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2010-02-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 754 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 15, 2010, 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 Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.: Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr., County Attorney° Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Robert W. Ward,First Baptist Missionary Church,gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, 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 from the following meetings as presented by the Clerk to the Board: Joint meeting with the Tourism Development Authority held on January 27,2010 Agenda Review meeting held on January 28, 2010 Regular Session meeting held on February 1,2010 Authorization to Submit a Grant Application to the Department of Corrections Criminal Justice Partnership Program—Criminal Justice Partnership Board The Commissioners authorized the Criminal Justice Partnership Board to submit a grant application to the Department of Corrections, Criminal Justice Partnership Program, in the amount of$163,734. If awarded,the funds will be used for continued funding of the Day Sentencing Program operated via a contract with Coastal Horizons. Acceptance of United States Department of Homeland Security North Carolina Citizens Corporation Grant Funds, Approval of the Execution of Memorandum of Agreement and Adoption of Budget Ordinance Amendment 10-150—Emergency Management Department The Commissioners, on behalf of the Emergency Management Department, accepted United States Department of Homeland Security North Carolina Citizens Corporation Grant funds in the amount of $9,000, approved the execution of Memorandum of Agreement, and adopted Budget Ordinance Amendment 10-150. The funds will be used to distribute disaster preparedness information to the public and recruit new members to enroll in the basic Community Emergency Response Team Training, to provide additional basic CERT training in New Hanover County and to provide CERT Teams with equipment for neighborhood and community response. No County match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 4.1. A copy of the memorandum of agreement is available for review in the Legal Department. Authorization for the Health Department to Add Administrative Penalty to Support the Act to Prohibit Smoking in Certain Public Places and Certain Places of Employment to the Fee Schedule — Health Department The Commissioners,pursuant to General Statute 130A-22(hl),and at the request of the Health Department, authorized the addition of an administrative penalty to the fee schedule in the amount of$200. The penalty will support the Act to Prohibit Smoking in Certain Public Places and Certain Places of Employment. The fine is assigned to the establishment and empowered by the enabling statute, and is intended to encourage compliance with the state law. Ratification of a Grant Application to Establish a Regional Women,Infants,and Children Lactation Training Center—Health Department The Commissioners, at the request of the Health Department, ratified the submission of a grant application submitted to the North Carolina Division of Public Health, Women's and Children's Health, Nutrition Services Branch in the amount of$60,000 annually for a maximum of three years. If awarded, the funds will be used to establish a regional Women, Infants, and Children Lactation Training Center. A public health nurse who has NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 755 obtained certification as a lactation consultant will be hired for the part-time position. No local match is required and the position will be eliminated when the grant funding ends. Authorization to Submit a Grant Application to the State Library Services and Technology Act—Library The Commissioners authorized the Library to submit a grant application to the State Library Services and Technology Act for EZ Basic Equipment Grant funds in the amount of$21,106.75. If awarded, the funds will be used to replace thirty-three computers currently out of warranty. The local match of$5,326 will be disbursed from the current Library budget. Authorization to Submit a Grant Application to East Carolina University—Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to East Carolina University in the amount of$995.50. If awarded,the funds will be used to cover costs for a week-long research trip to East Carolina University Archives, Greenville,North Carolina for the Museum Historian Dr. Davidson. No local match is required. Authorization to Submit a Grant Application to the National Endowment for the Humanities Institute—Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to the National Endowment for the Humanities Institute led by the Georgia Historical Society in the amount of$3,300. If awarded, the funds will be used for housing costs for the Museum Historian Dr. Janet Davison to attend a four-week long seminar entitled, "The American Civil War: New Approaches." There are sufficient funds in the Cape Fear Museum budget for transportation. Acceptance of North Carolina Department of Transportation Funds,Authorized Execution of Contract and Adoption of Budget Ordinance Amendment 10-159—Parks and Gardens Department The Commissioners accepted North Carolina Department of Transportation funds in the amount of $112,500, authorized the execution of the contract with the North Carolina Department of Transportation, and adopted Budget Ordinance Amendment 10-159. The funds will be used to provide medical and general transportation to elderly persons over the age of sixty. The required location match of$12,500 is included in the FY09-10 budget. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 4.2. A copy of the memorandum of contract is available for review in the Legal Department. Approval of Release of Tax Values—Tax Department The Commissioners granted the recommended taxpayers the senior citizen/disability exclusion and release of late list penalty as presented. A copy of the senior citizen/disability exclusion and release of late list penalty report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 4.3. Approval to Advertise the 2009 Delinquent Real Estate Taxes—Tax Department The Commissioners, pursuant to North Carolina General Statute 105-369, approved the Order advertising of tax liens for delinquent 2009 real estate accounts to be published in the local newspaper during the mandated period and not on a specific date for the County of New Hanover, City of Wilmington, Town of Carolina Beach, Town of Kure Beach and the Town of Wrightsville Beach. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 4.3. Approval of New Hanover County Board of Education Budget Amendments—Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Amendment#6 as follows: • Transfers project savings to contingency fund recording the replacement of school buses financed by the North Carolina Department of Public Instruction. • Transfers $78,000 from local capital contingency for the relocation of the Pre-K Center and facility improvements. The Pre-K Center will be moved from 2409 South College Road to Blount School located at 3702 Princess Place Drive. A copy of the New Hanover County Board of Education Budget Amendment#6 is available for review in the Budget Department. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-155 -Health Department 10-156-Health Department 10-157- Sheriffs Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 756 2010-42- Sheriffs Office 2010-43 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 4.5. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following retired employees to step forward to receive their award: Jerry Brim,Department of Social Services—25 Years of Service Donna Carry,Parks&Gardens— 10 Years of Service Curley Johnson,Property Management— 12 Years of Service On behalf of the Board, Chairman Thompson presented a retirement award to each employee, expressed appreciation,and thanked them for their years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Michael Fike, Sheriff s Office Robert Harrell, Sheriff s Office Timothy Lougher, Sheriff s Office Clifford Tyer, Sheriff s Office Jason Williams, Sheriffs Office Ten Year: Chalmers Carey, Sheriffs Office Mario Gonzalez, Sheriffs Office Efrain Granda, Sheriffs Office Raj Nandlal, Sheriffs Office Timothy Wilson, Sheriff s Office Fifteen Year: Renee Chesnut,Legal Vivian Mears,Health Department James Shivar,Planning&Inspections Twenty Year: Jacqueline Nelson,Register of Deeds Twenty-Five Year: Sandra Rogers-Walker, Sheriff s Office On behalf of the Board, Chairman Thompson presented a service award to each employee, expressed appreciation,and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employee to stand and be introduced: Tara Duckworth,Parks&Gardens Rosemarie Jordan,Youth Empowerment Services Maria Dodge,Department of Social Services David Howard,Health Department Athena Bryson,Health Department Ben Brow, Senior Resource Center Christopher Duey,Department of Social Services On behalf of the Board, Chairman Thompson welcomed the new employees to County Government and wished them success in their new position. ADOPTION OF PROCLAMATION RECOGNIZING 2010 AS THE YEAR OF COMMUNITY LIVING FOR PEOPLE WITHDISABILITIES IN NEW HANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to proclaim 2010 The Year of Community Living for People with DisAbilities. Commissioner Caster read the resolution into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing 2010 The Year of Community Living for People with DisAbilities. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consumer Advocate and Community Outreach Kay Zwan, Executive Director of The disAbility Resource NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 757 Center Gloria Garton and Kimberly Christensen were present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 4.6. CUCALORUS FILM FESTIVAL PRESENTATION Dan Brawley, Director of the Cucalorus Film Festival, presented an update on the Cucalorus 15 Film Festival that was held November 11-15, 2009 in New Hanover County highlighting the following information: • Cucalorus named one of the top ten film festivals in the United States by the Brooks Institute. • Eighty-seven exhibiting filmmakers attended the festival from Germany, Israel, Spain, Scotland, and from cities all across the United States. • The festival held ninety separately ticketed events at Thalian Hall, City Stage Theater, Cameron Art Museum,UNCW's Lumina Theater,Jengo's Playhouse, and Screen Gems Studios. • Four festival films were recently nominated for ten Academy Awards. • Cucalorus Film Festival has an estimated economic impact of over$5.5 million with an annual attendance over 10,000 for the past three years. • Cucalorus supports and promotes tourism linked to our region's history as a film production location. • The Cucalorus Film Festival's Blue Velvet tour is a hit with filmmakers and film fans. • Workshops and panels at Cucalorus are key resources to industry professionals and local students. • Offers extensive networking opportunities for film and television professionals. In closing,Mr. Brawley stated that the festival offers the community an opportunity to see international and independent films that would otherwise not be available while serving as an entertainment opportunity that appeals to a broad audience and that it is the largest and most significant international arts event in the region. Cucalorus Film Festival 16 will be held November 10-14,2010. PRESENTATION OF REQUEST FOR FUNDING IN THE AMOUNT OF $1.4 MILLION BY THE TOWN OF CAROLINA BEACH FOR THE OCEAN TO SOUND ACCESS PARK AND FUTURE SITE OF THE NORTH CAROLINA AQUARIUM PIER Carolina Beach Town Manager Tim Owens presented the request to the Board for funding in the amount of $1.4 million for development of the Ocean to Sound Access Park and future site of the North Carolina Aquarium Pier. The proposed park will extend from the Carolina Beach Municipal Marina to the Atlantic Ocean. The Town of Carolina Beach is working in conjunction with the North Carolina Aquarium to locate one of three educational ocean fishing piers in Carolina Beach. The Town is responsible for the purchase of the land, the construction of ample parking and the construction of other amenities to support the pier site. The State of North Carolina will build,maintain and operate the pier facility. The town has purchased$4.075 million worth of land for this project. The construction of ample parking and other amenities are estimated to be around$2 million. The Town of Carolina Beach is requesting the County write a letter of support and contribute funding in the amount of$1.4 million to assist with the project from the County Parks Bond Fund or General Fund appropriation to help offset the land purchase cost for this project. The allocation can be provided over several years. The Town is also requesting that the original $200,000 in Parks bond funds offered to the Town still be allocated for general parks and recreation needs. North Carolina Aquarium at Fort Fisher Director Donna Moffitt presented an overview of the request and answered questions from the Board stating that they are in the process of entering into a Memorandum of Understanding with the State and putting the financing together for the project. In response to Board questions concerning using Room Occupancy Tax Funds for this project, County Manager Bruce Shell reported that Room Occupancy Tax Funds are not available for this project. In response to Board questions, Carolina Beach Town Manager Owens reported that they are in the process of pursuing State funding. In response to Board questions, Parks and Gardens Director Jim McDaniel reported that there are no additional monies in the County Parks Bond Fund for this project as more than half of the County's portion has been spent and the remaining amount is tagged for park projects currently under construction and earmarked in the bond referendum. After brief discussion by the Board,the consensus is to bring the item back after the Board has had time to consider the request further. BREAK Chairman Thompson called for a break from 10:46 a.m. until 10:56 a.m. WITHDRAWAL OF AGENDA ITEMS Chairman Thompson reported that the following items have been withdrawn from the agenda at the request of the Cape Fear Public Utility Authority: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 758 • Consideration of Resolution and Approval of Letter of Support for the Cape Fear Public Utility Authority's Funding Application to Congressman McIntyre for the Northeast Interceptor Project; and • Consideration of Resolution and Approval of Letter of Support for the Cape Fear Public Utility Authority's Funding Application to Congressman McIntyre for Funding of an Enterprise Wide Asset Management Program. ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH BANK OF AMERICA PUBLIC CAPITAL CORPORATION TO FINANCE THE ACQUISITION OF 800 MHZ RADIOS AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 10-161 Finance Director Avril Pinder presented the request for the Board's consideration to adopt the resolution authorizing the execution and delivery of an installment purchase contract with Bank of America Public Capital Corporation to finance the acquisition of 800 MHz radios. On January 20, 2010, the Finance Office solicited proposals to finance the purchase of these radios in the amount of$1,016,977. The lowest total interest expense is Bank of America in the amount of$68,378.54. Staff is requesting the Board adopt the resolution for approval of the installment financing for the radios to Bank of America and adopt Budget Ordinance Amendment 10-161 in the amount of$55,188. In response to Board questions,Emergency Management/911 Director Warren Lee reported that the current system helps in protecting the citizens by providing interconnectivity with public service and public safety agencies. The other municipalities have completed their digital upgrade. Staff recommends the purchase of the Motorola phones based on past reliability. In response to Board questions, County Manager Bruce Shell reported that the request was being brought to the Board in the middle of a budget year due to the immediate need for interconnectivity between public safety agencies. The requested purchase was previously removed from the department's budgets due to budget constraints. After brief discussion on the need to proceed with the purchase for the safety of the citizens, Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution authorizing the Installment Purchase Contract with Bank of America Capital Corporation for the purchase of 370 - 800 MHz radios and adopt Budget Ordinance Amendment 10-161. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 4.7. DISCUSSION OF QUALIFICATIONS FOR NEW HANOVER COUNTY ABC BOARD MEMBERS AND DIRECTION TO STAFF County Manager Bruce Shell presented the request for the Board's consideration for the qualifications desired for the New Hanover County ABC Board members and to provide staff direction regarding advertising vacancies. The interim Board has been working on drafting and revising policies. The new CEO will be hired utilizing the new policies. Staff has suggested the following categories for future ABC Board members: • Accountant • Business representative • Citizen-at-large • Business owner • Commissioner or designee The Board held a brief discussion concerning increasing the ABC Board membership from three members to five. The increase requires approval by the General Assembly. The increased membership will allow for an increase of cross section for input from citizens. In response to Board questions, Senator Julia Boseman reported that she supports the requested increase in ABC Board membership but the remainder of the local delegation will need to agree to the request before it can move forward for consideration by the General Assembly. If our local delegation agrees to support the request, she is currently drafting a Bill that this request can be added to. The short session of the General Assembly begins May 12 and is projected to be finished by mid-July. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to send a letter to our local State delegation requesting the New Hanover County ABC Board membership be changed from three members to five members. Upon vote,the MOTION CARRIED UNANIMOUSLY. The Board held a brief discussion concerning the timeline required for filling the ABC Board vacancies with the consensus to proceed with advertising the vacancies for thirty days with the applications submitted for Board consideration at their April 19, 2010 meeting. If the General Assembly approves the request for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 759 additional two ABC Board members,then they will be added at that time which is estimated to be June to mid-July. No specific categories will be specified but instead used as a guide in selecting members with a special emphasis on applicants with financial experience and/or business owner. Finance Director Avril Pinder was directed to submit an application as a potential Commissioner designee. COMMITTEE APPOINTMENTS Appointment to the Cooperative Extension Advisory Council Chairman Thompson reported that one vacancy of an unexpired term needs to be filled on the Cooperative Extension Advisory Council with two applications having been received and requested direction from the Board. Chairman Thompson nominated Amanda L. Davis. The nomination was seconded by Vice-Chairman Barfield. Commissioner Caster nominated Leon David Bridgers. The nomination was seconded by Commissioner Greer. Vote: The Board voted 3 to 2 to appoint Amanda L. Davis to serve an unexpired term on the Cooperative Extension Advisory Council with the term to expire on May 31, 2011. Chairman Thompson, Vice-Chairman Barfield and Commissioner Davis voted in favor. Appointment to the Criminal Justice Partnership Advisory Board Chairman Thompson reported that vacancies exist on the Criminal Justice Partnership Advisory Board with one application having been received and requested direction from the Board. Chairman Thompson nominated Jennifer Harjo. The nomination was seconded by Commissioner Greer. Vote: The Board voted unanimously to appoint Jennifer Harjo to serve a three year term on the Criminal Justice Partnership Advisory Board with the term to expire on September 30,2013. Appointment to the Nursing Home Community Advisory Committee Chairman Thompson reported that vacancies exist on the Nursing Home Community Advisory Committee with one applicant eligible for reappointment and requested direction from the Board. Chairman Thompson nominated Sharon R. D'Andrea. The nomination was seconded by Commissioner Caster. Vote: The Board voted unanimously to reappoint Sharon R. D'Andrea to serve a three year term on the Nursing Home Community Advisory Committee with the term to expire on February 28, 2013. Appointment to the Port,Waterway and Beach Commission Chairman Thompson reported that one vacancy needs to be filled on the Port, Waterway and Beach Commission with one application eligible for reappointment and requested direction from the Board. Chairman Thompson nominated H. Layton Bedsole, Jr. The nomination was seconded by Commissioner Caster. Vote: The Board voted unanimously to reappoint H. Layton Bedsole, Jr. to serve a three year term on the Port, Waterway and Beach Commission with the term to expire on February 28, 2013. Appointment to the Tourism Development Authority Chairman Thompson reported that one vacancy of an unexpired term needs to be filled on the Tourism Development Authority Board in the Wilmington Hotel Owner/Manager category and one new application has been received and requested direction from the Board. Chairman Thompson nominated Michael Wade Keeler. The nomination was seconded by Commissioner Caster. Vote: The Board voted unanimously to appoint Michael Wade Keeler to serve an unexpired term on the Tourism Development Authority in the Wilmington Hotel Owner/Manager Category with the term to expire on December 31, 2011. NON-AGENDA ITEMS No items were presented. ADDITIONAL AGENDA ITEMS No items were presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 15,2010 PAGE 760 ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 11:58 a.m. Respectfully submitted, Sheila.L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.