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2007-02-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 41 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 19, 2007, at 9:00 a.ill. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; 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 Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Director of the Human Relations Commission, Carl Byrd Sr., gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Chairman Caster reported that due to the amount of public interest, Consent Agenda Item #4 - Revision to New Hanover County Code, Section 5-4 Definitions: Animals & Fowl will be removed from the Consent Agenda to allow for a Public Hearing at the Board's meeting on March 12, 2007. Hearing no further comments, Chairman Caster requested a motion from the Board to approve the remaining items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Special Meeting, Closed Session Meeting, Agenda Review Meeting held on February 1, 2007; Regular Meeting and Closed Session Meeting held on February 5,2007, and Budget Work Session Meetings held on February 9 and 10, 2007, as presented by the Clerk to the Board. Adoption of USS North Carolina Resolution The Commissioners adopted a resolution endorsing efforts to have the official commissioning of the USS North Carolina submarine in Wilmington, NC. The submarine is currently under construction and will be ready for commissioning in 2008. The resolution will be sent to Senator Dole, Senator Burr and Congressman McIntyre. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 17.1. Authorization of Pretrial Release Program Position Reclassifications - Human Resources The Commissioners authorized the reclassifications of two Pretrial Release Program positions. The Pretrial Release Coordinator Pay Grade 2300 is reclassified to that of Senior Pretrial Release Coordinator, Pay Grade 2431, as a result of supervisory responsibilities and the Administrative Support Technician, Grade 2100 is reclassified to that of Pretrial Release Specialist, Grade 3200, as a result of specialized duties now performed related to management/monitoring of civil cases for eligible defendants. The reclassifications do not necessitate a modification of current salaries. Authorization to Partnership with UNC-CH School of Medicine and Approval of Budget Amendment - Health Department The Commissioners authorized the Health Department's Child Care Nursing Program to partner with UNC- CH School of Medicine to assist with a research project related to the prevalence of Community Associated Methicillin-Resistant Staphylococcus Aureus (CA-MRSA) and approved budget amendment #07-138. UNC-CH, through the Child Care Nursing Program, will fund two part-time temporary nurse positions, up to $12,600 in salary/FICA expense, to test children for CA-MRSA with a nasal swab. The temporary positions will be eliminated at the end of the grant funding. Authorization to Submit a Grant Application to Library Services and Technology Planning - Library The Commissioners authorized the Library to submit a grant application to Library Services and Technology Planning in the amount of $20,000 and approved any associated budget amendment. If awarded, the funds will be used to hire a consultant to review the current use of technology in providing public service and to develop recommendations for future use of technology. No local match required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 42 Authorization to Enter into a Memorandum of Understanding with the Cape Fear Arch Conservation Collaboration - Planning Department The Commissioners authorized the County Manager, on behalf of the Planning Department, to enter into a Memorandum of Understanding with the Cape Fear Arch Conservation Collaboration. Participating organizations in the Collaborative will work together to identify potential conservation opportunities and resource issues in the Cape Fear Arch Region in order to protect ecologically significant areas or develop in a manner where economic and ecological interests are more balanced. The County will not be required to contribute financially and staff time will be minimal. Approval of Advertisement of Tax Liens on Real Property - Tax Department The Commissioners approved the advertisement of Tax Liens of Real Property to be published in the Wilmington Star News on April 4, 2007 for all delinquent 2006 real estate accounts not paid by 5:00 p.ill. on March 27,2007. Authorization for Release of Taxes Barred - Tax Department The Commissioners authorized the release of taxes barred according to G.S. 105-378. The referenced statute states that forced collection of any taxes after ten years from the due date is not allowed. These uncollected amounts are .25% of the combined tax levies for the County and the municipalities charged in 1996 in the amount of $81,497,929.84. A total of 513 accounts amount to $100.00 or more. New Hanover County Fire District City of Wilmington City of Wilmington License Tax Wrightsville Beach Carolina Beach Kure Beach Total $ 134,637.83 2,593.52 49,664.62 7)06.74 1,978.64 4,891.71 537.61 $201,610.67 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports - Tax Department The Commissioners accepted the following Tax Collection Reports as of January 31,2007. 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 17.2. Approval of Budget Amendments - Budget Department The Commissioners approved the following budget amendments: Budget Amendment Number 07 -124 - Health Department Budget Amendment Number 07 -125 - Health Department Budget Amendment Number 2007-59 - Sheriff's Office Budget Amendment Number 2007-60 - Sheriff's Office REGULAR AGENDA ADOPTION OF LAND FOR TOMORROW RESOLUTION Chairman Caster reported that Howard Loving, Chairman of the Land for Tomorrow, has requested the Board adopt a resolution in support of the Land for Tomorrow initiative urging the State to increase conservation trust funding and requested Mr. Loving give the presentation. Mr. Loving reported that he is representing the statewide initiative, Land for Tomorrow, and presented an overview of the project. Land for Tomorrow is a partnership of government and non-government organizations committed to securing support from the public and General Assembly for protecting the State's drinking water, farms, forests, historic places and to provide parks for this and future generations. The North Carolina General Assembly is being requested to approve $200 million per year for the next five years. Mr. Loving requested the Board support the intention of the Land for Tomorrow initiative not necessarily any specific funding method that might be adopted by the General Assembly. Chairman Caster read the proclamation into the record. Vice-Chairman Greer commented on how well New Hanover County has done preserving land such as Airlie Gardens. He voiced his concern on requesting $1 billion from the State for this initiative when the County has existing needs for schools and Medicaid relief. Commissioner Davis voiced his concern on the funding mechanism and how the funds will be used. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 43 Chairman Caster reported that funds will go to existing programs such as the Clean Water Management Trust Fund, Natural Heritage Trust Fund, Agricultural Development and Farmland Preservation Trust Fund and the Parks and Recreation Trust Fund and requested direction from the Board. Commissioner Kopp reported that the North Carolina Association of County Commissioners did not advance this initiative due to funding concerns stating that he will support the intent of the initiative. Commissioner Pritchett stated that she supports the Land for Tomorrow initiative and feels that protecting the earth and the environment is the most critical issue. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Caster, to adopt the Land for Tomorrow resolution urging the State of North Carolina to increase conservation spending. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Greer and Commissioner Davis voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 17.3. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year Raymond D. Griswold - Fire Services Michael D. Pinson - Fire Services Kimberley S. Hansley - Health Department Ten Year Robert L. Billings, III - Inspections David Styers - Inspections Twenty Year: James S. Craig - Engineering Twenty-Five Year: Brenda K. Hewlett - Public Safety Nancy H. Moore - Sheriffs Office On behalf of the Board, Chairman Caster presented a servIce award to each employee, expressed appreciation and thanked them for their dedicated years of service. WITHDRAWAL OF CONSIDERATION OF FREEMAN PARK ORDINANCES Chairman Caster reported that Carolina Beach Mayor Bill Clark has requested that Regular Agenda Item #8 Consideration of Freeman Park Ordinances be withdrawn from the Board's agenda. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Tracy Dawson - Customer Service Sharon Meizen - Health Department Jenny LaRowe - Health Department Russell Wheeler - Inspections Department Penny Thorne - Juvenile Day Treatment Center Corey DeVane - Juvenile Day Treatment Center Nancy Scott - Library Anna Crockett - Social Services Marcy Norris - Social Services Jerry Webb - Water and Sewer Engineering Betsey Kibbey - Water and Sewer Finance On behalf of the Board, Chairman Caster welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD Chairman Caster reported that notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 16th consecutive year. The award is for New Hanover County's budget submitted for fiscal year beginning July 1, 2006. The award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations guide and a communication device. Award-winning documents must be rated "proficient" in all four categories. Chairman Caster, on behalf of the Board, thanked Budget Director Cam Griffin, along with staff members Norma Troutman, Donna Seal, Amy Aiken and Judy Seedorf for their continued excellence. CAPE FEAR COUNCIL OF GOVERNMENTS PRESENTATION Cape Fear Council of Governments Executive Director Chris May presented an organizational overview NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 44 stating that, working under the direction of a delegation of locally elected officials representing member governments, the Cape Fear Council of Governments plans and administers a variety of Federal, State and local programs. The Cape Fear Council of Governments partners with both the public and private sectors in Brunswick County, Columbus County, New Hanover County and Pender County and forty-three local Governments. This closely coordinated effort has resulted in the sponsorship of a variety of programs and services that are helping to meet the needs of local citizens. Mr. May reported that the Council of Governments is currently working to arrange meetings with the surrounding counties and municipalities to look at issues relevant to all. On behalf of the Board, Chairman Caster thanked Mr. May for the presentation. PRESENTATION OF TEN YEAR PLAN TO END HOMELESSNESS IN NEW HANOVER COUNTY Dr. Spiro Macris reported that he, along with Windell Daniels, are the co-chairs of a community collaborative public and private sector representatives committed to developing a Ten Year Plan to End Homelessness. He introduced Dewey Harris, Director of Community Services with the City of Wilmington and requested he make the presentation. Mr. Harris reported that there are at least 592 homeless persons in New Hanover County, 208 or 35% who are chronically homeless. In 2006, 401 homeless inmates were booked into the New Hanover County Detention Center; statistics show that the homeless consume a disproportionate amount of federal resources, and local resources in hospital/emergency rooms, detoxification centers, mental health/substance abuse services and emergency shelters. A strategic approach is necessary to address this issue. To do so effectively, requires: . Determination of the homeless sub-populations to be targeted by the Plan . Development and presentation of data and information necessary for understanding the needs and opportunities relative to ending homelessness in the Tri-County Area. . Identification of needs and resources and development of problem statements, strategies and activities to address homelessness, including time frames and responsible parties. This effort will also require a full commitment at all levels. Participants are requested to contribute financially to the success of these efforts. New Hanover County is being requested to consider an investment for FY 07 -08 in the amount of $15,000 to assist in moving this effort forward. After a brief question and answer period, on behalf of the Board, Chairman Caster thanked Dr. Macris and Mr. Harris for the presentation. PRESENTATION OF COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT Director of New Hanover County Department of Social Services LaVaughn Nesmith reported that the Community Child Protection Team is an interdisciplinary group of community representatives who meet weekly to review active cases of child abuse. He introduced Diane Woolley, Community Member At-Large and Clancy Thompson, Executive Director, Child Advocacy Commission. He requested Wanda Marino, Assistant Director of the New Hanover County Department of Social Services, present the report. Ms. Marino reported that the Community Child Protection Team was established in compliance with North Carolina General Statute 7B 1406 to promote a community-wide approach to the problem of child abuse and neglect. It is not a Department of Social Services team. The team also promotes child safety through community education and by alerting legislative officials about the need for changes in laws and/or policies. In addition to the members mandated by law, up to five additional members may be appointed by the Board of County Commissioners. In 2006, the New Hanover Community Child Protection Team reviewed seventeen cases involving substantiated abuse or neglect. These cases were identified as having gaps and/or barriers in accessing community resources. The barriers involved financial, transportation needs, failed community systems between resources, procedural and inadequate services among others. The following needs have been identified: . Increase access for children to additional mental health and counseling services. . Increase amount of community-wide education and services for children and their families regarding sexual assault and domestic violence issues and prevention. . Increase funding for The Carousel Center which treated 105 New Hanover County children in 2006. . Implement a continuing education program with New Hanover Regional Medical Center's Emergency Department personnel to increase awareness and recognition of child abuse and neglect, as well as the required reporting procedures. . Continue recruitment of 'rostered' Child Medical Examiners to address the increasing number of child sexual and physical abuse cases. Ms. Marino requested that the Board accept the Community Child Protection Team report including the list of names to be appointed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 45 After a brief question and answer period, on behalf of the Board, Chairman Caster thanked Ms. Marino for the presentation of the Community Child Protection Team report and requested a motion from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to accept the Community Child Protection Team report including the list of names to be appointed. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION AWARDING BID FOR TELEVISION PRODUCTION AND BROADCAST FACILITY Public Information Officer Mark Boyer reported that New Hanover County Television has been broadcasting Board of County Commissioners and Planning Board meetings and various videotaped productions since August 2001 and presented an overview of the program. Citizens have grown accustomed to this high quality service and have gotten used to receiving information concerning board actions and other important information via this medium. Due to limitations in staff and technical equipment, New Hanover County Television has not been able to expand this service to citizens in a manner that is expected. Staff is requesting to develop a cable-casting and production facility at the New Hanover County Government Center, to allow the production of more television material, in a timely and cost -efficient manner. Since initial board approval of utilizing cable television to the benefit of the citizens, New Hanover County Television has been working toward this goal and is ready to proceed with studio development and the production of high quality, informative content. There is currently $300,000 available for the purchase and installation of the TV Broadcast Equipment. Staff is requesting the Board adopt the resolution awarding bid and contract #07-0093 to Technical Video Services in the amount of $368,250, authorize the County Manager to execute the contract and approve the associated budget amendment #07 -142. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution awarding bid and contract #07-0093 to Technical Video Services in the amount of $368,250 and authorize the County Manager to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the associated budget amendment #07 -142. 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 XXX, Page 17.4. APPROVAL OF REQUEST BY AIRPORT AUTHORITY FOR LOCAL LEGISLATION County Attorney Wanda M. Copley reported that the Airport Authority has requested the Board of Commissioners authorize New Hanover County to seek legislation for use on its behalf to use the "quick take" condemnation power for aviation purposes. Under the "quick take" method, title immediately vests in the name of the County as soon as a lawsuit is filed, estimated compensation is paid to the Clerk of Court and notice is recorded in the Registry of Deeds. Without "quick take" power, a lawsuit may take a year or more before a final vesture of title. The Airport Authority would like for the County to have the "quick take" power so that any necessary avigation work can be accomplished quickly. Staff is requesting the Board consider the Authority's request and direct staff to work with legislative drafting of a proposed bill. Commissioner Davis clarified that under the "quick take" method the County will process the condemnation on behalf of the Airport Authority. The "quick take" process allows for timely land acquisition for aviation purposes. Vice-Chairman Greer clarified that allowing the County the ability for "quick take" for aviation purposes is similar to the process currently in place for sewer easements. County Attorney Copley reported that the County will do condenmation, obtain the title and then the County will convey the title to the Airport Authority. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to direct staff to work with legislative drafting of a proposed bill. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the Parks and Recreation Advisory Board Chairman Caster reported that one vacancy needs to be filled on the Parks and Recreation Advisory Board with five applications available for consideration and requested direction from the Board. The Board may wish to extend the term to June 30, 2010 since the term has only four months remaining. Commissioner Kopp nominated Katie Ryan. The nomination was seconded by Vice-Chairman Greer. Commissioner Pritchett nominated Joseph Capellini. No second was received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 46 Hearing no further nominations, Chairman Caster called for a vote on the nominations. Vote: The Board voted unanimously to appoint Katie Ryan to serve on the Parks and Recreation Advisory Board with the term to expire June 30, 2010. Appointment to the Port, Waterway and Beach Commission Chairman Caster reported that one vacancy needs to be filled on the Port, Waterway and Beach Commission with one member eligible for reappointment and four applications available for consideration and requested nominations from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Bruce L. Kirk to serve a three year term on the Port, Waterway and Beach Commission with the term to expire on February 28,2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Watershed Management Advisory Board Chairman Caster reported that two vacancies need to be filled on the Watershed Management Advisory Board with two members eligible for reappointment and four applications available for consideration and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to reappoint John R. Jefferies and Carlton Fisher to serve three year terms on the Watershed Management Advisory Board with the terms to expire on February 28,2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called for a break at 11 :00 a.m. until 11 :05 a.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11 :05 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 1:34 p.m. NON-AGENDA ITEMS Chairman Caster 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. CLOSED SESSION Chairman Caster announced that pursuant to G.S. 143-318.11(5) a Closed Session is needed to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of real properties and in negotiating the price and material terms of a proposed contract for real properties and requested a motion from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, pursuant to G.S. 143-318.11 to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of real properties and in negotiating the price and material terms of a proposed contract for real properties. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened to Closed Session at 1:36 p.m. CONVENE TO REGULAR SESSION Chairman Caster convened to Regular Session at 2:40 p.m. and reported that Commissioner Davis has been excused from the meeting but was present for the Closed Session meeting discussion. Chairman Caster reported on the following actions taken by the Board in Closed Session meeting. Trails End Park ProDertv The Board directed staff to negotiate for purchase 615 Trails End Road in the amount of $1. 5 million; other Trails End properties have previously been discussed by the Board for a total of five pieces of property for a water access park. Staff has been in discussions with the Wildlife Resource Commission and they have committed to building the boat ramp with a timetable of 12 to 18 months. The consensus of the Board is to direct the Parks Director and Parks and Recreation Advisory Board to work closely with the residents of Trails End Road on the development of this project. Parks Director Neal Lewis stated that public input sessions will be held. County Manager Shell reported that a portion of funding will come from the Parks Bond Referendum and requested the Board approve the associated budget amendment #2007-65 to appropriate fund balance funds. The fund balance will be reimbursed if fixed assets are sold. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 19,2007 BOOK 31 PAGE 47 Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to direct staff to complete the buy/sell agreement for 615 Trails End Road in the amount of $1.5 million and approve the associated budget amendment #2007-65. Upon vote, the MOTION CARRIED 4 TO O. Southeastern Mental Health Center Chairman Caster reported that the Board received an update from staff concerning Southeastern Mental Health Center on their fund balance and asset issues. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to direct staff to continue working with Southeastern Mental Health Center on fund balance and asset issues. Upon vote, the MOTION CARRIED 4 TO O. Olsen Farm Park ProDertv Chairman Caster reported that the Board has been in discussion with City of Wilmington Mayor Bill Saffo concerning the purchase of 63.3 acres of land, known as Olsen Farms, for joint ownership with the City of Wilmington for a city/county park. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, contingent on approval by Wilmington's City Council, to direct staff to negotiate a buy/sell agreement for the property with the terms and conditions to be brought back to the Board for final approval. Upon vote, the MOTION CARRIED 4 TO O. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO O. Chairman Caster adjourned the meeting at 2:45 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board