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2008-01-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 291 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 22, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; 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 Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE The Reverend Richard G. Elliott of St. Andrew's On-the-Sound Episcopal Church gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster 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 of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on January 3, 2008 Board of Equalization and Review meeting held on January 3, 2008 Regular Session meeting held on January 7, 2008 Board of Equalization and Review meeting held on January 11, 2008 Approval of First Reading of Non-Exclusive Franchise to Waste Hauling Services, LLC ? Legal Department The Commissioners, according to Section 44-55 of the County Code, approved the first reading to award a non- exclusive franchise to Waste Hauling Services, LLC for the collection of solid waste for compensation. Staff has reviewed the required documents and finds the organization and financial integrity adequate for franchise award. The second reading will be at the Board?s February 4, 2008 meeting. Adoption of Capital Project Ordinance for Cape Fear Community College Public Safety Training Center and Budget Ordinance Amendment 2008-74 ? Finance Department The Commissioners adopted the Capital Project Ordinance to establish the fund for the Cape Fear Community College Public Safety Training Center and Budget Ordinance Amendment 2008-74 in the amount of $3.5 million as was approved by the Board of Commissioners on September 19, 2005. The total project cost is estimated to be $10,140,000; $3,140,000 was funded by State Construction Funds. The County will fund its portion through installment financing with one-half or $1,750,000 coming from the General Fund and one-half or $1,750,000 coming from the Fire District Fund. A copy of the project ordinance and a copy of the budget ordinance amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 2.1. Acceptance of a Detection/Deterrence Search and Surveillance System from the United StatesDepartment of Homeland Security, FEMA and National Preparedness Directorate and Adoption of Budget Ordinance Amendment 08-127 ? Fire Services The Commissioners, on behalf of Fire Services, accepted a Detection/Deterrence Search and Surveillance System (Zisto Search Camera System) from the United States Department of Homeland Security, FEMA and National Preparedness Directorate in the amount of $9,500 and adopted Budget Ordinance Amendment 08-127. The system will become part of the Fire & Rescue Services Tactical Rescue Team inventory for use in rapid location of trapped victims while minimizing the hazards faced by rescuers searching voids that do not contain trapped victims. As part of the requirement of this grant, one employee will be sent to a required training session in Arizona to ensure our personnel are properly trained to utilize this equipment effectively. The travel expenses are included in the grant award. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 2.2. Acceptance of a TACSIGHT SE35 Advance Thermal Imagerfrom the Department of Homeland Security Commercial Equipment Direct Assistance Program and Adoption of Budget Ordinance Amendment 08-123 ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted a TACSIGHT SE35 Advance Thermal Imager for Law Enforcement from the Department of Homeland Security Commercial Equipment Direct Assistance Program in the amount of $11,794 and adopted Budget Ordinance Amendment 08-123. The TACSIGHT SE35 provides image clarity in low thermal contrast conditions utilizing a micro bolometer with digital processing that enhance officer safety NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 292 and scene visibility. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 2.3. Adoption of Resolutions Supporting the 2007 North Carolina Small Cities Community Development Block Grant Program - Scattered Site Housing Program ? Planning Department The Commissioners adopted two resolutions supporting the 2007 North Carolina Small Cities Community Development Block Grant Program ? Scattered Site Housing Program. At the Board?s meeting on November 25, 2007 they approved $400,000 in Community Development Block Grant funds to rehabilitate ten very low income owner- occupied dwellings. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 2.4. Approval of Release of Tax Values ? Tax Department The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Apel, Heide D. $ 100,075 Lawton, Jerry Ann $ 74,680 Benson, Nancy B. 78,529 Leparulo, Judith K. 110,610 Brown, Irene D. 52,006 Martin, Patricia Elizabeth 62,177 Brown, Moris Rebecca 57,019 McConnell, Jeanne V. Rev. Trust 130,226 Brown, Oscar 45,556 McDade, William A. 16,207 Caldwell, Shirley M. Etal. 82,808 Mitchell, W. C. Earlene 39,487 Carroll, Irene 118,892 Papesch, Walter Carl 110,346 Chase, Jeanne S. 171,713 Peoples, Leroy 45,989 Chandarana, Radhabai Life Estate 64,657 Radcliffe, V. Duncan Trust 223,240 Cobo, Eleanor I. 146,901 Ripley, Herbert J. Madeline 93,300 Dinehart, Deborah Ann Etal. 81,817 Rogers, Linda S. Etal 118,719 Farrow, Lonia Mae 83,381 Romero, Mark A. 79,283 Gourley, Janet Armou 297,088 Roth, Shirley R. 134,025 Griffin, Katherine M. Etal 135,962 Sinhel, Ina Olson 98,593 Hargrove, Gloria P. 111,082 Skokowski, Lori A. 131,010 Hayes, Earl 112,591 Spain, Shirley 63,350 Herring, Doris Fowler 95,658 Spence, Mary E. 72,259 Jackson, Walter L. Life Estate 63,072 Thompson, Annie B. 80,932 James, Rose Marie 91,431 Thompson, Gladys W. 34,283 Josey, Stephanie 55,074 Tyler, David C. Life Estate 86,453 Kerekes, Mabel T. 78,960 White, Sturgis J. 64,686 Kornegay, Joan G. 154,195 Williams, Doris J. Willetts 51,583 Kramer, Juan M. Marie 44,243 Wood, Marilyn I. 92,036 Lane, Richard B. Jr. Nina 118,913 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 08-115 - Social Services 08-119 - Criminal Justice Partnership Program 08-126 - Health Department 08-128 - Health Department 2008-77 - Sheriff's Office 2008-78 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 2.5. REGULAR ITEMS OF BUSINESS STATE OF THE COUNTY ADDRESS Chairman Greer presented the annual State of the County Address. A copy of the state of the county address is incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 31.2.6. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Robert Richardson - Information Technology Joe Phelps - Inspections Walter Bordeaux - Parks Department Tina Allen - Sheriff's Office Justin Brown - Sheriff's Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 293 Howard Collins - Sheriff's Office Florence Wheeler - Sheriff's Office Ten Year: Paul Marlow - Environmental Management Audrey Curry - Sheriff's Office Fifteen Year: Teresa Horsboll - Environmental Management Richard Lang - Inspections Twenty Year: Richard Hinson - Property Management Twenty-Five Year: Mary Brantley - Social Services M. Cameron Griffin - Budget Department Thirty-Five Year: Frank Demeter - Social Services On behalf of the Board, Chairman Greer 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: Barbara Hoffman Engineering David Wright Engineering Dustin Fenske Health Department Avry Hammen Health Department Maria Standfest Health Department R. Mitchell Rose Inspections Felicia Simpson Juvenile Center Dorothy Stewart Social Services Chris Coudriet County Manager's Office On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. ADMINISTRATION OF OATH OF OFFICE TO DEPUTY CLERK KYMBERLEIGH G. CROWELL Chairman Greer administered the Oath of Office to Kymberleigh G. Crowell, Deputy Clerk to the Board and introduced Ms. Crowell?s husband Richard. Ms. Crowell?s position was recently reclassified to Deputy Clerk to the Board. A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 2.7. PRESENTATION OF RECOGNITION PLAQUE TO JACQUELINE KARCH FOR FUNDRAISING EFFORTS DeputyFire Chief Matthew Davis reported on the efforts of Jacqueline Karch and her dog Netop, in raising funds to purchase pet oxygen masks for area fire departments. Both New Hanover County Fire Services and the City of Wilmington were receptive to her idea and the culmination was held at the Children's Museum of Wilmington. Money was raised from selling raffle tickets for a large painting that was actually done by Netop as well as from direct donations and selling other paintings by Netop, at the event. This event raised almost $3,000 allowing the purchase of 54 sets of pet oxygen masks. New Hanover County was the recipient of twenty-three of these masks. Deputy Fire Chief Davis presented Ms. Karch a plaque of appreciation from New Hanover County Fire Services. On behalf of the Board, Chairman Greer thanked Ms. Karch for her fundraising efforts. ADOPTION OF RESOLUTION SUPPORTING THE INITIATIVE WITH NORTH CAROLINA DIVISION OF TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF US HIGHWAY 17 AND MARSH OAKS DRIVE Planning Director Chris O?Keefe reported that the intersections of US Highway 17 (Market Street) and Marsh Oaks Drive (SR 2734) are frequently congested and present hazards to citizens of New Hanover County. The intersection has been identified by North Carolina Department of Transportation as meeting the warrants established for signalization. The Board is being requested by the Department of Transportation to support this effort by resolution. Chairman Greer read the resolution into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution requested by the Department of Transportation supporting NCDOT?s effort to install a traffic signal at the intersections of US Highway 17 (Market Street) and Marsh Oaks Drive (SR 2734). 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 XXXI, Page 2.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 294 TRI-COUNTY GANG TASK FORCE PRESENTATION Gang Counselor Michelle Guarino, Sergeant John Leonard, Detective J.P. Guarino, Detective Calvin Barnes and Case Manager Kristy Williams presented the Tri-County Gang Task Force update. The mission statement of the task force is to implement a combination of prevention, intervention, diversion, and suppression strategies to address the many factors that cause and sustain gang/juvenile violence in the tri-county area. The following highlights were presented: ? Total youth served ? 338 ? Total contact time ? 14,908 hours ? Median age served is 14 years of age ? 84% improved school performance ? 80% improved school conduct ? 70% of those on probation were compliant and had no criminal charges ? 13% obtained employment ? 90% were compliant with Gang Task Force program ? 87% met performance goals while in the Gang Task Force program ? Active programs include: therapy; case management; equine therapy partner with Coastal Therapeutic Riding; outdoor learning partnering with Coastal Horizons; rock climbing partnering with Climb on Rock Climbing; anti-gang/character building curriculum; Teens on Campus partnering with UNCW; Social Re- entry; Providing A Link program; Shotz Recreation Program; Designated ?Kids All American Fishing? site; Referrals to specialized services; grant partner programs ? Dreams and Kids Making It; and outings ? experiential, educational, and recreational. On behalf of the Board, Chairman Greer congratulated the Tri-County Gang Task Force members on the success of their program and thanked them for their dedication and hard work. APPROVAL OF FUNDING FOR SUBMARINE USS NORTH CAROLINA COMMISSIONING CEREMONY AND FESTIVITIES AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 08-138 Louise McColl reported that on May 3, 2008, the Department of the Navy will commission a nuclear USS North Carolina submarine, the . The submarine is currently located in Newport News, Virginia. The submarine and its crew will visit Wilmington for the commissioning. The City of Wilmington is supporting this event in the amount of $50,000. The County is also being requested to support this event in the amount of $50,000. Chairman Greer reported that Budget Ordinance Amendment 08-138 in the amount of $50,000 has been prepared for the Board?s consideration. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve supporting the festivities USS North Carolina related to the commissioning of the submarine in the amount of $50,000 and adopt Budget Ordinance Amendment 08-138. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 2.9. APPROVAL OF REQUEST FOR ONE ATTORNEY AND ONE PARALEGAL POSITION IN THE DEPARTMENT OF SOCIAL SERVICES Department of Social Services Director LaVaughn Nesmith presented the request for an additional attorney and paralegal to address the backlog and growing demands in children and adult protective services. The Department?s FY07-08 budget has sufficient funds to support the two additional positions for the remainder of the current fiscal year. The expenses for remainder of FY 07-08 will be in the amount of $67,613; 50% reimbursement would be $33,807 net county cost. The annual expense will be in the amount of $127,895; 50% reimbursement would be $63,948 net county cost. As of January 9, 2008 there are thirty-two children in Department of Social Services custody who have a plan of adoption where the petition to terminate parental rights has not yet been initiated. None of these children are in compliance with the Federal standard of achieving adoption within twenty-four months. The total cost of caring for these thirty-two children equals approximately $18,000 per month or $216,000 per year. This figure only includes room and board expenses and does not include other costs such as clothing, medical, or Department of Social Services staff time. Failure to meet the standard could result in New Hanover County paying 100% of the costs with no reimbursements from State or Federal. New Hanover County's share could increase from $9,000 per month or $108,000 per year to $18,000 per month or $216,000 per year for these thirty-two children. In addition to the financial cost, the social and emotional costs of a child lingering in Department of Social Services custody without a permanent family must be considered. The longer a child remains in foster care, the greater the likelihood that the child will not finish high school, become homeless, fall into substance abuse and commit crimes. District Court Judge Jay Corpening spoke on the dire need to address permanency for children in foster care and requested the Board consider approving the additional positions. Chairman Greer requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 295 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve two Department of Social Services positions, one attorney and one paralegal, for the remaining of Fiscal year 07-08 to address the backlog and growing demands in children and adult protective services. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called for a break from 10:13 a.m. until 10:38 a.m. ADOPTION OF RESOLUTION SUPPORTING THE TEN-YEAR PLAN TO END CHRONIC HOMELESSNESS AND REDUCE HOMELESSNESS IN THE CAPE FEAR REGION AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 08-139 City of Wilmington Mayor Bill Saffo and Dr. Spiro Macris, Steering Committee Co-Chair, Ten-Year Plan to End Homelessness presented the request for the Board?s consideration to support the Ten-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region and financial support in the amount of $20,000. The requested amount will aid in covering administrative expenses until July 1, 2008. The Cape Fear United Way has agreed to provide office space. The City of Wilmington and the Board of County Commissioners are also being requested to consider supporting the Plan in the amount of $50,000 for fiscal year 08-09. Commissioners from Brunswick and Pender Counties have agreed to serve on the Board of Directors and it is expected that there will be support from these counties in the near future. Commissioner Pritchett stated her concern on the need for substance abuse to be addressed along with the homeless issue. The County already does a lot to support homeless issues. Commissioner Davis stated his concern for the Plan?s unknown factors in addressing housing issues and substance abuse. He stated that he is not ready to commit to $50,000 before the regular budget process has begun. A regional approach is needed to address the homeless issues. In response to Board questions, Dr. Macris presented the need to proceed hiring the Project Coordinator position. It will be the responsibility of the Project Coordinator to bring all these concerns together and move forward in the right direction. County Manager Bruce Shell reported that a resolution supporting the Plan and Budget Ordinance Amendment 08-139 in the amount of $20,000 has been prepared for the Board?s consideration. After discussion, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution supporting the Ten-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region and adopt Budget Ordinance Amendment 08-139 in the amount of $20,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 2.10. APPROVAL OF REQUEST FOR FIVE DEPUTY SHERIFF POSITIONS AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 08-122 Sheriff Sid Causey presented the request for five additional deputy sheriff positions and offered the following justification: ? In November 2007, Judge Cobb requested an additional (secondary) bailiff in courtroom 403. The nature of the trials in Criminal Superior Court and appearances being made justify this request from a safety and security standpoint. ? In March 2008, Courtroom 100, Criminal and Traffic Court, will be operating full-time and will require two additional bailiffs for the courtroom and one for the holding cell in the hallway to the rear of the courtroom. This holding cell is not currently being utilized. Regulations mandate a Deputy to be present when inmates are in the holding cell for supervision and fire safety purposes. ? In January 2008, Courtroom 402, an additional Superior Court courtroom will be opened to handle Medical Malpractice lawsuits. The visiting judge has been scheduled for all of 2008. This will require one additional bailiff. Sheriff Causey continued reporting that the primary purpose and function of a Deputy Sheriff (bailiff) is to escort inmates within the courthouse, maintain order within the courtroom, and provide protection for judicial officials and the public. The salaries/fringes cost estimate to fund the five new positions for the remainder of FY07-08 is $85,636, March 2008 thru June 2008, and will be absorbed in the Sheriff?s Office current budget. The annual cost of positions will be $256,910. Budget Ordinance Amendment 08-122 has been prepared for the Board?s consideration. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve five new positions for the remainder of the FY 07-08 in the amount of $85,646 with existing funds in the Sheriff?s Office current budget and adoption of Budget Ordinance Amendment 08-122. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 296 A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 2.11. INTRODUCTION OF MATT JORDAN GENERAL MANAGER FOR THE CAPE FEAR PUBLIC UTILITY AUTHORITY Chairman Greer introduced Matt Jordan reporting that he has recently been hired as General Manager of the Cape Fear Public Utility Authority. Mr. Jordan thanked the Board for their support and stated that he is looking forward to working with the County and the City of Wilmington. PRESENTATION BY MARLOWE & COMPANY ON STATUS OF FEDERAL FUNDING FOR BEACH NOURISHMENT AND DREDGING PROJECTS County Manager Bruce Shell reported that Steve Dye, a representative from Marlowe & Company, was present to update the Board on the 2008 proposed activities. Mr. Dye outlined what Marlowe & Company will be requesting on behalf of New Hanover County: ? Wrightsville Beach ? The fiscal year 2008 Omnibus Appropriations bill contained $280,000 to investigate a sand source for the beach renourishment project. This funding is expected to be enough for the Corps to complete the work it needs to do in 2008, but the result of the study is expected to recommend a General Reevaluation Report. This study will allow the project to be redesigned to include a more reliable source of sand, as well as remedy other problems with the current design, such as the sand escarpment at the north end of the project area. In advance of the next renourishment in 2010, the Corps will need about $250,000 in fiscal year 2009 to complete the Plan and Specs work. ? Carolina Beach ? in the recently completed fiscal year 2008 Omnibus Bill $1.23 million was included to dredge Carolina Beach Inlet. Marlowe & Company represents the North Carolina Beach, Inlet, and Waterway Association, which made this request to Congress. The shore protection project on Carolina Beach will be the first project in the nation to reach the end of its 50 year authorization in 2014. This means the project will need to be reauthorized before that date in order to continue to be a part of the Corps shore protection mission. Marlowe & Company has worked closely with the Corps Headquarters over the last several months to get approval to have the Carolina Beach project reauthorized under Section 216 of the Flood Control Act of 1970. Section 216 authorized studies to review completed federal flood control projects and to recommend project modifications. Upon completion of the study and approval by the Assistant Secretary for the Army of Civil Works, the Carolina Beach project will be reauthorized for another fifty years. On behalf of the County, the Headquarters have been asked to provide the Wilmington District with written guidance to proceed under Section 216. The County will need to request $30,000 from Congress in the fiscal year 2009 Energy and Water Development Appropriations Bill to begin the study. ? Carolina Beach and Kure Beach Renourishment - The Wilmington District will need $300,000 in fiscal year 2009 to do the Plans and Specs work. The Wilmington District currently has about $1 million remaining from the fiscal year 2006 Supplemental Appropriations Bill for the last Carolina Beach renourishment. It may be possible to use these funds for the Plans and Specs work, but will not be able to th determine this until after February 4 when the President releases his budget for fiscal year 2009. If these funds cannot be reprogrammed, then in the next month, the County will need to seek $300,000 from Congress for fiscal year 2009. ? U.S. Highway 421 Improvements - The County should continue to seek Congress?s assistance to improve the infrastructure along U.S. Highway 421. The increased coordination with Pender County will help the County?s efforts since Congress usually looks favorably upon regional coordination on economic development projects. The County should request funding for water infrastructure in the EPA?s State and Tribal Assistance Grant program in fiscal year 2009. Additionally, in 2008 Congress will begin work on the next transportation reauthorization bill, due to expire in 2009. This bill has historically been an excellent source for communities to receive funding for transportation improvement projects. Marlowe & Company has been told by Congress that they will begin putting together the next transportation reauthorization bill in early 2008. In closing, Mr. Dye stated that Marlowe & Company is honored to represent New Hanover County and they look forward to another successful year working on our behalf in Washington, DC. Chairman Greer stated that he would like to see the north end of Wrightsville Beach included in the study area and the Plans and Specs work. After a brief question and answer period, on behalf of the Board, Chairman Greer thanked Mr. Dye for the update. ACCEPTANCE OF COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2007 As part of the completion of the annual audit, Finance Director Avril Pinder introduced Gary Ridgeway, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 297 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, 2007. 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 Greer thanked Mr. Ridgeway for the presentation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to accept the Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 2007. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 2007 is on file in the Finance Department. BREAK Chairman Greer called for a lunch break from 12:23 p.m. until 1:08 p.m. APPROVAL OF STATE PUBLIC SCHOOL BUILDING CAPITAL FUND APPLICATIONS FOR LOTTERY AND CORPORATE TAX AVERAGE DAILY MEMBERSHIP FUNDS Budget Director Cam Griffin reported that New Hanover County Board of Education is requesting the Board approve the State Public School Capital Fund Applications for lottery and Corporate Tax ADM funds. The request is to use $1.4 million of lottery funds and $2 million of Corporate Tax Average Daily Membership funds for specific identified projects. During the FY07-08 Budget process, $900,000 in capital projects and $500,000 in debt service were identified in the Schools Budget to be funded by the lottery funds. FY06-07 lottery proceeds totaled $1,201,498 and first quarter of FY07-08 proceeds were $337,649, for a balance of $1,539,147 of available lottery funds prior to the attached applications. The Corporate Tax Average Daily Membership fund is currently $3.2 million, of which $2 million identified in the application was budgeted as anticipated revenue in the Schools FY 07-08 budget. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the State Public School Capital Fund Applications for lottery in the amount of $1.4 million and Corporate Tax Average Daily Membership funds in the amount of $2 million for specific identified projects. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION AWARDING THE CONTRACT FOR SOLID WASTE ENGINEERING SERVICES AT THE LANDFILL TO SCS ENGINEERS Environmental Management Director John Hubbard reported that in the next two years several key strategic projects will begin and/or be completed at the New Hanover County Landfill. The projects include the construction of landfill Cell 6D, the site permitting of the southern landfill property, design/construction of a C&D facility, and the construction of a landfill gas collection system. In addition to these projects, routine engineering services including annual volume/disposal capacity calculations will be conducted. As a result of these needs, New Hanover County?s Department of Environmental Management solicited Requests for Proposals to provide solid waste engineering services for the New Hanover County Landfill. Based on the outcome of the review, staff recommends that these services be awarded to the highest ranking firm, SCS Engineers, for a term of three years with the option of two one-year extensions based upon acceptable performance. These services include, but are not limited to, long term planning, facility permitting, engineering design for landfill construction/closure, construction services, certification of construction/closure, leachate management system design, storm water permitting, recycling facilities, household hazardous waste facilities, and landfill gas management projects. These services are and will continue to be needed as the landfill expands. In response to Board questions, Director Hubbard clarified that funding for the projects will be generated by tipping fees collected from solid waste disposal at County owned facilities and come out of the Environmental Management, Landfill Division annual operating budget. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding the three year contract to SCS engineers for all solid waste engineering services at the Landfill. 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 XXXI, Page 2.12. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 298 ADOPTION OF FIRST READING AMENDING COUNTY ORDINANCE CHAPTER 26 FIRE PROTECTION AND PREVENTION ARTICLE I, SECTION 26-2 Deputy Fire Chief Matt Davis reported that in order to ensure the protection of the health and safety of the residents of the county, staff is proposing to amend Chapter 26-2, Fire Protection and Prevention, Article 1, Section 26-2 Open Burning for Fire Training of the County Ordinance. This amendment will require any agency wishing to hold live burn training to obtain prior approval from the County Fire Marshal. Staff is requesting the Board adopt the ordinance amending County Ordinance Chapter 26, Fire Protection and Prevention, Article 1, Section 26-2. County Attorney Wanda Copley stated that if a unanimous vote is not received a second reading is required. Chairman Greer requested direction from the Board. Commissioner Kopp stated that for the purpose of requiring a second reading, he would be voting in opposition. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the ordinance amending County Ordinance Chapter 26, Fire Protection and Prevention, Article 1, Section 26-2. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. Chairman Greer stated that a second reading will be required. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Greer reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with one new application having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Samuel Cory Gore, Jr. to serve a one-year term on the Adult Care Home Community Advisory Committee with the term to expire on January 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Nursing Home Community Advisory Committee Chairman Greer reported that vacancies need to be filled on the Nursing Home Community Advisory Committee with one applicant eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Dorothy L. Grime to serve a three-year term on the Nursing Home Community Advisory Committee with the term to expire January 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Tourism Development Authority Chairman Greer reported that one vacancy needs to be filled on the Tourism Development Authority in the Wrightsville Beach Hotel with over 150 rooms Owner/Manager category with one new application having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Anne Marie Hartman to serve a three-year term on the Tourism Development Authority in the Wrightsville Beach Hotel with over 150 rooms Owner/Manager category with the term to expire December 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 1:26 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 1:55 p.m. NON-AGENDA ITEMS Chairman Greer 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 DISCUSSION OF DUCK HUNTING IN HOWE CREEK Commissioner Kopp requested a discussion on duck hunting in Howe Creek. He requested County Attorney Wanda Copley present the State law as it relates to hunting and the County ordinance as it relates to the discharge of firearms. County Attorney Copley reported that North Carolina General Statute 153A-129 Firearms states that: A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter IV, when used in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JANUARY 22, 2008 PAGE 299 defense of person or property, or when used pursuant to lawful directions of law-enforcement officers. She continued reporting that according to General Statute 113-130 the definition of ?To Take? states that: All operations during, immediately preparatory, and immediately subsequent to an attempt, whether successful or not, to capture, kill, pursue, hunt or otherwise harm or reduce to possession any fisheries resources or wildlife resources. The County Ordinance Section 38-106 states that: (a) It is unlawful for any person to discharge a firearm or air gun or pistol: (1)Carelessly or heedlessly in wanton disregard for the safety of others; or (2)Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in property damage or bodily injury. (b) Any violation of this provision subject the offender to a civil penalty to be recovered in the nature of a debt of $500.00. Commissioner Kopp stated that in his opinion this is a public safety issue for those people that have built homes on either side of Howe Creek. Duck hunting season ends this Saturday. Commissioner Davis stated that he doesn?t take the subject lightly but the area in question was annexed by the City up to where the land ends and the water begins. The waters do not fall under the City?s jurisdiction but the State statute does not allow the County to prohibit hunting. It is important to take into consideration everyone involved, including hunters. In response to Board questions, Attorney Copley reported that the County used to have an ordinance stating a specific distance but it was changed to the present ordinance. Vice-Chairman Caster questioned whether the objection is the noise or the danger of pellets and whether it would be in the best interest of the County to amend the ordinance to deal with a just a few individuals. The drought may be having an impact on the current duck hunting season with the lower than normal water table. He suggested a possible work session or public hearing on the subject. Chairman Greer stated that the County currently has noise and discharge of firearms ordinances in place and perhaps the Wildlife Commission could aid the County in enforcement. In response to Board questions, Deputy Price reported that he went out to investigate an incident that was reported to the Commissioners. He stated that it is difficult to prove that a firearm was fired carelessly or heedlessly in wanton disregard for the safety of others or property. The firearm used to hunt ducks does not have the projectory of other guns. Commissioner Kopp reported that at this time there is not a direction to staff but that he will be looking into the issue for future Board consideration. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 2:18 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board