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2007-10-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 216 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 15, 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 Nancy H. Pritchett; Deputy County Attorney Kemp Burpeau; Clerk to the Board Sheila L. Schult and County Manager Bruce T. Shell. Commissioner William A. Kopp, Jr. was absent. Chairman Caster called the meeting to order and welcomed everyone present. Chairman Caster reported that Regular Agenda Item 7 - Recognition of Mr. Randy Wilson has been postponed due to Mr. Wilson being out of town and Regular Agenda Item 10 - Consideration of Award of Contract 08-0186 to HSMM Architects for Architectural Services for Parks Bonds Project has been withdrawn. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Rachel Connelly, Pastor, Water of Life Lutheran Church, 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. Hearing no comments, 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 Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: ? Board of Equalization and Review meeting held on September 24, 2007 ? Agenda Review meeting held on September 27, 2007 ? Regular Session meeting held on October 1, 2007 Approval of Board Meeting Calendar for 2008 The Commissioners approved the Board meeting calendar for 2008. A copy of the calendar is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.1. Approval of Right-of-Way Agreement with the North Carolina Department of Transportation - Frederickson Road The Commissioners granted the North Carolina Department of Transportation a right-of-way easement over a portion of county owned property on Frederickson Road through the intersection of Sutton Lake Road and authorized the Chairman to execute the agreement. The easement was requested so the North Carolina Department of Transportation could grade, stabilize and pave the road. A copy of the agreement is on file in the Legal Department. Adoption of Resolution Rejecting Bids Received in Response to Request for Proposals 08-0098 for In-Home Aide Services and Authorization for Staff to Rebid the Project The Commissioners rejected all bids associated with In-Home Aide Services-RFP 08-0098 received on August 16, 2007 and authorized staff to rebid the project due to errors in the bid proposal. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.2. Acceptance of North Carolina Division of Forest Resources Volunteer Fire Assistance Grant Funds and Adoption of Budget Ordinance Amendment 08-052 ? Fire Services The Commissioners, on behalf of Fire Services, accepted grant funds in the amount of $1,898 from the North Carolina Division of Forest Resources Volunteer Fire Assistance Award Program and adopted budget ordinance amendment 08-052. The funds will be used to purchase additional protective clothing. Funds are available to cover the County's 50% share of $1,898 in the budget line item for safety equipment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 217 A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.3. Ratification of Grant Application Submitted to the North Carolina Public Health Department - Healthy Carolinians Fund ? Health Department The Commissioners ratified the grant application the Health Department submitted to the North Carolina Public Health Department, Healthy Carolinians Fund, in the amount of $12,048. If awarded, the funds will be used to cover the salary for the Coordinator, which will be a contractor paid for services rendered. Ratification of Grant Application Submitted to the Centers for Disease Control, National Association of Chronic Disease Directors and YMCA - ACHIEVE ? Health Department The Commissioners ratified the ACHIEVE grant application the Health Department submitted to the Centers for Disease Control, National Association of Chronic Disease Directors, and YMCA in the amount of $40,000. If awarded, the funds will be used to support policy and environmental change related to physical activity and nutrition through community coalitions of stakeholders that include local YMCAs. No County match is required. The program is anticipated to be sustained with earned fee-based revenues from local employers once grant start-up funds are expended. Acceptance of Grant Funds from the Cape Fear Memorial Foundation and Adoption of Budget Ordinance Amendment 08-061 ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the Cape Fear Memorial Foundation in the amount of $9,000 and adopted budget ordinance amendment 08-061. The funds will be used to purchase automatic electronic defibrillators that will be placed in patrol vehicles for emergency use. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.4. Acceptance of Grant Funds from the Port Security Grant Program, Security by Land and Security by Air, and Adoption of Budget Ordinance Amendment 08-062 ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the Port Security Grant Program in the total amount of $225,000 and adopted budget ordinance amendment 08-062. Security by Land funds in the amount of $24,750 will be used to provide equipment to enhance security at area ports. The local match of $8,250 will be paid from the General Fund. Security by Air funds in the amount of $200,250 will be used to enhance security at area ports by providing labor and all materials for the complete installation of a helicopter landing pad and radio and lighting equipment for the helicopter. The local match of $66,750 will be paid from the General Fund. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.5. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Sheriff's Office budget amendments to amend the annual budget ordinance for the fiscal year ending June 30, 2008: 08-060 - Justice Assistance Grant 08-063 - Governor's Highway Safety Program Grant 08-066 - Insurance Proceeds 08-067 - Court Order Proceeds 2008-40 - Controlled Substance Tax Receipts 2008-41- Federal Forfeited Property Receipts Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 32.6. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments to amend the annual budget ordinance for the fiscal year ending June 30, 2008: 08-034 - Health 08-038 - Health 08-039 - Health 08-043 - Parks 08-048 - Department of Social Services 08-049 - Department of Social Services 08-050 - Department of Social Services 08-057 - Department of Aging 08-058 - Parks NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 218 08-069 - Health Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 32.7. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Jaime Knox - Sheriff's Office Marjorie Brush - Aging Services Ten Year: Mike Arkinson - Information Technology Janet Oliver ? Library Fifteen Year: Frederick Clingenpeel - Sheriff's Office Elmer Long - Sheriff's Office Sheryl Vought - Public Safety Communications Twenty Year: Charles Lee - Inspections Department 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. Kevin Woodward Environmental Management Nancy Gilstrap Health Department Christine Freaney Health Department Kendel Gwynn Inspections Department Richard Cannon Inspections Department Kirk Praster Inspections Department Gwen Hill Juvenile Center Janine Powell Cape Fear Museum Eloise Spencer Parks Department Teresa Childers Parks Department Joseph Gallagher Parks Department Karen Campbell Property Management Rhonda Lloyd Social Services Karen Johnson Social Services Sandra Thorne 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 RESOLUTION RECOGNIZING PATRICIA A. MELVIN, ASSISTANT COUNTY MANAGER, FOR OVER THIRTY YEARS OF SERVICE TO NEW HANOVER COUNTY County Manager Bruce Shell reported that the Board is being requested to consider a resolution recognizing Patricia A. Melvin, Assistant County Manager, for her service to New Hanover County. During Ms. Melvin?s tenure she held positions in Human Relations, Human Resources, Assistant to the County Manager and Assistant County Manager. As Assistant County Manager her job has oversight of the Department of Social Services, Health Department, Register of Deeds, Board of Elections, Cape Fear Museum, Library, Juvenile Day Treatment Center, Human Relations, Veterans Services, and other human service related agencies. Ms. Melvin is retiring with over thirty years of dedicated service to the citizens of New Hanover County. Vice-Chairman Greer read the resolution into the record and moved for approval. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution recognizing Patricia A. Melvin, Assistant County Manager, for over thirty years of service to New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. Ms. Melvin received the resolution and thanked the Board for the recognition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.8. NORTH CAROLINA HEALTH DIRECTOR OF THE YEAR DAVID E. RICE RECOGNITION Commissioner Pritchett reported that David E. Rice, New Hanover County Health Director, was recently named North Carolina?s Health Director of the Year. The North Carolina Health Director of the Year Award is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 219 sanctioned by the North Carolina Association of County Commissioners and implemented through the North Carolina Association of Local Health Directors. Health Director Rice also received the 2007 Ham Steven?s Award for North Carolina. Just a few of the accomplishments that earned Mr. Rice the award were his commitment to make the Health Department more efficient and effective to impact the community. Under Mr. Rice?s leadership the department was totally reorganized. All clinic services are offered every day as opposed to certain clinics on a few days of the week. The number of customers seen in a given day has almost doubled with the same amount of staff. Mr. Rice commented that none of these accomplishments would have been possible without the support of the New Hanover County Board of Health, the County?s support and understanding and the great staff that is currently in place at the Health Department. He thanked the Board for the recognition. On behalf of the Board, Chairman Caster recognized Mr. Rice on his achievement. PRESENTATION AND ADOPTION OF RESOLUTION ENDORSING EFFORTS TO HAVE THE AIRCRAFT CARRIER USS INSTALLED IN NEW HANOVER COUNTY AS A FLOATING KITTY HAWK MUSEUM Chairman Caster reported that Wilbur Jones and Howard Loving have requested the Board adopt a resolution endorsing local efforts to bring the aircraft carrier USS Kitty Hawk (CV-63) to New Hanover County as a floating museum. Mr. Jones and Mr. Loving presented the plans for the aircraft carrier reporting that this addition would supplement the Battleship North Carolina Memorial as an additional historical and multi-use attraction. The aircraft carrier is scheduled to be decommissioned in 2008. Chairman Caster read the proclamation into the record and moved for approval. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation endorsing the efforts to have the aircraft carrier USS Kitty Hawk installed in New Hanover County as a floating museum. Upon vote, the MOTION CARRIED 4 TO 0. Mr. Jones and Mr. Loving received the resolution and thanked the Board for the endorsement. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.9. ADOPTION OF PROCLAMATION DECLARING FRIDAY, OCTOBER 19, 2007 AS SOLDIER RIDE DAY IN NEW HANOVER COUNTY Chairman Caster reported that John F. Melia, Colonel, US Army Retired, has requested the Board adopt a proclamation designating Friday, October 19, 2007 as Soldier Ride Day on behalf of the Wounded Warrior Project. The Wounded Warrior Project seeks to assist those men and women of the armed forces who have been severely injured during the conflicts in Iraq, Afghanistan, and other locations around the world. The "Soldier Ride" is a charity bike event to benefit severely wounded service men and women. On Friday, October 19 a kick-off ceremony will begin at Camp Lejeune, with a ride along Highway 17 and will end with a rally at Hugh MacRae Park between 3 p.m. and 4 p.m. On Saturday, October 20 the group will ride from Carolina Beach to Myrtle Beach. Commissioner Davis read the proclamation into the record and moved for approval. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation designating Friday, October 19, 2007 as Soldier Ride Day on behalf of the Wounded Warrior Project. Upon vote, the MOTION CARRIED 4 TO 0. On behalf of the Wounded Warrior Project, US Army Retired Colonel Melia received the proclamation and thanked the Board for the recognition. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.10. PRESENTATION OF 2007 ANNUAL REPORT FOR THE FIFTH DISTRICT DIVISION OF COMMUNITY CORRECTIONS Jean Walker, Judicial District Manager, presented the 2007 Annual Report for the Fifth District Division of Community Corrections. Ms. Walker reported that the Fifth Judicial District is comprised of New Hanover County, an urban area, and Pender County, a large rural area. Being committed to the principles of community corrections, District Five places emphasis on both community safety and offender rehabilitation and is currently comprised of 95 employees. New Hanover County is a participant in the Division of Community Corrections? Urban Plan Project. This plan encompasses a Judicial Services Team, a Special Operations Unit, and four Field Units. Specialized caseloads NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 220 include Sex Offender Control Program, Electronic House Arrest, Drug Court, Day Reporting Center, Domestic Violence, and GPS. The staff of the Fifth Judicial District is a dedicated group of professionals who work hard to ensure that the goals and objectives of the Division of Community Corrections are met. Through employee efforts, offenders receive the structure and assistance they need, and our communities are made safer. Contributions to the community are further enhanced by employee involvement in civic activities. On behalf of the Board, Chairman Caster thanked Ms. Walker for the report. ADOPTION OF JOINT RESOLUTION WITH PENDER COUNTY TO DETERMINE A PLAN FOR THE DELIVERY OF SEWER AND WATER TO THE U.S. HIGHWAY 421 CORRIDOR Commissioner Davis requested to be recused from the Board?s consideration of this item due to owning an interest in real property located in the U.S. Highway 421 Corridor area. Motion: Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to recuse Commissioner Davis from the Board?s consideration of this item due to owning an interest in real property located in the U.S. Highway 421 Corridor area. Upon vote, the MOTION CARRIED 3 TO 0. Chairman Caster welcomed Pender County Commissioner George Brown and Pender County Manager/County Clerk Lori Brill. County Manager Shell reported that at the direction of the Board, staff has been working with Pender County in developing a plan that would direct the preparation of an engineering alternatives analysis and an environmental assessment for the development of a wastewater treatment facility to serve the U.S. Highway 421 Corridor. Tony Boahn, McKim and Creed, reported that the proposed regional facility would make use of New Hanover County's National Pollutant Discharge Elimination System sewer discharge permit for four million gallons per day which expires in November 2011 and the 350 acre site owned by Pender County to construct a drinking water treatment plant. New Hanover County would become a customer for a minimum of 0.3 million gallons per day. The cost associated with the project is estimated to be $23 million. Mr. Boahn highlighted the following project information: ? A two million gallon per day potable water treatment plant; each county would each contribute $7.5 million ? New Hanover County would contribute $7.8 million for the collection system ? Total probable costs: Pender County in the amount of $7.5 million; New Hanover County in the amount of $15.3 million ? Annual estimated debt service: Pender County in the amount of $456,000; New Hanover County in the amount of $940,000 ? Annual operating costs estimated to be $800,000; shared cost annually of $400,000 ? Projected time line ? 54 to 66 months: ? Engineering analysis ? 6 months ? Environmental assessment 20 months ? Design/permitting/bid ? 15 months ? Construction ? 30 months ? Next steps: ? Interlocal agreement ? Consult with DENR ? Engineering alternatives analysis cost $50,000 (six months) ? Environmental assessment cost $175,000 (18-20 months) Staff is requesting the Board adopt the joint resolution with Pender County directing the preparation of an engineering alternatives analysis and an environmental assessment for the development of a wastewater treatment facility to serve the U.S. Highway 421 Corridor and budget ordinance amendment 2008-46 in the amount of $112,500 which is the County?s 50% portion of the cost of the study. The Pender County Board of Commissioners will consider the resolution at their meeting this evening. County Manager Shell read the resolution into the record. After comments from the Board on the mutual benefits of partnering together to provide infrastructure along the U.S. Highway 421 Corridor in both counties, Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the joint resolution with Pender County directing the preparation of an engineering alternatives analysis and an environmental assessment for the development of a wastewater treatment facility to serve the U.S. Highway 421 Corridor and budget ordinance amendment 2008-46 in the amount of $112,500. Upon vote, the MOTION CARRIED 3 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 221 A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.11. AUTHORIZATION OF STAFF TO PROCEED WITH THE UPSET BID PROCESS FOR 3018 PRINCESS PLACE DRIVE Deputy County Attorney Kemp Burpeau reported that Joe Conyers has offered to purchase a vacant commercial lot owned by the City and County identified as 3018 Princess Place Drive. The initial offer price is the 2007 tax value in the amount of $31,035. The County Tax Administrator has determined that the offer price reflects market value. County Engineering has not identified any need to retain the surplus property. The City approved the proposed sale for advertisement at its October 2, 2007 regular meeting. Staff is recommending the Board authorize staff to advertise 3018 Princess Place Drive for upset bids, and close upon completion of the property disposition process. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to direct staff to proceed with the upset bid process of 3018 Princess Place Drive noting that without any further upset, staff may convey the parcel of property. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF RESOLUTION AUTHORIZING THE INTEREST RATE SWAP AGREEMENT AND THE FILING OF THE APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION Chairman Caster reported that for the Board?s consideration is a resolution authorizing the County to enter into an interest rate swap agreement and authorizing the County to file an application with the Local Government Commission for the approval thereof. Chairman Caster read the resolution into the record and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution authorizing the County to enter into an Interest Rate Swap Agreement and authorizing the County to file application with the Local Government Commission for the approval of the Swap Agreement. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 32.12. COMMITTEE APPOINTMENTS Appointment to the Jury Commission Chairman Caster reported that one vacancy needs to be filled on the Jury Commission with one application available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to appoint James F. Reid to serve a two-year term on the Jury Commission with the term to expire on October 31, 2009. Upon vote, the MOTION CARRIED 4 TO 0. Appointments to the Library Advisory Board Chairman Caster reported that two vacancies need to be filled on the Library Advisory Board to fill two unexpired terms with two applications available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to appoint Kemp Magnus Burdette to serve the unexpired term on the Library Advisory Board with the term to expire on August 31, 2008 and Tami Davis Hinshaw to serve the unexpired term on the Library Advisory Board with the term to expire on August 31, 2009. Upon vote, the MOTION CARRIED 4 TO 0. Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Caster reported that four vacancies need to be filled on the New Hanover Regional Medical Center Board of Trustees with four applicants eligible for reappointment and eleven applications available for consideration and requested direction from the Board. Commissioner Pritchett nominated Nancy S. Marks. Chairman Caster seconded the nomination. Chairman Caster nominated Carl D. Brown and Ronald J. Isyk. Vice-Chairman Greer seconded the nomination. Commissioner Pritchett nominated Patricia L. Leonard. Chairman Caster seconded the nomination. Hearing no further nominations, Chairman Caster called for a vote on the nominations. Vote: The Board voted 4 TO 0 to appoint Nancy S. Marks to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2010. Vote: The Board voted 4 TO 0 to appoint Carl D. Brown and Ronald J. Isyk to serve a three year term on the New NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 15, 2007 PAGE 222 Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2010. Vote: The Board voted 4 TO 0 to appoint Patricia L. Leonard to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2010. County Attorney Wanda M. Copley arrived at 10:16 a.m. BREAK Chairman Caster called for a break from 10:16 a.m. until 10:32 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 10:32 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 10:47 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. 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 0. Chairman Caster adjourned the meeting at 10:50 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board