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2007-05-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 92 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 7, 2007, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley, and Deputy Clerk to the Board Teresa P. Elmore. Vice-Chairman Robert G. Greer was absent. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Todd Wright, Senior Pastor, Little Chapel on the Boardwalk, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Caster announced that Consent Agenda Item # 8 - Approval of Flemington Soccer Complex Interlocal Agreement was removed from the Consent Agenda. He requested staff to bring the item before the Board as a public hearing item and in the meantime, staff should work with the soccer associations and help resolve some of the issues between the groups. He asked if any member of the Board would like to remove any other item from the Consent Agenda for discussion. Hearing no further comment, Chairman Caster requested a motion from the Board to approve the remaining items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Agenda Review meeting held on April 12, 2007 and Regular Session meeting held on April 16, 2007 as presented by the Clerk to the Board. Adoption of Resolution to Add Brittany Lakes Drive, Hallstead Court, Millheim Court, Dove Field Drive and Tewkesberry Court to the State Highway System The Commissioners adopted the resolution to add Brittany Lakes Drive, Hallstead Court, Millheim Court, Dove Field Drive and Tewkesberry Court to the State Highway System (Div. File No: 996-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 21.1. Acceptance of Funds from the Clean Water Management Trust Fund and Adoption of Budget Ordinance Amendment ? Airlie Gardens The Commissioners accepted funds on behalf of Airlie Gardens in the amount of $25,000 and adopted the Budget Ordinance Amendment 07-209. The funds will be used for Stormwater Planning and Best Management Practices Implementation. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 21.2. Adoption of Resolution Awarding Bid and Contract to Cooper Kenworth, Inc. for the Purchase of One Roll- Off Truck with Tarping System and Adoption of Budget Ordinance Amendment ? Environmental Management The Commissioners adopted the resolution awarding Bid #07-0380 and Contract #07-0380 to Cooper Kenworth, Inc., in the amount of $117,389, for the purchase of a roll-off truck with tarping system, authorized the County Manager to execute the contract, and adopted Budget Ordinance Amendment 07-213. Copies of the resolution and Budget Ordinance Amendment are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 21.3. Authorization to Submit a Grant Application to the Department of Juvenile Justice and Delinquency Prevention Program ? Juvenile Day Treatment Center The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application to the Department of Juvenile Justice and Delinquency Prevention Program, in the amount of $18,000. If awarded, the funds will be used to purchase a digital imaging system to store client information electronically to comply with the requirement that all client information is to be stored for twelve years beyond their 18th birthday. No local match is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 93 required. Authorization to Submit a Grant Application to the Cape Fear Area United Way ? Juvenile Day Treatment Center The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application to the Cape Fear Area United Way in the amount of $58,000. If awarded, the funds will be used to support the community service learning program which teaches clients the value of volunteering for services in one?s community. No County match is required. Authorization to Submit a Grant Application to the Cape Fear Garden Club, Inc. ? Juvenile Day Treatment Center The Commissioners authorized the Juvenile Day Treatment Center to submit a grant application to the Cape Fear Garden Club, Inc., in the amount of $8,000. If awarded, the funds will be used to complete landscaping in the front and along the side of the Day Treatment Center. No local match is required. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 07-198 - Health Department 07-204 - Health Department 07-211 - General Fund Copies of the Budget Ordinance Amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 21.4. REGULAR AGENDA DISCUSSION OF PROPOSED LEGISLATION ON BROWNFIELD LANDFILLS IN REGARDS TO THE FLEMINGTON SOCCER COMPLEX Commissioner Pritchett stated that since the soccer complex is built on an old landfill, she felt the County needs to know the impact of proposed legislation on orphaned landfills. She requested John Hubbard, Director of Environmental Management, to respond. Director Hubbard reported that Flemington Landfill is the only orphaned landfill in New Hanover County that has had any environmental remediations. However, the Environmental Protection Agency has released the site as a Brownfield site. The Cape Fear Soccer Association will further improve the site by providing a better cap for the landfill. No further remediation of the landfill is required. ADOPTION OF PROCLAMATION DECLARING MAY 12-20, 2007 AS NATIONAL TOURISM WEEKIN NEW HANOVER COUNTY Chairman Caster reported that Kim Hufham, President and CEO of the New Hanover County Tourism Development Authority, has requested the Board adopt a proclamation declaring May 12-20, 2007 as National Tourism Week in New Hanover County. This is in conjunction with the 24th Annual National Tourism Week, a national observation as set forth by the Travel Industry Association of America. Chairman Caster read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring May 12-20, 2007, as National Tourism Week in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. On behalf of the tourism industry in New Hanover County, Ms. Hufham accepted the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 21.5. RECOGNITION OF NEW HANOVER HIGH SCHOOL WILDCATS Chairman Caster reported that the men?s basketball team from New Hanover High School was in the audience to be recognized for winning the 4A State Basketball Championship. They defeated Charlotte Vance 39- 35 on March 10, 2007 at the Smith Center in Chapel Hill to win the state championship for the first time since 1968. On behalf of the Board, Chairman Caster recognized Chris Furr, Principal of New Hanover High School, Coach Linc Lyles, and members of the men?s basketball team and congratulated the New Hanover High School Wildcats for winning the 4A State Basketball Championship. Commissioner Kopp and Commissioner Davis, alumni of NHHS, expressed appreciation and congratulations to Basketball Coach Lyles and the 2007 State Basketball Champions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 94 ADOPTION OF PROCLAMATION DECLARING MAY 2007, AS NATIONAL HISTORIC PRESERVATION MONTHIN NEW HANOVER COUNTY Chairman Caster reported that George Edwards, Executive Director of the Historic Wilmington Foundation, has requested the Board adopt a proclamation declaring May 2007, as National Historic Preservation Month in New Hanover County. Chairman Caster read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring the month of May 2007, as National Historic Preservation Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Susi Hamilton and George Edwards accepted the proclamation and invited the Board and public to join in the festivities and events planned for the month. Mr. Edwards presented a copy of the Foundation?s pictorial th publication Rescue, Restore, Renew in celebration of its 35 anniversary. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 21.6. MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW Chairman Caster convened from Regular Session at 5:53 p.m. to hold a meeting of the New Hanover County Board of Equalization and Review. Chairman Caster reconvened to Regular Session at 6:03 p.m. APPROVAL OF REQUEST TO REALLOCATE FUNDS OF THE NEW HANOVER COUNTY DRUG TREATMENT COURT New Hanover County DistrictCourt Judge James H. Faison, III, on behalf of the New Hanover County Drug Treatment Center, presented a request thatthe County approve the reallocation of $42,000 previously designated for a Drug Treatment Court Case Manager position to in-patient treatment for female clients. Since FY05-06 New Hanover County has provided partial funding for the Drug Treatment Court Case Manager position when the State would no longer fund the position. County funds were budgeted in FY06-07 for the position but the State has resumed funding of the position and the budgeted funds will not be needed as designated. The Joint Legislative Oversight Commissioner on Mental Health has included a recommendation for a female in-patient facility in its final report. In the meantime, female clients are still without an option for in-patient treatment unless they are sentenced to prison. Reallocation of the funds will enable Drug Court to address the urgent need of in-patient treatment until a state-sponsored female in-patient treatment facility becomes a reality. In discussion of the budgeted funds, County Manager Shell explained that any remaining funds would revert to the fund balance unless the Commissioners designated otherwise. No budget amendment was needed because the Budget Director has the authority to move funds between line items. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the reallocation of $42,000 previously designated for Drug Treatment Court Case Manager position to fund in-patient treatment for female clients until the budgeted funds are exhausted. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING CONCERNING ISSUANCE OF INSTALLMENT DEBT FINANCING Chairman Caster opened the Public Hearing and reported that the purpose of this item is to conduct a public hearing regarding a proposed installment financing agreement to be entered into by the County of New Hanover, North Carolina pursuant to Section 160A-20 of the General Statutes of North Carolina in a principal amount not to exceed $5,100,000.00 for the purpose of providing funds, together with any other available funds, to refinance an Installment Financing Agreement dated May 20, 2005 between the County and Bank of America, N.A. pursuant to which the County obtained interim financing for the acquisition and renovation of Market Place Mall, now known as the New Hanover County Government Center, for use as administrative offices by the County. Such financing would be secured by a deed of trust on the project. A Notice of Public Hearing was published in the Wilmington Star-News on April 27, 2007, which is at least 10 days prior to the date of this public hearing. The Clerk to the Board is directed to affix an Affidavit of Publication as Exhibit A to the extract of the minutes. Chairman Caster requested a motion from the Board to proceed with the Public Hearing on the proposed installment financing agreement. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to proceed with the Public Hearing on the proposed installment financing agreement. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Caster asked if anyone was present to speak on the matter before the Board. Hearing no one, Chairman Caster requested a motion to close the Public Hearing on the proposed installment financing agreement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 95 Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to close the Public Hearing on the proposed installment financing agreement. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Caster reported that before the Board is a resolution making certain findings and determinations regarding the refinancing of a prior installment financing agreement; requesting the Local Government Commission to approve the Financing Arrangement; and authorizing the execution and delivery of an installment financing agreement, deed of trust and related documents in connection therewith. Chairman Caster requested a motion to adopt the resolution. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution making certain findings and determinations regarding the refinancing of a prior installment financing agreement; requesting the Local Government Commission to approve the Financing Arrangement; and authorizing the execution and delivery of an installment financing agreement, deed of trust and related documents in connection therewith. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page21.7. PUBLIC HEARING TO CONSIDER A REQUEST BY SHANKLIN AND NICHOLS, PA, ON BEHALF OF MASON LANDING YACHT CLUB, LLC, TO MODIFY AN EXISTING CONDITIONAL USE DISTRICT LOCATED AT OR NEAR 2029 TURNER NURSERY ROAD TO ADD 7.69 ACRES FROM R-20S RESIDENTIAL DISTRICT TO THE EXISTING CD (R-15) CONDITIONAL RESIDENTIAL DISTRICT (Z-838, 4/06) Chairman Caster reported that Shanklin and Nichols, PA, on behalf of Mason Landing Yacht Club, LLC, has requested that the item be continued until the June 4, 2007 meeting. Chairman Caster requested a motion to continue the item until the Board?s June 4, 2007 meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the request for continuance until the Board?s June 4, 2007 meeting, as requested by Shanklin and Nichols, PA, on behalf of Mason Landing Yacht Club, LLC. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF LOUISE M. STEVENS, TO REZONE APPROXIMATELY 9.25 ACRES OF PROPERTY LOCATED IN THE TRANSITION LAND CLASSIFICATION AT 4451 AND 4453 GORDON ROAD FROM R-15 RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT (Z-862, 4/07) Chairman Caster opened the Public Hearing and requested Staff to make the staff presentation. Senior Planner Jane Daughtridge reported that Withers and Ravenel, on behalf of Louise M. Stevens, is requesting to rezone approximately 9.25 acres of property located in the transition land classification at 4451 and 4453 Gordon Road from R-15 Residential District to R-10 Residential District and presented an overview of the request. The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is on the westernmost segment of Gordon Road, west of I- 40 and near the intersection with Brierwood Drive. Gordon Road is a collector road on the thoroughfare plan. Level of service has been rated B along this segment, meaning traffic flow is free and stable and additional traffic can be handled. The subject property is currently single family residential. Adjacent to the east is Brierwood Subdivision which is zoned R-10. The Airport Residential zoning district abuts on the west side, but the property is not within the airport approach zone. The property is located within the Smith Creek watershed drainage area, but is not influenced by flood hazard. The site is in a primary or secondary recharge area for the principal aquifers. County water and sewer are in place in the vicinity. Planning Director Chris O?Keefe reported that at its April 5, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the rezoning request. Three adjacent residents expressed concerns relating to the potential of small lot sizes adjacent to a conventional older subdivision (Brierwood), increased traffic, and the potential to exacerbate existing drainage problems in the area. The petitioner is requesting a change from lower density with a maximum of 2.5 units per acre in performance development and 10.2 units per acre in high density to a maximum of 3.3 units per acre in performance residential and 17 units per acre in high density R-10 Residential. The high density residential requires the Special Use Permit process. The R-10 Rezoning would result in an increase of 8 units from 23 to 31 units for performance residential or an increase of 63 units for high density through the Special Use Permit process. The rezoning is consistent with the strategies for the Transition classification. County water is available in the vicinity and sewer will be available upon completion of the Northside Wastewater Treatment Plant. However, most of the land may be eligible for septic systems because of the class two soils which have modest limitations. Staff recommends approval. Chairman Caster asked if the Petitioner would like to speak on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 96 Cindee Wolf, Withers and Ravenel on behalf of Louise M. Stevens, stated that the property is suitable for rezoning to R-10 because of being adjacent to an R-10 zoning district and availability of water and sewer. Furthermore, Gordon Road has capacity to handle additional traffic. The lots in Brierwood Subdivision are larger to accommodate septic systems and wells. Some of the drainage problems may have occurred because of the lack of culverts or blockages along both sides of Gordon Road. However, the drainage pattern of the subject property should not be a factor because it drains off to a northern culvert system to Smith Creek Basin. The rezoning would be consistent with the policies of growth and development and would promote transitional densities. The County will review and evaluate any development plan through a detailed permitting process prior to any land development. She requested approval of the rezoning based on the Planning Board and Staff recommendations. Chairman Caster asked if anyone would like to speak in opposition to the request. John Greene, resident of the Northbrook Drive, spoke concerning the drainage problems on his property from stormwater runoff from across Gordon Road to his lot on the north side and Mr. Skinner?s property on the south side. He wanted some assurance that further development would not increase the flooding onto his property. Although Mr. Skinner has maintained the ditch between their properties, groundwater continues to rise on his property. Flooding has damaged two liners of his swimming pool. Adam Fisher, resident of Gordon Road, spoke of the flooding problems on his property from stormwater runoff from across the street. He stated his driveway had to be replaced because of flood damage. Dan Skinner, resident of Gordon Road, spoke of the drainage problems occurring on his property for the past 23 years. He believed that the impervious surfaces of a nearby industrial park to be a major factor in causing the flooding. He has worked with NCDOT and the County trying to correct drainage problems. Although he did not oppose development in the area, he was very concerned about more flooding of his property. He reported that the County removed culverts from driveways when water and sewer lines were installed two years ago. In rebuttal, Ms. Wolf said that current drainage patterns were causing drainage problems downstream on Northbrook Drive. The developers cannot get the necessary permits without assuring the County that the water flow will be detained in an established drainage pattern. Adjacent property owners can be assured by the County?s regulations and review process that their concerns will be addressed. In rebuttal, Mr. Greene reiterated his concerns with the impact of more impervious surfaces in the vicinity and the culverts not being able to handle more drainage along Gordon Road. Chairman Caster closed the Public Hearing and requested direction from the Board. In discussion of the impact of adding eight additional units, Mr. O?Keefe responded that an increase is acceptable because of the adequate level of service on Gordon Road as a collector street and the stormwater management ordinance would address stormwater runoff. Although the ordinance does not deal with existing drainage problems, the County is looking into ways it can help property owners who are willing to participate on a voluntary basis. After a brief discussion on the impact of density on the drainage issues, Ms. Wolf requested the Board to continue the item until June 4, 2007, to allow her time to talk with her client about resubmitting the request as a conditional use district in an R-10 or whether to withdraw the request. A request for a conditional use district will require a drawing showing stormwater management. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to continue the item until the June 4, 2007 meeting as requested by Ms. Wolf, the petitioner. Upon vote, the MOTION CARRIED 4 to 0. Chairman Caster requested County Engineering to look into whether the removed culverts along Gordon Road should be replaced. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CHANGE SECTION 34 OF THE COUNTY?S SUBDIVISION ORDINANCE EXTENDING THE COUNTY?S REVIEW AND APPROVAL PERIOD ON MINOR SUBDIVISION SUBMITTALS FROM THREE DAYS TO FIFTEEN WORK DAYS (A-359) Chairman Caster opened the Public Hearing and requested Planning Staff to make its presentation. Principal Development Planner Sam Burgess reported that staff is requesting to amend Section 34 of the County?s Subdivision Ordinance extending the review and approval period by the County on minor subdivision submittals from three days to fifteen work days. Since September 2000, the unincorporated area of New Hanover County has adopted a number of new subdivision and engineering regulatory changes that have had a significant impact on the time it takes to review and approve minor subdivisions. These changes have included, but are not limited to, stormwater requirements, the dedication and/or payment for recreational park space, tree mitigation, ?dry? sewer installation and certification along with sewer extensions and tap fees. Minor subdivisions are defined by the Subdivision Ordinance as being (5) five lots or less and are reviewed administratively by County Planning and County Engineering staffs. Presently, the County?s Subdivision Ordinance under Section 34 states that ?within 3 (three) working days of its receipt of the plat, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 97 the Planning Department shall either stamp the plan as an approved minor subdivision, or notify the subdivider that the plat fails to conform to the definition of a minor subdivision.? To determine an appropriate amount of time for subdivision review, staff from the City of Wilmington Development Services Office and County Engineering staff were asked how long it took to review and approve minor divisions. The City of Wilmington Development Services Office indicated that the review of minor divisions ?is rather involved? due to the time it takes to complete all infrastructure improvements. Several years ago, the review process could be completed within fourteen days. City staff now indicates that time certain reviews are not possible on minor divisions. Presently, the City?s code indicates that there is no time limit for the review and approval for minor subdivisions. County Engineering staff has indicated that their review and approval period has increased significantly. The review time period has increased due to adopted stormwater regulations, ?dry? sewer installation, easement issues, and the installation of water and sewer systems. At its April 5, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the amendment. No one from the public spoke on this item. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the text amendment changing Section 34 of the County?s Subdivision Ordinance by extending the review and approval period on minor subdivision submittals from three days to fifteen work days. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an ordinance amending the Subdivision Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 21.8. APPROVAL OF SOUTHEASTERN CENTER FACILITY CONTRACT Assistant County Manager Pat Melvin reported that at the April 16, 2007 meeting, the Board unanimously adopted a resolution approving the Southeastern Center project, agreeing to the construction of a health facility to be occupied by Southeastern Center for the lease of one-dollar annual rent, and transferring of Southeastern Center assets of 12.72 acres and $5 million to New Hanover County. The next step in the process is the approval of Contract #07-0325 outlining the terms of construction not to exceed $9,335,000 and lease of one-dollar annual rent. The Board of Directors for Southeastern Center approved the proposed contract at its meeting of May 3, 2007. The Boards of Commissioners from Pender and Brunswick Counties have approved the concept. Art Constatini, Director of Southeastern Center, spoke in support of the construction project. A brief discussion was held on the transfer of funds and the likelihood of leasing the current building to New Hanover Regional Medical Center. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve contract #07-0325 with Southeastern Center, agreeing to construct a 40,000-square-foot mental health facility for the lease of one- dollar annual rent, transferring Southeastern Center?s assets of 12.72 acres and $5 million to New Hanover County, and limiting the County?s design and construction costs not to exceed $9,335,000 Upon vote, the MOTION CARRIED 4 TO 0. PRESENTATION OF UNIVERSITY OF NORTH CAROLINA AT WILMINGTON WATER QUALITY MONITORING PROGRAM ANNUAL REPORT Chairman Caster introduced Dr. Mike Mallin, with the Center for Marine Science, University of North Carolina at Wilmington, and asked him to give the presentation. Dr. Mallin stated that the report represents the combined results of Year 12 of the New Hanover County Tidal Creeks Project and Year 8 of the Wilmington Watersheds Project. The program samples eleven of the County's watersheds at fifty-two sampling stations. The presentation included a summary of water quality analysis from August 2005-September 2006 for each watershed and the key results of special studies conducted over the past two years. The analysis showed that Barnards Creek station was rated as fair water quality, five of the seven stations in Bradley Creek were rated as poor, and the others were rated fair. Burnt Mill Creek was rated as poor in terms of fecal coliform bacteria. Futch Creek was rated as good for fecal coliform bacteria in the lower creek, including for shellfishing; however, one of the upper stations fell to a poor rating and one to a fair rating. The Greenfield Lake tributaries were rated as poor microbiological water quality and the three in-lake stations as good, fair, and poor respectively. The non-tidal freshwater stations in the Hewletts Creek Watershed are essentially drainage ditches, and were poor throughout. The uppermost two stations in Howe Creek were rated poor and the lower three were rated good. Lower Motts Creek was rated poor, and the two stations in Smith Creek were rated poor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 98 Fecal coliform bacterial conditions for the entire City and County Watershed system showed 23% to be in good condition, 10% in fair condition, and 67% in poor condition. Dissolved oxygen conditions system-wide showed 30% of the sites were in good condition, 35% were in fair condition and 35% were in poor condition. For chlorophyll a, 88% of the stations were rated as good, 4% as fair, and 8% as poor. On behalf of the Board, Chairman Caster thanked Dr. Mallin for the information. BREAK: Chairman Caster called for a break from 7:30 p.m. until 7:40 p.m. APPROVAL OF CONTRACT WITH NEW HANOVER COUNTY BOARD OF EDUCATION FOR MENTAL HEALTH SERVICES ADMINISTERED BY THE HEALTH DEPARTMENT Health Director, David Rice, reported that the New Hanover County Board of Education is requesting to enter into a contract with the Health Department, in the amount of $1,021,047, to administer the mental health program in the schools beginning in July 2007. Southeastern Center is currently providing these services but must divest of this clinical service, but the school system wants to continue the service for targeted schools. The contract includes funding for twelve mental health therapists, a supervisor, and clerical support. The therapists provide outpatient psychiatric treatment for emotionally disturbed and behaviorally disordered children, including screenings, assessments, and counseling. They also consult with school personnel and provide education regarding mental health issues. No local funds are required. Contracts would be similar to the nursing programs in the schools. A brief discussion was held on the program serving approximately 400 children in the 12 targeted schools and using 14 employees of Southeastern Center. The program will be self-sustained Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve a contract between the Health Department and the New Hanover County Board of Education, in the amount of $1,021,047, to administer the mental health program in the schools beginning in July 2007. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF RESOLUTION SUPPORTING HOUSE BILL 1134 - CLEANUP OF ABANDONED MANUFACTURED HOMES Commissioner Pritchett reported that Representative Carolyn Justice is one of the sponsors of House Bill 1134 - Cleanup of Abandoned Manufactured Homes. The Bill attempts to protect public health and the environment by encouraging counties to develop a plan that provides for the deconstruction of abandoned manufactured homes and the removal of reusable or recyclable components. The Bill will provide for the abatement of abandoned manufactured homes that are determined to be a nuisance by imposing an environmental remediation tax on the sale of new and used manufactured homes to ensure that funds will be available for the deconstruction of abandoned manufactured homes. The Board is being requested to adopt the resolution supporting House Bill 1134. Commissioner Pritchett read the resolution and after a brief discussion, Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution supporting House Bill 1134 ? Cleanup of Abandoned Manufactured Homes. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 8:05 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 8:35 p.m. NON-AGENDA ITEMS Chairman Caster 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 items were presented. ADJOURNMENT There being no further business, Chairman Caster adjourned the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 7, 2007 PAGE 99 Chairman Caster adjourned the meeting at 8:40 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board