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
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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
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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