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2008-08-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 442 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 18, 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 Rabbi S. Robert Waxman, B?nai Israel Synagogue, 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 Pritchett, 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: Agenda Review meeting held on July 31, 2008 Regular Session meeting held on August 4, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted North Carolina Department of Transportation State Road Resolution supporting the addition of Seabuoy Circle, Crosswinds Drive, Out Island Drive, Down Rigger Drive, Mako Drive and Neelys Circle in Crosswinds Subdivision in New Hanover County (Division File No. 1113-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 17.1. Adoption of Resolution to Appoint Map Review Officers ? Planning Department The Commissioners, as authorized by NC General Statute 47-30.2, adopted the resolution appointing the following persons as Map Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds: Derek Pielech, City Project Engineer Joey W. Taylor, P.L.S., City Surveyor Ted Anderson, City Staff Engineer Robert L. Harris, County Planning Specialist A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 17.2. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports ? Tax Department The Commissioners accepted the following Tax Collection Reports as of July 31, 2008. New Hanover County Fire District New Hanover County Copies of the tax collection reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXI, Page 17.3. Approval of Release of Tax Value ? Tax Department The Commissioners approved the requests from the following taxpayers for the Senior Citizen/Disability Exclusion: Fisher, Christine A. $204,328 Stanley, Betty M. Trustee $118,086 Turner, Marjorie Dennis $ 75,098 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 443 The Commissioners approved the delinquent application for exemption from property tax for the following organization: Ephesus SDA Church R05410-006-003-000 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 09-007 - Finance 09-015 - Finance 09-012 - Health 09-014 - Sheriff's Office 2009-05 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXI, Page 17.4. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following retired employees to step forward to receive retirement plaque: Hugh Mohr, Parks Department - 17 Years of Service William Register, Sheriff's Office - 22 Years of Service Ruth Roethlinger, Health Department - 22 Years of Service On behalf of the Board, Chairman Greer expressed appreciation and thanked them for their dedicated 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: Glenda Debose-Mathews, Juvenile Day Treatment Center William Fillyaw, Juvenile Day Treatment Center David Heath, Fire Services Kimberly Irvin, Sheriff?s Office Richard Johnson, Parks Department Timothy Pless, Parks Department Ten Year: Brian Bocnuk, Department of Social Services Darryl Canty, Sheriff?s Office Debbie Grymes, Finance Mildred Lincoln, Health Department Chawana Moore, Sheriff?s Office Keith Studt, Health Department Carolyn Walker, Department of Social Services Fifteen Year: Jeanie Martindale, Department of Social Services Jerry May, Engineering Lawrence Miller, Sheriff?s Office Marilyn Roberts, Health Department Beau Simcoe, Library Octavia Spicer, Department of Social Services Twenty Year: Kemp Burpeau, Legal Department Peggy Foose, Department of Social Services Lawanda Granger, Department of Social Services Angela Lewis, Department of Social Services David Wittenberg, Property Management Twenty-Five Year: Loretta Murphy, Department of Social Services Audrey Burgess, Property Management Stephen Jones, Sheriff?s Office 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 444 Norma Escobar ? Health Department Pamela High ? Health Department Sharon Metcalfe ? Health Department On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF PROCLAMATION DECLARING AUGUST 20-23, 2008 AS ?TRINITY CHILDREN CHARITY DAYS IN NEW HANOVER COUNTY ? Chairman Greer reported that Lori Harris, Trinity Charity Ride Chairperson, has requested that the Board proclaim August 20 ? 23, 2008 as ?Trinity Children Charity Days? in New Hanover County. Commissioner Pritchett read the proclamation into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation Trinity Children Charity Days? declaring August 20-23, 2008 as ? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Doris W. Eakes, Founder and President of Trinity Children Foundation, received the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 17.5. ADOPTION OF RESOLUTION INTRODUCING THE BOND ORDER AUTHORIZING THE ISSUANCE OF $164,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS AND ADOPTION OF RESOLUTION AUTHORIZING THE PUBLIC HEARING ON SAID BOND ORDER AND ADOPTION OF RESOLUTION AUTHORIZING ABSENTEE BALLOTS FOR BOND INDEBTEDNESS Chairman Greer reported that before the Board is a Bond Order authorizing the issuance of $164,000,000 General Obligation Community College Bonds. The Board of Commissioners has determined that it is necessary to provide facilities for Cape Fear Community College, including the construction and renovation of buildings for classrooms, laboratories, training facilities, administrative offices and the provision of related parking facilities, and including the acquisition and installation of furnishings and equipment and the acquisition of land to pay capital costs of such improvements. The County has filed an application with the Local Government Commission for commission approval of the bonds and the Secretary of the Local Government Commission has notified the Board of Commissioners that the application has been filed and accepted for submission to the Local Government Commission. Now, therefore, be it ordered by the New Hanover County Board of Commissioners as follows: (1) In order to raise the money required to pay capital costs of providing the improvements described, bonds of the County of New Hanover are hereby authorized and shall be issued. The maximum aggregate principal amount of said bonds authorized by this order shall be $164,000,000. (2) A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. (3) A sworn statement of the County?s debt has been filed with the Clerk to the Board of Commissioners and is open to public inspection. (4) The bond order shall take effect when approved by the voters of the County as a referendum. Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution entitled ?Bond Order Authorizing the Issuance of $164,000,000 General Obligation Community College Bonds of the County of New Hanover.? Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the bond ordered entitled ?Bond Order Authorizing the Issuance of $164,000,000 General Obligation Community College Bonds of the County of New Hanover,? has been introduced today, August 18, 2008 and the Board desires to hold a public hearing on the bond order and the submission of a statement of debt connected therewith; Now therefore, be it resolved by the Board of Commissioners of New Hanover County as follows: (1) The public hearing upon said bond order shall be held on September 2, 2008 at 6:00 p.m., Room 301 of the New Hanover County Historic Courthouse, 24 North Third Street, Wilmington, North Carolina. (2) The Clerk to the Board of Commissioners is directed to publish a copy of the bond order with a notice of the public hearing in a qualified newspaper no fewer than six days prior to the public hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 445 (3) The County Finance Officer is directed to file with the County Clerk, prior to publication of the bond order with the notice of the public hearing, a statement setting for the debt to be incurred, the assessed value of the property subject to taxation by the County and the net debt of the County. Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution entitled ?Resolution to Hold Public Hearing and File Statement of Debt for Cape Fear Community College.? Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that before the Board is a Resolution to allow for absentee voting on the bond order authorizing the issuance of $164,000,000 General Obligation Community College Bonds. The Resolution reads as follows: Whereas, the Board of Commissioners wishes to provide for absentee voting for the November 4, 2008 election and to provide that notice of the availability of absentee ballots be given timely to voters in the county. Now therefore, be it resolved by the New Hanover County Board of Commissioners as follows: (1) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove: a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County?s faith and credit; b) the levy of a tax for the payment thereof; and c) said bond order, when adopted, shall be submitted to the qualified voters of the County at an election to be held on November 4, 2008. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish on or about September 3, 2008 a notice that absentee ballots will be available for use at said election. (3) The New Hanover County Board of Elections is hereby requested to print and distribute the necessary absentee ballots. Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution entitled ?Resolution Providing for Absentee Voting.? Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 17.6. APPROVAL TO ENACT REPEAL OF THE APPROPRIATE SECTIONS OF CHAPTER 56, UTILITIES AND APPENDIX B OF THE NEW HANOVER CODE OF ORDINANCES RELATING TO WATER AND SEWER AND AUTHORIZATION FOR THE RE-CODIFICATION OF THE ORDINANCE Deputy County Attorney Kemp Burpeau reported that with the transfer of water and sewer utilities to the Cape Fear Public Utility Authority, the majority of Chapter 56, Utilities, is no longer effective as well as the fees in Appendix B relating to water and sewer. The only portion of Chapter 56 to be retained addresses well drilling in Flemington near the former landfill. Those well provisions will be re-codified in Chapter 23, Environment. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve repealing of the appropriate sections of Chapter 56, Utilities and Appendix B relating to water and sewer that are no longer in effect since the transfer of assets to the Cape Fear Public Utility Authority and authorize the re-codification of the ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 17.7. The ordinance will be codified into the New Hanover County Code. ADMINISTRATION OF OATH OF OFFICE FOR COLLECTOR OF REVENUE MARION D. HARRELL, ACCEPTANCE OF THE 2007 COLLECTION SETTLEMENT REPORTS AND AUTHORIZED THE CHARGE OF THE 2008 TAX LEVY Chairman Greer reported that the Board is being requested to appoint Marion D. Harrell as Collector of Revenue for a term of two years, from August 18, 2008 ? August 18, 2010, accept the 2007 Collection Settlement Reports and authorize the Charge of the 2008 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349 and requested direction from the Board. Ms. Harrell presented the 2007 Collection Settlement Reports highlighting that the overall combined collection rate for 2007 is 98.26% or $136,794,279. The collection rate for 2007 for the Fire District is 98.20% or $5,982,476. Ms. Harrell introduced staff that was present and thanked them for their support and assistance. She thanked the Board for giving her this opportunity and introduced her son Brandon. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 446 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Marion D. Harrell as Collector of Revenue for a term of two years, from August 18, 2008 ? August 18, 2010, accept the 2007 Collection Settlement Reports and authorize the Charge of the 2008 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer administered the Oath of Office to Marion D. Harrell, Collector of Revenue. A copy of the oath of office and charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 17.8. ADMINISTRATION OF OATH OF OFFICE FOR TAX ADMINISTRATOR ROGER L. KELLEY Chairman Greer reported that the Board is being requested to reappoint Roger L. Kelley as Tax Administrator for a term of two years from August 18, 2008 ? August 18, 2010 as required by North Carolina General Statute 105-294. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Roger L. Kelley as Tax Administrator for a term of two years from August 18, 2008 ? August 18, 2010 as required by North Carolina General Statute 105-294. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer administered the Oath of Office to Roger L. Kelley, Tax Administrator. Tax Administrator Kelley thanked the Board for giving him this opportunity. A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 17.9. COMMITTEE APPOINTMENTS Appointment to the Cooperative Extension Advisory Council Chairman Greer reported two 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. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Jewell Hobbs 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 UNANIMOUSLY. Appointments to the Library Advisory Board Chairman Greer reported four vacancies need to be filled on the Library Advisory Board 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 Jacqueline O?Grady to serve a three year term on the Library Advisory Board with the term to expire on August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Kemp Magnus Burdette to serve a three year term on the Library Advisory Board with the term to expire on August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to appoint Richard C. Andrews, Jr. to serve a three year term on the Library Advisory Board with the term to expire August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Marilyn McConnell to serve a three year term on the Library Advisory Board with the term to expire August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Greer reported vacancies need to be filled on the Nursing Home Community Advisory Committee with one applicant eligible for reappointment and two new applications having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Denise L. Shuart to serve a three year term on the Nursing Home Community Advisory Committee with the term to expire on August 31, 2011, and to appoint John Charles Stevens and Doris L. Walters to serve one year terms on the Nursing Home Community Advisory Committee with the terms to expire on August 31, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Risk Management Advisory Committee Chairman Greer reported that two vacancies need to be filled on the Risk Management Advisory Committee. One applicant has served two terms and is interested in reappointment to a third term and one new application has been received for consideration. Chairman Greer requested nominations from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 18, 2008 PAGE 447 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Walker Taylor, IV and appoint Deborah D. Watts to serve three year terms on the Risk Management Advisory Committee with the terms to expire on September 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. SOLID WASTE ADVISORY BOARD APPOINTMENTS Chairman Greer reported that the Board voted to establish a Solid Waste Advisory Board at the August 4, 2008 meeting. The Board determined that each Commissioner would appoint one member. The following appointments were made by the Commissioners: Chairman Greer appointed David Sims. Vice-Chairman Caster appointed Robert (Bob) W. Mitchell. Commissioner Davis appointed Martin J. Michaelson Commissioner Kopp appointed John Richard Newton. Commissioner Pritchett appointed Claud (Buck) O?Shields, Jr. 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 The following additional items were presented: ? County Manager Bruce Shell reported that a contract is now in place with Coastal Planning and Engineering of North Carolina for DNA water sampling of Pages Creek. Tests results will be presented to the Board as soon as possible. ? Vice-Chairman Caster reported that the Convention Center project is on schedule. ? Commissioner Davis stated that he has requested that an ordinance prohibiting registered sex offenders from entering County parks to be placed on the September 2, 2008 meeting agenda for the Board?s consideration. ? Chairman Greer announced that Saturday, August 23, 2008, Commissioner Kopp will be sworn in as President of the North Carolina Association of County Commissioners. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:05 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board