2011-01-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 111
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 18, 2011,
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 Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson;
Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the
Board Sheila L. Schuh and County Manager Bruce T. Shell.
Commissioner Ted Davis, Jr. was absent.
Chairman Barfield called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Richard G.Elliott, St. Andrew's On-the-Sound Episcopal Church,provided the invocation.
Commissioner Berger led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Hearing no comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to approve 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 Regular Session meeting held on January 3, 2011 as
presented by the Clerk to the Board.
Authorization for Leading Into New Communities to Submit a Grant Application to the North Carolina
Governor's Crime Commission with New Hanover County as the Applicant Agency — County Manager's
Office
The Commissioners authorized Leading Into New Communities to submit a grant application in the amount
of $80,000 to the North Carolina Governor's Crime Commission with New Hanover County as the applicant
agency. No local match is required.
Acceptance of Grant Funding from the National Endowment for the Humanities and Adoption of Budget
Ordinance Amendment 11-139—Library
The Commissioners, on behalf of the Library, accepted grant funding from the National Endowment for the
Humanities in the amount of$2,500 and adopted Budget Ordinance Amendment 11-139. The funds will be used to
present five programs focused on Louisa May Alcott: The Woman behind Little Women.No local match is required.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 2.1.
Authorization for Cape Fear Museum to Submit a Grant Application to the National Endowment for the
Humanities—Museum
The Commissioners authorized the Cape Fear Museum to submit a grant application to the National
Endowment for the Humanities. If awarded, the Museum will host the exhibit Grass Roots: African Origins of an
American Art from January 28 through March 16, 2012. The cost to the Museum to host the exhibit includes a
$1,000 rental fee and$1,000 transportation fee.
Authorization to Submit a Grant Application to the Cape Fear Memorial Foundation — Senior Resource
Center
The Commissioners authorized the Senior Resource Center to submit a grant application to the Cape Fear
Memorial Foundation in the amount of$10,000. If awarded,the funds will be used to fund the salary of an existing,
part-time position for a Prescription Drug Assistance Program Coordinator. This position provides one-on-one
counseling to seniors who cannot afford their medications as well as to help seniors navigate the Medicare Part D
system. No local match is required.
Adoption of Resolution Authorizing the Submission of Grant Application to the North Carolina Clean Water
Management Trust Fund—Planning Department
The Commissioners adopted the resolution authorizing the submission of a grant application to the North
Carolina Clean Water Management Trust Fund in the amount of approximately $200,000 (pending the amount
verified by the appraisal). If awarded,the funds will be used to purchase approximately ten additional acres of land
at Smith Creek. No local match is required.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 112
XXXIV,Page 2.2.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted Budget Ordinance Amendment 11-132 - Parks, Gardens, Senior Resources
Center for fiscal year ending June 30,2011.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 2.3.
REGULAR ITEMS OF BUSINESS
NEW HANOVER COUNTY CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD ANNUAL
UPDATE
New Hanover County Chief Public Defender and New Hanover County Criminal Justice Partnership
Advisory Board Chairman Jennifer Harjo presented an update on the New Hanover County Criminal Justice
Partnership Advisory Board highlighting that the purpose of the advisory board is to develop community-based
solutions to the problems of rehabilitation and punishment for criminal offenders. The goals are to reduce
recidivism, reduce the number of probation revocations, reduce alcohol and drug dependency among offenders and
reduce the cost of incarceration now being paid by counties and the state. Programs that are currently being used
and showing successful results are the Day Sentencing Center and Pre-Trial Release Program. The new Highpoint,
or GRIP model program,is currently being reviewed by the Board for potential involvement.
Hearing no comments, on behalf of the Board Chairman Barfield thanked Ms.Harjo for the update.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS
County Manager Shell requested retired employee Larry Godley, with 28 years of service with Public
Safety Communications,to step forward to receive his award.
On behalf of the Board, Chairman Barfield presented a retirement award to Mr. Jones and thanked him for
his 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: Yolanda Boynton-Clark-Department of Social Services
Sandra Macon-Sheriff's Office
Avril Pinder-Finance Department
William Robertson-Parks, Gardens and Senior Resources
Ten Year: Angela Poirier-Department of Social Services
Katherine Spivey-Department of Social Services
Fifteen Year: Alice Hovis-Pre-Trial Release
Twenty Year: Robert Blake- Sheriffs Office
John Blume-Department of Social Services
Nancy Broughton-Property Management
Diane Morgan-Legal Department
Twenty-Five Year: Dorothy Colson-Health Department
Jackie Williams-Rowland-Planning&Inspections Department
On behalf of the Board, Chairman Barfield 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 new employee, Cheryl Walker, Department of Social Services to stand
and be introduced.
On behalf of the Board, Chairman Barfield welcomed Ms. Walker to County Government and wished her
success in her new position.
ADOPTION OF RESOLUTION SUPPORTING THE CONTINUED FUNDING OF DRUG TREATMENT
COURTS BY THE STATE OF NORTH CAROLINA
District Court Judge James Faison and Drug Treatment Court Administrator Penny Craver have requested
the Board consider adopting a resolution of support for the continued funding of Drug Treatment Courts by the State
of North Carolina.
Commissioner Catlin read the resolution into the record.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 113
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution
supporting continued funding of Drug Treatment Courts by the State of North Carolina. Upon vote, the MOTION
CARRIED 4 TO 0.
Driving While Impaired Court Manager Reba Cook was present to receive the resolution.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 2.4.
ADOPTION OF PROCLAMATION RECOGNIZING THE WEEK OF JANUARY 18, 2011 AS
FIREFIGHTER APPRECIATION WEEK IN NEW HANOVER COUNTY
Muscular Dystrophy Association Executive Director Christine Bender has requested the Board consider
proclaiming the week of January 18, 2011 as Firefighter Appreciation Week in New Hanover County.
Commissioner Berger read the resolution into the record.
Fire Chief Donnie Hall reported that the Muscular Dystrophy Association recognized New Hanover County
Fire Services for their Fill the Boot Campaign fund raising efforts of over $13,935 in September 2010.
Representative Lt. Ben Bobzien, on behalf of New Hanover County Professional Firefighter's Association #4576,
was recognized for raising the most money during the campaign.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to adopt the proclamation
recognizing the week of January 18, 2011 as Firefighter Appreciation Week in New Hanover County. Upon vote,
the MOTION CARRIED 4 TO 0.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 2.5.
PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL
YEAR ENDED JUNE 30,2010
Finance Director Avril Pinder introduced Bryan Starnes, Audit Partner with Martin Starnes & Associates
and reported that as a part of the completion of the annual audit Mr. Starnes would make the presentation of the
financial report for the fiscal year ended June 30,2010.
Mr. Starnes presented the auditor's perspective to the Board and reported that all Basic Financial
Statements were performed in accordance with Government Auditing Standards for the year ended June 30, 2010.
He informed the Board that New Hanover County received an unqualified opinion, or clean opinion, which is the
highest level of assurance that can be issued highlighting the following information for Fiscal Year 2009-2010:
• General fund revenues for 2009 in the amount of $297,940,565; for 2010 in the amount of
$250,307,479.
• General fund expenses for 2009 in the amount of $217,022,694; for 2010 in the amount of
$168,816,735.
• At the end of the current fiscal year, unreserved fund balance for the General Fund was in the amount
of$44,292,878 or 18.30 percent of total general fund expenditures and other financing for the fiscal
year. In 2009,unreserved fund balance in the General Fund was$40,939,041 or 14.64 percent of total
expenditures and other financing uses.
• New Hanover County increased its bond rating to Aaa with Moody's Investor Service and maintained
its bond rating of AA+from Standard and Poor's Corporation.
• Concerns at the State level include a static budget gap going into FY2011-2012 of over$3 billion.
After a brief question and answer period, Chairman Barfield thanked Mr. Starnes for the presentation and
requested a motion to approve the report as presented.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger,to approve the New Hanover
County Comprehensive Annual Financial Report for Fiscal Year ending June 30, 2010 as presented. Upon vote,the
MOTION CARRIED 4 to 0.
A complete copy of the audit report is available for review in the Finance Department and at all County
libraries.
NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS ANNUAL UPDATE
New Hanover County Board of Examiners of Electricians Chairman James R. Shivar, Jr. presented the
annual update to the Board highlighting the following:
• The Mission is to help and promote competence and safety.
• The Board establishes minimum journeyman experience requirements and standards.
• Reviews exam applications.
• Reviews examinations taken.
• Issues Certificates of Competence to qualified Journeyman Electricians upon their passing the
required examination.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 114
• A total of twenty-one applicants took the examination from December 2009—December 2010.
• Thirteen of these applicants passed the examination with at least a minimum passing score of 76 or
better and Certificates of Competence were issued by the Board to these applicants.
• New Hanover County Code, Chapter 11, Article 4, Section 11-242 -Requires that a person shall have
a proper Certificate of Competence issued by this Board to perform electrical work in New Hanover
County.
• Journeyman electricians who receive certificates from the Board shall work for a North Carolina
licensed electrical contractor.
• The Certificate of Competence issued by our Board is not a license to engage in electrical contracting
within the state of North Carolina.
Hearing no further comments, on behalf of the Board, Chairman Barfield thanked Mr. Shivar for the
update.
NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS ANNUAL UPDATE
New Hanover County Board of Mechanical Examiners Chairman Bruce Polity presented the annual update
to the Board highlighting the following:
• The purpose is to regulate mechanical work done in the County.
• To issue certificates to all persons who: 1)provide satisfactory evidence to the Board regarding their
training and education; 2)pass an examination administered by the Board;and 3)provide evidence of
two years of experience in their perspective fields.
• The Board may revoke certificates and reinstate certificates in accordance with the County Code.
• In the past year,one-hundred participants have gone through the program.
Hearing no further comments,on behalf of the Board, Chairman Barfield thanked Mr.Polity for the update.
NEW HANOVER COUNTY PLUMBING BOARD OF EXAMINERS ANNUAL UPDATE
New Hanover County Plumbing Board of Examiners Chairman Ernest Duarte presented the annual update
to the Board highlighting the following:
• The purpose is to administer tests and issue licenses to qualified plumbers.
• New Hanover County has a reputation for having top-notch plumbing inspectors.
• In the past year, seventy-five participants have gone through the testing program with thirty-five
receiving passing grades.
Hearing no further comments, on behalf of the Board, Chairman Barfield thanked Mr. Duarte for the
update.
APPROVAL OF CHANGES TO NEW HANOVER COUNTY CODE CHAPTER 5: ANIMALS
Animal Control Services Manager Dr. Jean McNeil presented the request for the Board's consideration to
approve changes to New Hanover County Code Chapter 5: Animals. Changes include the authority to levy criminal
charges against dog owners who let their animals run loose for four or more times. Fees for prior running loose
offenses will be raised to$500 to provide an incentive to change prior to misdemeanor criminal charges being filed.
The update will require no budgetary or staffing changes. The Board of Health unanimously endorsed the changes
at their meeting on January 5, 2011. Other minor changes were added to the Animal Control Services section for
clarification and to add ferrets.
In response to Board questions, Dr. McNeil clarified that the $250 citation listed in Section 5-30 Restraint
is for dogs tied out as well as in Section 5-31 Outside Enclosure if the size of the enclosure is not adequate for the
dog according to the list in the definition section.
Commissioner Catlin stated that he could support increasing the fines for the running-at-large violations but
voiced his concern on criminalizing the violation.
After a brief question and answer period, hearing no further comments, Chairman Barfield requested
direction from the Board.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to approve changes to New
Hanover County Code Chapter 5: Animals as presented. Upon vote, the MOTION CARRIED 3 TO 1.
Commissioner Catlin voted in opposition.
A copy of the complete ordinance is available for review in the Health Department and on their
departmental website.
BREAK
Chairman Barfield called for abreak at 10:31 a.m.until 10:41 a.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 115
AUTHORIZATION FOR THE LIBRARY TO SUBMIT TWO GRANT APPLICATIONS TO THE
LIBRARY SERVICES AND TECHNOLOGY ACT
Library Director Harry Tuchmayer presented the request for the Board's consideration to authorize the
Library to submit two grant applications to the Library Services and Technology Act as follows:
• The first grant request is in the amount of$100,000. If awarded, the funds will be used to install full
service self-checkout stations in all County libraries. In addition, these funds will allow for the
installation of automated full-service DVD and CD delivery devices at Main, Northeast and Myrtle
Grove libraries. The Library has already gone through the required planning process and has received
the necessary authorization from the State Library to submit a final application. A local match of
twenty-five percent is required which will be funded as follows:
• Seventy-five percent of the match, or $18,750, will come from the reallocation of currently
budgeted general fund dollars.
• Twenty-five percent of the match, or$6,250, will come from the Friends of the Library and the
Library Foundation.
• The second grant request is in the amount of$25,000. If awarded, the funds will be used to replace
outdated equipment and enlarge the Main Library's computer lab and to replace outdated equipment
at the Northeast Regional Library. The local match requirement of twenty-five percent will be
provided for by monies raised by the Friends of the Library book sale.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to authorize the library to
submit two grant applications to the Library Services and Technology Act as presented. Upon vote, the MOTION
CARRIED 4 TO 0.
AUTHORIZATION FOR THE PARKS, GARDENS, AND SENIOR RESOURCES CENTER TO SUBMIT
A GRANT APPLICATION TO THE NORTH CAROLINA PARKS AND RECREATION TRUST FUND
Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's
consideration to submit a grant application to the North Carolina Parks and Recreation Trust Fund in the amount of
$250,000. If awarded, the funds will be used for the expansion of Castle Hayne Park to purchase the final 33-acre
parcel. A wavier of retroactivity has been applied for so that the final parcel is eligible for these grant funds. If
approved, the grant would be awarded in May 2011. The local match requirement will be satisfied by land that has
already been purchased.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to authorize the Parks,
Gardens and Senior Resources Center to submit a grant application to the North Carolina Parks and Recreation Trust
Fund as presented. Upon vote,the MOTION CARRIED 4 TO 0.
ADOPTION OF RESOLUTION FOR SOLE SOURCE AWARDS FOR THE PURCHASE OF
EMERGENCY EQUIPMENT,SOFTWARE,AND HARDWARE
Information Technology Director Leslie Stanfield,pursuant to General Statute 143-129(e)(6),presented the
request for the Board's consideration to adopt the resolution for sole source awards for the purchase of emergency
equipment, software,and hardware.
The Sheriff's Office is requesting to purchase a mobile data reporting system in the amount of$294,380.
The system will enable real-time paperless reporting. The Mobile Field Reporting module, by Sunguard OSSI, is
the only mobile reporting module that is compatible with the OSSI software currently being used by the Sheriff's
Office. Emergency Management would like to update its CAD system in the amount of $74,848 which is also
manufactured by Sungard Public Sector OSSL These purchases using 911 surcharge funds was approved at the
Board's December 6, 2010 meeting; the current request is for the Board to adopt the resolution approving the sole
source award.
Vice-Chairman Thompson responded to the concern that the County was using the one-time opportunity to
use 911 surcharge funds for County purchases for the 911 Center and Sheriff's Office stating that if the
municipalities want to share in the revenues then they also need to share in the expenses.
After a brief question and answer period, hearing no further comments, Chairman Barfield requested
direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution
approving the purchase of Mobile Data Reporting Software and CAD system hardware and software from Sungard
Public Sector OSSI as sole source vendor as presented. Upon vote,the MOTION CARRIED 4 TO 0.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 2.6.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JANUARY 18,2011 PAGE 116
COMMITTEE APPOINTMENTS
Appointment to the Library
Chairman Barfield reported that one vacancy of an unexpired term needs to be filled on the Library
Advisory Board with two applications available for the Board's consideration.
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to appoint Deloris H. Rhodes to serve
the unexpired term on the Library Advisory Board with the term to expire on August 31, 2011. Upon vote, the
MOTION CARRIED 4 TO 0.
Appointment to the Port,Waterway,and Beach Commission
Chairman Barfield reported that one vacancy needs to be filled on the Port, Waterway, and Beach
Commission with one application available for the Board's consideration.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to appoint Dave Weaver to
serve a three-year term on the Port, Waterway, and Beach Commission with the term to expire on February 28,
2013. Upon vote,the MOTION CARRIED 4 TO 0.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Barfield announced that time had been reserved to allow the public to present an item that was
not listed on the regular agenda.
No items were presented.
ADDITIONAL AGENDA ITEM
LEGISLATIVE PRIORITY DISCUSSION
The Board held a brief discussion on compiling a list of Legislative Priorities to be submitted to our local
Legislative Delegation. The following topics were discussed:
• Term limits for County Commissioners. Commissioner Catlin stated that he will work with staff to
draft a non-binding resolution for the Board's consideration.
• A Local Act to elect the chairman of the New Hanover County Board of Commissioners for two year
terms. The Board did not reach consensus on this issue.
• Eliminate second primary. County Manager Shell reported that it cost the County approximately
$72,000. The Board did not reach consensus on this issue directing staff to continue to compile
information for the Board's consideration.
• Airport Authority members serving at the"pleasure of the Board of Commissioners." The Board did
reach consensus on this issue directing Staff to draft a resolution with the wording suggested by our
local delegation.
• Forced Annexation. The Board did reach consensus on this issue directing Staff to draft a resolution
prohibiting forced annexation for the Board's consideration.
• A Local Act to allow the County to impound motor vehicles that do not have valid license plates,
registration, or insurance. The Board did reach consensus on this issue directing staff to continue to
compile information for the Board's consideration.
The consensus of the Board was to hold a work session prior to the Board's February 17, 2011 Agenda
Review meeting to further discuss legislative priorities.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 11:19 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 and
on www.nhcgov.com/NHCLive or www.nhcgov.com/paQes.BOC/asps