the meeting for a break from 11:40 A.M. until 11:50 A.M. o DISCUSSION OF STATE NOTIFICATION REGARDING THE DEFICIENCIES OF THE DEPARTMENT OF SOCIAL SERVICES BUILDING Director of Social Services, Wayne Morris, reported on State notification that the Department of Social Services building is not in compliance with the revised State standards for office space. A corrective action plan must be submitted by June 17, 1993, in order to avoid the N. C. Department of Human Resources from withholding state and federal administrative funds. The primary deficiencies are offices without privacy and less than the minimum square footage for interviewing clients and use by supervisors. There was also some concern indicated about the "open space" (cubicle) office concept. The State previously found this concept out of compliance two years ago, but after an appeal, the findings were reviewed and the facility was not considered deficient. The Commissioners were requested to consider the following options: 1) Appeal the findings. 2) Appoint a committee to develop alternative solutions to the space problem. 3) Appropriate funds for outposting staff. () Vice-Chairman Mathews inquired as to why the State approved this concept and is now concerned about the open space concept? Director Morris reported when DSS first moved into the facility in 1988 a few comments were received pertaining to the open space concepti however, a new inspector visited the facility in 1990 and reported the building did not comply to State standards. Upon receipt of the letter, the Regional Inspector from Raleigh was invited to spend a day in the building to observe the open space concept. After a visit by the Regional Inspector, this concept was considered to be in compliance with State standards. Since that time, this design has been used in other DSS buildings throughout the state. commissioner Sisson inquired as to whether non-office space can be reworked to relieve the space needs? Director Morris responded all conference rooms and usable space have been converted to office use. commissioner Sisson presented the following options: () ~- - 1) Implementation of flex time schedule to allow the sharing of office space and field space. Director Morris reported a modified flex schedule has been used for ten yearsi however, many positions cannot be scheduled on flex time. 2) Negotiate with the city to lease old buildings for the additional space needed on an interim basis. Director Morris reported he will be glad to work with the CitYi however, with a majority of persons receiving public assistance from the housing proj ects, the building must be centrally located within the community. . . . ~ MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 490 3) Consider outposting positions? Director Morris reported on additional costs for leasing space, telephone lines, furnishings, electr ici ty , and copiers when outposting positions. County Manager O'Neal reported that outposting positions creates a more costly method of operation wi th divisions of departments being separated in different buildings as well as the need for more equipment. An option to consider is to appoint a committee to submit alternative solutions for resolving the space problem with the membership composed of the DSS Director, a County Commissioner, a member of the DSS Board, the Deputy County Manager, and the County's Internal Auditor. Motion: After further discussion, commissioner Barone MOVED, SECONDED by Commissioner Sisson to appoint a DSS Study Committee to consider alternatives and current space needs for the DSS Building. A report is to be received within 90 days and the Committee is to be composed of the following persons: (1) the DSS Director, (2) a DSS Board Member; (3) a County Commissioner; (4) the Deputy County Manager; and (5) the County's Internal Auditor. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consensus: It was the consensus of the Board to appoint a County Commissioner to serve on the DSS Study Committee at the regular meeting scheduled for June 7, 1993. APPROVAL OF TWO SOCIAL WORKER II POSITIONS IN THE CHILD SERVICES COORDINATION PROGRAM - HEALTH DEPARTMENT Director of Health, Robert S. Parker, reported on the need to hire two Social Worker II positions in the Health Department to handle the caseloads in the Child Services Coordination Program. The positions will be totally self-supporting through revenues earned from Medicaid, and salaries will be paid by lapsed salary funds in that program's budget. Emphasis was placed on the need to provide services to the number of at-risk children that are being born with many functional disabilities and medical problems due to the use of drugs. These children, as well as parents, are desperately in need of services, and the Health Department is trying to perform early diagnosis of developmental and medical problems in order to prevent future medical and mental problems. Prevention is the only way to serve these at-risk children. Currently, there are 27 children in need of services and approval of the two Social Worker II positions will allow these children to be served. Chairman Greer explained he could not support the new positions because he feels the Health Department should not be performing social work. Commissioner Barone objected to the practice of hiring Social Workers in the Health Department and recommended seeking another alternative to provide services to these at-risk children. Vice-Chairman Mathews inquired as to the Medicaid match on the total program. Health Director Parker reported the match will be 5% of $250,000, which is approximately $12,500. Commissioner Sisson reported, as a health care provider, programs that keep children out of specialty care save thousands of dollars. Early diagnosis of problems allows for the prevention of future medical problems. Chairman Greer inquired as to whether he should vote on this issue since he serves on the Board of Health. It was the consensus of the Board that Chairman Greer does not have a conflict and should vote. " ~ MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 491 Motion: commissioner sisson MOVED, SECONDED by Commissioner Caster to approve the two full time social Worker II positions at the Health Department. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer o DISCUSSION OF THIRD PARTY APPEALS AT THE ADMINISTRATIVE LEVEL ON ISSUANCE OF ENVIRONMENTAL PERMITS City Attorney, Tom Pollard, reported when the State of North Carolina makes a decision concerning the issuance or denial of permits for discharges to the surface waters of the State, there are two methods or procedures for seeking review of the decision. The method to be used depends upon the status of the person seeking review. A permit applicant who is dissatisfied with the Environmental Management Commission's decision relating to a discharge permit can petition for a contested case hearing in the Office of Administrative Hearings. In an Office of Administrative Hearings proceeding, parties have the right to present evidence concerning the permitting decision. In addition, parties have the right to cross-examine adverse witnesses and make a discovery similar to that allowed in a civil court proceeding. Parties other than permit applicants (i.e., third parties) have no right to seek review of a permitting decision in Office of Administrative Hearings. The only method for reviewing the decision is to file a petition for review in Superior Court. The review of an agency decision by the Superior Court is more limited than the review by the Office of Administrative Hearings. The Superior Court is generally limited to a review of the record developed by the agency in making the permitting decision. The Superior Court's determination is restricted to whether or not the agency's decision is supported by the record and in compliance with the law. The parties to a jUdicial review proceeding do not have the right to present evidence, cross-examine witnesses or undertake discovery. () The issue is whether or not those persons who might be impacted by a proposed wastewater discharge should be allowed to participate in a full evidentiary hearing in the Office of Administrative Hearings. Enactment of House Bill 702 would provide some third-party appeal rights. Commissioner Sisson commented on the importance of allowing third-party participation in the permitting process and recommended adopting a resolution in support of allowing third parties to participate in the development of administrative record on issuance of environmental permits. This would afford the County an opportunity to have input into issues that could negatively impact the County. Motion: Commissioner Sisson MOVED to adopt a resolution in support of allowing third parties to participate in the development of administrative record relating to issuance of environmental permits. The floor was opened for discussion. () commissioner Caster expressed concern for allowing everyone to become involved in the appeals process. commissioner Sisson reported a few people will abuse the system; however, under the current law the third party is excluded from cross-examining persons to see if the information is correct. Chairman Greer called for a SECOND ON THE MOTION. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. l "'IIIIl MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 492 Chairman Greer, on behalf of the Board, expressed appreciation to City Attorney, Tom Pollard, for the informative presentation. . CONSIDERATION OF RESOLUTION FORMAT FOR AGENDA ITEMS Commissioner sisson reported on the need to streamline the decision making process and reduce the volume of information contained in agenda packets. Due to the amount of information being received, it is difficult to focus on the primary issue with the volume of reading material presented. The City of Wilmington uses a resolution format to guide them in making decisions and this procedure seems to work well. Even though the County Manager is not in favor of this idea, he feels this matter should be discussed. Chairman Greer recommended an agenda format based on a combination of the present manner in which agenda items are prepared and use of resolutions when appropriate. County Manager O'Neal expressed concern for creating a resolution on issues before actual action is taken. Preparing resolutions is time consuming and would create difficulty in complying to the agenda deadline. Also, the new format presented at the last meeting was an attempt to capsulize the item so that attention would be focused on the primary issue. Hopefully, this new form will cut back on the volume of paper and at the same time provide a brief accurate description of the action being requested. Municipalities are more involved with public work activities; therefore, resolutions are more appropriate. . Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to allow the County Manager to determine how agenda items should be presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. LUNCH Chairman Greer recessed the meeting for lunch from 1:15 P.M. until 1:45 P.M. CONSIDERATION OF LEGISLATIVE ISSUES Legislation Pertaining to Increase in State Aid to Libraries County Manager O'Neal reported on HB 530 and SB 534 to increase State Aid to Libraries by $1,000,000. Library Director, David Paynter, has requested support of these bills. Deputy County Manager, Mary Gornto, reported one portion of funds would supplement the current State aid received by counties and cities, and the other portion of funds would be used for construction projects. Consensus: After discussion, it was the consensus of the Board to discuss this item at the next Legislative Coordinating Council meeting scheduled for May 24, 1993. . Support of HB 968 - Restriction of Forced Annexations County Manager O'Neal reported on HB 968 to restrict forced annexations and stated the bill would require voter approval before areas can be annexed. Consensus: It was the consensus of the Board to support HB 968. Discussion of Bill Pertaining to Emergency Medical Services (EMS) Deputy County Manager, Mary Gornto, reported on bills introduced relati ve to ambulance transportation costs paid by nursing homes. The Commissioners supported the proposed legislation which would have required nursing homes to pay for EMS services. However, this bill is not moving as anticipated and rest homes have been included in the legislation. This does present a problem since nursing homes are provided funding for ambulance services and rest homes are not. Once more information is ~ ( MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 493- received, the Commissioners will be provided the latest amendments to the bill, at which time, the Board can ascertain if they wish to support the legislation. Discussion of HB 263 for Centralization of State Motor Fleet into One Centralized System Deputy County Manager, Mary Gornto, reported HB 263 is a proposal for the state to centralize its motor fleet operation into one centralized system. If this bill is enacted, the County will be required to pay more for the services rendered by the N. C. Forestry Service. The current contract with the Forestry Service is based upon the cost of the vehicles and number of personnel stationed in New Hanover County. Due to an increase to the Forestry Service, this cost would be passed to the County. The Commissioners were requested to go on record requesting an amendment to the proposed legislation for exclusion of the N. C. Forestry Service. () Consensus: After discussion, it was the consensus of the Board to support amending the proposed legislation to exclude the N. C. Forestry Service from HB 263. COMMITTEE APPOINTMENTS APPOINTMENTS TO THE CAPE FEAR COAST CONVENTION & VISITORS BUREAU Commissioner Barone reported Kure Beach Councilman, Kip Darling, has withdrawn his name and does not wish to be considered for the Lodging representative vacancy. Chairman Greer reported three vacancies exist on the Convention & Visitors Bureau as follows: 1 At-Large Member 1 Lodging Representative 1 Market, Advertising & Public Relations Member () Five applications have been received for the At-large vacancy, and Bob Jenkins is eligible and desires reappointment. Chairman Greer opened the floor to receive nominations. commissioner Barone nominated Nancy Bedford to serve as the At-large representative. The nomination was seconded by Vice- Chairman Mathews. commissioner Sisson recommended reappointment of Bob Jenkins as the At-large representative. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Nancy Bedford to serve a three-year term as the At-large representative on the Convention & Visitors Bureau. The term is to expire May 31, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer () Voting Nay: Commissioner Sisson Chairman Greer reported two applications have been received in the Lodging category with Jay Kapner eligible for reappointment; however, since Kip Darling has withdrawn his application, would the Board be in favor of reappointing Jay Kapner? Consensus: It was the consensus of the Board to reappoint Jay Kapner to serve a three-year term on the Convention & Visitors "IIlI1 lJt ~ '';'' MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 494 Bureau to expire May 31, 1996. UNANIMOUSLY. Upon vote, the MOTION CARRIED . Chairman Greer reported the Marketing, Advertising and Public Relations representative is an appointment that is alternated between the City and County. It is now the County's turn to appoint a person to fill the category. Two applications have been received with Ralph Godwin eligible for reappointment. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to reappoint Ralph Godwin to serve a three-year term on the Convention & Visitors Bureau as the Marketing, Advertising and Public Relations representative. The term is to expire May 31, 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS TO NEW HANOVER COMMISSION FOR WOMEN Chairman Greer reported six vacancies exist on the Commission for Women. Eight applications have been received and four persons are eligible and desire reappointment: Doris J. Boone; Carolyn Brown; Brenda B. Junious; and Aida Toplin. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to reappoint Doris J. Boone; Carolyn Brown; Brenda B. Junious; and Aida Toplin to serve three-year terms on the New Hanover Commission for Women with the terms expiring May 31, 1995. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer . Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer opened the floor to receive nominations for the remaining vacancies. commissioner Sisson nominated Helena Lee. Commissioner Barone nominated Margaret S. Best and Judith P. Moore. The nomination was SECONDED by Commissioner Caster. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, Margaret S. Best and Judith P. Moore were appointed to serve three-year terms on the Commission for Women with the terms expiring May 31, 1995. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson . POSTPONEMENT OF APPOINTMENT TO THE BOARD OF FIRE COMMISSIONERS Commissioner Sisson requested postponement of an appointment to the Board of Fire Commissioners until the By-laws have been more clearly defined. Consensus: It was the consensus of the Board to postpone filling the vacancy on the Board of Fire Commissioners as requested by Commissioner Sisson. REAPPOINTMENT OF JAMES E. MOORE TO SERVE ON THE INSURANCE ADVISORY COMMITTEE Chairman Greer reported Insurance Advisory Committee. however, Mr. James E. Moore is that one vacancy exists on the No applications were received; willing to serve a third term. ....4 MINUTES OF REGULAR MEETING, MAY 17, 1993 PAGE 4'9:5 Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to reappoint Mr. James E. Moore to serye another three-year term on the Insurance Advisory Committee. The term will expire June 8, 1996. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF SYLVIA ROUNTREE TO SERVE ON THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES Chairman Greer reported one vacancy exists on the Hospital Board of Trustees to fill the unexpired term of George Diab. Fifteen applications have been received. o Chairman Greer opened the floor to receive nominations. Vice-Chairman Mathews nominated Sylvia Rountree. The nomination was SECONDED by Commissioner Caster. commissioner Sisson nominated Cheri H. Allen and emphasized the importance of appointing an average citizen to fill the vacancy on the Hospital Board of Trustees in order to provide at-large representation. Vote: Chairman Greer called for a vote to appoint Sylvia Rountree to fill the unexpired term of George Diab. The term is to expire September 30, 1995. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson MEETING RECONVENED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Greer convened from Regular Session at 2:04 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Chairman Greer reconvened to Regular Session at 2:19 P.M. EXECUTIVE SESSION Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene to Executive Session to discuss a property matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 2:12 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Chairman Greer reconvened to Regular Session at 2:45 P.M. () ADJOURNMENT Chairman Greer adjourned the meeting at 2:46 P.M. Respectfully submitted, ~~:!~ Clerk to the Board I l