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2010-12-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 96 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 20 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 Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Chairman Barfield called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Robert Campbell,New Beginning Christian Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes as presented by the Clerk to the Board. Agenda Review meeting held on December 2, 2010 Regular Session meeting held on December 6,2010 Approval of Appointment of Commissioners to Boards and Committees for 2011—Governing Body The Commissioners approved the appointment of Commissioners to Boards and Committees for 2011 as presented. A copy of the list Commissioners Appointed to County Boards and Committees for Year 2011 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 24.1. Acknowledgement of Settlement of Jay Madison v. David Matteson and Scott Barnard—Legal Department The Commissioners acknowledged the settlement of Jay Madison v.David Matteson and Scott Barnard that was reached by the County's insurer concerning an injured bicyclist at Blue Clay Bike Park in the amount of $55,000. The County's insurance deductible is$5,000. A copy of the settlement agreement is available for review in the Legal Department. Authorization for New Hanover County Fire Services to Submit a Grant Application to the Firehouse Subs Public Safety Foundation—Fire Services The Commissioners authorized New Hanover County Fire Services to submit a grant application to the Firehouse Subs Public Safety Foundation in the amount not to exceed$10,000. If awarded,the funds will be used to purchase inflatable hull replacement for a Zodiac rescue boat. No local match is required. Approval of Ordinance Revisions to Chapter Five: Animals of the New Hanover County Code, Animal Control Services—Health Department The Commissioners approved ordinance revisions to Chapter Five: Animals of the New Hanover County Code, Animal Control Services, to establish compliance with North Carolina law. These changes are regarding control of animals as enforced by Animal Control Services and relate mainly to ferrets. A copy of the complete ordinance is available for review in the Health Department or on their departmental website. Authorization for Cape Fear Museum to Submit a Conservation Assessment Program Grant Application to the Heritage Preservation Foundation—Museum The Commissioners authorized Cape Fear Museum to submit a Conservation Assessment Program grant application to the Heritage Preservation Foundation with funding from the Institute for Museum and Library Services in the amount to $3,390. If awarded, an outside collections management professional will visit the museum; assess the collections management processes and procedures; and provide recommendations on artifact storage, disaster preparedness, conservation priorities, and other professional practices. A local match, estimated in the amount of$630 is required;the existing budget would be adjusted to cover the match. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 97 Acceptance of Additional Funding from the Administration on Aging and Adoption of Budget Ordinance Amendment 11-124—Parks,Gardens and Senior Resources The Commissioners, on behalf of Parks, Gardens and Senior Resources, accepted additional funding from the Administration of Aging, Older Americans Act in the total amount of$15,006 and adopted Budget Ordinance Amendment 11-124. Following the recommendation of the Home and Community Care Block Grant Advisory Board,the funds will be allocated as follows: New Hanover County Senior Resource Center in the amount of$5,002 Elderhaus in the amount of$5,002 Interim in the amount of$5,002 The Senior Resource Center will use monies from an escrow account to match the 10%required match for the County's portion of grant funds. The match for Elderhaus and Interim In-Home Aide is the responsibility of the contractors. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 24.2. Approval of Release of Tax Value on Late Exemption Applications—Tax Department The Commissioners released the following delinquent applications for exemption from property tax: Praise&Deliverance AME Church R04913-006-004-000 $ 183,747 Praise&Deliverance AME Church R04913-005-002-000 $ 11,480 Praise&Deliverance AME Church R04913-005-001-000 $ 8,460 Elderhaus,Inc. R06005-015-002-000 $ 16,325 Elderhaus,Inc. R06005-015-001-000 $ 868,046 Health Sciences Foundation,Inc. R06015-002-011-000 $ 114,490 Health Sciences Foundation,Inc. R06015-002-047-000 $1,687,979 Health Sciences Foundation,Inc. R06015-002-010-000 $ 154,767 Approval of New Hanover County Board of Education Capital Outlay Fund Budget Amendment#2—Budget Department The Commissioners, at the request of the New Hanover County Board of Education, approved Capital Outlay Fund Budget Amendment#2. The budget amendment allocates Qualified Schools Construction Bond funds to specific school projects and transfers funds from the Snipes project to other projects. A copy of the budget amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 2011-27- Sheriff's Office 2011-28- Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 24.3. REGULAR ITEMS OF BUSINESS APPROVAL OF COUNTY CONTRIBUTION FOR THE INSTALLATION OF ARTIFICIAL TURF FOR LEGION STADIUM AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-125 Budget Director Cam Griffin presented the request for the Board's consideration to contribute a total of $633,334 to the City of Wilmington for the conversion of the Legion Stadium field from natural to artificial turf and adopt Budget Ordinance Amendment 11-125 allocating the funds. The funds in the amount of$333,334 will be allocated from New Hanover County General Fund fund balance. The balance of funds in the amount of$300,000 will be allocated from funds returned by New Hanover County Schools from a pension fund that was set-up for a specific group of retirees that was closed. New Hanover County and the City of Wilmington have an agreement for the joint use of Legion Stadium with the existing contract requiring the County to pay one-half of the debt service on the improvement costs for the field. The request is that the County would agree to pay two-thirds of the cost for the conversion (County funds and School funds) of the field from natural to artificial turf. New Hanover High School uses the stadium as their home field and other schools use the field for other sporting events. Chairman Barfield requested direction from the Board. Vice-Chairman Thompson reported that he serves as the County representative on the Legion Sports Complex Commission and they have been reviewing ways to increase the use of the main field for over two years. Currently the field can be used approximately fifty-five times per year limiting the use of the field; other sporting events requests are turned down or scheduled on other fields. The request before the Board is an opportunity for the City of Wilmington, New Hanover County Schools and the County to participate in the installation of the artificial turf by sharing the cost three ways and will be a project that benefits the citizens and local economy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 98 Commissioner Catlin questioned the affordability of approving the request at this time given a projected budget shortfall for next fiscal year. County Manager Shell reported that when FY2010-2011 began, the County fund balance was at 14.6%, under the goal of 16.67%,but the recently completed budget audit shows that the fund balance has grown to 18.3%. This was done by significantly cutting expenditures and the passing of the quarter cent sales tax. Early estimates are projecting a$4 million need in the next fiscal year without making any adjustments or cuts or knowing what impact State mandates may have on future expenditures. He stated that he is comfortable in telling the Board if they choose to approve this item,they have the financial strength to approve it,without creating a hardship. Commissioner Catlin stated that he understands and supports the request but reiterated his concerns about the timing of allocating the funds. He stated that he does not want to be in the position of cutting 10-12 staff positions to pay for this request. If the $600,000 allocation is approved, those funds will not be available to help make up the projected$4 million deficit. The County cannot afford the allocation request at this time. In response to comments, County Manager Shell corrected that the amount that would be allocated from the General Fund would be in the amount of$333,334. Commissioner Berger voiced his concern that although this was a valid request,he would prefer to table the decision until after meeting with our local legislative delegation to see what funding issues the County may face in the future from the State and also to be able to discuss this request, as well as other similar requests, at the Board's upcoming strategic planning retreat. He does not feel there are assurances in place that taxes would not need to be raised in the coming years to pay for this and other expenditures. In response to Board questions, County Manager Shell reported that by growing the fund balance to the level that we have and by taking the steps that we have, there would not be a need for a tax increase based on today's projections. Motion: Commissioner Berger MOVED, SECONDED by Commissioner Catlin, to table the request to allocate $333,334 from New Hanover County General Fund fund balance and$300,000 from an escrow account to the City of Wilmington for the conversion of the Legion Stadium field from natural to artificial turf. Chairman Barfield stated that he is not in favor of tabling the request due to recognizing the tremendous need for a more useable field and the shortage of field space in the County. This is a great opportunity for a joint project for the good of the citizens. In response to Board questions, Director McDaniel stated that tabling the item could potentially cause the project to be set back a year due to the need to go back through the bid process. Income of the field is used to off-set maintenance with a three to five year break-even projection. The film industry uses the field and the change to artificial turf will expand the use of the field. Vice-Chairman Thompson reported that currently forty to fifty games are turned down each year and with the installation of the artificial turf the revenue will increase by the additional use. All revenues that are collected will help defer maintenance costs; the County is responsible for 50% of the maintenance costs. The County will realize a cost-savings with approval of the request. Chairman Barfield responded that the Commissioners are elected to make the hard decisions and can't wait to base decisions on what the State may or may not do. After further discussion, Chairman Barfield called for a vote on the motion. Vote: Upon vote, the MOTION FAILED 2 TO 3. Chairman Barfield, Vice-Chairman Thompson and Commissioner Davis voted in opposition. Chairman Barfield opened the floor and received the following comments: • Dr. Timothy Markley, Superintendent of New Hanover County Schools, voiced his support of the request highlighting that at this time the school system is able to match almost dollar-for-dollar for the project with this one-time funding. • Chris Furr, New Hanover High School Principal, voiced his support of the request highlighting that if approved the artificial turf will increase the amount of useable play time on the main field and that it will be a good investment in the future. • Thomas Millard spoke in favor of the request to install the artificial turf at Legion Stadium. • Don Hayes, New Hanover County Board of Education Chairman, spoke in favor of the request stating that the change to artificial turf will benefit both New Hanover High School and the County. • Caroline Wine,parent of a New Hanover High School student,requested the Board approve the request and consider the benefit to the County as a whole. • Joe Szaloky,parent of a New Hanover High School student, spoke in support of the request stating that he believes it is a sound investment and encouraged the Board to spend money to make money as the field will be more useable. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 99 Commissioner Davis stated that he will not support a tax increase or eliminate positions to approve this request. If the Board approves the request he will take into consideration the $333,334 allocation when making decisions for the schools in the upcoming budget cycle. Commissioner Catlin stated that as a business man he feels it would be irresponsible to spend money when the future economic condition of the County is unknown. Hearing no further discussion, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request allocating$333,334 from New Hanover County General Fund fund balance and $300,000 from an escrow account to the City of Wilmington for the conversion of the Legion Stadium field from natural to artificial turf and adopt Budget Ordinance Amendment 11-125. Upon vote, the MOTION CARRIED 3 TO 2. Commissioners Berger and Catlin voted in opposition. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 24.4. BREAK Chairman Barfield called for a break from 9:55 a.m.until 10:05 a.m. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested retired employee from the Sheriff's Office with twelve years of service, Nathan Jones,Jr.,to step forward to receive his award. On behalf of the Board, Chairman Barfield presented a retirement award to Mr. Jones and thanked him for his 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: Ladon Gibbs,Property Management Robert Pate,Fire Services Hope Pearce,Department of Social Services Shawn Ralston,Planning and Inspections Department James Schronce, Sheriff's Office Ten Year: Jason Browning,Fire Services Kassandra Dixon, Sheriff's Office Tracey Frink, Sheriff's Office Lisa Gans,Health Department Glenn Jenkins,Health Department John Ranalli,Department of Social Services Thomas Sosebee,Fire Services Fifteen Year: Katrina Morris,Finance Department Alicia Pickett,Health Department Nancy Ryan,Health Department Anthony Williams,Health Department Twenty-Five Year: Janet Smithey,Health Department Judy Ward, Sheriff's Office Thirty Year: Debbie Broyles,Emergency Management/911 Beverly Tetterton-Opheim,Library On behalf of the Board, Chairman Barfield 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 employee to stand and be introduced: Kimberly Brigandi, Sheriff's Office Brandon Crain, Sheriff's Office Brian Randall Grogan, Sheriff's Office Keith Harabin,Tax Office Deborah Hatley,Health Department Leslie Houston,Health Department Sharon Lang,Health Department Nick Leary,Property Management Shirley Melito,Health Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 100 Daniel Neu,Tax Office Roxanne Pearson,Youth Empowerment Services Todd Pletcher, Sheriff s Office Randy Rose, Tax Office Wilson Tart, Sheriff s Office Carolyn Yeoman,Tax Office On behalf of the Board, Chairman Barfield welcomed the new employees to County Government and wished them success in their new position. APPROVAL OF CHANGES TO WILMINGTON REGIONAL FILM COMMISSION BY-LAWS Wilmington Regional Film Commission Director Johnny Griffin presented the request for the Board's consideration to approve changes to the Film Commission By-Laws related to the Film Commission's funding contract with New Hanover County as follows: 1. All members of the Commission's Board of Directors shall serve three year terms; 2. There shall be no limit on the number of terms a member of the commission's Board of Directors may serve; 3. The authority appointing a member of the commission's Board of Directors may remove that member at any time and for any reason; 4. The term of the member of the Board of County Commissioners who serves ex-officio as a member of the commission's Board of Directors shall terminate at such time as that person is no longer a member of the board of County Commissioners; 5. The current members of the Commission's Board of Directors are as follows: • Commissioner Davis as the County appointee • Bill Vassar as the County appointee • Jimmy Smith as the Film Commission appointee • Bill Saffo as the City of Wilmington appointee • A position as the City of Wilmington appointee remains vacant at this time After brief discussion on term limits, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Davis,to approve the changes to the Wilmington Regional Film Commission By-Laws as presented with the following change to #2: There shall be a term limit of two consecutive terms a member of the commission's Board of Directors may serve. Upon vote, the MOTION CARRIED UNANIMOUSLY. In response to a question by Mr. Griffin, Attorney Copley confirmed that the current Commission members would be considered to be serving their first term. SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES 2009-2010 ANNUAL REPORT Foster Norman, Southeastern Center Area Director, presented the Southeastern Center for Mental Health, Developmental Disabilities, and Substance Abuse Services 2009-2010 Annual Report highlighting the following accomplishments and information: • In December 2009, Southeastern Center received a four-year accreditation from the Council on Accreditation for Network Administration. • 15,003 citizens were served • 10,329 calls were received by the call center; 13%were triaged as emergent; 53%were triaged as urgent; 34%were triaged as routine • Ninety-five children were triaged out of residential treatment • Crisis Intervention Training for sixty-nine local law enforcement officers was provided • Revenues were in the amount of$27,655,017 • Expenditures were in the amount of$26,770,900 • For two consecutive quarters the Center scored 100% for all reporting requirement on the State Performance Contract Report On behalf of the Board, Chairman Barfield thanked Mr. Norman for the update. A copy of the annual report is available for review at Southeastern Center. NEW HANOVER COUNTY RISK MANAGEMENT ADVISORY COMMITTEE ANNUAL UPDATE Risk Manager and New Hanover County Risk Management Advisory Committee Chairman Tiffany Allen presented the annual update highlighting the following: • The purpose of the committee is to offer advice and consultation for an efficient and economical risk management program for the County and other agencies that contract with the County. • The Commissioners established the Committee after dissolving the Insurance Advisory Committee on August 7,2000 to aid the Risk Management Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 101 • Qualifications include experience in public entity or corporate risk management, loss prevention and control, occupational safety and health, claims administration, insurance placement and brokerage, insurance defense law,actuarial work, or other risk management experience. • Insurance policies managed include: • Accident • Aviation • Commercial Package • Crime • Flood • Inland Marine • Liability • Ocean Marine • Professional Liability • Property • Public Official Bond • Worker's Compensation In closing, Ms. Allen recognized committee members in attendance, Deborah Watts and Ronald Woodruff, thanking them for their work on the committee along with absent members Richard Beebee and Walker Taylor,IV. On behalf of the Board, Chairman Barfield thanked Ms. Allen for the update. ADOPTION OF RESOLUTION AWARDING BIDS FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR SMITH CREEK, PARKWOOD, ARROWHEAD, AND MONTEREY HEIGHTS PARKS Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's consideration to adopt the resolution awarding bids for the purchase and installation of playground equipment for Smith Creek, Parkwood, Arrowhead, and Monterey Heights. Funds for Arrowhead, Monterey and Parkwood will come from Parks Bond funds and funds for Smith Creek Park will come from the sale of the sand from Smith Creek. Staff recommends that the bids be awarded to the following firms: • Gametime for Smith Creek Park in the amount of$84,999 • Carolina Parks&Play for Parkwood Park in the amount of$17,730 • Bliss Products for Arrowhead Park in the amount of$84,999 • Bliss Products for Monterey Heights Park in the amount of$39,995 In response to Board questions, Director McDaniel reported that the Park Bond funds have already been issued and are available for allocation and that the Smith Creek Park equipment and installation will be funded from the sale of sand from Smith Creek Lake. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution awarding bids for the purchase and installation of playground equipment for Smith Creek, Parkwood, Arrowhead, and Monterey Heights as presented. 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 XXXIII,Page 24.5. APPROVAL OF SMITH CREEK PARK CONSTRUCTION CONTRACT WITH PARAGON BUILDING CORPORATION Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's consideration to contract with Paragon Building Corporation in the amount of$996,011 for the construction at Smith Creek Park. Smith Creek is a 90-acre passive park which includes a +35-acre freshwater lake. A mining contract provided revenue of approximately $600,000 earmarked for the park development as well as receiving a$500,000 Parks and Recreation Trust Fund matching grant. Staff requests that the Board approve the expenditure and authorize staff to execute the contract with the apparent low bidder,Paragon Building Corporation,in the amount of $996,011. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve contracting with Paragon Building Corporation in the amount of$996,011 for construction at Smith Creek Park as presented and authorize staff to execute the contract. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 102 ADOPTION OF RESOLUTION APPROVING THE PURCHASE OF FIRE TANKERS FROM PIERCE MANUFACTURING,INCORPORATION Fire Chief Donnie Hall presented the request for the Board's consideration to adopt the resolution approving the purchase of two Fire Tankers. Fire Services was approved in the FY 2010-2011 budget for the purchase of one tanker and is requesting approval to piggyback on the existing contract that was awarded to Pierce Manufacturing, Inc. for an additional Fire Tanker. The vendor has agreed to extend the same pricing at a cost of $198,696. The Fire Services consolidated plan indicated the need to purchase a second tanker during FY 2011- 2012.Delivery of the tankers is not scheduled until FY 2011-2012 with payment made upon delivery. In response to Board questions, Finance Director Avril Pinder explained that General Statute allows an exception to the bidding process known as "piggybacking" when purchasing items from any person or entity that has,within the previous twelve months gone through the bidding process. In response to Board questions, Chief Hall clarified that even without the consolidation the request would be the same. The funds will be allocated from the Fire Service District and not be payable until next year, upon delivery. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution approving the purchase of two Fire Tankers from Pierce Manufacturing,Inc. as presented. 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 XXXIII,Page 24.6. APPOINTMENT OF COMMISSIONER BERGER AS VOTING DELEGATE TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 2011 LEGISLATIVE GOALS CONFERENCE Chairman Barfield presented the request for the Board's consideration to appoint a voting delegate to the North Carolina Association of County Commissioners Legislative Goals Conference which will be held January 20- 21, 2011 in Durham County, North Carolina. A voting delegate must be appointed and submitted by January 7, 2011. Chairman Barfield and Commissioners Berger and Catlin will be representing the County at the conference. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to appoint Commissioner Berger as voting delegate to the North Carolina Association of County Commissioners Legislative Goals Conference which will be held January 20-21, 2011 in Durham County, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority Chairman Barfield reported that one vacancy needs to be filled on the Cape Fear Public Transportation Authority with one applicant eligible for reappointment and two applications are available for the Board's consideration. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to reappoint George M. Dolan to serve a three-year term on the Cape Fear Public Transportation Authority with the term to expire on December 31,2013. Upon vote,the MOTION CARRIED UNANIMOUSLY. Joint Appointment with the City of Wilmington to the Cape Fear Public Utility Authority Tabled Chairman Barfield reported that a joint appointment with the City of Wilmington needs to be filled on the Cape Fear Public Utility Authority. The City's recommendation for the appointment is Diana G. Corbett. The County has received eight applications for the Board's consideration. The Board held a discussion on the process that is currently in place to appoint joint committee members with the City of Wilmington. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to table the joint appointment with the City of Wilmington to the Cape Fear Public Utility Authority to allow time for the Board to meet with the City of Wilmington to implement a joint-appointee appointment process. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the New Hanover County Adult Care Home Community Advisory Committee Chairman Barfield reported that vacancies need to be filled on the New Hanover County Adult Care Home Community Advisory Committee with one applicant eligible for reappointment for the Board's consideration. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to reappoint Sandra Oglesby to serve a three-year term on the New Hanover County Adult Care Home Community Advisory Committee with the term to expire on December 31,2013. Upon vote,the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 103 Appointments to the New Hanover County Board of Health Chairman Barfield reported that four vacancies need to be filled on the Board of Health in the General Public, Optometrist,Physician and Veterinarian categories. Three applicants are eligible for reappointment and four applications are available for the Board's consideration. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield,to reappoint Robert E. Lewis in the General Public category, Dr. Michael Goins in the Optometrist category, Dr. Robert M. Shakar, Jr. in the Physician category and appoint Dr. Melody Speck Evans in the Veterinarian category to serve three-year terms on the Board of Health with the terms to expire on December 31, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Nursing Home Community Advisory Committee Chairman Barfield reported that vacancies need to be filled on the New Hanover County Nursing Home Community Advisory Committee with two applications available for the Board's consideration. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to appoint Glenn L Burdick and Tamara Parker to serve one-year terms on the New Hanover County Nursing Home Community Advisory Committee with the terms to expire on December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Tourism Development Authority Chairman Barfield reported that four vacancies need to be filled on the New Hanover County Tourism Development Authority in the Chamber of Commerce category, Kure Beach Hotel Owner/Manager category, Tourist Attraction category, and Wrightsville Beach Hotel Owner/Manager category with two applicants eligible for reappointment and two applications available for the Board's consideration. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Carl B. Marshburn in the Tourist Attraction category, Anne Marie Hartman in the Wrightsville Beach Hotel Owner/Manager category and appoint Sabina C. Newman in the Chamber of Commerce category and Anne E. Brodsky in the Kure Beach Hotel Owner/Manager category to serve three-year terms on the New Hanover County Tourism Development Authority with the terms to expire on December 31, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. ADDITIONAL AGENDA ITEM APPROVAL OF REQUEST TO AMEND THE CONTRACT WITH R3 ENVIRONMENTAL EXTENDING THE TRANSITION PERIOD AND SCHEDULED OPERATIONS COMMENCEMENT DATE BY NINETY DAYS County Manager Bruce Shell presented the request by R3 Environmental to amend the contract extending the transition period and scheduled operations commencement date by ninety days. According to R3 Environmental additional time is needed to obtain the necessary permits from the North Carolina Department of Environmental and Natural Resources to allow them to assume operations before the current Schedule Operations Commencement date of January 2, 2011. There have been circumstances related to Tropical Storm Nicole which has caused questions and the time extension will bring the necessary time it will take to bring it all together. Commissioner Catlin stated that the pre-existing environmental conditions were perhaps a legitimate request for an extension but voiced concern about the delay in not getting permits in place according to the contract terms. Commissioner Davis stated that he was not in favor of extending the contract when the County went out on a limb to go with R3 and now they are requesting extensions. Vice-Chairman Thompson stated that he believes that R3 representatives may have overpromised and cautioned them,that short of an act of God,he would not be willing to approve any additional extensions. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve the request to amend the contract with R3 Environmental extending the transition period and scheduled operations commencement date by ninety days as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. ADJOURNMENT There being no further business, Chairman Barfield moved to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 20,2010 PAGE 104 Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the meeting at 11:15 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.nhggov.com/NHCLive or www.nhcgov.com/pgges.BOC/asps