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2007-01-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 19 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 22, 2007, at 9:04 a.m. 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, Jr.; 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 Carl A. Byrd, Sr., Director of the Human Relations Commission gave the invocation. Commissioner Davis 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. Hearing none, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the 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 Agenda Review Meeting held on January 4, 2007 and Special Meeting, Closed Session Meeting and Regular Session Meeting held on January 8, 2007 as presented by the Clerk to the Board. Appointment of Commissioner Nancy Pritchett to the Juvenile Crime Prevention Council and Commissioner William A. Kopp, Jr. to the Local Emergency Planning Committee ? Governing Body The Commissioners appointed Commissioner Nancy Pritchett to the Juvenile Crime Prevention Council and Commissioner William A. Kopp, Jr. to the Local Emergency Planning Committee. Appointment of Brenda Lee Williams Thomas to the Adult Care Home Community Advisory Committee ? Governing Body The Commissioners reappointed Brenda Lee Williams Thomas to a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on January 31, 2010. Authorization to Submit a Grant Application to the Governor?s Crime Commission with New Hanover County as the Applicant Agency ? Leading into New Communities, Inc. The Commissioners authorized Leading Into New Communities, Inc. (LINC) to submit a grant application in the amount of $162,262.50 to the Governor?s Crime Commission with New Hanover County as the applicant agency. If awarded, the funds will be used to support the successful reentry of ex-offenders returning to the community from prison. No local match is required. Ratification of Grant Application to Smart Start for FY 07-08 Continued Funding ? Health Department The Commissioners ratified the grant application submitted by the Health Department to Smart Start in the amount of $178,500 and approved any associated budget amendment. If awarded, the funds will be used to continue the Child Care Nursing Smart Start Program. No local match is required. Ratification of Grant Application to Smart Start for FY 07-08 Continued Funding ? Library The Commissioners ratified the grant application submitted by the Library to Smart Start in the amount of $241,516 and approved any associated budget amendment. If awarded, the funds will be used to change four temporary program assistant positions of twenty hours per week to regular positions of thirty hours per week to provide early literacy training for preschool teachers and services to children in New Hanover County preschools and family childcare homes. The local match of $4,000 for books is raised in the Friends Book Sale. Authorization to Submit a Grant Application to the North Carolina Parks and Recreation Trust Fund Authority ? Parks Department The Commissioners authorized the Parks Department to submit a grant application to the North Carolina Parks and Recreation Trust Fund Authority in the amount of $500,000 and approved any associated budget amendment. If awarded, the funds will be used to complete Phase IV at Veterans Park. The local match of dollar to dollar will be from the 2006 Parks Bond referendum funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 20 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 December 31, 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 15.1. Approval of Release of Tax Values The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Brink, Sandra $38,489 Brock, Dennis Earle 44,854 Grainger, Gracie 37,386 Heath, Myrtle W. 17,526 Lawhorn, Myertle G. 43,923 Lowell, Edward S. Freda 49,000 Maketa, Dorothy Elise 53,496 Mapson, Nannie E. 40,783 Preston, Martha McCormick 28,991 Smart, Daquilla Life Estate 27,706 Tomasiello, Glenda 38,393 The Commissioners granted the following taxpayer be released from the following late list penalty: Eastern Pizza Products, Inc. $106.33 The Commissioners granted the following organizations exemption from property tax: Agape Kure Beach Ministries R09405-007-001-000 R09405-007-002-000 R09405-003-013-000 R09405-003-014-000 The Commissioners approved an adjustment to the tax values for the following taxpayers: Minnesota Regis Corp $23,439 4,832 5,532 Approval of Budget Amendment ? Budget Department The Commissioners approved Budget Amendment Number 2007-51 ?Sheriff?s Office. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following retired employees to step forward to receive their retirement award: Arlene J. Burns - Library - 17 years of service Beverly B. Shareef - Library - 28 years of service Aldyth J. Baker - Tax Department - 22 years of service On behalf of the Board, Chairman Caster presented the retirement awards and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Jean Roesink - Sheriff?s Office Jay B. Davis - Sheriff?s Office Evan K. Luther - Sheriff?s Office Carol Thiel - Emergency Management Marnita S. Davis - Juvenile Day Treatment Center Tammy L. Clarida - Juvenile Day Treatment Center Gregg W. Minerva - Juvenile Day Treatment Center Tandy N. Robinson-Davis - Juvenile Day Treatment Center NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 21 Linda T. Smith - Social Services Ten Year: Gregory R. Thompson - Engineering Fifteen Year: Kenneth W. Sarvis - Sheriff's Office Jimmie L. Simmons - Sheriff's 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. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Yvette Gosline ? Aging Services Patricia Weaver ? Health Department Kim Budde ? Health Department Deborah Howard ? Health Department Delphine Brown ? Social Services On behalf of the Board, Chairman Caster welcomed the new employees to County Government and wished them success in their new positions. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2006 As part of the completion of the annual audit, Finance Director Avril Pinder introduced Gary Ridgeway, Director with McGladrey and Pullen, LLP. Mr. Ridgeway presented the auditor's perspective to the Board and reported that all Basic Financial Statements were performed in accordance with Government Auditing Standards for the year ended June 30, 2006. He informed the Board that New Hanover County is in a sound financial position and stated that all indications point to continued growth in the future. A brief question and answer period was held. On behalf of the Board, Chairman Caster thanked Mr. Ridgeway for the presentation. GUARDIAN AD LITEM PROGRAM PRESENTATION Liz Kachris-Jones presented an overview of the local Guardian ad Litem program reporting that the Guardian ad Litem program works closely with the court system and the Department of Social Services as advocates for abused and neglected children in the court system with funding from the judicial system. On behalf of the Board, Chairman Caster thanked Ms. Kachris-Jones for the presentation. PRESENTATION OF THE GOVERNOR?S ORDER OF THE LONG LEAF PINE AWARD TO DR. JIM HUNDLEY Vice-Chairman Greer reported that Dr. Jim Hundley is being honored with the Governor?s Order of the Long Leaf Pine Award for his thirty-one years of volunteer service, leadership and support to institutions, agencies, organizations and individuals. Vice-Chairman Greer introduced, Bill Browder, a childhood friend of Dr. Hundley?s, and requested he make the presentation. Mr. Browder presented the Long Leaf Pine Award to Dr. Hundley. On behalf of the Board, Chairman Caster congratulated Dr. Hundley on the honor. BREAK: Chairman Caster called for a break at 10:00 a.m. until 10:16 a.m. NEW HANOVER SOIL AND WATER CONSERVATION PRESENTATION New Hanover Soil and Water Conservation representative Shelly Miller reported that the purpose of the New Hanover Soil and Water Conservation District is to protect and enhance water quality and all natural resources for the residents through land conservation, storm water management, technical support, community education and outreach and presented an overview of the District?s current projects. She introduced Board Supervisors Bill Hart and Bill Golder. On behalf of the Board, Chairman Caster thanked Ms. Miller for the presentation. APPROVAL OF PURCHASE OF 109 ACRES OF PROPERTY ON LORDS CREEK FROM THE NORTH CAROLINA COASTAL LAND TRUST Planning Director Chris O?Keefe reported that the Coastal Land Trust has been awarded a grant to purchase approximately 109 acres of land on Lords Creek along River Road in southern New Hanover County. Once the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 22 Coastal Land Trust purchases the land from the Burnett family, they wish to bargain sell the property to the County for the sum of ten dollars to be held in fee simple ownership permanently. The terms of the grant require that a conservation easement restricting uses of the site be given to the State of North Carolina. The easement allows the site to be used for passive recreational purposes. The property is mostly marsh land but does offer several acres of uplands suitable for picnic shelter, trails, restrooms and canoe and kayak launching. The ability to provide vehicular access to the property ultimately may define the extent to which it can be used by the public at large. Camilla Herlevich, Executive Director for the Coastal Land Trust, presented a brief overview of the proposed purchase and introduced the Burnett family. As a condition of the sale, the Burnett family would like the park to be known as the ?John and Ruth Burnett Natural Area?. Staff requests the Board authorize staff to sign the conservation agreement, purchase the property for the sum of $10, submit payment in the amount of $30,000 to the Coastal Land Trust for their work in acquiring the land and pay the land-use value roll-back taxes in the amount of $17,000. The $30,000 will be funded by proceeds from the water access portion of the Parks Bond Referendum. After brief discussion, Chairman Caster requested direction from the Board. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize staff to sign the conservation easement, purchase the property for the sum of $10, submit payment in the amount of $30,000 to the Coastal Land Trust, pay the land-use value roll-back taxes in the amount of $17,000 and name the park ?John and Ruth Burnett Natural Area?. The $30,000 will be funded by proceeds from the water access portion of the Parks Bond Referendum. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING ON SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2004 SCATTERED SITE HOUSING PROGRAM CLOSE-OUT Chairman Caster opened the Public Hearing and requested Community Development Planner Wanda Coston to make the Staff presentation. Community Development Planner Coston reported that Federal and State Community Development Block Grant regulations require that a public hearing is conducted to solicit citizen comments concerning the close-out of the County's 2004 SSHP. The $400,000 grant was used to provide housing rehabilitation assistance to eleven very low-income owner-occupied households. Staff requests the Board authorize the Chairman to sign the Closeout Performance Report for submission to the North Carolina Department of Commerce, Division of Community Assistance. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to authorize Chairman Caster to sign the Closeout Performance Report for submission to the North Carolina Department of Commerce, Division of Community Assistance. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING ON NORTH CAROLINA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2007 SCATTERED SITE HOUSING PROGRAM Chairman Caster opened the Public Hearing and requested Community Development Planner Wanda Coston to make the Staff presentation. Community Development Planner Wanda Coston reported that the North Carolina Division of Community Assistance has conditionally awarded New Hanover County and its interested municipalities of Wrightsville, Carolina and Kure Beaches, $400,000 in Community Development Block Grant funds as part of the fiscal year 2007 Scattered Site Housing Program. In 2007, the County is one of thirty-three counties in the State that is eligible to receive these funds on a noncompetitive basis every three years. The 2007 Scattered Site Housing Program will be the third grant awarded to the County in this category with the funds being used to address the most critical housing needs of very low-income owner-occupied households within the County. Staff requested the Board authorize the Chairman to sign the Certification of Interest which acknowledges that New Hanover County intends to participate in the 2007 Scattered Site Housing Program. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize Chairman Caster to sign the Certification of Interest acknowledging that New Hanover County intends to participate in the 2007 Scattered Site Housing Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF NEW HANOVER COUNTY SEAL Public Information Officer Mark Boyer reported that at the Board's January 8, 2007 meeting, a Public Hearing was conducted to receive public comment on the use of a new combination seal/logo. At that meeting, the Board voted to table the item pending additional information concerning the costs associated with the seal change and for additional time for public input. Public Information Officer Boyer reported that he had not heard any feedback from the public on the seal proposal and presented the costs associated with the seal change stating that most items could be changed to coincide with the replacement schedule. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 23 After brief discussion concerning the replacement costs of items and the need to phase-in the replacement of flags, decals and highway signage, Chairman Caster requested direction from the Board. Commissioner Kopp stated his concern on the lack of community input and the historic value of the current seal. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve changing the county seal to the historic New Hanover County Courthouse clock tower on a phase-in replacement schedule. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Greer and Commissioner Kopp voted in opposition. 2007 COUNTYWIDE PROPERTY REVALUATION PRESENTATION Tax Administrator Robert Glasgow presented an overview of the 2007 countywide revaluation process and appeal process reporting that revaluation is the process of reassessing real property to its current market value, equalizing the tax value to market value. Revaluation Notices will be mailed January 31, 2007. The assessment is effective January 1, 2007 and will be reflected in the August 2007 tax bills. Tax bills are due and payable on September 1, 2007 with a grace period until January 7, 2008. By law, the Board of Commissioners, City Council and Town Boards are required to set their tax rates by July 1, 2007. The tax bill will reflect the following formula: Reval Value X Tax Rate = Tax Bill. In conclusion, Tax Administrator Glasgow stated that Staff recommends revaluation on a four year cycle. On behalf of the Board, Chairman Caster thanked Tax Administrator Glasgow for the presentation. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:43 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:58 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. ADDITIONAL ITEMS Additional Item Submitted by Chairman Caster Chairman Caster reported that New Hanover County has been presented a 2006 Award of Appreciation from the Domestic Violence Shelter and Services, Inc. The award expressed appreciation for the County?s commitment and contribution on behalf of women and children experiencing violence in their homes. BREAK: Chairman Caster called for a lunch break from 12:01 p.m. until 12:35 p.m. 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 acquisitions of and in negotiating the price and material terms of proposed contracts for real property; pursuant to G.S. 143-318.11(a)(3) to consult with counsel regarding a matter of potential litigation; and pursuant to G.S. 143- 318.11(a)(6) to consider a specific personnel matter and requested a motion from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, pursuant to G.S. 143-318.11(5) to convene to Closed Session to instruct the public body?s staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisitions of and in negotiating the price and material terms of proposed contracts for real property; pursuant to G.S. 143-318.11(a)(3) to consult with counsel regarding a matter of potential litigation; and pursuant to G.S. 143-318.11(a)(6) to consider a specific personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened to Closed Session at 12:36 p.m. CONVENE TO REGULAR SESSION Chairman Caster convened to Regular Session at 2:49 p.m. and reported that the Board has instructed the public body?s staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisitions of and in negotiating the price and material terms of proposed contracts for real property, consulted with counsel regarding a matter of potential litigation and considered a specific personnel matter with no decisions being made. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2007 PAGE 24 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to adjourn the meeting. Upon vote, the MOTION CARRIED 3 TO 0. Chairman Caster adjourned the meeting at 2:49 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board