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HomeMy WebLinkAbout2011-12-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 308 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 19, 2011, at 9:00 a.m. in the Assembb- Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson:and Richard G. Catlin. Commissioner Brian M.Berger arrived at 9:05 a.m. Staff present: County Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order, welcomed everyone present and aimounced the advertised Closed Session meeting has been cancelled. INVOCATION,PLEDGE OF ALLEGIANCE Reverend Mark M. Powell, St. Andrew's On-the-Sound Episcopal Church,provided the invocation. Commissioner Thompson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, 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 following meetings as presented by the Clerk to the Board: Agenda Review meeting held on December 1, 2011 Closed Session meeting held on December 5,2011 Regular Session meeting held on December 5,2011 Approval of Appointment of Commissioners/Designees to Boards and Committees for 2012 — Governing Body The Commissioners approved the appointment of Commissioners/Designees to Boards and Committees for 2012 as presented. A copy of the list of Commissioners/Designees Appointed to County Boards and Committees for Year 2012 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.1. Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Soundside Drive,Fisher and Niffer Lanes located within the Soundside(Sections 1 and 2) Subdivision in New Hanover County to the State Road System(Division File No. 1174-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.2. Adoption of Resolution Declaring the County's Intent to Reimburse Itself with Financing Proceeds and Adoption of Budget Ordinance Amendment—Environmental Management The Commissioners adopted the resolution declaring the County's intent to reimburse itself with financing proceeds and adoption of Budget Ordinance Amendment 12-113. A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.3. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-109-Health 12-115 -Health 12-111 -Youth Empowerment Sei ices/Juvenile Sei vices 12-112 -DSS 12-114- Sheriffs Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 309 Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIV,Page 22.4. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Bruce Shell requested the following retirees step foiNvard to receive their award: Betty Jo Bennett,Health Department—30 Years of Seivice Mario Gonzalez, Sheriff s Office— 11 Years of Sei vice On behalf of the Board, Chairman Davis presented an award to each retiree, expressed appreciation, and thanked them for their nears of dedicated seivice. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Bruce Shell requested the following employees to step forward to receive seivice awards: Five Year: Patricia Weaver,Health Department Fifteen Year: Robert(Ted)Davis, Governing Body Thirt-v Year: John Mur7av, Sheriffs Office On behalf of the Board, Chairman Davis presented a seivice award to each employee, expressed appreciation,and thanked them for their years of dedicated seivice. ADOPTION OF PROCLAMATION RECOGNIZING THE WILMINGTON SYMPHONY ORCHESTRA ON THEIR FORTY-YEAR ANNIVERSARY Commissioner Richard G. Catlin presented the request for the Board's consideration to recognize the Wilmington Symphony Orchestra's forty-year anniversary. The Wilmington Symphony Orchestra is celebrating forty years of seivice to the Cape Fear Region and has grown into a multi-faceted asset for southeastern North Carolina providing additional value in economic development,identity and image,pride and prestige. Commissioner Catlin read the proclamation into the record and moved for adoption. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing the Wilmington Symphony Orchestra on their forty-year anniversary in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Wilmington Symphony Orchestra Board of Directors President Tim Ford and Violinist Gaile Zack 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 XXXIV,Page 22.5. ADOPTION OF RESOLUTION RECOGNIZING WILMINGTON CENTRAL ROTARY FOR THEIR CONTRIBUTION TO THE SHERIFF'S OFFICE K-9 UNIT Commissioner Thompson presented the request for the Board to adopt the resolution recognizing the finndraising efforts of Wilmington Central Rotary for the purchase of a drug dog for the Sheriffs Office K-9 Unit. Commissioner Thompson read the proclamation into the record and moved for adoption. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution recognizing the finndraising efforts of Wilmington Central Rotary for the purchase of a drug dog for the Sheriffs Office K-9 Unit. Upon vote, the MOTION CARRIED UNANIMOUSLY. Wilmington Central Rotarians including Louise McCall and Jeannette Woodruff were present to receive the resolution and present a$6,500 check to Sheriff McMahon. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.6. ADOPTION OF RESOLUTION AUTHORIZING THE USE OF ELECTRONIC LISTING FOR PERSONAL PROPERTY TAX LISTINGS SUBMITTED ONLINE Tax Administrator Roger Kelley presented the request for the Board's consideration to adopt the resolution authorizing the use of personal property tax listings submitted online and with a due date no later than April 15 in order to avoid late list penalties. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 310 In response to questions concerning on-line security by Commissioner Catlin, Mr. Kelley responded that the appropriate security measures will be in place and the public will be notified of the new process when available. Hearing no further comments, Chairman Davis requested direction from the Board to adopt the resolution as presented. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the resolution authorizing the use of personal property tax listings submitted online as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Catlin voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.7. PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30,2011 Bryan Starnes, Audit Partner with Martin Starnes & Associates presented the auditor's perspective to the Board and reported that all Basic Financial Statements were performed in accordance with Govermment Auditing Standards for the near ended June 30, 2011. 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 2010-2011: • General Fund Balance: • 2010—Revenues$250,885,530:Expenditures$168,816,735 • 2011—Revenues$260,865,118:Expenditures$168,350,066 • Fund Balance-seives as a measure of the Countv's financial resources available: • Assets—Liabilities=Fund Balance • 5 Classifications: • Non spendable-not in cash form • Restricted -external restrictions(laws, grantors) • Committed -internal constraints at the highest(Board)level-do not expire,require Board action to undo • Assigned-internal constraints,lower level than committed • Unassigned -no external or internal constraints • Fund Balance position: • Total Fund Balance $84,182,168 • Non spendable - 79,851 • Stabilization by State Statute - 23,418,168 • Restricted, other - 775,135 • Assigned - 7,945,535 • Unassigned—June 30,2011 $51,963,479 • Unassigned Fund Balance as a Percent of Expenditures and Transfers Out General Fund: • 2010—17.74%: • 2011—20.52% • Property Tax: • 2010—Budgeted $151,449,581:Actual$153,149,665 • 2011—Budgeted $158,778,525:Actual$157,919,322 • Other Taxes: • 2010—Budgeted $43,397,000:Actual$41,271,837 • 2011—Budgeted $41,769,705:Actual$47,359,441 • Intergovernmental Revenue: • 2010—Budgeted $40,720,667:Actual$40,490,639 • 2011—Budgeted $41,337,393:Actual$39,804,792 • Human Seivices Expenditures: • 2010—Budgeted $56,335,905:Actual$53,253,360 • 2011—Budgeted $55,593,655:Actual$52,148,036 • Public Safety Expenditures: • 2010—Budgeted $47,895,301:Actual$45,144,306 • 2011—Budgeted $48,654,042:Actual$45,666,801 • General Government Expenditures: • 2010—Budgeted $31,407,164:Actual$29,485,936 • 2011—Budgeted $32,830,673:Actual$29,479,030 • Environmental Management Fund: • 2010—Budgeted $2,972,588: Actual($433,779);net change in fiord balance($1,933,785) • 2011—Budgeted ($690,806);Actual$864,004:net change in fiord balance$1,325,065 • Issues facing the State: • State tax revenues are not enough to fully replace federal stimulus fiords that expired in June. • Federal healthcare reform will make it harder for states to control costs. • Federal spending cuts will affect state and local governments to varying degrees. • How local governments fared in Fiscal Year 2011: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 311 • Property tax revenue fell in the first quarter of 2011;this is likely to continue into 2012. • Sales tax revenue grew by 4%in the first quarter of 2011,the fourth consecutive quarter with growth. • General Fund balance as a percentage of revenues fell an average of 2.1%. County Manager Bruce Shell added that the County received nine months of the additional quarter cent sales tax when staff conservatively budgeted for only six months. After a brief question and answer period, Chairman Davis thanked Mr. Staines for the presentation. A complete copy of the audit report is available for review in the Finance Department and at all County libraries. BREAK Chairman Davis called for a break at 9:46 a.m.until 9:53 a.m. NEW HANOVER COUNTY LIBRARY ADVISORY BOARD ANNUAL UPDATE New Hanover County Library Advisory Board Chairman Marti E. Hatcher reported that the Library Advisory Board consists of twelve members appointed by the New Hanover County Commissioners for a three-year term,which can be renewed once and are responsible for recommending policies for the operation of the library and for seising as liaison among the library, the public and the County Commissioners. Ms. Hatcher presented the following information: • New Hanover County libraries have seined as a resource for residents of New Hanover County and neighboring counties for over 100 years. • Locations: • Main Libraiv • Northeast Regional Library • Carolina Beach Branch Libraiv • Mvrtle Grove Branch Libraiv • Law Libraiv located in the Courthouse • Forty fill time employees • Open to the public over 9,500 hours • 15,000+volunteer hours • 843,007 libraiv visits • 1,355,323 items checked out • 1,864 children's and adult programs • Twelve meeting rooms • 34,433 program attendees • 42,714 program attendees • 133 public access computers • 153,873 public computer uses • Free public Wi-Fi • Aligning the County's Strategic Plan to provide a unified approach to seising the citizens of New Hanover County: • Supporting programs to improve educational performance. • Providing health and wellness education,programs and sei ices. In closing, Ms. Hatcher reported that New Hanover County libraries have seined as an efficient County agency and given taxpayers the most for their money during good and bad economic times. NEW HANOVER COUNTY RISK MANAGEMENT ADVISORY COMMITTEE ANNUAL UPDATE Risk Manager and New Hanover County Risk Management Advisory Committee Chairman Tiffany Allen presented the amrual update highlighting the following: • The purpose of the committee is to offer advice and consultation for an efficient and economical risk management program for the County and other agencies that contract with the County. • The Commissioners established the Committee after dissolving the Insurance Advisory Committee on August 7,2000 to aid the Risk Management Department. • Qualifications include experience in public entity or corporate risk management, loss prevention and control, occupational safety and health, claims administration, insurance placement and brokerage, insurance defense law,actuarial work, or other risk management experience. • Insurance policies managed include: • Accident • Aviation • Commercial Package • Crime • Flood • Inland Marine • Liability • Ocean Marine NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 312 • Professional Liabilit_N- • Property • Public Official Bond • Worker's Compensation In closing, Ms. Allen recognized committee members in attendance, Deborah Watts and Ronald Woodruff, thanldng them for their work on the committee along with absent members Richard Beebee and George Chadwick. ADOPTION OF REVISED NEW HANOVER COUNTY FIRE INSURANCE DISTRICT MAPS Fire Chief Donnie Hall presented the request for the Board's consideration to adopt the revised New Hanover County Fire Insurance District maps. The Commissioners adopted the resolution and fire district maps outlining the rivo fire districts at their meeting on October 17, 2011. As a requirement to complete the process, the North Carolina Department of Insurance performed an inspection of the County and discovered that transportation improvements since the last rating have altered the travel distance placing approximately 45 residential properties outside of a ratable fire insurance district,which means these properties cannot be accessed within six road miles of an existing fire station. New Hanover County Fire Sei ices requests the adoption of the revised Fire District maps showing the affected residential properties that are not considered in a protected area. After a brief question and answer period, Chairman Davis requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the revised New Hanover County Fire Insurance District maps as presented.Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the revised Fire District Maps are available for review in the Fire Sei ices Department. APPOINTMENT OF NEW MEMBERS TO THE PUBLIC SAFETY CENTER TRAINING FACILITY ADVISORY BOARD Fire Chief Donnie Hall presented the request for the Board's consideration to appoint new members to the Public Safety Center Training Facility Advisory Board. On March 14, 2005 the Board approved a jointly funded Public Safety Training Facility with the City of Wilmington and Cape Fear Community College. Since its approval, representatives from each agency have established an Interlocal Agreement that addresses the management and operation of the center. The agreement includes the appointment of rivo representatives from County staff to seine on the Public Safety Training Center's Advisory Board. On September 19, 2005 the Board-approved appointments were Assistant County Manager Dave Weaver and County Fire Chief Donnie Hall. At this time, staff is requesting the Board approve the appointment of Deputy Chief of Operations Cliff Robinson to replace Dave Weaver and Training Captain Michael Pinson to replace Chief Donnie Hall for Fire Sei ices. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Catlin, to approve the appointment of Deputy Chief of Operations Cliff Robinson and Training Captain Michael Pinson to the Public Safety Center Training Facility Advisory Board as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority(WAVE Transit) Chairman Davis reported that a vacancy exist on the Cape Fear Public Transportation Authority with one applicant eligible for reappointment and one new application having been received and requested nominations from the Board. Vice-Chairman Barfield nominated Don Betz for reappointment. The nomination was seconded by Commissioner Catlin. Hearing no further nominations, Chairman Davis closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Don Betz to seine a three-year term on the Cape Fear Public Transportation Authority with the term to expire on December 31,2014. Appointments to the New Hanover County Board of Health Chairman Davis reported that three vacancies exist on the Board of Health with one applicant eligible for reappointment in the Professional Engineering Category and three new applications having been received and requested nominations from the Board. The other vacancies exist in the At-Large/General Public Category and the Dentist Category. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 313 Vice-Chairman Barfield nominated Linda Robbins-Candy for appointment. The nomination was seconded by Commissioner Berger. Chairman Davis nominated Dr. Robert J. Schiffel for appointment. The nomination was seconded by Commissioner Catlin. Chairman Davis nominated Karen Valiquett for reappointment. The nomination was seconded by Commissioner Berger. Hearing no further nominations, Chairman Davis closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to appoint Linda Robbins-Candy to seine a three-year term on the Board of Health in the At-Large/General Public Category with the term to expire on December 31,2014. Vote Results: The Board voted UNANIMOUSLY to appoint Dr. Robert J. Schiffel to seine a three-year term on the Board of Health in the Dentist Category with the term to expire on December 31,2014. Vote Results: The Board voted UNANIMOUSLY to reappoint Karen Valiquett to seine a three-year term on the Board of Health with the term to expire on December 31, 2014. Appointments to the Nursing Home Community Advisory Committee Chairman Davis reported that up to six vacancies exist on the Nursing Home Community Advisory Committee with one applicant eligible for reappointment and rivo new applications have been submitted for the Board's consideration and requested nominations from the Board. Commissioner Catlin nominated Glenn L Burdick for reappointment and nominated Holli Blackwelder and Dorothy L. Grim for appointment. The nomination was seconded by Commissioner Berger. Hearing no further nominations, Chairman Davis called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Glenn L Birdock to seine a three-year term on the Nursing Home Community Advismy Committee with the term to expire on December 31,2014. Vote Results: The Board voted UNANIMOUSLY to appoint Holli Blackwelder and Dorothy L. Grim to seine one- year terms on the Nursing Home Community Advisory Committee with the terms to expire on December 31, 2012. Appointments to the New Hanover County Tourism Development Authority Chairman Davis reported that up to three vacancies exist on the Tourism Development Authority with one applicant eligible for reappointment in the Wilmington Hotel Manager/Owner with Fewer Than 150 Rooms Category and one applicant eligible for reappointment in the Wilmington Hotel Manager/Owner with More Than 150 Rooms Category and requested nominations from the Board. Vice-Chairman Barfield nominated Frank M. Jones for reappointment in the Wilmington Hotel Manager/Owner with Fewer Than 150 Rooms Category: nominated Michael W. Keeler for reappointment in the Wilmington Hotel Manager/Owner with More Than 150 Rooms Category: and nominated Neal Johnson in the Vacation Rental Properties Owner/Manager Category. The nominations were seconded by Commissioner Thompson. Hearing no further nominations, Chairman Davis called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Frank M. Jones in the Wilmington Hotel Manager/Owner with Fewer Than 150 Rooms Category: to reappoint Michael W. Keeler in the Wilmington Hotel Manager/Owner with More than 150 Rooms Category: and appoint Neal Johnson in the Vacation Rental Properties Owner/Manager Category to seine three-year terms on the Tourism Development Authority with the terms to expire on December 31,2014. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Davis announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. ADDITIONAL AGENDA ITEMS OF BUSINESS DIRECTION TO STAFF TO REVIEW AND PROVIDE OPTIONS TO THE BOARD TO ASSIST CAPE FEAR PUBLIC UTILITY AUTHORITY CUSTOMERS IN WATER SHUT-OFF STATUS Commissioner Catlin presented the request for the Board's consideration to assist customers with their Cape Fear Public Utility Authority water bills who are in shut-off status: this is a public health issue and is affecting approximately 350 customers. This would be a one-time solution and would not solve the problem of customers who have an ongoing problem paying their bill. The cost of providing water and sewer infrastructure is regulated by the Environmental Protection Agency and State, which are in place to protect public health, and the unintended NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 19,2011 PAGE 314 tragedy is the increase in costs. The Authority has agreed to waive the administrative fees for a one-time assistance: if it becomes an on-going program Authority Board approval would be necessary. He requested that staff be directed to: 1) confirm the significance of this problem and who is being affected: 2) describe clearly what assistance used to be offered by the City and County prior to the formation of the Authority and educate the Board on what existing taxes in the past were approved by the voters for water and sewer infrastructure; and 3) outline specific suggestions on how to fairly administer the assistance program with recommendations brought back to the Board for consideration by the second meeting in Januaiv 2012. County Manager Bruce Shell clarified that in the past, the Board has allocated general fiord sales tax for this purpose. The Commissioners held a brief discussion voicing their support of assisting people on a one-time basis with the need to have the proper regulatory policies in place so no one can take undo advantage of the assistance and assess how many- of the households are located within the City to seek their assistance also. The consensus of the Board was to agree with Commissioner Catlin's direction to staff. CORRESPONDENCE RECEIVED FROM THE OFFICE OF THE GOVERNOR SOLICITING NOMINATIONS FOR APPOINTMENTS TO FILL TWO VACANCIES ON THE COASTAL RESOURCES COMMISSION Chairman Davis reported that the Board has received a letter from Governor Beverly Perdue advising that rivo vacancies on the Coastal Resources Commission exist and soliciting nominations for appointments to fill these vacancies. The deadline to complete the nomination form and return it is January 15, 2012. Please bring any recommendations forward before the deadline. ADOPTION OF RESOLUTION REQUESTING THE WILMINGTON CITY COUNCIL TO DELAY ITS DECISION ON THE VOLUNTARY ANNEXATION REQUEST BY BAYSHORE ESTATES, INC. AMBERLEIGH SHORES APARTMENT COMPLEX Chairman Davis presented the request for the Board's consideration to adopt the resolution requesting the Wilmington City Council, in the spirit of cooperation, to delay its decision on the voluntary annexation request by Bayshore Estates, Inc. Amberleigh Shores apartment complex. The Board of Commissioners denied the high- density development request by the developer in March 2011. Chairman Davis reported that as directed by the Board he did make contact with Mayor Saffo requesting he speak with the City Council with the results being reported back to him that the City Council intends to proceed with the public hearing and consideration of the voluntary annexation request at their meeting on January 3, 2012. No mention was made about arranging a meeting between the Board and Council. Vice-Chairman Barfield read the resolution into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the resolution requesting the Wilmington City Council, in the spirit of cooperation, to delay its decision on the voluntary annexation request by Bayshore Estates, Inc. Amberleigh Shores (Flournoy Development). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 22.8. ADJOURNMENT There being no firrther business, Chairman Davis adjourned the meeting at 10:50 a.m. Respectfirlly submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com HC'Live or innr.nhcgov.com pages.BOC%aspy