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2005-11-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 459 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 21, 2005, at 9:00 a.ill. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; 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 L. Schult. Vice-Chairman William A. Caster arrived at 9: 15 a.ill. Commissioner Ted Davis, Jr. arrived at 9:23 a.m. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. Carl Byrd, Director of the Human Relations Commission, gave the invocation. Assistant County Attorney Holt Moore reported that Stephen Culbreth, representing Cape Fear Medical Transport, Inc., has requested that the application by Cape Fear Medical Transport, Inc. for a Non-Emergency Ambulance Service Franchise be pulled and placed on the December 19,2005 Board Meeting. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request by Stephen Culbreth, representing Cape Fear Medical Transport, Inc. to pull the application by Cape Fear Medical Transport, Inc. for a Non-Emergency Ambulance Service Franchise. Upon vote, the MOTION CARRIED 3 TO O. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 3 to O. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Special Meeting - October 5,2005 Budget Work Session - November 3, 2005 Regular Meeting - November 7,2005 Approval of Board of Education Budget Amendment to Establish an Alternative Learning Day Treatment Program The Commissioners approved the Board of Education budget amendment appropriating Board of Education Fund Balance for an Alternative Learning Day Treatment Program. An amount of $1,817,334 was appropriated from local funds fund balance and $800,000 was appropriated from capital outlay funds-fund balance. The budgeted cost of constructing the center will be $2,534,334. The principal's salary from January 2006 thru June 2006 and the start up supplies/services for the center will be budgeted at $83,000. Approval of National Incident Management System (NIMS) as the Standard Practice for Emergency Response and Management The Commissioners adopted the resolution approving the National Incident Management System (NIMS) as the standard practice for emergency response and management. The Federal Department of Homeland Security is strongly encouraging the use of NIMS by all local governments in their response to emergencies. Staff has been trained in NIMS. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 32.1. Approval to Budget Additional Funds Received by the Sheriff's Office The Commissioners approved the following budget amendments for additional funds received by the Sheriffs Office. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 460 Adiustment Budget Amendment #2006-15 - Sheriffs Office Credit Controlled Substance Tax: Controlled Substance Tax Capital Project Expense Debit $6,227 Explanation: To budget additional revenue received on October 26,2005. $6,227 Adiustment Budget Amendment #2006-16 - Sheriffs Office Credit Federal Forfeited Property: Federally Forfeited Property Capital Project Expense Debit $13,536 Explanation: To budget additional funds received on October 10, 2005 and October 25,2005. $13,536 Adiustment Budget Amendment #06-0073 - Sheriffs Office Credit Administration: Miscellaneous Detention: Radios Support Services: Radios Uniform Patrol: Capital Outlay - Motor Vehicle Debit $10,110 $ 665 $ 770 $8,675 Explanation: To budget insurance proceeds of $8,675 for totaled vehicle and $1,435 rebate on purchase of hand-held radios. 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 October 31, 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 32.2. Approval of Release of Tax Values The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Avery, Viola B. Best, Mary Lou Bowman, Kim W. Davis, Hal Denton, Violet R. Etal. Ellis, Kathleen L. Evans, Annie C Glover, Alma Hale, Everett 1. Jr. Va Hales, Sybil L. Hankins, Leola D. Hobart, Kathleen L. McCoy, Martha Cox Nixon, Mozella Saunders, Carolyn Kay Shoaf, Patricia Wooten Swain, Mary D.W. Thompson, Annie B. Tripp, Jeffrey Hunter, Etal. $ 41,109 65,626 10,830 65,808 20,000 44,067 28,570 61,551 62,597 39,271 23,187 55,629 47,828 25,004 29,483 20,000 48,346 52,184 26,129 The Commissioners removed the Senior Citizen/Disability Exclusion that was approved at the September NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 461 19,2005 Board Meeting after it was discovered that the taxpayer did not qualify for the exclusion. Snow, Lulu $ 41,839 The Commissioners released the following late listing penalties, as this was the taxpayer's first offense: Forest Hills Apartments, LLC Spradley, Michael C. $ 418.85 15.92 The Commissioners approved delinquent applications for exemption from property tax for the following organizations: Cape Fear Regional Community Church R04809-03 2-016-000 R04813 -03 7 -010-000 R04500-003 -00 1-000 RO 1114-005-021-00 1 Middle Sound Advent Christian Church Shoulders Branch Missionary Baptist Church REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES Interim County Manager Weaver requested the following retirees to step forward to receive their retirement plaques: Allen O'Neal, County Manager - 15 years of service L. Darrell Martin, Fiscal Support Supervisor, Water Sewer Finance - 14 years of service On behalf of the Board, Chairman Greer presented a retirement plaque to each retiree, expressed appreciation, and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS Interim County Manager Weaver requested the following employees to step forward to receive service awards: Five Year: Jason F. Browning - Fire Services Glenn D. Jenkins - Health Department Ten Year: Katrina L. Robinson - Finance Department Anthony W. Williams - Health Department Fifteen Year: Michael K. Wallace - Sheriffs Office Twenty Year: Judy L. Ward - Sheriffs Office Twenty-Five Year: Beverly S. Tetterton-Opheim - Library 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: Brenda Brow - Aging Services James Iannucci - Engineering Olivia Pace - Engineering Frederick Ryder - Environmental Management Nicholas Buckner - Fire Services Kelly Haggerty - Health Department Brenda Rivenburg - Health Department Tonya Ballard - Library Angela Sparrow - Property Management Dorothy Smaldone - Social Services Healther Copley - Social Services Sara Karanikos - Social Services Johnette Cook - Social Services Hope Pearce - Social Services Merry Byers - Social Services Lynnine Haas - Water and Sewer Finance On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 462 PRESENTATION BY THE GANG TASK FORCE Commissioner Pritchett reported that the Gang Task Force was present to update the Board on their activities. The first Gang Task Force detective took his place in March with funding provided by the Safe Schools Grant; the second detective came on in July with funding provided by the Sheriff's Office. She requested Lieutenant W. A. Hoehlein to make the presentation. Lieutenant W. A. Hoehlein reported that the Gang Task Force committee began meeting in the fall of 2004 with cooperative efforts of the New Hanover County Sheriff's Office, Commissioner Nancy Pritchett, Judge Rebecca Blackmore, District Attorney's Office, Dianna Wooley, New Hanover County School Board and Administration, Wilmington Health Access for Teens, Southeastern Mental Health, Juvenile Justice, Day Treatment Center, Department of Social Services, New Hanover County Partnership for Children, North Carolina Probation and Parole, FBI, Alcohol Tobacco & Firearms, Brunswick County Sheriff's Office and limited participation from the Wilmington Police Department. The purpose of the task force is to connect existing community resources to youth and their families that need assistance to stay out of or get out of a gang and to educate the community about gang trends. The mission and goals are: . Protect school children from gang-initiated terror and violence. . Reduce the number of young children becoming gang members. . Increase the number of citizens/organizations educated on identifying at risk youth. . Reduce the number of violent crimes by youth. . Reduce the number of youth in the juvenile justice system. . Expand the database regarding gang identification and activities. . Focused enforcement of gang activity complaints with emphasis on gang suppression. Lt. Hoehlein introduced Detective John T. Leonard, Detective Brian C. Bellamy, and Detective Mike A. Spencer who serve on the Gang Task Force. To this date the Gang Task Force has made sixty-eight gang related arrests, identified seventy-one gangs operating in the County with over two hundred gang members. The Gang Task Force is responsible for property damage restitution totaling nearly $5,000 with recovered property values reaching over $50,000. The Gang Task Force has taught numerous groups such as Law Enforcement, Civic Groups, School Staff, Juvenile Services, Health Department, Department of Social Services, various church groups and a judges luncheon totaling over 1300 people. Many of the Gang Task Force short-term goals have been reached with a strong course of action in place for continued success including the following long-term goals: . Establish a fully staffed and functional Tri-County Gang Task Force with New Hanover County Sheriff's Office being the lead agency. . Offer alternatives and diversions as opposed to just prosecution to include: o Give alternative activities and resources to assist the youth and their families. o Counseling services. o Community service projects. . Tattoo removal program. . Social worker solely dedicated to Gang Task Force. . Improved relationships among schools, students, parents, communities and Law Enforcement. . Reduce the delinquent behavior among middle and high school students in the community and schools. . Improve perception of school safety regarding gang involvement in schools. . Continued and increased education regarding gang membership, involvement, activity and signs for parents, students, teachers and the community. . Increase the potential for gang suppression and intervention. . Utilize the intelligence and knowledge gathered to guide the efforts and maximize the potential. Lt. Hoehlein stated that the task force is working on acquiring grant money but will probably seek funding from the County during the next budget year. On behalf of the Gang Task Force, he thanked Commissioner Pritchett for her leadership and the Board, for their support. Commissioner Pritchett recognized Steve Bilzi, a New Hanover County Board of Education member who serves on the Gang Task Force and thanked him for his support. She thanked the Wilmington Downtown Rotary Club and Wilmington Cape Fear Rotary Club for funds to print an educational brochure "What Parents and Community Members Need to Know About Gangs". School Board member Steve Bilzi thanked Commissioner Pritchett for her leadership reporting that the school system is seeing results from the efforts of the task force. BREAK: Chairman Greer called for a break from 9:45 a.ill. until 10:10 a.ill. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 463 COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Greer reported that vacancies needed to be filled on the Adult Care Home Community Advisory Committee and one member was eligible for reappointment and two applications had been received. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Janet H. Locklear to a three-year term with the term to expire on November 30, 2008 and appoint Brian Brosnan and L. Thomas Jennings to one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on November 30, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Airlie Gardens Foundation, Inc. Board of Directors Chairman Greer announced that one vacancy of an un-expired term needed to be filled on the Airlie Gardens Foundation, Inc. Board of Directors and four applications were received. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to appoint H. Lee Durham to the Airlie Gardens Foundation, Inc. Board of Directors with the term to expire on June 30, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Museum Advisory Board Chairman Greer announced that two vacancies of un-expired terms needed to be filled on the Cape Fear Museum Advisory Board and two applications were received. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Linda Fallon Chapman to the term to expire on June 30, 2008 and Lowell A. Soucie the term to expire on June 30, 2007. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Public Transportation Authority/W A VE Transit Authority Chairman Greer announced that one vacancy in an at-large position with the term to expire on December 31, 2008 needed to be filled on the Cape Fear Public Transportation Authority/WAVE Transit Authority and five applications were received. Vice-Chairman Caster nominated Howard Loving to the Cape Fear Public Transportation Authority/Wave Transit Authority. Commissioner Kopp seconded the nomination. Commissioner Davis nominated Richard Alan Meeks to the Cape Fear Public Transportation Authority/Wave Transit Authority. No second was received. Commissioner Pritchett nominated Don Betz to the Cape Fear Public Transportation Authority/Wave Transit Authority. Commissioner Davis seconded the nomination. Chairman Greer called for a vote on Howard Loving to the Cape Fear Public Transportation Authority/Wave Transit Authority. Vote: The Board voted 4 to 1 to appoint Howard Loving to a three-year term on the Board of the Cape Fear Public Transportation Authority/Wave Transit Authority with the term to expire December 31, 2008. Chairman Greer, Vice-Chairman Caster, Commissioner Davis and Commissioner Kopp voted in favor. Appointments to the Nursing Home Community Advisory Committee Chairman Greer announced that two vacancies needed to be filled on the Nursing Home Community Advisory Committee and two applications were received with one being eligible for re-appointment and one requesting appointment to an additional terill. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Joan Barbara Apke to an additional three year term and to reappoint Karen Wright Jefferson to a three year term on the Nursing Home Community Advisory Committee with the terms to expire on November 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Greer announced that three vacancies needed to be filled on the Zoning Board of Adjustment and six applications were received with two being eligible for re-appointment. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to reappoint Michael V. Lee to a three-year term on the Zoning Board of Adjustment with the term to expire on December 1, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Dan Weldon to a three- year term on the Zoning Board of Adjustment with the term to expire on December 1, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 464 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Carmen Vincent Gintoli as an Alternate to a three-year term on the Zoning Board of Adjustment with the term to expire on December 1, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:22 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:30 a.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. No comments were received. ADDITIONAL ITEMS Items Presented by Commissioner Kopp Commissioner Kopp reported that he attended the New Hanover Regional Medical Center Board of Trustees retreat with Chairman Greer and Vice-Chairman Caster. He reported that the Trustees had discussion on the committee reappointment process. Commissioner Kopp recognized Martha H. Stein, a family friend, on her retirement from the County with twenty-four years of service in the Social Services Department. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: Meeting with the New Hanover County School System superintendent and chairperson; Employee Appreciation Day; meeting on park issues with Neal Lewis and Dave Weaver; Veterans Day Dinner; Ribbon Cutting at Gold's Gym; Rolling Thunder ceremony honoring POW's and MIA's; Clean Water Trust Fund meeting; Cape Fear Water and Sewer Authority meeting; North Carolina Beach, Inlets & Waterways meeting and the Food Bank Kick -off. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the following meetings and events: Dinner honoring medical professionals from Southeastern Regional Advisory Committee (SERAC) and State Medical Assistant Teams (SMAT) from around the region who treated over 7,000 patients in an alternate care facility in Waveland, Mississippi; UNC-W College Day and the Cape Fear Museum Planning Retreat. Commissioner Pritchett thanked Interim County Manager Dave Weaver for his hard work during his term as Interim County Manager and looks forward to working with him in his role as Assistant County Manager. Item Presented by Interim County Manager Dave Weaver Interim County Manager Dave Weaver stated that it has been a joy and honor to serve the Board as Interim County Manager and thanked Executive Assistant Susan Wynn for her assistance. Item Presented by Commissioner Davis Commissioner Davis thanked Interim County Manager Dave Weaver for his work during his term as Interim County Manager. Item Presented by Chairman Greer Chairman Greer reported that Vice-Chairman Caster has received the First Founder's Award from the North Carolina Beach, Inlets & Waterways Association. Item Presented by Finance Director Bruce Shell Finance Director Bruce Shell reported that following the Board's December 5, 2005 meeting the Board will need to reconvene on Wednesday, December 7 to approve the New Hanover County variable rate hospital revenue refinancing bonds for New Hanover Regional Medical Center. CLOSED SESSION Chairman Greer announced that a Closed Session pursuant to N.C.G.S. 143-318.11 (5) and 143-318.11(a) (6) is needed to instruct the public body's staff negotiating the price and material terms of a proposed contract for real property and to discuss a personnel matter. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to convene to Closed Session, pursuant to N.C.G.S. 143-318.11 (5) and 143.318 (a) (6), to instruct the public body's staff negotiating the price and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 21, 2005 BOOK 30 PAGE 465 material terms of a proposed contract for real property and to discuss a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 10:50 a.ill. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 12:15 p.ill. and announced that the Board has given instructions to staff concerning negotiations of potential real estate acquisitions and that no action was taken on the personnel matter. ADJOURNMENT There being no further business, Chairman Greer asked for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 12: 17 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board