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2016-12-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 654 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 19, 2016, at 9:03 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Vice-Chairman Jonathan Barfield, Jr.; Commissioner Pat Kusek; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Kymberleigh Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church, provided the invocation and Vice- Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. PRESENTATION OF APPRECIATION GIFT TO BETH DAWSON Vice-Chairman Barfield, on behalf of the Board, presented a plaque to Beth Dawson in recognition of her service with honor and distinction to New Hanover County. He expressed appreciation to her for the time and effort given in service as a County Commissioner and for the outstanding manner in which she has served the citizens of New Hanover County. Ms. Dawson expressed appreciation to her family, the citizens of New Hanover County, County staff, and her fellow members of the Board. OATHS OF OFFICE ADMINISTERED Vice-Chairman Barfield reported that signed Certificates of Election have been received for Woody White, Patricia Kusek and himself and requested that the oaths of office be administered. The Honorable James H. Faison, III, North Carolina District Court Judge Fifth District, administered the Oath of Office to Commissioner Jonathan Barfield, Jr. The Honorable Chad E. Hogston, North Carolina District Court Judge Fifth District, administered the Oath of Office to Commissioner Woody White. The Honorable Kent Harrell, North Carolina Superior Court Judge Fifth District, administered the Oath of Office to Commissioner Patricia Kusek. Commissioners Barfield and Kusek offered comments to the audience thanking their families for their support and to the voters for electing them and promising to serve the citizens of New Hanover County to the best of their abilities in their role as County Commissioners. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XL, Page 22.1. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Watkins nominated Commissioner Woody White for Chairman of the Board of County Commissioners. Commissioner Kusek seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. Vote: The Board voted UNANIMOUSLY to elect Commissioner White serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner White nominated Commissioner Watkins for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Kusek seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. Vote: The Board voted UNANIMOUSLY to elect Commissioner Watkins to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. BREAK: Commissioner Barfield called for a break at 9:20 a.m. and Chairman White called the meeting back to order at 9:32 a.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 655 BOARD SEATED FOR 2016-2017 Members present were: Chairman Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Chairman White thanked the Board for the opportunity to serve as Chairman. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, 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 Agenda Review Meeting of December 1, 2016 and Regular Meeting of December 5, 2016. Appointment of DSS Adult Services and Outreach Program Manager Leslie Smiley to Eastern Carolina Human Services Agency, Inc. Board - Governing Body The Commissioners approved the appointment of DSS Adult Services and Outreach Program Manager Leslie Smiley to Eastern Carolina Human Services Agency, Inc. Board for a one-year term as a member from the public sector representing low-income individuals. Approval of Cape Fear Public Utility Authority's Request for a Deputy – Sheriff’s Office The Commissioners approved one additional deputy position and one vehicle for the purpose of law enforcement security at the Cape Fear Public Utility Authority Administrative Building at 235 Government Center Drive for all Authority staff and customers. The deputy would be authorized to investigate and enforce violations of the North Carolina General Statutes. The total cost for a full year is $82,384 for salary/fringes and vehicle, which would be revenue generated as Cape Fear Public Utility Authority agrees to reimburse the County. The cost for a half year, through June 30, 2017 will be $53,713. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 22.2. Amendment to the County Sheriff's Office Records Retention and Disposition Schedule – Sheriff’s Office The Commissioners, at the request of the Sheriff’s Office and according to the North Carolina Department of Cultural Resources, Division of Archives and History, Local Unit of the Government Records Branch, approved the amendment to the County Sheriff's Office Records Retention and Disposition Schedule. The amendment reflects changes in North Carolina law concerning law enforcement audio and video recordings as set out in House Bill 972, Law Enforcement Recordings/No Public Record, which went into effect on October 1, 2016. This amendment establishes a 30-day retention period for audio and video recordings and makes exceptions to keep the recordings longer if the recording is part of a criminal case. In response to Board questions, Chief Deputy Kenneth Sarvis and County Attorney Copley explained that if an item needs to be part of a case file it will be retained for longer than thirty days. If there is nothing of evidentiary value, then it will be retained for thirty days. This retention period is legal, best practice and more efficient and effective for the Sheriff's Department. A copy of the amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 22.3. Approval for Leading into New Communities, Inc. (LINC) to Apply for Grant Funding from the N.C. Governor's Crime Commission with New Hanover County as the Applicant Agency – Finance The Commissioners approved for Leading into New Communities, Inc. (LINC) to apply for two N.C. Governor’s Crime Commission grants with New Hanover County as the applicant agency for fiscal years 2017-2018 and 2018-2019. The first grant is to continue the reentry program in the total amount of $180,000. The grant request is for a two-year grant (FY18 and 19). The County has served as the applicant agency for this program for the past six years. The second grant is for a new juvenile justice program in the amount of $150,000. Last year, the County was the applicant agency for a similar LINC grant application that was not awarded. Both grants require a cash match which will be provided by LINC. In response to Board questions, LINC Executive Director Frankie Roberts explained that non-secure alternatives are day treatment opportunities for youth, who are not a flight risk, that would otherwise go to a detention center. Day treatment would include general education development (GED) classes, life skills, etc. and youth would stay at the facility daily from approximately 8:00 a.m.– 5:00 p.m. Strengths-based environments will encourage individuals’ positive strengths and provide paths to help them understand how to achieve their goals. Approval of an Application for the Waiver of Landfill Tipping Fees for the Interfaith Refugee Ministry – Environmental Management The Commissioners approved a waiver of landfill tipping fees for the Interfaith Refugee Ministry, with a maximum cap of 15 tons, valued at $750, waived through December 1, 2017. A copy of the application is available for review in the Environmental Management Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 656 Approval of New Hanover County Board of Education 2016-2017 Budget Amendments #3 and #4 – Strategy and Budget The Commissioners approved the following Board of Education’s budget amendments:  Budget Amendment #3, which transfers $41,100 of salary savings from teachers to program curriculum, reallocates $453,741 of technology funds to teacher salaries, records $51,086 of insurance settlements to Parsley, Ogden and Hoggard and records several miscellaneous budget transfers. The transfer of technology funds was due to the fact that the school system received $494,673 of School Technology Fund excess fines and forfeitures.  Budget Amendment #4, which:  budgets $10,500 of Board of Education carryover and $22,289 of Technology Education App revenues and $21,599 of current year revenues, and miscellaneous budget transfers and employer retirement and hospitalization increase transfers in the Local Current Expense Fund (General Fund).  transfers $280,000 from the Sidbury Road Transportation Complex Improvements to the Sidbury Road Modular Unit and makes a technical revenue correction to Board of Education 2016-2017 Budget Amendment #1 to properly account for County funded projects carried over from the prior year. In response to Board questions, Chief Strategy and Budget Officer Beth Schrader stated that in Budget Amendment #3 salary savings are from positions that have remained open or when filled, were filled at a lower rate than originally budgeted and the savings are being reallocated into the program curriculum. The Board of Education would have to determine if the funds could be applied towards teacher assistant positions. The technology fines and forfeitures received from the State were higher than expected and additional funds for Wi-Fi connectivity were not anticipated when the Board of Education adopted its budget. The funds are being re-allocated into other items. The insurance payments were settlements. In response to additional Board questions, Officer Schrader stated that Budget Amendment #4 concerning the Sidbury Road project has multiple projects. Funds are being allocated for a modular classroom unit to place on the site. The allocations from the larger project budget to separate line items allow items to be tracked more easily. Adoption of Budget Amendments – Strategy and Budget The Commissioners approved the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2017: Sheriff's Office 17-011, 17-026, 17-027, 17-032, 17-033, 17-034, 17-039 Department of Social Services 17-015, 17-019, 17-020, 17-022, 17-023, 17-024, 17-036, 17-037 Library 17-018 Senior Resource Center 17-021 NCSU Extension Service 17-025 Emergency Management/911 17-028 Health 17-029, 17-030 Law Enforcement Officer (LEO) Special Separation Allowance 17-031 Parks & Gardens 17-035 In response to Board questions, Ms. Schrader and Chief Deputy Sarvis explained that budget amendment 17- 034 is for funds reimbursed to the County for paying overtime to deputies working Federal Bureau of Investigation (FBI) cases. The FBI reimburses the County the overtime funds for the deputies working on the FBI Task Force. In response to additional Board questions, Ms. Schrader stated that the programs referenced in Budget Amendments 17-036 and 17-037 are fully funded by the State. These are funds received by the County which are then disbursed to approved applicants as part of the Crisis Intervention Payment (CIP) and Low-Income Home Energy Assistance (LIEAP) programs. Each year the allocations are budgeted based on the prior fiscal year and adjusted to the actual allocation after the State adopts its budget. In most cases, the actual State allocation is less than the County’s actual allocation. The County does not make additional contributions. DSS Director Michelle Winstead confirmed that both programs are currently being administered. CIS begins at the start of the year, is based on eligibility and provides coverage for heating and/or cooling emergencies. LIEAP is also eligibility based and runs from December to March, depending on how long funds are available. Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 22.4. Chairman White stated that for the record action was taken on the Consent Agenda before the question and answer portion and no further action is necessary. REGULAR ITEMS OF BUSINESS ADOPTION OF A RESOLUTION RECOGNIZING JOHN K. BARTO, JR. FOR DEDICATED SERVICE TO OUR REGION'S HEALTHCARE COMMUNITY Chairman White asked New Hanover Regional Medical Center (NHRMC) President and Chief Executive Officer Jack Barto to step forward and read a resolution in recognition of his service into the record, and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to adopt a resolution recognizing John K. Barto, Jr. (“Jack”) for his dedicated service to our region’s healthcare community. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 657 Mr. Barto thanked the Board for the recognition and expressed appreciation to the Commissioners, County staff, the physicians and hospital staff for their support of the hospital. Chairman White thanked Mr. Barto for his years of service, wished him well in retirement and noted how far NHRMC has come in fifty years of service to the community. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 22.5. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving retirement awards: Novella Frieslander, Sheriff’s Office, retiring with 25 years of service Warren Lee, Emergency Management/911, retiring with 13 years of service Chairman White presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Year: John C. Mills, Sheriff’s Office Sarah E. Whitaker, Community Justice Services Ten Year: Elizabeth M. Doyle, Sheriff’s Office Chairman White presented a service award to each employee and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to step forward to be introduced: Bryan Atterson, Fire Services Scott Brown, Fire Services Natasha Francois, Library Henry Grier, Sheriff’s Office Frank Hackett, Emergency Management/911 Joseph Johnson, Department of Social Services Gavin Kersey, Parks and Gardens Tyler Morris, Fire Services Nicole Morway, Health Department Jason Stiles, Sheriff’s Office Kristin Utley, Department of Social Services Russell Willis, Sheriff’s Office The Commissioners welcomed the employees to County Government and wished them success in their new positions. FISCAL YEAR 2017 FIRST QUARTER FINANCIAL RESULTS Chief Financial Officer Lisa Wurtzbacher presented a fiscal summary for the General, Fire Services and Environmental Management Funds for the first quarter of Fiscal Year 2017 from July 1, 2016 through September 30, 2016: Budget Actual YTD Collected General Fund – Revenues: Ad Valorem Taxes 169,272,105 16,167,540 9.55% Sales Taxes 63,323,482 - 0.00% Other Taxes 4,005,000 1,164,645 29.08% Charges for Service 9,848,266 2,453,576 24.91% Intergovernmental Revenue 39,645,413 6,577,171 16.59% Other Revenues 1,481,524 176,321 11.90% Appropriated Fund Balance - - 100.00% Total Revenues 287,575,790 26,539,253 9.23% General Fund – Expenditures: Budget Actual YTD Spent General Government 36,410,454 7,206,014 19.79% Human Services 59,240,821 11,084,677 18.71% Public Safety 58,530,616 12,197,380 20.84% Economic and Physical Development 1,560,101 197,567 12.66% Culture and Recreation 12,118,710 2,464,222 20.33% Education - Community College 10,864,634 2,716,159 25.00% Debt Service - - 100.00% Transfers Out: Education - Public Schools 74,870,604 15,647,632 20.90% Other 33,979,850 3,296,972 9.70% Total Expenditures 287,575,790 54,810,623 19.06% Revenues over Expenditures - (28,271,370) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 658 Debt Service: Budget Actual YTD Collected Revenues: Ad Valorem Taxes 20,886,568 1,799,750 8.62% Intergovernmental Revenue 4,423,511 961,719 21.74% Transfer In from General Fund 31,851,982 2,484,488 7.80% Total Revenues 57,162,061 5,245,992 9.18% Expenditures: Budget Actual YTD Spent Debt Service 57,162,061 13,026,569 22.79% Total Expenditures 57,162,061 13,026,569 22.79% Fire Services: Revenues: Budget Actual YTD Collected Ad Valorem Taxes 8,096,152 808,339 9.98% Sales Taxes 2,906,579 - 0.00% Intergovernmental Revenue 75,000 - 0.00% Charges for Services 120,994 30,416 25.14% Other 17,000 1,196 7.03% Long Term Debt Issued 254,000 - 0.00% Appropriated Fund Balance 1,875,654 - 0.00% Total Revenues 13,345,379 839,951 6.29% Expenditures: Budget Actual YTD Spent Salaries and Benefits 8,888,261 1,745,551 19.64% Operating Expenditures 3,014,730 1,610,754 53.43% Debt Service 709,568 - 0.00% Capital Expenditures 457,820 38,109 8.32% Transfers: To Capital Project 275,000 275,000 100.00% Total Expenditures 13,345,379 3,669,414 27.50% Environmental Management: Revenues: Budget Actual YTD Collected Charges for Service 13,216,348 2,418,902 18.30% Intergovernmental Revenue 481,000 (3,000) -0.62% Other 259,500 72,356 27.88% Transfers In 200,000 200,000 0.00% Appropriated Fund Balance 1,618,933 - 0.00% Total Revenues 15,775,781 2,688,258 17.04% Expenditures: Budget Actual YTD Spent Salaries and Benefits 2,793,301 422,062 15.11% Operating Expenditures 5,695,387 1,214,386 21.32% Debt Service 509,754 34,370 6.74% Capital Expenditures 1,868,470 33,375 1.79% Transfers: To Capital Reserve Fund 250,000 250,000 100.00% To Env Mgt Post Closure 1,158,869 1,158,869 100.00% To Capital Projects 3,500,000 3,500,000 100.00% Total Expenditures 15,775,781 6,613,062 41.92% In response to Board questions, Officer Wurtzbacher stated that the Cape Fear Community College expenditures at twenty-five percent is very common. The County disburses a twelfth of it every month so it is spread evenly throughout the year. Chairman White thanked Officer Wurtzbacher for the presentation and requested for the next quarter presentation that two previous quarters information be included for historical comparison. Office Wurtzbacher responded that the information would be included for the next presentation. APPOINTMENT OF VOTING DELEGATE TO THE NCACC 2017 LEGISLATIVE GOALS CONFERENCE Chairman White presented the request for the Board’s consideration to appoint a voting delegate to the North Carolina Association of County Commissioners Legislative Goals Conference which will be held January 12-13, 2017 in Wake County, North Carolina. Each Board of County Commissioners is requested to designate a voting delegate and submit the information to NCACC by January 6, 2017. Motion: Vice-Chairman Watkins MOVED, SECONDED by Chairman White, to appoint Commissioner Kusek as voting delegate to the North Carolina Association of County Commissioners Legislative Goals Conference which will be held January 12-13, 2017 in Wake County, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority/Wave Transit Authority NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 19, 2016 PAGE 659 Chairman White reported that one vacancy exists on the Cape Fear Public Transportation Authority/Wave Transit Authority with one applicant eligible for reappointment. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Watkins, to reappoint Wylie Beckman Smith, III to serve a three-year term expiring December 31, 2019 on the Cape Fear Public Transportation Authority/Wave Transit Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Adult Care Home Community Advisory Committee Chairman White reported that up to three vacancies exist on the Adult Care Home Community Advisory Committee with three applicants eligible for reappointment. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to reappoint Susan M. Levasseur, Denice Shackelford and Ida R. Smith to serve three-year terms expiring December 31, 2019 on the Adult Care Home Community Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Board of Health Chairman White reported that four vacancies exist on the Board of Health in the General Public, Optometrist, Physician, and Veterinarian categories. Chairman White stated that three applications are available for consideration for the General Public category and requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Watkins, to appoint LeShonda Wallace, to serve a three-year term on the Board of Health in the General Public category with the term expiring on December 31, 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman White stated that one application is available for consideration in the Optometrist category. Without objection, the Board appointed Edward Weaver, Jr. to serve a three-year term on the Board of Health in the Optometrist category with the term to expire on December 31, 2019. Chairman White stated that one applicant is eligible for reappointment and one new application has been submitted for the Board’s consideration for the Physician category and requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to reappoint Mark W. Morgan, to serve a three-year term on the Board of Health in the Physician category with the term expiring on December 31, 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman White stated that one applicant is eligible for reappointment in the Veterinarian category. Without objection, the Board reappointed Melody Speck Evans to serve a three-year term on the Board of Health in the Veterinarian category with the term to expire on December 31, 2019. Appointments to the New Hanover County Tourism Development Authority Chairman White reported that four vacancies exist on the Tourism Development Authority in the Tourist Attraction, Vacation Rental Properties (100+) Owner/Manager, Wilmington Hotel (<150) Owner/Manager, and Wrightsville Beach Hotel Owner/Manager categories and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, to appoint Peggy Sloan in the Tourist Attraction category to serve a three-year term and reappoint Nicolas Montoya in the Wrightsville Beach Hotel Owner/Manager category to serve a three-year term with terms to expire on December 31, 2019 and appoint Jason S. Bryant in the Vacation Rental Properties (100+) Owner/Manager category and Doreen Turgeon in the Wilmington Hotel (<150) Owner/Manager category to serve unexpired terms with terms to expire on December 31, 2017 on the Tourism Development Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEM Chairman White reported that no one had signed up to speak on non-agenda items. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 10:30 a.m. Respectfully submitted, Kymberleigh G. Crowell 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 checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.