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2006-05-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 594 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 15, 2006, at 9:04 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, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. Carl Byrd, Director of the Human Relations Commission, gave the invocation. 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 Vice-Chairman Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Regular Meeting held on May 1, 2006 as presented by the Clerk to the Board. Authorization for the Department of Aging to Serve as the Lead Agency for Aging Services in New Hanover County for 2007 and Acceptance of Funds - Department of Aging The Commissioners authorized the Department of Aging to serve as Lead Agency for Aging Services in New Hanover County for 2007 and accepted funds from the Home and Community Care Block Grant in the amount of $783,676; Senior Center Outreach funds in the amount of $1,470; Title III- D Health PromotionlMedication Management funds in the amount of $10,415; and Family Caregiver funds in the amount of $28,500. Matching funds are included in the Department of Aging FY 2006-2007 requested budget. Authorization to Submit a Grant Application to the North Carolina Clean Water Management Trust Fund- Airlie Gardens The Commissioners authorized Airlie Gardens to submit a grant application to the North Carolina Clean Water Management Trust Fund in the amount of $25,000. If awarded, the funds will be used to improve water quality within Airlie Gardens and Bradley Creek. No County match is required. Approval of Battalion Chief Classification and Class Specification and Salary Range - Fire Services The Commissioners approved the creation of a new class specification in pay and classification plan for Battalion Chief. The benefits of having a shift supervisor on duty at all times includes better service delivery, command staff presence at major incidents, better involvement with volunteer departments and the ability to meet service demands after normal staff hours for investigations and inspections. Authorization to Submit a Grant Application to the Department of Homeland Security - Fire Services The Commissioners authorized Fire Services to submit a grant application to the Department of Homeland Security in the amount of $161,515. If awarded, the funds will be used for basic firefighting equipment associated with the start of a new department (Murrayville Station). It will include apparatus equipment, personal protective equipment, and other items related to day to day operation. A 20% County match is required in the amount of $32,333 to be obtained by appropriation of Fire Services fund balance. Approval of Health Department Fee Policy Changes The Commissioners approved the revisions to the New Hanover County Health Department Fee Policy. The changes include a fee schedule listing individual fees for limited physical examinations, a new Tdap vaccine, an increase in contraceptive fees and addition of a coding change for provision of patient education materials. Authorization to Submit a Letter of Intent to the Cape Fear Memorial Foundation - Health Department The Commissioners authorized the Health Department to submit a Letter of Intent to the Cape Fear Memorial Foundation in the amount of $75,000 per year for three years. If awarded, the funds will be used to fund a full time Licensed Clinical Social Worker in the Child Service Coordination Program. No County match is required. Authorization to Submit a Grant Application to the Cape Fear Memorial Foundation - Personal Health Services Maternal Health Program - Health Department The Commissioners authorized the Health Department to submit a grant application to the Cape Fear NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 595 Memorial Foundation - Personal Health Services Maternal Health Program in the amount of $21,000. If awarded, the funds will be used for diabetic supplies for uninsured prenatal patients. No County match is required. Acceptance of Funds from the North Carolina Department of Health and Human Services Division of Medical Assistance - Health Department The Commissioners accepted funds from the North Carolina Department of Health and Human Services Division of Medical Assistance in the amount of $33,873 to be used to fund the current Health Check Coordination position. The Health Check Coordination position provides outreach and follow up for Medicaid and Health Choice eligible children in New Hanover County. No County match is required. Approval to Budget Additional Funds Received - Health Department The Commissioners approved the following budget amendments for additional funds received by the Health Department from the North Carolina Department of Health and Human Services, Division of Public Health. Budget Amendment #06-0183 - Health Department Adiustment Debit Credit Women's Preventive Health: Title XIX Bonus Supplies $10,709 $10,709 Explanation: To budget one-time State bonus funds for Family Planning purchases due to increased caseload. Budget Amendment #06-0182 - Health Department Adiustment Debit Credit Women's Preventive Health: Katrina Funds Supplies $2,006 $2,006 Explanation: To budget one-time State bonus funds for Katrina relief to be used for Family Planning program purchases. Budget Amendment #06-0184 - Health Department Adiustment Debit Credit Environmental Health: Restaurant Heart Health Supplies $500 $500 Explanation: To budget State funds for Restaurant Heart Health survey to be used to support the Environmental Health Program. Approval of Personnel Policy Revisions The Commissioners approved the following personnel policy revisions: . Sick leave bank policy was revised to tighten up the enrollment eligibility requirements and more conservatively cap withdrawals by an individual employee. . Workers' Compensation Leave Policy was revised for compliance with the Fair Labor Standards Act. Authorization Granting the Tourism Development Authority to Investigate Room Occupancy Tax Delinquencies and to Hear Appeals - Legal Department The Commissioners authorized the Tourism Development Authority to investigate Room Occupancy Tax delinquencies and to hear appeals for such taxes. The Tourism Development Authority has adopted a policy of no forgiveness for all legally collectable tax; only governmental mistakes and/or mathematical errors will be a basis for tax adjustment. Approval to Raise Admission Fees - Cape Fear Museum The Commissioners approved an increase in admission fees with the additional funds to be used to hire a twenty hour per week front desk staff person. Admission fees for children will increase from $1.00 to $3.00 and from $5.00 to $6.00 for adults. A discount of $1.00 will be offered on the adult fee for seniors age 65+, college students and military personnel. The first Sunday of the month will continue to be free to all New Hanover County residents and the Museum will continue to participate in discounted promotional campaigns designed to increase awareness of and attendance at the Cape Fear Museum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 596 Award of Contract for Cooling Tower for the Judicial Building - Property Management The Commissioners awarded contract #06-0289 to the lowest responsible bidder Harrelson Mechanical in the amount of $259,990 for replacing the closed circuit cooler in the New Hanover County Judicial Building and approved the associated budget amendment #2006-06. The installation of this cooling tower is needed to disconnect the Judicial Building from the cooling tower located at the Old Law Enforcement Center. Budget Amendment #2006-60 - Jail Capital Proiect/Transfers to Capital Proiects/General Fund Adiustment Debit Credit LEC Renovations: Installment Loan Proceeds Transfer in from General Fund Capital Project Expense General Fund: Appropriated Fund Balance Transfers to Capital Projects $177,142 $ 92,858 $270,000 $ 92,858 $ 92,858 Explanation: To decrease budget installment loan proceeds greater than budgeted in the LEC Renovation component of the Jail Capital Project; to appropriate Fund Balance necessary to install the new cooling tower at the Judicial Building. 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 April 30, 2006. 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 XXX, Page 3.1. Approval of Release of Tax Values - Tax Department The Commissioners granted release of the following late listing penalty: Inman, John Keith Susan D $22.77 The Commissioners granted the following organization exemption from property tax: The Lord's Church of Wilmington R405417 -008-004-000 Approval of Budget Amendments The Commissioners approved the following budget amendments: Budget Amendment #06-0192 - Department of Social Services Adiustment Debit Credit Administration: Project Share Project Share: Assistance Payments $9,250 $9,250 Explanation: To budget additional State funds to assist with low income energy assistance. No additional County funds are required. Budget Amendment #06-0195 - Department of Aging Adiustment Debit Credit Prescription Assistance Grant: Contracted Services Telephone Expense Printing Supplies Temporary Salaries Training and Travel $5,787 $1,874 $ 100 $ 483 $ 494 $2,094 $ 742 Explanation: To decrease Prescription Drug Program budget for unspent grant funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 597 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: Brenda 1. Hegarty - Social Services Department Ten Year: Carolyn F. Carter - Register of Deeds Michelle Williams - Social Services Department Fifteen Year: Sheila A. Jamerson - Health Department Sherlyn H. Grantham - Social Services Department Twenty Year: Kellie P. Daughtry - Legal Department Susan 1. Jaindl - Public Safety Department Fonda S. Sykes - Airlie Gardens Delisa A. Derseraux - Health Department Paula S. Jenkins - Health Department Wilma G. Daniels - Social Services Department 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 Shell requested the following new employees to stand and be introduced: Brett Piner - Airlie Gardens James Pennebaker - Environmental Management Paul Gattens - Fire Services Jane Walker - Health Department Shaneka Johnson - Health Department Karen Edgar - Health Department Janet Hewlett - Health Department Lisa Stutz - Health Department Sharon Bailey - Legal Department Timothy Jewell- Sheriff's Office Vivian Martin - Social Services Janice Savonen - Water and Sewer Finance Jane Daughtridge - Planning Department On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. INTRODUCTION OF CALVIN PECK, CEO OF BUSINESS ALLLIANCE FORA SOUND ECONOMY Donna Girardot, Executive Officer of Business Alliance for a Sound Economy, introduced Calvin Peck into his new role of CEO. ADOPTION OF RESOLUTION HONORING JUDITH GRIZZEL Chairman Greer reported that Judith Grizzel will retire from the New Hanover County Tourism Development Authority May 31, 2006 and the Board has been requested to adopt the resolution honoring her contributions to the community and thanking her for her years of service. Vice-Chairman Caster read the resolution into the record. Chairman Greer presented Ms. Grizzel a plaque of appreciation and requested a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution honoring Judith Grizzel upon her retirement from the New Hanover County Tourism Development Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 3.2. ADOPTION OF SOLDIER RIDE DAY IN NEW HANOVER COUNTY PROCLAMATION Chairman Greer reported that retired US Army Colonel John F. Melia has requested the Board adopt the proclamation designating May 21, 2006 as Soldier Ride Day in New Hanover County on behalf of the Wounded Warrior Project. The Wounded Warrior Project seeks to assist those men and women of the armed forces who have been severely injured during the conflicts in Iraq, Afghanistan, and other locations around the world. Vice-Chairman Caster read the proclamation into the record. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 598 Chairman Greer requested a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation designating May 21, 2006 as Soldier Ride Day 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 XXX, Page 3.3. ADOPTION OF MARITIME DAY IN NEW HANOVER COUNTY PROCLAMATION Chairman Greer reported that Karen Fox, Director of Communications for North Carolina State Ports Authority and Dick Eisenman have requested the Board adopt the proclamation designating May 21, 2006 as Maritime Day in New Hanover County. The Maritime Day Festival will be held on Sunday, May 21, 2006 from 11:00 a.m. to 5:00 p.m. with the Maritime Memorial ceremony at 12:30 p.m. Chairman Greer read the proclamation into the record and requested a motion from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation designating May 21,2006 as Maritime Day 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 XXX, Page 3.4. ADOPTION OF INTERNATIONAL MUSEUM DAY IN NEW HANOVER COUNTY PROCLAMATION Chairman Greer reported that the Board has been requested to adopt the proclamation designating May 18, 2006 as International Museum Day in New Hanover County. Citizens are urged to take advantage of the educational and cultural resources of the Cape Fear Museum by receiving free admission to the museum on May 18, 2006. Commissioner Pritchett read the proclamation into the record. Chairman Greer requested a motion from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation designating May 18, 2006 as International Museum Day 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 XXX, Page 3.5. PRESENTATION OF FY 2006-2007 RECOMMENDED BUDGET Chairman Greer asked County Manager Bruce Shell to present the Fiscal Year 2006-2007 Recommended Budget. County Manager Shell stated that the FY 2006-2007 Recommended Budget is being presented after completing a thorough budget review and previous work sessions with the Board at a tax rate of 69 cents. This reflects a one cent increase from the current year's tax rate and equal to the rate approved in FY 2001-2002. Sales tax revenue increased by 15.68%; property tax base increased by 4.7%. The recommended budget includes: Significant increases in expenditures: . $4 million to school operations/capital outlay . $3 million to school debt . $2.5 million Sheriff's Office . $0.7 million Southeastern Center Public Schools: . Recommended $79 million; the Board of Education will be able to fund the operation of the new Anderson Elementary School, pay for the County-funded school positions and address the needs of a growing school population. Cape Fear Community College: . The recommended amount of $6 million is an increase of $300,000 over the current year. . Debt service for FY 06-07 is $4 million for a total of $10 million. Medicaid: . Recommended $9.5 million; a $3 million shortfall in State childcare funding exists between the FY 05-06 and FY 06-07 budgets. Personnel Issues: . Sixteen new positions; two positions eliminated . 2% merit and 2% market for deserving employees NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 599 . Higher health insurance costs . Customer service initiative Other Funds: . Environmental Management fund balanced with $46 tip fee (has remained steady for five years). . Fire Service District Fund stays current at 6 cents. . Water and Sewer District budget is balanced with rate increases for water and sewer services and a $1. 9 million transfer of sales tax revenue. A recommended budget in the amount of $178,000 has been established for a storm water drainage fund. Fund Balance: . $6 million appropriated to the General Fund; this appropriation will not jeopardize the County's strong financial position or the Board's goal of 16.7% of expenditures in fund balance. In conclusion, County Manager Shell thanked the Budget Department staff for their professionalism and expertise in developing the final budget recommendation. Citizens who wish to review the recommended budget prior to the public hearing may do so via the County's website. Copies will also be available at the County libraries. The following scheduled has been compiled per the Board's request: June 5 - Board Meeting - public hearing on budget June 10 - Budget work session June 19 - Board Meeting - Adopt FY 06-07 budget Commissioner Kopp thanked Staff for their work on the budget recommendation stating that the school bond referendum that was approved by voters would equal a 1.6 cent increase but Staff has worked hard to keep the increase to 1 cent. After a brief question and answer period, Chairman Greer thanked County Manager Shell for the presentation. Chairman Greer reported that Regular Agenda Item #9 - Consideration of 2006 Issue of Parks and Recreation Bonds - Certification and Declaration of Results of May 2, 2006 has been withdrawn from the Agenda. APPROVAL OF REVISED MEMORANDUM OF UNDERSTANDING RELATED TO THE WILMINGTON PLANNING ORGANIZATION Commissioner Kopp reported that at the April 26, 2006 Transportation Advisory Committee meeting, they unanimously approved a revised Memorandum of Understanding that will permit the expansion of the Metropolitan Planning Organization boundary to include a portion of Pender County and also add a New Hanover County appointee member from the Cape Fear Public Transportation Authority/ WAVE Transit Authority. Mike Kozlosky, Senior Transportation Planner for the City of Wilmington and Wilmington Metropolitan Planning Organization member requested the Board consider revisions to the Memorandum of Understanding related to the Wilmington Metropolitan Planning Organization. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the revised Memorandum of Understanding that permits the expansion of the Metropolitan Planning Organization boundary to include a portion of Pender County and also adds a New Hanover County appointee member from the Cape Fear Public Transportation Authority/WAVE Transit Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON NEW HANOVER COUNTY'S PANDEMIC FLU PREPAREDNESS Health Director David Rice presented a PowerPoint presentation on New Hanover County's pandemic flu preparedness. The presentation reviewed the categories of influenza; assessed the current threat of pandemic influenza and discussed the pandemic influenza preparedness in New Hanover County. In conclusion, Director Rice reported that forecasting the next pandemic is difficult. Current outbreaks pose an ongoing threat as pandemic influenza presents unique challenges for planners with many different entities needing to work and plan together. The complete PowerPoint presentation is available on the New Hanover County Health Department web site along with additional information concerning emergencies. On behalf of the Board, Chairman Greer thanked Health Director Rice for the presentation. Break Chairman Greer called for a break from 10:20 a.m. until 10:45 a.m. APPOINTMENT OF COMMISSIONER REPRESENTATIVE TO THE BOARD OF WILMINGTON DOWNTOWN,INC. Chairman Greer reported that the Board is requested to make a Commissioner appointment to the Wilmington Downtown, Inc. Board of Directors. The thirty-six member Board represents various downtown NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 600 constituencies, as well as City and County governments. The Board serves from July 1 to June 30 and meets quarterly. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to appoint Commissioner Davis to the Wilmington Downtown, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the Commission for Women Chairman Greer reported that one vacancy needs to be filled on the Commission for Women; one member was eligible for reappointment and four applications had been received. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Janet Coleman to a three-year term with the term to expire on May 31, 2009 on the Commission for Women. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Board Chairman Greer reported that four vacancies need to be filled on the Cooperative Extension Advisory Board with one application having been received. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Steven H. Everhart to a three-year term with the term to expire on May 31,2009 on the Cooperative Extension Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Public Transportation Authority/Wave Transit Authority Chairman Greer reported that one vacancy needs to be filled on the Cape Fear Public Transportation Authority/Wave Transit Authority; one member was eligible for reappointment and three applications had been received. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint William D. Bryden to a three-year term with the term to expire on December 31, 2009 on the Cape Fear Public Transportation Authority/Wave Transit Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:50 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11: 10 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 Item Presented by County Manager Bruce Shell County Manager Shell reported that an Open House for the Public is being held at the new 911 Center and Emergency Operations Center on Saturday, May 20,2006 from 10:00 a.m. until 2 p.m. Items Presented by Commissioner Kopp Commissioner Kopp requested the Board consider increasing the membership of the Parks and Recreation Advisory Board by three members for a total of eleven to include a representative from each of the Beach municipalities. Commissioner Kopp requested the Board consider the possibility of consolidating the County's Planning Department with the City of Wilmington's Planning Department. Item Presented by Commissioner Pritchett Commissioner Pritchett congratulated the graduates of UNCW and congratulated the University on awarding its first PhD. Item Presented by Vice-Chairman Caster Vice-Chairman Caster congratulated the graduates of Cape Fear Community College. CLOSED SESSION Chairman Greer announced that a Closed Session pursuant to N.C.G.S. 143-318.11(5) is needed to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 15,2006 BOOK 30 PAGE 601 acquisition of 5807 Murrayville Road and in negotiating the price and material terms of a proposed contract for the real property. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to convene to Closed Session, pursuant to N.C.G.S. 143-318.11(5) to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of 5807 Murrayville Road and in negotiating the price and material terms of a proposed contract for the real property. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 11: 15 a.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 11:57 a.m. and announced that the Board has given instructions to Staff concerning negotiations of a potential real estate acquisition. ADJOURNMENT There being no further business, Chairman Greer called for a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11 :58 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board