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2007-06-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 122 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 18, 2007, at 9:00 a.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, 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 Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult and County Manager Bruce T. Shell. 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. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. WITHDRAWAL OF REGULAR AGENDA ITEMS 5 AND 10 Chairman Caster reported that Regular Agenda Item 5 ? Presentation on House Bill 1227 and Consideration of a Resolution of Support and Regular Agenda Item 10 ? Update on Flemington Soccer Complex Interlocal Agreement have been withdrawn from the agenda. PRESENTATION OF COMMUNITY COUNCIL LEADERSHIP AWARD TO COMMISSIONER NANCY PRITCHETT Dr. Art Costantini, Area Director of the Southeastern Center, congratulated Commissioner Nancy Pritchett on being the recipient of the North Carolina Community Council?s North Carolina Leadership Award in the County Commissioner category. Commissioner Pritchett was unable to attend the presentation ceremony in Raleigh due to a meeting conflict with the Board of Commissioners? meeting. Dr. Costantini presented the award to Commissioner Pritchett. On behalf of the Board, Chairman Caster congratulated Commissioner Pritchett. 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 no comments, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, 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 May 31, 2007 and the Regular Session meeting held on June 4, 2007, as presented by the Clerk to the Board. Adoption of Proclamation Recognizing June 29 ? July 5, 2007 as National Clean Beaches Week in New Hanover County The Commissioners, at the request of Ariel White with the Clean Beaches Council, adopted the proclamation recognizing June 29 ? July 5, 2007 as National Clean Beaches Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 25.1. Approval of Request Designating the Department of Aging as the Lead Agency for Aging Services in New Hanover County for 2008 ? Department of Aging The Commissioners designated the Department of Aging as the Lead Agency for Aging Services in New Hanover County for 2008 and accepted Home and Community Care Block Grant funds in the amount of $901,583; Senior Center Outreach funds in the amount of $1,471; Title III-D Health Promotion/Medication Management funds in the amount of $12,222; and Family Caregiver funds in the amount of $28,500. Acceptance of Recycling Drop-off Expansion Grant and Adoption of Budget Ordinance Amendment 07-265 ? Environmental Management The Commissioners, on behalf of Environmental Management, accepted grant funds in the amount of $25,000 from the North Carolina Department of Environment and Natural Resources, Division of Pollution Prevention and Environmental Assistance and adopted Budget Ordinance Amendment 07-265. The funds will be used to add an additional recycling center in the southern portion of New Hanover County to support the overload at the existing site at the Moose Lodge. The required match in the amount of $10,600 is available in the current budget. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 25.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 123 Adoption of Resolution Awarding Contract 07-0495 for Disaster Debris Removal ? Environmental Management The Commissioners adopted the resolution awarding Contract 07-0495 to Omni Pinnacle for disaster debris removal. The Scope of Services, upon activation of the contract by New Hanover County, requires the contractor to remove vegetative, construction and demolition debris from the public right-of-way to designated permitted disposal facilities. The contractor is required to begin work within twenty-four hours of issuance of the Notice to Proceed. The preposition contract will be active from the date of execution until June 30, 2008. The County is not obligated to pay the contractor for any service unless a Notice to Proceed is issued. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 25.3. Authorization to Submit a Grant Application to the Landfall Foundation, School Health Program, Personal Health Services ? Department of Social Services The Commissioners authorized the Department of Social Services to submit a grant application to the Landfall Foundation, School Health Program, Personal Health Services in the amount of $2,700. If awarded, the funds will be used to purchase sixteen wheelchairs for the New Hanover County Health Department, School Health Nursing Program for the nursing offices that do not presently have one. Authorization to Submit a Grant Application to the Bureau of Justice Assistance Project Safe Neighborhood Anti-Gang Initiative through the Governor?s Crime Commission ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the Bureau of Justice Assistance Project Safe Neighborhood Anti-Gang Initiative through the Governor's Crime Commission in the amount of $41,761. If awarded, the funds will be used to hire a Community Resource Coordinator to provide support to the Gang Task Force by providing life skills training to at-risk youth and complete weekly reports on clients' behavior, attitudes, achievement, program compliance and overall progress. The funding will cover the yearly salary in the amount of $33,832, fringe benefits in the amount of $2,684 and operating costs in the amount of $5,245. No local match is required, but the grant does not fund County cost for the position's medical insurance expense in the amount of $8,013 and local governmental retirement expense in the amount of $1,654. The total County cost of $9,667 will be funded from General Fund Contingency Funds. Adoption of Resolution Awarding Request for Proposal 07-0440 and Contract 07-0440 to Correct Care Solutions to Provide Comprehensive Healthcare Services for the Detention Facility ? Sheriff?s Office The Commissioners adopted the resolution awarding Request for Proposals 07-0440 and Contract 07-0440 to Correct Care Solutions in the amount of $1,947,000 to provide healthcare services for the Detention Facility and authorized the County Manager to execute the contract. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 25.4. 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 May 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 25.5. Approval of Tax Exemption ? Tax Department The Commissioners granted an exemption from property tax for the following organization: Love Center Church, Inc. R05410-011-002-000 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 07-258 ? Courts 2007-105 ? Sheriff?s Office 2007-106 ? Sheriff?s Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 25.6. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARD County Manager Shell requested Ernest McIntyre, Property Management retiree, to step forward to receive his retirement award. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 124 On behalf of the Board, Chairman Caster presented the retirement award and thanked Mr. McIntyre for his twenty-four years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Lorraine Furr ? Water and Sewer Finance Twenty Year: Mitzi Chappell - Social Services On behalf of the Board, Chairman Caster presented a service award to each employee, expressed appreciation and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Tanya Gurganious - Airlie Gardens Lynn Bestul-Environmental Management Amy Cook -Health Department Brian Spaller - Inspections Department Cecilia Williamson - Social Services On behalf of the Board, Chairman Caster welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF FISCAL YEAR 2007-2008 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE FIRE SERVICE DISTRICT County Manager Bruce Shell reported that after individual discussions with the Commissioners and the Budget Work Session on Thursday, he is presenting the FY 2007-2008 Budget Ordinance for New Hanover County with a tax rate of 42 cents with the following appropriations: New Hanover County: General Fund $273,720,975 New Hanover County Schools Fund 84,814,752 Emergency Telephone Fund 248,232 Wireless 911 Fund 74,899 Room Occupancy Tax Fund 3,288,440 Environmental Management Fund 16,401,100 Total Budget $378,548,358 After brief discussion Chairman Caster called for direction from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Davis, to adopt the FY 2007-2008 Budget Ordinances for New Hanover County with a tax rate of 40.6 cents. Chairman Caster reported that he is recommending a revenue neutral tax rate of 40 cents with an additional 0.6 cent increase over revenue neutral to fund expenses related to voter-approved referendums. Commissioner Davis reported that he supports the revenue neutral 40 cents and the 0.6 cent over revenue neutral to fund bond indebtedness. Substitute Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the FY 2007-2008 Budget Ordinance for New Hanover County with a tax rate of 42 cents. Commissioner Pritchett stated she supports the tax rate of 42 cents to allow room for growth and unexpected events. Commissioner Kopp stated that he supports the tax rate of 42 cents because the majority of funds over the revenue tax rate of 40 cents and 0.6 cent to fund bond indebtedness are going to public safety and the schools. He encouraged Sheriff Causey to work with the City of Wilmington Police Department on public safety issues. Chairman Caster called for a vote on the Substitute Motion. Substitute Motion Vote: Upon vote, the MOTION CARRIED 3 TO 2 to adopt the FY 2007-2008 Budget Ordinance for New Hanover County with a tax rate of 42 cents. Vice-Chairman Greer, Commissioner Kopp and Commissioner Pritchett voted in favor. County Manager Shell presented the Fiscal Year 2007-2008 Budget Ordinance for the Fire Service District with a tax rate of 5 cents with the following amounts appropriated: Fire Service District: Ad Valorem Taxes $6,298,780 Sales Taxes 1,822,247 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 125 Charges for Service 64,000 Interest on Investments 101,000 Total Revenues ? Special Fire District Fund $8,286,027 Chairman Caster reported that the revenue neutral tax rate is 4 cents. After Board discussion stating the need for full-time staffing of the Porter?s Neck Fire Station, the opening of Murrayville Fire Station and the need for fire hydrants and the positive effect that will have on property insurance rates, Chairman Caster requested direction from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the Fiscal Year 2007- 2008 Budget Ordinance for the Fire Service District as presented with a tax rate of 5 cents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Fiscal Year 2007-2008 Budget Ordinances for New Hanover County and the Fire Service District are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 25.7. APPROVAL OF LEASE REQUEST FROM LEADING INTO NEW COMMUNITIES, INC. Assistant County Manager Pat Melvin reported that at the Board?s June 4, 2007 meeting, Frankie Roberts, Executive Director of Leading Into New Communities, Inc. (LINC, Inc.) presented the request to lease the old Jail Annex located at 222 Division Drive. After discussion, the consensus of the Board was for the term of the lease to be for the annual rent of one dollar for an initial ten year term and renewable at the County?s option for a subsequent ten year term with LINC, Inc. to assume the responsibility of the facility maintenance, repairs and insurance liability. The Board directed staff to proceed with the required publication and to bring a final contract for consideration at their June 18, 2007 meeting. Vice-Chairman Greer stated that he was concerned with leasing County property to non-County agencies. After brief discussion, Chairman Caster requested direction from the Board. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve leasing the old Jail Annex located at 222 Division Drive with the term of the lease to be for the annual rent of one dollar for an initial ten year term and renewable at the County?s option for a subsequent ten year term with LINC, Inc. to assume the responsibility of the facility maintenance, repairs and insurance liability. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition. PUBLIC HEARING AND APPROVAL OF THE ARTICLES OF INCORPORATION, BY-LAWS AND JOINT RESOLUTION FOR THE CONSOLIDATION OF WATER AND SEWER UTILITIES WITH THE CITY OF WILMINGTON Assistant County Manager Dave Weaver reported that as part of the process to consolidate water and sewer utilities with the City of Wilmington, a public hearing is scheduled to hear comments on the following documents: ? Draft By-Laws of the proposed Cape Fear Public Utility Authority ? Draft Articles of Incorporation of the proposed Cape Fear Public Utility Authority ? Draft joint resolution to create the Cape Fear Public Utility Authority Chairman Caster opened the Public Hearing and asked if anyone was present to speak in favor of or in opposition to the consolidation. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to approve the By-Laws, Articles of Incorporation, and adopt the joint resolution with the City of Wilmington for the consolidation of the Water and Sewer Utilities. 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 25.8. BREAK Chairman Caster announced a break from 9:50 a.m. until 10:00 a.m. PUBLIC HEARING AND APPROVAL OF 2007 NORTH CAROLINA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-SCATTERED SITE HOUSING PROGRAM Chairman Caster opened the Public Hearing requested Ms. Wanda Coston, Community Development Planner to make the Staff presentation. Ms. Coston reported that New Hanover County is eligible to receive $400,000 in Scattered Site Housing program funds. The primary objective of the Community Development Block Grant Scattered Site Housing program is to improve the housing conditions of very low income, owner-occupied households with incomes at or below 50% of the area median income, which is $53,900. It is anticipated that ten dwellings will be rehabilitated at an average cost of $36,000. In order to comply with the terms and conditions set forth in the Community NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 126 Development Block Grant requirements, the County must submit the Scattered Site Housing application to the North Carolina Department of Commerce, Division of Community Assistance for review and conduct a public hearing to solicit input concerning the 2007 Scattered Site Housing application. Staff is requesting the Board conduct the public hearing in accordance with the requirements and authorize County Planning staff to submit the 2007 Scattered Site Housing application to Division of Community Assistance for review and the Chairman to sign documents that assure and certify that the County will comply with all applicable Federal and State laws, regulations, rules and Executive Orders. Chairman Caster asked if anyone from the public wished to speak on the issue. 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 County Planning staff to submit the 2007 Scattered Site Housing application to Division of Community Assistance for review and authorize the Chairman to sign documents that assure and certify that the County will comply with all applicable federal and state laws, regulations, rules and Executive Orders. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the ABC Board and Appointment of Chairman Chairman Caster reported that one vacancy needs to be filled on the ABC Board with four applications available for consideration and requested nominations from the Board. Commissioner Pritchett nominated Stephen E. Culbreth. Vice-Chairman Greer seconded the nomination. Commissioner Davis nominated James C. Ballantine. Chairman Caster seconded the nomination. Vote: The Board voted UNANIMOUSLY to appoint Stephen E. Culbreth to serve a three-year term on the ABC Board with the term to expire on June 30, 2010. Chairman Caster reported that the Board needs to appoint a Chairman of the ABC Board and asked for nominations from the Board. Commissioner Kopp nominated Charles C. Wells. Vice-Chairman Greer seconded the nomination. Vote: The Board voted UNANIMOUSLY to appoint Charles C. Wells to serve as Chairman of the ABC Board with the term to expire on July 1, 2008. Appointments to Airlie Gardens Foundation, Inc. Board of Directors Chairman Caster reported that three vacancies need to be filled on the Airlie Gardens Foundation, Inc. Board of Directors with three applicants eligible for reappointment and requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to reappoint John L. Hatcher, Sarah Bellamy McMerty and Larneice Spencer to serve three-year terms on the Airlie Gardens Foundation, Inc. Board of Directors with the terms to expire on June 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Airport Authority Chairman Caster reported that two vacancies need to be filled on the Airport Authority with two applicants eligible for reappointment and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to reappoint Paul G. Burton and Harry W. Stovall, III to serve four-year terms on the Airport Authority with the terms to expire on July 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Community College Board of Trustees Chairman Caster reported that one vacancy needs to be filled on the Cape Fear Community College Board of Trustees with one applicant eligible for reappointment and requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to reappoint William N. Rose to serve a four-year term on the Cape Fear Community College Board of Trustees with the term to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Museum Advisory Board Chairman Caster reported that five vacancies need to be filled on the Cape Fear Museum Advisory Board with one applicant eligible for reappointment and four applications available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Caster, to reappoint Lowell A. Soucie and appoint Stuart Ball, Kenneth W. Finch, Robert Jones to serve three-year terms on the Cape Fear Museum Advisory Board with the terms to expire on June 30, 2010 and appoint Dawn Rowe McKernan to serve the unexpired term on NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 127 the Cape Fear Museum Advisory Board with the term to expire on June 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Fire Commissioners Chairman Caster reported that two vacancies need to be filled on the Board of Fire Commissioners At- Large Community Representative category and two vacancies need to be filled on the Board of Fire Commissioners At-Large Volunteer Fire Department Representative category with two applicants in the At-Large Volunteer Fire Department Representative category eligible for reappointment and no applications received in the At-Large Community Representative category and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint Dominic A. Bianco and Michial Wayne Rhodes to serve three-year terms on the Board of Fire Commissioners with the terms to expire on July 1, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Board directed staff to continue advertising for applications in the At-Large Community Representative category. Appointment to the Juvenile Crime Prevention Council Chairman Caster reported that one vacancy needs to be filled on the Juvenile Crime Prevention Council in the Parks and Recreation category with one application available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Ryan Tunstall in the Parks and Recreation category to serve a two-year term on the Juvenile Crime Prevention Council with the term to expire on September 30, 2009. Appointments to the Nursing Home Community Advisory Committee Chairman Caster reported that vacancies need to be filled on the Nursing Home Community Advisory Committee with two applications available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to appoint Julie Brewer and Patricia Lawler to serve one-year terms on the Nursing Home Community Advisory Committee with the terms to expire on June 30, 2008. 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 six applications available for consideration and requested nominations from the Board. Chairman Caster nominated Patrick G. Riley. No second was received. Vice-Chairman Greer nominated Walter R. Conlogue. Commissioner Kopp seconded the nomination. Commissioner Pritchett nominated Melanie C. Doyle. Commissioner Davis seconded the nomination. Vote: The Board voted UNANIMOUSLY to appoint Walter R. Conlogue to serve a three-year term on the Parks and Recreation Advisory Board with the term to expire on June 30, 2010. Appointment to the Board of Social Services Chairman Caster reported that his term on the Board of Social Services is expiring on June 30, 2007 and that he is eligible and requests reappointment and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to reappoint William A. Caster to serve a three-year term on the Board of Social Services with the term to expire on June 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 10:25 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:49 a.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 ITEM ADOPTION OF RESOLUTION SUPPORTING HOUSE BILL 274 Commissioner Pritchett reported that House Bill 274 is currently before the General Assembly. If approved, the Bill will provide great support to all North Carolina counties in the on-going fight against gangs. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 18, 2007 PAGE 128 Board is being requested to adopt the resolution endorsing House Bill 274 to be enacted as ?The North Carolina Street Gang Prevention Act? and requesting our legislative delegation to support the proposed law. Commissioner Pritchett read the resolution into the record and made a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution endorsing House Bill 274 to be enacted as ?The North Carolina Street Gang Prevention Act? and requesting our legislative delegation to support the proposed law. 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 25.9. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:56 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board