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2005-05-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 316 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 16,2005, at 9:03 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. 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 1. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. Chairman Greer, on behalf of the Board, congratulated Commissioner Davis on the graduation of his son, Teddy, from the University of North Carolina in Chapel Hill. 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. Chairman Greer requested removal of Items 3, 10 and 14 for clarification from staff. Item 3 - Award of Contract #05-0232 for Lease of Baler at Recycling Facility Jason Hale, Solid Waste Planner, explained that the two proposals that offered the best package to the County were Carolina Fibre Corporation and TFC Recycling. Both bids were complete and offered the required services and support; based on the machine offered by Carolina Fibre Corporation, Staff is recommending the contract be offered to Carolina Fibre Corporation. At the end of the five-year lease the County will own the machine, which has a life expectancy of twenty to thirty years. Item 10 - Approval of Financing with Bank of American for Computer Infrastructure Upgrade and Associated Budget Amendment #05-0206 Information Technology Director Leslie Stanfield clarified that the funds that were budgeted for this year for the operational lease will be transferred to the installment debt for the payment due June 29, 2005. Next year's budget will be adjusted to move funds from Information Technology to the Installment Payment budget. Item 14 - Approval of Application for Grant from the North Carolina Department of Environment and Natural Resources to Provide Pedestrian Access to Public Beaches and Public Trust Waters Senior Planner Chris O'Keefe clarified that the adjacent homeowners were notified, one by telephone and the other by hand-delivered letters to two residences. The request before the Board is for approval to submit a preliminary application for funds. Following submittal and review by the State a final application may be submitted. The final application will require a public hearing, Board approval and dedication of matching funds. John Manning, an adjacent property owner, requested that he be kept informed on the status of the grant application. Hearing no further comments, Chairman Greer called for a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meeting as presented by the Clerk to the Board: Budget Work Session, April 28, 2005 Regular Meeting, May 2, 2005 Closed Session, May 2, 2005 Award of Bid and Contract #05-0234 for Nutrition Services - Department of Aging The Commissioners awarded the bid for nutrition services to Newbold's Carolina Seafood and BBQ, Inc of Richlands, North Carolina at a per meal price of $2.59 and approved contract #05-0234. This is a five-year contract beginning July 1,2005, that provides meals for the congregate and home delivered meal program. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 317 Award of Contract #05-0232 for Lease of Baler at the Recycling Facility - Environmental Management The Commissioners awarded the low bid for a baler to Carolina Fibre Corporation of Greensboro, North Carolina and approved contract #05-0232. The monthly rent of$5,000 is deducted from the monthly sales. Based on the past five-year history at the County Recycling Facility along with pricing projections it is projected that the sales will offset the monthly payments during the duration of the lease. At the end of the lease, the County will own the baler. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.2. Award of Preposition Contract #05-0292 for Debris Removal- Environmental Management The Commissioners awarded the low bid for debris removal to Tarheel Specialties, Inc. of Linden, North Carolina and approved preposition contract #05-0292. The County is not obligated to pay for any services unless a Notice to Proceed is issued. If a Notice to Proceed is not issued, the contract will expire on June 30, 2006. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.3. Acceptance of 2004 Firefighters Assistance Grant for Ogden Volunteer Fire Rescue, Inc. and Associated Budget Amendment #05-0203 -Fire Services The Commissioners accepted the 2004 Firefighters Assistance Grant for Ogden Volunteer Fire Rescue, Inc. in the amount of $115,790 and approved the associated budget amendment #05-0203. The funds will be used for personal protective clothing, training equipment and facilities modifications. This is a one-time grant requiring a 10% match of $11,579. The funding for this match has been included in the FY 04-05 approved budget. Budget Amendment #05-0203 - Special Fire Services District Adiustment Debit Credit Fire Departments: Administrative Reserve Ogden Volunteer Fire District $11,579 $11,579 Explanation: 2004 Firefighters Assistance Grant Match. To transfer funds from Fire Services District Administrative Reserve to 0 gden VFD for the County match. The grant funds are to purchase additional sets of turnout gear, other protective gear, and upgrades to the station training room and fire alarm system. Approval of Exchange Method of V arious Surplus Air Packs, Respirators, and Masks from the Fire Services and Associated Budget Amendment #05-0202 - Fire Services The Commissioners approved the exchange method of various surplus air packs, respirators, and masks that Fire Services needed to dispose of which are valued at $8,120. The items are currently insufficient for NHC Fire Services operation but would be useful to the Calabash Volunteer Fire Department. The Calabash Volunteer Fire Department is in possession of a boat, trailer and motor that is surplus but would be useful to NHC Fire Services and are valued at $6,000. Calabash Volunteer Fire Department will provide NHC Fire Services with the boat, trailer, and motor and pay an additional amount of$2,120. General Statute l60A-274 authorizes the County Board of Commissioners to approve this type of transfer of property. Budget Amendment #05-0202 - Special Fire Services District Adiustment Debit Credit Fire Departments: Other Motor Vehicle Purchases $8,120 $8,120 Explanation: To budget acquisition of a 2001 covered fabric inflatable boat, motor, trailer and pump received from Calabash Volunteer Fire Department. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.4. Acceptance of Additional Funding for the Women's Preventive Health Program and Approval of Associated Budget Amendment #05-0209 - Health Department The Commissioners accepted additional funding in the amount of $2,063 for the Women's Preventative Health Program and approved the associated budget amendment #05-0209. The funds will be used to support the Family Planning Program for FY 04-05. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 318 Budget Amendment #05-0209 - Health Department Adiustment Debit Credit Women's Health: State Grant Departmental Supplies $2,063 $2,063 Explanation: An additional award for FY 04-05 from Women's Health Service Funds and Title X Funds. The funds are to be spent in support of Family Planning Program Services for any approved Family Planning expenditure to include contraceptives. Approval to Submit an Application to National SAFE KIDS and General Motors for a Mobile Care Seat Van- Health Department The Commissioners approved a request from the Health Department to submit an application to National SAFE KIDS and General Motors to be considered to receive a van that comes stocked with all materials needed for seat-check events, RISK WATCH events, public campaigns, and Consumer and Provider Car Seat Classes. New Hanover County is the only certified county eligible to receive this van in the Southeastern Region of North Carolina. Approval of Personnel Policy Revisions - Human Resources Department The Commissioners approved the following Personnel Policy Revisions: . Revision One - With the conversion to new payroll and personnel software in July, we will maintain leave accruals and usage with decimals rather than minutes. (Example: 3 hours and 45 minutes will become 3.75 hours). In the following personal and sick leave policies, there are references to accrual rates that must be revised for consistency with the new software. . Revision Two - This revision involves deleting two existing extended sick leave policies, the advanced sick leave policy and the leave share policy. Currently, an employee may twice be advanced 96 hours (12 days) of sick leave by the County and receive donations of sick leave from other employees to use as additional leave or pay back the loan of advanced sick leave by the County. In cases of catastrophic illness, these policies were to supplement paid leave when the employee has exhausted accrued paid leave. Weare proposing the replacement of these two policies with a sick leave bank policy. The new policy would eliminate the liability created for the County by the existing policy (loans of advanced sick leave which are not paid back if the employee does not return to work). It also requires the employee to invest his or her own personal leave in the program in order to benefit from it. Also, the new sick leave bank policy is compatible with the County's new payroll and personnel software, whereas the current provisions are not. Revision One is to be effective with the implementation of the new payroll and personnel software, which is expected to be July 1,2005 and Revision Two is to be effective August 1,2005. Approval of Financing with Bank of America for Computer Infrastructure Upgrade and the Associated Budget Amendment #05-0206 and Adoption of the Reimbursement Language - Information Technology The Commissioners approved financing with Bank of America for computer infrastructure upgrade and the associated budget amendment #05-0206, and adopted the reimbursement language. Budget Amendment #05-0206 - General Government/Non-Departmental Adiustment Debit Credit Information Technology: Installment Loan Proceeds Contracted Services Other Improvements Non-Departmental: Installment Lease Payments $246,913 $ 26,614 $246,913 $ 26,614 Explanation: To increase revenue for accounting purposes to record receipt of installment funding proceeds for computer infrastructure. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.5. Adoption of Resolution in Support of House Bill 1402 to Provide Fairness in Medical Charges for County Prisoners - Sheriff's Office The Commissioners adopted the resolution in support of House Bill 1402 that is currently under consideration by the General Assembly. The Bill would help counties by placing a cap on prisoner medical expenses. Such medical costs would not be allowed to be more than those fees permitted by the Industrial Commission in workers compensation cases. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 319 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.6. Authorization to Submit a Grant Application to the National Network of Libraries of Medicine Southeastern/Atlantic Region- Library The Commissioners authorized the Library to submit a grant application to the National Network of Libraries of Medicine Southeastern/Atlantic Region in the amount of $40,000. If awarded, the funds will be used to introduce computer skills and health information on the internet into the community through classes held in a variety oflocations and to target specific groups in underserved and at-risk communities. No local match is required. Authorization to Submit a Grant Application to the MetLife Foundation to Support Science Programming and Exhibits - Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to the MetLife Foundation in the amount of$86,245. If awarded, the funds will be used to develop and implement programs and exhibits designed to teach about the ocean environment. The museum will partner with UNCW - Marine Center to gain a wider audience for cutting-edge marine science research. Authorization to Submit a Grant Proposal to the North Carolina Department of Environment and Natural Resources to Provide Pedestrian Access to Public Beaches and Public Trust Waters - Planning Department The Commissioners authorized the Planning Department to submit a grant proposal to the North Carolina Department of Environment and Natural Resources. If awarded, the funds will be used to provide pedestrian access to public beaches and public trust waters. The Planning Department and the Parks Department have several potential projects that would enhance access to the coast for New Hanover County residents. The final application will require a public hearing and dedication of matching funds for selected projects. The Board will be given the opportunity to review and approve the final application. Approval to Budget Additional Funds and Associated Budget Amendments #05-0204, #05-0205, #2005-50 and #2005-51- Sheriff's Office The Commissioners approved the following budget amendments: Budget Amendment #05-0204 - General Fund/Sheriff's Office Adiustment Debit Credit Finance: Sales Tax 1 Cent Sheriff's Office/Detention: Salaries and Wages $459,000 $459,000 Explanation: To budget a greater than anticipated sales tax revenue of $459,000 to assist the Sheriff s Office in offsetting the FY 04-05 salary shortfall due to a staffing shortage/overtime need caused by a greater- than-anticipated inmate population since the new Detention center opened in October 2004. Budget Amendment #05-0205 - Sheriff's Office Adiustment Debit Credit Administration: Other Contributions from School Detention: Salaries and Wages Vice: M&R - Auto and Trucks Detectives: Salaries and Wages Overtime Pay Social Security Taxes Retirement - Local Government Employee Retirement - 401 K Medical Insurance Expense Long Term Disability Insurance $14,046 $18,014 $ 4,806 $ 9,240 $12,392 $ 1,586 $ 1,069 $ 684 $ 699 $ 1,545 $ 39 Explanation: To budget the following: 1) $9,240 received by North Carolina Superior Court for unclaimed funds either seized as evidence for the crime or abandoned property, which no person has made claim, 2) $18,014 from New Hanover County Schools as contracted for a Deputy's salary/fringes for the last 3.5 months for FY 04-05 to work as a Gang Intelligence Officer in the schools, and 3) $4,806 from Cape Fear Community College for instructional services provided by detention staff as part ofthe continuing education program (course title, L/E/O Direct Supervision of Inmates). NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 320 Budget Amendment #2005-50 - Sheriff's Office Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax Capital Expense Project $4,494 $4,494 Explanation: To increase budget for additional revenue received on April 29, 2005. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Budget Amendment #2005-51 - Sheriff's Office Adiustment Debit Credit Federally Forfeited Property: Federally Forfeited Property Other Capital Project Expense $31,766 $ 4,980 $36,7 46 Explanation: To increase budget as follows: 1) $31,766 in additional revenue received on April 11 and 29, 2005, and 2) $4980 as reimbursement for demolition and removal of structure located at 834 Seabreeze Road, per District Court Settlement Agreement dated September 2, 2003. Additional Information: 1) Federal Forfeited Property funds are budgeted as received and must be used forlaw enforcement as the Sheriff deems necessary, and 2) the cost of demolition and removal of structure located at 834 Seabreeze was paid for from Federally Forfeited Property funds; therefore, the reimbursement should be budgeted in Fund 348. Acceptance of Tax Collection Reports through April 30, 2005 - Tax Department The Commissioners accepted the following Tax Collection Reports through April 30, 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 21.7. Adoption of Resolution Authorizing the County to Enter into an agreement with the North Carolina Department of Transportation for the Job Access Reverse Commute Grant - Transportation Department The Commissioners adopted the resolution authorizing the County to enter into an agreement with the North Carolina Department of Transportation for the Job Access Reverse Commute Grant in the amount of $122,000. The Commissioners approved the grant on June 3, 2002. The contract for the second round of funding has been received. The County is providing a $122,000 match through Temporary Aid to Needy Families and Work First Transportation. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.8. Approval of Budget Amendment #05-0207 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #05-0207 - Health Department Adiustment Debit Credit Child Care Health Consultant: Child Care Health Consultant Salaries and Wages Departmental Supplies Training and Travel $12,619 $10,852 $ 500 $ 1,267 Explanation: Budget amendment needed to match County budget to actual approved grant expenditure funding. REGULAR ITEMS OF BUSINESS PRESENTA TION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Ten-Year: Fifteen- Year: John T. Leonard - Sheriffs Office Sarah T. Sholar - Inspections NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 321 On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation, and thanked them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager O'Neal requested the following new employees to stand and be introduced: Samuel Gaston - Property Management Charline McClendon - Property Management Esther Watson-Hall- Social Services Rebecca Hewitt - Social Services Cynthia McClendon - Social Services On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success with their new positions. CONSIDERATION OF PROCLAMATION DECLARING MAY 2005, AS SPORTING WILMINGTON MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Commissioners have been requested to declare May 2005, as Sporting Wilmington Month in New Hanover County. Chairman Greer read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring May 2005, as Sporting Wilmington Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.9. CONSIDERA TION OF PROCLAMATION DECLARING MAY 22, 2005, AS NATIONAL MARITIME DA YIN NEW HANOVER COUNTY Chairman Greer reported that the Commissioners have been requested to declare May 22,2005, as National Maritime Day in New Hanover County. Commissioner Pritchett read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring May 22, 2005, as National Maritime Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.10. CONSIDERATION OF PROCLAMATION DECLARING MAY 15-21,2005,AS MUSEUM WEEK INNEW HANOVER COUNTY Chairman Greer reported that the Board of Commissioners has been requested to join Governor Easley in proclaiming May 15-21,2005 as Museum Week in New Hanover County. Chairman Pritchett read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring May 15-21,2005, as Museum Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.11. CONSIDERATION OF PROCLAMATION DECLARING THE WEEK OF MAY 21-27 2005, AS SAFE BOATING WEEK IN NEW HANOVER COUNTY Chairman Greer reported that Public Relations Officer for Cape Fear Power Squadron John McGill has requested the Board declare May 21-27, 2005, as Safe Boating Week in New Hanover County. Vice-Chairman Caster read the proclamation into the record. Chairman Greer requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adopt the proclamation declaring May 21-25,2005, as Safe Boating Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 322 A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.12. CONSIDERATION OF RESOLUTION IN SUPPORT OF HOUSE BILL 1542 Chairman Greer reported that the Board of Commissioners has been requested to adopt the resolution in support The Beach and Coastal Waterways Conservation, Restoration and Public Access Act - HB 1542. This bill establishes a mechanism to seek possible state and local funding for beach re-nourishment, conservation and restoration of our waterways in view of recent cuts in federal funds for these projects. Vice-Chairman Caster read the resolution into the record. Chairman Greer requested a motion for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution in support of House Bill 1542 - The Beach and Coastal Waterways Conservation, Restoration and Public Access Act. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.13. PRESENTATION ON PORTS, WATERWAY AND BEACH COMMISSION Chairman Greer introduced Rick Catlin, Chairman of the North Carolina Shore and Beach Preservation Association and requested that he give the presentation on the current issues for the Ports, Waterway and Beach Commission. Mr. Catlin reported on the budget crisis that is facing the Ports, Waterway and Beach Commission: . Budget 2006 - The Corps of Engineers budget has been reduced to $ 4.5 billion in budget year 2006 and expects a 3% decrease over the next five years. o $19.9 million was recommended to complete the harbor proj ect passing lanes, the improvements to Eagle Island and award a contract for dredging. o $890,000 was recommended for Masonboro Inlet at Wrightsville Beach. o The waterways and inlets did not receive funding. . The Budget 2007 preparation is underway and the Commission is seeking ways to appropriate for funds. Mr. Catlin reported that the North Carolina Shore and Beach Preservation Association has expanded its name to become the North Carolina Beach, Inlet and Waterway Association and is merging and working closely with other organizations to increase their influence. Mr. Catlin requested that the Board continue financial support and consider additional financial support for funding of a study assessing the economic impacts and benefits of recreational boating along the Intracoastal Waterway in North Carolina, thanking the Board for approving the resolution in support of House Bill 1542 - The Beach and Coastal Waterways Conservation, Restoration and Public Access Act. Chairman Greer asked for direction from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve funds in the amount of $20,000, if possible, from the Room Occupancy T ax for funding of the study assessing the economic impacts and benefits of recreational boating along the Intracoastal Waterway in North Carolina. After brief discussion on the legality of using Room Occupancy Tax money for this study Commissioner Pritchett suggested tabling this item until the end of the meeting to allow County Attorney Wanda Copley to make the determination. Chairman Greer withdrew the motion. THE CAPE FEAR MUSEUM PROGRESS REPORT Chairman Greer requested that the Cape Fear Museum Advisory Board Chairman Don Fishero present the museum progress report. Mr. Fishero reported that the mission of the Cape Fear Museum is to collect, preserve, and present the history, science, and culture of the Lower Cape Fear Region through educational programs and exhibits. The Cape Fear Museum continuing initiatives are: . Management of collections - 42,000 catalogued artifacts . Quality programs teaching history and science - 11,500 school; 35,000 visitors . Facilities - new signs, remote monitoring, plans for gift shop and Facilities Master Plan. . Governance working in concert - joint planning retreat, cooperative committees, amending by-laws, working boards, and quality staff. . Funding - maintain County support, Grassroots Science Museum, increased membership and corporate support, Junior League and EE Funds Grants, Pre-feasibility study, and successful gala. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 323 . Marketing - Gateway experience: media sponsorships, identity and attendance, joint marketing, award- winning material, and hosted Azalea Festival Past Present reception. . Projects Ahead - o Williston Auditorium o Learning Center o Waves & Currents o Collections Plan, Fundraising o Museum Shop o Disaster Plan o Facilities Plan . Exhibits and Programs for 2005-2006 o Living Small: Crafting Miniatures - June 17 o 3rd Flavor of the Past - August 27 o Community Conversations - fall and winter o Gala Rendezvous - February 4 o History Collaborative lectures - March 2 o Flip It, Fold It, Figure It Out - May 26 On behalf of the Board, Chairman Greer thanked Mr. Fishero for the update. PRESENTATION OF FY 2005-2006 RECOMMENDED BUDGET Chairman Greer asked County Manager O'Neal to present the Fiscal Year 2005-2006 Recommended Budget. County Manager O'Neal stated that the FY 2005-2006 Recommended Budget is being presented after completing a thorough budget review and in accordance with the County Commissioners' directive to prepare a budget with no tax increase with a tax rate of 68 cents. The recommended budget includes: . Significant increases in expenditures o $2 million - schools o $3.4 million - Sheriff's Office/Detention Center o $ 1.2 million - Medicaid o $1.6 million - debt service . Public Schools - recommended $71.2 million; schools operating expenses increase $2.6 million; locally funded positions salary increase; increase in school population . Cape Fear Community College -recommended $5.7 million; $3.9 million debt service from previous bonds . Sheriff's Office - recommended $27.9 million; full year funding of thirty-seven additional detention center positions; additional sixteen Detention Center staff; two positions for the Gang Task Force . Medicaid - recommended $9.3 million . Personnel Issues - o Forty-three new positions o 2% merit and 2% market for deserving employees o Increase in health and dental insurance . Public Safety Communications - o 800 MHz - projected cost $8.5 million o Updated phone system - $1 million . Environmental Management Fund balanced with $46 tip fee . Fire Service District Fund - no change, remains 6 cents . Water/Sewer - no change . Non-County agencies remain fairly constant . Revenues - o Tax base growth to $18.5 billion o One penny equals $1.8 million . Fund Balance - $4 million appropriated to General Fund County Manager O'Neal expressed his appreciation to the Budget Department staff for their hard work and proposed June 6, 2005 at 6:00 p.m. for the budget public hearing date and June 20, 2005 for the adoption of the FY 2005-2006 budget. After brief discussion, the consensus of the Board was that an additional budget work session was not necessary and set the dates of June 6, 2005 at 6:00 p.m. for the budget public hearing date and June 20, 2005 for the adoption ofthe FY 2005-2006 budget. BREAK: Chairman Greer called for a break at 10:42 a.m. until 11 :02 a.m. CONSIDERATION OF REQUEST TO ESTABLISH A FIRE INVESTIGATION TASK FORCE Chairman Greer reported that Fire Marshal Matt Davis and Fire Services Chief Donnie Hall were requesting to establish a Fire Investigation Task Force and requested they make the presentation. Fire Marshal Davis reported that the objective in the formation of the Fire Investigation Task Force is to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 324 combine the skills and expertise from each agency to ensure that each fire investigation will flow smoothly from the fire scene examination through the court process, to a successful prosecution. In addition, the exchange of information from each agency will be invaluable. These objectives can be accomplished with teamwork, coordination, cooperation, and a total commitment from each member. The concept of the Fire Investigator, Law Enforcement Officer, State Bureau ofInvestigationAgents, and the Bureau of Alcohol, Tobacco and Firearms working side-by-side at fire scenes and on follow-up investigations, has led to more arrests and convictions throughout the state of North Carolina. The New Hanover County Sheriffs Office, City of Wilmington Fire Department, N.C. State Bureau of Investigation and the Bureau of Alcohol, Tobacco and Firearms have all agreed to participate in this joint effort. There is no anticipated cost associated with the task force,just a combination of resources. Staff is requesting that the Board approve the establishment of a Fire Investigation Task Force. Fire Services Chief Donnie Hall stated the importance of establishing the fire investigation task force and requested the Board's support. Chairman Greer requested a motion for approval from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to approve establishing a Fire Investigation Task Force. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSIDERATION OF REPORT BY ACTION AUDITS, LLC AND ADOPTION OF 2005 RATE ORDERS FOR CABLE SERVICES IN UNINCORPORATED NEW HANOVER COUNTY David Permar, attorney representing Action Audits, LLC, spoke on the role of the local government related to cable rate regulations stating that the Board's purpose is to determine ifthe rates for the Basic Service Tier (EST) are just and reasonable. Action Audits is functioning as the Board's public staff in the review of the rate application that Time Warner Cable (TWC) filed. Action Audits has done their investigation and have a recommendation for the Board. New Hanover County's cable consultant, Catharine Rice with Action Audits, LLC reported that they have completed their investigation of TWC's recovery of its cable system upgrade costs. The investigation has found that: . TWC has been recovering its capital upgrade investment from ratepayers for the past 10 years . There is concern that there is substantial potential for over recovery by TWC . Recovery was allowed under the Social Contract from 1996-1999 . Further recovery was allowed under Form 1235 from 2000 to the present. . The Form 1235 only allows TWC to recover the cost of upgrade plant used for regulated service . Under the cost of service Form 1235, TWC had a right to collect the BST portion in the amount of $2.18 million. By 1999, it had collected $7.347 million under the Social Contract. BS T customers had paid 93% of that in the amount of $6.833 million . TWC should not have initiated the Form 1235 process because the upgraded BST portion of cable system was repaid by December 31, 1999 . Since 2000, TWC has collected an additional $2.27 million from BST customers for the regulated portion of the upgraded cable system, including a rate return and expenses . TWC should never had collected, and should no longer collect a Form 1235 upgrade fee from its regulated service customers Harold Seagle, Time Warner Cable Attorney, reported that TWC has provided all information requested by Action Audit. The only additional information provided was supplemental information, which was included with the Form 1235 when the Board approved it in January 2001. The Form 1235 filing is provided for the allocation of certain financial recovery for capital expenditures for the BST. The Board is responsible for regulating the BST but is not responsible for regulating the Social Contract. Commissioner Davis asked Mr. Seagle if the Social Contract applied to the BST. Mr. Seagle stated that the Social Contract applied to the upper tier service and did not apply to the BST. Commissioner Davis stated that ifhe had been made aware that $6.84 million had been collected through the Social Contract toward a debt of$2.l2 million, he would not have voted in January 2001, to approve TWC proceeding with Form 1235. Chairman Greer clarified with Mr. Permar that in the filing process of Form 1235, previously collected amounts through the Social Contract are not included. Mr. Seagle reported that TWC provided the FCC with all the required information for filing the Form 1235 and that same information has been provided to the County and the County's consultants since January 2001. The FCC would have to determine if TWC inappropriately filed the Form 1235 and requested that the Board approve the resolution accepting Forms 1240, 1235, and 1205. Commissioner Kopp clarified with County Attorney Copley that this issue was currently on appeal with the FCC. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 325 Mr. Permar reported that the appeal before the FCC was not an appeal for New Hanover County BST subscribers but for the City of Wilson BST subscribers and the issues were not identical. Commissioner Kopp asked County Attorney Copley if the City of Wilson's appeal before the FCC is the same as it relates to the Social Contract and the Form 1235. County Attorney Copley responded that New Hanover County would need to file an appeal due to the uniqueness of each franchise. Mr. Seagle stated that if the Board voted to deny the Form 1235 TWC will appeal that decision to the FCC. Vice-Chairman Caster clarified with Mr. Permar that the Board approved the Form 1235 in January 2001 based upon the recommendation of Action Audits. Ms. Rice stated that TWC should have "backed-out" the amount collected through the Social Contract when filing the Form 1235. Commissioner Kopp stated that the Board hired consultants and took the advise of the consultants to approve the Form 1235 in January 2001 and asked County Attorney Copley to recommend either Resolution One or Resolution Two. County Attorney Copley stated that the Board should take into consideration the consultant's recommendation but also needed to consider the information presented. She cautioned the Board that TWC could seek de-certification by the FCC and if approved the Board would loose their rate regulatory authority. Mr. Seagle responded that if TWC did receive de-certification by the FCC the decision would be based on the evidence that there was sufficient competition and no longer a need or right to regulate cable BST fees. Ms. Rice stated that other cable companies across the country are filing for effective competition and the FCC is awarding de-certification and the Board's rate regulatory authority could cease. Franchise fees would not be lost. County Attorney Copley stated that there are two resolutions for the Board's consideration. Resolution One is acceptance of Forms 1240, l235and 1205 and Resolution Two is acceptance of Forms 1240 and 1205 and Rejection of Form 1235 and order for refund of over collected basic service tier network upgrade revenues to customers. Hearing no further comments, Chairman Greer asked for direction from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to approve the resolution accepting Forms 1240, 1235 and 1205. Upon vote, THE MOTION CARRIED THREE TO TWO. Commissioner Davis and Commissioner Pritchett voted in opposition. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 21.14. COMMITTEE APPOINTMENTS Appointments to the Bicycle Advisory Committee Chairman Greer announced that one vacancy needed to be filled on the Bicycle Advisory Committee. He reported that two applications were received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Elizabeth Peterson to serve a three-year term on the Bicycle Advisory Committee with the term to expire on May 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointments to the Commission for Women Chairman Greer announced that two vacancies needed to be filled on the Commission for Women. He reported that seven applications were received with Karen V. Chapple and Ann Seymour being eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Karen V. Chapple and Ann Seymour to serve on the Commission for Women with the terms to expire on May 31, 2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Port, Waterway and Beach Commission Chairman Greer reported that the Board is being requested to add a position on the Port, Waterway and Beach Commission. This appointee will be a member serving on the North Carolina Beach, Inlet and Waterway Association who represents New Hanover County. Chairman Greer requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to add a position to the Port, Waterway and Beach Commission and to appoint Rick Catlin to serve on the Port, Waterway and Beach Commission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 326 Upon vote, the MOTION CARRIED UNANIMOUSL Y. Additional Item: Approval of Funding for the Study Assessing the Economic Impacts and Benefits of Recreational Boating along the Intracoastal Waterway in North Carolina Chairman Greer announced that County Attorney Wanda Copley has made a determination that the use of Room Occupancy Tax funds is not a permitted use to fund the study assessing the economic impacts and benefits of recreational boating along the Intracoastal Waterway in North Carolina. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve funding the study assessing the economic impacts and benefits of recreational boating along the Intracoastal Waterway in North Carolina in the amount of$20,000 and the related budget amendment. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 12:32 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 12:47 p.m. 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. Gail Wolf, a potential homeowner in the Blossom Ferry subdivision, confirmed with Chairman Greer that the Board has endorsed the plan to move forward with the development ofthe water system and it would take approximately six months to complete. Peter Longo, resident on Mossy Rock Road, clarified with Assistant County Manager Dave Weaver that the homeowners' costs have not yet been calculated for the development ofthe water system for Blossom Ferry subdivision. LUNCH BREAK: Chairman Greer called for a lunch break at 12:51 p.m. until 1 :30 p.m. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to North Carolina General Statute Section G.S. 143- 318.11 (a)( 4) to consult with the County Attorney on matters relating to the location or expansion of industries or businesses served by the public body. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, pursuant to N.C. G.S. 143-318.11 (a)( 4) to convene to Closed Session to consider matters relating to the location or expansion of industries or businesses served by the public body. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer reconvened to Regular Session at 2:30 p.m. Chairman Greer announced that the Board, based on discussion with Scott Satterfield, Chief Executive Officer of Wilmington Industrial Development, is considering two economic development incentive grants. The economic development incentive grants would be for the expansion of the General Electric Company and for the expansion of Fortron Industries: General Electric Company's proposed expansion includes increasing its aircraft division by one hundred employees and its nuclear division by one hundred employees with a minimum investment in the amount of$4l million at the Castle Hayne plant. The economic development incentive grant will be in the amount of $2.1 million paid over a seven-year period based on a minimum investment of $41 million and the hiring of one hundred employees at the aircraft facility and one hundred employees at the nuclear facility. Specific contract details would be worked through the County's Legal Department. F ortron Industries' proposed plant expansion includes increasing its manufacturing of plastic products capacity with a minimum investment in the amount of $57 million at their facility off U.S. 421 North. The economic development incentive grant will be in the amount of $1.75 million paid over a five-year period based on a minimum investment of $57 million. Specific contract details would be worked through the County's Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 16,2005 BOOK 30 PAGE 327 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the economic development incentive grant for the General Electric Company in the amount of $2.1 million over a seven-year period and for F ortron Industries in the amount of $1.75 million over a five-year period with specific contract details to be worked through the County's Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSL Y. ADDITIONAL ITEMS Items Presented by County Manager Allen O'Neal County Manager O'Neal announced that Information Technology Director Leslie Stanfield has successfully completed the County Administration Course at the School of Government in Chapel Hill. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: The Water Resource Conference, PT A Council Annual Volunteer Banquet, judged senior projects at Ashley High School, Watershed Advisory Committee meeting, Cape Fear Community College graduation, Lower Cape Fear Water & Sewer Authority, New Hanover Regional Medical Center meeting with Jack Barto, the Cape Fear River Assembly 32nd Annual meeting, and the Peace Officers Memorial Sunday at Grace Baptist Church. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the following meetings and events: The Department of Social Services Dinner Honoring Foster and Adoptive Parents, the Peace Officers Memorial Sunday at Grace Baptist Church and the Local Emergency Planning Commission meeting. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 2:37 p.m. Respectfully submitted, Sheila 1. Schult Clerk to the Board