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2005-04-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 284 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 18, 2005, 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, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; County Attorney Wanda M. Copley; and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Assistant County Manager Pat Melvin gave the invocation. Vice-Chairman Caster 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 discuss or remove an item from the Consent Agenda. Commissioner Pritchett requested Assistant County Manager Pat Melvin clarify that if the County is awarded the Rural Operating Assistance Program Grant, the funds would go to the Transportation Authority. No local match is required. Hearing no further comments, Chairman Greer requested direction from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting - April 4, 2005 Closed Session Meeting - April 4, 2005 Acceptance of Grant from Medication Management Program (prescription Drug Assistance) - Department of Aging The Commissioners accepted a year three-renewal grant in the amount of $40,211 from the Medication Management Program (Prescription Drug Assistance) for persons 65+ for the Department of Aging. The funds will be used to cover the cost of salary for one temporary staff person, 30 hours a week, contractual services with a pharmacist to review client medications and other operational costs. The grant period is from February 1, 2005 - January 31, 2006. There is no required match from the County. The program is 100% grant funded. Approval of Designation of the Department of Aging as the Lead Agency for Aging Services in New Hanover County and Receipt of Home and Community Care Block Grant The Commissioners approved the designation of the Department of Aging as the Lead Agency for Aging Services in New Hanover County for 2006 and receipt of the Home and Community Care Block Grant funds in the amount of $775,038; Senior Center Outreach funds of $1471; Title-D Health Promotion! Medication Management funds of $10,225 and Family Caregiver funds in the amount of $28,500. The Home and Community Care Block Grant funds will be used to provide services to older adult residents age 60+. The required match of $52,238 for the services provided by the Department of Aging is included in the 2006 budget request. Elderhaus, Coastal Adult Day Care and dMs Services will provide the match for services provided by their agencies. The Department of Aging will enter into a contract with Elderhaus, Coastal and Adult Day Care and dMs to provide services using the Home and Community Care Block Grant funds. The Senior Center Outreach funds in the amount of $1,471 will be used to purchase medical equipment and incontinent supplies for persons 60+. The required match of $490 is included in the requested 2006 budget. The Title D Health PromotionlMedication Management funds in the amount of $10,225 will be used to pay for health promotion and medication management activities at the Senior Center. The required match of $1,136 is included in the 2006 budget request. The Family Caregiver Support Services (FCS) funds in the amount of $28,500 will be used to purchase respite services for caregivers who need relief from their daily care-giving duties. There is no match required for the FCS funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 285 Authorization to Submit a Grant Application for Rural Operating Assistance Program Funds The Commissioners authorized the Department of Health to submit a grant application for Rural Operating Assistance Program Funds in the amount of $156,420 via the N.C. Department of Transportation's Rural Operating Assistance Program (ROAP) for FY 2005-06. A public hearing was held on April 14, 2005 at 12:00 p.m. If awarded, the funds must be used to provide transportation services to specific populations of the unincorporated areas of the County. No local match is required. Funding categories and amounts as determined by NCDOT are: Elderly/Disabled Assistance Work First Assistance Rural General Public Assistance Total $ 81,794 $ 13,677 $ 60,949 $ 156,420 Approval of Consolidated Agreement Between the State of North Carolina Department of Health and Human Services and the New Hanover County Health Department The Commissioners approved the Consolidated Agreement between the State of North Carolina as represented by the State Health Director and the New Hanover County Health Department for the period July 1, 2005 to June 30, 2006. This agreement is for the purpose of maintaining and promoting the advancement of public health in North Carolina and it sets forth the terms and conditions applicable for the activities carried out by the health department involving state funding. Funding in the amount of $2,926,671 ($1,111,892 in State Grants and $1,814,779 in Medicaid Reimbursement) is for services provided by the New Hanover County Health Department. Approval of Changes in the New Hanover County Health Department Narrative and Fee Policy The Commissioners approved the changes in the New Hanover County Health Department narrative and fee policy. These changes relate specifically to services provided through the Personal Health Services Division. The Board of Health approved the changes at their April 6, 2005 monthly meeting. Funding sources include health fees, Medicaid, Medicare and other third party reimbursement agencies. Fee adjustments are based on changes in Medicaid reimbursement rates. Approval of Budget Amendments #2005-42, #2005-43 and #05-0180 - Sheriff's Office The Commissioners approved the following budget amendments: Budget Amendment #2005-42 - Sheriff's Office Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax Capital Project Expense $2,444 $2,444 Explanation: To budget for additional revenue received on March 23, 2005. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. Budget Amendment #2005-43 - Sheriff's Office Adiustment Debit Credit Federal Forfeited Property: Federal Forfeited Property Other Capital Project Expense $6,161 $4,750 $10,911 Explanation: To increase budget as follows: 1) $6,161 in additional revenue received on March 4, 2005 and 2) $4,750 additional insurance proceeds received for a Sheriff's Office total loss vehicle. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary, and the total loss vehicle was purchased with Federally Forfeited Property funds, therefore, the insurance proceeds should be budgeted in Fund 348. Budget Amendment #05-0180 - Sheriff's Office Adiustment Debit Credit Sheriff's Office/Administration: Other Sheriff's Office/Vice/Patrol: M&R - Auto and Trucks Project Lifesaver $18,926 $16,726 $ 2,200 Explanation: To budget the following: 1) $16,726 received by NC Superior Court Order for unclaimed funds either seized as evidence for the crime or abandoned property, which no person has made claim. The Sheriff's NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 286 Office Vice and Narcotic Division have closed the cases. 2) A $2,200 contribution for Project Lifesaver from the Pilot Club of Wilmington. The Court Order, signed by the Superior Court Judge W. Allen Cobb, Jr., reads that the unclaimed funds shall be turned over to New Hanover County Sheriffs Office. Per the Sheriffs directive, the funds should be budgeted in the Vice and Narcotics Division (expenditure line item Maintenance and Repair - Auto & Trucks). Acceptance of Tax Collection Reports as of February 28, 2005 and March 31, 2005 The Commissioners accepted Tax Collection Reports as of February 28, 2005 and March 31, 2005, as submitted by the Collector of the Revenue, Patricia 1. Raynor. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 19.1. Release of Value - Tax Department The Commissioners granted a Senior CitizenJDisability Exclusion to the following taxpayer. The application and letter explaining late filing are available upon request at the Tax Office. Riley, Thomas W. Gloria G. $20,000 Approval of Budget Amendment #05-0176 - Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0176 - Social Services Adiustment Debit Credit Child Day Care: Office Day Care Services Day Care Services $361,997 $361,997 Explanation: To budget additional federal funds for the Child Day Care program. This additional funding will allow DSS to provide day care services to all eligible clients. The waiting list for day care services will be eliminated. Approval of Budget Amendment #05-0179 - Health The Commissioners approved the following budget amendment: Budget Amendment #05-0179 - Health Adiustment Debit Credit Epidemiology: Flu-Pneumonia Vaccine Communicable Disease: Contracted Services M&R - Equipment Departmental Supplies $45,500 $12,000 $ 9,000 $24,500 Explanation: To budget additional revenues generated in the Communicable Disease budget for flu shots administered this fiscal year. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Five-Year - Daniel Hands - Property Management Willis C. Baker - Veteran's Services Carl A. Byrd - Human Relations Fifteen Year- Jean P. McNeil - Health Dept. Marla Hubbard - Social Services Phylliss R. Reynolds - Social Services Donna N. Willetts - Social Services Twenty-Year - Timothy R. Karp - Sheriffs Office Tony P. Roberts - Inspections NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 287 Twenty-Five Year - Phyllis T. Yow - Register of Deeds On behalf of the Board, Chairman Greer presented an award to each employee, expressed appreciation, and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager O'Neal requested the following retirees to step forward to receive retirement awards: Joyce 1. Brodie - Sheriff's Office - 15 Years of Service Bernadine G. Butler - Tax Department - 24 Years of Service Mary M. Antley - Public Safety Communication Center - 23 Years of Service Brenda S. Hunt - New Hanover County Library - 16 Years of Service Diane T. V osnock - Health Department - 30 Years of Service On behalf of the Board, Chairman Greer presented an award to each retiree, expressed appreciation, and thanked them for their dedicated years of service. CONSIDERATION OF RESOLUTION TO RECOGNIZE DR JIM LANIER, INTERIM DIRECTOR OF AIRLIE GARDENS Chairman Greer reported that County Manager Allen O'Neal has submitted a resolution thanking Dr. Jim Lanier for his service as Interim Director of Airlie Gardens. Chairman Greer read the resolution into the record and requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution thanking Dr. Jim Lanier for his stewardship and oversight of Airlie Gardens from January 5, 2005 to March 29, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 19.2. RECOGNITION OF NEW EMPLOYEES County Manager O'Neal requested the following new employees to stand and be introduced: David Hollis Linda Taylor Bonita Wright Julie Criser Patrick Sawhill Kitty Bluestein Kevin Boyett Lynn Boswell John Episcopo Engineering Department Health Department Health Department Library Property Management Social Services Department Water & Sewer Engineering Health Department Parks Department On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success with their new positions. RECOGNITION OF ADAM ALPIN AND BRENDA HUGHES FOR THEIR EMMY-WINNING TELEVISION DOCUMENTARY - THANK YOU, EDDIE HART Public Information Officer Mark Boyer reported that Adam Alphin and Brenda Hughes co-produced this true story of a North Carolina soldier killed during WWII and the Dutch family that took care of his grave for 60 years. These two filmmakers exemplify the high caliber of talent in the local film industry. Chairman Greer read the resolution into the record and requested a motion for approval. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution congratulating Brenda Hughes and Adam Alpin on their Midsouth Regional Emmy A wards for the production of Thank You, Eddie Hart. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 19.3. PRESENTATION OF NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS FOR THE 2004 OUTSTANDING COUNTY PROGRAM AWARD Chairman Greer introduced Ed Wooters, Director of Member Services, North Carolina Association of County Commissioners, and requested that he make the presentation. Mr. Wooters presented a NCACC 2004 Outstanding County Program Award to the following staff for their Breaking Glass and Building Relationships program: Ray Church, Environmental Management Director NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 Jason Hale, Solid Waste Planner BOOK 30 PAGE 288 The glass recycling process was developed by New Hanover County for processing and recycling the hundreds of tons of glass collected annually. A simple method was developed to crush and screen the glass using equipment and tools on hand (a loader, screening mesh, large containers). The resulting material is being used as road base at the local landfill. The new program saves money in hauling and traditional road base material purchasing. The County saved more than $8,700 in the program's first year of operation. On behalf of the Board, Chairman Greer congratulated the Staff on their recognition. CONSIDERATION OF RESOLUTION TO SUPPORT FULL FEDERAL FUNDING FOR THE RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL PROGRAMS FOR FISCAL YEAR 2006 Chairman Greer reported that the Board has been requested to adopt a resolution addressed to the US. Senate and the US. House of Representatives Appropriations Committees to continue funding support of the Resource Conservation and Development Councils in the amount of $54 million for FY 2006. This funding will continue support and maintain the 375 existing Resource Conversation and Development Councils at the FY 2005 funding level. The current proposed federal funding for RC&D Councils would result in elimination of approximately six often RC&D offices in North Carolina. Chairman Greer read the resolution into the record and requested a motion for approval. Motion: Chairman Greer MOVED, SECONDED by Commissioner Kopp, to adopt the resolution addressed to the US. Senate and the US. House of Representatives Appropriations Committees to continue funding support of the Resource Conservation and Development Councils in the amount of $54 million for FY 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 19.4. CONSIDERATION OF RESOLUTION ENDORSING THE WILMINGTON METROPOLITAN PLANNING ORGANIZATION'S 2030 LONG RANGE TRANSPORTATION PLAN Chairman Greer reported that the Board has been requested to endorse the Wilmington Metropolitan Planning Organization's (MPO) 2030 Long Range Transportation Plan. The Metropolitan Planning Organization is comprised of representatives from the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County, Brunswick County and the NC Board of Transportation. The MPO was created to conduct transportation planning in accordance with federal legislation for the planning area. The Metropolitan Planning Organization's Transportation Advisory Committee endorsed the transportation-planning document on March 30th. The MPO is now requesting that each of the local jurisdictions also endorse the long-range plan. Chairman Greer read the resolution into the record and requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution endorsing the Wilmington Metropolitan Planning Organization's 2030 Long Range Transportation Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 19.5. BREAK Chairman Greer called for a break at 9:40 a.m. until 10:00 a.m. CONSIDERATION OF ACCEPTANCE OF REPORT BY ACTION AUDITS, LLC AND ADOPTION OF 2005 RATE ORDER RESOLUTION FOR CABLE SERVICES IN UNINCORPORATED NEW HANOVER COUNTY New Hanover County's cable consultant, Robert Sepe with Action Audits, LLC reported that in October 2004, Time Warner Cable (TWC) filed rate forms with the County seeking approval to increase the rates charged for basic cable television service, installation and equipment rental for the 2005 calendar year. The information provided by the cable company in accordance with the FCC rate rules and regulations has been evaluated. Action Audits has found the request to increase rates for basic service, equipment and installation complies with FCC's rate rules; however, the proposed form 1235 'ADD-ON' rate to recover its upgrade investment does not comply with the FCC's rate rules. TWC has been recovering its capital upgrade investment from ratepayers for the past ten years and over- recovery is a concern. Action Audits has requested financial information regarding the status of the upgrade recovery and has been told by TWC that local governments lack the authority to look into this matter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 289 Mr. Sepe stated that he recommends that the Board accept the consultant's report and adopt the resolution approving the basic service rate, the proposed equipment and installation rates, suspending collection of the "add- on" charge to cable subscribers in unincorporated New Hanover County and compelling TWC to produce the financial information regarding the status of the upgrade recovery. Commissioner Davis clarified with Mr. Sepe: . Basic Service includes the first 23 to 24 channels, off-air channels and service channels. . The Board would need to approve any changes in the Basic Service rate. . If the Board does not approve a requested change in the Basic Service rate then the cable company can appeal to the FCC. . Time Warner Cable is not requesting a change in the Basic Service rate of $6.81 per month. . The FCC allowed Time Warner Cable to recover funds for their fiber optic upgrade and approved the fifty-cent per month "add-on" charge. . TWC is requesting an increase in labor fees from $30.50 to $30.71 an hour. . TWC is requesting slight increases in equipment fees. Harold Seagle, Time Warner Cable Attorney clarified: . TWC is not requesting an increase in the Basic Service rate . TWC is requesting an increase in labor fees and a slight increase in equipment fees. Mr. Sepe has agreed that these increases are reasonable. . The FCC approved the fifty-cent per month "add-on" charge in January 2001 through an application of Form 1235. . The Form 1235 application had an amortization period of sixteen years. . The Form 1235 application is a one time filing and is not subject to periodic reVIew or recalculation. . The letter from the County to William Greene, TWC Division President, requested TWC to recalculate its Form 1235 and did not include a request for financial information. Mr. Seagle stated that if the Board voted to deny the increase TWC will appeal that decision to the FCC. Chairman Greer clarified with Mr. Seagle that the Form 1235 that was submitted by TWC and approved by the FCC included a sixteen-year amortization chart. Commissioner Davis clarified with Mr. Seagle that if the upgrade debt is paid off before the sixteen years the remaining funds will be profit; if the customer base decreases it is possible that after the sixteen year timeframe the upgrade debt will not have been paid off. Commissioner Kopp clarified with Mr. Seagle that the fifty-cent "add-on" charge is included in the Basic Service rate of $6.81. Commissioner Kopp clarified with County Attorney Wanda Copley that the Board is being asked by Mr. Sepe to request that TWC submit financial information in order to make sure that they are in compliance with the "add-on" charge. County Attorney Copley asked Mr. Seagle if TWC is willing to work with Mr. Sepe and provide the requested information. Mr. Seagle stated that TWC is willing to work with Mr. Sepe to provide information that is reasonably necessary that the County is entitled to review. Form 1235 has already been approved by the FCC and not subject to recalculation. After hearing no further discussion, Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve Form 1205, Form1240, Form 1235, the basic cable service rate, and the proposed equipment and installation rates. Substitute Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to table the item until the Board's May 16, 2005, meeting to allow Harold Seagle, representing Time Warner Cable and Bob Sepe, with Action Audits, LLC to work together for the requested financial information regarding the status of the upgrade recovery work. Chairman Greer called for a vote on the substitute motion. Vote: The MOTION CARRIED THREE TO TWO. Chairman Greer and Vice-Chairman Caster voted m opposition. CONSIDERATION OF REQUEST FOR FUNDING FOR ELDERHAUS Vice-Chairman Caster stated that this item was continued from the last Board meeting to allow staff time to gather additional information. The Department of Social Services has agreed to the transfer of funds in the amount of $15,000 from the Medicaid Assistance Payment fund to Elderhaus, Inc because over time it will save the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 290 money. Elderhaus provides daytime structured supervision for frail elderly clients who potentially otherwise could be in a nursing homelMedicaid bed using Medicaid Assistance Payment funds. Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the transfer of funds in the amount of $15,000 from the Medicaid Assistance Payment fund to Elderhaus, Inc. and the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #05-0187 - Social ServiceslElderhaus Adiustment Debit Credit DSSIMedicaid: Assistance Payments Elderhaus: Elderhaus $15,000 $15,000 Explanation: To reduce Medicaid expenditures in DSS to increase funding for Elderhaus for last three month ofFY 04-05. RECONSIDERATION OF REQUEST BY CARL VALENTE FOR REMOVAL OF RESTRICTIVE COVENANT County Manager Allen O'Neal reported that Carl Valente is requesting the Board to reconsider their decision to deny the removal of the deed restriction that prevents structures from being placed on the former Pine Tree Cemetery. The restriction was included in the 2002 Quit Claim Deed when the County sold the parcel to Jan Brewington and Carl Valente. The parcel is situated between 6th and 7th Streets and Queen and Wooster Streets. The sale price of $5,000 was much less than market value but was deemed an appropriate disposition continuing the memorial status of the former burial ground. The Engineering Department handles all cemetery matters and is in opposition to this request by Mr. Valente. Carl Valente discussed purchasing the property for his family's home and the positive changes that the area has undergone in the past year and requested that the Board reconsider their denial of removing the deed restriction that prevents structures from being placed on the property. His family has no immediate plans to build or develop the property but is requesting to hold the deed to the property unencumbered. Commissioner Pritchett stated she was against removing the deed restrIctIOns since the property IS consecrated cemetery land and the restrictions were in place when Mr. Valente purchased the property. Hearing no further discussion, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis, to approve the request by Carl Valente to remove the deed restriction that prevents structures from being placed on the former Pine Tree Cemetery. Upon vote, THE MOTION CARRIED 3 to 2. Chairman Greer and Commissioner Pritchett voted in opposition. BREAK Chairman Greer called for a break at 11:36 a.m. until 11:46 a.m. PUBLIC HEARING ON FINANCING OF MARKET PLACE MALL ACQUISITION Chairman Greer opened the public hearing and announced that the Board adopted a resolution at the March 14, 2005, meeting authorizing the purchase of the Market Place Mall option of the additional 48,481 square feet. Staff has moved forward with preparation of the Local Government Commission (LGC) application and closing documents for the financing of the purchase. This public hearing is an LGC requirement that allows the public to comment on the proposed funding for the purchase before the LGC reviews the application. Staff requests that the Board hold the public hearing, adopt the resolution and approve the related budget amendment. This is an interest only installment financing with a three-year term. Before the end of the three years, the loan will be refinanced through a Certificate of Participation. Chairman Greer asked if anyone from the public would like to speak on this item. Hearing no comments, Chairman Greer closed the public hearing, read the resolution into the record, and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution documenting the County's actions and findings on the financing of the purchase. Upon vote, THE MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the related budget amendment #2005-44. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 291 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 19.6. Budget Amendment #2005-44 - Marketplace Renovations/Finance/Propertv Management Adiustment Debit Credit Finance : Rent $36,000 Property Management: Utilities $20,000 Transfers to Other Funds: Transfers to Capital Projects $16,000 Marketplace Renovations: Transfer in from General Fund $16,000 Capital Project Expense $16,000 Explanation: To budget rental income from Marketplace for April-June, 2005, to be used to pay utilities expense incurred by Property Management and costs incurred in the capital project. SECOND READING FOR CONSIDERATION OF COUNTY CODE SEWER CONNECTION PROCEDURES AND FEES ORDINANCE AMENDMENTS Chairman Greer reported that due to his absence at the April 4, 2005 meeting this item was approved with a vote of 4 to O. The legal staff recommends a second reading because the full board was not available at the vote. In order to eliminate possible challenges, a second vote is in order. Staff is requesting the Board approve the amendments of the following sections of the utilities ordinance: Chapter 56, Division 9. Section 56-312 (a) (I), One-Time Sewer Charges. Section 56-312. One-Time Sewer Charges: (a) Sewer service connection fees (tap fees). Sewer service connection fees (tap fees) shall be charged to cover the cost of providing a tap to the sewer lateral. Tap fees shall be in the amounts stated in section 56-315 subject to the following modifications: (1) An owner may have his own tap installed, by utilizing a licensed utility contractor, provided he: a. Requests approval at the time of making application for connection to the public sanitary sewer. b. Gives five days' notice to the district of the date the tap is to be made. c. Constructs the tap with materials specified by the district under the supervision of a qualified licensed contractor. d. Arranges for the presence of a district representative when the tap is made. e. Pays the tap fee according to the fee schedule, with the understanding that the district will refund the tap fee, less an administration!inspection fee, upon the owner's completion of the tap in an improved manner. II. Appendix B, Division 9. Fee Schedule. Section 56-315 (a) Residential and nonresidential tap fees: Residential and nonresidential (after initial six months of sewer availability): Four Inch Six Inch $2,500.00, or actual cost. whichever is greater $2,700.00, or actual cost. whichever is greater Chairman Greer requested a motion for approval from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve amending County Code Section 56-312 (a)(1) and Section 56-315 (a). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 19.7. The ordinance will be codified into the New Hanover County Code. PRESENTATION CONCERNING TSUNAMI AWARENESS Emergency Management Director Warren Lee made a presentation on tsunami awareness. New Hanover County's Multi-Jurisdictional Hazard Mitigation Plan includes a process in case of a tsunami. The Board of Commissioners adopted the Multi-Jurisdictional Hazard Mitigation Plan in October 2004. COMMITTEE APPOINTMENTS NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 292 Appointments to the Adult Care Home Community Advisory Committee Chairman Greer announced that six vacancies needed to be filled on the Adult Care Home Community Advisory Committee. He reported that one application was received and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Mary K. Busbee to serve on the Adult Care Home Community Advisory Committee with the term to expire April 30, 2006. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Juvenile Day Treatment Center Advisory Board Chairman Greer announced that five vacancies needed to be filled on the Juvenile Day Treatment Center Advisory Board. He reported that eight applications were received and requested nominations from the Board. Vice-Chairman Caster nominated George Bruce Hickman. Commissioner Kopp seconded the nomination. Vice-Chairman Caster nominated Carolyn B. Dopki. Commissioner Pritchett seconded the nomination. Vice-Chairman Caster nominated Rick Cowles. Commissioner Pritchett seconded the nomination. Commissioner Kopp nominated Richard L. Paxton. Chairman Greer seconded the nomination. Commissioner Pritchett nominated George Robert Jones. Commissioner Kopp seconded the nomination. Vice-Chairman Caster nominated Brian Brosnan. Commissioner Kopp seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Brian Brosnan. Vote: The Board voted 2 to 3 to appoint Brian Brosnan to serve on the Juvenile Day Treatment Center Advisory Board. Chairman Greer called for a vote on the appointment of Rick Cowles. Vote: The Board voted 5 to 0 to appoint Rick Cowles to serve a three-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2008. Chairman Greer called for a vote on the appointment of Carolyn B. Dopki. Vote: The Board voted 5 to 0 to appoint Carolyn B. Dopki to serve a three-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2008. Chairman Greer called for a vote on the appointment of George Bruce Hickman. Vote: The Board voted 4 to 1 to appoint George Bruce Hickman to serve a two-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2007. Chairman Greer called for a vote on the appointment of George Robert Jones. Vote: The Board voted 3 to 2 to appoint George Robert Jones to serve a one-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2006. Chairman Greer called for a vote on the appointment of Richard L. Paxton. Vote: The Board voted 5 to 0 to appoint Richard L. Paxton to serve a two-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2007. Library Advisory Board Chairman Greer announced that two un-expired vacancies needed to be filled on the Library Advisory Board. He reported that two applications were received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Dean R. Gattone to serve an un-expired term on the Library Advisory Board with the term to expire August 31, 2006 and to appoint Jacqueline O'Grady to a three-year term on the Library Advisory Board with the term to expire on August 31,2008. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Lower Cape Fear Water and Sewer Authority Chairman Greer announced that one vacancy needed to be filled on the Lower Cape Fear Water and Sewer Authority. He reported that two applications were received and requested nominations from the Board. Vice-Chairman Caster nominated Commissioner Bill Kopp. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 293 Commissioner Pritchett questioned the appropriateness of having another commissioner serve on the Authority when the other municipalities only have one elected official serving. Commissioner Davis stated his concern of having two County Commissioners on the Authority. Vice-Chairman Caster stated that to his understanding it is permissible to have two elected officials on the Authority. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to table the committee appointment to the Lower Cape Fear Water and Sewer Authority, until the Board's May 2,2005 meeting, pending additional information concerning the original intent of the makeup of the Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 12: 15 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 1 :02 p.m. BREAK Chairman Greer called for a break at 1:02 p.m. until 1:35 p.m. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE BOARD OF EQUALIZATION AND REVIEW Chairman Greer convened from Regular Session at 1:35 p.m. to hold a regular meeting of the 2005 New Hanover County Board of Equalization and Review. Chairman Greer reconvened to Regular Session at 1:47 p.m. CONSIDERATION OF APPROVAL OF ORDINANCE CHANGES FOR ENHANCEMENTS OF CUSTOMER SERVICE PROVIDED BY WATER AND SEWER FINANCE TO INCLUDE APPROVAL OF NEW POSITIONS AND ADDITIONAL REVENUE SOURCES AND ASSOCIATED BUDGET AMENDMENT Finance Director Bruce Shell reported that the Water and Sewer Finance operation proposed enhanced services to its customers requiring the following changes to the Ordinance. I. Chapter 56, Division 1. Sections 56-31, Domestic and commercial connections, subsections (b), (f), (g) and h(5)(b). Section 56-31(b), (C), (g) and h(5)(b). Domestic and commercial connections: (b) Applications for service must be made, by the owner, to New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N. C. in accordance with procedures set forth in section 56-252. (f) Inquiries on billing, termination and connection requests, reconnection of service, reinstallation of meters and payments shall be made to New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N. C. (g) Problems with leaks should be reported to the New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N.C. (h)(5)(b) Payment of all charges, fees and penalties associated with reconnection of service must be made in cash, credit card, certified check or money order and paid, in person, in the office of the New Hanover County Water and Sewer District, 414 Chestnut Street, Room 1101, Wilmington, N.C. II. Chapter 56, Division 1. Sections 56-39, Penalties, subsection (d). Section 56-39(d). Penalties: (d) If an owner becomes delinquent on his account for billing of the basic user charges, a late penalty will be assessed on the account equal to -l----l-,Q- 10 percent of the outstanding balance due with a maximum late penalty of $5.00 per billing cycle. In order to maintain his account in a current status, each owner is given a ten-day grace period from the due date of the bill, for a total of 30 days from the date the bill is mailed, in which to pay the total outstanding balance due. III. Chapter 56, Division 7. Sections 56-252, Procedure for required connections, subsections (b)(1)(a), (b)(1)(b), (b)(2)(b) and (b)(2)(c). Section 56-252(b)(1)(a), (b)(1)(b), (b)(2)(b) and (b)(2)(c). Application procedures for new connections: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 294 (b)(1)(a). The owner must apply to New Hanover County Water and Sewer District, 414 Chestnut Street, Wilmington, N. C. (b)(1)(b). The owner must complete and sign all required documents the application process and all required fees, as specified in division 9 of this article, must be paid at the time application is made, either in person, by telephone or online. (b )(2)(b). The contractor, developer or other party shall pro','ide the mailing address of the o':mer so that all required documents may be mailed directly to the ovmer for completion. A service fee set from time to time and contained in appendix B viill be charged to coyer the cost of mailing the documents. may set up a billing account in their name, but shall be responsible for all costs and fees until such time as notification of change in ownership of the property is made to the New Hanover County Water and Sewer District. (b)(2)(c). The owner must complete, sign and haye notarized all required documents and return the documents to the Nevi Hano','er County Water and Sevier District, 111 Chestnut Street, Wilmington, NC 28101, the application process within 30 days from the date of notification by the district. IV. Chapter 56, Division 7. Sections 56-252, Procedure for required connections, subsection (c). Section 56-252(c). Application procedures for changes in service: (c). The owner may notify the district in person or by telephone of any changes in service. If notification is made by telephone, the district ':iill mail all required documents to the ovmer for completion and required signatures. If applicable, an administrative fee set from time to time and contained in appendix B will be applied to the owner's account. If fees, other than the administratiye fee, are required in accordance viith diyision 9 of this article, the ovmer must complete and sign all required documents and all required fees paid as specified in subsection (b) of this section. V. Chapter 56, Division 9. Section 56-313. Basic user charges, subsections (b) and (c). Section 56-3 13 (b). Flat rate option for residential property: The owner of residential property occupied with only one structure served by a sewer line may elect to pay flat bimonthly rates in lieu of metered bimonthly rates. If the owner initially chooses a flat rate, the owner may change to a metered rate at any time; hO':ie','er, the ovmer is allovied to change one and only one time from the initial application. The ovmer must pay upon payment of an administration!inspection fee set from time to time and contained in appendix B and the cost of installation of meters, if applicable per section 56-252. If a meter does not function properly due to the owner's water quality (i.e. sand) and the meter has been replaced twice, the district shall remove the meter and charge the flat rate. Section 56-3 13 (c). Metered rate option for all other property: All residential property owners not electing the flat rate option, all commercial and industrial properties, and all other properties shall be charged based on metered rates. Metered rates shall be either residential or nonresidential rates. If the owner initially chooses a metered rate, the owner may change to the flat rate option only after six bimonthly billings on the metered rate. The ovmer is allovied to change one and only one time from the initial application. The ovmer must pay upon payment of an administration!inspection fee set from time to time and contained in appendix B. If a meter does not function properly due to the owner's water quality (i.e. sand) and the meter has been replaced twice, the district shall remove the meter and charge the flat rate. VI. Chapter 56, Division 9. Section 56-315. Specific fees, subsections (e)(2), (3), (4) and (5). Delete the following subsections: (e)(2). Sewer deposit. (e)(3). Industrial application fee. (e)(4). Cancellation penalty. (e)(5). 1-40 Business Park sewer improvements proiect assessment fee. Add the following new subsections: (e)(2). Billing method change. A fee, as set forth in Appendix B, shall be charged for each occurrence when customers request a change in the billing method. (e)(3). Application fee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 An application fee, as set forth in Appendix B, shall be charged for new service. BOOK 30 PAGE 295 (e)(4). Credit card. A credit card convenience fee, as set forth in Appendix B, shall be charged on total amounts of $250.00 or more. VII. Appendix B, Chapter 56. Utilities, Article II, Water Service, Section 56-31(h)(2)(c). Section 56-31(h)(2)(c): (2) G:- d. Processing fee for worthless check. . . $W:OO 25.00 VIII. Appendix B, Chapter 56. Utilities, Article II, Water Service, Section 56-37(b)(5). Section 56-37(b)(5). Other fees. Add a new subsection (e): Additional fee if no person of reasonable age and with appropriate authority present when service reconnected... $50.00. IX. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Section 56-252(b)(2)(b). Delete Section 56-252(b )(2)(b). X. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Section 56-252(c). Delete Section 56-252(c). XI. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-313(b). Section 56-3 13 (b): Administration!inspection fee fef to change to flat rate option for residential property . . . $~OO 100.00 XII. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-313(c). Section 56-313(c): Administration!inspection fee fef to change to metered rate option for residential property . ~ 100.00 XIII. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-315(e)(2), (4) and (5). Section 56-315(e)(2): Se':ier deposit: a. Residential. . . $1 0.00 b. Nonresidential: Higher of minimum bimonthly se':ier charge fee appropriate meter size or . . . 10.00 Fee for change in billing method for each occurrence... $100.00 Section 56-315(e)(4): Minimum penalty. . .25.00 Application fee for new service. . . $15.00 Section 56-315(e)(5): I 10 Business Park sewer improyements project assessment fee. . . 10.00 Credit card convenience fee. . .3% total charge over $250.00. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve amending County Code Chapter 56, Utilities and Appendix, Section B, Fee Schedule. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. Finance Director Shell reported that a second reading is required for final adoption since the ordinance did not receive a unanimous vote. 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 18,2005 BOOK 30 PAGE 296 No items were presented. ADDITIONAL ITEMS Items Presented by Vice-Chairman Caster Vice-Chairman Caster referenced a letter from a New Hanover County resident living in Federal Point concerning the increase in his insurance rating from five to nine which resulted in his insurance premiums doubling. He has requested an inspection from the N.C. Department of Insurance but has not received a timely response. Commissioner Pritchett clarified that the N.C. Department of Insurance is running on a two-year calendar for re-inspection requests. Vice-Chairman Caster requested that Staff look into the matter. Vice-Chairman Caster reported that he attended the following meetings and events: Meeting with School Board members, planning event for the Performing Arts Center, various Azalea Festival events, Ports, Waterway and Beach Commission meeting, Lower Cape Fear Water and Sewer Authority meeting, met concerning the proposed soccer field complex, Coastal Horizons meeting, Department of Social Services presentation, reception with the legislators, judged the chowder cook-off at Carolina Beach, the Hammerhead's opening soccer game, and continues meeting on the issue of land use plans. Vice-Chairman Caster reported that according to the Director of the Lower Cape Fear Water and Sewer Authority, Don Betz, there is no limit on the number of elected officials on the Lower Cape Fear Water and Sewer Authority. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the following meetings and events: The Performing Arts Center planning event at UNCW, Council of Governments dinner, read to three and four year old children at the New Center Child Care Center, legislative weekend events, Board of Health retreat, the Air Show, and the Carousel Center Gala. Commissioner Pritchett reported that Congressman Mike McIntyre presented the Ogden Volunteer Fire Department with a $115,000 grant for additional safety equipment and she thanked him for working hard for New Hanover County. Item Presented by Commissioner Kopp Commissioner Kopp introduced the following motion: Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to nominate Chairman Robert G. Greer and Vice-Chairman William A. Caster to serve as the County's representatives on the committee for consolidation. Upon vote, THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 2:00 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board