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2008-04-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 345 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 21, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE New Hanover County Sheriff?s Department Chaplain Gene Tilly gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, 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 of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on April 3, 2008 Board of Equalization & Review meeting held on April 5, 2008 Regular Session meeting held on April 7, 2008 Closed Session meeting held on April 7, 2008 Acceptance of Grant Funds from the Cape Fear Memorial Foundation and Adoption of Budget Ordinance Amendment 08-238 ? Department of Aging The Commissioners, on behalf of the Department of Aging, accepted grant funds from the Cape Fear Memorial Foundation in the amount of $7,000 and adopted Budget Ordinance Amendment 08-238. The funds will be used for the Prescription Drug Assistance Program and run for a twelve-month period. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 9.1. Ratification of a Weight-Wise Grant Application Submitted to the University of North Carolina Center for Health Promotion and Disease Prevention ? Health Department The Commissioners ratified a Weight-Wise grant application submitted by the Health Department to the Center for Health Promotion and Disease Prevention at the University of North Carolina in the amount of $24,755. If awarded, the funds will be used to implement the Weight-Wise program. The target population will be overweight female Health Department clients who qualify by income and age. The funds will be awarded over a three-year period: $3,250 for study-related expenses (year one - $1,600, year two - $1,395, year three - $255), and $21,505 for salary support (year one - $3,512, year two - $15,796, year three - $2,197). No local match is required. Authorization to Submit an Application to the Alzheimer's Foundation of America Brodsky Grant ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the Alzheimer?s Foundation of America, Brodsky Grant in the amount of $30,000. If awarded, the funds will be used to further expand the Sheriff?s Office Project Lifesaver Program to include the Iris Recognition Biometric Technology that is currently used in the Children Identification and Location Database Project and the Senior Safety Network. No local match is required. A copy of the grant application is available for review in the Sheriff?s Office. Approval of Release of Tax Values ? Tax Department The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Cherry, Frank D. Jr. $84,448 East, Shirley 87,639 Henderson, Gloria 76,603 Kimbrell, Wayne G.152,859 Kusta, Betty Horrell 89,792 Phelps, Howard N.114,319 Roberts, Beulah $20,996 Stanley, Betty 61,666 Switzer, Sara H. 260,772 Ward, Willard J. 61,995 Waterman, Betty 43,449 York, Kay Julian 125,879 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 346 The Commissioners granted the following organizations an exemption from property tax Christ Community Church of Wilmington, NC R07000-003-201-000 St. Judes Metropolitan Community Church R08420-004-004-000 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following budget ordinance amendments: 08-223 - Department of Social Services 08-233 - Department of Social Services 08-224 - Board of Elections 08-232 - Board of Elections 08-227 - Legal/Risk Management 08-237 - Department of Aging 08-234 - Sheriff's Office 2008-108 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 9.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Gina Herring ? Elections Alan Layh ? Engineering Matthew Davis - Fire Services Nancy Scott - Register of Deeds Paul Nevitt - Sheriff's Office Ten Year: Marion Nease ? Elections Angela Thames - Sheriff's Office Martha Barrera - Social Services Renee Hall - Social Services Fifteen Year: Kathy Bundy - Health Department Angela Benton - Social Services On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Kenneth Murray ? Engineering Jennifer Karabin ? Engineering Staci Wood ? Health Department Gabrielle Wrisbon - Health Department Martha Garay - Health Department Lisa Lyn Cohen - Inspections Department Betty Campese ? Social Services Paula Killette - Social Services Terisa Benton - Social Services Tiffany Frahm ? Social Services On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. APPOINTMENT AND ADMINISTRATION OF OATH OF TAX ADMINISTRATOR ROGER KELLEY Chairman Greer reported that Roger Kelley, Assistant Tax Administrator, has been selected to succeed Tax Administrator Robert Glasgow upon his retirement. Staff recommends the appointment of Roger Kelley to fill the unexpired term of Robert Glasgow, which expires August 14, 2008. Finance Director Avril Pinder presented an overview of Mr. Kelley?s previous employment history stating that he has been in the tax appraisal field for over thirty years and has been employed with New Hanover County since June 2004. County Manager Bruce Shell presented an overview of the hiring process used for the Tax Administrator position. The Finance Director oversees the daily supervision of the Tax Administrator. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 347 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to appoint Roger Kelley as Tax Administrator to fill the unexpired term of Robert Glasgow, which expires August 14, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer administered the Oath of Office to Roger Kelley, Tax Administrator. Tax Administrator Kelley thanked the Board for giving him this opportunity and stated that he is looking forward to the future and re-establishing the faith of the public in the Tax Department. A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 9.3. TH RECOGNITION OF WILLIAM R. WILLIAMS ON HIS 40 ANNIVERSARY SERVING ON THE NEW HANOVER COUNTY ABC BOARD Chairman Greer referenced a letter from the State ABC Commission congratulating Mr. Williams on his service stating that when Mr. Williams began serving on the ABC Board, retail sales were approximately $3.9 million annually. This year sales will exceed $30 million. Mr. Williams has provided leadership and dedicated service to the ABC Board which has prospered by providing citizens with some of the most profitable and finest self service stores in the State. On behalf of the Board, Chairman Greer congratulated and thanked Mr. Williams for his fortieth anniversary serving on the New Hanover County ABC Board. RECOGNITION OF DEPARTMENT OF AGING RETIRED AND SENIOR VOLUNTEER PROGRAM AWARD WINNERS BY THE NATIONAL ASSOCIATION OF COUNTIES Assistant County Manager Chris Coudriet reported that the New Hanover County Retired and Senior Volunteer Program (RSVP), sponsored by the Department of Aging, were named a winner in the National Association of Counties "Acts of Caring" awards program. The "RSVP Special Needs Registry" is a lifeline of hope that helps elderly and disabled citizens prepare to weather hurricanes and other disasters. Ms. Bunnie Brush and Ms. Brenda Brow received the award April 10, 2008 at the Rayburn Office Building in Washington, DC. The "Acts of Caring" Awards recognize and promote county sponsored volunteer programs that enhance or preserve quality of life. Eligible programs must enlist community participation on a volunteer basis, demonstrate measurable outcomes that benefit the community and serve as a model program for other communities. On behalf of the Board, Chairman Greer congratulated Department of Aging Director Annette Crumpton, RSVP Director Bunnie Brush, and RSVP Coordinator Brenda Brow, on receiving the award. ANIMAL CONTROL SERVICES ON-SITE SPAY/NEUTER FACILITY PRESENTATION Animal Control Services Manager Dr. Jean McNeil reported that in August 19, 2002, the Board of Commissioners approved the construction of an on-site spay/neuter facility and adoption play area. In June 2004 the first surgery was performed by Dr. G. Robert Weedon, current veterinarian on the Board of Health. Since that date, over 2,500 animals have been surgically altered at the clinic, which continues to have a direct impact in reducing pet overpopulation in our area. On behalf of the citizens of New Hanover County, the Board of Health, the Health Department Animal Control Services staff relayed thanks and appreciation for the opportunity to save so many lives of companion animals in our community. ADOPTION OF PROCLAMATION DECLARING MAY 2008 AS BICYCLE AWARENESS MONTH IN NEW HANOVER COUNTY Vice-Chairman Caster read the resolution into the record declaring May 2008 as Bicycle Awareness Month in New Hanover County and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring May 2008 as Bicycle Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Planning Director Chris O?Keefe reported on the bicycle-related activities have been designed to promote safe bicycle use in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 9.4. APPROVAL OF MEMORANDUM OF UNDERSTANDING AND AUTHORIZATION FOR THE SHERIFF?S OFFICE TO SUBMIT A GRANT APPLICATION TO THE GOVERNOR?S CRIME COMMISSION NORTH CAROLINA GANG PREVENTION INITIATIVE WITH THE CITY OF WILMINGTON Chairman Greer reported that the Governor's Crime Commission has notified the Sheriff's Office that the pre-application submitted for the Collaborative Gang Task Force Effort project has been selected for full application submittal. The total amount of funds recommended for the project is $200,000 ($100,000 per year for two years). NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 348 The grant term is July 1, 2008 through June 30, 2009. The second year budget is anticipated to be the same as the first year with same local match requirement allocated between the County and City. The Sheriff has requested that Contingency funds be used for the County's portion of the local match, $25,000.12 for each year. Staff is requesting the Board authorize the submission of the grant application, approve the Memorandum of Understanding between the County and City for the Collaborative Gang Task Force Effort, and if awarded, accept the grant funds. The Memorandum of Understanding states that New Hanover County will serve as the lead agency in administering the grant. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to authorize the submission of the grant application and approve the Memorandum of Understanding between the County and City for the Collaborative Gang Task Force Effort. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to accept the grant funds if awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review in the Sheriff?s Office and a copy of the memorandum of understanding is available for review in the Legal Department. BREAK Chairman Greer called for a break from 9:48 a.m. until 10:02 a.m. PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING ECONOMIC INCENTIVE GRANT TO TITAN AMERICA, LLC Wilmington Industrial Development/Committee of 100 Chief Executive Officer Scott Satterfield reported that Titan America, LLC is considering an expansion of its business located in New Hanover County and presented the following overview: ? Titan America, LLC is a large cement producing company based in Athens, Greece. ? Titan has eleven cement production facilities, two located in the United States, one in Virginia and one in Florida. ? In 2004, Titan S.A. had total revenue of 1.104 billion euro and a net income of 169 billion euro ($268 million US Dollars). ? Titan is proposing to invest $450 million in New Hanover County on the site of a former cement plant in the Castle Hayne area. ? If built, it will be the only cement plant in the State of North Carolina. ? Titan will create 160 full-time permanent jobs with an average salary $75,000 a year plus benefits. ? During construction phase would involve approximately 800 sub-contractors. ? According to William W. Hall, Senior Economist, UNC-W, the output impact to the county is estimated to be $235.7 million plus create another 720 new jobs in the economy. ? County property tax collections estimated in the amount of $2.4 million. ? A significant amount of regulations will be required. The facility will be state-of-the-art. Titan America has a reputation of being extremely environmentally friendly and aggressive. Mr. Satterfield continued reporting that the recommended incentive is $600,000 per year for seven years, for a total of $4.2 million clarifying that Titan America will not receive any incentive money until the plant is open and operational. A contract outlining the milestone schedule and payment details will be prepared to be submitted at a later date for approval. In response to Board questions concerning the environment, Mr. Satterfield responded that the project will be required to follow all Federal and State environmental permitting regulations. The state-of-the art cement plant will be designed according to the most rigorous environmental standards. In response to Board questions concerning the incentive package, Mr. Satterfield clarified that benchmarks will be included in the agreement before any incentive payments are issued and based on the issuance of the Certificate of Occupancy. Property tax income will be generated before any incentive payments are issued. Marino Papazoglou, Director of Business Development, Titan America, presented an overview of the company?s one hundred year history. Mr. Papazoglou stated that he wants the community to understand that in order for the company to open up the facility it will take between one to two years to comply with all the requirements and obtain the appropriate permits. Titan America is open to community concerns as their employees and their families will be a part of the community. Chairman Greer opened the Public Hearing and asked if anyone was present to speak in favor of or in opposition to the request. John Merritt, McGuire Woods Consulting LLC, spoke in favor of the proposed incentive highlighting the benefits to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 349 Steve Yost, North Carolina?s Southeast, spoke in favor of the proposed incentive stating the many benefits this one-of-a-kind, cutting edge manufacturing project can bring to the region. John Nelms, Progress Energy, spoke in favor of the proposed incentive stating that he is very impressed with Titan America and that it is the type of manufacturing operation we want here in the community. Harold Wells, resident, spoke in favor of the proposed project based on the huge economic investment Titan America is proposing to make in our community. Gene Renzaglia, resident, spoke in favor of the proposed project highlighting the manufacturing jobs that will be brought to the area. Susan MacDermid, resident, spoke on the responsiveness of Titan America to her environmental concerns and encouraged the Board to move forward with the project. She requested some existing local conditions be addressed. Connie Majure-Rhett, Greater Wilmington Chamber of Commerce, spoke in favor of the proposed project stating the benefit of the new jobs and the personal investment that Titan America makes in the communities where they are located. David Jones, resident, spoke in favor of the proposed project stating that the addition of Titan America to the community will be a benefit to New Hanover County now and in the future. Randall Tomsic, Wachovia Bank, stated that he views the proposed project as a great opportunity for the community based on job creation, performance-based benchmarks with income being received before incentives are paid, and based on the success of previous incentives. Jim Hundley, Wilmington Industrial Development Board member, spoke in favor of the proposed project stating that the incentive investment pales in comparison to the investment of jobs in the community. Steve Lee, resident, spoke in opposition to the request stating that incentive grants do not have the desired impact and do not serve the whole community. Titan America needs New Hanover County more than the County needs them. He requested the Board deny the request or table it for another meeting to allow time for environmental issues to be addressed and for public information and input. Doug Springer, Cape Fear River Watch, spoke in opposition to the request stating environmental concerns and requested that the item be tabled pending further investigation into the project. Tom Tewey, Cape Fear River Watch, spoke in opposition to the request, stating his concern for the Cape Fear River and environment and that this is not an environmentally friendly industry. He requested the Board table the item to allow time for them to expand their consideration to consult with the business community. Robert Parr, resident, spoke in opposition to the request stating his concern for environmental issues on water and air quality. He requested the Board delay the decision and hold additional public information meetings on the project. Janice Wilson, Sierra Club, spoke in opposition to the proposed project stating environmental concerns especially carbon dioxide emissions. She stated that the county needs a master plan for industrial development and requested the Board not to approve the resolution until an environmental impact study has been conducted. Joel Bourne, resident, spoke in opposition to the proposed project due to the impact on air and water quality and the impact on energy usage. Robert Seeling, resident, stated that he applauds the effort to bring new industry to the community but cautioned the impact that poor air quality would have on the community and tourism trade. Hal Kitchin, resident, stated that he is in favor of the request. Mike Giles, North Carolina Coastal Federation, requested the Board delay a decision stating that there needs to be more discussion with the applicant and environmental experts. Chairman Greer stated that he is also concerned with environmental issues but due diligence has been done to make sure that that the issues have been addressed. Titan America has not made a decision to locate in the county, if they do, they will be paying a tremendous amount of taxes and investment into the local economy. The economic incentive package is a small investment to get a major return and it is the right thing to do. Vice-Chairman Caster stated that the proposed project location is already zoned for industry and that the economic incentive is not a give-away; they have to give before they get. Commissioner Davis stated that he is a native of New Hanover County and would not vote for the project if he believed it would have a negative impact, but he does not believe it will have a negative impact. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 350 Commissioner Kopp stated that the decision before the Board is not to issue permits but whether to make the offer of the incentive and let Titan America know that they will be welcome in New Hanover County. Titan America will be investing approximately $450 million in the County generating approximately $2 million a year in property tax revenue. According to his figures, at the present tax rate, it would take over 2,000 new homes to generate the same amount of revenue that the County will receive from Titan America. The tax burden would be spread out between residential, commercial, and industrial. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to table the request until the Board?s May 5, 2008 meeting to allow time for additional research and review. Marino Papazoglou, Titan America, requested that the Board move forward with extending the invitation through the incentive. Once the invitation is extended, then Titan will undertake one to two years worth of studies to make sure they comply with all the permits, regulations, and laws that are necessary to build the facility. The studies will be conducted by independent and third parties to assure that the operation not only meets the standards but exceeds them. Titan?s intention is, within the next two years, to hold a roundtable with all the interested parties. The intent today is to see if Titan America, LLC is welcome in New Hanover County. Commissioner Davis stated that, based on the comments made by Mr. Papazoglou, he is assured that there is no way that the questions raised by the public can be addressed today or at the Board?s next meeting. It will take a lot of study and investment on Titan America?s part to address those issues and come up with the solution that those issues present. Steve Lee, resident, requested that the Board postpone their decision for additional review and information. Chairman Greer called for a vote on the Motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to table the request until the Board?s May 5, 2008 meeting to allow time for more information. Upon vote, the MOTION FAILED 4 TO 1. Chairman Greer, Vice-Chairman Caster, Commissioner Davis and Commissioner Kopp voted in opposition. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving the economic incentive grant to Titan America in an amount not to exceed $4.2 million, payable over seven years. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 9.5. BREAK Chairman Greer called for a break from 11:55 a.m. until 12:09 p.m. DENIAL TO ACCEPT THE RESOLUTION SUBMITTED BY THE WILMINGTON CITY COUNCIL Vice-Chairman William A. Caster reported that the Wilmington City Council unanimously adopted a resolution on March 18, 2008 requesting a referendum for a ¼ cent sales tax increase in New Hanover County. Among other items, the resolution outlines specific road projects, includes a sunset clause, and a request that one- tenth of the funds be used to support public transportation in the county. After Board discussion outlining that the sunset clause in the City?s resolution and the request for specific projects are not allowed to be included in the referendum and that the County should not be assuming the State?s responsibility for road construction, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, not to accept the resolution as submitted by the Wilmington City Council requesting a referendum for a ¼ cent sales tax increase in New Hanover County because the resolution is flawed and does not follow the guidelines outlined for the referendum. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION ACCEPTING THE BICYCLE FACILITIES STUDY FOR THE BLUE CLAY CORRIDOR Planning Director Chris O?Keefe reported that the Wilmington Metropolitan Planning Organization has completed the Bicycle Facilities Study for the Blue Clay Corridor in cooperation with New Hanover County, ILM Airport, and North Carolina Department of Transportation staff, as well as the general public and presented an overview of the study. The Bicycle Facilities Study for the Blue Clay Corridor will be used as a guide to improve bicycle facilities along the Blue Clay Road corridor, with the long-term goal of providing a safe bicycle route between North 23rd Street and Holly Shelter Road for use by both bicycle commuters and recreational bicyclists. Staff is requesting the Board accept the Bicycle Facilities Study for the Blue Clay Corridor. Commissioner Pritchett read the resolution into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution accepting the Bicycle Facilities Study for the Blue Clay Corridor. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 351 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 9.6. A copy of the study is available for review in the Planning Department. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR BUSES FOR EMERGENCY EVACUATION Director of Cape Fear Public Transportation Authority Albert Eby reported that they have been working with County Emergency Management to prepare a Memorandum of Understanding authorizing the use of WAVE vehicles for emergency evacuations. Emergency Management Director Warren Lee reported that the County would compensate WAVE based on an approved fee schedule, with documentation prepared for FEMA reimbursements. This agreement is to formalize an agreement that has been in place for several years. Staff is also working on a similar agreement with the New Hanover County Board of Education. Staff is requesting the Board approve the Memorandum of Understanding and authorize staff to execute the document. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the Memorandum of Understanding and authorize staff to execute the Memorandum of Understanding outlining the use of WAVE vehicles for emergency evacuations. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the memorandum of understanding is available for review in the Legal Department. ADOPTION OF RESOLUTION, ORDINANCE, AND BUDGET ORDINANCE AMENDMENT 08-218 CHANGING THE COUNTY CODES IN REGARD TO THE PASSAGE OF NORTH CAROLINA SESSION LAW 2007-383 Assistant County Manager Andre? Mallette and Acting Director Public Safety Communications Center Brenda Hewlett reported that in an attempt to simplify the Public Safety Telephone Act, know as Chapter 62A, and to provide statewide parity in the quality of service provided and charges assessed to voice communication service providers, the legislature revised Chapter 62A in the 2007 session. The new law repealed Article 1 and Article 2 of Chapter 62A and adopted new statewide procedures for the collection of all 911 fess through the adoption of Article 3, effective January 1, 2008, and established a regulatory board to oversee the expenditure of collected funds. In essence, Article 3 merged both wire line and wireless and placed jurisdiction for assessment and collection of fees, distribution of funds to local governments, and auditing of local expenditures with a state board. The changes to Chapter 62A as of January 1, 2008 are as follows: Article 3: An Emergency Telephone System Fee is assessed by the state on both traditional land lines and cell phone users. The state is responsible for collecting all funds. Funds are distributed to local governments according to formula. The state has notified all communication providers of the new policies. Staff is requesting the Board adopt Budget Ordinance Amendment 08-218 revising the established County budget so E911 funds are tracked in accordance with the changes in Article 3 and including funding in the amount of $200,000 of surcharge funds to replace a voice recorder as required by state law, adopt the resolution and the county ordinance which makes revisions to meet operating and reporting requirements of North Carolina Session Law 2007-383, Article 3, Chapter 62A. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution, county ordinance, and Budget Ordinance Amendment 08-218 in regard to the passage of North Carolina Session Law 2007- 383. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolution, ordinance, and budget amendment are hereby incorporated as a part of the minutes and contained in Exhibit Book XXXI, Page 9.7. COMMITTEE APPOINTMENTS Appointments to the Airlie Gardens Foundation, Inc. Board of Directors Chairman Greer reported that vacancies of three unexpired terms need to be filled on the Airlie Gardens Foundation, Inc. Board of Directors with six new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to appoint Mark S. Johnson, Vivian Partin, and Anne Murray to serve the unexpired terms on the Airlie Gardens Foundation, Inc. Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, to appoint Steve Bilzi to serve an unexpired term on the Airlie Gardens Foundation, Inc. Board of Directors. NO SECOND WAS RECEIVED. The Board directed the Clerk to the Board to draw names to fill the unexpired terms with the first name NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 352 being drawn to fill the unexpired term ending on June 30, 2010 with the two subsequent names filling the unexpired terms ending on June 30, 2009. BREAK Chairman Greer called for a break from 12:45 p.m. until 1:25 p.m. ADOPTION OF RESOLUTION DESIGNATING COUNTY MANAGER BRUCE SHELL AS THE OFFICIAL DESIGNATED TO REQUEST INFORMATION CONCERNING SALES TAX REFUNDS IN NEW HANOVER COUNTY Budget Director Cam Griffin reported that Counties are permitted by State Statute to receive a confidential list of organizations receiving a sales tax refund of $1,000 or more during the past 12 months. As permitted by G.S.105-164.14 (f), County staff would like to request these organizations receiving refunds to verify that the sales tax refund from New Hanover County was correct. Organizations must give information on the refund to a designated County official within thirty days after the County makes a written request for the information. The designated county official is the Chair of the Board of County Commissioners, or a county official designated in a resolution adopted by the Board. Staff is requesting the Board adopt the resolution designating County Manager Bruce Shell as the official designated to request information concerning sales tax refunds in New Hanover County. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution designating County Manager Bruce Shell as the official designated to request information concerning sales tax refunds in New Hanover County. 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 XXXI, Page 9.8. COMMITTEE APPOINTMENTS Appointments to the Juvenile Day Treatment Center Advisory Board Chairman Greer reported that two vacancies need to be filled in the at-large membership category on the Juvenile Day Treatment Center Advisory Board with one applicant eligible for reappointment and one new application having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Diana Woolley to serve a three year term in the at-large category on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2011 and appoint Robyn G. Carr to serve a three year term in the at-large category on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Lower Cape Fear Water and Sewer Authority Chairman Greer reported that the Board needs to appoint a Commissioner Representative on the Lower Cape Fear Water and Sewer Authority. Commissioner William A. Kopp is currently filling this position. Chairman Greer requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis, to appoint William A. Kopp to serve a three-year term on the Lower Cape Fear Water and Sewer Authority with the term to expire May 13, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to Southeastern Economic Development Commission Chairman Greer reported that one vacancy needs to be filled in the Economic Development Community category on the Southeastern Economic Development Commission with one application eligible for reappointment and two new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to reappoint Connie Majure-Rhett to serve a four-year term on the Southeastern Economic Development Commission with the term to expire April 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to Zoning Board of Adjustment Chairman Greer reported that a vacancy of an unexpired term needs to be filled on the Zoning Board of Adjustment with five new applications having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Eric C. Hickman to fill an unexpired term on the Zoning Board of Adjustment with the term to expire December 1, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 1:29 p.m. to hold a meeting of the New Hanover NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 21, 2008 PAGE 353 County Water and Sewer District. Chairman Greer reconvened to Regular Session at 1:31 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Ricky Meeks, resident, spoke on the value of the WAVE Transit Authority system and thanked the Board for their support of the system. He requested the Board consider additional bus routes to the Monkey Junction area and Castle Hayne area and to establish bus routes in the Porters Neck area and Fort Fisher area. ADDITIONAL ITEMS RECOGNITION OF AMERICAN COUNCIL OF ENGINEERING COMPANIES OF NORTH CAROLINA Assistant County Manager Dave Weaver reported that New Hanover County has been the recipient of a Client Appreciation Award from the American Council of Engineering Companies of North Carolina. The award was based on the initiative and innovation for the concept development of the County?s drinking water treatment plant using a ground water filtration system. RECOGNITION OF 2007 UNITED WAY CAMPAIGN Commissioner Pritchett reported that on behalf of the New Hanover County she accepted the 2007 United Way Campaign of the Year Award, in the Public Agency category. ADOPTION OF RESOLUTION REGARDING THE PROPOSED CHANGES TO THE COASTAL STORMWATER RULES (TITLE 15A) Chairman Greer reported that if approved by the General Assembly, the proposed changes to the Coastal Stormwater Rules will provide additional restrictions to the Session Law 2006-246 rules that currently govern developmental activities within the County. The proposed changes are technically and economically infeasible, unnecessary and unfair. The draft resolution requests the General Assembly submit these Coastal Stormwater Rules to a legislative study committee during the upcoming short session to allow for adequate study into the many impacts the rules will have, if implemented, in their current form. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution requesting the General Assembly to submit the Coastal Stormwater Rules to a legislative study committee during the upcoming short session to allow for adequate study into the many impacts the rules will have, if implemented, in their current form. 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 XXXI, Page 9.9. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 1:44 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board