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HomeMy WebLinkAbout2005-10-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 432 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 17,2005, 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 Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; Interim County Manager Dave Weaver; 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 Director of the Human Relations Commission, Carl Byrd, Sr. gave the invocation. Commissioner Davis 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 remove an item from the Consent Agenda. Commissioner Davis requested that the minutes from the Special Meeting and Closed Session Meeting held on October 5, 2005 be removed from the Consent Agenda. Chairman Greer called for a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes ofthe Regular Meeting held on October 3, 2005 as presented by the Clerk to the Board. Adoption of Resolution to Add Alestone Drive, Aldrich Lane, Garnercrest Road and Hayden Drive in Middle Point/South Point Subdivisions to the State Highway System The Commissioners adopted the resolution to add Alestone Drive, Aldrich Lane, Garnercrest Road and Hayden Drive in Middle Point/South Point Subdivisions to the State Highway System (Div. File No. #1068-N). A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 30.1. Approval of Reappointment of Estelle J. Caporale to serve on the Jury Commission The Commissioners approved the reappointment of Estelle 1. Caporale to serve on the Jury Commission for a two-year term. The vacancy has been advertised for four months and no applications have been received. Ms. Caporale has offered to serve another term and the Clerk of Court's office is in agreement. Acceptance of Award of HUD Cooperative Agreement Continuation Grant and Approval of the Associated Budget Amendment - Human Relations The Commissioners accepted the award of the HUD Cooperative Agreement Continuation Grant in the amount of $36,916 and approved the associated budget amendment #06-0046. Budget Amendment #06-0046 - Human Relations Adjustment Debit Credit HUD Grant Contract Services $44,526 $44,526 Explanation: To adjust budget for 05-06 to actual amount ofHUD grant ($36,916) and to rollover unexpended grant funds from the FY 04-05 of $47,610. Approval to Accept Recommended Artifacts for Deaccession - Museum The Commissioners approved the list of artifacts recommended for deaccession. Cape Fear Museum continues to review the collection to identify objects that should to be removed because there are better examples; there is little or no proof of authenticity or of past ownership; or another equally compelling reason. All items recommended for deaccession have been reviewed and approved by the curator, director, collections committee and the Museum Advisory Board. Acceptance of Grassroots Arts Grant and Approval of the Associated Budget Amendment - Museum The Commissioners accepted the Grassroots Arts Grant in the amount of $51,210 and approved the associated budget amendment # 06-0054. At the time this item was approved on the consent agenda at the Board meeting on March 14,2005, New Hanover County was designated to receive $21,367. The NC General Assembly approved additional allocations resulting in an increase to the County. The new amount is $51,210. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 433 Budget Amendment #06-0054 - Museum/Grassroots Adiustment Debit Credit Grassroots Grant: Flow Thru Temporary Salaries Social Security Taxes Contracted Services Supplies Postage Expense $51,210 $40,968 $ 4,302 $ 330 $ 3,350 $ 1,950 $ 310 Explanation: To budget Grassroots grant funds in the amount of $51,210. The flow thru amount of $40,968 will be disturbed as sub grants to other organizations in the community. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports - Tax Department The Commissioners accepted the following Tax Collection reports through September 30, 2005. 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 30.2. Release of Tax Value - Tax Department The Commissioners granted Senior Citizen/Disability Exclusion to the following taxpayers: Byrd, Patricia C. Rodney T. $47,711 The Commissioners removed the Senior Citizen/Disability exclusion that was approved at the September Board meeting for the following taxpayer. This parcel would not qualify for the exclusion because it is in trust. Benton, Lois K. Trustee $26,765 The Commissioners approved the following delinquent applications for exemption from property tax for the following organizations: Christian Missionary Alliance Church of Carolina Beach Saint Andrew AME Zion Church R088l7 -009-007 -000 R054l4-0 12-0 14-000 R054l4-008-008-000 R054l4-008-009-000 Approval of Budget Amendments The Commissioners approved the following budget amendments. Budget Amendment #06-0043 - Automation Enhancement and Preservation Fund - Register of Deeds Adiustment Debit Credit Auto Enhancement & Preservation Fund: Appropriated Fund Balance M&R Equipment $200,000 $200,000 Explanation: To budget Fund Balance in the Automation Enhancement Fund for eligible charges in FY 05-06. Budget Amendment #06-0048 - Sheriff's Office Adiustment Debit Credit Sheriff Administration: Miscellaneous Revenue Uniform Patrol: Capital Outlay - Motor Vehicle $5,000 $5,000 Explanation: To budget insurance proceeds from a totaled vehicle. Budget Amendment #06-0049 - Sheriff's Office Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax $8,207 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 434 Budget Amendment #06-0049 - Sheriff's Office (Cont.) Adiustment Debit Credit Miscellaneous Revenue Capital Project Expense $7,675 $15,882 Explanation: To budget additional revenue from Controlled Substance Tax of $8,207 and insurance proceeds of $7,675 from a totaled vehicle. Budget Amendment #06-0050 - Sheriff's Office Adiustment Debit Credit Federal Forfeited Property: Federally Forfeited Property Capital Project Expense $10,000 $10,000 Explanation: To budget insurance proceeds from a totaled vehicle. Budget Amendment #06-0051 - Governing Body Adiustment Debit Credit Governing Body: Appropriated Fund Balance Finance: Sale of Fixed Asset $1,000,000 $1,000,000 Explanation: To record revenue from the sale of the Law Enforcement Center. Budget Amendment #06-0052 - Contingencies/Courts Adiustment Debit Credit Contingencies: Contingencies Courts: Rent $56,000 $56,000 Explanation: To transfer funds from Contingencies to pay rent for the remainder ofthe fiscal year for functions remaining in the Law Enforcement Center. REGULAR ITEMS OF BUSINESS PRESENTA TION OF NEW HANOVER COUNTY SERVICE AWARDS Interim County Manager Weaver requested the following employees to step forward to receive service awards: Five Year: Ronnie S. Norton - Sheriffs Office Lynn T. Lancaster - Inspections Michael D. Stophel - Fire Services Rebecca 1. Balthazar - Health Department Kelly M. Johnson - Health Department Barbara D. Allen - Inspections Roxanne 1. Paluso - Social Services Fifteen Year: Linda M. Gallagher - Social Services Twenty Year: Larry Brewer - Sheriffs Office 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 Interim County Manager Weaver requested the following new employees to stand and be introduced: Yvonne Hughes - Health Department Leigh D' Adamo - Health Department Courtney Parker - Health Department Stephen Simms - Information Technology Amy Blanton - Inspections Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 435 Robert Harris - Planning Department Roderick Brown - Property management Richard Emanuel - Social Services Rosann Lyons - Social Services Jeanne Neidhardt - Social Services Nancy Buckingham - Museum On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF PATRICIA MELVIN FOR 2005 LIFETIME ACHIEVEMENT AWARD FROM THE NORTH CAROLINA MINORITY WOMEN BUSINESS ENTERPRISE Cheryl Sutton, representing the North Carolina Minority Women Business Enterprise, announced that Assistant County Manager Patricia Melvin was awarded the Lifetime Achievement Award on September 30, 2005 at the 19th Annual Retreat of the North Carolina Minority Women Business Enterprise Coordinators' Network in Boone, North Carolina. Her dedication to her profession and her community are well known to her colleagues and friends. On behalf of the Board, Chairman Greer congratulated Ms. Melvin on her award and thanked her for her service to New Hanover County and the community. RECOGNITION OF NEW HANOVER COUNTY FIRE SERVICES, CITY OF WILMINGTON FIRE DEPARTMENT AND NEW HANOVER COUNTY DEPARTMENT OF AGING FOR WINNING A 2004 RALPHW. KETNER AWARD Interim County Manager Dave Weaver reported that in 2004, New Hanover County Fire Services, City of Wilmington Fire Department and New Hanover County Department of Aging teamed up to ensure homes of Meals on Wheels recipients had working smoke detectors installed. The Ketner Award of $1 ,000 was presented at the August 26, 2005 meeting of the North Carolina Association of County Commissioners. County fire personnel donated the $1,000 cash award back to the County for supplies. County fire personnel taking part in this project were: Chief Hall, Fire Marshall Davis, Deputy Fire Marshall Heath, Fire Marshall Griswold, Fire Marshall Sosebee, Captain Flowers, Lieutenant Beasley, Training Coordinator Pridgen, and Firefighters Wiles, Rooks, Nixon, Horrell, Watson and Fitzgerald. On behalf of the Board, Chairman Greer congratulated the fire personnel who took part in this project. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE PROPOSED CAPE FEAR SKYWAY BRIDGE Chairman Greer reported that Commissioner Kopp and Lanny Wilson, NCDOT Board member, have requested the Board adopt the resolution in support of the proposed Cape Fear Skyway Bridge, including the acceleration of the schedule so that construction can begin in November 2009. Commissioner Kopp introduced the resolution into the record. Chairman Greer called for a motion to adopt the resolution. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution in support of the proposed Cape Fear Skyway Bridge. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 30.3. PRESENTATION ON CHANGES IN MENTAL HEALTH MANAGEMENT AT THE STATE LEVEL Director of the Southeastern Center, Dr. Art Costantini, reported that on September 21,2005, Department of Health and Human Services Secretary Carmen Hooker Odom announced that there are no new dollars in the system to continue with the current level of funding and that there is a $28 million deficit for this fiscal year. She proposed that the now current thirty-three Local Management Entities (LME) be re-grouped into ten new regions with an estimated savings of $28 million annually and a saving of $14 million in 2005-2006 if implemented by January 1,2006. The loss would amount to a 25% reduction in funds for Southeastern Center's LME or approximately a $1.5 million reduction in funds. The reduction will threaten the ability ofLME's to ensure patient safety and affect services to the consumer. Secretary Odom's proposal is not consistent with state reform, or with the state or local plan, or with the partnership that was set up. The Department of Health and Human Services will be re-evaluating the proposal and several meetings are scheduled during the next few weeks. The Board voiced concerns that, if implemented, the proposal will affect the quality of services to the consumer and put a greater financial burden on the counties. Chairman Greer thanked Dr. Costantini for the information and requested he keep the Board updated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 436 CONSIDERATION OF AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION OFWET ASH CONVEYORS AT THE WASTEC FACILITY AND APPROVAL OF THE ASSOCIATED BUDGET AMENDMENT Environmental Management Director Ray Church reported that the W ASTEC staff is requesting approval for the purchase and installation of two new wet ash conveyors to replace two existing 1984 wet ash conveyors. A bid opening was held and two bids were received from Hall Contracting Corporation in the amount of $681 ,950 and Quate Industrial Services, Incorporated in the amount of $758,000. The turnkey purchase and installation of these two conveyors is vital to maintaining the operation of unit # 1 and #2 incinerators. The wet ash conveyors currently in service are in poor condition and are beyond feasible maintenance. To insure the incinerator's operation it is critical these two conveyors be replaced in FY 05-06. The purchase and installation will include the conveyors, related drive gears and components, and motion sensing switches. The bids received were under the budgeted amount of $760,000. Staff recommends the Board adopt the resolution awarding contract #06-0036 to Hall Contracting Corporation in the amount of $681,950 and approve the associated budget amendment to authorize an installment payment option. Director Church reported that Landfill cell capital projects cannot be funded through installment payments and Staff is currently looking for other projects to help fund cell construction. The enterprise fund balance is funded from tipping fees within the Environmental Management budget. The current balance is $1.4 million. The remaining debt on the Landfill is approximately $7.5 - 8 million and is scheduled to be paid-off in 2.5 years. At that time, funds of approximately $3 million per year will be available for other uses. Commissioner Kopp stated that he would prefer to see the Environmental Management fund balance be used for the wet ash conveyors items rather than using financing through installment payments for maintenance items. Finance Director Bruce Shell stated that the installment financing would be for a period of five years at an interest rate of 4-4.5% and stated that he felt this was the preferred way to finance this purchase leaving the fund balance for emergencies and unanticipated needs. Commissioner Pritchett and Commissioner Davis voiced concerns about using the Environmental Management fund balance to fund this purchase and depleting the fund balance in case a weather emergency or other such emergency should arise. Motion: Commissioner Pritchett MO VED, SECONDED by Commissioner Davis, to adopt the resolution approving the purchase and installation of two new wet ash handling conveyors awarding the contract #06-0036 to Hall Contracting Corporation in the amount of $681 ,950. Substitute Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution approving the purchase and installation of two new wet ash handling conveyors awarding the contract #06-0036 to Hall Contracting Corporation in the amount of $681 ,950 using Environmental Management fund balance for payment. Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving the purchase and installation of two new wet ash handling conveyors awarding the contract #06-0036 to Hall Contracting Corporation in the amount of $681 ,950 and approve the associated budget amendment #06-0039. Vote: Upon vote the MOTION FAILED 3 TO 2 to adopt the resolution approving the purchase and installation of two new wet ash handling conveyors awarding the contract #06-0036 to Hall Contracting Corporation in the amount of $681,950 and approving the associated budget amendment #06-0039. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in opposition. Vote: Upon vote the MOTION CARRIED 3 to 2 to adopt the resolution approving the purchase and installation oftwo new wet ash handling conveyors awarding the contract #06-0036 to Hall Contracting Corporation in the amount of $681,950 using Environmental Management fund balance for payment. Chairman Greer and Commissioner Davis voted in opposition. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 30.4. PRESENTATION OF ANNUAL REPORT FOR CHILD SUPPORT ENFORCEMENT PROGRAM Department of Social Services Carla West presented the New Hanover County Child Support Enforcement Annual Report for Fiscal- Year 2005. Ms. West outlined the Leading by Results Practices: . Early Intervention Project . House Arrest Program . Amnesty Project . Drivers License Revocation Project . Focus on Self-Assessment to Increase Paternity Establishment Rate Goals met in Fiscal- Year 2005: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 437 . Paternity Establishment Rate - goal was 99.10%; actual was 109.2% . New Cases Under Order - goal was 744 new order; actual was 927 . Current Support Collections - goal was 64.2%; actual was 67.4% . Arrears Collections - goal was 58.9%; actual was 62.2% . Total Collections - goal was $11,198,040; actual was $11,089,033.66 Goals for Fiscal- Year 2006: . Paternity Establishment Rate - goal is 109.1 % . New Cases Under Order - goal is 744 . Current Support Collections - goal is 68.4% . Arrears Collections - goal is 64.2% . Total Collections - goal is $11,561,084 In conclusion, Ms. West stated that health insurance orders and coverage on all of the cases were aggressively pursued resulting in a savings to the county of $542,630.56 in Medicaid costs during the 2005 fiscal year. On behalf of the Board, Chairman Greer thanked Ms. West for the update. BREAK: Chairman Greer called for a break at 10:35 a.m. until 10:55 a.m. PRESENTATION ON THE ROOM OCCUPANCY TAX Finance Director Bruce Shell reported that in the past the scheduled beach renourishment projects for Wrightsville, Carolina, and Kure Beaches have been funded by federal, state, and local funds. Due to the possibility of federal funding being limited in the future, the Port, Waterway and Beach Commission has prepared projections with and without federal and state participation and the impacts on available room occupancy tax funds. History of Room Occupancy Tax: . Instituted by the General Assembly in 1983 - 2% Levy; 20/80 Allocation; 20% tourism, 80% beach re-nourishment . July 1, 1986 - 3% Levy; 25/75 Allocation, 25% tourism, 75% beach re-nourishment . August 1, 1995 - Allocation changed to 40/60, 40% tourism, 60% beach re-nourishment Revenue Trends: . Revenue trends for the past five years show continued growth in FY 2003-2004 andagaininFY 2004- 2005 . The ten-year historical growth pattern reflects the highest point in June 30, 2005 with $23.1 million in the room occupancy tax fund dedicated to beach re-nourishment. . The downward dip in FY 2002 reflects the $6.9 million that was borrowed from the fund for the Mason Inlet project. Those funds have been paid back. . The room occupancy tax fund partners with the federal and state government in replenishing the beaches for Wrightsville, Carolina and Kure Beach. . In a beach re- nourishment proj ect the federal government pays 65% of the project, the state pays 50%- 75% of the remaining 35% of the project, and the county pays the remaining amount. Fund Balance Projections: The "best case" scenario is that the $23.1 million current balance for beach re-nourishment will dip into the negative in the year 2034 and the county will be out of funds for beach re-nourishment. This projection is based on the following assumptions: o modest sales growth of 1.5% per year o interest earnings projected at 3% o state and federal funding will remain in place through the current contracts The "worse case" scenario is that the $23.1 million current balance for beach re- nourishment will dip into the negative approximately in the year 2016. This projection is based on the assumption that there will be no federal or state funds. Recent Developments: . Creation of Tourism Development Authority - Legislative House Bill 1707 , passed in October 2002 created authority for second three percent and established authority for Tourism Development Authority . Second three percent enacted: . Wrightsville Beach effective February 2003 . Carolina Beach effective February 2003 . City of Wilmington effective March 2003 . Kure Beach effective July 2004 . Beach towns - 50% promotion; 50% tourism related activity . City of Wilmington - Tourism Development Authority Board approved use of funds for the Convention Center on May 31, 2005 In conclusion, Finance Director Shell reported that the Port, Waterway and Beach Commission is actively NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 BOOK 30 PAGE 438 working with the state and federal government to ensure future funding. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11 :21 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 12:22 p.m. ADDITIONAL ITEM Chairman Greer reported that the Board has been requested by Carolina Beach Mayor Dennis Barbour to be a partial sponsor of the luncheon at the North Carolina Beach, Inlet & Waterway Association Annual Conference in the amount of $2,000. The annual conference will be held in Carolina Beach on November 14 and 15,2005. The City of Wilmington and Carolina Beach have each committed to sponsoring the luncheon in the amount of $2,000. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve sponsoring the luncheon at the North Carolina Beach, Inlet & Waterway Association Annual Conference in Carolina Beach in the amount of $2,000. Upon vote, the MOTION CARRIED UNANIMOUSL Y. 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. Gerald Adams, Lords Creek resident, spoke on flooding problems in his neighborhood caused by water being pumped directly and indirectly from Ocean Forest Lakes development into a storm system over taxing its design. He requested that the Board have staff check into the situation. Cathy Plale, resident of Fontana Road, spoke on the flooding problems that she is experiencing and requested the County's help. ADDITIONAL ITEMS Item Presented by Commissioner Kopp Commissioner Kopp stated that the large amount of rain we have had is a twenty-five year occurrence but has requested that Staff make a list of agencies that deal with these issues for future reference. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the reception and dinner for the opening ofthe Southeastern Office ofthe North Carolina Biotechnology Center and presented the welcome at the Inclusion Coalition Board reception in honor of Congressman Mike McIntyre. PRESENTA TION OF WAVE TRANSIT ANNUAL REPORT WAVE Transit Authority Chairperson Christine McNamee presented the annual report highlighting the following: Improvements since merger: . Expanded evening services and Sunday service introduced . More frequent service offerings . Service to New Hanover County jail . Restructuring of Brunswick County connector Accomplishments since merger: . Designated recipient of federal and NCDOT funds . Economic benefit of combined management contract . Economic benefit of reduced liability insurance rates . Secured funding and completed site recommendation for maintenance/administration/transfer facility . Partnership with Cape Fear Community College to provide semester bus pass . Marketing campaign to increase public awareness . Ridership has increased on a monthly basis Future funding issues: . F are increase . Long term secure funding source Proposed improvements: . Columbus County connector . Multi-modal transportation center . Restructured downtown trolley route to serve Wilmington Children's Museum, PPD, Convention Center and Northside development . Complete route restructuring to serve most areas of New Hanover County including Castle Hayne, the beach communities, Porters Neck and Gordon Road NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 17,2005 Chairman Greer thanked Ms. McNamee for the presentation. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 12:55 p.m. Respectfully submitted, Sheila 1. Schult Clerk to the Board BOOK 30 PAGE 439