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2009-10-19 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 690 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 19, 2009, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mike Davis, Trinity United Methodist Church, gave the invocation. Commissioner Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes  Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on October 1, 2009 Regular Session meeting held on October 5, 2009 Approval of 2010 Schedule of Regular Board of Commissioners Meetings  Governing Body The Commissioners approved the 2010 Schedule of Regular Board of Commissioners Meetings. A copy of the schedule is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 20.1. Ratification of Grant Application Submitted to the Cape Fear Memorial Foundation to Purchase Medical Equipment, Acceptance of Partial Grant Award and Adoption of Budget Ordinance Amendment 10-074 Fire Services The Commissioners ratified the grant application submitted to the Cape Fear Memorial Foundation by Fire Services in the total amount of $45,500, accepted the partial grant award in the amount of $23,000, and adopted Budget Ordinance Amendment 10-074. The funds will be used to purchase ten automatic external defibrillators. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 20.2. Authorization to Submit an Application to the North Carolina Department of Health and Human Services Division of Public Health Asthma Program  Health Department The Commissioners authorized the Health Department to submit a grant application to the North Carolina Department of Health and Human Services Division of Public Health Asthma Program in the amount of $15,000. If awarded, the funds will be used to purchase materials, media campaign resources and promote the smoke free public places initiative. No local match is required. Approval of Revisions of the New Hanover County Personnel Policy  Human Resources The Commissioners approved revisions to the New Hanover County Personnel Policy with notable changes to Articles 6-10. A copy of the personnel policy is available for review in the Human Resources Department or on the Countys website. Acceptance of North Carolina Division of Aging and Adult Services Grant Funds and Adoption of Budget Ordinance Amendment 10-077  Senior Resource Center The Commissioners accepted grant funds from the North Carolina Division of Aging and Adult Services in the amount of $56,001 and adopted Budget Ordinance Amendment 10-077. The funds will be used in the Elderly Nutrition Services program as follows: · Congregate - $37,527 plus a $4,170 County match (10%) · Home Delivered- $18,474 plus a $2,053 County match (10%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 691 The required match is available in the Senior Resource Center Nutrition FY09-10 adopted budget. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 20.3. Authorization to Submit a Grant Application to the North Carolina Senior Center  Senior Resource Center The Commissioners authorized the Senior Resource Center to submit a grant application to the North Carolina Senior Center in the amount of $12,652. If awarded, the funds will be used to support and develop programming and general operations. The local match of $4,218 is included in the Senior Resource Center FY09-10 adopted budget. Approval of Release of Tax Values  Tax Department The Commissioners granted the recommended taxpayers the senior citizen/disability exclusion and the delinquent applications for exemption from property tax as presented. A copy of the senior citizen/disability exclusion and delinquent applications for exemption report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 20.4. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-067 - Health 10-069 - Health 10-070 - Finance 2010-24 - Sheriff's Office 2010-25 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 20.5. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Dustin Baker, Sheriffs Office Jeremy Brewer, Sheriffs Office Rozann Burdick, Department of Social Services Ten Year: Gregory Benton, Property Management Carmen Larkins, Health Department Fifteen Year: David Brunson, Property Management Judy Evonko, Health Department Twenty Year: Travis Robinson, Sheriffs Office On behalf of the Board, Chairman Davis presented a service award to each employee, expressed appreciation, and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employee to stand and be introduced: Gail Carelli, Department of Social Services On behalf of the Board, Chairman Davis welcomed Ms. Carelli to County Government and wished her success in her new position. RECOGNITION OF COUNTY PARTICIPATION IN THE 2009 SUMMER YOUTH EMPLOYMENT PROGRAM BY LEADING INTO NEW COMMUNITIES, INC. Leading into New Communities Executive Director Frankie Roberts recognized the Engineering Department, Fire Services, Health Department, Human Resources Department, Social Services Department and Tax Department for their participation in the 2009 Summer Youth Employment Program. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 22, 2009 AS LIGHTS ON IN NEW HANOVER COUNTY AFTERSCHOOL DAY Chairman Davispresented the request for the Boards consideration to proclaim October 22, 2009 as Lights on Afterschool Day in New Hanover County. Vice-Chairman Thompson read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 692 Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing October 22, 2009 as Lights on Afterschool Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Kids Making It, Inc. Director Jimmy Pierce was present to receive the proclamation and provide an overview of the Kids Making It, Inc. program. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 20.6. ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 2009 AS ADOPTION AWARENESS IN NEW HANOVER COUNTY MONTH Chairman Davis presented the request for the Boards consideration to proclaim November 2009 as Adoption Awareness Month in New Hanover County. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the proclamation recognizing November 2009 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Department of Social Services Director LaVaughn Nesmith and Assistant Director Wanda Marino were present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 20.7. AUTHORIZATION TO USE ROOM OCCUPANCY TAX FUNDS TO FUND A FEASIBILITY STUDY TO EXPLORE THE POTENTIAL FOR NEW HANOVER COUNTY TO SEEK PERMITTING AND FUND ITS OWN BEACH NOURISHMENT PROJECTS Assistant County Manager Dave Weaver reported that the Port, Waterway, and Beach Commission at its September 30, 2009 meeting, voted unanimously to recommend to the Board of County Commissioners that Room Occupancy Tax Funds be used to fund a feasibility study to evaluate the potential for the County to seek permitting and fund its own beach renourishment projects. Port, Waterway, and Beach Commission Chairman Rick Catlin presented the request stating that the study will explore and evaluate the possibility of the County seeking their own permitting of beach renourishment projects. If no Federal funding is available the County could get the permits and fund the project, if Federal funding is available, then with existing permits, the County could add to the scope of the project. In response to Board questions, Mr. Catlin responded that the study, among other items, will explore the feasibility of purchasing a dredge. There is no cost, other than staff time, associated with the RFP process and there is no obligation to follow the recommendations of the study. In response to Board questions, Mr. Weaver clarified that the State share has been reduced from a 75% State/25% Local to 50% State/50% Local. In response to Board questions, Finance Director Avril Pinder reported that Room Occupancy Tax Funds are down from $2.0 million last year to $1.4 million this year. Commissioner Greer requested the study include the feasibility of purchasing a dredge and the associated equipment. Chairman Davis voiced his concern about the County funding renourishment projects stating that historically that has been a Federal responsibility. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to authorize the use of Room Occupancy Tax Funds to fund a feasibility study to explore the potential for the County to seek permitting and fund its own beach renourishment projects. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON PROPOSED WILMINGTON TROLLEY SYSTEM Bill Bryden, Chair of the newly formed Ad-Hoc Wilmington Trolley Committee, presented an overview of the proposed Wilmington Trolley System highlighting the following: · Install and operate a street rail system serving the Wilmington Multi-Modal Transportation Center, the Wilmington Convention Center, Major downtown Wilmington Attractions, Government facilities, and parking facilities. · Streetcars are steel-wheeled cars run on fixed rails and powered by electricity through overhead wires or self-propelled. · Presentation was made to the WAVE Transit Authority Board and at that time they appointed him Chairman of the Wilmington Trolley Committee. · The committee is comprised of two members representing the County, two members representing the City of Wilmington, and three members representing the Wilmington residents and business NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 693 community. · The purpose of the committee will be to complete a route study; select a route, procure capital funding, and fund operations. On behalf of the Board, Chairman Davis thanked Mr. Bryden for the presentation. ACCEPTANCE OF COMMUNITY CHILD PROTECTION TEAM MEMBERSHIP LIST Chairperson of the Community Protection Team and New Hanover County Health Department Personal Health Services Manager Janet McCumbee and New Hanover County Department of Social Services Assistant Director Wanda Marino presented the Community Child Protection Team Annual Report. The Community Child Protection Team was established in compliance with North Carolina General Statute to promote a community-wide approach to the problem of child abuse and neglect. The team is composed of agency representatives, child advocates, and citizens at-large who take action to identify and address gaps or deficiencies in services and resources through several avenues. Director of New Hanover County Department of Social Services LaVaughn Nesmith reported that in addition to the members mandated by law, up to five additional members may be appointed by the Board of County Commissioners. The suggested list of members is as follows: Lisa Savitts  Sheriffs Office Teresa Fountain  Wrightsville Beach Police Department Elizabeth Mandel  Child Advocacy and Parenting Place Exchange Club Center Judge Jay Corpening  Chief District Court Judge Mary Ann Lama  Domestic Violence Shelter and Services, Inc. Robert Speight  Department of Juvenile Justice Diana Woolley  Citizen-at-large Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to accept the Community Child Protection Team list of names to be appointed as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Community Child Protection Team Annual Report is available for review in the Department of Social Services. APPROVAL OF AMENDMENTS TO THE LEGION STADIUM INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON Parks Director Neal Lewis reported in 1996 the County entered into an interlocal agreement with the City of Wilmington relating to the use of Legion Stadium football/soccer field and baseball field by New Hanover County School System and the use of school athletic facilities by the City for implementation of its youth and adult recreation leagues. At the time the agreement was executed, scholastic athletic activities taking place at Legion facilities included football, soccer, and baseball. As athletic activities have continued to increase the Legion Stadium Commission have recommended the following amendments to the Agreement: · The parties agree that up to 70% of the annual total usage of Legions Stadium Field and Hardee Baseball Field be allocated to New Hanover High School (based upon usage rates of the past 10 years) not to exceed 38 Legion Stadium uses and 70 Hardee Field uses per calendar year unless written authorization is obtained from the Legion Stadium Commission. It shall be the schools responsibility to assign which games will play on the stadium field. · The parties agree that schedules for New Hanover High Schools Spring scholastic athletic events be submitted to the City no later than the end of the first week of January for the calendar year in which the games will be played and Fall scholastic athletic schedules be submitted no later than July 1 of the calendar year in which the games will be played. · The parties agree that once the schedules are in possession of the City, those game dates will take precedence over any new requests to use the fields by private organizations. · The cost of periodic field repairs to the stadium field due to excessive wear and tear shall be shared by the City and New Hanover County Schools. The Schools shall pay 70% of the cost of resodding damaged areas of turf. The City shall pay 30% of the costs of resodding. The Schools annual payment for field repairs shall be due December 1 during each year of the agreement. · In recognizing that the organization titled Friends of Legion Stadium Complex is no longer active, the parties agree to replace that appointment to the Legion Stadium Commission with an at-large position to be recommended by the Citys Appointments Committee and approved by the Legion Stadium Commission The Wilmington City Council will consider approval of the amended language at their October 20, 2009, meeting. Commissioner Barfield voiced his concern stating that land needs to be identified for a field for New NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 694 Hanover High School. The County will need to provide the funds for the property to the school board. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the revisions to the Legion Stadium Interlocal Agreement with the City of Wilmington as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the interlocal agreement is available for review in the Legal Department. APPROVAL OF CONTRACT WITH THE STATE OF NORTH CAROLINA TO ACCEPT NORTH CAROLINA PARKS AND RECREATION TRUST FUNDS FOR THE DEVELOPMENT OF SMITH CREEK PARK AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 2010-23 Parks Director Neal Lewis reported that the North Carolina Parks and Recreation Trust Fund Authority has awarded a matching grant in the amount of $500,000 for the development of Smith Creek Park. The 93-acre park includes a 45-acre lake, and will be developed with a 1.25-mile paved walking trail, boat launch area with pier, picnic and restroom building, playground, and 51-space parking area. The County has set aside $500,000 of the funds generated through the sale of sand from digging the lake as the local match. This is a reimbursement grant meaning that the County will appropriate the funds to complete the work and then receive the matching funds upon inspection of the project by the North Carolina Department of Environment and Natural Resources. The project will be bid in early 2010, and should be completed within 12-18 months. The County has three years from the time of the execution of the grant to complete the project. Staff is requesting the Board approve entering into the contract with the State of North Carolina to accept $500,000 in North Carolina Parks and Recreation Trust grant funds for the development of Smith Creek Park, authorize the Chairman to sign the contract, and adopt the ordinance for budget amendment 2010-23. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to approve entering into the contract with the State of North Carolina to accept $500,000 in North Carolina Parks and Recreation Trust grant funds for the development of Smith Creek Park, authorize the Chairman to sign the contract, and adopt the ordinance for budget amendment 2010-23. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XXXII, Page 20.8. A copy of the contract is available for review in the Legal Department. PRESENTATION ON PROPOSED NEW HANOVER COUNTY ENDOWMENT PROGRAM County Manager Bruce Shell introduced the proposed New Hanover County Endowment Program. The proposed endowment program is an opportunity for those who share in the County's vision of service to help or expand these services in the future through an endowment program. The citizen could choose which services he or she would like to support. Some possibilities would be to fund a particular health program, senior citizen nutrition program, summer camp or tutoring opportunities for children, Department of Social Services clients, or a park. COMMITTEE APPOINTMENTS Appointment to the Jury Commission Chairman Davis reported that a vacancy needs to be filled on the Jury Commission with one new application having been received and one applicant eligible for reappointment and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to reappoint James F. Reid to serve a two-year term on the Jury Commission with the term to expire October 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Nursing Home Community Advisory Committee Chairman Davis reported that up to three vacancies need to be filled on the Nursing Home Community Advisory Committee with one new application having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Janie Kennedy to serve a one-year term on the Nursing Home Community Advisory Committee with the term to expire October 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. DanBrawley, Director of the Cucalorus Film Festival presented an overview of the festival requesting the Board approve funding when requested in February and participate in supporting the Arts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, OCTOBER 19, 2009 PAGE 695 ADDITIONAL AGENDA ITEMS APPROVAL OF COMMISSIONER PARTICIPATION IN THE EIGHTY HOURS OF FURLOUGH Chairman Davis led the discussion on the Commissioners voluntarily participating in the furlough hours that employees have been required to take before June 30, 2010. County employees are being required to take eighty hours without pay to help with the budget deficit. Motion : Chairman Davis MOVED, SECONDED by Commissioner Barfield, to participate in the eighty hours of furlough requirement before June 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. STATUS REPORT ON TRAILS END PARK Chairman Davis stated that according to the Boards last meeting on April 6, 2009 concerning Trails End Park, the County would be responsible for setting the guidelines for the park including the hours of operation. At that meeting, Staff was directed to meet with the neighbors for their input and recommendations. The Parks and Recreation Advisory Board would review the recommendations and then bring a recommendation to the Board of Commissioners for consideration. In response to Board questions, County Manager Bruce Shell reported that staff is continuing to work with the North Carolina Wildlife Resources Commission on the Memorandum of Understanding and the associated CAMA permit. In response to Board questions, Parks Director Neal Lewis confirmed that the North Carolina Wildlife Resources Commission can begin construction but the Memorandum of Understanding needs to be executed first. The Memorandum of Understanding does not address the hours of operation, nor is it required to address this issue. The Board of Commissioners can address that issue separately reminding the Board that the County does not have control of the existing boat ramp that is located at the end of Trails End Road and accessible twenty-four hours a day. After brief discussion, the consensus of the Board is to direct staff to move forward with the processing the Memorandum of Understanding and the associated CAMA permit. Staff is to meet with the neighbors for their input and recommendations. The Parks and Recreation Advisory Board will review the recommendations and then bring a recommendation to the Board of Commissioners for consideration that will include suggested hours of operation. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 11:01 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.