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2008-06-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 401 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 16, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. 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 Robert Campbell, Senior Pastor, New Beginning Christian Church, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster 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 ? Governing Body The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Solid Waste Management Work Session meeting held on May 19, 2008 Board of Equalization and Review meeting held on May 22, 2008 Board of Equalization and Review meeting held on May 28, 2008 Agenda Review meeting held on May 29, 2008 Regular Session meeting held on June 2, 2008 Closed Session meeting held on June 2, 2008 Budget Work Session meeting held on June 4, 2008 Acceptance of 2009 Family Caregiver Support Grant ? Department of Aging The Commissioners, on behalf of the Department of Aging, accepted grant funds from the 2009 Family Caregiver Support Grant in the amount of $28,500. The funds will be used to provide temporary care for persons who are caring for a family member sixty or over. No local match is required and there is no requirement to continue the program after grant funding expires. Authorization to Submit a Grant Application to the U.S. Department of Justice ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit the following two grant applications to the U.S. Department of Justice: ? Edward Byrne Memorial Competitive Grant Program in the amount of $79,002 for Enhancing Local Courts. If awarded, funds will be used for security enhancements in the New Hanover County Judicial Building and the Office of Juvenile Justice Building ? Edward Byrne Memorial Competitive Grant Program in the amount of $146,451 for Enhancing Local Corrections and Offender Reentry. If awarded, Enhancing Local Corrections and Offender Reentry funds will be used for security enhancements in the New Hanover County Detention Facility The Sheriff's Office will sustain the equipment maintenance cost through normal budgetary procedures. No local match is required. Copies of the grant applications are available for review in the Sheriff?s Office. Authorization to Submit a Grant Application to the Department of Homeland Security ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the Department of Homeland Security, Commercial Equipment Direct Assistance Program. If awarded, the equipment grant is for a Raman Spectrometer. A Raman Spectrometer is a hand-held instrument for in-the-field identification of toxic industrial chemicals, narcotics, contraband, chemical weapons, white powders, and explosives. A copy of the grant application is available for review in the Sheriff?s Office. Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 402 08-281 - Department of Social Services 08-295 - Department of Aging 08-306 - Sheriff's Office 2008-126 - Sheriff's Office 2008-127 - Sheriff's Office 2008-129 - Finance 2008-130 - Finance Copies of the Budget Ordinance Amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXI, Page 13.1. 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: Sterl (Jack) Paramore - Inspections Department Craig Bredenbeck - Sheriff's Office Christopher Cottle - Sheriff's Office Quinton Gills - Sheriff's Office Ten Year: Reggie Hucks - Inspections Department Regina Nell - Parks Department Fifteen Year: Sarah Smith - Health Department Twenty Year: Teresa Lettley - Finance Department Twenty-five Year: Dianne Harvell - Health Department Lise Ruefle - Sheriff's Office Faye Outlaw - Tax Department On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Shonta Epps ? Health Department Ursula Wight ? Parks Department Scott Barnard ? Parks Department On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF PLANNING DIRECTOR CHRIS O?KEEFE AS RECIPIENT OF PUBLIC SERVANT OF THE YEAR IN THE GOVERNMENT SECTOR AWARD County Manager Bruce Shell reported that Chris O'Keefe, County Planning Director, was honored on Friday, June 6, 2008 at the UNCW MPA Program's Public Service Recognition Reception. Director O?Keefe was selected as Public Servant of the Year in the Government Sector. Chairman Greer, on behalf of the Board, congratulated Director O'Keefe for this accomplishment and thanked him for his service to New Hanover County. ADOPTION OF RESOLUTION RECOGNIZING THE INDUCTION OF THE CAPE FEAR RESOURCE CONSERVATION AND DEVELOPMENT INTO THE NATIONAL ASSOCIATION OF RESOURCE CONSERVATION AND DEVELOPMENT COUNCILS CIRCLE OF DIAMONDS Chairman Greer reported that the Board has been requested to adopt the resolution recognizing the induction of the Cape Fear Resource Conservation and Development into the National Association of Resource Conservation and Development Councils Circle of Diamonds Vice-Chairman Caster read the resolution into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution recognizing the induction of the Cape Fear Resource Conservation and Development into the National Association of Resource Conservation and Development Councils Circle of Diamonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Representatives of the Cape Fear Resource Conservation and Development accepted the resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 403 XXXI, Page 13.2. ADOPTION OF FISCAL YEAR 2008-2009 BUDGET ORDINANCE FOR NEW HANOVER COUNTY AND NEW HANOVER COUNTY FIRE SERVICE DISTRICT AND ADOPTION OF ENVIRONMENTAL MANAGEMENT FEE CHANGE ORDINANCE County Manager Bruce Shell reported that he is presenting the FY 2008-2009 Budget Ordinance for New Hanover County with a tax rate of 45.5 cents and Fire Service District tax rate at the current 5 cents. The General Fund FY 2008-2009 Recommended Budget of $273 million is almost $1 million less than the FY 2007-2008 Adopted Budget. The only budget functions that increased between FY 2007-2008 Adopted and FY 2008-2009 Recommended are Public Safety, Education, and Debt Service. An ordinance is included for the Board?s consideration revising Environmental Management fees. County Manager Shell highlighted the following items associated with the proposed 45.5 cents tax rate: ? New Hanover County School funding in the amount of $65.7 million. ? Cape Fear Community College funding in the amount of $6.2 million. ? The Environmental Management Fund includes a $2 per ton state-mandated tipping fee which will be implemented July 1, 2008, unless the fee is delayed or repealed by the State of North Carolina. ? Fourteen new positions are included; six are revenue generating positions; the remaining eight positions are associated with parks and internal operations in the tax department. ? The increase in debt service is related to voter approved bonds. ? Five positions are included to staff the new Murrayville Fire Station. Chairman Greer clarified that even with the requested tax rate increase, total budget expenditures will be less than last year. The requested 3.5 cents is to fund increased bond indebtedness, maintenance of the schools and parks, as well as an increase in funding for the schools and Cape Fear Community College. Of the fourteen new positions requested, some are revenue neutral and five are park positions which will replace current part-time positions. Chairman Greer requested direction from the Board. Vice-Chairman Caster stated that he felt that the 1.5 cents increase was justified to pay for debt service from voter approved referendums. Due to the tax mistake, tax payers actually paid less taxes in FY 2007-2008. Motion: Vice-Chairman Caster MOVED to adopt the FY 2008-2009 Budget Ordinances for New Hanover County with a tax rate of 44.5 cents. No second was received. THE MOTION FAILED. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to adopt the FY 2008-2009 Budget Ordinances for New Hanover County with a tax rate of 45.5 cents and Fire Service District with a tax rate of 5 cents and adopt the Environmental Management Ordinance revising the fee schedule. Substitute Motion: Vice-Chairman Caster MOVED to adopt the FY 2008-2009 Budget Ordinances for New Hanover County with a tax rate of 45 cents. No second was received. THE MOTION FAILED. Commissioner Kopp stated he was concerned about the impact of the current economic climate on the residents and was hesitant to ?grow government? stating that he was not in favor of the requested positions. Commissioner Pritchett requested to know which items the commissioners would recommend to be cut from the proposed budget to lower the proposed tax rate. Chairman Greer stated that the proposed budget appropriates $6 million of fund balance. Additional fund balance could be used to lower the tax rate increase but maintaining a strong fund balance is the prudent thing to do. The recommended budget is less than the FY 2007-2008 budget. He reported that county governments are an extension of the state government. Municipalities are not an extension of state government and can spend money how they want. Counties are required to spend money on courts, jails, schools, community colleges, health departments, and departments of social services. An elected official takes an oath of office to uphold the laws of North Carolina and the United States and places the official under an obligation to fund the mandated items. BREAK Chairman Greer called for a break from 9:46 a.m. until 10:01 a.m. Chairman Greer reconvened the meeting and requested direction from the Board. Substitute Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to adopt the FY 2008-2009 Budget Ordinance for New Hanover County with a tax rate of 45.25 with the appropriation of $800,000 from the county-controlled portion of New Hanover County Schools fund balance and Fire Service District with a tax rate of 5 cents and adopt the Environmental Management Ordinance revising the fee schedule. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. Chairman Greer requested that the letter certifying the projected tax base be entered into the record of the minutes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 404 A copy of the Fiscal Year 2008-2009 Budget Ordinance, Environmental Management Fee Change Ordinance, and Letter Certifying the Projected Tax Base is hereby incorporated into the minutes and is contained in Exhibit Book XXXI, Page 13.3. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF OLD WINTER PARK- WRIGHTSBORO ROAD Principal Development Planner Sam Burgess reported that the New Hanover County Airport Authority has petitioned the County to close a portion of Old Winter Park-Wrightsboro Road. The improved road is approximately 900 feet in length and contains a 60 foot right-of-way. The road is located approximately 562 feet west from the intersection of North Kerr Avenue and John Morris Road (SR 1353). In accordance with N.C.G.S. 153-A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing. If adopted, the public hearing will be scheduled for August 4, 2008 at 6:00 p.m. After a brief question and answer period, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Resolution of Intent to close a portion of Old Winter Park-Wrightsboro Road. 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 13.4. ADOPTION OF RESOLUTION AWARDING CONTRACTS FOR DANGEROUS TREE AND HANGING LIMB REMOVAL AND DISPOSAL IN CASE OF EMERGENCY Environmental Management Director John Hubbard reported the Department of Environmental Management has requested bids to have primary and secondary contracts in place to cut, load, haul, and dispose of dangerous trees and hanging limbs from rights-of-way, parks, Airlie Gardens, Arboretum, and designated public property within the unincorporated limits of New Hanover County in case of an emergency situation. The advantage of having a preposition contract in place is rapid response and recovery in the event of a disaster and consistent pricing. A bid opening was held on April 22, 2008. Bamaco, Inc., of Bunnell, Florida, was found to be the lowest bidder and Asplunh Environmental Services, Inc., was found to be the second lowest bidder. Staff recommends adopting a resolution awarding contract 08-0471A to Bamaco, Inc., as primary contractor and contract 08-0471B to Asplundh Environmental Services as secondary contractor. Having a primary and secondary contract will ensure a quick recovery should a problem develop with the primary contractor or should the magnitude of the event require additional assistance. The preposition contract will be in effect from the date of execution until June 30, 2009. This is a dormant contract until activated. The County is not obligated to pay the contractor for any service unless a Notice to Proceed is issued. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution awarding contracts for dangerous tree and hanging limb removal and disposal in case of emergency. 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 13.5. ADOPTION OF RESOLUTION AWARDING CONTRACTS FOR VEGETATIVE AND DEBRIS REMOVAL AND DISPOSAL IN CASE OF EMERGENCY Environmental Management Director John Hubbard reported that in an effort to provide the timely recovery from a natural or man-made disaster, the Department of Environmental Management has requested bids to have a primary and secondary preposition contract in place to remove debris in the event such a disaster occurs. A Scope of Services, upon activation of the contract by New Hanover County, requires that the contractor remove vegetative and construction and demolition debris from the public right-of-way to designated permitted disposal facilities. The advantage of having preposition contracts in place is rapid response and recovery in the event of a disaster. Beginning with the new fiscal year, FY 2008-2009, at the suggestion of FEMA, staff elected to award a primary and a secondary contract for debris removal. This will help ensure a quick recovery should a problem develop with the primary contractor or should the magnitude of the event require additional assistance. The preposition contract will be active from the date of execution until June 30, 2009. This is a dormant contract until activated. The County is not obliged to pay the contractor for any service unless a Notice to Proceed is issued. A bid opening was held on April 22, 2008. Asplundh Environmental Services, Inc. is considered the overall lowest bidder since it is the lowest in vegetative debris removal (the majority of debris in Category 1 through 3 hurricanes) and second lowest for either a Category 4 or 5 event. The next overall lowest bidder is DRC Emergency Services, LLC, who is second lowest for Category 1 through 3 hurricanes and first place overall for Category 4 and 5 hurricanes. Staff recommends adopting a resolution awarding contract 08-0470A to Asplundh Environmental Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 405 as primary contractor and contract 08-0470B to DRC Emergency Services as secondary contractor. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution awarding contracts for vegetative and debris removal and disposal in case of emergency. 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 13.6. COMMITTEE APPOINTMENTS Appointment to the ABC Board Chairman Greer reported that one vacancy needs to be filled on the ABC Board with one applicant eligible for reappointment and one new application having been received for consideration. Chairman Greer reported that a chairman also needs to be appointed and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Charles C. Wells to serve a three year term on the ABC Board with the term to expire June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Charles C. Wells to serve as chairman of the ABC Board with the term to expire June 30, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to Airlie Gardens Foundation, Inc. Board of Directors Chairman Greer reported two vacancies need to be filled on the Airlie Gardens Foundation, Inc. Board of Directors with two applicants eligible for reappointment and three new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to reappoint Hannah Holt and Robert W. Martenis to serve three year terms on the Airlie Gardens Foundation, Inc. Board of Directors with the terms to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to Airport Authority Chairman Greer reported that one vacancy needs to be filled on the Airport Authority with one applicant eligible for reappointment and ten new applications having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Robert S. Rippy to serve a four year term on the Airport Authority with the term to expire July 1, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Community College Board of Trustees Chairman Greer reported that a vacancy needs to be filled on the Cape Fear Community College Board of Trustees with one applicant eligible for reappointment and two new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to reappoint Kenneth J. McGee to a four year term on the Cape Fear Community College Board of Trustees with the term to expire June 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Museum Advisory Board Chairman Greer reported five vacancies need to be filled on the Cape Fear Museum Advisory Board with five applicants eligible for reappointment and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Linda Fallon Chapman, Dean R. Gattone, Dawn Rowe McKernan, Jack H. Mills, and William H Terrell to serve three year terms on the Cape Fear Museum Advisory Board with the terms to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Public Utility Authority Chairman Greer reported two vacancies (one regular appointment; one joint City of Wilmington appointment) need to be filled on the Cape Fear Public Utility Authority with one applicant eligible for reappointment and four new applications having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to reappoint Burrows G. Smith to serve a three year term on the Cape Fear Public Utility Authority with the term to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 406 Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to recommend Jim Hunter to serve a three year term, as the joint appointee with the City of Wilmington, on the Cape Fear Public Utility Authority with the term to expire on June 30, 2011. Motion: Commissioner Pritchett MOVED to appoint Richard C. Buggein to serve a three year term, as the joint appointee with the City of Wilmington, on the Cape Fear Public Utility Authority with the term to expire on June 30, 2011. No second was received. Chairman Greer called for a vote on the nomination of Jim Hunter. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Council Chairman Greer reported three vacancies need to be filled on the Cooperative Extension Advisory Council with one new application having been received for consideration and requested nominations from the Board. Commissioner Davis reported that the application that was received was from his son Ted Davis III and requested to be excused from the nominations. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Ted Davis III to serve a three year term on the Cooperative Extension Advisory Board with the term to expire on May 31, 2011. Upon vote, the MOTION CARRIED 4 TO 0. Appointments to the Board of Fire Commissioners Chairman Greer reported four vacancies (two in the At-large Community Representatives category and two in the At-large Volunteer Fire Department Representatives category) need to be filled on the Board of Fire Commissioners with two applicants eligible for reappointment and three new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Diane P. Doliber to serve a three year term in the At-large Community Representative category on the Board of Fire Commissioners with the term to expire on July 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Harry B. Simmons to serve a three year term in the At-large Community Representative category on the Board of Fire Commissioners with the term to expire on July 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Alex B. Stanland to serve a three year term in the At-large Volunteer Fire Department Representative category on the Board of Fire Commissioners with the term to expire on July 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Gary Waters to serve a three year term in the At-large Volunteer Fire Department Representative category on the Board of Fire Commissioners with the term to expire on July 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Greer reported two vacancies need to be filled on the Nursing Home Community Advisory Committee with two applicants eligible for reappointment and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to reappoint Julie Brewer and Patricia Lawler to serve three year terms on the Nursing Home Community Advisory Committee with the terms to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Parks and Recreation Advisory Board Chairman Greer reported two vacancies need to be filled on the Parks and Recreation Advisory Board with two applicants eligible for reappointment with eight new applications having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to reappoint Connie H. Branch and John M. Coble to serve three year terms on the Parks and Recreation Advisory Board with the terms to expire on June 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Board of Social Services Chairman Greer reported that a vacancy needs to be filled on the Board of Social Services with three new applications having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to appoint Patrick G. Riley to serve a three year term on the Board of Social Services with the term to expire June 30, 2011. Motion: Commissioner Pritchett MOVED to appoint Joe Miller to serve a three year term on the Board of Social Services with the term to expire June 30, 2011. No second was received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 16, 2008 PAGE 407 Chairman Greer called for a vote on the nomination of Patrick G. Riley. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Tourism Development Authority Chairman Greer reported that an unexpired vacancy needs to be filled in the Restaurant Owner/Manager category on the Tourism Development Authority with one new application having been received for consideration and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint John W. Andrews, Jr. to the Tourism Development Authority to fill the unexpired vacancy in the Restaurant Owner/Manager category with the term to expire on December 31, 2009. 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 10:34 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 10:53 a.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. No items were presented. ADDITIONAL ITEMS APPROVAL TO ADJOURN THE 2008 BOARD OF EQUALIZATION AND REVIEW TAX APPEAL PERIOD Tax Administrator Roger Kelley reported that the time to file a tax appeal for 2008 ends at 5:00 p.m. today. Staff is requesting the Board agree to adjourn the 2008 Board of Equalization and Review effective June 16, 2008 at 5:00 p.m. for the purpose of filing a tax appeal. Motion: Commissioner Kopp, MOVED, SECONDED by Vice-Chairman Caster to adjourn the 2008 Board of Equalization and Review effective June 16, 2008 at 5:00 p.m. for the purpose of filing a tax appeal. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION OF HANNAH D. GAGE AS CHAIRWOMAN OF THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS Commissioner Pritchett reported that Wilmington native Hannah D. Gage has been appointed as the Chairwoman of the University of North Carolina Board of Governors. RALPH HODGE CONSTRUCTION SETTLEMENT County Attorney Wanda M. Copley reported that the New Hanover County Water & Sewer District has settled a lawsuit with Ralph Hodge Construction Company concerning the installation of the Middle Sound sewer system. The settlement agreement provides for the release by the District of retained fees in the amount of $343,984.93 that were held from Ralph Hodge Construction. Of these fees, $308,632.06 will be paid by the Water and Sewer District and $35,352.87 will be paid by McKim and Creed, P.A. A copy of the settlement agreement will be made a part of the minutes of this meeting. A copy of the settlement agreement is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 13.7. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11:00 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board