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HomeMy WebLinkAbout2009-12-07 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 714 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 7, 2009, at 6:00 p.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 Father Steven Carlson, St. Mark Catholic Church, gave the invocation. Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Chairman Davis requested a motion to approve the minutes of the following meetings: Agenda Review meeting held on November 12, 2009 Regular Session meeting held on November 16, 2009 Chairman Davis requested a motion to approve the minutes as presented by the Clerk to the Board. Motion : Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the minutes as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Jonathan Barfield, Jr.; Commissioner Jason R. Thompson; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis thanked his fellow Board members for allowing him to serve as Chairman for the past year stating that when Commissioners Barfield and Thompson were elected to the Board in 2008 the voters of the County were saying that they wanted a change in the composition and leadership of the Board; Vice-Chairman Thompson provided that leadership serving as Vice-Chairman for the past year. He continued stating that with the election of a new Chairman and Vice-Chairman it is time to take another step toward new leadership and therefore, at the appropriate time, he will be nominating Commissioner Thompson for Chairman and Commissioner Barfield for Vice-Chairman. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Davis nominated Commissioner Thompson for Chairman of the Board of County Commissioners. Commissioner Barfield seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: The Board voted unanimously to elect Commissioner Thompson to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Davis nominated Commissioner Barfield for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Caster seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: The Board voted unanimously to elect Commissioner Barfield to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. BREAK Commissioner Davis called for a break from 6:05 p.m. until 6:10 p.m. BOARD SEATED FOR 2008-2009 Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 715 Chairman Thompson and Vice-Chairman Barfield thanked their fellow Board members for the honor and for supporting them in their new roles for the ensuing year stating that they are looking forward to the challenges of the coming year and serving the citizens of New Hanover County. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item on the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Public Officials Bond Resolution  Legal Department The Commissioners, pursuant to General Statute 58-72-20, adopted the resolution verifying the surety bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector is adequate coverage and in full force and effect. A copy of the bond approval document is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 23.1. Approval of Release of Tax Values  Tax Department The Commissioners granted the recommended taxpayers the senior citizen/disability exclusion as presented. A copy of the senior citizen/disability exclusion report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 23.2. Adoption of Budget Ordinance Amendment  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-103 - Social Services 10-104 - Social Services 10-105 - Social Services 10-107 - Social Services 10-106 - Finance 10-108 - Museum 10-109 - Library 2010-34 - 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 23.3. REGULAR ITEMS OF BUSINESS RECOGNITION OF SERGEANT KIMBERLY D. MUNLEY FOR HER HEROIC ACTIONS DURING THE FORT HOOD ARMY BASE SHOOTING INCIDENT Chairman Thompson presented the request for the Board to recognize Sergeant Kimberly D. Munley for her heroic actions during the Fort Hood Army base shooting reporting that on November 5, 2009, a shooter opened fire at the Fort Hood Army Base in Texas killing thirteen and wounding several others. Sergeant Kimberly D. Munley and Senior Sergeant Mark Todd, members of the civilian police force at the base, have been credited with their heroic actions in stopping and apprehending the accused gunman. Sergeant Munley was wounded in the incident. Sgt. Munleys father, Dennis Barbour, is a former mayor of Carolina Beach. The Board recognized Sergeant Munley for her heroic actions during the Fort Hood Army Base shooting and presented a certificate of recognition to her family. On behalf of Sergeant Munley, Mr. Barbour, thanked the Board for the recognition and accepted the certificate. A copy of the certificate is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 23.4. RECOGNITION AND PRESENTATION OF PLAQUES TO THE VETERANS OF FOREIGN WAR POST 2573 LAW ENFORCEMENT OFFICER OF THE YEAR AND PARAMEDIC OF THE YEAR Fred Gainey, President, Veterans of Foreign War Post 2573 Men's Auxiliary and Joe Stanley, Commander of Veterans of Foreign War Post 2573 made the presentation of the plaques to the Veterans of Foreign War Law NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 716 Enforcement Officer of the Year, Sergeant C. L. Wilson, New Hanover County Sheriff's Office and the Veterans of Foreign War Paramedic of the Year, Katherine Johnson, New Hanover Regional Medical Center. The Board recognized the accomplishments of Sergeant Wilson and Ms. Johnson and thanked them for their service to New Hanover County. RECOGNITION OF FRANK CARTER AS ELECTRICAL INSPECTOR OF THE YEAR AND JIMMY SHIVAR AS THE NEW PRESIDENT OF THE NORTH CAROLINA ELLIS CANNADY CHAPTER OF THE INTERNATIONAL ASSOCIATION OF ELECTRICAL INSPECTORS Inspections Manager Dennis Bordeaux presented the request for the Board to recognize New Hanover County Electrical Inspector Frank Carter as Electrical Inspector of the Year and New Hanover County Electrical Section Supervisor Jimmy Shivar as President of the North Carolina Ellis Cannady Chapter of the International Association of Electrical Inspectors for 2010. The Board presented a plaque to Mr. Carter and recognized the accomplishments of Mr. Carter and Mr. Shivar and thanked them for their service to New Hanover County. PUBLIC HEARING AND APPROVAL OF REQUEST BY NORTH WILMINGTON COMMUNITY CHURCH, ON BEHALF OF, MIRACLE ROCK MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A CHILD DAYCARE FACILITY LOCATED AT 2907 BLUE CLAY ROAD IN AN I-2 INDUSTRIAL DISTRICT (S-597, 11/09) Chairman Thompson opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris OKeefe Annie George Deborah Futch Senior Planner Jane Daughtridge reported that North Wilmington Community Church, on behalf of Miracle Rock Ministries, is requesting a special use permit to operate a child daycare facility for up to twenty children located at 2907 Blue Clay Road in an I-2 Industrial District and presented a slide overview of the request. Currently Miracle Rock Ministries is leasing the facility from North Wilmington Community Church with an option to buy agreement in place. A condition that the outdoor play area be completely fenced is recommended. Director OKeefe read the findings of facts into the record and continued reporting that at the Planning Boards November 5, 2009 meeting they voted 5 to 0 to recommend approval based on the positive findings of fact as presented with the recommendation that the outdoor play area be completely fenced. No one spoke in opposition to the item. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Annie George, the Petitioner, stated that she is the Pastor of Miracle Rock Ministries and they are requesting the Special Use Permit to establish a child daycare facility. In response to Board questions, Ms. George stated that she is in agreement with the findings of facts as presented and the condition that the outdoor play area be completely fenced. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the special use permit request by North Wilmington Community Church, on behalf of Miracle Rock Ministries, based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the outdoor play area be enclosed with a fence. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the Special Use Permit and listing the findings of fact is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 29.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 717 PUBLIC HEARING AND ADOPTION OF ORDER TO CLOSE A PORTION OF CHAIR ROAD (SC-87, 09/09) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess presented the request to close a portion of Chair Road reporting that the River Bluffs Development Corporation has petitioned the County to close/abandon a portion of Chair Road (SR 1332). The portion that is proposed to be closed is a North Carolina Department of Transportation maintained and improved road and approximately 3,203 feet in length and contains a right-of-way that varies from approximately 100 to 230 feet. Chair Road is located adjacent to I-140 with no connection to I-140. In accordance with NCGS 153-A-241, a Resolution of Intent to close the road was adopted by the Board of County Commissioners at their regular meeting on November 2, 2009. Access and interconnectivity of property provides vital links for delivery of public services as well as efficient traffic flow. At the present time, there is no alternative access for parcels 10-16, and although the petitioner has acquired those parcels, they have not yet been incorporated into the master development plan. Inspections and Planning Director Chris OKeefe reported that staff recommends approval of the proposed closure with the condition that the effective date of closure be no sooner than the master plan for the planned development has been amended to show an acceptable access and interconnectivity alternative. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Burrows Smith, River Bluffs Development Corporation, presented an overview of the request to close a portion of Chair Road stating that their plan is to connect into Rockhill Road through the existing Sunset Reach subdivision stub road. This is the first step in the process before the request is submitted to NCDOT. The request for abandonment of the existing portion of Chair Road through their development is to allow them to install a berm on the property for noise abatement along I-140. In response to Board questions concerning the condition that the master plan be amended prior to approval, Mr. Smith stated that he would prefer to have a clean approval without any conditions to submit to NCDOT. A development plan will be submitted to the Planning Department before NCDOT approval has been received, with a rough draft projected to be submitted to staff by next Tuesday. Hearing no comments, Chairman Thompson closed the Public Hearing. After a brief Board discussion concerning the need for interconnectivity and connection to Rockhill Road, yet the desire to accommodate the request, Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the closing of a portion of Chair Road as presented with the condition that Chair Road be connected, directly or indirectly, to Rockhill Road. Substitute Motion: Commissioner Greer MOVED to approve the closing of a portion of Chair Road as requested by the Petitioner with no additional conditions. The motion died for lack of a second. In response to Board questions, Director OKeefe stated that although staff prefers approval with the original condition they are satisfied with the motion that is on the floor. Chairman Thompson called for a vote from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the closing of a portion of Chair Road as presented with the condition that Chair Road be connected, directly or indirectly, to Rockhill Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 23.5. TEN-YEAR PLAN TO END CHRONIC HOMELESSNESS UPDATE Dan Ferrell, Strategic Director for the Ten-Year Plan to End Chronic Homelessness, presented a summary of actions to date to address homelessness in the Cape Fear Region highlighting the following: · Homelessness Prevention and Rapid Re-housing Recovery Act Grant: · $1.2 million over three years for Cape Fear Area. · Targeted to rental households at less than 50% of Average Median Income. · Rental payment assistance, utility assistance, moving and storage assistance, rental and utility deposit assistance, limited motel assistance. · Additional grant funding has been received by Blue Cross and Blue Shield of North Carolina Foundation and the United Way. · Make-A-Change Yellow Donation Meter Project Update: · Five meters up and running at the following locations: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 718 · US Post Office · New Hanover County Main Library · City Hall · New Hanover County Courthouse · Bailey Theater Park · Five additional meters have been installed and will be operational within the next two weeks. · Observable reduction in panhandling in targeted areas. · WAVE Transit advertising. · Circles of Support Program Update: · Faith-based mentoring teams for previously homeless people. · Effectively stabilizes homeless households in housing. · Successful Model located in Knoxville, TN. · Does not duplicate or countermand efforts of the caseworker; caseworker driven. · Fills gaps created by eliminated state services. · Training scheduled for January 2010. · Upcoming Events: · January 27, 2010 - Continuum of Cares Annual Point in Time Count · January 28, 2010 - Pajama Party (10 Year Plan Fundraiser) · January 29, 2010 - Wear Your PJs to Work Day On behalf of the Board, Chairman Thompson thanked Mr. Ferrell for the update. APPROVAL OF REQUEST TO RENEW THE BIOLOGICAL MONITORING CONTRACT WITH LAND MANAGEMENT GROUP, INC. FOR THE MASON INLET RELOCATION PROJECT Jim Iannucci, County Engineer, presented the request to renew the contract for biological monitoring with Land Management Group, Inc. to meet the permit requirements of the Mason Inlet Relocation Project. Continued biological monitoring for year 8 is a requirement of the project and remains a condition of the US Army Corp of Engineer permit. Land Management Group, Inc. has submitted a proposal in the amount of $22,750 which is the same amount of the year 7 contract. The cost will be repaid through assessment by the benefiting property owners. The co-chairs of the Mason Inlet Preservation Group representing both Figure 8 Island and the Wrightsville Beach property owners have reviewed and approved this request. Staff recommends that the Board approve the award of the year 8 contract for continued biological monitoring of the inlet project to Land Management Group in the amount of $22,750, and authorize the Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project fund. Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to award the year 8 contract for continued biological Monitoring of the inlet project to Land Management Group, Inc, in the amount of $22,750, and authorize the Chairman to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. ADOPTION OF RESOLUTION WAIVING RECOVERY ZONE FACILITY BOND ALLOCATION Finance Director Avril Pinder presented the request to the Board to adopt the resolution waiving recovery zone facility bond allocation highlighting the following information: · The American Recovery and Reinvestment Act authorized a new type of federally tax exempt private activity bond entitled "Recovery Zone Facility Bonds". · These funds can be used to finance construction, renovation, or acquisition of depreciable property, other than residential rental property and certain prohibited uses outlined in the Code, by a private taxpayer. · The proposed project must be shovel-ready. · The deadline for submittal is December 25, 2009. · The State allocated funds in the amount of $9,264,000 to New Hanover County. · At this time, staff is unaware of any private/public partnership projects pending that are eligible for this funding. The State has established procedures which allow for a recipient to waive its allocation and designate it to another jurisdiction. The Lower Cape Fear Water Sewer Authority has requested New Hanover County designate its allocation to Bladen County for use by the Smithfield Packing Company in the construction of the Bladen Bluffs Regional Surface Water/Sewer System. Staff has determined it is in the best interest of the County to waive the Recovery Zone Facility Bonds Allocation in the amount of $9,264,000 and request the State to designate this allocation to Bladen County for use by Smithfield Packing Company in the construction of the Bladen Bluffs Regional Surface Water/Sewer System. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 719 The use of the funds in Bladen County will have a positive economic impact on the entire region. If the funds are returned to the State then they will be returned to a pot of money that other regions can apply for. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution waiving Recovery Zone Facility Bond Allocation funds in the amount of $9,264,000 and request the State designate this allocation to Bladen County for use by Smithfield Packing Company in the construction of the Bladen Bluffs Regional Surface Water/Sewer System as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 23.6. RATIFICATION OF GRANT APPLICATION SUBMITTED TO THE NORTH CAROLINA DIVISION OF PUBLIC HEALTH IN PARTNERSHIP WITH THE GUILFORD COUNTY DEPARTMENT OF PUBLIC HEALTH Deputy Health Director Eric Ireland and Tobacco Prevention Educator Erin Morrissette presented the request to the Board to ratify a grant application that was submitted to the North Carolina Division of Public Health, Chronic Disease and Injury Prevention Section, American Recovery and Reinvestment Act Grant, Communities Putting Prevention to Work in partnership with the Guilford County Department of Public Health for funds in the amount of $1.3 million. If awarded, the funds will be used for tobacco initiatives to implement local ordinances prohibiting smoking in public places, specifically, county and municipal government grounds and County beaches protecting the public from secondhand smoke exposure. Funding will also be used to promote the 1-800-QUIT-NOW tobacco cessation hotline and to implement a Youth Risk Behavior Survey in New Hanover County Schools to study youth tobacco initiation rates. Five and one-half full-time positions are being requested using these funds as well as rental space for storage and offices. No local match is required. The positions and program will be discontinued once funding is no longer available. After brief discussion Chairman Thompson requested direction from the Board. Commissioner Greer stated that he would be voting in opposition to the request because he is not in favor of applying for funds when he is not in favor of instituting local ordinances prohibiting smoking on the beaches. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to ratify the grant application submitted to the North Carolina Division of Public Health in partnership with the Guilford County Department of Public Health as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. A copy of the grant application is available for review at the Health Department. RATIFICATION OF GRANT APPLICATIONS SUBMITTED TO THE NORTH CAROLINA OFFICE OF MINORITY HEALTH GRANTS, COMMUNITY FOCUSED ELIMINATING HEALTH DISPARITIES INITIATIVE HEALTH PROGRAMS Deputy Health Director Eric Ireland presented to the Board the request to ratify the applications submitted to the North Carolina Office of Minority Health Grants, Community Focused Eliminating Health Disparities Initiative. The amount of the request is in the amount of $900,000 over a three-year period in the amount of $100,000 per year, per program. No local funds are requested. Positions and programs will be eliminated once funding has ended. Rental space for storage and/or staff is included in our requested funding. The grant focuses on the use of preventive measures to support healthy lifestyles for faith-based and community-based organizations, American Indian Tribes, and local health departments to close the gap in the status of African Americans, Hispanics/Latinos, and American Indians as compared to the white population. The six areas of focus are: infant mortality, HIV/AIDS and other sexually transmitted infections, cancer, diabetes, homicides, and motor vehicle deaths. If awarded, the funding will be used as follows: · Reduce the rate of minority infant mortality in New Hanover County - Infant Mortality in the amount of $300,000; includes part-time positions: maternal outreach worker program assistant, health educator and administrative support technician. · Increase testing, screenings, and education at non-traditional sites for African Americans and Latinos - HIV/AIDS in the amount of $300,000; includes two positions: one full-time health educator and one part-time administrative support technician. · Increase educational awareness, prevention, screening, and disease self management for diabetes in the amount of $300,000; includes part time positions: registered nurse, registered dietician, and administrative support technician. Chairman Thompson requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 720 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to ratify the applications submitted to the North Carolina Office of Minority Health Grants, Community Focused Eliminating Health Disparities Initiative Health Programs in the amount of $900,000 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review at the Health Department. APPROVAL OF AMENDMENTS TO HEALTH DEPARTMENT FEE POLICY TO ADD BILLING CODE AND FEE FOR ADMINISTRATION OF H1N1 VACCINE Department of Health Support Services Manager Kim Roane presented the request to change the Health Department fee policy to add new billing codes and the associated fees for billingthird party insurers for the administration of the H1N1 vaccine retroactive to October 6, 2009. The vaccine is offered at no out-of-pocket cost to the patient, but the Health Department is permitted to bill the administration fee to third party insurers. After brief discussion Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the request to change the Health Department fee policy to add new billing codes and the associated fees for billingthird party insurers for the administration of the H1N1 vaccine retroactive to October 6, 2009 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the fee policy is available for review at the Health Department. COMMITTEE APPOINTMENTS Appointment to the Adult Care Community Advisory Committee Chairman Thompson reported that a vacancy needs to be filled on the Adult Care Community Advisory Committee with one applicant eligible for reappointment and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to reappoint L. Thomas Jennings to serve a three-year term on the Adult Care Community Advisory Committee with the term to expire December 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Health Chairman Thompson reported that three vacancies needs to be filled on the Board of Health with three applicants eligible for reappointment and two new applications having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to reappoint C. Benjamin Spradley in the General Public category, Dr. Virginia Adams in the Nurse category and James R. Hickmon, in the Pharmacist category to serve three-year terms on the Board of Health with the terms to expire December 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Public Transportation Authority Chairman Thompson reported that one vacancy needs to be filled on the Cape Fear Public Transportation Authority in the Human Service Agency Representative category which is jointly appointed by the City Council and the Board of Commissioners. One new application has been received. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Linda Pearce in the Human Service Agency Representative category to serve a three-year term on the Cape Fear Public Transportation Authority with the term to expire on December 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Council Chairman Thompson reported that two vacancies of unexpired terms need to be filled on the Cooperative Extension Advisory Council with one new application having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to appoint Andy Mills to serve an unexpired term on the Cooperative Extension Advisory Council with the term to expire on May 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Plumbing Board of Examiners Chairman Thompson reported that two vacancies need to be filled on the Plumbing Board of Examiners in the Master Plumber category and Journeyman Plumber category with applicant eligible for reappointment and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to reappoint Randall J. Siegel in the Journeyman Plumber category to serve a three-year term on the Plumbing Board of Examiners with the term to expire on December 1, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Thompson called for a break from 8:02 p.m. until 8:11 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 721 NON-AGENDA ITEMS No items were presented. ADDITIONAL ITEM NEW HANOVER COUNTY ABC BOARD PRESENTATION AND DISCUSSION County Manager Bruce Shell presented an overview of the New Hanover County ABC Board highlighting the following: · The New Hanover County ABC Board is one of approximately 150 Boards in North Carolina. · The NHC Board operates seven retail stores and one mixed beverage store. · The Sheriffs Office is contracted with the ABC Board to investigate violations of the ABC Laws in NHC. · According to State statutes, the Board of Commissioners has the responsibility of appointing the three- member New Hanover County ABC Board on a staggered-term basis and designate one member as the Chairman. · The Chairman is paid $250 a month while the other members receive $200 in monthly compensation. · The local ABC Board appoints the administrator and determines the compensation for the staff. · The employees are not County employees. · The audited financial statements are included in the countys financial statements. · Upon review of the June 30, 2009 audit, the ABC Board is financially strong. Steve Culbreth, New Hanover County ABC Board member, presented an overview of the duties and responsibilities of the local ABC Board stating that New Hanover County has the second highest percentage of profits in the State due in large to the efforts of Administrator Billy Williams and Assistant Administrator Bradley Williams. The employees are employees of the NHC ABC Board and not of the State. He spoke on the relationship between the Administrator and his son, stating that in his opinion Mr. Williams is tougher on his son than on others and that he has never received complaints from other employees about preferential treatment. Mr. Williams is an excellent administrator. The Board admits that the raises given the last fiscal year were inappropriate considering the economic climate in the rest of the County and in hindsight; they should not have been awarded. The raises were based on increases in profitability of the system. All the stores are owned outright and are debt-free a th reflection that the administrator has done a good job. In speaking on the 17 Street project, he stated that the Board followed advice from City of Wilmington officials and staff and were not aware when the parcels were purchased th that they were in the proposed Historic District Overlay. When the 17 Street project was delayed, the Board moved nd to the 2 in priority project, which is the Carolina Beach store. A new retail store and an expansion of the Liquor by th the Drink store which is located at 17 and Castle Streets are future projects. Commissioner Caster acknowledged that the organization is well run and making profits but voiced concern on the large salary of the administrator and the issue of nepotism. He stated that the expansion controversy th on 17 Street is a different issue and that he was told it was more cost effective to tear the houses down than to renovate them; to his knowledge, the houses were offered up for relocation before demolition. Vice-Chairman Barfield stated that he appreciated the profit margin and money that goes into the community but voiced concern about the large salary increases that were awarded to the Administrator and Assistant Administrator when County employees received a 4% decrease in their pay adding that a nepotism policy needs to be instituted such as the County and State have in their personnel policies. A salary comparison study should have been conducted before any raises were awarded. He voted in opposition to Mr. Hansons reappointment on the th NHC ABC Board, for among other reasons, the debacle with the 17 Street store expansion. In response to Board questions, Mr. Culbreth stated that City Planning Staff recommended that they buy the entire block to cut down on the competition and that they were not made aware that the property was in a proposed Historic Overlay District. In response to Board questions, Mr. Culbreth confirmed that currently they have approximately $4 million in fund balance and as required by General Statute, the minimum distribution amount for FY08-09 has been made to the County and municipalities. Fund balance is kept for contingencies and has been used to pay off the existing stores; salaries are paid from the operational budget. It is his understanding that the percent of increase was not out of line with what other systems were awarding but it is difficult to find out that information. He repeated that in his opinion, the administrators salary has probably maxed out although he is only one of three votes. Commissioner Greer stated that he agrees that the salaries are too high and out of line but he feels the Administrator and staff do a good job which results in the high sales and profit margin. The NHC ABC Board did NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 7, 2009 PAGE 722 everything on the property purchase that they were told to do. He concluded in thanking Mr. Culbreth for putting so much money back into the county and municipalities. Commissioner Davis suggested the NHC ABC Board and the Board of Commissioners hold a joint meeting on an annual basis for updates and progress reports. County Manager Shell clarified that the NHC ABC employees are not state or county employees but do participate in the state retirement system. Chairman Thompson stated that he has received complaints voicing concerns about how employees can complain about the boss son. The nepotism issue needs to be addressed by instituting a policy. He asked if the other thirty-seven employees salaries were comparable with the administrators and assistant administrators salary margin. In response to Board questions, Mr. Culbreth stated that the Board plans to meet with City officials and th staff to see if they can get approval and proceed with the 17 Street project. In closing, Chairman Thompson stated that the Board was looking forward to meeting with the NHC ABC Board for a joint meeting within the next ninety days. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 9:06 p.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.