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2013-04-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 602 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 22, 2013, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Woody White: Vice-Chair Beth Dawson: Commissioner Jonathan Barfield, Jr.: Commissioner Brian M. Berger:and Commissioner Thomas Wolfe. Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schuh. MOMENT OF SILENCE,PLEDGE OF ALLEGIANCE,AND RECOGNITION OF TEACHERS VISITING FROM STRASBOURG,FRANCE A moment of silence was observed in memory of the victims of the bombing in Boston Massachusetts at the Boston Marathon on Patriot's Day, April 15, 2013. Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. Chairman White recognized five teachers from Strasbourg, France that were in attendance. The teachers are visiting with forty-three students and staying with families whose children attend local middle and high schools. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda noting that by consensus of the Board, at the Agenda Review meeting on Thursday, April 18, 2013, Consent Agenda Item 2—Adoption of Resolution in Support of the North Carolina Film and Television Industry was pulled to be read into the record as Regular Agenda Item 10b. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve Consent Agenda Items 1 and 3-7 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the Agenda Review Meeting held on April 4, 2013 and Regular Meeting held on April 8, 2013 as presented by the Clerk to the Board. 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-Finance The Commissioners adopted the resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of refinrding bonds for New Hanover Regional Medical Center. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 6.1. Adoption of Speech and Language Day for the Ritecare R Clinics of the Scottish Rite Masons for the Valley of Wilmington,North Carolina Proclamation—County Manager The Commissioners adopted the proclamation naming Wednesday, April 24, 2013 as Speech and Language Dav for the RiteCare R',Clinics of the Scottish Rite Masons. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 6.2. Approval of 21 Objects to be Deaccessioned from the Museum Collection-Museum The Commissioners approved the list of riventy-one objects to be deaccessioned from the Cape Fear Museum Collection. A copy of the list is available for review at the Cape Fear Museum. 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 March 31,2013: New Hanover Count-ti-Fire District New Hanover Count-V Copies of the reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 6.3. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2013: 13-188-Tax Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 603 13-193 - Sheriffs Office 2013-64-Finance Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 6.4. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Chris Coudriet requested the following employees to step foiNvard to receive their retirement awards: • Robert Bowen—Information Technology with 31 years of sei ice • Deborah Carter—Sheriffs Office with 19 nears of sei ice On behalf of the Board, Chairman White presented a retirement award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive sei ice awards: Five Year: Martha Valdiri-Health Department Ten Year: Matthew Davis-Fire Sei ices Gina Herring-Elections LaVauglm Nesmith-Department of Social Sei ices Steven Person-Communit-v Justice Sei ices Donna Seal-Budget Department Fifteen Year: Renee Hall-Department of Social Sei ices Douglas Peny- Sheriffs Office Twenty Year: Kathy Bundy-Health Department Pamela Cooke-Health Department Twenty-five Year: Stephanie Career-Library Ruby Cromartie-Property Management Jan Kavanaugh-Sheriffs Office On behalf of the Board, Chairman White presented a sei ice award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. RECOGNITION OF NEW EMPLOYEES County Manager Chris Coudriet requested the following new employees to stand and be introduced: Soccorro Costa—Department of Social Sei ices Diane Ferrara—Department of Social Sei ices Susan Fowler—Finance Randy Garrett—Enviromnental Management Scott Gordon—Property Management Daulton Hollis—Environmental Management Brooke Sumner—Health Department Misti Campbell—Social Sei ices On behalf of the Board, Chairman White welcomed the employees to County Government and wished them success in their new positions. RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD County Manager Chris Coudriet recognized and congratulated the Budget Department for receiving the Distinguished Budget Presentation Award for the 22nd consecutive year from the Government Finance Officers Association of the United States and Canada. Chairman White, on behalf of the Board,thanked Budget Director Cam Griffin and staff for their continued excellence and presented them with the award. ADOPTION OF PROCLAMATION DECLARING MAY 4-12,2013 AS TRAVEL AND TOURISM WEED IN NEW HANOVER COUNTY Wilmington and Beaches Convention and Visitors Bureau CEO Kim Hufham presented the request for the Board's consideration to adopt the proclamation declaring May 4-12, 2013 as Travel and Tourism Week in New Hanover County and was present to receive the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 604 Commissioner Wolfe read the proclamation into the record. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to adopt the proclamation declaring May 4-12, 2013 as Travel and Tourism Week in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 6.5. ADOPTION OF RESOLUTION IN SUPPORT OF THE NORTH CAROLINA FILM AND TELEVISION INDUSTRY Vice-Chair Dawson presented the request for the Board's consideration to adopt the resolution in support of the North Carolina Film and Television hrdustiv and read the resolution into the record. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the resolution supporting the North Carolina Film and Television Industiv 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 XXXVI,Page 6.6. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 22-28, 2013 AS PUBLIC SAFETY TELECOMMUNICATORS WEEK IN NEW HANOVER COUNTY AND PRESENTATION OF THE NEW HANOVER COUNTY TELECOMMUNICATOR OF THE YEAR AWARD TO MEGAN HETTINGER Emergency Management and 911 Communications Director Warren Lee presented the request for the Board's consideration to proclaim April 22-28, 2013 as Public Safety Telecommunicators Week in New Hanover County and was present to receive the proclamation. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Berger, to adopt the proclamation recognizing April 22-28, 2013 as Public Safety Telecommunicators Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Director Lee announced that the New Hanover Comit-v Telecommunicator of the Year Award for 2013 is being presented to Telecommunicator Megan Hettinger. On behalf of the Board, Chairman White presented Ms. Hettinger with the award and thanked her for her sei ice to New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 6.7. CAPE FEAR MUSEUM ADVISORY BOARD ANNUAL UPDATE Cape Fear Museum Ads-ismy Board member Tucker Stevens presented the annual update highlighting the following: • Cape Fear Museum of History and Science: • Collecting and preset ing: • More than 52,000 artifacts in collection • Consei ing Civil War-era artifacts • Community Partnerships: • UNCW, CFCC • Area Schools • NC Grassroots Science • Area museums • NC Coastal Land Trust • NOAA • Local media • New Hanover Comit-v • City of Wilmington • Time Warner Cable • GE Hitachi • Coming,hrc. • International Paper • Landfall Foundation • Eshelman Foundation • Wachovia-Wells Fargo • Enhance Classroom Learning: • 14,000 school children • 45%increase in five nears • Museum programs meet curriculum standards NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 605 • Upcoming Exhibits include: • Attack of the Blood Suckers! • Nano • Mail Call • Family and Community Programs: • Leaming Center • Cape Fear Skies • Adult programs • Stormfest • Night at the Museum • Science Spooktacular • Mvstery at the Museum • North Carolina Star Paid • Fiscal Year 2013 Accomplishments: • Newsome Award—artifact conservation • First grant finded school program • North Carolina Star Paity— 1,000+in attendance • Selection for Yale Institute • Preparing for the firture: • Revising Strategic Map • Resources focused on findraising • Expanding partnerships • Transforming grounds: • Attract • Educate • Valuable Community Resource: • Visit the Museum • Volunteer • Become a member • Become a supporter Hearing no comments, on behalf of the Board, Chairman White thanked Mr. Stevens for the update. NEW HANOVER SOIL AND WATER CONSERVATION DISTRICT ANNUAL UPDATE New Hanover Soil&Water Conseivation District Chairman Bill Hart and Director Diu Harrison presented the following amoral update: • Supeivisors: • William J. `Bill'Hart, Chairman-Elected • Steve Skavroneck,Vice-Chairman-Elected • Donna Moffitt,Treasurer/Secretaiv-Appointed • Arthur Brownell,Member-Elected • Sue Hayes,Member-Appointed • The mission of the District is to protect and enhance water quality throughout New Hanover County through land conservation, storm water management, techuiical support to citizens and organizations and conservation education and outreach activities. • How your District Works: • General Statue 139.1-139.357(not a non-profit organization) • Created by a majority vote of the New Hanover County citizens to implement voluntaiv, incentive-based conservation practices on private and public lands. • Operates on three levels of fiscal and physical support: • Local/County • State • Federal New Hanover Soil & Water Conseivation Director and Community Conseivationist Diu Harrison continued presenting the following information: • Seivices: • Technical Assistance • Cost Share Programs • Education and Outreach • Land Acquisition and Management • Cost Share Programs: • Community Conseivation Assistance Program in the amount of$4,500 • Agriculture Cost Share Program in the amount of$20,000 • CCAP Best Management Practices: • Rain gardens,wetlands,pet waste receptacles,marsh sill,vegetative cover, cisterns and biorention NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 606 areas • Community Education and Outreach Programs: • School Programs • Pet Waste Education • Monthly Rain Barrel and Compost Bin Sales • Communit-v Events • State,Regional and Local Committees • Summer Camps • FY 2012-2013 County Support: $40,000 out of an annual budget of$108,500;for each$1 the County prop-Ides, the District prop-Ides$2.61 • FY 2013-2014 Goals: • Complete Outdoor Classrooms at rivo NHC public schools to kick off the major initiative of creating and maintaining outdoor classrooms at all NHC public schools. • Strengthen outreach programs so citizens have a better understanding of how their actions affect soil and water resources. • Make best possible use of fiords, such as CCAP and Ag Cost Share,provided to assist private and public landowners install proven stormivater management facilities. Hearing no comments, on behalf of the Board, Chairman White thanked Mr. Hart and Ms. Harrison for the update. NEW HANOVER COUNTY AIRPORT AUTHORITY ANNUAL UPDATE New Hanover County Airport Authority Chairman Dr. Charles Kays presented the following Managing Our Future annual update: • Airport Planning Trends: • Cost of firel at$100 barrel limits airline growth • Airline consolidation: nine airline sN-stems in United States • Airline capacity down: retirement of over 900—50 seats RJs by 2017 • Airline focus: increased revenues and reduced costs • Access to air seivice: not always at local airport • Global air seivice access • ILM is a County and Regional Asset: • Fourth largest airport in North Carolina • Major gateway to Southeast North Carolina • A vibrant,customer focused organization;well respected in the region • Seives approximately 800,000 passengers and 350,000 other guests • Economic impact: $641,463,200 • Employment impact: 3,483 jobs • Payroll impact: $184,069,900 • Property tax impact of GA Aircraft and property: $653,200 • Operational Update: • Challenges: American ceased operation to Chicago; Allegiant ceased operation to Orlando • Rewards: rivice daily seivice to DCA: third daily flight to NY LGA: 50%of IL,M departures now dual class:improved schedules; maintained competitive air fares • Southeast Region Average Fares for 2012: IL,M ranked 31'r out of 72 • IL,M Catclnnent Area: 839,733 population • ILM's Top Destinations: • New York • Orlando • Philadelphia • Atlanta • Chicago • Washington DC • South Florida • Boston • Dallas/Fort Worth • Los Angeles • Focus on Enhancing Customer Seivices: • TSA checkpoint upgrade • Enhanced greeting area • More restaurant offerings post security • 312 space credit card parking • Improved hospitality and volunteer program • FAA certification • Energized our social media—Twitter and Facebook • Facility Improvements in 2012: • 750' rumvav 17 extension NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 607 • LED taxiway lights • New passenger boarding bridge at Gate 7 • GA hangar development(Air Wilmington) • Secondaiv water source for airport • First airport certified by Green Plus • $8.9 million investment • Federal Funding: $8.8 million programmed for FY2013 for development • 2013 Revenue: • Parking 39% • Aviation 22% • Rental Cars 14% • General Aviation 8% • Business Park 7% • Food and Beverage Concessions 2% • Terminal Advertising 2% • Other 6% • ILM Business Park is open for business • Veterans Affair Clinic opened in March 2013 • On the Horizon for 2014: • Preseive current air sei ice • Recruit air sei ice to Chicago and South Florida • Obtain Free Trade Zone status • Market Wilmington and southeast North Carolina as a destination • Terminal capacity study • Flex building and hotel in business park • New rental car maintenance centers • 17-35 Runwav overlay Hearing no firrther comments,on behalf of the Board, Chairman White thanked Dr.Kays for the update. BREAK Chairman White called for a break from 10:18 a.m.until 10:31 a.m. ADOPTION OF BUDGET ORDINANCE AMENDMENT 13-198 APPROVING FUNDING FOR CAPE FEAR COMMUNITY COLLEGE TO REPAIR AND RECTIFY TWO MAJOR BUILDING CONCERNS Cape Fear Community College (CFCC) Finance Officer Camellia Rice presented the request for the Board's consideration to adopt Budget Ordinance Amendment 13-198 to allocate finding for the following major repair projects: • Mold/mildew eradication in the amount of$600,000 in the McLeod Building:and • Replacement of hot water boilers in the amount of$47,781 in the McLeod Building Due to the serious mold and mildew problem, employees and their operations have been moved from the building. The boilers are requested to be replaced since wind causes the flames from the boilers to roll out of the sides of the boilers creating a hazard. County Manager Chris Coudriet reported that both projects were requested as part of the FY13-14 budget process,but it seemed appropriate due to the severity and impact on operations, that the projects should be done this fiscal year. The request is to adopt Budget Ordinance Amendment 13-198 approving the transfer of Fund Balance in the amount of$647,781 to increase the FY12-13 contribution to CFCC so the work on the projects can be completed this fiscal year. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt Budget Ordinance Amendment 13-198 transferring Fund Balance in the amount of$747,781 to increase the FY12-13 contribution to the Cape Fear Community College for the projects as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 6.8. APPROVAL OF CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY/WAVE FUNDING REQUEST Finance Director Lisa Wurtzbacher presented the request from the Cape Fear Public Transportation Authority/Wave (Wave) for the City of Wilmington and County to split finding a line of credit in the amount of $400,000. The County supports Wave annually with amounts ranging between $150,000 and $250,000 as well as purchasing transportation sei ices for the Department of Social Sei ices. Wave was established without a cash reserve. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 608 Wave faces a cash floe issue in that much of the state and federal money received by Wave is on a reimbursement basis. At the end of fiscal year 2012, Wave had unrestricted net assets ($292,110) and had cash in the amount of$46,023. To address the issue of recouping their operating deficit and building up a reserve of cash that would assist in alleviating the cash flow issues they have created other sources of revenues such as advertising revenues,vending machine revenues,and Greyhound revenues. In reviewing the cash flow projections prepared by Wave. the County feels that a$266,667 advance of cash is justified that should be split between the County and the City of Wilmington. f a sufficient amount of credit is extended to Wave through this option, they can continue operating while working to build up an adequate reserve. If this option is approved, the advanced fiords should be used solely to maintain operations and not for capital improvements. Further, if the County feels these fiords are being mismanaged, the County can choose to discontinue this agreement. City staff is proposing to advance fiords with that amount to be deducted from the amoral allocation amount. Proposed repayments terms for the fiords advanced to Wave will be 120 days of the disbursement of the fiords at no interest. The fiords will be disbursed on a semi-amoral basis and will require documentation of expenditures or what the fiords will be used for. If repayment of loan is not made on time, the County may withhold its amoral contribution from Wave. Staff recommends the Board approve entering into an interlocal agreement with Wave that would allow the County to advance the fiords in the amount of$133,333 to be repaid within 120 days of the advance at no interest In response to Board questions, Wave Director of Finance and Administration Joseph Minimri stated that cash flow is a recurring problem: in the past they have had to push off vendor payments. Measures such as advertising and Greyhound revenues have been implemented which will hopefirlly assist in solving fixture cash flow problems and start a cash reserve. It takes$650,000 a month to run the buses. In response to Board questions, County Manager Chris Coudriet reported that in the past the County has increased allocations to Wave. He emphasized that it is not his recommendation for this to be an on-going business practice: what is being recommended is a one-time loan. There are structural things that need to be put into effect by Wave. Historically, finding has been level, with last year's finding being appropriated in the amount of $250,000, which was an increase of approximately $100,000 from the prior years: prior year fimding was approximately $132,000. The request for fiords is for anticipated bills that will be received during the May-June timeframe. Commissioner Barfield voiced his concern about the salary increases that were approved for Wave management during tough economic times and when they were rumung in a budget deficit stating that Wave needs to learn to operate within their fimding constraints and as a member of the Wave Board that remains one of his priorities. Chairman White voiced his concern that the request did not follow the regular annual budget process. In response to other Board questions, Mr. Minimri reported that the new building was finrded 98% by Federal fiords. The cash flow problem was brought on in part by the spike in firel prices that they were unprepared for and not related to capital expenditures. Level of sei ice changes take approximately 120 days. After brief discussion, Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve entering into an interlocal agreement with Wave allowing the County to advance needed fiords of up to $133,333 to Wave to be repaid within 120 days of the advance at no interest as presented. Upon vote, the MOTION CARRIED 4 TO 1. Chairman White voted in opposition. A copy of the interlocal agreement is available for review in the Legal Department. ADOPTION OF RESOLUTION AWARDING CONSULTING SERVICES TO CDM SMITH, INC. FOR THE DEVELOPMENT OF A COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN AND AUTHORIZATION TO STAFF TO EXECUTE A CONTRACT FOR SAID SERVICES Environmental Management Director Joe Suleyman presented for the Board's consideration the resolution awarding the contract to CDM Smith Inc., for consulting sei ices for the development of a comprehensive solid waste management plan and provided an overview of the sei ices that will be included in the contract. Six consulting firms responded to the Request for Proposals with the two highest scoring firms being interviewed by staff to firrther explore their proposals. Upon completion of the interview process, staff selected one top firm of choice and negotiated the price based upon the level of effort required to achieve the desired service delivery. CDM Smith, Inc.was recommended based upon the consulting firm's evaluation scores, reference checks, national rankings, industry knowledge and proposed approach to the work required to develop a comprehensive plan. The project will consist of two phases of work: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 609 • Phase I will include an evaluation of the current countywide solid waste and recycling programs, community and stakeholder outreach, and an evaluation of waste management strategies, technologies and processes. A Phase I report will be prepared and presented to the Board for review and recommendation:cost in the amount of$89,000. • Phase II will involve the development of a strategic plan based on Board direction and will culminate in a final report and presentation to the Board with recommendations for implementation: cost in the amount of$42,000. • Total cost in the amount of $131,000 with finds available in the Environmental Management Enterprise Fund. After a brief question and answer period and hearing no further comments, Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson,to adopt the resolution awarding the contract to CDM Smith Inc., for consulting sei ices for the development of a comprehensive solid waste management plan and to authorize staff to execute the contract for said sei ices as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Barfield voted in opposition. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 6.9. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Adult Care Home Community Advisory Committee Chairman White reported that vacancies exist on the New Hanover County Adult Care Home Community Advisory Committee with three applications available for consideration and requested nominations from the Board. Commissioner Wolfe nominated Barbara Bany, Cathy Hargett, and Andrea Kelly for appointment. The nomination was seconded by Commissioner Barfield. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to appoint Barbara Bany, Cathy Hargett, and Andrea Kelly to seine one-near terms on the New Hanover Count-ti- Adult Care Home Commiunitti- Advisory Committee with the terms to expire on April 30,2014. Appointments to the Nursing Home Community Advisory Committee Chairman White reported that vacancies exist on the Nursing Home Community Ads-ismy Committee with rivo applicants eligible for reappointment and one new application available for consideration and requested direction from the Board. Commissioner Wolfe nominated John Coble and Robert Shelley for reappointment and Janet Stump for appointment. The nominations were seconded by Vice-Chair Dawson. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint John Coble and Robert Shelley to seine three-year terms on the Nursing Home Community Advisory Committee with the terms to expire on April 30, 2016 and appoint Janet Stump to seine a one-year term on the Nursing Home Community Advisory Committee with the term to expire on April 30,2014. Appointment to the Southeastern Economic Development Commission Chairman White reported that a vacancy exists on the Southeastern Economic Development Commission with one applicant eligible for reappointment and three new applications available for consideration and requested direction from the Board. Commissioner Barfield nominated Nino Saviano for reappointment in the Economic Development Community category. No second was received. Vice-Chair Dawson nominated Edwin L. West, III for appointment in the Economic Development Community category. The nomination was seconded by Commissioner Wolfe. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nomination. Vote Results: The Board voted 4 to 1 to appoint Edwin L. West, III to seine a four-year term on the Southeastem Economic Development Commission in the Economic Development Community category with the term to expire on April 30, 2017. Commissioner Barfield voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 22,2013 PAGE 610 ADOPTION OF RESOLUTION CENSURING COMMISSIONER BRIAN BERGER, ADOPTION OF RESOLUTION AUTHORIZING THE ISSUANCE OF A PETITION IN AMOTION TO REMOVE BRIAN BERGER FROM THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS AND ADOPTION OF RESOLUTION OUTLINING AMOTION HEARING RULES AND PROCEDURE Chairman White introduced the following items for the Board's consideration: • Adoption of a Resolution of Censure of Commissioner Brian Berger:and • Adoption of a Resolution Authorizing the Issuance of a Petition in Amotion to Remove Brian Berger from the New Hanover County Board of Commissioners:and • Adoption of Amotion Hearing Rules and Procedure. County Attorney Wanda Copley reported that based on direction from the Board at their April 8, 2013 meeting, staff prepared a censure resolution and proceeded with the necessary documents to initiate an Amotion proceeding which are available for the Board's consideration. Chairman White entertained a motion to adopt the Resolution Censuring Commissioner Brian Berger. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the Resolution Censuring Commissioner Brian Berger as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. Chairman White read the Resolution Censuring Commissioner Brian Berger into the record. Chairman White presented the Resolution Adopting Amotion Hearing and Rules and PMeedures and Issuing Petition and Setting an Amotion Hearing Regarding Commissioner Brian Berger and entertained a motion to adopt. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the Resolution Adopting Amotion Hearing and Rules and PMeedures and Issuing Petition and Setting an Amotion Hearing Regarding Commissioner Brian Berger. Upon vote, the MOTION CARRIED 3 TO 2. Commissioners Barfield and Berger voted in opposition. Chairman White read the Resolution Adopting Amotion Hearing and Rules and PMeedures and Issuing Petition and Setting an Amotion Hearing Regarding Commissioner Brian Berger into the record. Chairman White presented the Revised Resolution Adopting Amotion Hearing Rules and Procedure and requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the Revised Resolution Adopting Amotion Hearing Rules and PMeedure as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. Commissioner Berger stated that he contested the introduction of the resolution censuring him. Chairman White read the Revised Resolution Adopting Amotion Hearing and Rules and PMeedure into the record. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 6.10. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda with no one presenting items. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 11:22 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com HC'Live or innr.nhcgov.com pages.BOC%aspy