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2010-09-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 45 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 20, 2010, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,N.C. Members present were: Chairman Jason R. Thompson: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Robert G. Greer: Commissioner William A. Caster: Commissioner Ted Davis, Jr.: County Attornev Wanda M. Copley: Clerk to the Board Sheila L. Schult;and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Hem-y Gregory, St. Andrew A.M.E.Zion Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove an item from the Consent Agenda for questions or discussion. Hearing no comments, Chairman Thompson requested direction from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Bode The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on September 2, 2010 Regular Session meeting held on September 7,2010 Approval of Electronic Records System Police for New Hanover County Government Records—Information Technology The Commissioners approved the Electronic Records System Policy for New Hanover County Records. This policy will be used in addition to the 2006 Records Retention and Disposition Schedule approved by the Board on June 7, 2010. This policy will be re-evaluated at least every five years and updated as required. After approval, the North Carolina Division of Archives and Histoiv will be sent a copy of the policy. Approval of Amendment to the Public Safety Communications Center Policy Board By-Laws— Emergency Management The Commissioners approved the amendment to the Public Safety Communications Center(PSCC)Policy Board by-laws changing the meeting schedule from monthly to quarterly. The PSCC Board approved the motion to change their meeting schedule at their August 2010 meeting. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-052 - Sheriffs Office 11-055 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 19.1. 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: Roderick Brown,Property Management Laurie Dunn,Health Department Jay Edwards,Health Department Courtney Parker,Health Department Stephen Simms,Information Technology Ten Year: Tiffany Allen,Legal Department Heather Hall,Libraiv Paige Owens,Library Mary Rubright,Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 46 Fifteen Year: Cynthia Grindstaff,Department of Social Sei ices Steven Shoat Planning and Inspections Department Twenty Year: Christopher O'Keefe,Planning and Inspections Department Rhonda Smith, Sheriff's Office Twenty-Five Year: Gloria Bowden,Department of Social Sei ices Thirty Year: Denise Lewis,Register of Deeds Andre Mallette, County Manager's Office On behalf of the Board, Chairman Thompson presented a sei ice award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees, hired in June and July 2010, to stand and be introduced: Julia Brown,Department of Social Sei ices Shaquita Canty,Department of Social Sei ices Marquita Holmes,Health Department Kristin Neal,Health Department Kimberly Rockwell,Department of Social Sei ices Shannon Tully,Health Department Alison White,Health Department On behalf of the Board, Chairman Thompson welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF RESOLUTION APPROVING THE 2010 NEW HANOVER COUNTY MULTI- JURISDICTIONAL HAZARD MITIGATION PLAN Emergency Management & 911 Communications Director Warren Lee presented the request for the Board's consideration to adopt the resolution adopting the 2010 New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. The Disaster Mitigation Act of 2000 and North Carolina Senate Bill 300 require local govermnents in North Carolina to have an approved Hazard Mitigation Plan in order to receive assistance finds after a disaster. New Hanover County has an approved Multi-Jurisdictional Hazard Mitigation Plan which has been completed in coordination with the Town of Kure Beach, Town of Carolina Beach and City of Wilmington, state and local officials and stakeholders. The plan must be updated every five years. The N.C. Division of Emergency Management and FEMA have reviewed the County's plan for legislative compliance and have approved the plan pending adoption by each of the four jurisdictions. The Town of Wrightsville Beach and the University of North Carolina at Wilmington have their own independent hazard mitigation plans. Chairman Thompson requested a motion from the Board to adopt the resolution adopting the 2010 New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution approving the 2010 New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated at a part of the minutes and contained in Exhibit Book XXXIII, Page 19.2. A copy of the 2010 New Hanover County Multi-Jurisdictional Hazard Mitigation Plan is available for review in the Emergency Management Department and Planning and Inspections Department. ADOPTION OF PROCLAMATIONS DECLARING SEPTEMBER 25, 2010 AS BIG SWEEP DAY AND SEPTEMBER 18,2010—OCTOBER 2,2010 AS FALL LITTER SWEEP IN NEW HANOVER COUNTY New Hanover County Keep America Beautiful Coordinator Jennifer O'Keefe presented the request for the Board's consideration to declare September 25, 2010 as Big Sweep Day and September 18, 2010—October 2, 2010 as Fall Litter Sweep in New Hanover County and was present to receive the proclamations. Commissioner Caster read the Big Sweep Day proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation declaring September 25, 2010 as Big Sweep Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster read the Fall Litter Sweep proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the proclamation declaring September 18, 2010 — October 2, 2010 as Fall Litter Sweep in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 47 Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 19.3. PUBLIC HEARING AND APPROVAL TO SUBMIT THE 2010 NORTH CAROLINA COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC RECOVERY PROGRAM GRANT APPLICATION Vice-Chairman Barfield presented the request for the Board's consideration to approve the submission of the 2010 North Carolina Community Development Block Grant Economic Recovery program grant application. Vice-Chairman Barfield requested a motion to open the Public Hearing to receive comments concerning the submission of a 2010 North Carolina Community Development Grant Economic Recovery program application in the amount of$500,000. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to open the Public Hearing to receive comments concerning the submission of a 2010 North Carolina Community Development Grant Economic Recovery program application in the amount of$500,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Community Development Planner Wanda Coston reported that in accordance with the North Carolina Community Development Grant Economic Recovery program requirements, a public hearing must be held during the application process. New Hanover County will be applying for fiords in the amount of$500,000. The fiords will be used to provide three replacement houses and also include demolition and clearance, temporary relocation assistance, rehabilitation of two houses, planning and administration. The five potential beneficiaries are all very low-income homeowners that reside in the unincorporated county. The application deadline is Thursday, September 30,2010. These are stimulus fiords. Hearing no public comments, Vice-Chairman Barfield closed the Public Hearing and called for a motion to authorize the Chairman to sign the 2010 North Carolina Community Development Grant Economic Recovery program application in the amount of$500,000. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve the submission of the 2010 North Carolina Community Development Grant Economic Recovery program application in the amount of$500,000 and authorize the Chairman to sign the appropriate documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the application is available for review in the Planning Department. PUBLIC HEARING AND ADOPTION OF RESOLUTION FOR THE APPROVAL IN PRINCIPLE OF THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY RECOVERY ZONE FACILITY BOND (WILBARA,LLC PROJECT) SERIES 2010 Chairman Thompson reported that before the Board is a resolution for the approval, in principal, of a special purpose project for Wilbara,LLC and the financing thereof with recovery zone facility bonds in the principal amount of up to$14,000,000. Attorneys Edward King and Reed Dulany, on behalf of Wilbara LLC, presented the request on behalf of the New Hanover County Industrial Facilities and Pollution Control Financing Authority to issue $14,000,000 Recovery Zone Facility Bonds. The proceeds of the Bonds will be loaned to Wilbara L.L.0 to finance a new sulfuric acid manufacturing facility. The Bonds qualify as "recovery zone facility bonds" under the American Recovery and Reinvestment Act of 2009. The Borrower will be solely responsible for repayment of the Bonds with no liability to the County or the New Hanover County Industrial Facilities and Pollution Control Financing Authority. There being no public comments, Chairman Thompson requested a motion to adopt the resolution for the approval in principle of the New Hanover County Industrial Facilities and Pollution Control Financing Authority proposal Recovery Zone Facility Bonds. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution for the approval in principle of the New Hanover County Industrial Facilities and Pollution Control Financing Authority proposal Recovery Zone Facility Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXIII,Page 19.4. NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY ANNUAL UPDATE Chairman of the New Hanover County Industrial Facilities and Pollution Control Financing Authority R. Hill Rogers reported that the functions of the Authority are: • To assist in the financing of industrial manufacturing facilities for the purposes of providing employment and increasing below average manufacturing wages by financing industrial and manufacturing facilities through the issuance and sale of tax free revenue bonds. • To provide tax free revenue bonds for established industries that are in need of modernization in order to meet the pollution control requirements of the country, state, county and city. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 48 The Authority meets once a year to elect officers. The recent activity involving the Board of Commissioners is a result of Recovery Zone Facilit-v Bonds created by the American Recovery and Reinvestment Act. The Borrower will be solely responsible for the repayment of the Bonds with neither the County nor the Authority liable for repayment of the Bonds. ACCEPTANCE OF COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT AND MEMBERSHIP LIST Chairperson of the Community Child Protection Team Elizabeth Mandel, New Hanover County Department of Social Sei ices Director LaVaughm Nesmith and Assistant Director Wanda Marino presented the Community Child Protection Team Annual Report. The Community Child Protection Team was established in compliance with North Carolina General Statute to promote a community-wide approach to the problem of child abuse and neglect. The team is composed of agency representatives, child advocates, and citizens at-large who take action to identify and address gaps or deficiencies in sei ices and resources through several avenues. The following major gaps/needs in the sei ice area to children have been identified: • An inadequate number of local therapeutic foster homes equipped to meet the serious emotional and behavioral health needs of children in out of home care as well as an insufficient number of local foster homes trained and available to care for medically fragile children. • The decrease in the quality of mental health sei ices for children has resulted in inaccessible sei ices or sei ices that do not meet the needs of children and families. • Sufficient fimding is lacking to provide quality childcare sei ices subsidy assistance to income-eligible families struggling to stay employed or complete education goals. • Due to concerns that too many child fatalities are classified as Sudden Infant Death Syndrome(SIDS) by a medical examiner before a thorough investigation of each death, including an appropriate autopsy the team continues to advocate for all children who have an undetermined and/or questionable death to receive an autopsy performed by a pediatric pathologist. • The loss of preventative sei ices in New Hanover County. The suggested list of members is as follows: Lisa Savitts—Sheriffs Office Teresa Fountain—Wrightsville Beach Police Department Elizabeth Mandel—Child Advocacy and Parenting Place Exchange Club Center Judge Jay Corpening—Chief District Court Judge Marti Arm Lama—Domestic Violence Shelter and Sei ices,Inc. Robert Speight—Department of Juvenile Justice Diana Woolley—Citizen-at-large In response to Board questions, Director Nesmith reported that childcare is a State responsibility with fimding down from $12 million to $7.8 million. The State also continues to mandate that Counties implement the Foster Care program but fimding from the State is down to one-third of the amount needed: fimding for mental health sei ices is also a great need. The Board held discussion concerning the need for increased State fimding for mental health sei ices and childcare sei ices and the need to work with our local legislators and members of the General Assembly. Chairman Thompson requested specific information on the five areas of need that were presented directing staff to send him the back-up data for each area of need to share with our legislators. Hearing no firrther questions, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to accept the Community Child Protection Team Annual Report and approve the list of names to be appointed as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A complete copy of the report is available for review in the Department of Social Sei ices. APPROVAL OF REQUEST BY WAVE/CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY FOR A COUNTY CONTRIBUTION IN THE AMOUNT OF 580,227 FOR A TRANSFER AND ADMINISTRATION FACILITY AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-053 Vice-Chairman Barfield presented the request for the Board's consideration on behalf of WAVE/Cape Fear Public Transportation Authority for a local match in the amount of$80,227 for a transfer and administration facility. In FY04-05, the Board approved the allocation of fiords in the amount of $177,000 toward a multipurpose bus transfer operations and maintenance facility. Due to delays in the project, the fimding was carried over for a number of years and the fiords were finally returned to New Hanover County fiord balance. The building is currently under construction and the Authority is now requesting that $80,227 of the $177,000 be allocated from the County. The County Manager recommends approval of the request and the adoption of the related Budget Ordinance Amendment 11-053. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 49 In response to Board questions, Vice-Chairman Barfield, who also seines as the Commissioner Designee on the WAVE/Cape Fear Public Transportation Authority, responded that to his knowledge there would not be fiarther requests for finding. Hearing no fiarther questions, Vice-Chairman Barfield requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve allocating the amount of$80,227 to WAVE/Cape Fear Public Transportation Authority toward the construction of the transfer and administration facility and adoption of Budget Ordinance Amendment 11-053. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXIII,Page 19.5. APPROVAL OF BEACH NOURISHMENT CONTRACT WITH COASTAL PLANNING AND ENGINEERING OF NORTH CAROLINA,INC. County Engineer Jim Iarmucci presented the request for the Board's consideration to approve contracting with Coastal Planning&Engineering of North Carolina, Inc. to evaluate the County beach erosion control program and prepare a Permit Contingency Plan for New Hanover County in the amount of$86,890. Staff has negotiated a contract with Coastal Planning&Engineering of North Carolina, Inc. (CPE-NC)that will evaluate Federal and State permitting requirements required to allow the county to either supplement periodic nourishment of its three federal storm damage reduction projects in the event of Federal finding shortfalls or undertake the entire periodic nourishment efforts using non-Federal fiords in the event Federal authorization ends. The Permit Contingency Plan will give the County a better understanding of possible permitting and finding options. This proactive approach will better prepare the County to address beach re-nourishment projects in the event that Federal finding is not available or is inadequate to complete the work. The plan will include the benefits and risks associated with assuming partial or complete financial responsibility for these shoreline protection projects. Staff requests that the County Commissioners approve contracting with Coastal Planning and Engineering of North Carolina, Inc. to prepare the permit contingency plan in the amount of$86,890 with the finding allocated from the Room Occupancy Tax fiord/beach renourishnnent fiord. In response to Board questions, Mr. Ianmucci clarified that the original contract amount of$92,000 was reviewed with changes and adjustments being made to the new contract amount of$86,890. The dredging option was eliminated because it was not feasible and the scope of the Carolina Beach project was expanded and included in Task One. Vice-Chairman Barfield requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve contracting with Coastal Planning and Engineering of North Carolina, Inc. to prepare the permit contingency plan in the amount of $86,890. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. COMMITTEE APPOINTMENTS Appointments to the Board of Fire Commissioners Chairman Thompson reported that up to five vacancies need to be filled on the Board of Fire Commissioners with one applicant eligible for reappointment and four applications available for Board consideration. Due to the impending consolidation of Fire Seivices anticipated for October 1, 2010, Chairman Thompson offered the following motion. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to consider the appointments to the Board of Fire Commissioners at the Board's October 18, 2010 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Mechanical Examiners Chairman Thompson reported that vacancies exist on the Board of Mechanical Examiners with three applicants eligible for reappointment. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to reappointment Thomas L. Crittenden, Jr., Ray McClory, and Susan D. Nance to the Board of Mechanical Examiners with the terms to expire on August 31,2012. Upon vote, the MOTION CARRIED UNANIOUSLY. Appointment to the Criminal Justice Partnership Advisory Board Chairman Thompson reported that one vacancy exists on the Criminal Justice Partnership Advismy Board with one application available for Board consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 50 Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to appoint Mike Maume to seine a three-year term in the At-Large category on the Criminal Justice Partnership Ads-ismy Board with the term to expire on September 30,2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Crime Prevention Council Chairman Thompson reported that vacancies exist on the Juvenile Crime Prevention Council with one applicant eligible for reappointment and three applications available for Board consideration. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to reappoint Joe Miller in the Business Community category and appoint Charlotte Noel Fox in the Juvenile Defense Attorney category, Jake Hunt in the At-large category, and Tanya Bell Millhouse in the Faith Community category to seine rivo-year terms on the Juvenile Crime Prevention Council with the terms to expire on September 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Risk Management Advisory Committee Chairman Thompson reported that rivo vacancies exist on the Risk Management Advisory Committee with one applicant eligible for reappointment and one application available for Board consideration. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to reappoint Ronald H. Woodruff and appoint Richard E. Beebee to seine three-year terms on the Risk Management Advisory Committee with the terms to expire on September 1,2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Youth Empowerment Services Advisory Board Chairman Thompson reported that one vacancy of an unexpired term exists on the Youth Empowerment Sei ices Advisory Board with two applications available for Board consideration. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to appoint Nicholas Silivanch to seine the unexpired term on the Youth Empowerment Sei ices Advisory Board with the term to expire on April 30,2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Thompson reported that five vacancies exist on the New Hanover Regional Medical Center Board of Trustees with two applicants eligible for reappointment and fourteen applications available for Board consideration. The Board has received a letter signed by New Hanover Regional Medical Center Board of Trustees Chairman David B. Sims, on behalf of their nominating committee, recommending the reappointments of Carl Brown and Ron Isyk and the appointment of Virginia Adams,Robert G. Greer and Gayle Van Velsor. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Greer, to reappoint Carl D. Brown and Ronald J. Isyk and Virginia Adams and Gayle Price Van Velsor to seine three-year terms on the New Hanover Regional Medical Center Board of Trustees with the terms to expire on September 30, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis led the discussion concerning the appointment of Commissioner Robert G. Greer to seine the unexpired term on the New Hanover Regional Medical Center Board of Trustees in the At-large category, effective December 6, 2010, with the term to expire on September 30, 2012 and appoint Vice-Chairman Jonathan Barfield in the County Commissioner Representative category, effective December 6, 2010, on the New Hanover Regional Medical Center Board of Trustees. In response to Board questions, County Attorney Copley responded that the New Hanover Regional Medical Center Board of Trustees' by-laws prohibit rivo elected officials from seising on the Board of Trustees at the same time. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Davis, to approve Commissioner Greer continuing to seine in the County Commissioner Representative category on the New Hanover Regional Medical Center Board of Trustees until December 6,2010 at which time to be appointed to seine in the At-large category and effective December 6, 2010, to appoint Vice-Chairman Barfield to seine in the County Commissioner Representative category on the New Hanover Regional Medical Center Board of Trustees. Commissioner Greer requested the Board recuse him from the vote on the introduced motion as it pertains to his appointment on the New Hanover Regional Medical Center Board of Trustees. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to recuse Commissioner Greer from voting on the motion as it pertains to his appointment on the New Hanover Regional Medical Center Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. After brief Board discussion concerning the need to appoint someone to fill the unexpired term, Chairman Thompson offered the following amended motion and called for a vote. Amended Motion: Chairman Thompson MOVED, SECONDED by Commissioner Davis, to approve Commissioner Greer seising in the County Commissioner Representative category on the New Hanover Regional Medical Center Board of Trustees until December 6, 2010 at which time to be appointed to seine in the At-large NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 20,2010 PAGE 51 categmy and effective December 6, 2010, to appoint Vice-Chairman Barfield to seine in the County Commissioner Representative category on the New Hanover Regional Medical Center Board of Trustees. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Caster voted in opposition. Attorney Copley advised the Board that Commissioner Greer could not be recused from voting on the appointment of Vice-Chairman Barfield. Chairman Thompson offered the following motion to reconsider the previous vote. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Davis, to reconsider the previous vote. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Thompson called for a break from 10:42 a.m. until 10:55 a.m. Appointments to the New Hanover Regional Medical Center Board of Trustees Continued Chairman Thompson requested direction from the Board concerning appointments to the New Hanover Regional Medical Center Board of Trustees. Motion: Commissioner Davis MOVED, SECONDED by Chairman Thompson, to appoint Commissioner Greer to seine the unexpired term on the New Hanover Regional Medical Center Board of Trustees in the At-large categmy, effective December 6, 2010, with the term to expire on September 30, 2012. Until December 6, 2010, Commissioner Greer will continue to seine as the County Commissioner Representative on the New Hanover Regional Medical Center Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Davis MOVED, SECONDED by Chairman Thompson, to appoint Vice-Chairman Jonathan Barfield in the County Commissioner Representative category, effective December 6, 2010, on the New Hanover Regional Medical Center Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Thompson 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 AGENDA ITEMS COASTAL RESOURCE COMMISSION UPDATE ON SANDBAG STRUCTURES New Hanover County representative on the Coastal Resource Commission member, Dave Weaver, provided the Board with the history on the placement of sandbags as a way to temporarily protect threatened oceanfront properties. He reported on the recent ruling by the North Carolina Coastal Resources Commission directing the North Carolina Division of Coastal Management to begin enforcement of the removal of the sandbag structures whose permits had expired: there are approximately 350 sandbags structures along the coast with an estimated 150 having expired permits. At the meeting of the North Carolina Coastal Resources Commission, the idea was discussed to allow local governments to assume the authority to regulate sandbags within their boundaries as well as discussion on the use of terminal groins. Figure 8 Island Homeowners Association has recently completed an environmental impact study and there may be an opportunity for the County to partner with the homeowners to address the erosion issue at the north end of Figure 8 Island using a combination of beach renourishment and the construction of a terminal groin. The Figure 8 Island homeowners would incur the cost. The State may be open to this type of partnership. In response to Board questions, Figure 8 Island Homeowners Association Administrator David Kellam stated that it is not the homeowners' intention to seek finding from the State or County. Currently, they are just considering the best environmental option. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 11:28 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Comrrdssioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com H('Live or innr.lzhcgov.com )gges.B0('aspy.