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HomeMy WebLinkAbout2010-03-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 770 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 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 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. Commissioner Robert G. Greer was absent. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dennis Pryor,First Baptist Missionary Church,gave the invocation. Commissioner Davis 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 4 TO 0. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on February 25, 2010 Closed Session meeting held on March 1,2010 Regular Session meeting held on March 1,2010 Authorization to Submit a Grant Application to the North Carolina Division of Forest Resources,Urban and Community Forestry Program—Parks,Gardens&Senior Resource Center Department The Commissioners authorized the Parks, Gardens& Senior Resource Center Department to submit a grant application to the North Carolina Division of Forest Resources, Urban and Community Forest Program in the amount of $7,000. If awarded, the funds will be used to reforest portions of Smith Creek Park by purchasing seedlings and supplies. Staff will partner with local Boy Scout troops to plant the seedlings. The required equal match with non-federal funds will be provided by volunteer time donated by the Boy Scouts and staff. Ratification of Appointments to the Department of Senior Resources Home and Community Care Block Grant Advisory Board—Parks,Gardens& Senior Resource Center Department The Commissioners, at the request of the Senior Resource Center, ratified the appointments to the Home and Community Care Block Grant (HCCBG) Advisory Board. The Advisory Board reviews all grant monies that fund programs for older adults in New Hanover County and makes recommendations to the Commissioners for distribution of funds and selection of agencies to provide services. A copy of the Home and Community Care Block Grant Advisory Board is available for review at the Senior Resource Center. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-172- Health/Animal Control 10-190- Health/Various Divisions 10-174- Planning,Inspections,Zoning,Planning/Inspections 10-175 - Senior Resource Center,Parks,Airlie Gardens,Parks/Gardens/Senior Resource Center 10-187- Planning&Inspections/Planning&Zoning 10-169- Sheriffs Office 10-182- Sheriffs Office,Health/Animal Control,and Fire Services 2010-46- Sheriffs Office 2010-47- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book VIII,Page 6.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 771 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: Mamie Carlos,Health Department—32 years of service Frank Carter,Planning&Inspections— 19 years of service Cheryl Hoffman,Parks, Gardens&Senior Resource Center—21 years of service Anne Johnson,Tax Department—23 years of service Charles Lee,Planning&Inspections—22 years of service Neal Lewis,Parks, Gardens& Senior Resource Center— 16 years of service Sheila Merritt,Department of Social Services—20 years of service Steve Ritch,Planning&Inspections—29 years of service Toni Shields, Sheriff's Office—24 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: Deborah Allen-Williams,Department of Social Services Darryl Bean, Sheriff s Office Jerry Brewer, Sheriff s Office Julie Criser,Library Michael Earley, Sheriff s Office James Hudson,Library Norma Kestermont, Sheriff s Office James Maroldt, Sheriff s Office Jim McDaniel,Parks, Gardens&Senior Resource Center Bonita Wright,Health Department Ten Year: Christopher Wright, Sheriff s Office Twenty Year: Joseph Sigman, Sheriffs Office Twenty-Five Year: Jerome Fennell,Property Management 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: Brad Lewis, Sheriff s Office John Limberger,Finance James Pressley,Elections Jonathan Davis, Sheriff s Office On behalf of the Board, Chairman Thompson welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF RESOLUTION RECOGNIZING NEAL LEWIS AS THE RECIPIENT OF THE 2009 PARKS, RECREATION & TOURISM MANAGEMENT OUTSTANDING ALUMNUS AWARD AT NORTH CAROLINA STATE UNIVERSITY Parks, Gardens & Senior Resource Center Director Jim McDaniel presented the request for the Board's consideration to adopt the resolution recognizing Neal Lewis as the recipient of the 2009 Parks, Recreation & Tourism Management Outstanding Alumnus Award at North Carolina State University. Chairman Thompson read the resolution into the record and requested a motion from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution recognizing Neal Lewis as the recipient of the 2009 Parks, Recreation & Tourism Management Outstanding Alumnus Award at North Carolina State University. Upon vote,the MOTION CARRIED 4 TO 0. Mr. Lewis was present to receive the resolution and thanked the Board for the recognition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 772 PUBLIC HEARING AND APPROVAL OF SECONDARY ROAD CONSTRUCTION PROGRAM AS PRESENTED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION North Carolina Department of Transportation Board Member Michael Alford reported that recently the NCDOT Board adopted a change in the project evaluation process changing the evaluation period from seven years to a 5, 10 and 20 year program. He stated that he will continue to pursue equity dollar funding for projects in District 3. North Carolina Division Engineer Allen Pope continued reporting that the statewide twenty-year need is estimated to be in the amount of$59 billion with revenues estimated to be approximately$10.5 million making the prioritization process more important than ever. North Carolina Department of Transportation District Engineer Anthony W. Law presented the Secondary Road Construction Program reporting that as of June 2009,there were approximately 0.84 miles of unpaved roads in New Hanover County. Spending authority for this fiscal year is$501,266.40. Chairman Thompson opened the Public Hearing for comments on the Secondary Road Construction Program expenditures in New Hanover County as presented. Hearing no comments, Chairman Thompson closed the Public Hearing and requested direction from the Board to approve the Secondary Road Construction Program as presented. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the Secondary Road Construction Program as presented. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the NCDOT Secondary Road Construction Program is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.3. ADOPTION OF RESOLUTION EXPRESSING NEW HANOVER COUNTY'S DESIRE TO PARTICIPATE IN GOOGLE'S FIBER FOR COMMUNITIES PROJECT Chairman Thompson requested Vice-Chairman Barfield to read the resolution into the record expressing New Hanover County's desire to participate in Google's"Fiber for Communities Project". Vice-Chairman Barfield read the resolution into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution supporting the joint application from New Hanover County and the City of Wilmington to become a Google Fiber Community. Upon vote,the MOTION CARRIED 4 TO 0. Information Technology Director Leslie Stanfield provided an overview of the "Fiber for Communities Project" highlighting that Google is soliciting applications from communities who are interested in having a high- speed fiber optic network built in their area. The network would deliver broadband Internet services at up to 100 times the speed currently available, at a competitive price, opening up the possibility of delivering next generation applications to our citizens. New Hanover County and the City of Wilmington are partnering to provide a joint application along with community partners to bring the Google fiber project to New Hanover County. There are no budgetary impacts to respond to Google's request for information. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.4. HIGHWAY 17 ASSOCIATION UPDATE Marc Finlayson, Executive Director of the Highway 17 Association, presented a status report on the following US 17 Corridor projects: • US 17 Wilmington Bypass—total cost of$527 million • US 17 Hampstead Bypass—total cost$152 million • US 17 Jacksonville Bypass to Drummer Kellum Road—total cost$212 million • US 17 Belgrade to New Bern Bypass—total cost$228 million • US 17 New Bern Bypass—total cost$239.8 million • US 17 from SR 1438 to Washington Bypass—total cost$71.1 million • US 17 Washington Bypass—total cost$317.8 million • US 17 from Washington Bypass to Williamston—total cost$54.4 million • US 17 from Mills Street,Bridgeton to NC 43 —total cost$49.2 million By the end of CY 2010 there will be five projects in process. Currently there are two initiatives underway, 1)obtaining approval to name Highway 17 as a"Heritage Corridor"with funding attached annually in the amount of $1 million;and 2)an economic impact study on the effects Highway 17 has on economic development and tourism. After a brief question and answer period, Chairman Thompson, on behalf of the Board, thanked Mr. Finlayson for the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 773 APPROVAL OF YOUTH EMPOWERMENT SERVICES REORGANIZATION, DISBANDING OF THE JUVENILE DAY TREATMENT CENTER ADVISORY BOARD AND ESTABLISHMENT OF A YOUTH EMPOWERMENT SERVICES ADVISORY BOARD WITH THE SAME MEMBERSHIP Assistant County Manager Chris Coudriet and Youth Empowerment Services Director Kathy A. Stoute presented the Youth Empowerment Services reorganization reporting that with the reorganization of the former Juvenile Day Treatment Center and the new departmental structure and function of Youth Empowerment Services, staff is requesting to disband the Juvenile Day Treatment Center Advisory Board and establish the Youth Empowerment Services Advisory Board with the same membership. The requirement and purpose of the Juvenile Day Treatment Center Advisory Board as it was established no longer exists. The purpose of the Youth Empowerment Services Advisory Board will be to support the department's focus on the participation of the youth, their family and community to assist the youth served in succeeding academically and behaviorally, thus resulting in yielding a productive member of society. The goals of the new board will be to provide a forum for the collection and expression of ideas and recommendations on matters relating to all four divisions of services; to promote communication and collaboration among the general public, other agencies, NEC departments, and administration; to advise on matters of community interest relating to the youth and services the department provides, as well as funding issues and other relevant local and state matters. The program will be serving over 450 students. In response to Board questions, Ms. Stoute reported that their annual budget is approximately$1.3 million with approximately $500,000 in funding from New Hanover County. The other two funding sources are the North Carolina Department of Juvenile Justice and Delinquency Prevention and the New Hanover County School System. After brief discussion on the necessity of investing in our youth and the importance of family involvement, Chairman Thompson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the request to disband the Juvenile Day Treatment Center Advisory Board and establish the Youth Empowerment Services Advisory Board with the same membership. Upon vote,the MOTION CARRIED 4 TO 0. A listing of the Youth Empowerment Services Advisory Board is available for review in the Clerk's office. CAPE FEAR MUSEUM ANNUAL UPDATE Cape Fear Museum Director Ruth Haas presented a PowerPoint presentation '`Today and Beyond" highlighting the following: • Quality programs: • Twenty-four school programs • Three weekend family programs • Adult lectures and workshops • STEM Education(Science, Technology,Engineering and Mathematics) • Field trips • Outreach • Programs • Events • Exhibits • STEM Partnerships: • Museum • Library • Airlie Gardens • NEC Schools • Business Community • Three new exhibits: • "Land of the Long Leaf Pine" • "Conservation Matters" • "Going to the Movies" • Collections stewardship includes acquisition,research and conservation funding • Funding Successes and expanding reach In closing, Ms. Haas stated that key to the Museum's planning and education and marketing strategy is change as well as providing an exciting new Museum experience. A copy of the PowerPoint presentation is available for review at the Cape Fear Museum. APPROVAL OF THE PARKS AND GARDENS TOURNAMENT AND MAJOR EVENT RESERVATION AGREEMENT AS PRESENTED Parks, Gardens & Senior Resource Center Director Jim McDaniel presented the request for the Board's consideration to approve the Parks and Gardens Tournament and Major Event Reservation Agreement. The Agreement will allow the system to run more effectively and efficiently and are recommended and approved by the Parks and Recreation Advisory Board. The contract outlines the following provisions: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 774 • Location of facility and term, • Duties of sponsor, • Indemnification and insurance, • Method of payment, • Default clause,and • General provisions. After brief discussion, Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to approve the Parks and Gardens Tournament and Major Event Reservation Agreement as presented. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the Agreement is available for review in the Legal department. ADOPTION OF RESOLUTION AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT TO REFINANCE A PORTION OF THE COSTS RELATED TO CERTAIN CAPITAL PROJECTS, DIRECTING THE PUBLICATION OF NOTICE AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS Finance Director Avril Pinder reported that the County previously entered into an Installment Financing Contract with the New Hanover County Financing Corporation to finance capital costs of various projects. Staff is requesting the Board adopt the resolution authorizing the installment purchase contract to refinance a portion of the costs related to certain capital projects, directing the public of notice and providing for certain other matters. A Special Meeting of the Board to hold the required Public Hearing on this issue will be held before the March 31, 2010 Agenda Review meeting. Chairman Thompson read the resolution into the record. BREAK Chairman Thompson called for a break from 10:42 a.m. until 10:44 a.m. Chairman Thompson called the meeting back to order and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution authorizing, directing, and designating the County Manager, the Finance Director, and the County Attorney to do any and all things necessary to effectuate the refinancing of the Projects in an amount not to exceed $50,000,000. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.5. COMMITTEE APPOINTMENTS Appointments to Adult Care Home Community Advisory Committee Chairman Thompson reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with one applicant eligible for reappointment and two applications having been received and requested direction from the Board. Commissioner Caster nominated Jackie Dae, Susan K. Craig and Harvey C. Hutchison. The nomination was seconded by Chairman Thompson. Vote: The Board voted 4 TO 0 to reappoint Jackie Dae to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on March 31, 2013 and appoint Susan K. Craig and Harvey C. Hutchison to serve one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on March 31,2011. Appointments to the Nursing Home Community Advisory Committee Chairman Thompson reported that vacancies exist on the Nursing Home Community Advisory Committee with two applications having been received and requested direction from the Board. Commissioner Caster nominated John Coble and Dana Strensrud. The nomination was seconded by Chairman Thompson. Vote: The Board voted 4 TO 0 to reappoint John Coble to serve a three-year term on the Nursing Home Community Advisory Committee with the term to expire on March 31, 2013 and appoint Dana Stensrud to serve a one-year term on the Nursing Home Community Advisory Committee with the term to expire on March 31,2011. Appointments and Naming of Chairman to the 2010 Special Board of Equalization and Review Chairman Thompson reported that five vacancies of Regular Members and two vacancies of Alternate Members need to be filled on the Special Board of Equalization and Review with four applicants eligible for reappointment and nine new applications having been received and requested direction from the Board. The Board also is charged with appointing the Chairman. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 775 Commissioner Caster nominated Gregory D. Anderson. The nomination was seconded by Chairman Thompson. Vote: The Board voted 4 to 0 to appoint Gregory D. Anderson to serve a one-year term on the Special Board of Equalization and Review in the North Carolina Licensed Appraiser category with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated Joseph Szaloky. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint Joseph Szaloky to serve a one-year term on the Special Board of Equalization and Review in the Attorney, Accountant, or Other Professional category with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated Rebecca G. Terretti. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint Rebecca G. Terretti to serve a one-year term on the Special Board of Equalization and Review in the Business Owner category with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated Donald E. Harris. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint Donald E. Harris to serve a one-year term on the Special Board of Equalization and Review in the Real Estate Broker category with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated William O'Shea. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint William O'Shea to serve a one-year term on the Special Board of Equalization and Review in the Single-family Residential Property Owner category with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated Nancy Pritchett as an alternate member. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint Nancy Pritchett to serve a one-year term on the Special Board of Equalization and Review as an alternate with the term to expire at the conclusion of the 2010 tax appeals. Vice-Chairman Barfield nominated Deb Quaranta Hays as an alternate member. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 0 to appoint Deb Quaranta Hays to serve a one-year term on the Special Board of Equalization and Review as an alternate with the term to expire at the conclusion of the 2010 tax appeals. Chairman Thompson nominated Joe Szaloky to serve as Chairman of the Special Board of Equalization and Review for 2010. The nomination was seconded by Commissioner Caster. Commissioner Davis nominated William O'Shea to serve as Chairman of the Special Board of Equalization and Review for 2010. No second was received. Vote: The Board voted 4 to 0 to appoint Joe Szaloky to serve a one-year term as Chairman on the Special Board of Equalization and Review with the term to expire at the conclusion of the 2010 tax appeals. APPROVAL OF LOCAL ACT TO MODIFY THE NEW HANOVER COUNTY ABC BOARD MEMBERSHIP FOR CONSIDERATION BY THE GENERAL ASSEMBLY County Attorney Wanda Copley stated that three versions were presented to the Board at their Agenda Review meeting with version C receiving Board consensus. Version C is the draft of the Local Act modifying the New Hanover County ABC Board membership from three members to five and includes the language "The board shall be appointed by the County Commissioners of New Hanover County and will serve at their pleasure and may be removed without cause by a majority vote of the County Commissioners". The approved version will be forwarded to Senator Julia Boseman for submission during the short session of the General Assembly. Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approved Version C of the draft Local Act modifying the New Hanover County ABC Board membership from three to five members including the language"The board shall be appointed by the County Commissioners of New Hanover County and will serve at their pleasure and may be removed without cause by a majority vote of the County Commissioners". Upon vote,the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 15,2010 PAGE 776 A copy of the Local Act is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.6. NON-AGENDA ITEMS No items were presented. ADDITIONAL AGENDA ITEM ADOPTION OF RESOLUTION TO SCHEDULE A PUBLIC HEARING REGARDING A TEMPORARY DEVELOPMENT MORATORIUM ON INTERNET GAMING ESTABLISHMENTS Commissioner Caster read the resolution into the record establishing a public hearing regarding a temporary development moratorium on internet gaming establishment and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution establishing a public hearing for the consideration of the adoption of a temporary development moratorium on cyber-sweepstakes gaming within unincorporated New Hanover County. Upon vote,the MOTION CARRIED 4 TO 0. Assistant County Manager Chris Coudriet reported that the adopted resolution authorizes a public hearing to be scheduled regarding a temporary development moratorium on internet gaming establishments within the unincorporated areas of New Hanover County. The request is in response to a recent decision by the City of Wilmington to consider a moratorium on these uses. Since the City's action, planning staff has received calls concerning the potential for redirecting planned cyber-sweepstakes into the unincorporated county. Staff finds a moratorium is the appropriate action until regulations that address use and safety issues are considered and implemented. After brief discussion, the consensus of the Board is to call a Special Meeting for the purpose of holding the public hearing on Wednesday, March 24, 2010 at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC as opposed to the April 6, 2010 date. Staff was directed to advertise and post as appropriate. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 6.7. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 11:13 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.