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2007-08-13 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 163 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 13, 2007, at 1:00 p.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult and County Manager Bruce T. Shell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Director of the Human Relations Commission, Carl A. Byrd, Sr., gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. WITHDRAWAL OF WATER AND SEWER AGENDA ITEM 4 Chairman Caster reported that Water and Sewer Agenda Item 4 - New Hanover County Water System Overview and Water Treatment Plant Progress Update has been pulled from the agenda and will be presented at a future meeting. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing no comments, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Agenda Review meeting held on July 19, 2007, the Regular Session meeting held on July 23, 2007, and Board of Equalization and Review meeting held on July 25, 2007 as presented by the Clerk to the Board. Acceptance of North Carolina Department of Insurance Senior Health Insurance Information Program Funds and Adoption of Budget Amendment Ordinance 08-008 ? Department of Aging The Commissioners, on behalf of the Department of Aging, accepted grant funds in the amount of $5,000 from the North Carolina Department of Insurance Senior Health Insurance Information Program and adopted Budget Ordinance Amendment 08-008. The funds will be used to provide education, outreach and advocacy on Medicare issues by trained RSVP volunteers. No local match is required. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 28.1. Authorization to Establish an Escrow Account for Medicaid Maximization Funds - Health Department The Commissioners authorized the Health Department to establish an escrow account in the amount of $187,000 for Medicaid Maximization Funds. In FY 2006-2007 the Health Department budgeted $310,000 for Medicaid Maximization funds but actually received funds in the amount of $497,000. The escrowed funds will be used for building additions, a new building, leasing additional space for Medicaid-based services, or other uses in those programs in which the Medicaid funds were earned. The funds will not be expended until approved by the Board either by a budget amendment or through the annual budget process. Authorization to Submit Two Grant Applications to the North Carolina Governor's Highway Safety Program ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit two grant applications to the North Carolina Governor?s Highway Safety Program. Two project concept statements submitted by the Sheriff's Office have been approved by the NC Governor's Highway Safety Program for 2008 grant funding. If awarded, the funds will be used as follows: ? Third year funding continuation for Safe Roads Project personnel costs for two positions in the amount of $126,982; 50% Federal funds in the amount of $63,491 and 50% local funds in the amount of $63,491. ? 2008 Law Enforcement Liaison Reimbursement Grant for Other Direct Costs in the amount of $10,000 for in-state and out-of-state travel to assist in gathering traffic statistics and coordinate the initiatives of "Booze It and Lose It" and "Click It or Ticket" campaigns for Region 2. No local match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 164 Copies of the Local Government Resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 28.2. Acceptance of 2006 Collection Settlement Report, Appointment of Marion D. Harrell as Tax Collector until August 2008 and Charged her with the Collection of the 2007 Levy ? Tax Department The Commissioners accepted the 2006 Settlement Collection Report, appointed Marion D. Harrell to fill the unexpired term of retired Patricia Raynor until August 2008 and charged her with the collection of the 2007 Levy. A copy of the charge sheet and the 2006 Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 28.3. Approval of Release of Tax Value ? Tax Department The Commissioners approved the Senior Citizen/Disability Exclusion for John Edward Jr. and Ruth M. Glayton in the amount of $ 97,648. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2008: 08-012 - Sheriff's Office 08-013 - Finance Department 08-015 - Health Department 08-016 - Library 2008-11 - Sheriff's Office 2008-15 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 28.4. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Calvin Barnes - Sheriff's Office Ronald Green - Inspections Angela Hinson - Environmental Management Ten Year: Gail McMillan - Sheriff's Office Chris Johnson - Fire Services Fifteen Year: Melisa Craft - Social Services Twenty-Five Year: Brenda Stella - Tax Department Carolyn Batts - Property Management David Paynter ? Library On behalf of the Board, Chairman Caster presented a service award to each employee, expressed appreciation and thanked them for their years of dedicated service. RECOGNITION OF AWARD PRESENTED TO COUNTY EMPLOYEES CHRIS NEAL AND BEVERLY TETTERTON County Manager Bruce Shell reported that Chris Neal, Engineering Support Supervisor and Beverly Tetterton, Senior Librarian, were presented an award by the Historic Wilmington Foundation at their Annual Preservation Awards held at the Historic Courthouse on May 24, 2007. Chris and Beverly were presented a Professional Award of Merit for their work in researching and protecting abandoned and family cemeteries. On behalf of the Board, Chairman Caster recognized and congratulated Chris Neal and Beverly Tetterton on their work and on receiving the Professional Award of Merit, noting that Ms. Neal was unable to attend the meeting. APPROVAL OF REQUEST BY NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES? TERM LIMITS TO THREE CONSECUTIVE THREE-YEAR TERMS Chairman Caster reported that Bruce Prouty, New Hanover Regional Medical Center Board of Trustees Chair, has contacted the Board of Commissioners concerning the term limits of the Board of Trustees. Chairman Prouty reported that the Board of Trustees is requesting that the Board of Commissioners extend the potential length of Board service from a maximum of two consecutive three-year terms to a maximum of three consecutive three-year terms. The change is being sought to add continuity among the Board as it considers NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 165 complex and difficult decisions on the future strategy and goals of New Hanover Regional Medical Center and make the Board a stronger body and the hospital a stronger provider of health care. Commissioner Davis stated that he would prefer the term length to be increased to two consecutive four- year terms. Mr. Prouty reported that the three consecutive three-year terms will allow members to have two opportunities to be removed either voluntarily by resignation or by non-reappointment. Commissioner Kopp stated that if the term was increased to two consecutive four-year terms it would be consistent with the terms currently allowed for the Airport Authority and Cape Fear Community College Board of Trustees. Vice-Chairman Greer and Commissioner Pritchett agreed that the terms need to be increased due to the complexity of the decisions required. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the request by the New Hanover Regional Medical Center Board of Trustees to extend the length of Board service from a maximum of two consecutive three-year terms to a maximum of three consecutive three-year terms. Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to approve the request by the New Hanover Regional Medical Center Board of Trustees to extend the length of Board service from a maximum of two consecutive three-year terms to a maximum of two consecutive four-year terms. Chairman Caster called for a vote on the substitute motion. Substitute Motion Vote: Upon vote, the MOTION FAILED 2 TO 3. Chairman Caster, Vice-Chairman Greer and Commissioner Pritchett voted in opposition. Chairman Caster called for a vote on the motion. Motion Vote: Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF CAMERON COMPANY, LLC TO REZONE APPROXIMATELY 3.55 ACRES OF PROPERTY LOCATED SOUTH OF ALBEMARLE ROAD AND WEST OF JUDGES ROAD FROM R-10 RESIDENTIAL DISTRICT TO I-1 INDUSTRIAL DISTRICT (Z-866, 7/07) Chairman Caster opened the Public Hearing and announced that the applicant and opponents will each be allowed a total of twenty minutes to present their arguments, with fifteen minutes each for the presentation and five minutes each for rebuttal comments. He requested staff to make the presentation. Senior Planner Jane Daughtridge reported thatWithers and Ravenel, on behalf of Cameron Company, LLC, is requesting to rezone approximately 3.55 acres of property located off Albemarle Road and west of Judges Road from R-10 Residential District to I-1 Industrial District. The property is classified as Urban on the 2006 land classification map with the primary access for the proposed rezoned portion from Judges Road through a shared 30 foot access easement and presented an overview of the project. Planning Director Chris O?Keefe reported that Judges Road is a local public street and no Level of Service has been designated. The subject property is bordered on the west by the remainder of the parent parcel zoned R-10 residential and on the north by Wild Flower Subdivision also zoned R-10 Residential. I-1 Industrial District dominates to the south and east, being Judges Road Business Park and various uses along Market Street. This rezoning petition proposes a change from the county?s highest density residential zoning to a light industrial district, expanding an existing I-1 zoning district. Based on the above analysis, staff recommends approval and feels that this proposal is consistent with the policies of the Land Use Plan. The small 3.55 acre portion of the parent parcel is positioned as a somewhat natural extension of the existing industrial district accessed from Judges Road. At its July 5 meeting, the Planning Board voted 5-0 to recommend approval of the request with no one from the public speaking. Chairman Caster asked if the Petitioner would like to speak on the request. Cindee Wolf, with Withers and Ravenel, on behalf of Cameron Company LLC, presented an overview of project stating that it was a joint venture to expand the storage project. Neighboring residents did not voice any concerns. Bill Cameron, Cameron Company LLC, reported that he has been in contact with adjacent residents and that they did not voice any concerns. Chairman Caster asked if anyone would like to speak in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 166 Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers and Ravenel, on behalf of Cameron Company, LLC, to rezone approximately 3.55 acres of property located off Albemarle Road and west of Judges Road from R-10 Residential District to I-1 Industrial District finding that the request is: 1) consistent with the purposes and intent of the Urban land classifications and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow addition of acreage to an existing I-1 Industrial district in proximity to existing industrial development. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 62. APPROVAL OF NEW HANOVER COUNTY BOARD OF EDUCATION FY 2007-08 BUDGET RESOLUTION AND ADOPTION OF BUDGET ORDINANCE AMENDMENT Budget Director Cam Griffinreported that on July 2, 2007, the Board of Education approved the Schools FY 07/08 Budget Resolution. The Schools Budget Resolution's total amount of county funding is in agreement with the county funding for education, but the Board of Education is requesting the County transfer $2.1 million from capital outlay to current operation expense. New Hanover County Schools Budget Director Mary Hazel Small reported that the Board of Education is requesting to transfer funds from capital outlay to current operation expenses to fund items that are the highest priority. She stated that the schools are facing additional operating expenses including the opening of Anderson Elementary and higher utility bills. The Board is being requested to approve New Hanover County Board of Education's FY 2007-08 Budget Resolution to transfer $2.1 million from capital outlay to current operation expense and adopt the budget ordinance amendment 08-009. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to approve the New Hanover Board of Education's FY 2007-08 Budget Resolution to transfer $2.1 million from capital outlay to current operation expense and adopt the budget ordinance amendment 08-009. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 28.5. PUBLIC HEARING TO CONSIDER A REQUEST BY THE NEW HANOVER COUNTY AIRPORT AUTHORITY TO CLOSE FUTCHES AVENUE LOCATED NEAR THE INTERSECTION OF NORTH KERR AVENUE AND AN OLD SEGMENT OF GORDON ROAD THAT LEADS INTO THE AIRPORT PROPERTY (SC-84, 06/07) Chairman Caster opened the Public Hearing and announced that the applicant and opponents will each be allowed a total of twenty minutes to present their arguments, with fifteen minutes each for the presentation and five minutes each for rebuttal comments. He requested staff to make the presentation. Principal Development Planner Sam Burgess reported that the New Hanover County Airport Authority is requesting to close Futches Avenue located near the intersection of North Kerr Avenue and an old segment of Gordon Road that leads into the airport property and presented an overview of the request. In June 2007, the New Hanover County Airport Authority petitioned the County Planning Department to close Futches Avenue. A Resolution of Intent to close Futches Avenue was adopted by the Board of County Commissioners on July 9, 2007. The unimproved right-of-way of Futches Avenue adjoins property owned by the Wilmington International Airport and Dr. Bertram Williams. Presently, the airport has all of the parcels around Futches Avenue except for land owned by Dr. Williams. According to the Petitioner, one of the primary reasons for closing the road is that it was a condition for the land and easement purchase with Dr. Williams. Another reason for the road closure according to the Petitioner is to provide security and ease of maintenance from inside the airport. In their review of the Futches Avenue road closing petition, County Fire Services has indicated that they did not have any concerns. County Engineering has also indicated that they do not have any concerns provided that the Airport Authority works with their office to establish a utility easement on the airport property in the near future. Based on the information presented by the Petitioner, County Fire Services and County Engineering staff, the Planning Staff recommends approval. Chairman Caster asked if the Petitioner would like to speak on the request. Whitney Prease, ILM Airport, stated that he was present to answer any questions from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 167 Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the request to close Futches Avenue located near the intersection of North Kerr Avenue and an old segment of Gordon Road that leads into the airport property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order to Close Futches Avenue is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 28.6. PUBLIC HEARING TO CONSIDER THE REQUEST BY STAFF TO NAME AN UNNAMED ROAD LOCATED NEAR 6700 MYRTLE GROVE ROAD TO SALTY BAY LANDING AND ASSIGN NEW STREET NUMBERS (SN-101, 07/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that in May 2007, the Planning staff received a request from several County residents living near the 6700 block of Myrtle Grove Road to have their unimproved road named for the purpose of enhancing public service delivery. A majority of the residents chose Salty Bay Landing and presented an overview of the request. Staff is requesting the Board approve the unnamed road be named Salty Bay Landing and that new street addresses be assigned along the road. The effective date of the change is estimated to be November 16, 2007. Chairman Caster asked if the Petitioner would like to speak in favor of the request or in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Commissioner Pritchett and Commissioner Kopp clarified with Planner Burgess that the residents understand that the County does not maintain roads and there is no guarantee that the State will take over the road. Planner Burgess stated that they will include that information in the notification letter that goes to the residents. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to approve naming an unnamed road near the 6700 block of Myrtle Grove Road to Salty Bay Landing and assign new street numbers. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance to name the road and the Order to assign street house numbers to Salty Bay Landing are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 28.7. APPROVAL OF NORTH EAST BRANCH LIBRARY PARKING LOT EXPANSION AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 08-011 Senior Project Manager Max Maxwell reported that the North East Branch Library has identified a need to add additional parking to ease overcrowding issues. The increased traffic to the Library, as well as the increased use by the UNCW Executive Center, has created the need for additional parking spaces. There are 156 existing parking spaces in the front and side of the Library. The proposed expansion is for an additional 55 spaces, which would be located in the rear of the Library. These additional spaces would be used by Library staff and provide additional overflow parking for the UNCW Executive Center. Withers and Ravenel Engineers have completed drawings for the expansion and provided a cost estimate of $218,100 for the project. In FY 06-07, $125,000 was approved for this project but only $23,925 was expended; the unexpended amount of $101,075 became part of fund balance. Staff is requesting the Board approve the project and adopt the budget ordinance amendment 08-011. The balance of $117,025 will come from fund balance. Library Director David Paynter reported that the one complaint they receive is concerning the parking issue. UNCW Executive Center has renewed their lease in the estimated amount of $100,000 per year. Project Manager Maxwell reported that he estimates that it will take approximately one year for the completion of the project. After brief discussion concerning the DEHNR requirement that the storm water be contained on the property and the use of impervious surface, Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the North East Branch Library parking lot expansion and adopt the budget ordinance amendment 08-011. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 28.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 168 BREAK Chairman Caster called for a break from 2:06 p.m. until 2:26 p.m. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Caster reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with two applicants eligible for reappointment and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint Martha Lorraine McEvoy and Oliver F. Schreiber to serve three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on August 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to Airlie Gardens Foundation, Inc. Board of Directors Chairman Caster reported that one vacancy of an unexpired term needs to be filled on the Airlie Gardens Foundation, Inc. Board of Directors with six applicants available for consideration and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to appoint Anne J. Sorhagen to serve the unexpired term on the Airlie Gardens Foundation, Inc. Board of Directors with the term to expire on June 30, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Examiners of Electricians Chairman Caster reported that two vacancies need to be filled on the Board of Examiners with one applicant eligible for reappointment and one applicant available for consideration and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Michael Pulley and to appoint Charles A. Harrell to serve two-year terms on the Board of Examiners of Electricians with the terms to expire on September 1, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Fire Commissioners Chairman Caster reported that two vacancies need to be filled in the At-Large Community Representative category on the Board of Fire Commissioners with four applicants available for consideration and requested direction from the Board. Vice-Chairman Greer requested to be recused from the Board of Fire Commissioners appointments citing a conflict of interest with a family member having submitted an application for consideration. Motion: Commissioner Kopp MOVED, SECONDED by Chairman Caster, to recuse Vice-Chairman Greer from the Board of Fire Commissioners appointments citing a conflict of interest with a family member having submitted an application for consideration. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Caster requested direction from the Board. Commissioner Pritchett nominated Jim Ray. The nomination was seconded by Commissioner Davis. Chairman Caster nominated John Charles Bower. The nomination was seconded by Commissioner Kopp. Hearing no further nominations, Chairman Caster called for a vote on the nominations. Vote: The Board voted 4 to 0 to appoint Jim Ray to serve a three-year term on the Board of Fire Commissioners with the term to expire July 1, 2010. Vote: The Board voted 4 to 0 to appoint John Charles Bower to serve a three-year term on the Board of Fire Commissioners with the term to expire July 1, 2010. Appointments to the Library Advisory Board Chairman Caster reported that five vacancies need to be filled on the Library Advisory with two applicants eligible for reappointment and two applications available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint H. Conrad Luhmann and Paul D. Walker and to appoint Mary E. Hatcher and Jennifer Lynn Rohler to serve three-year terms on the Library Advisory Board with the terms to expire on August 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Mechanical Examiners Chairman Caster reported that three vacancies need to be filled on the Board of Mechanical Examiners with one applicant eligible for reappointment in the Mechanical Engineer category and two applications available for consideration in the Mechanical Contractors category and requested nominations from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 169 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint David Hahn to serve a two-year term on the on the Board of Mechanical Examiners with the term to expire on August 31, 2009 in the Mechanical Engineer category. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Larry W. Lisk and Bruce Polity to serve two-year terms in the Mechanical Contractor category on the Board of Mechanical Examiners with the term to expire on August 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Caster reported that vacancies need to be filled on the Nursing Home Community Advisory Committee with two applications available for consideration and one applicant willing to serve an additional term and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint John S. Bilobran and Denise L. Shuart to serve one-year terms on the Nursing Home Community Advisory Committee with the terms to expire on August 31, 2008 and to reappoint D. Alton Parker to serve an additional three-year term on the Nursing Home Community Advisory Committee with the term to expire on August 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 2:34 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 2:49 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. James Hall, resident on Murrayville Road, voiced his concern on the panhandling problem requesting that the Board adopt a resolution to stop panhandling in the unincorporated areas. County Attorney Wanda Copley reported that she has spoken with the Department of Transportation and was advised that the Highway Patrol needs to be contacted if the incident occurs in the unincorporated area. The problem is that panhandlers move from one spot to another, after being ordered to leave. After brief discussion, the Chairman requested staff contact the City of Wilmington to review their ordinance prohibiting panhandling and the North Carolina Association of County Commissioners to see if any Counties have an ordinance prohibiting panhandling. ADDITIONAL ITEMS ADOPTION OF RESOLUTION APPROVING INSTALLMENT PURCHASE CONTRACT TO PROVIDE FINANCING FOR THE DRINKING WATER TREATMENT PLANT Finance Director Avril Pinder reported that the Board is being requested to adopt a resolution authorizing the negotiation of an Installment Purchase Contract and directing Publication of Notice of the Contract to provide financing for the Drinking Water Treatment Plant in an amount not to exceed $42 million. Finance Director Pinder read the resolution into the record and requested a motion from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution authorizing the negotiation of an Installment Purchase Contract and directing Publication of Notice of the Contract to provide financing for the Drinking Water Treatment Plant in an amount not to exceed $42 million. 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 XXX, Page 28.9. DISCUSSION OF TIMELINE FOR THE MASON INLET SPECIAL ASSESSMENT Commissioner Davis requested clarification on the timeline for the Mason Inlet Special Assessment. After brief discussion the following timeline was provided: ? September 4, 2007 ? Board will consider and vote on the request by the Mason Inlet Preservation Group. ? September 17, 2007 ? Board will consider and vote on the cost to be assessed and direct staff to prepare the preliminary assessment roll, listing parcels, basis, and cost for each owner and payment terms. ? October 1, 2007 ? Board will hold the public hearing on the preliminary assessment roll. At that time the Board can annul, modify or confirm the assessments following the public hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 13, 2007 PAGE 170 DISCUSSION CONCERNING LOCAL OPTION COUNTY TAXES Chairman Caster directed staff to schedule a work session for the Board concerning the local option county taxes with the intent to gather further information on the local options and decide whether to hold a referendum in the May 2008 election. CLOSED SESSION Chairman Caster requested a motion from the Board to enter into a Closed Session pursuant to 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 a 3.85 acre parcel identified as 5200 Highway 421 North, adjacent to the New Hanover County Landfill, and in negotiating the price and material terms of a proposed contract for the real property and pursuant to G.S. 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other businesses in New Hanover County and pursuant to 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 real properties and in negotiating the price and material terms for the real properties. Chairman Caster requested a motion from the Board to enter into a Closed Session. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to enter into a Closed Session pursuant to 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 a 3.85 acre parcel identified as 5200 Highway 421 North, adjacent to the New Hanover County Landfill, and in negotiating the price and material terms of a proposed contract for the real property; and pursuant to G.S. 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other businesses in New Hanover County; and pursuant to 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 real properties and in negotiating the price and material terms for the real properties. Upon vote, the MOTION CARRIED UNANIMOUSLY. CLOSED SESSION Chairman Caster convened to Closed Session at 3:21 p.m. Commissioner Pritchett left at 4:21 p.m. CONVENE TO REGULAR SESSION Chairman Caster convened to Regular Session at 5:37 p.m. and reported that the Board has instructed the public body?s staff concerning negotiations of the potential real estate acquisitions and relating to the location or expansion of industries or other businesses. Any official action shall be taken in an open session of the Board at a later date. MEETING RECESSED TO RECONVENE THE REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 5:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 5:49 p.m. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 5:49 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board