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2011-06-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 205 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 2011, at 6:00 p.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 Floyd Morris with The Pentecostals of Wilmington provided the invocation. Vice-Chairman Thompson 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. Commissioner Catlin requested Consent Agenda Item 4—Adoption of Resolution Awarding Contract to Interim HealthCare of the Eastern Carolinas,Inc.to Provide In-Home Aide Services and Consent Agenda Item 8 — Approval of New Hanover County Board of Education Capital Outlay Fund Budget Amendment #7 be removed for discussion. Hearing no comments, Chairman Barfield called for a motion to approve the remaining items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the remaining items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the following minutes as presented by the Clerk to the Board. Agenda Review Meeting held on May 12,2011 Special Meeting held on May 12, 2011 Special Meeting held on May 13, 2011 Regular Meeting held on May 16, 2011 Work Session Meeting held on May 16, 2011 Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Addenbury Court in New Hanover County to the State Road System (Division File No. 1169-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 9.1. Adoption of Resolution Returning Assets and Equipment Purchased with Public Health Response Surveillance Team Grant Funds—Finance Department The Commissioners adopted the resolution returning assets and equipment purchased with Public Health Response Surveillance Team grant funds. FY 2011 is the last year for this grant and the Public Health Response Surveillance Team is transitioning from county level to regional level with the requirement that any property purchased be returned to the funding agency;the associated three positions will be eliminated. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 9.2. Acceptance of 2009 Port Security Grant Program Award to Sheriff's Office for the Purchase of a 2012 Crew Cab Truck and Adoption of Budget Ordinance Amendment 11-256—Sheriff's Office The Commissioners, on behalf of the Sheriffs Office, accepted 2009 Port Security Grant funds for the purchase of a 2012, 4 X 4 Crew Cab truck, in the amount of$31,334 and adopted Budget Ordinance Amendment 11-256. The required local match in the amount of $10,445 will be designated from the Sheriffs Office Administrative Reserve Fund for a total project cost in the amount of$41,779. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 9.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 206 Ratification of Submission of Grant Application to the United States Department of Justice Coverdell Forensic Science Improvement Grant—Sheriff's Office The Commissioners, at the request of the Sheriff's Office, ratified the submission of a grant application to the United States Department of Justice Coverdell Forensic Science Improvement Grant in the amount of$50,005. If awarded, the funds will be used to purchase forensics software and cover training for one year. The software is the same type that the State Bureau of Investigation uses and will aid in obtaining accreditation for the Crime Scene Investigation Unit. There is a Senate Bill pending in the General Assembly that if passed will require accreditation of CSI Units. No local match is required. 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 April 30,2011: 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 XXXIV,Page 9.4. REGULAR ITEMS OF BUSINESS CONTINUATION OF REQUEST TO ADOPT RESOLUTION AWARDING CONTRACT TO INTERIM HEALTHCARE OF THE EASTERN CAROLINAS,INC. TO PROVIDE IN-HOME AIDE SERVICES Vice-Chairman Thompson reported that he and Commissioner Catlin have met with staff and have received additional information concerning the request from Senior Resources to provide In-Home Aide Services and suggested continuing the item until the Board's June 20, 2011 meeting to allow the other commissioners to hear the additional information. Hearing no further discussion, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to continue the consideration of request to award the contract for providing In-Home Aide Services to Interim HealthCare of the Eastern Carolinas,Inc.until the Board's June 20,2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. APPROVAL OF NEW HANOVER COUNTY BOARD OF EDUCATION CAPITAL OUTLAY FUND BUDGET AMENDMENT#7 In response to Board questions, New Hanover County Schools Superintendent Dr. Tim Markley, Finance Director Mary Hazel Small,and Assistant Superintendent Bill Hance provided an overview of the request to approve New Hanover County Board of Education Capital Outlay Fund Budget Amendment #7. The budget amendment transfers funds within the Schools Capital Outlay Fund. There is no change in the fund total nor is the original scope of work changed. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve New Hanover County Board of Education Capital Outlay Fund Budget Amendment #7. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is available for review in the Budget Department. RECOGNITION OF NEW HANOVER COUNTY BOARD OF EDUCATION MEMBER ELIZABETH REDENBAUGH RECIPIENT OF THE 2011 JOHN F.KENNEDY PROFILE IN COURAGE AWARDTM Chairman Barfield led the Board in recognizing New Hanover County Board of Education member Elizabeth Redenbaugh as a recipient of the John F. Kenney Profile in Courage Award. Ms. Redenbaugh received the award for standing up against what she perceived as racial segregation in school redistricting plans. PUBLIC HEARING ON FY2011-2012 RECOMMENDED BUDGET Chairman Barfield reported that the Board will hold a public hearing on the FY2011-2012 Recommended Budget and requested a motion to open the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to open the Public Hearing to receive comments concerning the FY2011-2012 Recommended Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Requests from Non-County Agencies and Public Comments The Board received comments from the following people: • Anne Card, 611 Lorraine Circle, spoke on her concern of the elimination of school library clerk positions and requested the Board allocate the proposed 1% merit increase for New Hanover County employees to New Hanover County Schools for the school library clerk positions. • Gene Rivenbark,Keep America Beautiful,thanked the Board for past support and requested the Board continue funding in the amount of$15,000. Airlic Foundation is willing to partner with them to fund NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 207 the part-time coordinator position. • Tufanna Thomas,Blue Ribbon Commission,thanked the Board for their past support of their program. • Ben McCoy, 4240 Wilshire Boulevard, voiced his concern on economic development funding that is included in the recommended budget. • Bradley Coxe, American Red Cross, requested the Board reconsider and allocate funding in the amount of$10,000. Budget Presentation for New Hanover County School System New Hanover County Schools Superintendent Dr. Tim Markley provided an overview of the academic and organizational successes that has been realized during the past year. He requested the Board restore funding to the FY2009-2010 amount which is an additional $1 million for operating expenses and $750,000 in additional funding for capital improvements. Budget Presentation for Cape Fear Community College Cape Fear Community College President Dr. Eric McKeithan provided an overview of the history and future needs of the college stating that he was concerned that maintenance has been deferred due to lack of funding. He expressed appreciation to the Board for their continued support. After a brief question and answer period and hearing no further comments, Chairman Barfield closed the Public Hearing. PUBLIC COMMENT AND DENIAL OF LEASE AGREEMENT AMENDMENT WITH NEW HANOVER REGIONAL MEDICAL CENTER MANAGEMENT Chairman Barfield reported that New Hanover Regional Medical Center (NHRMC) is owned by New Hanover County. The County leases the facilities to the NHRMC Corporation and the County Commissioners appoint the New Hanover Regional Medical Center Board of Trustees. The Board of Trustees supports the management agreement with Charlotte-Mecklenburg Hospital d/b/a Carolinas HeathCare System(CHS). The lease agreement would require amendment to allow CHS to manage the hospital. The Board received public comment as to whether the Lease Agreement should be amended. The following people offered comments: • Richard Manning,205 Lake Forest Parkway, spoke in opposition to the proposed agreement with Carolinas HealthCare System requesting the Board keep the current system in place. • Dr. Virginia Adams, NHRMC Board of Trustees, spoke in support to the proposed agreement with Carolinas HealthCare System stating that the partnership will give NHRMC nurses a tremendous opportunity for best practices collaboration. • Gerald Honker, 1431 Robert E. Lee, spoke in opposition to the proposed agreement with Carolinas HealthCare System stating that there will be nothing to benefit the people of New Hanover County with the proposed partnership. • Gabby Pike, NHRMC pediatric nurse, spoke in support of the proposed agreement with Carolinas HealthCare System. • Dr. George Van Huf coon,NHRMC Board of Trustees and Chief of Staff, spoke in support of the proposed agreement with Carolinas HealthCare System highlighting the cost savings and continued quality care. • Leslie Kessler, NHRMC physical therapist, spoke in support of the proposed agreement with Carolinas HealthCare System highlighting the benefits the proposed partnership will offer in collaboration. • David Sims, NHRMC Board of Trustees Chairman, spoke in support of the proposed agreement with Carolinas HealthCare System highlighting that the Board of Trustees unanimously approved the proposed partnership. The advantages include cost savings, access to best quality practices, and access to consultants. NHRMC will remain the County's hospital and the Board of Trustees will continue oversee operations. • Jack Barto, President and CEO of NHRMC,presented an overview of the request highlighting that service and quality care will remain the focal point and local control will be maintained. The proposed management agreement is an attempt to be proactive. • Dr. Neil Musselwhite, NHRMC Board of Trustees, spoke in support of the proposed agreement with Carolinas HealthCare System. • Billy King, 329 Fox Hollow Court, spoke in opposition to the proposed agreement with Carolinas HealthCare System stating that it will add another layer of management to health care. • Robert G. Greer, former New Hanover County Commissioner and current NHRMC Board of Trustee, spoke in support of the proposed agreement with Carolinas HealthCare System highlighting that it will not add another layer of bureaucracy. The same people will continue to operate the hospital but the management agreement will assist in addressing future health care industry changes. Hearing no further comments, Chairman Barfield requested direction from the Board. Commissioner Catlin voiced his concern about the proposed contract terms relating to termination of the agreement and the requirement that the top NHRMC management will become employees of CHS; this feels like a slow-motion sale of the hospital. He does not support the contract as written,but is willing to leave the door open for a compromise with CHS that does not require such a high level of integration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 208 Commissioner Davis stated that he has requested the contract terms be changed from"unanimous vote" to "majority vote" not"supermajority vote." He prefers to keep the control local and does not support the contract as proposed. Vice-Chairman Thompson voiced his concern that he feels that CHS has been less than forthcoming with answers to questions and that the proposed contract is one sided to the advantage of CHS. He stated that a management agreement may be needed but he does not support the proposed agreement with CHS. Commissioner Berger stated that he was inclined to support the agreement but voiced his concern about the language relating to potential termination of the agreement. Chairman Barfield stated as a member of the NHRMC Board of Trustees he supports the management agreement. He knows that the proposed management agreement is the right thing to do, and at the right time. The impact of the Board's decision may not be felt today but it will be felt in the future urging his fellow Commissioners to be visionary and look long-term, if not, eventually property taxes will need to be raised to cover renovations and on-going operations because the hospital is not financially viable. In response to Board questions, County Manager Bruce Shell voiced his concern about the proposed management agreement as it is written putting the county in the weaker position. He urged the Board to continue working on the terms of the agreement to the County's benefit. In response to Board questions, County Attorney Wanda Copley stated that it was her job to provide the legal perspective and answer questions to allow the Board to make the decision of whether the lease amendment would be in the County's best interest. In response to Board questions, former County Commissioner and current NHRMC Board of Trustee Robert G. Greer, reiterated his support of the proposed agreement and urged the Board to continue to work out the legal issues in the agreement to the benefit of all parties. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Davis, to deny amending the County's current lease agreement with NHRMC. Upon vote, the MOTION CARRIED 4 TO 1. Chairman Barfield voted in opposition. BREAK Chairman Barfield called for a break from 8:05 p.m.until 8:20 p.m. CONTINUATION OF PUBLIC HEARING AND CONDITIONAL REZONING REQUEST BY HOLMAN & LACKEY, ON BEHALF OF MASONS LANDING YACHT CLUB,LLC, TO MODIFY AN APPROVED CONDITIONAL USE PLAN FOR MASONS LANDING YACHT CLUB AND REMOVE 4.19 ACRES OR EIGHT LOTS FROM A 14.565-ACRE TRACT APPROVED FOR AN R-20 PERFORMANCE RESIDENTIAL DEVELOPMENT LOCATED AT 7312 MASON LANDING ROAD TO THE BOARD'S JULY 11,2011 MEETING(Z-838M,05111) Assistant County Attorney Sharon Huffman reported that due to the death of Wright Holman,partner with Holman &Lackey, the Petitioner and County staff are requesting the Board continue the request until the Board's July 11, 2011 meeting. In response to Board questions, Josh Mihaly, exclusive agent for Petitioner Steve Saied, reported that they support the request for continuance. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to continue the request by Holman&Lackey, on behalf of Masons Landing Yacht Club, LLC to modify an approved conditional use plan for Masons Landing Yacht Club and remove 4.19 acres, or eight lots, from a 14.565-acre tract approved for an R-20 Performance Residential Development located at 7312 Mason Landing Road to the Board's July 11, 2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF REQUEST BY GENE HOOTON, ON BEHALF OF PLANTATION VILLAGE, INC., FOR A SPECIAL USE PERMIT TO OBTAIN THE CONTINUING CARE RETIREMENT COMMUNITY DESIGNATION IN AN R-20 ZONING DISTRICT ON APPROXIMATELY 55.51 ACRES AT 1200 PORTERS NECK ROAD (S-603,05/11) Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Nicole Dreibelbis NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 209 Gene Horton Jack Barnes Current Planner Nicole Dreibelbis reported that Gene Hooton, on behalf of Plantation Village, Inc., is requesting a Special Use Permit to obtain Continuing Care Retirement Community(CCRC) designation in an R-20 Zoning District on approximately 55.51 acres located at 1200 Porters Neck Road and presented a slide overview of the request. In 2008, the County adopted new development standards for Senior Living Options that include the concepts of Independent Living, Continuing Care Community, Assisted Living/Personal Care Facility and Nursing Home/Rehabilitation Center. Consequently, prior to 2008, several older senior-only developments operate under special use permits for Nursing and Personal Care Facility even though the actual use is neither; Plantation Village falls into this category. It was originally approved in 1983 under 5-211 and amended several times. Plantation Village now wishes to take advantage of the county's new standards and is requesting a new permit that more accurately classifies their use and provides for future planned improvements. If approved, the existing 5-211 designation will be replaced by 5-603. At the Planning Board's May 5, 2011 meeting, they voted 5-0 to recommend granting the special use permit with two people expressing concern about storm water runoff. Chairman Barfield requested the Petitioner make their presentation. Jack Barnes,Plantation Village, spoke in favor of the request for the new designation. Gene Horton, Greenbriar Development,presented an overview of the request highlighting that the County's new zoning will allow the project to be completed and presented a slide overview of the proposed project. Chairman Barfield reported that no one from the public signed up to speak in favor of, or in opposition to, the request. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve the request by Gene Hooton, on behalf of Plantation Village, Inc., for a Special Use Permit to obtain the Continuing Care Retirement Community (CCRC) designation in an R-20 Zoning District on approximately 55.51 acres located at 1200 Porters Neck Road concluding that the findings are positive. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 36.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY THOMAS H. JOHNSON, ON BEHALF OF AMERICAN TOWERS, INC. AND AT&T MOBILITY, FOR A SPECIAL USE PERMIT TO INSTALL A 90-FOOT TELECOMMUNICATIONS TOWER IN AN R-15 ZONING DISTRICT LOCATED AT THE END OF MABEE WAY(S-604,05/11) Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Nicole Dreibelbis Thomas Johnson Jason Groseclose Graham Herring Current Planner Nicole Dreibelbis reported that Thomas H. Johnson, Jr., on behalf of American Towers, Inc. and AT&T Mobility, is requesting a Special Use Permit to install a 90-foot telecommunications tower in an R- 15 Zoning District located at the end of Mabee Way and presented a slide overview of the request. The site is classified as Transition on the 2006 CAMA land use plan. At the Planning Board's May 5, 2011 meeting, they voted 5-0 to recommend approval of the special use with the following two conditions: (1) mutual rescinding of the lease agreement of 225 Mabee Way between American Tower and the New Hanover County Board of Education; and (2) request by the Board of Education to cancel 5-595. No one from the public spoke on this item. Chairman Barfield requested the Petitioner make their presentation. Thomas Johnson, Attorney with Nexsen Pruet, on behalf of American Towers, Inc. and AT&T Mobility presented an overview of the request highlighting that they agree with the findings of facts and the two conditions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 210 The tower height will be limited to 90 feet and the nearest resident is approximately 700 feet. The proposed project will require two acres out of approximately 100 acres. The Trask family owns the property with no determination of future use;the property is currently zoned R-15. In response to Board questions, Senior Planner Jane Daughtridge reported that if the Trask Family wishes to modify the R-15 zoning they would have to come back to the Board to modify the Special Use Permit. Chairman Barfield asked if anyone from the public wished to speak in favor of, or in opposition to, the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. In response to Board questions, Attorney Johnson confirmed that they agree with findings of facts and two conditions as were presented by staff. A study has revealed that there are no existing towers for potential co- location to provide service for the area. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by Thomas H. Johnson, Jr., on behalf of American Towers, Inc. and AT&T Mobility,for a Special Use Permit to install a 90-foot telecommunications tower in an R-15 Zoning District located at the end of Mabee Way concluding that the findings are positive. Assistant County Attorney Sharon Huffman clarified that the Board is being requested to include the two conditions as presented by staff. Amended Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by Thomas H. Johnson, Jr., on behalf of American Towers, Inc. and AT&T Mobility, for a Special Use Permit to install a 90 foot telecommunications tower in an R-15 Zoning District located at the end of Mabee Way concluding that the findings are positive with the following two conditions: (1) mutual rescinding of the lease agreement of 225 Mabee Way between American Towers and the New Hanover County Board of Education;and(2) request by the Board of Education to cancel 5-595. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 36.2. PUBLIC HEARING AND APPROVAL OF REQUEST BY WILLIAM LADNEY TO CLOSE AN UNNAMED ROAD NEAR THE 8500 BLOCK OF BALD EAGLE LANE(SC-89,03/11) Chairman Barfield requested a motion to open the Public Hearing. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to open the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested staff to make the presentation. Subdivision Review Planner Sam Burgess presented the request by William Ladney to close an unnamed private road near the 8500 block of Bald Eagle Lane. The road proposed to be closed has an unimproved right-of- way width of 20 feet and an approximate length of 520 feet. As required by North Carolina General Statute 153-A- 241 a Resolution of Intent to close the road was adopted by the Board of County Commissioners at their April 18, 2011 meeting. The unimproved road is adjacent to parcels of land that front either on Bald Eagle Lane or Karsten Creek Way. Karsten Creek Way is part of the Porters Neck Plantation subdivision. According to the petitioner, use of the road is non-existent except for the property owners of lots 31 and 32 with the lot owners signing the petition to have the road closed. According to County Fire Services, emergency access should not be an issue if the road were closed. This road segment was a part of a rectangular unimproved road configuration that was created in April, 1955. The petitioner indicates that if the road were closed, the additional property gained of approximately ten feet may provide sufficient area to build a carport and/or provide access to his backyard. Chairman Barfield requested the Petitioner to make their presentation. William Ladney, 8529 Bald Eagle Lane, presented an overview of the request stating that the road is not used by anyone nor is it used for access. Hearing no further comments, Chairman Barfield requested a motion to close the Public Hearing. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to close the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 6,2011 PAGE 211 Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to approve the request to close the unnamed road near the 8500 block of Bald Eagle Lane as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 9.5. APPROVAL OF BEACH NOURISHMENT CONTINGENCY PLAN County Engineer Jim Iannucci presented the request for the Board's consideration to approve the Beach Nourishment Contingency Plan. The Board is being requested to approve the plan and direct staff to proceed with finalizing the interlocal agreement for beach nourishment with the towns of Carolina Beach, Kure Beach and Wrightsville Beach and to begin contract negotiations for Option 1 to include permitting of all three beach nourishment projects and a locally funded reevaluation report to support the reauthorization of the Carolina Beach project. These measures will allow the three nourishment projects to continue receiving the maximum amount of Federal funding available while protecting the interests of the County and beach towns in the event of funding shortfalls. Chairman Barfield requested direction from the Board. Commissioner Catlin presented an overview of the Plan and suggested staff work with CPE to make minor modifications to the New Hanover County Beach Nourishment Contingency Plan Executive Summary to make it more closely match the recommendations in the Plan. In response to Board questions, Port, Waterway, and Beach Commission Chairman H. Layton Bedsole confirmed that having a contingency plan in place would guide the County in the quickest route if Federal funding falls short,or is lacking. Hearing no further comments, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to direct staff to: 1) work with CPE to make minor modifications to the Executive Summary for the Board's consideration at their June 20, 2011 meeting; 2)negotiate the contract and fees for services to obtain the necessary permits for the Board's consideration at their July 11, 2011 meeting; and 3)finalize the interlocal agreement for beach nourishment with Carolina Beach, Kure Beach and Wrightsville Beach for the Board's consideration at their July 11, 2011 meeting. 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 comments were presented. ADDITIONAL AGENDA ITEM OF BUSINESS UPDATE ON TITAN ISSUE Chairman Barfield reported that he had a discussion with Governor Perdue concerning the permitting for the Titan Cement Plant with the Governor stating that she is waiting on the science to determine what will happen next. Until then,no further action will be taken by her office. Chairman Barfield adjourned the meeting at 9:12 p.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.nhggov.com paQes.BOC/asps