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2007-09-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 188 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 17, 2007, at 9:00 a.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present were: 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. Vice-Chairman Greer announced that Chairman William A. Caster was on a mission trip to Zambia. Vice-Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Steven Hein, St. Andrews - Covenant Presbyterian Church, gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Vice-Chairman Greer requested clarification of Consent Agenda Item 3 ? Consideration of Resolution Awarding Bid 08-0045 and Contract 08-0045 to Gregory Poole Equipment Company and Adoption of Budget Ordinance Amendment. Finance Director Avril Pinder reported that $600,000 was budgeted for the bulldozer. The actual price for the bulldozer is $649,329 with the difference to be financed over a three year period. In response to Board questions, Sam Hawes, Landfill Manager, reported that due to the specific nature of the equipment there are three companies that typically submit bids. Those three companies were contacted with the bid information but only two of those companies chose to submit a bid. County Attorney Wanda Copley reported that normally when only two bids are received the bid is readvertised. If only two bids are received a second time, the Board can proceed with awarding the contract to one of the two bidders. Finance Director Pinder responded that since only three bidders exist nationally for this piece of equipment the Board would be allowed to accept one of the two bids submitted. County Attorney Copley responded that if staff can assure the Board that there was no other company interested in submitting a bid, the Board can proceed with awarding the bid. Hearing no further comments, Vice-Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the 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 following meetings as presented by the Clerk to the Board. Board of Equalization and Review meeting held on August 24, 2007 Board of Equalization and Review meeting held on August 29, 2007 Agenda Review meeting held on August 30, 2007 Regular Session meeting held on September 4, 2007 Adoption of Resolution to Add Maple Ridge Road, Walking Horse Court, Copper Mare Court, Grizzly Bear Court, Stone Wood Court and Rabbit Hollow Drive to the State Highway System The Commissioners adopted the resolution to addMaple Ridge Road, Walking Horse Court, Copper Mare Court, Grizzly Bear Court, Stone Wood Court and Rabbit Hollow Drive to the State Highway System (Division File No: 1101-N and Division File No: 1104-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 30.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 189 Adoption of Resolution Awarding Bid 08-0045 and Contract 08-0045 to Gregory Poole Equipment Company and Adoption of Budget Ordinance Amendment ? Environmental Management The Commissioners adopted the resolution awarding Bid 08-0045 and Contract 08-0045 and Budget Ordinance Amendment 08-030 to Gregory Poole Equipment Company for the purchase of one landfill bulldozer in the amount of $649,329. Gregory Poole Equipment Company was one of two bids received and the lowest responsible bidder. This purchase was approved in the adopted budget for FY 07-08. A copy of the resolution and Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 30.2. Acceptance of Grant Funds from the Wise Woman Program and Good Shepherd Clinic to Support One Full- Time Personal Health Nurse Position ? Health Department The Commissioners, on behalf of the Health Department, accepted grant funds from the Wise Woman Program and Good Shepherd Clinic to support a full-time Personal Health Nurse position. In the past, the two programs were staffed by the use of two part-time temporary nurses. The State of North Carolina funds the Wise Woman Program 12 hours per week and grant funds are used for the Good Shepherd Clinic for 28 hours per week, the funds combined will support a regular full-time position with benefits. No additional office space is required, as this position works primarily in the off-site Good Shepherd Clinic and in existing space in the Health Department assigned to the Wise Woman Program. No local match is required. Authorization to Submit a Grant Application to the North Carolina Humanities Council ? Cape Fear Museum The Commissioners authorized Cape Fear Museum staff to submit a grant application to the North Carolina Humanities Council in the amount of $5,732. If awarded, the funds will be used to fund twelve scholars to assist the Museum in developing an exhibit on the early experiences in the Lower Cape Fear, specifically, pre-history through the end of the American Revolution. The Museum will be required to match the grant 1:1. The Museum match will come from in-kind salaries plus normally budgeted dollars in the current and next fiscal year. Additional private support will be sought to enrich the program. The project will end when grant funding ends. Approval of Museum Deaccessions - Cape Fear Museum The Commissioners approved the deaccession list of items from the Museum?s permanent collection as recommended by the Curator, Director, Collections Committee, and Museum Advisory Board. Acceptance of Grant Funds from the Port Security Grant Program for Security by Sea Project and Approval of the Memorandum of Understanding ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the Port Security Grant Program in the amount of $27,000 and approved the Memorandum of Understanding between the County and the Town of Carolina Beach. The Sheriff's Office and the Town of Carolina Beach Police Department submitted a joint project concept statement entitled Security By Sea to the Port Security Grant Program for consideration. The funds will be used to purchase a watercraft vessel for use by the Town of Carolina Beach to provide additional water access for the southern portion of the county allowing for faster response to the Port of Wilmington, Sunny Point federal facility, Brunswick Nuclear Power Plant and ferries operating in the area. The Sheriff's Office will serve as the lead agency for the project. The 25% required match of $9,000 will be provided by the Town of Carolina Beach for a total project in the amount of $36,000. Authorization to Submit a Grant Application to Security by Land Grant Project, Port Security Grant Program ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to Security by Land Grant Project, Port Security Grant Program in the amount of $33,000. If awarded, the funds will be used for underwater explosives recovery training and to purchase communication equipment and a hook and line rigging kit. The local match of $8,250 will be from the General Fund. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments for the fiscal year ending June 30, 2008: 08-023 - General Fund roll-over from FY 06-07 to FY 07-08 08-027 - Grant roll-over from FY 06-07 to FY 07-08 2008-26 - Sheriff's Office 2008-27 - 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 30.3. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following employees to step forward to receive their retirement award. Joan Coco - Library 30 Years of Service NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 190 Patricia Wright - Environmental Management 29 Years of Service On behalf of the Board, Vice-Chairman Greer presented the retirement awards and thanked the employees for their 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: Linda Retson - Health Department Liesel Ward - Register of Deeds Page Dunn - Health Department Ten Year: Mark Boyer - Public Information Officer Clifford Robinson - Fire Services Paul Schoenwalder - Fire Services Rudolph Shackelford - Fire Services Fifteen Year: Deborah Goodwin - Health Department Twenty Year: Lynda Nichols-Brown - Human Relations On behalf of the Board, Vice-Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced reporting that these employees have been hired to fill budgeted positions that have become vacant. Airlie Gardens: Deborah Creasy Fay Joy Environmental Management: Letitia Marshall Engineering: Robert Pearsall Timothy Clark Fire Services: Warren Smith Terry Brewer Ben Sampson Frank Sellers Matthew Hoffman Ray Martin, Jr. Matt Sandlin Bobby Matthis Jeffrey Bradshaw Joshua Chambless Steven Snyder Health Department: Peter Vincent Johnna Preston Linda Woods Fran Wilcox Rebecca Brown Jennifer Hoyt Karey Smythe Parks Department: Jonathan Burke Social Services: Edna Pollock Zachary LeFaivre Dinora Threewitts Willa Davis Jacqueline Galaspie On behalf of the Board, Vice-Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF FRANCES WELLER Vice-Chairman Greer reported that the Board would like to recognize Frances Weller for her devotion and hard work to the many charitable organizations of New Hanover County and congratulated her on twenty-five years of professional and public service to the Cape Fear Region. Vice-Chairman Greer read the resolution into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 191 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution recognizing the contributions of Frances Weller. Upon vote, the MOTION CARRIED 4 to 0. Ms. Weller expressed her appreciation to the Board for the recognition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 30.4. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 29, 2007 AS NEW HANOVER COUNTY BIG SWEEP DAY Vice-Chairman Greer reported that each year hundreds of volunteers sweep the beaches and waterways of New Hanover County to remove litter and debris to improve water quality and promote environmental awareness of the impacts of littering. The 2007 Big Sweep is scheduled for September 29, 2007 and is being coordinated through Keep America Beautiful of New Hanover County within the Department of Environmental Management. Commissioner Pritchett read the proclamation into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation recognizing September 29, 2007 as New Hanover County Big Sweep Day. Upon vote, the MOTION CARRIED 4 to 0. Keep America Beautiful Program Coordinator Jennifer O?Keefe 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 30.5. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 15-29, 2007 AS FALL LITTER SWEEP IN NEW HANOVER COUNTY Vice-Chairman Greer reported that Keep America Beautiful of New Hanover County's Roadside Litter Pickup Program will participate in the NCDOT Fall Litter Sweep by picking up litter along state-owned roads on September 15 and September 29, 2007. Court-ordered community service workers pick up litter on our roadsides throughout New Hanover County each Saturday as part of the Roadside Litter Pickup Program. Commissioner Pritchett read the proclamation into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation recognizing September 15-29, 2007 as Fall Litter Sweep in New Hanover County. Upon vote, the MOTION CARRIED 4 to 0. Keep America Beautiful Program Coordinator Jennifer O?Keefe 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 30.6. PRESENTATION ON THE NEW HANOVER COMMISSION FOR WOMEN Kathy Humphrey, President of the New Hanover Commission for Women, presented an update on the Commission for Women reporting that their purpose is to: ? Serve as a resource for women and families to improve their quality of life ? Encourage the development and potential of women ? Promote public awareness of women?s needs, issues, and achievements ? Play a leadership role through coalitions with other women?s and civic organizations ? Serve as advocates for change concerning the status of women ? Conduct research and assemble information to determine the status of women ? Report and make positive recommendations regarding the status of women to the New Hanover County Board of Commissioners, Wilmington City Council, the Wrightsville Beach Board of Alderman and the Carolina and Kure Beach Town Councils Current projects include: ? Conference on What Women Want Conference and Expo ? March 22, 2008 at Cape Fear Community College ? Reviving current website to be a resource website for women with a point and click format ? Oral history project with video taped interviews On behalf of the Board, Vice-Chairman Greer thanked Ms. Humphrey for the presentation. PRESENTATION AND PUBLIC HEARING ON THE TEN YEAR PLAN TO END CHRONIC HOMELESSNESS AND REDUCE HOMELESSNESS IN THE CAPE FEAR REGION Spiro Macris, Ten Year Plan to End Chronic Homelessness Steering Committee Co-Chair, presented an overview of homelessness stating that chronically homeless is defined as an unaccompanied, disabled individual NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 192 who has been persistently homeless for more than a year or who has been homeless for four or more episodes over a three year period. Dr. Macris introduced Steering Committee members Wendell Daniels, Anita Oldham, Pam Wyatt, and Dewey Harris. ? Vision - Within ten years, every person in the Cape Fear Region will have access to permanent, safe, and affordable housing with the needed resources and support for self-sufficiency and well-being. ? Mission - To end the cycle of homelessness, the Cape Fear Region will provide comprehensive support services and housing opportunities for all residents. ? Guiding Principles: ? Inclusiveness ? Collaborative and coordinated effort ? Outcome-driven ? Research-based ? Maximize resources and minimal duplication According to the January 2007 Point-in-Time Count, there were 623 homeless people in the Cape Fear Region. Chronically homeless individuals and homeless families use significant amounts of public funding, whether through targeted homeless programs or through emergency or inpatient medical treatment, public safety and criminal justice systems, or public resources. Those who are chronically homeless present the greatest challenges to communities in terms of resources consumed. Nationally, 10 to 15 percent of the chronically homeless that use emergency shelters throughout the year use 50 percent or more of all emergency shelter resources in those communities. Homeless inmates significantly impact facility costs through associated medical, dental, and housing expenses. Wilmington Police Department reports that approximately sixty-four man hours are used per day to address the current number of homeless, in the amount of $1,006.08 per day, based on the average hourly rate. Homeless individuals often use the emergency services at local hospitals as clinics or primary care facilities. The New Hanover Health Network, a regional health care system in the Cape Fear Region, treated 1,233 homeless patients during 2006 at a cost or loss of $523,892. From 2003 ? 2007, the City of Wilmington and the County have invested well over $2 million to address the homeless issue through current programs. The Ten Year Plan builds on the existing resources of various service agencies by reinvesting and redirecting current resources. Implementation of the plan is a substantial undertaking that, to be successful, requires a community effort from local and state elected officials, human service providers, the private sector, faith entities, and citizens throughout the Cape Fear Region. The implementation portion of the plan must have a defined structure, clear roles and responsibilities, and a long-term commitment from all partners to achieve the following goals: ? Goal One ? Provide prevention and supportive services to prevent persons from becoming chronically homeless and enable those who are chronically homeless to move to and remain in a stable housing situation and maximize their self-sufficiency. ? Goal Two ? Provide permanent housing for the homeless. The proposed plan will increase the odds of success; help focus limited resources on important outcomes; and lower the investment on means or strategies that do not work. The proposed plan justifies funding for specified results; helps those who are homeless; and makes the Cape Fear Region a more pleasant and inviting place to work, live and visit. Dr. Macris presented the following proposed eight-member Executive Board stating that the composition of the Board could be revised to include a representative from the hospital and community college: ? Mayor of City of Wilmington or Representative ? New Hanover County Board of Commissioners Chair or Representative ? Pender County Board of Commissioners Chair or Representative ? Brunswick County Board of Commissioners Chair or Representative ? Cape Fear Area United Way Representative ? Business Roundtable Chair ? University of North Carolina ? Wilmington Representative ? Tri-county Homeless Interagency Council Representative The following timeline was proposed for implementation: ? January 1, 2008 - June 30, 2008 - start up in the amount of $59,550 ? July 1, 2008 - June 30, 2009 - $109,900 ? July 2, 2009 - June 20, 2010 - $113,160 ? Total project cost estimated to be in the amount of $282,610 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 193 These amounts include personnel costs for a Project Manager and Administrative Assistant, office supplies, computers, printing, phone, postage, and marketing and public relations costs. The proposed budget for the implementation phase over the next 2½ years was presented as follows: ? City of Wilmington - $100,000 ? New Hanover County - $100,000 ? Burgaw and Pender County - $40,000 ? Leland and Brunswick County - $40,000 ? Total in the amount of $280,000 for the implementation phase In response to Board questions, Ms. Oldham clarified that the proposed entity will work within an existing agency such as the United Way with two employees hired to oversee the Plan. Commissioner Pritchett reported that the State is currently reforming the latest mental health reform. It is possible that the State will be returning funding back to the Counties to provide services to those that need mental health care, which can include a great portion of the homeless. Commissioner Davis commended the Steering Committee on their work but stated his concern about the unknown financial factors and length of the ten year commitment. Vice-Chairman Greer opened the Public Hearing and asked if anyone was present to speak on this issue. Eileen Ashton, resident of the City of Wilmington, reported that she lives and works in the downtown historic district. The proposed plan is a good plan but needs buy-in from Brunswick and Pender Counties. Homeless figures are higher for New Hanover County because the facilities are located here. Ms. Ashton offered alternative lower cost housing options and reported that there is a pending Bill before Congress for $1.5 million for low income housing. Hearing no further comments, Vice-Chairman Greer closed Public Hearing and thanked Dr. Macris for the presentation. CONSIDERATION OF MASON INLET MAINTENANCE EVENT Frank Pinkston, on behalf of the Mason Inlet Preservation Group Board, presented a letter dated September 17, 2007 requesting the Commissioners delay approval of Agenda Item 9 - Consideration of Mason Inlet Maintenance Event and Agenda Item 10 - Consideration of Mason Inlet Special Assessment. Mr. Pinkston stated that the Mason Inlet Preservation Group believes the delay is warranted because the property owners are responsible for the cost of the maintenance event and assessment. He requested additional information including a copy of the final permit from the U.S. Army Corps of Engineers and any other documents outlining the requirements levied on the Mason Inlet relocation project. He also requested copies of associated contracts and a break down of all costs associated with past and current projects. Mr. Pinkston stated that the Mason Inlet Preservation Group is not appealing the Board?s September 4, 2007 decision upholding the terms of the original contract, but rather to request that they be included in discussion before the Board approves any additional projects. Vice-Chairman Greer clarified with Mr. Pinkston that they would like documentation on why the dredging is being proposed, a break down of the costs associated with the assessment, and the time to review the documents. Commissioner Pritchett stated that she would like to hear the presentation before she heard the protest by Mr. Pinkston. Vice-Chairman Greer stated that at the Board?s September 4, 2007 meeting, staff was directed to include a representative of the Mason Inlet Preservation Group in contract negotiations and discussion of monies being spent. Commissioner Davis clarified that Agenda Item 9 is to request the Board?s approval directing staff to advertise and receive bids for the required work. If approved, the scope of work will then be identified, with input from the Mason Inlet Preservation Group. County Manager Shell reported that at the Board?s August 9, 2007 Work Session, Mr. Gibson, consultant from Gahagan & Bryant, presented a Powerpoint on future maintenance projects. The intent of today?s presentation was to allow the Board to hear the presentation and have the opportunity to authorize staff to move forward with developing the scope of work and at that time involve the Mason Inlet Preservation Group. Commissioner Kopp stated that the Board made it clear that they wanted the Mason Inlet Preservation Group included in the discussion of projects and costs. This agenda item is asking the Board to authorize staff to advertise and receive bids for required work. The Mason Inlet Preservation Group had requested to be on the discussion of whether any work is required and the scope of the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 194 In response to Board questions, County Manager Shell stated that the Mason Inlet Preservation Group has not been included in the decision of whether any work is required at this time. The Board needs to be informed and then consider whether the work is required. If staff is authorized to advertise and receive bids for the work, the bids will be brought to the Board for consideration. Vice-Chairman Greer requested Chris Gibson, Gahagan & Bryant, proceed with the presentation. Mr. Gibson reported that they are recommending the same type of maintenance event that was done in April 2002. Recommended at this time is the dredging of Mason?s Creek, maintenance of the Atlantic Intracoastal Waterway, land based excavation on the southern end of Figure Eight Island and back placing of the excavated sand on Figure Eight Island. The cost of the previous project was $1.3 million. The project is being requested at this time because: ? The inlet is a storage system for sand and it is full. ? Updrift beaches are reaching critical state. The area is one moderate storm from undermining houses again. Conditions are similar to 2004 when the first maintenance event was recommended ? There is an anticipated need for Atlantic Intracoastal Waterway dredging. The requirement under the Federal Permit has more stringent time constraints. Dredging the Atlantic Intracoastal Waterway adds between $100,000 - $150,000 per year to the project cost. The project removes between 35,000 - 50,000 cubic yards of sand from the beach/inlet system. ? It is an opportune time to minimize the overall costs if done this year instead of waiting until next year. The shoaling that has occurred at the southern end of Figure Eight Island and in Mason?s Creek has reached a critical point that now requires dredging take place. Dredging and sediment removal will be accomplished by both land based equipment as well as conventional dredging equipment to minimize costs. There is a contractor within fourteen miles of this site and the cost savings of performing the work this year as opposed to waiting until next year is between $250,000 and $500,000. The window in which this work can be preformed is from November 15, 2007 to March 30, 2008. Due to the time sensitive nature of this work, it will be necessary to seek bids for this work as soon as possible. Staff is requesting the Board authorize them to advertise and receive bids for the Mason Inlet maintenance event. Staff will present a contract for approval by the Board once the successful low bidder has been identified. In response to Board questions, Mr. Gibson reported that the need has been identified and a general scope of work is formatted following the 2004 project. The specifics of the scope and costs will not be available until shoaling information is updated. Postponing the project for two weeks will still allow for a workable timeframe. Work began in June on the proposed project. The required permits are good for three years and are in place for use this year or next year. Due to a contractor in the area, this is the most cost effective time to do the project. Mr. Gibson stated that he will be happy to meet with a representative from the Mason Inlet Preservation Group at any time. In response to Board questions, County Attorney Copley confirmed that the project can be postponed or cancelled during the bid process or after bids are received. Vice-Chairman Greer voiced his concern that since it is the property owners? money that is being spent they need to be included in the discussions and understand who and why their money is being spent. After brief discussion, Vice-Chairman Greer requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to table the item until the Board?s October 1, 2007 meeting to allow representatives of the Mason Inlet Preservation Group to meet with staff and the appropriate consultants. Upon vote, the MOTION TIED 2 TO 2. Commissioner Davis and Commissioner Pritchett voted in opposition. BREAK Vice-Chairman Greer called for a break from 11:20 a.m. until 11:40 a.m. CONSIDERATION OF MASON INLET SPECIAL ASSESSMENT RESOLUTION Finance Director Avril Pinder stated that staff will provide Mr. Pinkston with the requested copies of associated contracts and a break down of all costs associated with past and current projects noting that it is an intense process that will take some time. Finance Director Pinder presented a brief overview of the Mason Inlet Special Assessment. In response to Board questions, Finance Director Pinder reported that this agenda item is not on a deadline. After brief discussion, the consensus of the Board is to table the item to allow representatives of the Mason Inlet Preservation Group to review the requested documentation with staff bringing the item back for the Board?s consideration no later than January 1, 2008. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 195 FIRST READING OF REVISION TO THE NEW HANOVER COUNTY CODE, SECTION FIVE: ANIMALS AND FOWL Jean P. McNeil, Animal Control Services Manager reported that staff is requesting a revision to the New Hanover County Code, Section 5-63(b) Procedure: Animals & Fowl. The revision is requested for clarification on the procedure for dangerous or potentially dangerous dog appeals. Staff is proposing the following revision: ? Current: The owner may appeal the determination of a dangerous dog or potentially dangerous dog. Notice of appeal is by filing written objections with the appellate board appointed by the board of public health within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the county board of health. .??The appellate board shall, within ten business days of the filing of the appeal, schedule a hearing. ??.Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of such appellate board shall be taken to superior court by filing notice of appeal and a petition for review within ten business days from the final decision of the appellate board. ? Proposed: The owner may appeal the determination of a dangerous dog or potentially dangerous dog. Notice of appeal is by filing written objections with the appellate board appointed by the board of public health within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the county board of health. .??The appellate board shall schedule a hearing of said appeal and the dog owner and complainant will be notified of the hearing date ten business days prior to said hearing. ??.Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of such appellate board shall be taken to superior court by filing notice of appeal and a petition for review within ten business days from the final decision of the appellate board. Dr. McNeil continued reporting that the requested revision deals with the appeal process to the decision made by the panel in determining a dangerous or potentially dangerous dog. The dog is confined until the appeal hearing process is completed. Vice-Chairman Greer stated that in order to be fair to the dog owner, he would like to see a time frame included in the revision of when the appeal hearing is required to be scheduled, such as, within thirty days. Hearing no further comments, Vice-Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the revision as presented to the New Hanover County Code, Animals & Fowl, Section 5-63(b) Procedure. Upon vote, the MOTION CARRIED 3 TO 1. Vice-Chairman Greer voted in opposition. Vice-Chairman Greer reported that a second reading is required because the vote was not unanimous. APPROVAL OF VETERANS PARK PHASE IV CONTRACT Parks Director Neal Lewis reported that as directed by the New Hanover County Board of Commissioners on July 23, 2007, staff advertised and received bids for the construction of Veterans Park Phase IV. The apparent low bidder for this project was Paragon Building Corporation with a base bid of $1,786,925. Staff recommends approving contract 08-0020 awarding the project to Paragon Building Corporation in the amount of $1,786,925. The funds are included in the $35.5 million Parks Bond Referendum. An estimated completion date is May, 2008. Vice-Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve contract 08-0020 awarding the Veterans Park Phase IV contract to Paragon Building Corporation in the amount of $1,786,925; the funds are included in the $35.5 million Parks Bond Referendum. Upon vote, the MOTION CARRIED 4 TO 0. AUTHORIZATION FOR FIRE SERVICES TO SUBMIT A SAFER GRANT APPLICATION Fire Chief Donnie Hall reported that Fire Services is requesting authorization to submit a Safer Grant application. If approved, the funds will be used as follows: ? To provide incremental funding for a period of five years for the hiring of nine full-time firefighters. The County would share in the cost on an increased percentage basis each year of the award. Funding for this portion of the grant is shared on a graduated scale over the period of five years. The federal share total for the grant period would total $996,225 and the County contributions would begin at $77,520 for the first year, ending at $490,253 in the last year for a total of $1,320,992. ? To develop a countywide volunteer recruitment and retention program to supplement the career staff and current level of volunteers. The projected costs for this portion of the grant would be $3,600 for the first year for design and production as well as the first year's media campaign. The following years' costs are estimated at $1,600 per year. The total for the recruitment/retention program is $8,400. Funding for the intern program to provide a safe and consistent level of nighttime staffing at multiple stations is estimated at $2,000 per year ($1,000 per semester for three students enrolled at a four-year university) and $1,250 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 196 per year ($750 per semester for three students enrolled in a degree program at a two-year community college). One year costs would total $9,750. Total funding for the Intern Program is $48,750. In closing, Fire Chief Hall reported that the grant funds will not be awarded until next budget year. At that time, the amounts will be budgeted in the Fire District FY 08-09 budget and for the subsequent four years. Staff is requesting authorization to submit the grant application and if awarded, staff will bring the grant award and contract back to the Commissioners for approval. Vice-Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize Fire Services staff to submit a Safer Grant application. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF RESOLUTION APPROVING INSTALLMENT PURCHASE CONTRACT TO PROVIDE FINANCING FOR THE DRINKING WATER TREATMENT PLANT Vice-Chairman Greer reported that for the Board?s consideration is a Resolution Approving an Installment Financing of Governmental Water Facilities and the Sale of Not More than $42,000,000 Variable Rate Certificates of Participation, Series 2007 and Authorizing the Execution and Delivery of Documents in Connection Therewith. The Board conducted a public hearing on September 4, 2007 regarding the Contract and the mortgaging of the site related to the water treatment plant component of the Project, all as described in a notice of public hearing, and the Board received evidence supporting the need for such financing. Now, therefore, be it resolved by the Board of Commissioners of the County as follows: 1. All actions heretofore taken by the County Manager, the Finance Director and the County Attorney effectuating the proposed installment financing of the Project are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the documents referred to above. 2. The Chairman or Vice-Chairman of the Board, the County Manager, the Finance Director, the Clerk to the Board, and the County Attorney are hereby authorized to take any and all such further action and to execute and deliver such other documents as may be necessary or advisable to carry out the intent of this Resolution and to effect the installment financing pursuant to the Contract. The County Manager and the Finance Director are authorized to approve all details of the financing. Execution of the Contract by the Chairman or Vice Chairman of the Board or the County Manager and the Finance Director shall conclusively evidence approval of all such details of the financing. Vice-Chairman Greer requested a motion to adopt the resolution clarifying that the resolution references the complete installment financing document. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution authorizing an Installment Financing of Government Water Facilities in an amount not to exceed more than $42 million Certificates of Participation, Series 2007 and Authorize the execution and delivery of 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, Page 30.7. COMMITTEE APPOINTMENTS Vice-Chairman Greer announced that appointments to the New Hanover Regional Medical Center Board of Trustees have been withdrawn from the agenda. Appointment to the Cape Fear Public Transportation Authority/WAVE Transit Authority Vice-Chairman Greer reported that one unexpired term vacancy needs to be filled on the Cape Fear Public Transportation Authority/WAVE Transit Authority with two applications available for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Don Betz to serve the unexpired term on the Cape Fear Public Transportation Authority/WAVE Transit Authority with the term to expire on December 31, 2008. Upon vote, the MOTION CARRIED 4 TO 0. Appointment to the Cooperative Extension Advisory Council Vice-Chairman Greer reported that two vacancies need to be filled on the Cooperative Extension Advisory Council with one application available for consideration and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to appoint Margaret Whisenhunt to serve a three-year term on the Cooperative Extension Advisory Council with the term to expire on May 31, 2010. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 17, 2007 PAGE 197 Appointments to the Juvenile Crime Prevention Council Vice-Chairman Greer reported that three vacancies need to be filled on the Juvenile Crime Prevention Council with three applicants eligible for reappointment and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint Harold B. King, George E. Tilley and Dolores M. Williams to serve two-year terms on the Juvenile Crime Prevention Council with the terms to expire on September 30, 2009. Upon vote, the MOTION CARRIED 4 TO 0. Appointments to the Risk Management Advisory Committee Vice-Chairman Greer reported that two vacancies need to be filled on the Risk Management Advisory Committee with one new application available for consideration and two current appointees willing to serve an additional term. Vice-Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to appoint George H. Chadwick, III to serve a three-year term on the Risk Management Advisory Committee with the term to expire on September 1, 2010. Upon vote, the MOTION CARRIED 4 TO 0. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to appoint Ronald H. Woodruff to serve a three-year term on the Risk Management Advisory Committee with the term to expire on September 1, 2010. Upon vote, the MOTION CARRIED 4 TO 0. BREAK Vice-Chairman Greer called for a break from 12:08 p.m. until 12:45 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Greer convened from Regular Session at 12:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Vice-Chairman Greer reconvened to Regular Session at 1:17 p.m. NON-AGENDA ITEMS Vice-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 items were presented. ADDITIONAL ITEM Commissioner Pritchett stated that she has recently flown in and out of Wilmington International Airport and has observed New Hanover County?s dwindling urban forest. She requested that a concentrated effort be put forth to develop the County?s urban forest and work on implementing clear-cutting restrictions. ADJOURNMENT There being no further business, Vice-Chairman Greer called for a motion to adjourn the meeting. Vice-Chairman Greer adjourned the meeting at 1:20 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board