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2008-10-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 478 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 20, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Steve Hein, St. Andrews-Covenant Presbyterian Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes ? Governing Body The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on October 2, 2008 Regular Session meeting held on October 6, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted a North Carolina Department of Transportation State Road Resolution supporting the addition of Quail Woods Road and Forest Bend Lane in the Carrington Woods Subdivision (Division File No. 1128-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 22.1. Approval of Board Meeting Calendar for 2009 The Commissioners approved the Board meeting calendar for 2009. A copy of the calendar is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 22.2. Authorization to Submit Grant Applications to the North Carolina Department of Insurance Senior Health Insurance Information Program and Champion McDowell Charitable Foundation ? Department of Aging The Commissioners authorized the Department of Aging to submit grant applications to the North Carolina Department of Insurance, Senior Health Insurance Information Program, in the amount of $10,000 and to the Champion McDowell Charitable Foundation in the amount of $7,800. If awarded, the funds will be used for operating costs for the Prescription Drug Assistance Program from December 1, 2008 to November 30, 2009. No local match is required. Acceptance of Additional Juvenile Crime Prevention Council Funds and Adoption of Budget Ordinance Amendment 09-065 ? Juvenile Services The Commissioners, on behalf of Juvenile Services, accepted additional Juvenile Crime Prevention Council funds in the amount of $12,527 and adopted Budget Ordinance Amendment 09-065. The General Assembly included a $500,000 expansion of Juvenile Crime Prevention Council funds in the state budget for FY 08-09. The additional funding to New Hanover County is $12,527, bringing the County's total allocation to $456,152. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 22.3. Adoption of Resolution Approving the Disposal of Surplus Property ? Finance Department The Commissioners, in accordance with General Statutes Article 12, Chapter 160A-270(c), adopted the resolution approving the disposal of surplus property. Staff proposes to utilize the services of GovDeals, an online Internet based provider servicing government entities. If items do not sell using this electronic auction service, staff proposes to dispose of the property by any other method authorized by the Statutes including discarding. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 22.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 479 Authorization to Submit a Grant Application to Lowe's Heroes ? Fire Services The Commissioners authorized Fire Services to submit a grant application to Lowe?s Heroes requesting assistance with the County?s 2008 Fire Expo to be held in October 2008 at Independence Mall. This is the collaborative effort of all fire services in the community to provide education during fire prevention month. No local match is required. Confirmation of North Carolina Firemen's Relief Fund Trustee Appointments ? Fire Services The Commissioners, in accordance with NC General Statutes 58-84-30, confirmed the following appointments to the Local Fireman's Relief Fund Board: ? New Hanover County Station 51 - 3805 North Highway 421 Avril Pinder and Andre' Mallette ? Castle Hayne Volunteer Fire Department - 5311 Castle Hayne Road Ed Vosnock and Winifield Smith ? Myrtle Grove Volunteer Fire Department - 5636 Carolina Beach Road George Kennedy and Lou Mattes ? Ogden Volunteer Fire Department - 7375 Market Street and 907 Porters Neck Road Walton Koonce and H. Lee Chewning ? Wrightsboro Volunteer Fire Department - 3515 North Kerr Avenue Edward Cavenaugh and Peggy Phillips ? Federal Point Volunteer Fire Department - 9815 River Road Michael Puritis and Thomas Robinson, Sr. The trustees have been recommended by the Fire Chief of each New Hanover County Fire Station and are responsible for the funds collected by the State Department of Insurance, Office of the State Fire Marshal. Funds are allocated to the fire districts based on the collection formula as prescribed by the General Statutes. Purposes for fund distribution include, but are not limited to, firefighter financial loss due to illness or injury, a destitute member, retirement supplement, or to provide educational benefits. Adoption of Resolution Awarding Contract to VSS for an Enterprise Backup Solution ? Information Technology Department The Commissioners adopted the resolution awarding the contract for an Enterprise Backup Solution to VSS in the amount of $184,574 for a turn-key, functionally complete, cost-effective, and integrated enterprise backup solution with a single source of support for the complete solution. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 22.5. Acceptance of Department of Homeland Security Grant Award for the Local Explosives Ordinance Disposal Team ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the Department of Homeland Security for the enhancement of the Explosive Ordinance Disposal team. Thirteen local Explosives Ordinance Teams have been identified to share funding in the amount of $1,613,000. The local award amount will be determined after the needs assessment of each of the thirteen Explosives Ordinance Disposal teams is completed. No local match is required. Authorization to Submit a Grant Application to the North Carolina Governor's Highway Safety Program ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the North Carolina Governor?s Highway Safety program for an Information Technology Project in the amount of $16,380. If awarded, the funds will be used for ten laptops, ten printers and related software allowing deputies to submit citations electronically versus writing them by hand. The total cost of the project is $21,840 with a local match of $5,460 from the General Fund/Contingency Fund. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 22.6. Adoption of Resolution Accepting a Pressure Washer, Trailer, and Water Tank for Graffiti Removalfrom Wilmington Health Access for Teens and Adoption of Budget Ordinance Amendment 09-058 ? Sheriff?s Office The Commissioners adopted the resolution accepting a pressure washer, trailer, and 155-gallon water tank for graffiti removal for use by the Sheriff?s Office from Wilmington Health Access for Teens and adopted Budget Ordinance Amendment 09-058. The current fair market value of the equipment is $2,153. Copies of the resolution and budget ordinance amendment are hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 22.7. Approval of Release of Tax Value ? Tax Department The Commissioners approved the requests from the following taxpayers for the Senior Citizen/Disability Exclusion: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 480 Abegg, Frances H. $ 81,279 Allen, Margaret 27,290 Atkinson, Gracie Ann 111,235 Barr, Ralph James 116,497 Bullard, Eva R. 73,344 Craig, Okadelia 60,329 Croom, Robert V. Etux. 63,518 Fennell, Hattie R. 49,834 Gillis, Margaret Craig Life Estate 104,472 King, Guy Harless Jr. Nicole 70,390 Phipps, Betty T. 75,520 Rhodes, Gertrude G. Etal. 53,537 Smith, Lucy H. 58,070 Williamson, Hosea P. Jr. Etux. 85,841 Approval of Release of Taxes Barred for 1997 ? Tax Department The Commissioners, in accordance with North Carolina General Statute 105-378, released charges of taxes barred for 1997. Adoption of Resolution Authorizing a Gross Receipts Tax on Heavy Equipment ? Tax Department The Commissioners, in accordance with North Carolina General Statute 153A-156.1, adopted the resolution authorizing the County to impose a tax at the rate of one and two-tenths percent (1.2%) on the gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is the short- term lease or rental of heavy equipment at retail. This tax is in lieu of property taxes on heavy equipment. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 22.8. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 09-051 - Aging 09-061 - Department of Social Services 09-043 - Department of Social Services 09-062 - Health 09-052 - Sheriff's Office 09-053 - Sheriff's Office 09-054 - Sheriff's Office 09-055 - Sheriff's Office 2009-19 - Sheriff's Office 2009-20 - Finance/Planning Copies of the budget ordinance amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXI, Page 22.9. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Kimberly Johnston, Information Technology Stephen Malpass, Parks Department Courtney Padgett, Fire Services Patricia Roberts, Inspections Department Ten Year: Regina Anderson, Department of Social Services Wayne Chestnut, Fire Services Jerry Garrett, Fire Services Henry Montgomery, Tax Department Willie Murray, Fire Services Malcolm Smith, Fire Services Fifteen Year: Cheryl Mote, Department of Social Services Twenty-Five Year: Vonzella Jones, Sheriff?s Office On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their years of dedicated service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 481 RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Michelle Amundsen, Health Department Harold Andrews, Property Management Amanda Cliffe, Health Department Kathy Hudson, Department of Social Services Jeffrey Niebauer, Tax Department Robert Tinsley, Department of Social Services Nicole Zimmer, Department of Social Services On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. CONSIDERATION OF REQUEST BY WILMINGTON DOWNTOWN, INC. TO THE NORTH CAROLINA ALCOHOL BEVERAGE CONTROL COMMISSION John Hinnant, Executive Director of Wilmington Downtown, Inc., presented the following request reporting that the City of Wilmington has adopted a resolution to support the following: ? Submit a letter of support to the Alcohol Beverage Control Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule statewide. ? Submit a letter of support to the Alcohol Beverage Control Commission requesting the fee structure be revised for Liquor by the Drink retailers and empower local law enforcement to assist Alcohol Law Enforcement officers. In response to Board questions, Mr. Hinnant, clarified that the North Carolina Alcohol Beverage Control Commission would need to adopt a new membership provision allowing instant membership, thereby eliminating the three day wait rule statewide. There are approximately 65 alcohol licenses issued to establishments in a six- block area in downtown Wilmington with approximately half of those licensed to private clubs. With the three-day wait rule in place, many visitors are unable to enter the private club establishments. This is more of an economic development problem. Potentially, by eliminating the three-day wait rule, more visitors will be served. At the Board?s September 22, 2008 meeting the Board voted unanimously to table the request until after the Beach communities had time to consider the request. Kure Beach, Carolina Beach and Wrightsville Beach have adopted resolutions to support the elimination of the three-day wait rule only. Chairman Greer requested direction from the Board. The Board held a discussion voicing concerns that this is an enforcement issue and changing the membership provision is not the answer. Funding for additional law enforcement is needed to oversee that the membership provision is being fairly enforced and members of the military are not being discriminated against. Visitors to the area are free to utilize other establishments that are not private clubs. Motion: Vice-Chairman Caster MOVED to adopt the resolution requesting the Alcohol Beverage Control Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule and to revise the fee structure for Liquor by the Drink retailers and empower local law enforcement to assist Alcohol Law Enforcement officers. NO SECOND was received, the MOTION FAILED. PUBLIC HEARING REGARDING THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 Chairman Greer reported that the Board is required to conduct a Public Hearing regarding the issuance by the County of its hospital revenue bonds in an aggregate principal amount not exceeding $40,000,000 to finance costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction of a women?s and children?s pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment. New Hanover Regional Medical Center is operated by the hospital corporation and owned by New Hanover County. A notice of the public hearing has been published in the Wilmington Star-News on a date at least 14 days prior to the date of the public hearing. An affidavit showing such publication will be attached to the extract of minutes as Exhibit A. Chairman Greer requested a motion to hold a Public Hearing on the issuance of hospital revenue bonds to finance the improvements. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to hold a Public Hearing on the issuance of hospital revenue bonds to finance the improvements. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing and stated that the Board will hear anyone who wishes to be heard on the advisability of financing the hospital improvements and the issuance of hospital revenue bonds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 482 Hearing no comments, Chairman Greer requested a motion to close the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NEW HANOVER COUNTY VARIABLE RATE HOSPITAL REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 Finance Director Avril Pinder reported that for the Board?s consideration is a Series Resolution providing for the issuance of the County's Hospital Revenue Bonds in the aggregate principal amount not to exceed $40,000,000. Chairman Greer stated that for the Board?s consideration is a series resolution entitled Series Resolution Authorizing and Approving the Issuance and Sale of $20,000,000 Aggregate Principal Amount of the County of New Hanover Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 2008A and $20,000,000 Aggregate Principal Amount of the County of New Hanover Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 2008B to provide funds to acquire, construct and equip improvements to the health care facility owned by the County, and authorizing and approving a Bond Purchase Agreement, a Standby Bond Purchase Agreement, the Official Statement, a Fifth Amendment to the Lease Agreement, a Credit Facility, the Remarketing Agreements, and providing for other matters in connection therewith. The Series Resolution delegates to the County Manager the authority to determine certain terms of the Bonds subject to limitations set forth in the Series Resolution. Chairman Greer requested a motion to adopt the Series Resolution. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the Series Resolution authorizing and approving the issuance and sale of the New Hanover County Variable Rate Hospital Revenue Bonds in the aggregate principal amount not to exceed $40,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover Regional Medical Center Chief Finance Officer, Ed Ollie thanked the Board for their consideration and support. In response to Board questions, he confirmed that the related debt service will be paid from receipts received by New Hanover Regional Medical Center. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 23. HIGHWAY 17 ASSOCIATION UPDATE Marc Finlayson, Executive Director of the Highway 17 Association, presented for the Board?s review and consideration an impact study done in collaboration with East Carolina University. The study shows that given the state of the economy, an investment in road building is even more important as an economic stimulus. Mr. Finlayson presented the following update on local area road projects: ? The Wilmington bypass, which is a $526 million project, still has $81.2 million unfunded in the latest version of the Transportation Improvement Plan. ? The cost of building roads is rising at a dramatic rate far exceeding the inflation rate. ? The Hampstead bypass, which is a $152 million project, still has $147.8 million unfunded in the latest version of the Transportation Improvement Plan. ? The Highway 17 Association continues to work with the State and stakeholders to identify funding for these projects. He continued reporting that he anticipates the General Assembly will be faced with the following transportation issues: ? The needs are great with a $65 billion gap in funding. ? The 21st Century Transportation Committee will continue to make recommendations to the General Assembly. ? A minimum of a $2 billion bond issue will likely be considered. ? Funding options to service the bonds will need to be explored. ? More local authority will be given for transportation projects. The General Assembly may require counties to be responsible for secondary roads. It is unknown if funding options will be provided along with the responsibility. ? A long-term sustainable revenue source, such as a miles-traveled tax, will need to be identified to replace the declining fuel tax revenue source. ? The Federal Transportation Act will expire next year and a revenue source will need to be identified to replace these funds. The State is expecting $300 million less in Federal funding than in previous years. On behalf of the Board, Chairman Greer thanked Mr. Finlayson for the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 483 BREAK: Chairman Greer called for a break from 9:52 a.m. until 10:06 a.m. ADOPTION OF RESOLUTION IMPLEMENTING THE NEW HANOVER COUNTY IDENTITY THEFT PREVENTION PROGRAM Finance Director Avril Pinder reported that in order to be in compliance with the Red Flags Rule Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina General Statute 75-60 Identity Theft Protection Act, North Carolina General Statute 14-113.20 Identity Theft, North Carolina General Statute 132-1.10 of the Public Records Act, the County is required to implement an Identity Theft Prevention Program by November 1, 2008. The program provides for the safeguarding of certain information of customers, vendors, employees, and other individuals who provide information to the County that is covered by the Act. A resolution has been drafted for the Board?s consideration. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to adopt the New Hanover County Identity Theft Prevention Program and resolution.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 XXXI, Page 22.10. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No comments were received. ADDITIONAL ITEMS BUDGET UPDATE County Manager Bruce Shell presented a budget update reporting that a memo has been sent to Department Heads asking for their help in reducing expenditures in order for the County to face the worsening economic situation. Most of the monies the County spends are mandated by the State. Effective Thursday, October 16, 2008, a hiring freeze was put in place until further notice. Travel and training based upon essentiality will be limited. A Department Head meeting is scheduled for Tuesday, October 21, 2008, where specific plans to reduce the budget by cutting expenditures will be discussed. He stated that he will continue to keep the Board informed. DISCUSSION CONCERNING BILLING PROBLEMS AT CAPE FEAR PUBLIC UTILITY AUTHORITY Commissioner Kopp stated that he supported the Water and Sewer consolidation and still believes it will benefit the citizens, but he is concerned about the problems that have been encountered with the billing and water rates. The four elected officials that are members of the Authority Board have been silent when trying to explain to the citizens what is going on and why the rates for some are higher than for the same period last year. There needs to be better communication to the citizens. He stated that he will not be bringing a resolution forward addressing the billing of water rates but encouraged the Authority to address and solve the internal problems that they have had to date. Commissioner Davis stated that he also was in favor of the consolidation with the goal that the water and sewer systems would run more efficiently and be more cost effective. He voiced concern about how this will affect future consolidation efforts. He encouraged the Authority to quickly address the problems and get things on the right track. Chairman Greer reported that as a member of the Authority Board he knows that staff is working hard to address the billing issues. The objective is not to build wealth for the Authority but to have enough money to fund the necessary infrastructure needs and develop a more efficient system. The new fees are in place to encourage water conservation. He apologized to the citizens for the problems that are going on and requested that residents be patient and work with the Authority. Vice-Chairman Caster stated that it has been a very complicated process to bring the two billing systems together. The end goal for the consolidation was, and is, a more efficient system to take us into the future. CLOSED SESSION RESCHEDULED Chairman Greer announced that the Closed Session to conduct annual performance evaluations for the County Attorney, Clerk to the Board and County Manager has been rescheduled for the Board?s November 10, 2008 . meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 20, 2008 PAGE 484 ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:25 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board