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HomeMy WebLinkAbout2009-02-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 543 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 16, 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; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE First Baptist Church Associate Pastor Jim Everette gave the invocation. Commissioner Caster 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 any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, 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 following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on January 23, 2009 Agenda Review meeting held on January 29, 2009 Board of Equalization and Review meeting held on January 30, 2009 Regular Session meeting held on February 2, 2009 Special Meeting held on February 5, 2009 Approval of First Reading for Renewal of Ambulance Franchise for Convalescent Care to Coastline Care, Inc.  Legal Department The Commissioners, at the request of Coastline Care, Inc., approved the first reading for the renewal of the existing ambulance franchise for six years from February 1, 2009 through February 1, 2015. Pursuant to Section 20- 51, the applicant has affirmed that all previously supplied information remains valid and correct, and has provided a confidential current financial statement. This issue requires two Board approvals and will be placed on the March 2, 2009 meeting agenda for final approval of the ambulance franchise award. Authorization to Submit Grant Application to the Library Services and Technology Act Basic Equipment Program - Library The Commissioners authorized the Library to submit a grant application to the Library Services and Technology Act Basic Equipment Grant program in the amount of $25,000. If awarded, the funds will be used to upgrade computer services at the Myrtle Grove Library and fund the replacement of over twenty older public access computers system-wide. The required match of 15 percent in the amount of $3,750 will be included in the FY09-10 budget process. The grant application is available for review in the County Manager's Office. Authorization to Submit Grant Application to the Library Services and Technology Act Planning Program - Library The Commissioners authorized the Library to submit a grant application to the Library Services and Technology Act Planning Program in the amount of $20,000. If awarded, the funds will be used for a consultant to update the Librarys Strategic Plan. No County match is required. The grant application is available for review in the County Manager's Office. Adoption of Resolution and Budget Ordinance Amendment 09-146 Authorizing the Exchange of Weapons  Sheriffs Office The Commissioners, pursuant to N.C.G.S. 160A-271, adopted the resolution and Budget Ordinance Amendment 09-146 authorizing the Sheriffs Office to exchange 366 - Heckler & Koch weapons and Safariland holsters for 366 - Military & Police weapons. As required, a public notice has appeared in the Wilmington Star News notifying the public of this exchange. This is an even exchange between the County and Smith & Wesson with a value of $135,420. There is no cost to the County for this exchange. A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 544 and contained in Exhibit Book XXXII, Page 4.1. Approval of Advertising of 2008 Delinquent Real Estate Taxes  Tax Department The Commissioners, pursuant to N.C.G.S. 105-369, approved the advertisement of delinquent real estate taxes in the mandated period of March 1, 2009  June 30, 2009 in the Wilmington Star News. A copy of the order is hereby incorporated as part of the minutes and contained in Exhibit Book XXXII, Page 4.2. Approval of Release of Tax Value  Tax Department The Commissioners granted the Senior Citizen/Disability Exclusion to the taxpayers as presented. Bleecker, Harvey V. $ 242,267 Cooper, William L. Donna 54,542 Herring, Aubrey C. Etux. 77,127 Lewis, Patricia Robert M. 45,648 McDowell, Walter L. 189,424 Norris, Rosemary F. 47,922 Ramirez, Ernest 130,070 Wade, Roy Jr. Evelyn 75,987 Walters, Eloise 67,505 Winter Irene Pikramenos Rev Tr 229,459 The Commissioners granted the following delinquent applications for exemption from property tax for the following organizations: Child Advocacy & Parenting Place Center, Inc. R05517-005-001-000 Church of the Servant, Episcopal Dioceses of EC R04914-002-022-000 Covil Crossing Owners Association, Inc. R04400-005-120-000 R04400-005-072-000 R04400-005-119-000 New Covenant Holiness Church R05508-003-005-000 Temple of Israel R04815-001-009-003 Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-133 - Health 09-134 - Health 09-135 - Health 09-142 - Health 09-145 - Fire Services 09-147 - Board of Elections 2009-47 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 4.3. REGULAR ITEMS OF BUSINESS INTRODUCTION OF BATTLESHIP NORTH CAROLINA DIRECTOR CAPTAIN TERRY BRAGG Commissioner Caster introducedCaptain Terry Bragg, recently retired from the United States Navy. Captain Bragg is the new director of the Battleship NORTH CAROLINA. On behalf of the Board, Chairman Davis welcomed Captain Bragg. INTRODUCTION OF AREA DIRECTOR FOR SOUTHEASTERN CENTER FOR MENTAL HEALTH FOSTER NORMAN Assistant County Manager Chris Coudriet introduced Foster Norman. Mr. Norman is the new area director of the Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services and was formerly employed in Henderson where he was director of a similar agency. On behalf of the Board, Chairman Davis welcomed Mr. Norman. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager Shell requested the following retired employees to step forward to receive their retirement plaque: Henry Chisholm, Museum  27 Years of Service Gaither H. Deitz, Jr., Inspections  33 Years of Service Johnny L. Johnson, Sheriffs Office  10 Years of Service Teresa A. Murphy, Sheriffs Office  29 Years of Service Joann Swart, DSS  34 Years of Service NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 545 On behalf of the Board, Chairman Davis expressed appreciation and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Margaret McGrath, Health Department Leslie Stanfield, Information Technology Twenty Year: Barbara Thrift, Health Department Twenty-Five Year: Dennis Bordeaux, Inspections 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: Carla Baker, Health Department Bill Ouzer, Department of Social Services On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished them success in their new positions. APPROVAL OF AMENDING THE CONTRACT WITH SOUTHEASTERN MENTAL HEALTH CENTER FOR THE RETURN OF FUNDS BEING HELD IN ESCROW BY NEW HANOVER COUNTY IN THE AMOUNT OF $2 MILLION Foster Norman, Area Director for Southeastern Mental Health Center, reported that in January, the Southeastern Center for Mental Health Area Board voted unanimously to request $2 million of the $5 million held in escrow for future facility construction by New Hanover County be returned to them. The funds are needed to pay for services in the following areas for the remainder of the current fiscal year. · Adult Mental Health · Child Mental Health · Adult Substance Abuse · Child Developmental Disabilities In respond to Board questions, Mr. Norman presented an overview of the Corrective Action Plan that has been written, implemented and submitted to the North Carolina Department of Health and Human Services to address funding issues. Based on the successful implementation of the Plan, he requested consideration from the Secretary to terminate the Departments oversight of Southeastern Center. Commissioner Barfield stated that as the Boards representative on the Southeastern Center Mental Health Area Board, after review of the relevant information, he voted in favor of approving the request to return the $2 million in funding. For clarification, Chairman Davis reported that at the request of Southeastern Center, New Hanover County has been holding in escrow, funds in the amount of $5 million for future facility construction. The existing contract states that if construction of the facility has not begun by June 2009, at the request of their Area Board, the County will return the $5 million to Southeastern Center. In response to Board questions, Mr. Norman clarified that Southeastern Center receives Federal funds funneled through the State to provide services. Southeastern Center manages the public system with the majority of services in the three-county area being provided by private providers who tap into Medicare and Medicaid funds. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to approve amending the contract with Southeastern Center for the return of funds in the amount of $2 million held in escrow by New Hanover County for facility construction. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. NEW HANOVER SOIL AND WATER CONSERVATION DISTRICT PRESENTATION Jennifer Braswell, Director of Community Conservation for the New Hanover Soil & Water Conservation District, introduced the Board members in attendance and presented an overview of the Districts 2008-2009 services, projects and accomplishments. Ms. Braswell highlighted the District's education and outreach services, the Community Conservation Assistance Program, land acquisitions, and partnerships and the District's 2009-2010 goals. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 546 ADOPTION OF RESOLUTION PETITIONING THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO PETITION THE ENVIRONMENTAL PROTECTION AGENCY TO ESTABLISH A NO DISCHARGE ZONE IN THE ESTUARIAN WATERS WITHIN NEW HANOVER COUNTY Environmental Planner Shawn Ralston reported that the Board has been requested to adopt a resolution requesting the North Carolina Department of Environment and Natural Resources to petition the Environmental Protection Agency to establish a No Discharge Zone prohibiting the discharge of treated or untreated sewage in the estuarine waters of New Hanover County. The Town Councils for Carolina Beach, Kure Beach and Wrightsville Beach have each passed resolutions petitioning the North Carolina Department of Environment and Natural Resources to establish a No Discharge Zone in the estuarine waters within their respective jurisdictions. The City of Wilmington will consider the request at their March meeting. Commissioner Caster read the resolution into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution requesting the North Carolina Department of Environment and Natural Resources to petition the Environmental Protection Agency to establish a No Discharge Zone in the estuarine waters within the estuarine waters of New Hanover County. 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 XXXII, Page 4.4. SALES TAX PRESENTATION Finance Director Avril Pinder stated that she would be sharing a PowerPoint presentation concerning the distribution of sales tax in New Hanover County and affect that the City of Wilmingtons proposed annexation will have on the allocation of funds. The General Assembly gives Counties the authority to levy sales tax and establish one of two distribution methods. · Population (Per Capita) allocates the revenues based on the number of people in the jurisdiction. · Property tax (Ad Valorem) allocates the revenues based on the tax levy of a jurisdiction. · Currently the County uses the Property Tax method with the following distribution: NHC receives 74.627% or $46,661,092 in sales tax o Carolina Beach receives 2.20% or $1,375,839 in sales tax o Kure Beach receives .825% or $515,808 in sales tax o City of Wilmington receives 21.286% or $13,209,113 in sales tax o Wrightsville Beach receives 1.24% or $663,724 in sales tax o · The effects of the proposed annexation using the current Property Tax method would result in the following differences: NHC would receive 74.03% or a decrease of $373,488 o Carolina Beach would receive 2.183% or a decrease of $11,013 o Kure Beach would receive .818% or a decrease of $4,129 o City of Wilmington would receive 21.916% or an increase of $393,942 o Wrightsville Beach would receive 1.053% or a decrease of $5,313 o Impact on sales tax for schools would be a decrease of $55,800 (included in County decrease) o Impact on sales tax for Fire Service District would be a decrease of $85,900 (included in County o decrease) Impact on property tax for Fire Service District would be a decrease of $240,000 (not included in o County decrease) In response to Board questions, Finance Director Pinder confirmed that the current sales tax distribution amount of $62,525,576 is the same figure used in the presentation to the Wilmington City Council at their meeting on February 3, 2009 and staff is comparing apples to apples. In response to Board questions, Finance Director Pinder clarified that the Wilmington City Council has unofficially requested the County change from using the property tax method to the population method, with the proposed annexation, the results would be the following differences: · NHC  a decrease of revenue on an annual basis of $7,711,584 · Carolina Beach  a decrease of revenue on an annual basis of $125,978 · Kure Beach  a decrease of revenue on an annual basis of $63,753 · City of Wilmington  an increase of revenue on an annual basis of $7,997,744 · Wrightsville Beach  a decrease of revenue on an annual basis of $96,429 Finance Director Pinder continued reporting that Counties are mandated by law to fund the following services for all New Hanover County residents: · Public schools · Community colleges · Elections NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 547 · Courts · Detention center · Public health · Social services Finance Director Pinder continued reporting that the allocation of funding is as follows: · Education  43.42% (includes Schools and Community College) · General Government  9.89% (includes Elections and Courts) · Sheriffs Office  11.04% (includes Detention Center) · Human Services  20.29% (includes Health and Department of Social Services) · Debt Service  6.82% · Public Safety  4.23% (includes 911 and Fire Services) · Economic and Physical Development  0.42% (includes Planning and Inspections) · Cultural and Recreational  3.41% (includes Parks, Airlie, Museum, and Libraries) · Transfers and Contingencies  0.48% · Other uses for sales tax funds: Medicaid Swap  the General Assembly agreed to take on all expenses for Medicaid. Counties o were required to submit a percentage of its sales tax to the State to help with the Medicaid cost. City Hold Harmless  Since cities or towns are not responsible for Medicaid, the county must o maintain the citys share of sales tax at current level of $1.6 million plus any future growth. In closing, Finance Director Pinder stated that a continued reduction in this major revenue source could result in reduced services to the citizens, an increase in the property tax rate, or implementation of alternative revenue sources such as Land Transfer Tax or additional ¼ cent sales tax. The Board held discussion concerning the effects of the proposed annexation, noting that the City of Wilmingtons unofficial request to change the sales tax distribution method from the current property tax method to the population method will result in a large increase in revenue to the City, while the County as well as Carolina Beach, Kure Beach and Wrightsville Beach, will see a significant decrease in revenue. The City and Beach Town residents could potentially be affected twice by any increase in the tax rate to deal with a change in the distribution method. Vice-Chairman Thompson reported that the Wilmington City Council has stated that if the distribution method is changed, City residents will see a decrease in their property tax rate proportionately so City residents dont take a double hit if the County raises the tax rate. Because the Commissioners are responsible to serve every citizen in the County, a change in the distribution method would not be fair and equitable. In response to Board questions, County Manager Shell clarified that if the County raises taxes and the City does not, then the city percentage of sales tax drops a small amount, but with growth in the sales tax, the number does not go down. The General Assembly has put the burden on the counties to fund the mandated services and also given the County Commissioners the decision making powers to decide which distribution method best funds the rising costs of these mandated services. If you have a city that provides some of the mandated services then perhaps the population method makes sense but that is not the case in New Hanover County. In response to Board questions, Finance Director Pinder clarified that of every sales tax dollar collected in New Hanover County approximately 90 cents goes to mandated services including debt service. Budget Director Cam Griffin provided the following list of services that over time the County has assumed funding responsibility from the City of Wilmington: · Library System · 911 · Human Relations Department · Inspections Department · At the request of the City of Wilmington, the Citys tax collection fee was reduced ¼ percent Hearing no further comments, Chairman Davis thanked staff for the presentation. A copy of the PowerPoint presentation is available for review in the Finance Department. COMMITTEE APPOINTMENTS Appointment to the Cooperative Extension Advisory Council Chairman Davis reported that four vacancies need to be filled on the Cooperative Extension Advisory Council with one application having been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Charles F. Mincey to serve a three-year term on the Cooperative Extension Advisory Council with the term to expire May 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 548 Appointments to the Industrial Facilities and Pollution Control Financing Authority Chairman Davis reported that two vacancies need to be filled on the Industrial Facilities and Pollution Control Financing Authority with two applicants being eligible for reappointment with two new applications having been received and requested nominations from the Board. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to appoint Neal Andrew to serve a six-year term on the Industrial Facilities and Pollution Control Financing Authority with the term to expire February 22, 2015. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Frank Oddo to serve a six-year term on the Industrial Facilities and Pollution Control Financing Authority with the term to expire February 22, 2015. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Davis reported that three vacancies need to be filled on the Nursing Home Community Advisory Committee with two applicants eligible for reappointment with three new applications having been received and requested nominations from the Board. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Sharon R. DAndrea to serve a one-year term on the Nursing Home Community Advisory Committee with the term to expire February 28, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to reappoint Kristi Dews Dale and Susan Moriarty to serve three-year terms on the Nursing Home Community Advisory Committee with the terms to expire February 28, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Port, Waterway and Beach Commission Chairman Davis reported that two vacancies need to be filled on the Port, Waterway and Beach Commission with five new applications having been received and requested nominations from the Board. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint H. Layton Bedsole, Jr. to serve the unexpired term on the Port, Waterway and Beach Commission with the term to expire February 28, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to appoint Nicholas Henry Silivanch to serve a three-year term on the Port, Waterway and Beach Commission with the term to expire February 28, 2012. 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. ADDITIONAL ITEM AUTHORIZATION FOR THE COUNTY MANAGER TO INSTITUTE AND ADMINISTER WORK SCHEDULES AND LEAVE POLICIES, AS NEEDED, FOR REASON OF CURTAILMENT OF WORK OR LACK OF FUNDS AND APPROVAL OF PERSONNEL POLICY REVISIONS County Manager Bruce Shell reported that the County, facing budget shortfalls, has taken the necessary steps to maneuver through June 30, 2009. Human Resource Director Cathy Morgan presented the request for the Board to authorize the County Manager to institute and control work schedules and leave policies, as needed, for reasons of curtailment of work or lack of funds. Director Morgan presented the following personnel policy revisions to Article IV, Conditions of Employment and Article VIII, Leave Policies.These changes include making changes to work weeks, hours of operation, work schedules, paid leave policies, and to institute a furlough plan, as needed. Chairman Davis read into the record the following proposed language granting the County Manager the authority to implement leave policy changes: County Managers Authority to Implement Leave Policy Changes For reasons of curtailment of work or lack of funds, the County Manager, in consultation with the Board of County Commissioners, may institute policy or rule changes to any paid leave policies, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, FEBRUARY 16, 2009 PAGE 549 including but not limited to, the provision, accrual or use of personal leave, community services leave, civil leave, death in the family leave, or administrative leave. Such changes may be for as long as the County Manager deems necessary. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to approve the personnel policy revisions as presented to Article IV, Conditions of Employment and Article VIII, Leave Policies and . language granting the County Manager the authority to implement leave policy changesUpon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Personnel Policy is available for review in the Human Resources Department. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:49 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.