Loading...
2006-10-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 689 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 16, 2006, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Carl Byrd, Director of the Human Relations Department, gave the invocation. Commissioner Davis 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 remove an item from the Consent Agenda for discussion. On discussion of Consent Agenda Item #2 - Approval of Board Meeting Calendar for 2007, Vice- Chairman Caster requested that the Board meetings on March 12, 2007 and August 13,2007 begin at 1 p.m. Commissioner Kopp requested Parks Director Neal Lewis report on Consent Agenda Item #8 - Adoption of Resolution Approving the Purchase of Five Lighting Systems for Veterans Park. Parks Director Neal Lewis reported that five lighting systems are proposed for installation at the Veterans Park softball and soccer fields stating that the funds for these improvements are included in the approved Parks and Recreation Bond Referendum. Hearing no further discussion, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as revised. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as revised. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Acceptance of Landfall Grant Award and Approval of the Associated Budget Amendment - Juvenile Day Treatment Center The Commissioners accepted funds on behalf of the Juvenile Day Treatment Center from a Landfall Grant in the amount of $2,860 and approved the associated budget amendment #07-060. The funds will be used to purchase computer furniture and a digital camcorder for the computer lab. No local match is required. Bud2et Amendment Number: 07-060 Devartment: Juvenile Dav Treatment Center/NHCS BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Supplies Decrease Increase $2,860 Revenue Landfall Grant Decrease Increase $2,860 Explanation: To budget grant award funds received from a Landfall grant for computer furniture and camcorder. Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on October 2, 2006, as presented by the Clerk to the Board. Approval of Board Meeting Calendar for 2007 The Commissioners approved the Board meeting calendar for 2007 with the meetings on March 12, 2007 and August 13, 2007 to begin at 1 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 690 Adoption of Resolution to Add Retriever Drive, Covey Lane, Cocker Court, Basset Court, Blue Tick Court, Springer Road, Dove Field Court, Dachshund Court and Coswald Court in Quail Woods Subdivision to the State Highway System The Commissioners adopted the resolution to add Retriever Drive, Covey Lane, Cocker Court, Basset Court, Blue Tick Court, Springer Road, Dove Field Court, Dachshund Court and Coswald Court in Quail Woods Subdivision to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 12.1. Acceptance of Senior Center General Purpose Funds for 2007 and Approval of the Associated Budget Amendment - Department of Aging The Commissioners accepted Senior Center General Purpose Funds for 2007 on the behalf of the Department of Aging in the amount of $15,367 and approved the associated budget amendment #07-050. The funds will be used to cover a portion of the Senior Center Program Manager's salary. The required match of $5,122 was budgeted in the approved 2006-2007 Department of Aging budget. Bud2et Amendment Number: 07-050 Devartment: A2in2 BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation: Expenditure Senior Center: Salaries and Wages Decrease Increase $ 15,367 Revenue Senior Center: Senior Center General Purpose Funds Decrease Increase $15,367 Explanation: To request approval for receipt of Senior Center General Purpose Funds for FY 06-07. Approval of New Hanover County 2007-2009 Work First Block Grant Plan - Department of Social Services The Commissioners approved the New Hanover County 2007-2009 Work First Block Grant Plan and authorized submission to the North Carolina Division of Social Services. Authorization to Submit a Grant Application to the March of Dimes, Maternity Care Coordination, Personal Health Services - Department of Social Services The Commissioners authorized the Department of Social Services, Maternal Health Program, to submit a grant application to the March of Dimes in the amount of $3,000. If awarded, the funds will be used to help fund the incentive program offered to participants in the Baby Love Maternity Care Coordination program. No County match is required. Authorization of Re-conveyance of Parcels to R C. Fowler through N on-Warranty Deed - Legal Department The Commissioners authorized the re-conveyance of a pump station parcel to R. C. Fowler through Non- Warranty deed. Mr. Fowler conveyed the property to the County for as long as the County had a utility use for the land; the utility use has been terminated. Adoption of Resolution Approving Purchase of Five Lighting Systems for Veterans Park - Parks Department The Commissioners adopted the resolution awarding contract #07-0172 to Musco Lighting, Inc. in the amount of $393,425 for the purchase of five lighting systems for installation at the Veterans Park softball field and Veterans Park soccer fields and authorized the County Manager to execute the contract. The funds are included in the approved $35.5 million Parks and Recreation Bond Referendum. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 12.2. Acceptance of Farm Bureau Insurance Company Grant Award and Approval of the Associated Budget Amendment - Sheriff's Office The Commissioners accepted Farm Bureau Insurance Company grant award funds for the Sheriff's Office in the amount of $2,650 and approved the associated budget amendment #07-053. The funds will be used to purchase Alco-Sensors for alcohol testing at the area high schools. No County match is required. Bud2et Amendment Number: 07-053 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 691 the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Uniform Patrol: Supplies Decrease Increase $2,650 Revenue Uniform Patrol: Farm Bureau Insurance Grant Decrease Increase $2,650 Explanation: To budget grant award funds from the Farm Bureau Insurance Company to purchase alcohol testing instruments. Adoption of Resolution Approving the Exchange of Six 2005 Model Year Harley Davidson Motorcycles for Six New Model 2007 Harley Davidson Motorcycles and Approval of the Associated Budget Amendments- Sheriff's Office The Commissioners adopted the resolution approving the exchange of six 2005 model year Harley Davidson motorcycles for six model year 2007 Harley Davidson motorcycles as permitted by General Statute 160A- 271 and approved the associated budget amendments #2007-28 and #07-051. The cost to the County will be for the transfer of equipment between the old and new motorcycles in the approximate amount of $500 each. Bud2et Amendment Number: 2007-28 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Federal Forfeited Property Fund: Section 1. The following appropriation is hereby made to the Federal Forfeited Property Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Federal Forfeited Property: Capital Outlay-Motor Vehicles Decrease Increase $73,400 Revenue Federal Forfeited Property: Federal Forfeited Property Decrease Increase $73,400 Explanation: To record the exchange of five Model 2005 FLHPI Harley Davidson motorcycles for five Model 2007 FLHTP motorcycles. Bud2et Amendment Number: 07-051 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Uniform Patrol: Capital Outlay - Motor Vehicles Decrease Increase $14,680 Revenue Uniform Patrol: Sale of Fixed Assets Decrease Increase $14,680 Explanation: To record the exchange of one Model 2005 FLHPI Harley Davidson motorcycle for one Model 2007 FLHTP motorcycle. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 12.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 692 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports - Tax Department The Commissioners accepted the following Tax Collection Reports through September 30, 2006. 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 XXX, Page 12.4 Approval of Release of Tax Values The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Allen, Dorothy F. Anderson, William K. Barefoot, Jean Brown, Ann Edwards Butler, Monroe Life Estate Dixon, Pauline Gaines, Thomas Jr., Jacqueline Lawson, Ruth G. McClure, Tammy D. Norris, Kay Frances Carter Parsons, Jean W. Paul, Dorothy Pelletier, Rebecca Phillips, Mark Perry Pierce, Donald W. Etal. Reynolds, Vivian T. Rhyne, Catherine M. Life Estate Snow, Lula Life Estate Vowell, Minnie F. Walker, James Jr. Etux. $71,220 40,797 31,448 37,144 30,218 38,174 50,026 39,598 43,734 27,019 93,280 50,914 51,200 45,635 20,000 26,677 38,804 41,839 32,057 39,3 00 The Commissioners released the following late list penalties as this was the taxpayer's first offense: Jarrell Investment Properties LLC $ 8.28 Kievit, Tom David 74.34 First Fruit Ministries The Commissioners exempted the delinquent applications from property tax for the following organization: R06505-00 1-024-00 1 and R06505-00 1-025-000 Approval of Budget Amendments The Commissioners approved the following budget amendments: Bud2et Amendment Number: 07-028 Devartment: Health BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation: Expenditure Pandemic Influenza Planning Supplies Revenue Pandemic Influenza Planning: Pandemic Influenza Grant Decrease Increase $20,000 Decrease Increase $20,000 Explanation: To budget continuation funding awarded from North Carolina Division of Public Health for Pandemic Flu preparation activities. Bud2et Amendment Number: 07-054 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 693 Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Gang Task Force: Supplies Training and Travel Decrease Increase $1,500 $ 500 Revenue Administration: Miscellaneous Revenue Decrease Increase $2,000 Explanation: To budget a $2,000 contribution from the Wal-Mart Foundation. The Sheriff has designated the funds for use by the Gang Task Force Unit, which identifies at-risk youth and coordinates gang-related intervention efforts in the tri-county area (New Hanover, Pender and Brunswick Counties). Bud2et Amendment Number: 07-057 Devartment: Environmental Mana2ement BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance, Environmental Management Fund, for the fiscal year ending June 30, 2007: Expenditure Landfill: Capital Outlay- Other Improvements Decrease Increase $194,700 Revenue Landfill: Appropriated Fund Balance Recycling: CWMTF Grant Decrease Increase $ 39,700 $155,000 Explanation: To reduce budget to record correction to previous budget amendment. Bud2et Amendment Number: 2007-29 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the Federal Forfeited Property Fund: Section 1. The following appropriation is hereby made to the Federal Forfeited Property Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Federal Forfeited Property: Supplies Decrease Increase $12,186 Revenue Federal Forfeited Property: Federal Forfeited Property Decrease Increase $12,186 Explanation: To budget additional funds received on September 14,2006 and September 25,2006. Bud2et Amendment Number: 2007-30 Devartment: Sheriff's Office BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Controlled Substance Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Controlled Substance Tax: Supplies Decrease Increase $4,212 Revenue Controlled Substance Tax: Controlled Substance Tax Decrease Increase $4,212 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 694 Explanation: To budget additional revenue received on September 22, 2006. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Eric W. Peterson - NHC-TV Charles G. Langston - Environmental Management Rhonda Nealey - Health Department Ten Year Marcia L. Smith - Health Department Thomas M. McCormick - Parks Department Fifteen Year: Conway Murphy, Jr. - Sheriffs Office Jimmy D. Price - Health Department Twenty Year: William H. Eubanks - Inspections Department 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 Shell requested the following new employees to stand and be introduced: Amy Baldwin - Health Department Danielle Frink - Health Department Nikkena Blanding - Health Department Heather Hunt - Health Department William Sutcliffe - Health Department Susan Kutzleb - Health Department Amy Croom - Health Department Laurie Koehler - Health Department Luz Velez - Health Department Ebony Lawrence - Social Services Department Julia Davis - Social Services Department Cherie Couse - Social Services Department Maria Brown - Social Services Department Emika Barbour - Social Services Department County Manager Bruce Shell recognized and welcomed Customer Service Program Manager Dennis Ihnat. On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF JUDGE JOHN CARROLL, III Chairman Greer recognized Judge John Carroll, III, Fifth District Court Judge, who returned from a tour in Iraq after serving from January 1, 2006 until August 31,2006, as Special Liaison Officer, Central Criminal Court of Iraq. Lieutenant Colonel Carroll received the Presidential Bronze Star for exceptional meritorious conduct in the performance of outstanding service to the United States. He served as the chief prosecutor presenting over fifty cases of international significance to the Central Criminal Court of Iraq and as the Deputy Staff Judge Advocate, he supervised all criminal, administrative, legal assistance and claims operations. He set up and organized the Logistical Support Area Anaconda consolidated legal office as a one-stop service office for all Army guard, reserve and active duty personnel. On behalf of the Board, Chairman Greer welcomed Judge Carroll home and thanked him for his dedication to our County by serving in the armed services. Judge Carroll thanked the Board for the recognition. RECOGNITION OF JUDGE J. H. CORPENING Judge Rebecca Blackmore recognized Judge 1. H. Corpening for his interim service as Chief Court Judge during Judge John Carroll's tour of duty in Iraq and presented him with a crystal gavel and thanked him for his servIce. On behalf of the Board, Chairman Greer thanked Judge Corpening for his service to the community as interim Chief Court Judge. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 695 ADOPTION OF PROCLAMATION DECLARING OCTOBER 16-22, 2006 AS DAVIS HEALTH CARE CENTER WEEK IN NEW HANOVER COUNTY Chairman Greer reported that that on October 19, 2006 Davis Health Care Center will be celebrating its fortieth anniversary as a health care facility in New Hanover County and the Board has been requested to adopt a proclamation declaring October 16-22, 2006 as Davis Health Care Center Week in New Hanover County. Commissioner Davis read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring October 16-22, 2006 as Davis Health Care Center Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. The proclamation was received by President of the Board of Directors, Walker Taylor, III, Executive Director, Charles Long and Development Director Julie Rehder. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 12.5. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2006 AS ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Board of Social Services has requested the Board proclaim November 2006 as Adoption Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record and requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring November 2006 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. The proclamation was received by Department of Social Services Director LaVaughn Nesmith and Assistant Director Wanda Marino. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 12.6. CONSIDERATION OF RESOLUTION SUPPORTING LEGISLATION AUTHORIZING COUNTIES TO SET FEES FOR LOCAL ENVIRONMENTAL HEALTH FOOD AND LODGING SERVICES Health Director David Rice reported that the Board is being requested to adopt a resolution supporting legislation authorizing counties to set fees for local environmental health food and lodging services. The North Carolina Department of Environment and Natural Resources mandates that local public health department personnel perform sanitation inspections and permitting of food and lodging facilities. The current annual fee of $50 is charged to all permitted food and lodging facilities. A portion of the fee collected is then disbursed to local health departments and is not adequate to conduct the mandated service and is borne almost exclusively by the county as an unfunded mandate by the State. The New Hanover County Board of Health adopted a similar resolution on October 4, 2006. Chairman Greer reported that on September 18, 2006, the Board of Commissioners approved submitting goals for consideration by the North Carolina Association of County Commissioners, to be incorporated into their legislative agenda to be presented to the General Assembly. One of the goals is to support legislation to review the general statues that relate to inspections of food and lodging facilities to provide greater discretion at the County level to establish and administer programs related to the inspection of food and lodging facilities. After brief discussion on the current process, the need for more discretion at the County level and support of legislation to review the general statutes that relate to inspections of food and lodging facilities, the consensus of the Board is to table the resolution pending input from legislative delegates, Staff and the Board with the intention to incorporate the County's goal submitted to the North Carolina Association of County Commissioners into the resolution. PRESENTATION OF NORTH CAROLINA FIFTH DISTRICT, DIVISION OF COMMUNITY CORRECTIONS REPORT Jean Walker, Judicial District Manager for the Fifth District, Division of Community Corrections, presented an overview of their program stating that they are committed to providing treatment and control of high risk/high need offenders under supervision in the community. Utilizing the principles of effective interventions, the partnership between the Division of Community Corrections and Treatment Accountability for Safer Communities, promotes consistent matching of treatment and supervision levels for quality offender management. On behalf of the Board, Chairman Greer thanked Ms. Walker for the report. PRESENTATION ON THE JAIL POPULATION Judge 1. H. Corpening presented an overview on the history of the jail and reported on the current demographics stating that jails all over North Carolina are full because of the demand from the public and law enforcement to keep offenders locked-up. Last week, from Saturday until Friday morning, 231 inmates were NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 696 booked at the jail; 96 were retained in custody; 907 were booked during the last four weeks translating into 5,304 new detainees each year. Currently the jail houses approximately sixty federal inmates from week to week and approximately ten to thirty that are waiting transfer to the Department of Corrections. The Courts will continue to work cooperatively with the District Attorney's office, Sheriff's Office, Pretrial Release Program and other interested parties with a commitment to do what they can while making sure appropriate offenders are in jail. District Attorney Ben David reported that his priority is protecting the public from the most violent offenders stating that justice needs not to be just more severe, but swift, to manage the numbers. The District Attorney's office works closely with the District Court Judges to ensure that the most dangerous offenders occupy the jail space and cases are reviewed weekly. Initiatives that are proving successful are the video first appearances and the recently approved Federal Prosecutor position in the District Attorney's office. The addition of staff at the State Bureau of Investigations lab testing facilities has increased the turnaround of results from drug tests from thirteen months to seven months. The development of a regional drug testing facility would help end the backlog in the drug cases. In conclusion, the District Attorney's office will continue to focus on protecting the community through maximizing resources and working together with the other shareholders to look at ways to be more efficient and fair. Sheriff Sid Causey presented an overview on the jail population reporting on the differences in the jail population and the issues facing the Sheriff's Office with the increase in jail population, assaults, medical costs and supervision costs. He stated that there is a need for additional space in the general male population area and requested an increase in the pretrial release program. Commissioner Kopp stated that a plan of action is needed that includes lobbying the State legislators for a more efficient drug testing program and a review of mental health procedures to free up the jail space for those that should be in mental health facilities. The Clerk of Court office needs additional staff to process the paperwork after sentencing, in a more timely fashion. He requested a review of the current jail space to determine whether it can be increased without construction and a review of the pretrial release program to determine if it has been capped. On behalf of the Board, Chairman Greer thanked everyone for their presentations and encouraged them to continue to work together. BREAK Chairman Greer called for a break at 10:58 a.m. untilll:25 a.m. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Greer reported that one vacancy needs to be filled on the Adult Care Home Community Advisory Committee and one applicant is eligible for reappointment and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Deborah D. Maxwell to a three year term on the Adult Care Home Community Advisory Committee with the term to expire October 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Council Chairman Greer reported that three vacancies need to be filled on the Cooperative Extension Advisory Council and one application has been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Khalilah L. Thrower to a three year term on the Cooperative Extension Advisory Council with the term to expire on May 31,2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11 :27 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11 :34 a.m. ADDITIONAL ITEMS UPDATE ON JOINT PUBLIC SAFETY TRAINING FACILITY Finance Director Avril Pinder reported that on March 14, 2005, the Board approved the contract and proposal for the joint Public Safety Training Facility with the City of Wilmington and Cape Fear Community College. The County's portion is $3.5 million with construction estimated to begin in FY 2007-2008. The past eighteen months have been spent working with the State construction office in the design phase, obtaining permits and setting the construction schedule. A meeting will be scheduled in early November to review the final specs before they go out for bid with bids estimated to be back in by the end of December. The Community College is taking the lead on the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 2006 BOOK 30 PAGE 697 UPDATE ON STATE LOTTERY FUNDS DISTRIBUTION Budget Director Cam Griffin reported that almost $2 million will be available for New Hanover County in the first year of the lottery. First quarter estimates are forth coming. The Lottery funds will be distributed four times a year and are held in a separate account of the Public School Building Fund. Funds may be used for school construction and debt service incurred on or after January 1, 2003. In order to receive lottery funds a project specific application must be submitted to the Division of School Planning of the North Carolina Department of Public Instruction. The Chairs of the Board of Education and County Commissioners must sign the application. To receive a December disbursement the application must be submitted by November 25, 2006. Applications will be available on the internet soon. There is no local match requirement. New Hanover County is eligible for only one portion of the lottery funds. The second portion of the lottery allocation sets aside 35% of the lottery proceeds for counties whose effective tax rate exceeds the statewide average. The New Hanover County tax rate is less than 1% lower than the state average resulting in a loss of approximately $1.6 million in lottery funds. The formula will be negotiated on a yearly basis. ADDITIONAL ITEM INCLUDED IN CONSENT AGENDA APPROVAL Chairman Greer noted that the approved Consent Agenda included the additional item - Acceptance of Landfall Grant Award and Approval of the Associated Budget Amendment for the Juvenile Day Treatment Center. UPDATE ON REVIEW OF PERFORMANCE RESIDENTIAL REGULATIONS AND TECHNICAL REVIEW COMMITTEE PROCESS Planning Director Chris O'Keefe reported that Staff has begun a review of the Performance Residential Regulations and Technical Review Committee process. A memorandum outlining the current procedures, density formulas and recommendations is forthcoming. Chairman Greer reported on a letter received from Mr. and Mr. Ellis R. McElroy requesting an apology and full refund of subdivision appeal fees in the amount of $300. If indeed the County collected the appeal fees and the McElroy's were not given an opportunity to voice their appeal the money should be refunded. Assistant County Attorney Holt Moore reported that the McElroy's were allowed the opportunity to voice their appeal at the Planning Board meeting held on September 7, 2006 and at the Commissioners meeting held on October 2, 2006. County Attorney Wanda Copley reported that the fees collected were in accordance with the current County procedures; any revision to the procedure will be effective on the date of the Board's approval. After discussion, the consensus of the Board is to respond denying the request to refund fees because the McElroy's were given the opportunity at both the Planning Board meeting and County Commissioners meeting to voice their appeal and to inform them that Staff has been directed to examine the process and bring recommendations to the Board. UPDATE ON ADMINISTRATION BUILDING MOVES TO THE GOVERNMENT CENTER County Manager Bruce Shell reported that the administration building moves to the New Hanover County Government Center will be completed as follows: . Finance and Information Technology Departments on October 28, 2006. . Manager's Office, County Commissioners Office, Budget Department, Legal Department and Human Resources Department on November 4, 2006. 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. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 12:06 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board