2008-05-19 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 371
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May 19, 2008, at
9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley;
Deputy Clerk to the Board Teresa P. Elmore; and County Manager Bruce T. Shell.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Director of the Human Relations Commission, Carl Byrd Sr., gave the invocation.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda
for discussion.
Hearing no comments, Chairman Greer requested a motion from the Board to approve the items on the
Consent Agenda as presented.
Motion:
Vice-Chairman Caster MOVED, SECONDED Commissioner Pritchett, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes ? Governing Body
The Commissioners approved the minutes of the following meetings as presented by the Clerk to the
Board:
Board of Equalization and Review meeting held on April 24, 2008
Agenda Review meeting held on May 1, 2008
Regular Session meeting held on May 5, 2008
Board of Equalization and Review meeting held on May 5, 2008
Adoption of State Road Resolution ? Governing Body
The Commissioners adopted NCDOT State Road Resolution supporting the addition of Wild Iris Road,
Needle Grass Way, McQuillan Drive, and Smilax Lane in River Oaks Subdivision (Division File No. 1124-N) to the
State road system.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXI, Page 11.1.
Appointment of Tamara Susan Mercer to the Commission for Women ? Governing Body
The Commissioners appointed Tamara Susan Mercer to serve a three-year term on the Commission for
Women. Her term will expire May 31, 2011.
Endorsement of Dr. James Leutze to Serve on the Coastal Resources Commission (CRC) ? Governing Body
The Commissioners endorsed the reappointment of Dr. James Leutze, who is eligible for another term on
the Coastal Resources Commission in the at-large category. The Board agreed to send a letter of endorsement to the
Governor for his reappointment.
Approval of First Reading for Franchise Renewal to New Hanover Regional Medical Center ? Legal
Department
Upon the first reading, the Commissioners approved a franchise renewal for New Hanover Regional
Medical Center to operate an ambulance service in New Hanover County under the existing contract terms and
conditions. On June 23, 1998, the Medical Center was authorized to operate a Category I (emergency), Category II
(non-emergency), Category III (critically ill patient), Category IV (air transport), and Category V (water transport)
ambulance service in New Hanover County. The terms of agreement, Contract #97-0368, authorized a renewal and
extension for a subsequent ten-year term with Board approval. A second reading will be held on June 2, 2008.
Authorization to Submit a Grant Application to the NC Department of Environment and Natural Resources
? Health Department
The Commissioners authorized the Health Department to submit a grant application to the North Carolina
Department of Environment and Natural Resources (NCDENR), in the amount of $15,000 for a Tick Control
Demonstration Project. If awarded, the funds will be used by the Vector Control Program Staff to develop and
implement surveillance activities for ticks in parks and other public places as well as treatment protocols. Staff will
also use a variety of media to educate the public about protection from tick-borne diseases. If grant approval is
obtained, a budget amendment will be submitted at that time.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 372
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 April 30, 2008.
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 XXXI, Page 11.2.
Approval of Release of Tax Value ? Tax Department
The Commissioners approved the requests from the following taxpayers for the Senior Citizen/Disability
Exclusion:
Borrelli, Elizabeth $71,498
Tripp, Thomas S Christine Trust $78,205
Walton, Sharon Inglett $87,521
The Commissioners approved a request from Christ Community Church of Wilmington, NC for a
delinquent application for exemption from property.
Applications and letters explaining the late filing are available in the Tax Office.
Adoption of Budget Ordinance Amendments ? Budget Department
The Commissioners adopted the following Budget Ordinance Amendments:
08-241 - Emergency Management
08-250 - Health
08-251 - Health
08-252 - Health
08-253 - Health
08-266 - Health
08-257 - Department of Social Services
08-262 - Department of Social Services
2008-107 - Sheriff's Office
2008-114 - Finance
2008-117 - Sheriff's Office
2008-118 - Sheriff's Office
Copies of the Budget Ordinance Amendments are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXXI, Page 11.3.
REGULAR AGENDA
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES
County Manager Shell requested the following retired employees to step forward to receive their retirement
plaque:
Thomas Watson, Inspections Department - 11 Years of Service
Sidney Sullivan, Water and Sewer/Engineering - 17 Years of Service
Marie Spencer, Library - 27 Years of Service
On behalf of the Board, Chairman Greer expressed appreciation 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 Thomas Warren Lee ? Emergency Management
Donna Little ? Health Department
Fifteen Year Susan Phiel ? Social Services
Kelly Redenbaugh ? Social Services
Twenty Year Stephanie Carver ? Library
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:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 373
Lisa Bohne ? Human Resources
Cheryl Knips ? Human Resources
Marie McCarty ? Parks Department
Diane Holmes ? Social Services
Regina Floyd-Davis ? Social Services
On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished
them success in their new positions.
RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD
Chairman Greer reported that notification has been received from the Government Finance Officers
Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished
th
Budget Presentation Award for the 17 consecutive year. The award is for New Hanover County's budget submitted
for fiscal year beginning July 1, 2007. The award is the highest form of recognition in governmental budgeting.
The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the
effectiveness of the budget as a policy document, a financial plan, an operations guide and a communication device.
Award-winning documents must be rated "proficient" in all four categories.
Chairman Greer, on behalf of the Board, thanked Budget Director Cam Griffin, along with staff members
Beth Schrader, Donna Seal, Amy Aiken, and Judy Seedorf for their continued excellence.
INTRODUCTION OF NEW COMMUNITY CONSERVATIONIST WITH NEW HANOVER SOIL AND
WATER CONSERVATION DISTRICT
David P. Thomas, Chairman of the Board of Supervisors of the New Hanover Soil & Water Conservation
District, introduced Jennifer Braswell as the new Community Conservationist for the District.
Jennifer Braswell stated she looks forward to working with the District and helping citizens implement
programs such as Best Management Practices to reduce stormwater runoff and to protect our water quality.
On behalf of the Board, Chairman Greer welcomed Ms. Brawell and recognized Bill Hart of the District in
the audience.
ADOPTION OF RESOLUTION DECLARING THE CITY OF WILMINGTON AS "AMERICA'S WORLD
WAR II CITY"
Wilbur D. Jones, Chairman of the Home Front Heritage Coalition, spoke on the importance of the Port City
to the war effort during World War II and that it was designated as the ?Defense Capital of the State.? He requested
the Commissioners adopt a resolution declaring the City of Wilmington as "America's World War II City." He
invited Chairman Greer to read the resolution at a ceremony to rededicate the Hannah Block Historic USO during
the July 4, 2008 weekend if adopted. The building, formerly known as the Community Arts Center, was built by the
Federal government as a USO recreation center for troops during WWII and opened in December 1941.
Vice-Chairman Caster read the proclamation into the record and moved for adoption.
Motion
: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution
declaring the City of Wilmington as "America's World War II City.? Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 11.4.
ADOPTION OF PROCLAMATION DECLARING MAY AS
MENTAL HEALTH MONTH IN NEW
HANOVER COUNTY
Chairman Greer reported that the Board is being requested to adopt the proclamation declaring May 2008,
as Mental Health Month in New Hanover County.
Commissioner Pritchett read the proclamation into the record and moved for adoption.
Motion
: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation
declaring May 2008, as Mental Health Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Susan Hannon, Clinical Director of Southeastern Center, accepted the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 11.5.
PRESENTATION ON THE AMENDMENTS TO THE COASTAL STORMWATER RULE
Tom Reeder, North Carolina Division of Water Quality (DWQ), spoke on the Environmental Management
Commission (EMC) Amendments to the Coastal Stormwater Rule. He presented the following.
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Status of Rulemaking Action
Revisions adopted by EMC on January 10, 2008
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 374
Rules Review Commission approved amendments on March 20, 2008
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Legislative Review in 2008 Session
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?605? Stakeholder Working Group ? Underway by the Legislators? Environmental Review
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Committee
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19% of New Hanover County affected by regulations (land area within one-half mile of shellfishing area)
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G.S. 143-214.7 - General Statute for Stormwater Runoff Rules and Programs
Mandates that EMC monitor water quality and revise rules ?as necessary?
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Establishes ?classified shellfish waters? as #1 priority waters of the State
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EMC amending rule under Legislative mandate
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Rules were not effective in other counties
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Most Controversial Aspects
Expansion of setback from 30 to 50 feet for new development
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Prohibition of wetlands from impervious surface calculations
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Proposed 10,000 square foot threshold for coverage (existing threshold is 1 acre)
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Setback Revision
Setback remains at 30 feet for redevelopment (from water?s edge/high water line)
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Facilitates rebuilding and reconfiguration of existing lots
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Setback expanded to 50 feet for new development
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Wetlands and Impervious Surface Calculations
EMC adopted: No isolated or jurisdictional wetlands included in future impervious surface
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calculations
Will make more projects ?high density? for 1 or more acres
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Major Concession: Allow stormwater controls other than infiltration within one-half mile of
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shellfishing waters (special provisions were given to Mayfair Shopping area)
Negates concerns regarding 2 feet of separation from the high water table
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2
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10,000 FeetThreshold Issue
2
Lower threshold for coverage from 1 acre to 10,000 feetfor non-residential development
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Retain 1 acre threshold for stormwater permit for residential development
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2
For residential projects > 10,000 ft, but < 1 acre, require 1 of the following 3:
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Rain cisterns + Permeable pavement, or
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Rain garden + Permeable pavement, or
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Any other appropriate BMP (like on-site infiltration)
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Support sustainable development in Coastal NC
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Facts About Rule Amendments
50 foot buffer is not a ?no touch? buffer
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Coastal buffer may be cleared and planted with grass
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Nothing in these amendments limits what can be built
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Must control stormwater
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Rain cisterns are not mandatory
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Non-Coastal Counties also have stormwater controls
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These amendments will not make lots ?unbuildable?
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Lots less than 10,000 square feet will not be affected
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Lots in subdivisions with a permit will not be affected
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Vested Rights Issue
EMC amendments covered by:
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DWQ stormwater redevelopment provision
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Statutory vested rights
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?Common law? vested rights
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Universal Stormwater Program (USMP) alternative always available for local governments
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Next Step - Legislative Review
o
In further discussion, Mr. Reeder pointed out that if the Environmental Review Committee had not received
ten or more letters objecting to the regulations, the rules would have been in effect by the end of summer.
Negotiations are ongoing within the 605 Stakeholders Working Group; however, the General Assembly must
approve the regulations before DWQ can implement them.
John Langdon, Carteret County Manager, spoke on the negative impact the stormwater rules would have on
the twenty coastal counties. He felt that the EMC had stepped over its responsibility in trying to implement the rules
prior to review by the General Assembly. He believed the DWQ policies were confusing and ambiguous and as a
member of the 605 Stakeholders Working Group he will be working to clarify the stormwater rules.
Mr. Langdon said that the main failure of past regulations may be due to DWQ not providing sufficient
follow-up for engineering inspections or enforcement of stormwater regulations. Perhaps developments of the past
twenty years may need to comply with current stormwater management regulations before the coastal areas would
see improved water quality. Furthermore, the State may need more time to see whether Phase two regulations are
working.
On behalf of the Board, Chairman Greer thanked Mr. Reeder and Mr. Langdon for their informative
remarks.
Break:
Chairman Greer called a break from 10:20 a.m. until 10:30 a.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 375
PRESENTATION OF FY 2008-2009 RECOMMENDED BUDGET
County Manager Bruce Shell presented the Fiscal Year 2008-2009 Recommended Budget. He proposed a
tax rate of 45.5 cents. The 3.5 cents above the FY07-08 tax rate of 42 cents is necessary to fund increased debt
service and correct the error in the tax base that was discovered during FY07-08. The FY08-09 Recommended
Budget is less than the FY07-08 Adopted Budget. Balancing the FY08-09 Recommended Budget was more difficult
due to current economic conditions and the need to provide high-quality services to the citizens. During slowdowns
in the economy, many of the County?s revenues are negatively impacted, while the demand for services increases
especially in the Human Services Agencies. The Budget includes the following components.
GENERAL FUND
Public Schools
?
An increase of $2.6 million in the transfer to the Schools will provide $65.7 million in school operating
expenses and $21.4 million in debt service. No funding is recommended for Capital Outlay.
Cape Fear Community College (CFCC)
?
Funding of $6.2 million is recommended for Cape Fear Community College, a very slight decrease from
FY07-08. The amount of $6.5 million was originally requested by Cape Fear Community College. The
reduced recommended amount was agreed upon due to the current budget situation.
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In addition to the direct contribution to Cape Fear Community College, $4 million will be expended for
debt service in FY08-09, for a total of $10.2 million.
Personnel Issues
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Of the 35 positions requested in the General Fund, 14 new positions are recommended for FY08-09. Of
these positions, six generate revenue to cover part of the costs of the positions.
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The General Fund positions are as follows:
Three positions are recommended in the Health Department to expand services to the public.
o
Grants or program fees fund these positions.
Five positions are recommended for Parks: four Ground Maintenance Workers and a Trades
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Supervisor are recommended to provide services in the expanding park system. Positions are
funded for six months.
A Senior Systems Analyst position is recommended for the Information Technology Department
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to assist County Departments in the use of technology to better serve citizens. The position is
funded for six months.
Two Economic Case Worker positions are being recommended in the Department of Social
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Services. The recommended positions will be partially funded by Federal reimbursement. An
Attorney and Paralegal were requested but not recommended. One Attorney and one Paralegal
were added during FY07-08. If this level of legal staffing proves insufficient, DSS will return to
the Board mid-year to request two additional positions.
An Auditor is recommended for the Finance Department to assist with the annual audit and
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perform property tax audits. It is anticipated the position will be 100% funded by additional
property tax revenues generated by the audit.
Two Residential Appraisers are recommended for FY08-09. Four positions were added during
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FY07-08 to assist with the revaluation process. The new countywide revaluation will be effective
January 1, 2011.
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In FY08-09, a negative salary adjustment factor of $1.7 million is budgeted in the General Fund to account
for the fact that not all positions are filled for the entire fiscal year. Unless position turnover decreases due
to economic conditions, these savings should be realized. If turnover decreases, positions may need to be
held vacant to achieve the savings.
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Funding in the amount of $.6 million is included for a 1% salary adjustment for deserving employees. The
nd
adjustment will be implemented in January 2009 and will result in a 2% adjustment for the 2 half of the
fiscal year.
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No increase in funding is required for employee health insurance. This will be the second year in a row
that no increase is required. It is possible the Health Stat program has helped to eliminate the need for an
increase in health insurance.
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Funds are included for the countywide training program and continued training on the customer service
initiative implemented during FY06-07. Funding overall for training and travel has been reduced 20%
from the FY07-08 adopted amount.
Department of Social Services (DSS)
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Day Care has surpassed Medicaid as the major DSS expenditure. There continues to be a shortfall in State
childcare funding. Due to the limited availability of childcare subsidy funds, $.3 million in County funds
has been recommended to continue providing services to those children currently being served. A waiting
list of citizens who need this service remains.
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As a result of the successful efforts of the North Carolina Association of County Commissioners to reduce
the Medicaid burden on counties, the County is expected to see a decrease of $5.8 million in budgeted
Medicaid expenses for FY08-09.
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Two Economic Services Caseworker positions have been recommended for FY08-09.
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The North Carolina Department of Health and Human Services Division of Social Services is advocating
for significant changes to the Adoption Assistance and Foster Care payment system. Changes include
establishment of a statewide uniform set of rates, an increase to the Standard Board Rate, and a move to a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 376
County Direct-Pay reimbursement system. Changes proposed by the State may have a significant negative
impact on the County?s funding required in the DSS budget.
Medicaid
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The three-year phase-out, which began during FY07-08, will result in counties being completely relieved of
their Medicaid burden beginning July 1, 2009. The State will gradually assume the Article 44 sales tax to
help pay for the additional costs being incurred, and the State will switch the Article 42 half-cent sales tax
from per capita to point of collection in an effort to make the swap more equitable for urban counties.
Counties are required to reimburse municipalities for their loss of Article 44 sales tax including growth.
This ongoing requirement to reimburse municipalities will impact future budgets if the legislation remains
the same.
Information Technology
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The Computer Replacement program, which began in FY05-06, has improved efficiency of operations and
will be continued into FY08-09. The functioning of the Information Technology Department is essential to
the continued operations of all departments in order that citizens receive the most efficient services
possible. Consolidation of Information Technology services to provide improved assistance continues to
be reviewed.
Property Management
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County funds in the amount of $.3 million are recommended in the Vehicle Management Division to
continue a formal multi-year vehicle replacement program. One million dollars of this amount is reserved
for the Sheriff?s Office vehicles. All options are being reviewed to reduce the expenditure on fuel.
Parks
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The Parks Department is continuing implementation of projects funded by the bond referendum, which was
approved by County voters during FY06-07. Five positions have been recommended for the Department.
Southeastern Center
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Funding of $2.1 million is recommended for the Southeastern Center for Mental Health, Developmental
Disabilities, and Substance Abuse Services.
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The 2001 session of the General Assembly passed legislation to phase in implementation of mental health
system reform at the State and local level. This act is designed to restructure the state?s mental health
system. Implementation of the plan has been problematic. Statewide, counties are concerned that the local
cost of providing mental health services may increase as the responsibility for meeting the needs of patients
currently served by the State is shifted to the counties, and some patients are not being adequately served.
Non-County Agencies
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Funding at 90% of the FY07-08 adopted amounts is included for Non-County agencies. A growing number
of agencies requested funding from the County in FY08-09, but were not recommended due to fiscal
constraints.
Contingencies
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Funds in the amount of $.7 million are recommended in Contingency. Funding at this level is prudent due
to the following:
Uncertainty in the economic conditions, which could impact revenue and caseloads in Human
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Services programs.
Uncertainty in the cost of fuel, which may impact the FY08-09 budget.
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State of Mental Health in North Carolina.
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Concern over legislative changes and uncertainty of State funding for programs.
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Caution: While this Contingency is higher than prior years, this budget contains more uncertainty due to
economic conditions that now exist and possible changes imposed by the State legislature.
Revenues
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The FY08-09 tax base is estimated to be $33.4 billion.
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The value of a penny is $3.3 million.
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The tax base estimated growth between FY08-09 and the corrected FY07-08 base is 1.7%. This is the
smallest increase in the past 15 years.
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Revenue from the sales tax is expected to decrease $4.4 million, or 8%, from the Adopted Budget. The
reduction is due to the revised estimate of FY07-08 sales tax receipts and reductions in Article 44 due to the
Medicaid sales tax agreement. Sales taxes are the second largest revenue source for the County behind
property taxes.
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One-time revenue of $2 million was used to balance the FY07-08 budget that is not available in FY08-09.
(ABC Board donated $.5 million for law enforcement, and $1.5 million was transferred from capital
projects that had been completed.)
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FY08-09 Inspections revenue is anticipated to be $2 million less than the FY07-08 adopted amount.
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FY08-09 Register of Deeds revenue is anticipated to be $560,000 less than the FY07-08 adopted amount.
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Juvenile Crime Prevention funds are currently recommended at $473,156. Juvenile Crime Prevention
funds must be reviewed by the Legislature each year prior to being included in the budget. If the
Legislature does not include these funds in the budget, there will be a funding shortfall in the Juvenile Day
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 377
Treatment Program of $201,161 and the Psychological Services Program of $271,995. New Hanover
County assumed management of the Psychological Services Program from Southeastern Mental Health on
July 1, 2007.
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The revenue estimates in this budget are realistic, but not conservative. Major shifts in economic
conditions may impact the budget.
Fund Balance
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It is recommended that $6 millionofthe County fund balance be appropriated. The County will not use the
entire fund balance recommended to be budgeted during FY08-09, but will probably use some of it. Using
fund balance may lower the unreserved/undesignated fund balance to approximately 14% on June 30, 2009.
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The County has established as its goal to have no less than two months, or 16.67%, of expenditures in
available fund balance ? a goal that more than meets the North Carolina Local Government Commission?s
recommended minimum of 8%. The estimated available fund balance on June 30, 2008, is within the
required 8% as established by the Local Government Commission. As the General Fund has grown over
time, the dollar value of the General Fund balance needed to maintain the established percentage fund
balance goal has also grown.
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This appropriation of fund balance will not jeopardize the strong financial position of the County.
Environmental Management Fund
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The Environmental Management Fund is balanced with a $54 tipping fee, an increase of $5 from the $49
tipping fee of FY07-08. The increase includes a pass-through of a $2/ton mandatory state-imposed
surcharge on solid waste. The balance of additional revenue will fund increased maintenance and repair of
equipment at WASTEC, compensate for the decrease in tonnage of waste, and provide $1 million for the
Landfill Gas Project (reclamation and sale of methane and associated carbon credits).
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Although debt service on the WASTEC facility has decreased $2.2 million compared to FY07-08,
expenditures for the Landfill have increased $2.2 million (funding in the amount of $2.1 million is
recommended for the development and construction of cell 6D and $.1 million for the installment debt on a
replacement scrapper pan for the Landfill). No transfer from the General Fund is budgeted.
Special Fire Service District Fund
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The tax rate of 5 cents is recommended for the Fire Service District; no increase from the tax rate for
FY07-08.
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The ad valorem tax base in the Fire Service District is estimated to be $12.5 billion. Based on this estimate,
each penny of the tax rate will be worth $1.2 million.
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The Fire Service District has an estimated fund balance of $1.4 million. $.1 million has been used to fund a
portion of their budget.
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Five new positions are recommended in anticipation of the Murrayville Fire Station completion to bring the
new facility to full staffing. Additional funding is recommended for the purchase of one 2,100 gallon
tanker truck and one rescue squad, and installment debt on a second 2,100 gallon tanker truck.
Cape Fear Public Utility Authority (CFPUA)
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Formation of the CFPUA was realized during FY07-08. A total of 66 positions were transferred to the
Water and Sewer Authority (2 from General Fund Finance and 64 from the Water and Sewer District).
Stormwater management responsibilities will remain at the County and City level and are not consolidated
at this time. The Authority shall exercise all the powers granted to the Authority as defined and authorized
under the North Carolina Water and Sewer Authorities Act (NCGS Chapter 162A, Article 1).
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Two of the important goals in the creation of the CFPUA were to achieve equal rates for both the County
and City customers and to consolidate water and sewer assets of the City and County to serve the customers
for the common good of both localities. With the formation of the CFPUA, the City and County, in joint
effort with the CFPUA, have begun the journey to meet these goals.
Water and Sewer District Fund
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No additional funding is recommended for the Water and Sewer District in FY08-09 following the
establishment of the Cape Fear Public Utility Authority (CFPUA).
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Debt Service for the Authority of $6.7 million is transferred to the General Fund and will be offset by $4.8
million funding from the CFPUA.
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The net impact is comparable to the General Fund Transfer to Water and Sewer District of $1.9 million in
FY07-08.
Storm Water Drainage Fund
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A recommended budget in the amount of $125,000 has been established for this fund. Fees, previously
collected funds, and a transfer from the General Fund are the revenue sources for this fund.
Capital Improvement Program
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Capital requests for FY08-09 were all valuable projects. Due to budgetary constraints, funding will be
presented as mature information is known on the various projects.
Future Concerns
County Manager Shell said that he felt the budget was the best recommendation in the current economic
conditions. Staff will carefully monitor the budget during FY08-09 to adjust for any changes. This budget does not
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 378
take a long-term view due to fiscal constraints. He was concerned that employee compensation is not keeping up
with the CPI, which may hinder recruitment of certain positions and lead to greater turnover. He was also concerned
that the County may not be reserving funds for the shortfall that will occur when the County must continue to
reimburse municipalities for their loss of Article 44 sales tax, including growth, when there are no annual savings in
Medicaid expenditures to offset the revenue loss.
The following schedule has been established:
June 2, 2008 ? Board Meeting ? Public Hearing on Budget
June 4, 2008 ? Budget Work Session at 10:00 a.m.
June 16, 2008 ? Board Meeting ? Adopt FY08-09 Budget
A brief question and answer period and discussions were held on debt service and the proposed 14 new
positions. Chairman Greer thanked County Manager Shell for the presentation.
APPROVAL OF SCHOOL AND COUNTY BUDGET AMENDMENTS FOR ADDITIONAL FUNDING
FOR SNIPES RENOVATION PROJECT
New Hanover County Schools Budget Director Mary Hazel Small reported that on April 7, 2008, the Board
of Education approved a Budget Amendment allocating an additional $7,017,100 for the Snipes Renovation Project.
Currently $10,345,987 is budgeted for the project. Anticipated funding would be from Average Daily Membership
(ADM) and Lottery Public School Building Funds. In FY06-07 ADM revenue was $2 million and Lottery Revenue
was $1.2 million. With growth in the sources of funding, two years allocation of receipts from both funds should be
sufficient for the additional funding of the project. If these funds are identified as the source of revenue for the
Snipes Renovation Project, they will not be available to fund other capital projects when released.
The County and Board of Education will need to submit applications to the State for portions of the project
as the renovation proceeds. County Budget Amendment 2008-119 will make similar adjustments in the County
Capital Project Budget. Staff recommended that the Commissioners consider the Board of Education's request to
use the next two years of State ADM and Lottery Funds to provide additional funding for the Snipes Renovation
Project.
In discussion of obligating future unknown funds to pay for the project, County Manager Shell reiterated
that the Schools would reimburse the County once the State allocates the funds. County Manager Shell reiterated
that the County would be reimbursed once the State funds were accumulated. Although $43 million remain in
school bond funds, those funds are earmarked for specific capital projects.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the Board of Education?s
request to use the next two years of State ADM and Lottery Funds to provide additional funding for the Snipes
Renovation Project and to approve the associated Budget Amendment 2008-119. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the budget amendment is hereby incorporated as a part of the minutes and is contained in Exhibit
Book XXXI, Page 11.6.
APPROVAL OF THE BOARD OF EDUCATION LEASE AGREEMENT FOR TWELVE MODULAR
CLASSROOMS FOR JOHNSON ELEMENTARY SCHOOL
New Hanover County Schools Budget Director Mary Hazel Small reported that the Board of Education has
completed bidding to secure 12 modular classrooms to be located at the Johnson Elementary School to house
students during the renovation at Snipes Elementary School. The lease is for 24 months with the option to purchase
the units. The Board of Education does not plan to purchase the units.
Whereas legal counsel for the Board of Education has determined that this is a "continuing contract for
capital outlay" as defined in the general statutes, the Commissioners would need to approve the agreement through
an adopted resolution. The resolution would bind the Commissioners to appropriate sufficient funds in ensuing
fiscal years to meet the amounts to be paid. The County is not required to sign the agreement.
Funding for the full term of the lease agreement is $365,520, and the Board of Education has designated the
2005 Local Bond Program as the funding source for the lease. The Board of Education has sufficient funds in this
project budget for the lease agreement.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution providing
approval to the Board of Education to enter into the leasing agreement with Modular Technologies in the amount of
$365,520 and to approve the associated Budget Amendment 2008-115. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Copies of the resolution and Budget Amendment 2008-115 are hereby incorporated as part of the minutes
and contained in Exhibit Book XXXI, Page 11.7.
PRESENTATION ON DIGITAL TELEVISION TRANSITION
Lauren Kravitz of the Federal Communications Commission (FCC) reported that beginning in February
2009, television signals will be broadcast over high definition frequencies as opposed to analog frequencies. The
Wilmington marketing area was recently notified that it has been selected to serve as a pilot location for this
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 379
transition to begin in September 2008. The Wilmington Area includes Bladen, Brunswick, Columbus, New
Hanover, and Pender Counties. She presented the following facts:
?
The DTV Channel Changes are as follows:
Current Channel Digital Channel
ABC 3 46
NBC 6 44
FOX 26 30
PBS* 39 29
CBS 10 40
Trinity 20 51
My Network 47 27
*PBS will continue to broadcast in both digital and analog until February 2009.
?
Full-Power TV Broadcast Stations are switching to all digital due to:
?
Analog spectrum is re-allocated for Public Safety
?
Digital is more efficient, so broadcast stations can offer:
Better TV picture/sound
o
More programming options (multicasting)
o
?
Analog spectrum auctioned for advanced wireless services
?
DTV Transition allows three choices:
?
Connect analog TV to a digital-to-analog converter box
If good quality reception on VHF channels (2-13) and UHF channels (14-51), existing
o
antenna should work for digital broadcasts.
?
Buy a digital television (a TV with a built-in digital tuner)
HDTV not needed
o
Existing antenna should work for digital broadcasts
o
?
Subscribe to a paid TV service (such as cable or satellite TV)
Provider will have equipment
o
To view full-power broadcast station programming on any analog TV not connected
?
to paid service, a digital-to-analog converter box is needed
?
Analog TV will still receive free over-the-air broadcasts
?
DTV or HDTV
Transition is from analog to digital, not from analog to high definition
o
High definition TV (HDTV) is a form of DTV that provides higher resolution pictures and
o
multichannel audio
DTV includes standard definition (SDTV) and high definition (HDTV) formats
o
Not necessary to purchase HDTVs in order to view DTV
o
SDTVs are comparably priced to analog TVs
o
?
Can view HDTV broadcasts on SDTVs and analog TVs connected to digital-to-analog converter
boxes, just not in full HDTV quality
?
Low-Power Television (LPTV)
While the majority of consumers in the U.S. can receive the programming of full-power over-
o
the-air stations, there are three other categories of broadcast TV stations - "low-power,"
"Class A," and "translator" stations. There is currently no statutory deadline for these stations
to convert to digital broadcasting.
Local low-power stations are: WMYW (My Network), WILM (CBS), and W51CW (Trinity
o
Broadcasting).
In conclusion, Ms. Kravitz said that the FCC is committed to ensuring that Americans are aware of the
DTV transition and provide assistance where needed. Additional information can be found at www.dtv.gov or E-
mail: DTVinfo@fcc.gov. Town hall meetings are scheduled to help constituents and consumer groups. Congress
has provided coupons to help consumers buy converter boxes. Mygreenelectronics.org can help communities in
handling the disposals of old TVs. The EPA may also help with a disposal of old TV campaign.
On behalf of the Board, Chairman Greer thanked Ms. Kravitz for the presentation.
APPROVAL OF REQUEST FOR RENEWAL OF BIOLOGICAL MONITORING CONTRACT (YEAR 6)
WITH LAND MANAGEMENT GROUP, INC. TO MEET PERMIT REQUIREMENTS OF THE MASON
INLET RELOCATION PROJECT
Assistant County Manager Dave Weaver reported that the relocation of Mason Inlet was completed in April
2002. As required by the US Army Corps of Engineers permit, biological monitoring must be performed annually.
Land Management Group, Inc. has provided monitoring services connected with the Mason Inlet Relocation Project
for years 0-5. Continued biological monitoring for year 6 is a requirement of the project and remains a Permit
Condition. A detailed description of services is provided in the attached proposal from Land Management Group,
Inc. Land Management Group, Inc. previously conducted biological monitoring for years 0-5 and has supplied the
necessary Annual Biological Monitoring Reports for the Mason Inlet Project. These services differ from the
monitoring of bird and plant species previously performed by UNCW as well as monitoring of waterbird nesting
areas performed by the Audubon Society.
Land Management Group, Inc. has submitted a proposal in the amount of $31,050. Performance of annual
monitoring to date has the requirements of the permit. The cost will eventually be paid through assessment of the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 380
benefiting property owners. It is important to note that the Corps is considering modification of Permit Conditions,
through a discussion process with the County and interested parties such as the Mason Inlet Project Group, and will
likely reduce some conditions within the next several months. If the permit conditions are reduced, the scope of
work for the contract will be reduced. No more than two of the members appointed by the City and two of the
members appointed by the County may be elected officials.
Staff recommends that this contract be renewed for continued biological monitoring of the inlet project in
the amount of $31,050 and authorization for the Chairman to execute the contract. There are sufficient funds
available in the Mason Inlet Project. Funds for this project will be recovered by an assessment from the
Wrightsville Beach homeowners in the Mason Inlet Project template area. MIPG has participated in the discussions.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the contract renewal
.
with Land Management Group, Incfor continued biological monitoring of the inlet project in the amount of
$31,050, and authorized the Chairman to execute the contract. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Mary Jaye McGowan, manager of Shell Island Homeowners Association, stated that she and David Kellam
of Figure 8 Homeowners Association have recently replaced Frank Pinkston as co-chairmans of MIPG. She said
that they have reviewed the contracts and agreed in concept to the contract. Although they are committed to
preservation of the island, they also want to be fiscally responsible for the costs. She expressed appreciation for the
cooperative effort between the County, contractors and the MIPG.
APPROVAL OF REQUEST FOR RENEWAL OF THE WATERBIRD MANAGEMENT AREA (YEAR 6)
CONTRACT WITH THE NATIONAL AUDUBON TO MEET PERMIT REQUIREMENTS OF THE
MASON INLET RELOCATION PROJECT
Assistant County Manager Dave Weaver reported that the work pertains to ongoing maintenance for the
relocation of Mason Inlet. As required by the US Army Corps of Engineers permit for Mason Inlet, the Waterbird
Management Area on Wrightsville Beach side of the inlet must continue to be protected. Audubon of North
Carolina meets those permit requirements on behalf of New Hanover County. Audubon protects the waterbird
nesting area. This differs from services provided by Land Management Group which provides continued biological
monitoring.
The cost of Audubon North Carolina to continue performing the services required to protect the waterbird
habitat for the year 2008 will be a sum not to exceed $25,618.88. Audubon's performance to date on this project is
excellent, with continued, documented increases in nesting waterbirds.
Staff recommends that this contract be renewed for waterbird management of the inlet project in the
amount of $25,618.88 and authorization for the Chairman to execute the contract. There are sufficient funds
available in the Mason Inlet Project. Funds for this project will be recovered by an assessment from the
Wrightsville Beach homeowners in the Mason Inlet Project template area.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the contract renewal
with Audubon of North Carolina to provide waterbird management of the inlet project in the amount of $25,618.88
and authorized the Chairman to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF BID AWARD TO TECHNICAL VIDEO SYSTEMS, INC. (TVS) FOR THE UPGRADE
OF TELEVISION BROADCASTING EQUIPMENT FOR THE COMMISSIONERS MEETING ROOM
Public Information Officer Mark Boyer reported that the existing television broadcasting equipment used in
the Commissioners Meeting Room has required extensive repairs during the current year. These repairs are
primarily due to the age of the equipment. Some funds are available in this fiscal year but not enough to replace all
the equipment. Therefore, the replacement was divided into two phases so that the most pressing needs could be
completed this year. In this first phase, the high definition switch and the four television cameras are being
replaced. The second phase will include replacing the equipment used in the broadcast room. A request for the
balance of the needed equipment is being requested in next year's budget at an estimated amount of $200,000.
Bids were solicited for the upgrade of the equipment. An advertisement was placed in the legal section of
the Star News and vendors including Clark-Powell, The Whitlock Group, TVS, All Pro Video, CamCor, Bendor-
Brukot, Troxell Communication, and AVI-SPL were notified of the bidding opportunity and sent the proposal. Bids
were received and publicly opened at 3:00 PM on Monday, May 5, 2008. NC General Statutes only require three
bids for construction or repair contracts in the formal bidding range. There is no minimum number of bids that must
be received for a purchase contract to be awarded, regardless of the cost of the contract. TVS submitted the only bid
in the amount of $169,940. Staff reviewed the bid proposal and found TVS to be responsible and recommends that
the bid be awarded to them in the amount of $169,940.
The County applied for and has been awarded a grant in the amount of $25,000 for Public, Educational or
Governmental (PEG) Access Channels, to be used for capital expenditures for this project. The grant requires a
dollar-for-dollar match which is available in the current budget. Staff requests acceptance of the grant and approval
of associated budget amendment 08-268.
Vice-Chairman Caster read the resolution into the record and moved for approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 381
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution awarding
bid to TVS in the amount of $169,940 for an upgrade of the television broadcasting equipment in the
Commissioners? Meeting Room, accept the State grant, and approve Budget Amendment 08-268. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Copies of the resolution and Budget Amendment 2008-115 are hereby incorporated as part of the minutes
and contained in Exhibit Book XXXI, Page 11.8.
APPROVAL OF PROPERTY CONVEYANCE REQUEST FROM NC DEPARTMENT OF JUVENILE
JUSTICE AND DELINQUENCY PREVENTION
Assistant County Manager Chris Coudriet reported that the NC Department of Juvenile Justice and
Delinquency Prevention (DJJDP) operates a youth detention center at 3830 Juvenile Center Road. The County owns
the facility valued at approximately $537,000. The department, through State appropriations, intends to make
approximately $575,000 in improvements to the facility. The NC Office of State Construction, however, issued a
ruling noting those improvements cannot happen unless the State has ownership of the facility. As such, the DJJDP
requests the County to consider conveying the property to the State. The State plans to upgrade the septic and sewer
system, implement fire code requirements, and install security cameras.
Staff recommends the transfer of parcel number R01800-007-001-004 to the State with the following
conditions:
?
Invest at least $500,000 beginning within 24 months
?
State extends necessary utilities with County concurrence
?
Maintains facility as youth detention center
?
Reverts to County if youth detention center operation is suspended
Assistant County Manager Coudriet introduced Chief Deputy Secretary Dwayne Patterson and Cecil Holt
of the NC Department of Juvenile Justice and Delinquency Prevention.
Deputy Secretary Patterson reported that prior renovations at the Juvenile Center were done because of
declaring the work as emergency repairs. However, the building continues to have problems with sewer issues and
is in need of other upgrades. The department has no desire to own the facility for any other reason except for the
operation of the juvenile detention center.
In further discussion, the Commissioners agreed conceptually to the conveyance, but some felt the State
needs to work with the County on some other issues. For instance, the Department of Corrections needs to provide
beds for prisoners that the County is boarding at a cost of $50 per day per inmate. Current reimbursements are $13.
Additionally, the operation of Juvenile Day Treatment Center (JDTC) is in jeopardy because of the State?s recent
changes in its policy and funding criteria for the program.
Chairman Greer suggested that the Board may need to hold off on conveying the property until the funding
issues have been resolved.
Deputy Secretary Patterson believed the Board?s recent resolution in support of JCPC funding will help
change the minds of the legislators. He is working with the judicial legislative committee to get more funding for
the JDTC program with the goal of preventing our teens going to detention centers. He would like to resolve the
State funding issues, but the legislators are responsible for these decisions. He requested the Commissioners to
convey the property to the State to allow renovations to start at the detention center.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the conveyance of
parcel number R01800-007-001-004 at 3830 Juvenile Center Road to the State of North Carolina for the purposes of
improving the facility and continuing to operate a youth detention center at the site with the associated conditions
outlined in the conveyance agreement for the sum of $1. Upon vote, the MOTION CARRIED 4 to 1. Chairman
Greer voted in opposition.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 12:06 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Chairman Greer reconvened to Regular Session at 12:14 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.
Kevin O?Grady, President of the Residents of Old Wilmington, Inc., and member Dan Camacho spoke on
their concerns about the Airport Authority not allowing any community involvement in growth and development
plans of the Airport. Although the FAA has required airports receive public participation in their growth plans since
1990, the Authority has not responded to their request for environmental impact studies or a noise study. They felt
that the Authority should have accountability to the public and urged the Commissioners to resolve these issues.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 382
Sherry Lovett, a resident of Hampstead, NC, stated as a mother and educator she was concerned about the
health of her children and other children that may be affected by pollution from a cement plant. She urged the
Board to change their decision for the incentive package to Titan.
Joel Bourne, a resident of the Ogden community, requested the Commissioners to hear public comments at
the next meeting from those who oppose Titan?s move to New Hanover County. He was concerned about the
number of known pollutants connected to the manufacturing of cement and their impact on children. He urged the
Board to protect the children of New Hanover County from the risk of mercury contamination.
Michelle DiBenedetto, resident of Carolina Beach, spoke concerning her daughter having mercury poison
and the connection that mercury poison has with other medical disorders. She appealed to the Board to keep the
environment clean of chemical pollutants associated with the manufacturing of cement.
Cliff Cash, a resident and small business owner in New Hanover County, spoke against allowing Titan to
build a cement plant near three elementary schools and in wetland areas along the river. He requested the Board to
check into the dangers of cement manufacturing.
Chandra Roughton, a resident of the Murrayville area, urged the Board to protect the people living in this
community and our natural resources from pollution caused by manufacturing of cement.
Lloyd Smith, a resident of the County since 2001, spoke against the County?s incentive plan for Titan. He
requested the Board to preserve the quality of life, protect property values, and support the tourism industry by not
allowing Titan Cement to operate in our area.
John Wyatt, a resident of the Murrayville area who recently moved from Illinois, spoke in favor of Titan?s
plan to build a new plant in our area and the Commissioners? incentive packages for General Electric and Titan. He
believed that the incentives paid by the County will be recouped quickly when new jobs are available.
David Jones, former Mayor of the City of Wilmington, requested the Commissioners to help those who are
having trouble paying the high prices on gas by reducing the tax rate. He urged the Board to make significant cuts
in the recommended budget and to hold strong in reducing the tax rate.
ADDITIONAL ITEM
ADOPTION OF RESOLUTION AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
PURCHASE CONTRACT SUPPLEMENT, DIRECTING THE PUBLICATION OF A TEFRA NOTICE
WITH RESPECT TO THE AIRPORT PROJECT
Chairman Greer announced that the Board is being requested to consider a resolution authorizing the
negotiation of an installment purchase contract supplement, directing the publication of notice with respect thereto
and providing for certain other matters related thereto. The Resolution authorizes the County to proceed with and
negotiate for the financing of the Airport Project in a principal amount not to exceed $2,720,000 under an
installment financing contract supplement to be entered into in accordance with the provisions of Section 160A-20
of the General Statutes of North Carolina and to acknowledge in connection with such installment financing contract
supplement, that the County?s obligations thereunder are secured by the Deed of Trust conveying a lien and interest
in the sites of the Jail Land Project and the Murrayville Project and the improvements thereon. The Airport Project
will be owned and operated by the New Hanover County Airport Authority.
Notice is hereby given, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, that
on June 2, 2008 at 6:00 p.m. at the New Hanover County Courthouse, a public hearing will be conducted concerning
the approval of the installment financing of the County?s Airport Improvement Project. All interested parties are
invited to present comments at the public hearing regarding the installment financing for the Airport Improvement
Project.
Chairman Greer called for a motion for adoption.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution authorizing
the negotiation of an installment purchase contract supplement, directing the publication of a TEFRA notice with
respect to the Airport Project. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer announced that the Board is being requested to consider a budget amendment in
connection with this Resolution and asked if there was a motion to adopt Budget Amendment 2008-115.
Motion:
Vice Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt Budget Amendment
2008-115. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition because she felt
the Budget Amendment should be considered after the public hearing on June 2, 2008.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXI, Page 11.9.
ADJOURNMENT
There being no further business, Chairman Greer called for a motion to adjourn the meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, MAY 19, 2008 PAGE 383
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 12:45 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board