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2006-07-24 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 634 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 24, 2006, at 9:05 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; 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 Carl A. Byrd, Sf., Director of the Human Relations Department gave the invocation. Commissioner Pritchett 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. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, 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 Special meeting, Closed Session meeting and Regular meeting held on July 10, 2006 as presented by the Clerk to the Board. Authorization for the Health Department to Submit a Grant Application to the "Eat Smart Move More", North Carolina Community Grants Program - Health Department The Commissioners authorized the Health Department to submit a grant application to the "Eat Smart Move More", North Carolina Community Grants Program in the amount of $20,000. If awarded, the funds will be used to implement the Winners Circle Health Dining Program. Partners included in this initiative are UNCW, PPD and Cape Fear Healthy Carolinians. Approval of Personnel Policy Revisions - Human Resources Department The Commissioners approved revisions to the following Community Services Leave, Family and Medical Leave and Reinstatement Personnel Policies: . Community Services Leave - The revision clarifies to employees that the usage of this leave is tracked by the pay check date. . Family and Medical Leave - The revision streamlines the policy and ensures that paid leave as well as unpaid leave will be appropriately designated and tracked as Family Medical Leave Act leave. . Reinstatement - The revision restores the balance of unused sick leave previously accrued by the reinstated employee to the employee's sick leave account; to treat former employees equitably with employees who transfer from another local government or state agency and are allowed by our policy to transfer unused sick leave to their sick leave account here. Approval of the 2006 Edition of the Records Retention and Disposition Schedule - Sheriff's Office The Commissioners approved the 2006 Edition of the Records Retention and Disposition Schedule for the Sheriff's Office. According to North Carolina General Statutes 121-5 and 132-3, agencies may only destroy public records with the consent of the Department of Cultural Resources unless the Board approves the 2006 Edition of the Records Retention and Disposition Schedule. Authorization to Submit a Grant Application to the North Carolina Governor's Highway Safety Program for 2007 Funding and Adoption of the Local Governmental Resolutions- Sheriff's Office The Commissioners authorized the Sheriff's Office to submit three grant contracts to the North Carolina Governor's Highway Safety Program for 2007 funding and adopted the Local Governmental Resolutions. Three project concept statements submitted by the Sheriff's Office have been approved and the next requirement of the funding process is to submit the grant contracts and local governmental resolutions. If awarded, the funds will be used for the following projects with General Fund Contingency funds being used for the local match requirements: . Funding for second year Safe Roads Project personnel costs for two positions in the amount of $119,120 with matching funds in the amount of $29,780. If awarded, the funds will be used to increase traffic enforcement in problem areas. . Cameras to be used by deputies to record traffic violations while on patrol in the amount of $33,000 with matching funds in the amount of $16,500. If awarded, the funds will be used for six NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 635 in-car cameras to increase prosecution of violators and secure convictions. . Equipment and travel funds for Sheriffs Office personnel to assist in gathering statistics and coordinate the initiatives of the "Booze It and Lose It" and "Click It or Ticket" campaigns for Region 2 in the amount of $10,000 with no local match required. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 7.1. Consideration of Offer to Purchase Surplus Property and Authorization of Upset Bid Process - Legal Department The Commissioners considered an offer by Ray and Grace Patterson to purchase surplus property located at 109 Cannon Road in the amount $500 and authorized staff to advertise the purchase for upset bids. The Engineering Department has requested that a utility easement be created and retained on, over and across the parcel in its entirety making the parcel not buildable. Any proceeds will be directed to the Engineering Drainage Account. Approval of Budget Amendment - Sheriff's Office The Commissioners approved the following budget amendment: Budget Amendment Number: 2007-03 Department: Sheriff BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the Federally Forfeited Property Fund. Section 1. The following appropriation is hereby made to the Federally Forfeited Property Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Supplies Capital Outlay - Motor Vehicle Decrease Increase $48,955 $ 5,607 Revenue Federal Forfeited Property Miscellaneous Revenue Decrease Increase $48,955 $ 5,607 Explanation: To budget additional Federal Forfeited Property funds received on June 14 and June 27, 2006, and insurance proceeds for a totaled vehicle. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager Shell requested the following employees to step forward to receive service awards: Karen M. Vincent - Social Services Department - 28 years of service - accepted on her behalf by brother- in-law, Mark Vincent Helen C. McKoy - Social Services Department - 32 years of service On behalf of the Board, Chairman Greer presented a retirement plaque to each employee, expressed appreciation and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Charles D. Zearfoss - Sheriffs Office Suzette H. Spencer - Health Department Fifteen Year: Edward 1. McMahon - Sheriffs Office Nancy R. Russ - Health Department Twenty Year: Teresa P. Elmore - Deputy Clerk to the Board Stephen T. Edens - Landfill Willie S. Springer - Landfill Twenty-Five Year: Betty M. Maynard - Sheriffs Office Martha A. Robinson - Health 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 636 RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Diane Champagne - Health Department Steve Still - Inspections Department Lee Monical - Public Safety Communications Caroline Barnes - Social Services Department Sherrie Eckman - Social Services Department Helen Nelson - Social Services Department Robin Caison - Tax Department Cheryl McClammy - Tax Department William Pinnix - Water and Sewer Engineering On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF RESOLUTION, APPROVAL OF CERTIFICATE OF CANVASS AND AUTHORIZATION FOR THE PUBLICATION OF THE STATEMENT OF RESULTS FOR THE 2006 ISSUE OF PARKS AND RECREATION BONDS Chairman Greer reported that on May 2, 2006, a Referendum was held in order for the voters to decide on the $35.5 million Parks and Recreation Bonds issue. The Board is being requested to, adopt the resolution reflecting the results of the May 2, 2006 election, approve the Certificate of Canvass and authorize the publication of the Statement of Results. Chairman Greer requested Clerk to the Board Sheila Schult to read the Certificate of Canvass. Clerk to the Board Schult read the Certificate of Canvass into the record. Chairman Greer requested a motion to approve the Certificate of Canvass. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the Certificate of Canvass as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the Board is being requested to consider for adoption the resolution reflecting the final number of votes for each bond question and direct the Clerk to the Board to publish the Statement of Results as presented in the Resolution and requested a motion from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution reflecting the final number of votes for each bond question and direct the Clerk to the Board to publish the Statement of Results. 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 7.2. ADOPTION OF RESOLUTION AUTHORIZING INTEREST RATE SWAP POLICY County Manager Bruce Shell reported that the resolution for the Interest Rate Swap Policy authorizes the Board of Commissioners to enter into interest rate hedging instruments for the purpose of managing interest rate risk on or interest rate costs of the County's obligations, subject to the approval of the North Carolina Local Government Commission. Upon adoption of the Swap Policy, the County Manager and the County Finance Director are authorized to execute a Swap Agreement as defined in the Swap Policy. The Swap Policy outlines that a Swap Agreement may only be used for the following purposes: . To achieve significant savings as compared to a product available in the conventional market. . To enhance investment returns within prudent risk guidelines. . To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the County. . To incur variable rate exposure, such as selling interest rate caps or entering into a swap in which the County's payment obligation is floating rate. . To achieve more flexibility in meeting the County's overall financial objectives than can be achieved in conventional markets. The Board must receive an opinion acceptable to the market from a recognized bond counsel law firm that the Swap Agreement is a legal, valid and binding obligation of the County and entering into the transaction complies with applicable law. The North Carolina Local Government Commission must approve the Swap Agreement. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution authorizing an Interest Rate Swap Policy. Upon vote, the MOTION CARRIED UNANIMOUSL Y. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 637 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 7.3. Chairman Greer reported that Regular Agenda Item #6 - Adoption of Resolution Directing the Filing of an Application with the Local Government Commission for Approval of the Issuance of Hospital Revenue Bonds has been pulled. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Greer reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee and five applications had been received and requested nominations from the Board. Commissioner Kopp nominated Gloria R. Buzzell, Elizabeth Schulz, Martha H. Stein, Cecil W. Sutton and Karen McDowell Vincent. The nominations were seconded by Vice-Chairman Caster. Vote: The Board voted to appoint Gloria Buzzell, Elizabeth Schulz, Martha H. Stein, Cecil W. Sutton and Karen McDowell Vincent to serve one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire July 31, 2007. Appointments to the Airlie Gardens Foundation Board of Directors Chairman Greer reported that four vacancies need to be filled on the Airlie Gardens Foundation Board of Directors with two applicants eligible for reappointment and nine applications having been received and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to reappoint H. Lee Durham to a three-year term with the term to expire on June 30, 2009 on the Airlie Gardens Foundation, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to reappoint Linda Venters to a three-year term with the term to expire on June 30, 2009 on the Airlie Gardens Foundation, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis nominated James Patrick Morton. The nomination was seconded by Vice-Chairman Caster. Commissioner Davis nominated Eddie Crowell. The nomination was seconded by Commissioner Kopp. Vice-Chairman Caster nominated Hannah Holt. No second was received. Chairman Greer called for a vote on the nominations. Vote: The Board voted unanimously to appoint James Patrick Morton to serve a three-year term on the Airlie Gardens Foundation Board of Directors with the term to expire June 30, 2009. Vote: The Board voted unanimously to appoint Eddie Crowell to serve a three-year term on the Airlie Gardens Foundation Board of Directors with the term to expire June 30, 2009. Appointment to the Cape Fear Museum Advisory Board Chairman Greer reported that one vacancy of an unexpired term needs to be filled on the Cape Fear Museum Advisory Board and one application had been received. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to appoint Jack Mills to fill an unexpired term with the term to expire on June 30, 2008 on the Cape Fear Museum Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Inspections Department Advisory Council Chairman Greer reported that four vacancies need to be filled on the Inspections Department Advisory Council with two applicants eligible for reappointment and six applications having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to reappoint David Nathans to the Commercial Builder category to a three year term with the term to expire on July 31, 2009 on the Inspections Department Advisory Council. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to reappoint Neal W. Andrew to the Engineer category to a three year term with the term to expire on July 31, 2009 on the Inspections Department Advisory Council. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 638 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp to appoint James Steele Williams III to the Mechanical Contractor category to a three year term with the term to expire on July 31, 2009 on the Inspections Department Advisory Council. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp to appoint William C. Tchouros to the Plumbing Contractor category to a three year term with the term to expire on July 31,2009 on the Inspections Department Advisory Council. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Planning Board Chairman Greer reported that three vacancies need to be filled on the Planning Board and thirteen applications had been received and requested nominations from the Board. Commissioner Pritchett nominated Paul Davis Boney. The nomination was seconded by Commissioner Davis. Commissioner Kopp nominated James W. Williams, III. The nomination was seconded by Vice-Chairman Caster. Commissioner Kopp nominated Melissa Gott Johnson. The nomination was seconded by Chairman Greer. Vice-Chairman Caster nominated 1. Clark Hipp. No second was received. Commissioner Pritchett nominated James F. Merritt. No second was received. Commissioner Davis nominated Roger N. Ryan. No second was received. Commissioner Davis nominated Brian Berger. No second was received. Chairman Greer called for a vote on the nominations. Vote: The Board voted unanimously to appoint Paul Davis Boney to serve a three-year term on the Planning Board with the term to expire July 31, 2009. Vote: The Board voted unanimously to appoint James W. Williams, III to serve a three-year term on the Planning Board with the term to expire July 31, 2009. Vote: The Board voted unanimously to appoint Melissa Gott Johnson to serve a three-year term on the Planning Board with the term to expire July 31, 2009. Appointment to the Cape Fear Public Transportation Authority/W A VE Transit Authority Chairman Greer reported that one vacancy needs to be filled on the Cape Fear Public Transportation Authority/WAVE Transit Authority with one applicant eligible for reappointment and five applications had been received. Commissioner Pritchett nominated Christine McNamee. Commissioner Kopp seconded the nomination. Commissioner Kopp nominated C. Benjamin Spradley. Vice-Chairman Caster seconded the nomination. Chairman Greer called for a vote on the nominations. Vote: The Board voted unanimously to reappoint Christine McNamee to serve a three-year term on the Cape Fear Public Transportation Authority/WAVE Transit Authority with the term to expire December 31, 2009. Appointment to the Zoning Board of Adjustment Chairman Greer reported that one alternate vacancy of an unexpired term needs to be filled on the Zoning Board of Adjustment and four applications had been received. Commissioner Kopp nominated Peter De Vita. The nomination was seconded by Vice-Chairman Caster. Hearing no further nominations, Chairman Greer called for a vote on the nomination. Vote: The Board voted unanimously to appoint Peter DeVita to serve as an alternate on the Zoning Board of Adjustment with the term to expire December 1,2007. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9:46 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:05 a.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 24, 2006 BOOK 30 PAGE 639 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 APPROVAL OF CHANGES TO THE SPECIAL EVENTS CONTRACT AND FEE SCHEDULE FOR AIRLIE GARDENS Airlie Gardens Director Jim McDaniel reported that the Board is being requested to approve changes to the Special Events Contract and Fee Schedule for Airlie Gardens. The changes are intended to increase revenue to the Airlie Gardens Foundation and to provide for repairs to damages that occur during events while keeping the fees competitive. The Airlie Gardens Foundation Board has approved these changes. After a brief question and answer period, Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster to approve the changes to the Special Events Contract and Fee Schedule for Airlie Gardens. Upon vote, the MOTION CARRIED UNANIMOUSLY. Additional Item Vice-Chairman Caster requested that, in the near future, Staff provide an update to the Board concerning pending cable franchise legislation at both the Federal and State levels. ADJOURNMENT There being no further business, Chairman Greer called for a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:20 a.ill. Respectfully submitted, Sheila L. Schult Clerk to the Board