2009-01-20 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 522
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 20, 2009,
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 Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner
Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda
M. Copley; Deputy Clerk to the Board Teresa P. Elmore; and County Manager Bruce T. Shell.
Chairman Davis called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Human Relations Director Carl Byrd, Sr. gave the invocation.
Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes Governing Body
The Commissioners approved the minutes from the Regular Session meeting held on January 5, 2009 as
presented by the Clerk to the Board.
Appointment of Commissioner Jonathan Barfield, Jr. to the Smart Start of New Hanover County Board of
Directors Governing Body
The Commissioners appointed Commissioner Jonathan Barfield, Jr. to the Smart Start of New Hanover
County Board of Directors.
Authorization to Execute Right-of-Way Deed to the North Carolina Department of Transportation Legal
Department
The Commissioners, at the request of the North Carolina Department of Transportation, authorized
execution of the road right-of-way deed for a portion of property owned jointly by New Hanover County and Ogden
Volunteer Fire Department for construction of a roundabout at the intersection of Porters Neck Road and Edgewater
Club Road. Based on a 2000 deed the County is 20.5% co-owner of the fire station. The State proceeds in the
amount of $18,825 will be paid to Ogden Volunteer Fire Department, with the stipulation that the proceeds be used
toward building maintenance.
A copy of the deed is on file for review in the Legal Department.
Approval of Request by Leading into New Communities, Inc. Authorizing New Hanover County to Act as the
Applicant Agency to Submit a Grant Application to the Governor's Crime Commission County Managers
Office
The Commissioners, at the request of Frankie Roberts, Executive Director of Leading into New
Communities, Inc., authorized New Hanover County to participate as the applicant agency for a grant application to
be submitted to the Governors Crime Commission for the New Workforce Program. If awarded, the funds will be
used to support the successful reentry of ex-offenders to the community from prison. No County match is required.
Authorization to Submit a Grant Application to the North Carolina Healthy Start Foundation to Fund
Womens Health Services Health Department
The Commissioners authorized the Health Department to submit a grant application to the North Carolina
Healthy Start Foundation to fund Womens Health Services in the amount of $3,000. If awarded, the funds will be
used to purchase multi-vitamins containing folic acid to distribute to low-income women of child-bearing years. No
County match is required.
Approval of Release of Tax Value Tax Department
The Commissioners granted the Senior Citizen/Disability Exclusion to the taxpayers as presented.
A copy of the Senior Citizen/Disability Exclusion list is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXXII, Page 2.1.
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2009:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 523
09 - 116 - Aging
09 - 120 - Aging
09 - 122 - Library
09 - 126 - Sheriff's Office
2009 - 41 - Sheriff's Office
2009 - 42 - Sheriff's Office
2009 - 36 - Finance
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXII, Page 2.2.
REGULAR ITEMS OF BUSINESS
PRESENTATION ON INSURANCE RATE INCREASE
Robert L. "Bobby" Outten, Dare County's Attorney and Assistant County Manager reported that the North
Carolina Department of Insurance has notified North Carolina counties of insurance rate changes exacting a
significant increase on coastal counties. He reported the following:
·
The North Carolina Commissioner of Insurance approved changes to the North Carolina Insurance
Underwriting Association (NCIUA/Beach Plan), and North Carolina Joint Underwriters
Association (NCJUA/Fair Plan), that affects residential and commercial policyholders in 18
coastal counties.
·
Dare County, Town of Nags Head, Starco Realty & Construction, Inc. and Joseph M. Geraghty
filed a lawsuit alleging the Commissioners actions were not proper because there should have
been a public hearing prior to approval and justification for changes were inadequate and
discriminatory.
·
Dare County has approached the 18 counties affected by the surcharge/deductible changes to join
the lawsuit and to help fund the legal action. The anticipated contribution request is $10,000.
·
Another lawsuit may be filed due to rate changes requested by the N.C. Rate Bureau. They
requested a statewide increase of 19.5%; however, the Insurance Commissioner approved an
overall increase of 4.5%.
·
Generally, coastal counties received a rate increase (New Hanover County 29.8% for main land
areas and 17.5% on the beaches) and western counties received a rate reduction (i.e. Mecklenburg
-6%).
·
NCJUA-Fair Plan has requested a 2% windstorm/hail deductible for residential and commercial
policies with a $1,000 minimum.
·
Both entities were established by the General Assembly as organizations that provide last resort
insurance. The NCIUA/Beach Plan is limited to the barrier islands and 18 coastal counties. The
NCJUA/FAIR Plan is for all counties, excluding the barrier islands. The NCIUA and NCJUA are
not a facility of the State, but are subject to review by the N.C. Commissioner of Insurance.
Mr. Outten responded to questions from the Board and requested New Hanover County join the lawsuit and
contribute $10,000 for the attorney fees. He said that when the lawsuit is resolved, each County or participant in the
lawsuit will be refunded a pro-rated amount of funds based on its contribution.
The Commissioners discussed the devastating impact the increase insurance rates and deductibles would
have on homeowners in the county and agreed that New Hanover County should be a part of the lawsuit to challenge
the unfair rate increases on coastal counties.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to join the Dare County lawsuit
against the North Carolina Department of Insurance and Insurance Commissioner and make the one-time
contribution of $10,000.00 to the Williams Mullen Law Firm. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Mr. Outten requested the Board to authorize Staff sign the multiple-party litigation contract with William
Mullen Law Firm on behalf of New Hanover County.
Consensus
: The Commissioners directed County Attorney Copley to sign the legal documents authorizing New
Hanover County to be a party in the lawsuit.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS
County Manager Shell requested the following retired employees to step forward to receive retirement
plaque:
Jerry Campbell, Parks Department 13 Years of Service
David Paynter, Library 25 Years of Service
On behalf of the Board, Chairman Davis expressed appreciation and thanked them for their dedicated years
of service.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 524
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager Shell requested the following employees to step forward to receive service awards:
Five Year: Angelina Bernard, Department of Social Services
Ten Year: Jennifer Smith, Fire Services
Donald Warnick, Sheriffs Office
Fifteen Year: John Hubbard, Environmental Management
Twenty-Five Year: Annette Crumpton, Department of Aging
Jean Wall, Department of Social Services
On behalf of the Board, Chairman Davis 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 employees for November and December to stand and
be introduced:
Carol Bryant, Department of Social Services
Mary Tucker, Department of Social Services
Erin Morrissette, Health Department
On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished
them success in their new positions.
ADOPTION OF RESOLUTION CREATING A SPECIAL BOARD OF EQUALIZATION AND REVIEW
Vice-Chairman Thompson presented two proposed resolutions to the Board that establishes a Special Board
of Equalization and Review (E&R) as outlined in North Carolina General Statute 105-322.
Vice-Chairman Thompson stated that after attending his first meeting of the Board of E&R and reading the
general statutes that apply to these boards, he believed that a special board of E&R would best serve the property
owners in New Hanover County. He was concerned with the perception by the public that reductions in value were
given based on politics since he knew of several people who were appealing property values and they may have
contributed to his political campaign.
Commissioner Barfield, as co-sponsor of the resolution, agreed that appraisers, real estate agents, mortgage
brokers, and others who deal with real estate values would be better qualified to hear the appeals and determine the
correct property values. He supported the appointment of a Special Board of E&R in New Hanover County, as it is
done in 57 counties throughout the State.
The Commissioners discussed whether to appoint a five member (with two alternates) board with a specific
membership based on five categories or to appoint a three member (plus alternates) Board of Equalization and
Review of general unspecified membership. It was agreed to proceed on a volunteer basis instead of having a paid
board.
Chairman Davis requested direction from the Board.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to adopt the revised
resolution creating a Special Board of Equalization and Review with a five member board with specific membership
when possible based on the five categories listed in the resolution. Upon vote, the MOTION CARRIED 3 to 2.
Commissioner Caster and Commissioner Greer voted in opposition.
Chairman Davis directed the Clerk to the Board to publish announcements seeking applications for the
Special Board of Equalization and Review.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 2.3.
ADOPTION OF RESOLUTION SUPPORTING WILMINGTON DOWNTOWN, INCS REQUEST TO
THE NORTH CAROLINA ALCOHOL BEVERAGE CONTROL COMMISSION TO ELIMINATE THE
THREE-DAY WAIT RULE FOR PRIVATE BAR MEMBERSHIPS
Commissioner Caster reported that on September 2, 2008, the Board of Commissioners received copies of
letters written by John Hinnant, Executive Director of Wilmington Downtown, Inc. (WDI), requesting the North
Carolina Alcohol Beverage Control Commission to adopt an instant membership and eliminate the three-day wait
rule. Furthermore, WDI requested the County adopt a resolution in support of their request to the North Carolina
Alcohol Beverage Control Commission.
At the September 22, 2008 meeting, the Commissioners voted unanimously to table the request until the
Beach communities had considered the request. Since that time, the City of Wilmington, Carolina Beach, Kure
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 525
Beach, and Wrightsville Beach have adopted resolutions in support of eliminating the three-day wait rule. At the
Regular Meeting of October 20, 2008, he presented a resolution in support of eliminating the three-day wait rule,
revising the fee structure for liquor-by-the-drink retailers, and empowering local law enforcement to assist Alcohol
Law Enforcement officers; however, the motion failed for lack of a second.
Commissioner Caster requested the Board to adopt a resolution in support of an instant membership policy
and eliminating the three-day wait rule. Some discussion was held on the negative impact the rule has on tourism
and the economy.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution
requesting the North Carolina Alcohol Beverage Control Commission adopt an instant membership policy and
eliminate the three-day wait rule from its regulations. Upon vote, the MOTION CARRIED 4 to 1. Commissioner
Greer voted in opposition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 2.4.
ADOPTION OF ORDINANCE PROHIBITING SOLICITATIONS
Commissioner Caster reported that he requested staff to review the issue of prohibiting solicitations within
the unincorporated area of the County. The draft ordinance for the Boards consideration prohibits solicitations
within streets and rights-of-way, on private property where solicitation is posted as prohibited, and any solicitation
conducted in an aggressive or intimidating manner. The General Statutes and general police powers authorize
counties to enact laws curtailing solicitation. A unanimous vote is required for an ordinance to be adopted at the
first reading.
County Attorney Copley clarified that the proposed ordinance does have legal precedence and would
address safety concerns yet allow charitable organizations to solicit in front of a private business when permission
from the owner has been obtained. The proposed ordinance would provide a proper tool for the Sheriffs Office to
enforce.
In response to the Boards questions about the arrest and incarceration of violators, Sheriff Sid Causey
responded that the Sheriffs Office has received several complaints on the panhandling in the Monkey Junction area
and there is proof of organized groups taking advantage of shoppers in the area. Some even represent themselves as
disabled veterans when they are not. He explained that the court system works with the Sheriffs Office to handle
the violators the same day as they are arrested in order to avoid the costs of incarceration.
Attorney Copley advised that any violation of the ordinance is considered a misdemeanor and punishable
by a fine of $50 or 30 days in prison.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the ordinance
prohibiting begging or soliciting as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book
XXXII, Page 2.5.
BREAK:
Chairman Davis called a break from 10:20 a.m. to 10:35 a.m.
AUTHORIZATION TO SUBMIT A GRANT PRE-APPLICATION WITH THE CITY OF WILMINGTON
TO THE NORTH CAROLINA GOVERNORS CRIME COMMISSION FOR 2009 FUNDING
Sheriff Sid Causey presented the request for the County to partner with the City of Wilmington to submit a
grant pre-application to the Governors Crime Commission for consideration in the 2009 funding cycle. Other
project partners are the Community Boys and Girls Club and Leading into New Communities. The City of
Wilmington would serve as the lead agency for the grant.
The total combined funding request is in the amount of $499,604. The County and City portions will be
$220,302 each with a local match of $31,225 each. If awarded, the funds will be used for salary and fringe benefits
for three detective positions for one year in the amount of $198,222; operating costs for three laptop computers and
printers in the amount of $22,080; vehicle computer mounts in the amount of $6,750; i2 analytical software in the
amount of $12,330; and training in the amount of $3,000. The Sheriff requests that General Fund Contingency
funds be used for the Countys local match requirement.
Following are the proposed detective responsibilities:
·
One position will work to identify person(s) involved with gang and violent crime activity through the
use of referrals and analytical software that is not currently in place. This person will also work
towards the end-result tracking at the conclusion of the programs in which they have participated. The
position will require the purchase of Analytical Software.
·
One position will work primarily with Juvenile Offenders of the 14-15 year-old group.
·
One position will supplement the current staff in the area of suppression.
Staff is requesting the Board authorize the Sheriff's Office to submit a grant pre-application in partnership
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 526
with the City of Wilmington to the Governors Crime Commission, execute the Memorandum of Understanding,
and accept the grant funds if awarded.
After brief discussion, Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to authorize the Sheriff's
Office to submit a grant pre-application with the City of Wilmington to the Governors Crime Commission, execute
the Memorandum of Understanding, and accept the grant funds if awarded. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Memorandum of Understanding is available for review in the Legal Department.
POSTPONEMENT OF 2008 ANNUAL REPORT FOR THE FIFTH DISTRICT DIVISION OF
COMMUNITY CORRECTIONS
County Manager Shell reported that Jean Walker, Judicial District Manager, was not present to give the
2008 Annual Report for the Fifth District Division of Community Corrections. The court system was closed due to
the inclement weather.
PRESENTATION AND RECOMMENDATION BY THE SOLID WASTE ADVISORY BOARD
Claud "Buck" O'Shields, Jr., Solid Waste Advisory Board Chairman reported that on August 4, 2008, the
New Hanover County Board of Commissioners established a five-person committee to be known as the Solid Waste
Advisory Board with each Commissioner appointing one person. He introduced members Bob Mitchell (Vice
Chairman), Martin Michaelson, John Newton, and David Sims.
The Solid Waste Advisory Board was charged with the task to review and examine all pertinent
information within the context of environmental and economic consequences and to present the Board of
Commissioners with a recommendation regarding how to best manage the Countys solid waste. The board
conducted thirteen meetings and is now ready to present its recommendations to the Board of Commissioners.
Mr. OShields presented the following conclusions and recommendation:
·
Current Operations Conclusions
·
Current tipping fee does not reflect economic reality of operations
·
WASTEC inefficiencies due to inadequate maintenance and repair budget
Operational plants must have routine maintenance
§
·
WASTEC offers effective vehicle to extend landfill life
·
WASTEC operations should have been treated as an enterprise fund
·
Opportunities exist to enhance future operations
Partnering with outside companies, sorting solid waste, enhancing non-tipping fee
§
revenue streams
·
Third-Party Proposal Conclusions
·
Waste Industries Transfer to Sampson County Landfill
A viable option
§
·
Waste Management - Operate NHC facility
No focus on or incentive to optimize landfill life
§
No commitment to operating WASTEC
§
Peripheral nice to do things not materially enhancing fundamental operations
§
Less specific in factual content
§
·
Republic Services No real recommendation except to hire an outside consultant to assess the
situation
·
Recommendations
·
Set the tipping fee to provide sufficient funding to:
Complete routine maintenance and repair at WASTEC
§
Keep pace with inflation/operating costs
§
Reserve for future capital needs and landfill expansion
§
·
Pursue the cascade-like scenario
$9.5 million investment in WASTEC (over 5 years)
§
Maximize flow to WASTEC, minimize to County Landfill
§
Initiate RFP process for transfer and/or disposal of waste to a third party sit
§
·
Retain WASTEC operation to maximize future solid waste management flexibility
·
Accelerate Landfill Gas Project
Maximize the capture of Renewable Energy Credits (RECs) before emission regulations
§
dictate it
·
Fast track RFP process for a waste transfer
·
Maintain a Solid Waste Advisory Board in perpetuity
Mr. OShields presented the following additional suggestions:
·
With additional increases to tipping fee (or new revenue sources):
·
Take immediate steps to purchase available land adjacent to the landfill
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 20, 2009 PAGE 527
·
Construct a mid-level construction and demolition facility
·
Give recycling a more prominent role:
Add additional collection sites
§
Explore long-term feasibility of curbside collection and recycling
§
The Commissioners discussed the need to have a better understanding of the report and recommendations
and scheduled a work session with the advisory board to be held after the Regular Board meeting and work session
on Monday, February 16, 2009 at 3:00 p.m. The Commissioners gave questions to staff and the advisory board to
respond to at the work session. The work session will be televised to keep the public informed on the issues.
On behalf of the Board, Chairman Davis thanked the Solid Waste Advisory Board for their diligent work
and study of the issues and the presentation of the comprehensive report and recommendations.
BREAK:
Chairman Davis called a break from 12:00 p.m. to 12:15 p.m. to allow time to view the swearing in
ceremony of President Barack Obama.
COMMITTEE APPOINTMENTS
Appointment to the Cape Fear Public Utility Authority
Chairman Davis reported that one vacancy needs to be filled on the Cape Fear Public Utility Authority with
eight applications having been received and requested nominations from the Board.
Commissioner Caster nominated J. C. Hearne, II. Vice-Chairman Thompson seconded the nomination.
Chairman Davis nominated William T. Steuer, Sr. Nomination failed for the lack of a second.
Vote:
Upon vote, the MOTION CARRIED UNANIMOUSLY to appoint J. C. Hearne, II, to serve an unexpired
term on the Cape Fear Public Utility Authority with the term to expire July 11, 2010.
Appointment to the Tourism Development Authority
Chairman Davis reported that one vacancy needs to be filled on the Tourism Development Authority in the
Rental Properties Owner/Manager (100 vacation rental properties) category with no new applications on file. The
current member has agreed to serve another term if the Board so desires.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Bob McKoy to
serve a three-year term on the Tourism Development Authority in the Rental Properties Owner/Manager (100
vacation rental properties) category with the term to expire December 31, 2011. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Davis 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 items were presented.
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn the meeting.
Motion:
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 12:20 p.m. and announced that the Budget Work Session will
begin at 12:45 p.m.
Respectfully submitted,
Teresa P. Elmore
Deputy Clerk to the Board