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HomeMy WebLinkAbout2010-10-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 63 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 18, 2010, 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 Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.: Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; County Attorney° Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Thompson 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 Caster 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 Body The Commissioners approved the minutes from the Regular Meeting held on Monday. October 4, 2010 as presented by the Clerk to the Board. Approval of 2011 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings — Governing Body The Commissioners approved the 2011 schedule of Agenda Review meetings and Regular Board of Commissioners meetings. A copy of the meeting calendar is hereby incorporated as part of the minutes and contained in Exhibit Book VIII,Page 21.1. Authorization to Submit Two Grant Applications to the Cape Fear Area Agency on Aging — Health Department The Commissioners authorized the Health Department to submit two grant applications to the Cape Fear Area Agency on Aging. If awarded, the General Purpose Funding grant will be used to fund a staff person's salary and the Evidence Based Health Promotion grant will be used to conduct two classes: 1)A Matter of Balance,which is designed to help seniors prevent falls; and 2) Chronic Disease Self-Management, which helps seniors manage chronic diseases such as high blood pressure and diabetes. The local required match of 10%will be provided by funding from the Health Department budget. Acceptance of 2010 State Criminal Alien Assistance Program Grant Award from the Bureau of Justice Assistance and Adoption of Budget Ordinance Amendment 11-079—Sheriff's Office The Commissioners accepted 2010 State Criminal Alien Assistance Program grant funds in the amount of $92,930 from the Bureau of Justice Assistance and adopted Budget Ordinance Amendment 11-079. The funds will be used for correctional purposes. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XXXIII,Page 21.2. 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 August 31, 2010. 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 VIII,Page 21.3. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 64 11-056- Social Services 11-067—Library 11-071 - Social Services 11-075 -Health 11-076-Health 11-077-Health 11-078—Health 11-080- Social Services 11-081 - Social Services 11-082-Emergency Management&911 Communications 11-084- Sheriffs Office 2011-19-Finance 2011-20- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 21.4. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following retired employees to step forward to receive their award: Russ Fales, Sheriffs Office, 30 Years of Service Sandra Rogers-Walker, Sheriff s Office, 25 Years of Service On behalf of the Board, Chairman Thompson presented a retirement award to each employee, expressed appreciation,and thanked them for their years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Brenda Brow,Parks, Gardens and Senior Resources Crystal Davis, Sheriff s Office James Iannucci,Engineering Olivia Pace,Development Services Frederick Ryder,Environmental Management Gina Turner, Sheriff s Office Derrick Williams, Sheriff s Office Ten Year: Barbara Allen,Development Services Curtis Barnhill, Sheriff s Office Kelly Johnson,Health Department Ronnie Norton, Sheriff s Office John Scheckler, Sheriffs Office Michael Stophel,Fire Services Twenty Year: Susan Sprenger,Department of Social Services Twenty-Five Year: Larry Brewer, Sheriff s Office Michael Winebar,Legal Department On behalf of the Board, Chairman Thompson presented a service award to each employee, expressed appreciation,and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Susan Brown,Health Department Kimberly Culbreth,Department of Social Services Alice Haynes,Department of Social Services Rebecca Hunt,Parks, Gardens and Senior Resources On behalf of the Board, Chairman Thompson welcomed the new employees to County Government and wished them success in their new positions. APPROVAL OF CONTRIBUTION TO SUPPORT THE EFFORTS OF THE USS GRAVELY COMMISSIONING COMMITTEE AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-088 Co-Chair of the USS GRAVELY Commissioning Committee Captain Dave Scheu presented the request for the Board's consideration to make a contribution in the amount of $25,000 to support the USS GRAVELY (DDG 107)commissioning event to be held at the Port of Wilmington on Saturday,November 20,2010. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 65 The ship is named for the late Vice Admiral Samuel L. Gravely USN, who was the first African-American to command a U.S. Naval combatant, the first to be promoted to flag rank, and the first to command a U.S. Fleet. The commissioning involves hundreds of Navy personnel,their families,as well as thousands of attendees. Chairman Thompson reported that the net tax revenue generated from the County's investment, for a family of four staying for two nights in a hotel and meals,would have an approximate return rate of 21%. In response to Board questions, Captain Scheu reported that private funding was sought before approaching the public for contributions. After Board discussion, concerning the tax revenue that will be generated from the event, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the contribution in the amount of $25,000 to support the efforts of the USS GRAVELY Commissioning Committee and adopt Budget Ordinance Amendment 11-088 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XXXIII,Page 21.5. NORTH CAROLINA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION MARVIN COLLINS OUTSTANDING PLANNING AWARD RECOGNITION TO NEW HANOVER COUNTY PLANNING DEPARTMENT Chairman Thompson recognized the New Hanover County Planning Department for receiving the North Carolina Chapter of the American Planning Association Marvin Collins Outstanding Planning Award for Large Community Plan Implementation. Specifically the award recognizes the department for the creation of the Exceptional Design Zoning District. ADOPTION OF RESOLUTION REQUESTING HOUSE SPEAKER HACKNEY TO REVERSE THE BAN ON SECTARIAN PRAYERS Chairman Thompson presented the request for the Board's consideration to adopt the resolution requesting North Carolina State House Speaker Joe Hackney to reverse the ban on sectarian prayers by volunteer ministers during the opening prayers for the North Carolina House of Representatives. Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution requesting North Carolina State House Speaker Joe Hackney to reverse the ban on sectarian prayers by volunteer ministers during the opening prayers for the North Carolina House of Representatives. 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 21.6. ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS IN AN AMOUNT NOT TO EXCEED $100,000,000 Chairman Thompson reported that before the Board is a resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue refunding bonds and approving the appointment of a financing team to effect the issuance of such hospital refunding bonds. The Board of Commissioners has determined that it is advisable to provide for the current refunding of the entire County's outstanding Hospital Revenue Bonds to generate debt service savings. Now,therefore be it resolved by the Board of Commissioners as follows: • The County Manager,the Finance Director,and the County Attorney are hereby authorized to file an application with the Local Government Commission for its approval of the issuance by the County of the Series 2010 Bonds. • That the Chairman and Vice Chairman, the County Manager, the County Attorney, the Finance Director,and the Clerk to the Board are hereby authorized to do all things necessary to effectuate the issuance of the Series 2010 Bonds. • That this resolution shall become effective on the date of its adoption. Chairman Thompson requested a motion to adopt the resolution. In response to Board questions concerning the additional $3 million in the revised resolution, Finance Director Avril Pinder reported that additional hospital bonds were identified to be refinanced with an overall projected savings in the amount of$5 million. Commissioner Greer requested Finance Director Pinder present a list of the additional bonds to be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 66 refinanced to New Hanover Regional Medical Center Board of Trustees at their meeting in November. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield,to adopt the resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue refunding bonds in an amount not to exceed$100,000,000. 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 21.7. PUBLIC HEARING AND ADOPTION OF RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE FINANCING OF CAPITAL IMPROVEMENTS AND RENOVATIONS TO SCHOOL FACILITIES; REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING ARRANGEMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT,DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION THEREWITH Chairman Thompson reported that at the regular meeting of the Board of Commissioners on October 4, 2010, the Board adopted a resolution authorizing the negotiation of an installment financing contract to provide financing of capital improvements and renovations to Bradley Creek Elementary School, Mosley Performance Learning Center, D.C. Virgo Middle School, Wrightsboro Elementary School, Emma B. Trask Middle School, Williston Middle School and Roland-Grise Middle School. The Clerk to the Board has caused a Notice of Public Hearing to be published in a qualified newspaper. Chairman Thompson requested a motion to open the Public Hearing to receive public comment on the desirability of. a)the County acquiring the fee or any lesser interest in the real and personal property included in a portion of the School Facilities for use by the New Hanover County Board of Education for school purposes; and b) the installment financing of the School Facilities,of which the Board received evidence supporting the need for such financing. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to open the Public Hearing to receive public comment on the desirability of. a)the County acquiring the fee or any lesser interest in the real and personal property included in a portion of the School Facilities for use by the New Hanover County Board of Education for school purposes, and b)the installment financing of the School Facilities,of which the Board received evidence supporting the need for such financing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Hearing no comments, Chairman Thompson closed the Public Hearing. Chairman Thompson continued reporting that for the Board's consideration is a resolution making certain findings and determinations regarding the financing of capital improvements and renovations to school facilities; requesting the Local Government Commission to approve the financing arrangement; and authorizing the execution and delivery of an installment financing agreement,deed of trust,and related documents in connection therewith. Chairman Thompson requested a motion to adopt the resolution. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution making certain findings and determinations regarding the financing of capital improvements and renovations to school facilities, requesting the Local Government Commission to approve the financing arrangement; and authorizing the execution and delivery of an installment financing agreement, deed of trust, and related documents in connection therewith. 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 21.8. PUBLIC HEARING AND APPROVAL OF NORTH CAROLINA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2010 SCATTERED SITE HOUSING PROGRAM Community Development Planner Wanda Coston reported that the North Carolina Division of Community Assistance has conditionally awarded New Hanover County and its interested municipalities, which include Wrightsville, Carolina, and Kure Beaches, $400,000 in Community Development Block Grant funds as part of the fiscal year 2010 Scattered Site Housing Program. The 2010 Scattered Site Housing Program will be the fourth grant awarded to New Hanover County in this category and must be used to address the most critical housing needs of very low-income, owner-occupied households within the County. Staff is requesting that the Board conduct a Public Hearing in accordance with the Community Development Block Grant requirements to solicit citizens' input concerning the County's proposed 2010 Scattered Site Housing Program and authorize the Chairman to sign the Local Government Participation Certification which acknowledges that the County intends to participate in the 2010 Scattered Site Housing Program. Chairman Thompson requested a motion to open the Public Hearing to solicit citizens' input concerning the County's proposed 2010 Scattered Site Housing Program. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to open the Public Hearing to solicit citizens' input concerning the County's proposed 2010 Scattered Site Housing Program. Upon vote, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 67 MOTION CARRIED UNANIMOUSLY. Hearing no comments, Chairman Thompson requested a motion to close the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to close the Public Hearing to solicit citizens' input concerning the County's proposed 2010 Scattered Site Housing Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to authorize the Chairman to sign the Local Government Participation Certification, which acknowledges that the County intends to participate in the 2010 Scattered Site Housing Program. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review in the Planning and Inspections Department. RATIFICATION OF THE GRANT APPLICATION SUBMITTED TO THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF MINORITY HEALTH AND HEALTH DISPARITIES TO FUND AN INTERPRETER POSITION FOR THREE YEARS Health Department Director David Rice presented the request for the Board's consideration to ratify the grant application that was submitted to the North Carolina Department of Health and Human Services, Office of Minority Health and Health Disparities in the amount of$19,000 (every year for three years) to fund an interpreter position. The projected cost for the position is $44,102 for year one. A local match is required which will be appropriated from revenues from federal Women, Infants & Children funds and Child Service Coordination Medicaid earnings. This funding will allow an existing interpreter position for an additional three years. No additional County funds are required. Notification of this grant opportunity was received on September 28, 2010, with an application deadline of October 15, 2010, thus requiring County Commissioner ratification of approval to submit the grant application by the deadline. In response to Board concerns,Director Rice reported that bi-lingual staff is hired whenever possible. Chairman Thompson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster,to ratify the grant application to the Office of Minority Health and Health Disparities in the amount of$19,000 per year for three years. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review at the Health Department. BREAK Chairman Thompson called for a break at 9:54 a.m.until 10:05 a.m. NEW HANOVER COUNTY ABC BOARD ANNUAL UPDATE New Hanover County ABC Board Chairman Thomas Wolfe presented the ABC Board annual update reporting that there has been a smooth transition with the appointment of three new board members. Accomplishments of the past year include the hiring of a new director,revision of personnel policies and procedures that have been brought in-line with the County's policies and procedures, the negotiation of a new law enforcement contract,and the opening of the Castle Hayne store. Highlights of the Statement of Revenue, Expenses and Changes in Net Assets were presented for year ending as of June 30,2010: • Operating revenues in the amount of$30,469,852 • Operating expenses in the amount of$3,931,503 • Operating income in the amount of$3,843,689 • Net assets in the amount of$17,078,868 In closing, Mr. Wolfe reported that the Board has decided to hold onto the 17ffi and Castle Street property that was the location of the proposed expansion until the real estate market improves. The New Hanover County ABC Board will continue to work closely with local representatives in Raleigh with the potential privatization of the entire ABC organization. It is the goal of the Board to be transparent, follow all regulations and laws, and continue to work closely with County finance and legal staff. In response to Board questions, Mr. Wolfe reported that the property located at 17"' and Castle Street is zoned residential; the City of Wilmington will not approve rezoning the property to commercial, therefore the expansion cannot take place at that location. There is a good chance that a loss will be taken on the property. Vice-Chairman Barfield suggested the property be rebuilt as single-family housing or perhaps park space. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 68 After a brief question and answer period and on behalf of the Board, Chairman Thompson thanked Mr. Wolfe for the update. NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY ANNUAL UPDATE New Hanover County Tourism Development Authority Chairman Bob McKoy presented the annual update highlighting the following: • Impact of tourism: o In 2009—domestic visitors to New Hanover County generated an economic impact of$390 million which is 7.6%decrease from 2008 o New Hanover County is ranked 8d' among the state's 100 counties and 2nd among coastal North Carolina counties o Tax relief of$185.27 per New Hanover County resident 0 5,200 jobs-$92.31 million in payroll 0 Generates$35.96 million in state and local taxes. 0 Before the recession hit in 2008, Room Occupancy Tax receipts had grown 43% over the past previous five years • The primary role of the Wilmington/Cape Fear Coast Convention&Visitors Bureau is to tell the Cape Fear Story, inform,educate,and advise visitors and to get the Cape Fear Convention on lists for consideration. • The current state of tourism: • Room Occupancy Tax Collections for NHC—Fiscal Year 20010/11 up 8.90% • Room Occupancy Tax Collections for NHC—Calendar Year to date—up 4.30% • Six consecutive months of positive growth—July up 10.2%and August 7.19% • NEC attractions up 9.9%over previous FY • New Hanover County 09/10 Room Occupancy Tax total distribution in the amount of$7,134,353 • FY 09/10 accomplishments include: • Visitors inquiries up 10%over previous FY • Advertising inquiries up 23%over previous FY • Maintained major programs despite two additional budget cuts during fiscal year • Hosted MPI-CC Annual meeting • Launched Sunny Savers program in response to industry need for distressed inventory movement • Aggressive social media effort • Addition of convention sales and marketing efforts • Attended TEAMS sports marketplace • Wilmington/Cape Fear Convention Center and Visitor Bureau is funded by a percentage of the 1st 3% Room Occupancy Tax collections-FY 2010/2011 operating budget in the amount of$1.54 million • Additional$1.4 million from the 2nd 3%Room Occupancy Tax collections for beach municipalities • Three main target audiences: • Leisure/Consumer • Meeting/Conventions/Groups • Group Tour/Motorcoach President and CEO Kim Hufham continued reporting the following: • 2010/11 Budget Highlights: • Total budget presented is$3,229,080 representing a 5.32%decrease • Revenues 10.28%decrease • First 3%budget shows 7%decrease in expenditures. • First 3% budget continuing to focus on marketing and promotion representing 75% of budget. Salaries and Benefits — No increase over previous year. Current vacant position of Marketing Assistant frozen for the current fiscal year. Retirement contributions reduced to 5% for current fiscal year. • No capital expenditures are budgeted for new fiscal year. • Convention Center marketing: • Strategic seasonal campaigns-Fall,Holiday, Spring, Summer • Targeted specific markets-Top Feeder Markets, Geo-targeted, Interest based, Core Demographics • Trends-getaways/vacations • Efficient-reduced budgets, online vs.traditional media • Expanded Markets -meetings, conventions, sports,Military After a brief question and answer period and on behalf of the Board, Chairman Thompson thanked Mr. McKoy and Ms.Hufham for the update. NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT ANNUAL UPDATE New Hanover County Zoning Board of Adjustment Chairman Robert F. Cameron, Jr. presented the annual update stating that the Board is comprised of five citizen volunteers who serve as part of zoning enforcement to hold quasi-judicial public hearings to interpret the zoning ordinance and grant variances when practical difficulties or unnecessary hardships if the zoning ordinance was strictly applied. The applicant is required to show five areas of criteria and the variance must be granted with at least four of five members voting in favor of granting the variance. Since September 2009, fourteen cases have been heard. Eight variances were granted, sometimes with NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 69 conditions. Four cases were denied with one continued for a solution to be worked out between staff and the applicant with a solution having been reached, and the denial of one case that was an appeal of the County's denial of a Special Use Permit. Most cases that are heard involve issues concerning variances in setbacks or lot size requirements. On behalf of the Board, Chairman Thompson thanked Mr. Cameron for the update. REVIEW, DISCUSSION,AND APPROVAL OF DISSOLUTION OF NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS Chairman Thompson led the Board discussion concerning the merits of continuing to appoint members to the Board of Fire Commissioners. When the Fire Commission was established in January 1986, the purpose was to advise the County in fire protection planning issues and prepare a fire and life safety master plan, including yearly revisions and updates which would serve to project the fire service delivery needs that would be required to provide a cost effective and efficient fire service for the unincorporated County. The purpose also included advising the County on fire protection legislation, codes, ordinances, and related fire/rescue response and prevention issues including, but not limited to, fire protection water delivery systems, fire suppression road access and minimum levels of manning for fire emergency delivery. In addition, they were to advise the County on matters relating to fire protection annual contracts with the individual volunteer fire departments. Since inception, the mission and goals of the Fire Commission have changed and since New Hanover County is now the sole provider for fire and rescue service, staff recommends dissolution of the Fire Commission as it currently exists. In response to Board questions, County Manager Shell stated that when the Fire Commission voted unanimously to recommend consolidation;it is his opinion that it was their consensus that the advisory board was no longer needed. Commissioners Greer and Davis voiced their concern that they wanted to keep the volunteers included in the transition process and perhaps it would be better to continue the Fire Commission in an advisory capacity for another six months to a year. In response to Board questions, Assistant County Manager Chris Coudriet clarified that during the consolidation study period, a task force was established, which remains in place and is comprised mainly of volunteers. Currently,the Fire Commission is not comprised of volunteer fire fighters. After brief discussion, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to dissolve the New Hanover County Board of Fire Commissioners. Upon vote,the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. WITHDRAWAL OF COUNTY ENDORSEMENT AND APPOINTMENTS TO THE COMMISSION FOR WOMEN Chairman Thompson led the Board discussion concerning the merits of continuing to make County appointments to the Commission for Women. The New Hanover County Board of Commissioners gave its endorsement to the Council on the Status of Women on March 6, 1978. The City of Wilmington supported the name change to Commission for Women on July 25, 1989 with the County endorsing the name change on January 22, 1991. Recently,the following concerns have been noted: • The Commission is not supported by oversight from City of Wilmington or County staff. • The County provides no funding for the Commission. • The Commission is not accountable to County for fund raising and expenditures of funds. • The Commission does not provide advisory capacity for any county department as other County boards. • The Commission is not mandated by general statutes to make appointments. • There is no direct responsibility to County. • The County does not use or require the Commission for policy-making decisions. • The Commission can provide reports without having appointments made by elected officials. • The County has experienced frequent turnover in board membership. • The Commissioners' Office does not receive letters of resignations or written notifications of members not attending. • The Commission has not responded to Chairman Thompson's request of December 2009 for updated address and contact information; there is no continuity in whom to contact because of failure to notify Commissioners' Office of new officers, etc. • The Commission's roster of members is not the same as County's list of members. • The Commission has not complied with County's request for minutes to be scanned for NHCGOV.com web page. • No appointments have been made by the beach communities as stated in by-laws. • The Commission may operate as any other organization and does not require appointments by the Commissioners'to function. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 70 After brief discussion, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to withdraw County endorsement and discontinue appointments to the Commission for Women. Upon vote, the MOTION CARRIED UNANIMOUSLY. ABC BOARD COMPENSATION Chairman Thompson reported that effective October 1, 2010, General Statute 1813-700(g) states that compensation for an ABC Board member may not exceed $150 per board meeting unless a different level of monetary compensation is approved by the appointing authority. Up until October 1, 2010, the ABC Board Chairman was receiving $250 per meeting and the other Board members were receiving $200 per meeting. Any compensation amount above the$150 limit will require Board action. After brief discussion, the consensus of the Board is to set the compensation amount for the New Hanover County ABC Board members at$150 per board meeting limit as outlined in General Statute 1813-700(g). COMMITTEE APPOINTMENTS Appointments to the ABC Board Chairman Thompson reported that two vacancies need to be filled on the ABC Board with twenty applications available for consideration and requested nominations from the Board. Chairman Thompson nominated James L. Turner for appointment. The nomination was seconded by Commissioner Caster. Commissioner Caster nominated Robert W. Martenis for appointment. The nomination was seconded by Commissioner Greer. Vice-Chairman Barfield nominated Augustus Codington Everett, Jr. for appointment. The nomination was seconded by Chairman Thompson. Commissioner Davis nominated Francine M. Good for appointment. The nomination was seconded by Chairman Thompson. Hearing no further nominations Chairman Thompson closed the nominations and called for a vote on the nominations. Vote: The Board voted 2 to 3 to appoint James L. Turner to serve a three-year term on the ABC Board with the term to expire on June 30,2013. Chairman Thompson and Commissioner Caster voted in favor. Vote: The Board voted 3 to 2 to appoint Robert W. Martems to serve a three-year term on the ABC Board with the term to expire on June 30,2013. Commissioners Caster,Davis and Greer voted in favor. Vote: The Board voted 3 to 2 to appoint Augustus Codington Everett, Jr. to serve a three-year term on the ABC Board with the term to expire on June 30, 2013. Chairman Thompson, Vice-Chairman Barfield and Commissioner Greer voted in favor. Appointments to the Planning Board Chairman Thompson reported that two vacancies of unexpired terms exist on the Planning Board with eleven applications available for consideration and requested nominations from the Board. Commissioner Caster nominated Daniel Hilla for appointment. Chairman Thompson seconded the nomination. Commissioner Greer nominated Lori Harris for appointment. Chairman Thompson seconded the nomination. Commissioner Davis nominated Scott P. Ogden for appointment. No second was received. Commissioner Davis nominated Jeff Thompson for appointment. Vice-Chairman Barfield seconded the nomination. Vice-Chairman Barfield nominated David Pryse Thomas, Jr. No second was received. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to close the nominations for appointments to the Planning Board. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson called for a vote on the nominations. Vote: The Board voted 4 to 1 to appoint Daniel Hilla to serve on the Planning Board. Chairman Thompson, Vice- Chairman Barfield, Commissioners Caster and Greer voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 18,2010 PAGE 71 Vote: The Board voted 3 to 2 to appoint Lori Harris to serve on the Planning Board. Vice-Chairman Barfield and Commissioners Caster and Greer voted in favor. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Daniel Hilla to fill the unexpired term on the Planning Board with the term to end on July 31, 2011 and appoint Lori Harris to fill the unexpired term on the Planning Board with the term to end on July 31, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 ITEM ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-089 TO COVER ESTIMATED COSTS INCURRED DUE TO TROPICAL STORM NICOLE FOR PUMPING AND HAULING LEACHATE AT THE LANDFILL County Manager Bruce Shell reported that staff is requesting the Board adopt Budget Ordinance Amendment 11-089 in the amount of$650,000 to cover estimated costs incurred due to Tropical Storm Nicole for pumping and hauling leachate at the Landfill. If the county is reimbursed for storm related expenses the funds will be returned to fund balance. The State has requested the County step-up normal pumping operations. Environmental Management Director John Hubbard explained that the excessive amounts of rain received during Tropical Storm Nicole caused a breech in one of the Landfill cells. State compliance officials have made an inspection and staff was told that a notice of violation will be issued and that the pump and haul process should be; a preexisting contract is already in place. The rainfall amount was documented and qualifies for reimbursement if the Federal government issues reimbursements,the State has to qualify for the reimbursement. Chairman Thompson voiced his concern on the process used by the State to levy a violation when staff was already working to correct the problem. He requested County Attorney Copley to work with the local delegation in addressing the State's process. The County has a process in place that may take a little longer and he would rather take a chance of being fined by the State and have County legal staff fight it. In response to comments, County Manager Shell suggested the County not defy the State's order but use the State to get any potential reimbursement;fighting the notice of violation may cost more money in the long-run. County Attorney Wanda Copley advised staff to try to negotiate the contract to reflect actual cost; if the County fought the State,and lost,the County could be liable for even bigger bills. Chairman Thompson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt Budget Ordinance Amendment 11-089 as presented. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Thompson and Commissioner Greer voted in opposition. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 21.9. ADJOURNMENT There being no fiuther business, Chairman Thompson adjourned the meeting at 11:47 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries and on www.nhcgov.com,,NHCLive or www.nhcgov.com/pgges.BOC/aspy