Board Minutes

May 2, 2005

The Bladen County Board of Commissioners met in regular session at 6:30 p.m. in the Commissioners’ Room of the Courthouse with the following members present:

Attorney Wil Johnson, Johnson Law Firm

WHEREAS, Sybil Neill was born in Columbus County on August 31, 1938 to Wiley Lee and Lizzie Neill. She attended school in Elizabethtown, and later married Frederick Britt. To this union three children were born, Janet, Suzanne, and Emily; and,

WHEREAS, Ms. Britt was a devoted public servant, serving in the Mapping Department of the Bladen County Tax Office from August 16, 1985 through December 1, 2000; and,

WHEREAS, Ms. Britt was a longtime member of Bladenboro First Baptist Church where she was active in the Social Committee, Flower Committee, and Shut-In Associates Committee. She was a charter member of “The Junior Readers Guild” Book Club and enjoyed the fellowship with its members. Ms. Britt was an active participant in her Sunday School Class projects, such as visiting area group homes and adult care homes. She was a person who enjoyed enabling others with her positive outlook on life; and,

WHEREAS, the people of Bladen County have, by her death on March 25, 2005, lost a great friend, and a valued member of the community; and,

WHEREAS, for her contributions to the improvements in the quality of life in this County, she will long be remembered in Bladen County; and,

NOW, THEREFORE BE IT RESOLVED, by members of the Bladen County Board of Commissioners that on behalf of the people of Bladen County, we do hereby express to the family of Ms. Sybil Britt, our heartfelt expression for the life and work of Ms. Britt in our midst and our belief that the memory of her good works and character will be and remain an inspiration to many and a blessing to all;

Approve Lease Agreement with North Carolina Department of Agriculture:

STATE OF NORTH CAROLINA

COUNTY OF BLADEN

THIS LEASE AGREEMENT, made and entered into this by and between County of Bladen, Agricultural Service Center, Inc., Ice Plant Road, P. O. Box 1048, Elizabethtown, North Carolina, hereinafter referred to as Lessor, and the STATE OF NORTH CAROLINA, hereinafter referred to as Lessee.

THAT WHEREAS, authority to approve and execute this lease agreement was delegated to the Department of Administration by resolution adopted by the Governor and Council of State on 1 st day of September, 1981; and

WHEREAS, the Department of Administration has delegated to the Department of Agriculture the authority to execute this lease agreement by a memorandum dated the 26th day of March, 1982; and

WHEREAS, the parties hereto have mutually agreed to the terms of this lease agreement.

NOW, THEREFORE, for and in consideration of the premises and the rentals herein agreed to be paid, Lessor hereby leases to Lessee and Lessee hereby takes and hires from Lessor office space to house three N.C. Department of Agriculture and Consumer Services Plant Protection Inspectors and one Plant Protection Aide to be based in Elizabethtown, North Carolina, and more particularly described as follows:

Office space to be leased includes space for two offices and a large storage area containing approximately 387 square feet at Bladen County Agricultural Service Center, located at Ice Plant Road, P.O. Box 1048, Elizabethown, North Carolina. (Office space drawing attached).

THIS LEASE IS GRANTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. The rental to be paid to Lessor by Lessee shall be THREE HUNDRED TWENTY-TWO AND 50/100 DOLLARS ($322.50) per month payable in advance. Said rental shall commence on the _1 st day of January, 2005, and shall be paid on a month to month basis until the end of the term hereof. All payments of rent shall be payable to County of Bladen, c/o Agricultural Service Center, P. O. Box 1048, Elizabethtown, North Carolina 28337.

2. The term of this lease shall be for a period of THREE (3) years beginning on the 1st day of January, 2005 and ending on the 31th day of December, 2007.

3. The premises herein demised shall be used by Lessee only as an office for Plant Protection Inspectors and their aide(s) involved in the Witchweed Eradication Program under the direction of the Plant Industry Division, North Carolina Department of Agriculture & Consumer Services.

4. It is understood and agreed that Lessor shall, at the beginning of said lease term as hereinabove set forth, have the leased premises in a condition satisfactory to lessee, including repairs, painting, partitioning, remodeling, plumbing and electrical wiring suitable for the purpose for which the leased premises will be used by Lessee.

5. During the lease term, the Lessor shall keep the leased premises in good repair and tenantable condition, to the end that shall include, but is not limited to, furnishing and replacing electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if applicable and broken glass. In case Lessor shall, after notice in writing from the Lessee in regard to a specified condition, fail, refuse, or neglect to correct said condition, or in the event of an emergency constituting a hazard to the health or safety of the Lessee's employees, property, or invites, it shall then be lawful for the lessee, in addition to any other remedy the lessee may have, to make such repair at its own cost and to deduct the amount thereof from the rent that may then be or thereafter become due hereunder. The Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make necessary repairs to the premises.

6. The Lessee shall have the right during the existence of this lease, with the Lessor's prior consent, to make alterations, attach fixtures and erect additions, structures or signs in or upon the leased premises. Such fixtures, additions, structures or signs so placed in or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the Lessee and may be removed therefrom by the Lessee prior to the termination of this lease or any renewal or extension thereof, or within a reasonable time thereafter.

7. If the said premises be destroyed by fire or other casualty, without fault of the Lessee, this lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruction or damage by fire or other casualty without fault of the Lessee, so as to render the premises untenable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. During such period of repair, Lessee shall have the right to obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving fifteen (15) days written notice to the Lessor.

8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a direct result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could reasonably have complied with said requirement.

9. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in as good order and condition as when received, reasonable use and wear and damage by fire, war, riots, insurrection, public calamity, by the elements, by act of God, or by circumstances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. The Lessee shall have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premises altered by it. In the event Lessee elects to remove his improvements or fixtures and such

removal causes damage or injury to the demised premises, Lessee will repair only to the extent of any such damage or injury.

10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and agreements herein contained, shall at all times during the existence of this lease peaceably and quietly have, hold, and enjoy the leased premises from the adverse claims of any person.

11. Any holding over after the expiration of the said term or any extension thereof, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so far as applicable; however, either party shall give not less than sixty (60) days written notice to terminate the tenancy.

12. The parties to this lease agree and understand that the continuation of this Lease Agreement for the term period set forth herein, or any extension or renewal thereof, is dependent upon and subject to the appropriation, allocation or availability of funds for the purpose to the agency of the Lessee responsible for payment of said rental. The parties to this lease also agree that in the event the agency of the Lessee or that body responsible for the appropriation of said funds, in its sole discretion, determines in view of its total local office operation that available funding for the payment of rents is insufficient to continue the operation of its local offices on the premise leased herein, it may choose to terminate the lease agreement set forth herein by given Lessor written notice of said termination and the lease agreement shall terminate immediately without any further liability to the Lessee.

13. Lessor agrees to furnish to the Lessee, as a part of the consideration for this Lease, the following services and utilities to the satisfaction of the Lessee:

A. Heating facilities, air conditioning facilities, electrical facilities, adequate electrical facilities, adequate lighting fixtures and sockets, hot and cold water facilities, and adequate toilet facilities.

B. All utilities except telephone.

C. Maintenance and cleaning of lawns, shrubbery, sidewalks and parking areas.

D. Elevator Service

E. Parking

personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice.

WHEREAS, on August 20, 2001, Shelby Burch was appointed as a Review Officer in the Bladen County Mapping Department; and,

WHEREAS, Ms. Burch is no longer an employee in the Bladen County Mapping Department; and,

NOW THEREFORE, BE IT RESOLVED, effective May 2, 2005, Shelby Burch is being removed from the records as a Review Officer.

BE IT FURTHER RESOLVED, that a copy of this Resolution will be recorded in the Bladen County Register of Deeds Office.

WHEREAS, S.L. 1997-309(S875) makes a number of significant changes in the procedures for recording maps and plats; and,

WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to a Review Officer; and,

WHEREAS, the new G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person to serve as Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; and

WHEREAS, it is the desire of the Bladen County Board of Commissioners to insure an expeditious review of all maps and plats as required by G.S. 47-30.2 before they are presented to the Register of Deeds for recording.

NOW THEREFORE, BE IT RESOLVED, effective May 2, 2005 that Maria Perez in the Bladen County Mapping Department is hereby appointed to perform all responsibilities as required for Review Officers under the appropriate North Carolina General Statutes.

BE IT FURTHER RESOLVED, that a copy of this Resolution designating the Review Officers be recorded in the Bladen County Register of Deeds Office and indexed in the name of the Review Officer.

The Bladen County Jail and Dr. Don W. Creed hereby enter into this agreement on the 9` h day of May 2005 according to the following terms:

l. Dr. Don W. Creed will provide professional services for the Bladen County Jail under the title of Medical Director, to include:

• Provide primary medical care to the inmates housed at the jail, utilizing the facilities and supplies provided by the Bladen County Jail.

• Document patient encounters, utilizing forms and other materials provided through the Bladen County Jail.

• Offer telephone consultation to jail staff, including after-hours calls, regarding possible urgent/emergency inmate health matters.

• Provide phone consultation and orders for the Bladen County Jail nurse as appropriate.

• Refer inmates to specialists as appropriate under sound managed care/utilization control principles.

• Review and either approve, revise or reject any orders or recommendations made by other physicians on behalf of jail inmates.

• Attend scheduled quality assurance meetings facilitated by the consultant, to include review of managed care/utilization control principles.

• Develop and/or authorize nursing protocols as appropriate.

• Review, approve and assist in the development of healthcare related policies and procedures as appropriate.

• Apply sound managed care/utilization control principles in pursuit of adequate yet cost-effective inmate medical care, including the use of formulary medications when appropriate.

2. For satisfactory services as jail Medical Director, Dr. Don W. Creed will be retained at a compensation level of $335.00 per visit to jail, payable in arrears, according to State regulations governing County disbursements to vendors. Dr. Don W. Creed will send an invoice and claim voucher to the Bladen County Jail at the end of each month.

3. Dr. Don W. Creed will visit the Bladen County Jail at least twice per week and be available for telephonic and/or facsimile communication from Bladen County Jail between on-site visits.

4. The professional fees paid under this Agreement apply to routine physician services rendered to inmates at the Bladen County Jail. However, office visits and any other such ancillary or diagnostic services as may be provided at the Medical Director's office (such as lab tests, x-rays studies, etc.) are not covered under this agreement and may be billed separately, with the understanding that such services will be rendered under sound managed care principles. Copies of the medical documentation resulting from any office­based encounters will be provided for filing with the individual inmate's medical record at the Bladen County Jail.

5. Dr. Don Creed will provide general liability malpractice insurance in the amount of $1,000,000/$3,000,000 or greater.

6. Either party may dissolve this agreement upon written 60 days notice to the other party.

7. This agreement shall terminate June 30, 2006 but maybe renewed on an annual basis with sixty (60) days prior notice to termination date.

Update Regarding State Health Plan – Ms. Casey Herget and Ms. Beverly Harris updated the Board regarding the State Health Plan. The present plan includes a $350 deductible per person per year, anticipating a premium increase of 15%; Prescription copays will increase between $5 and $10; Out of pocket increase from $1,500 to $2,000; Anticipating increases as follows: Employee $278 to $329; Employee/Child $178 to $205; Employee/Family $447 to $491; County will have to put retirees on the plan – Over age 65 = $217 per month providing a drug benefit; Under age 65 = $329 for Medicare retirees.

Ms. Herget advised that there will be a mandatory health risk assessment for all State Employees. She discussed the NC Health Smart Wellness and Disease Management product. Ms. Herget indicated that this information provides information on risk factors and will lead to a varity of incentives for everyone. There will be an 800 nurse line and a health coach available to assist smokers until they quit smoking.

Ms. Herget advised that for budgetary purposes, a 15% increase should be used for premium calculations.

Ms. Mary Kemp and Ms. Janice Kemp addressed the Board regarding the addition of Lucy Drive to the State Maintained System. Ms. Kemp indicated that necessary paper work has been submitted to the Department of Transportation, but there is no clear date as to when the State will take over the maintenance of Lucy Drive. She advised that utility companies and emergency response vehicles are refusing to drive their equipment down Lucy Drive due to potential liabilities. Ms. Kemp asked for assistance from the Board of Commissioners to get the project moved ahead in a faster way.

Public Hearing Regarding Zoning Ordinance Text Amendment – Vice Chairperson Margaret Lewis-Moore declared the public hearing regarding Zoning Ordinance Text Amendment opened.

Amendment 9 - Planning Director Greg Elkins discussed the proposed text amendments to the Zoning Ordinance. Questions arose regarding Family Cemeteries located on a minimum 5-acre parcel. Mr. Elkins advised that he would take the stated concerns back to the Planning Board for consideration. No action was taken regarding Amendment 9, Family Cemeteries.

Amendment 10 – Solid Waste Convenience Sites – A motion was made by Charles Ray Peterson, seconded by Delilah B. Blanks to approve Solid Waste Convenience Center Sites amendment. The vote was unanimous.

There were no further public comments and the hearing was declared closed.

Public Hearing Regarding Subdivision Ordinance Text Amendment – Vice Chairperson Margaret Lewis-Moore declared the public hearing regarding Subdivision Ordinance Text Amendment opened.

Planning Director Greg Elkins reviewed text amendment recommendations as submitted by the Planning Board. The changes referred to Page 3, Section 206; Page 4, Section 302 and 303; Pages 4,5,7, Section 304; Page 8, Section 305; Pages 8, 9, Section 306.1; Pages 11, 14, Section 307.3; Page 18, Section 404.2; Page 19, Section 405; Page 26, Section 504. A motion was made by Lewis Tatum, seconded by W. D. Neill, Jr. to approve text amendments for the Bladen County Subdivision Ordinance. The vote was unanimous.

There were no further public comments and the hearing was declared closed.

Hospital Administrator David Masterson addressed the Board regarding possible financing for CT Equipment. Mr. Masterson advised that Bladen County Hospital has an opportunity to lease a new state of the art 16-slice CT scan. He explained that because technology is changing so quickly, the Hospital’s current CT scan, leased thirty months

ago, is quickly becoming obsolete. He further explained that if Bladen County Hospital does not upgrade its CT technology, its current referral base will erode in favor of the same service provided in neighboring counties. Mr. Masterson advised that the Hospital Board of Trustees approved a lease arrangement with Philips Medical Capital at a cost of $715,000 to upgrade its current Siemens dual slice CT scan. He further advised that it is a sound investment for our hospital and does not impact the cash flow in the first year of the lease. Mr. Masterson advised that the lease includes the financing of an obligated buy-out on the operational lease with Siemens, as well as the lease of the new equipment, cost of removal and installation of equipment and the maintenance of the equipment beyond the initial one-year warranty.

Consider Loan Agreement – Mr. Masterson presented a request to the Board of Commissioners at its April 18 meeting regarding a loan to assist the hospital with vendor payments. Board members had requested additional time to study the request before voting on it and decided that the matter should be revisited during the May 2, 2005 meeting.

Mr. Masterson advised that he was addressing the Board as a follow-up to the April 18 meeting. He indicated that a contract needed to be in place to repay the County and to be shown on Hospital records as a valid accounts payable. Mr. Masterson advised that at the request of the Board of Commissioners, the contract was drafted with no interest charged by Bladen County.

A motion was made by Billy Ray Pait, seconded by Delilah B. Blanks to approve a no interest loan agreement between Bladen County and Bladen County Hospital.

The vote was unanimous.

THIS CONTRACT AND AGREEMENT, made and entered into this the 21st day of April, 2005, by and between THE COUNTY OF BLADEN, a body politic and corporate, party of the first part and BLADEN COUNTY HOSPITAL, party of the second part. WITNESSETH: WHEREAS, the County of Bladen has agreed to extend to Bladen County Hospital a no interest loan to assist the hospital with vendor payments and Bladen County Hospital has agreed to repaid said loan to the County of Bladen under certain repayment terms.

NOW, THEREFORE, in consideration of the foregoing and the sum of TEN AND '' NO/100 ($10.00) DOLLARS, the parties hereto agree as follows: 1. That the COUNTY OF BLADEN agrees to loan to BLADEN COUNTY HOSPITAL a total sum of FIVE HUNDRED THOUSAND AND NO/100 ($500,000.00)

DOLLARS, with no interest, to be disbursed to Bladen County Hospital at the rate of FIFTY THOUSAND AND NOi100 ($50,000.00) DOLLARS per month, beginning in May of 2005 through February of 2006. 2. That BLADEN COUNTY HOSPITAL agrees to repay to the COUNTY OF BLADEN, said sum as follows: Eleven (11) payments of FORTY ONE THOUSAND SIX HUNDRED SIXTY SEVEN AND NO/100 ($41,667.00) DOLLARS, beginning in March of

2006 and a final payment of FORTY ONE THOUSAND SIX HUNDRED SIXTY THREE AND NO/100 ($41,663.00) DOLLARS to be due in February of 2007.

Mr. Masterson concluded his presentation by inviting the Board of Commissioners to a Strategic Planning Dinner scheduled to be held on Thursday, May 12, 2005.

The Board recessed briefly.

Consider Establishment of a Congregate Nutrition Site in Clarkton – Division on Aging Director Joan Allen requested consideration of opening a Congregate Nutrition Site for senior adults in Clarkton. She indicated that she has had numerous requests from that area for the program. Ms. Allen advised that the Home and Community Care Block Grant Funding will support another site and the County would be reimbursed 90% of the program. She further advised that the program would begin with an estimate of 15 participants each day and the cost of meals would total approximately $9,400 per year. Ms. Allen also stated that this addition to the County’s nutrition program services would make it possible to insure the allowable funding for Bladen County seniors to remain in Bladen.

Update on BARTS Operations – Ms. Joan Allen and Transportation Director Kent Porter provided an overview of the Bladen Area Rural Transportation System’s operations for a one week period of time. They explained how the office tries to utilize its resources to incorporate as many trips as possible to accommodate the citizens of Bladen County. Commissioner Margaret Lewis-Moore asked Ms. Allen if any routes have been closed and Ms. Allen responded that no routes have been closed, but they do have a position that has not been filled.

Consider Performance Agreements with Cedartown, LLC and Dupont – A motion was made by Charles Ray Peterson, seconded by Lewis Tatum to approve Performance Agreements Contracts with Cedartown, LLC and Department of Commerce and Dupont and Department of Commerce. Commissioner Larry Smith asked if the County would have to repay the contract if Cedartown does not produce jobs. Economic Developer Chuck Heustess provided a response to Mr. Smith’s question. It was understood that the County is liable to repay the money if the money goes from the Department of Commerce to the Company and if the County is able to collect the money from the company. Vice Chairperson Moore called for a vote on the motion. The vote was unanimous.

Consider Fire District Requests – Emergency Services Director Mitchell Byrd advised that Tar Heel Fire District is requesting $20,000 from its cash management account to purchase new firefighting gear. A motion was made by Lewis Tatum, seconded by Billy Ray Pait to approve Tar Heel Fire District’s request for $20,000 to purchase firefighting gear. The vote was unanimous.

Kelly Fire District – Mr. Byrd advised that Kelly Fire District is requesting $5,000 from its cash management account to cover the cost of installing a deep well to assist in providing water for firefighting. A motion was made by Billy Ray Pait, seconded by W. D. Neill, Jr. and approved for Kelly Fire District to transfer $5,000 from its cash management account for the purpose of installing a deep well to assist in providing water for firefighting.

Tobermory Fire District – Mr. Byrd advised that Tobermory Fire District is requesting $90,000 from its cash management account to add additional vehicle bays to the existing building. A motion was made by James G. Smith, seconded by Delilah B. Blanks and approved for Tobermory to transfer $90,000 from its cash management account to add additional vehicle bays to the existing building. Commissioner Neill questioned whether blueprints have been provided regarding the additional vehicle bays. Mr. Byrd indicated that he could get the blueprints to the County Manager for review.

Update on 6 Mile Fire Districts – Mr. Byrd advised that fourteen out of fifteen fire departments have requested to expand their present fire districts from five miles to six miles. He further advised that this will provide the citizens in that extra mile the opportunity to purchase insurance at an insurance rate of 9 instead of their present rate of 10. Mr. Byrd advised that if the request is approved, it will save the average household approximately $150 per year on their homeowner’s insurance. He also advised that the maps have been approved by the North Carolina Department of Insurance. Mr. Byrd indicated that the next step in the process will be to expand the new lines and change the tax rate under General Statute 153A.

Elizabethtown Planning and Zoning Commission (ETJ) – A motion was made by Delilah B. Blanks, seconded by Billy Ray Pait and approved to appoint Mike Cogdell to the Elizabethtown Planning and Zoning Commissioner effective immediately with expiration date of January 7, 2009.

Calendar Update – The County Manager updated the Board regarding upcoming events. Mr. Martin discussed Legislative Assembly Day scheduled to be held in Raleigh on May 25, 2005. He asked the Board members to notify his office regarding attendance.

Schedule Budget Meeting and Joint Meeting with Elizabethtown Town Council and Airport Commission – A motion was made by Charles Ray Peterson, seconded by Billy Ray Pait to approve scheduling a joint meeting with Elizabethtown Town Council and Airport Commission on Tuesday, May 10, 2005 at 7:00 p.m. and a budget meeting on Monday, May 23, 2005 at 6:30 p.m. The vote was unanimous.

Consider Closed Session – A motion was made by Billy Ray Pait, seconded by Larry Smith and approved to enter Closed Session in accordance with N.C.G.S. 143-318.11(a)(1)(5).

A motion was made by W. D. Neill, Jr., seconded by Delilah B. Blanks and approved to reenter Regular Session.