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2008-09-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 456 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 22, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; Deputy County Attorney Kemp Burpeau; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Patrick Hall, Pastor of Cape Fear Free Will Baptist Church, gave the invocation. Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes ? Governing Body The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Session meeting held on September 2, 2008 Emergency Meeting held on September 4, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted a North Carolina Department of Transportation State Road Resolution supporting the addition of Alexis Court in the Crosswinds Subdivision in New Hanover County (Division File No. 1113-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.1. Authorization to Submit a One-Year Grant Application to the North Carolina Department of Insurance for the Senior Health Insurance Information Program ? Department of Aging The Commissioners authorized the Department of Aging to submit a one-year grant application to the North Carolina Department of Insurance, Senior Health Insurance Information Program, in the amount of $4,200. If awarded, the grant will be administered through the Retired and Senior Volunteer Program at the Department of Aging and will fund a weekly counseling clinic from October 2008 through March 2009. No County match is required. Adoption of Resolution Approving a Technical Amendment to Section 6-7, Personnel, Interlocal Agreement with the Cape Fear Public Utility Authority ? Legal Department The Commissioners adopted a resolution approving an amendment to the Interlocal Agreement with Cape Fear Public Utility Authority to make certain clarifications. The amendment adds the clarifying word "individual" to the reference to insurance coverage of former County employees transferred to the Authority. Such wording is consistent with the original understanding and intent of the County. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.2. Approval of a Certified Copy of a Corporate/Municipal Resolution of New Hanover County for Trust Account with First Citizens Bank & Trust Company ? Finance Department The Commissioners approved a Certified Copy of a Corporate/Municipal Resolution of New Hanover County for a Trust Account established with First Citizens Bank & Trust Company. The resolution lists Finance Director, Avril M. Pinder, and Assistant Finance Director, Barbara D. McClure, as authorized representatives of the Corporation/Municipality and allows them the authority to execute all appropriate documents for the Trust. Approval to Establish a Fund for Revolving Loans Program and Adoption of Budget Amendment 09-022 ? Finance Department The Commissioners approved establishing a fund for the revolving loans program created to provide water/sewer service to low-income customers of the Water and Sewer District and adopted Budget Ordinance Amendment 09-022. Loan payments were collected through the water/sewer bills and the accounts have been transferred to the Cape Fear Public Utility Authority for collection through their billing. New Hanover County was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 457 paid in full upon the transfer to the authority. The associated budget ordinance amendment establishes the budget for the Special Revenue Fund to continue the program handled by the Planning Department. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.3. Acceptance of Grant Funds from the Kate B. Reynolds Foundation for Men's Preventive Health Services and Adoption of Budget Amendment 09-030 ? Health Department The Commissioners accepted Kate B. Reynolds Foundation funds allocated by the local Healthy Carolinians Task Force in the amount $2,000 and adopted Budget Ordinance Amendment 09-030. The funds will be used to provide care for the uninsured in the area. UNCW is the fiduciary of the Healthy Carolinian funds. No County match required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.4. Ratification of Application Submittal to the Safe Kids 2008 Halloween Grant and Adoption of Budget Ordinance Amendment 09-029 ? Health Department The Commissioners ratified the submittal of a grant application to the Safe Kids 2008 Halloween Grant in the amount of $1,000 and adopted Budget Ordinance Amendment 09-029. If awarded, the funds will be used for the Safe Kids Walk This Way program to reduce pedestrian-related injuries to children. No County match required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.5. Authorization to Submit a Grant Application to the North Carolina Asthma Program ? Health Department The Commissioners authorized the Health Department to submit a grant application to the North Carolina Asthma Program in the amount of $15,000. If awarded, the funds will be used to promote smoke free initiatives in restaurants and enhance the local asthma reduction awareness effort in the County. Ratification of Application Submittal to the Office of Healthy Carolinians of the North Carolina Division of Public Health ? Health Department The Commissioners ratified the submittal of a grant application to the Office of Healthy Carolinians of the North Carolina Division of Public Health in the amount of $5,727. If awarded, the funds will be used to support the local task force, Cape Fear Healthy Carolinians, with expenses in salary/overhead, programs, marketing, membership recruitment and board development, training, resource development, evaluation and community health assessment. Acceptance of Governor?s Crime Commission Grant and Adoption of Budget Ordinance Amendment 09-031 ? Juvenile Day Treatment Center The Commissioners accepted a grant from the Governor?s Crime Commission in the amount of $206,250 and adopted Budget Ordinance Amendment 09-031. The funds will be used for vocational development programs at the Juvenile Day Treatment Center. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.6. Adoption of Resolution Accepting Donation of a 40-Ton Air-Cooled Chiller from UNCW ? Property Management Department The Commissioners adopted a resolution accepting the donation of a 40-ton air-cooled chiller from UNCW with a fair market value of $10,000, adopted Budget Ordinance Amendment 09-027, and directed County staff to process any required documents related to the transaction. The chiller will be used to supply heating and cooling in future expansion at the Simpson Complex. Copies of the resolution and budget ordinance amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 20.7. Authorization to Submit Project Safe Neighborhood Grant Application to the Governor's Crime Commission ? Sheriff?s Office The Commissioners authorized the Sheriff?s Office to submit a grant application to the Governor?s Crime Commission in the amount of $23,107. If awarded, the funds will be used to continue funding a Community Resource Coordinator position for the Project Safe Neighborhood Program in its anti-gang prevention and enforcement efforts. Approval of Release of Tax Value ? Tax Department The Commissioners approved the requests from the following taxpayers for the Senior Citizen/Disability Exclusion: Beal, Alice $ 29,984 Burris, Carolina 83,472 Core, Thelma 71,164 Dewey, Elizabeth A. 113,748 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 458 Engels, Florence C. 76,558 Fisher, Christine A. 204,328 Flowers, Burnice Ray Edith 59,327 Hammonds, Mary L. Life Est. 74,691 Holmes, Lillie A. 70,560 King, Shirley Etal. 128,625 Lane, Nina Cox 118,913 McLean, JoAnn 72,025 Miller, Mary F. 84,359 Milonas, Marjorie 107,492 Myers, Jessie K. 142,767 O'Bryant, Anne T. 85,137 O'Sullivan, Steven P. Nancy L. 95,303 Ridgeway, Roy C. 82,110 Robinson, William L. 41,053 Sneed, Lucille B. 72,018 Turner, Marjorie L. 75,098 Willard, Martin S. Jr. Hrs. Etal. 80,952 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 09-019 - Various Departments 09-020 - Department of Social Services 09-026 - Non-Departmental 09-032 - Emergency Management 09-028 - Sheriff's Office 2009-08 - Sheriff's Office 2009-09 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXI, Page 20.8. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Scott Harrelson, Health Department George Marshall, Department of Social Services Paula Smyth-Lavenia, Human Resources Ten Year: Barbara Codero, Health Department Ella Deaver, Department of Social Services Libby Moore, Human Resources Judith Neujahr, Sheriff?s Office Patrick Sellers, Sheriff?s Office Stanley Taylor, Sheriff?s Office Nancy Willaford, Sheriff?s Office Fifteen Year: Neal Lewis, Parks Department John Norton, Parks Department Twenty Year: Carl Sullivan, Environmental Management Susan Wynn, County Manager?s Office Twenty-Five Year: Faye Smith, Department of Social Services On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Kevin Caison, Inspections Keith Cox, Inspections Fabio Gonzalez, Sheriff?s Office Ladean Graham, Health Department Angela Gray, Health Department Julie Kornegay, Health Department Nicole Maund, Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 459 Melissa Sorrell, Department of Social Services Ashley Vernon, Health Department On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF HARRY TUCHMAYER, THE NEW LIBRARY DIRECTOR County Manager Shell introduced Harry Tuchmayer, who began his new position as Library Director on September 9, 2008. Director Tuchmayer brings more than thirty years of experience and library leadership to the position, much of that time as the New Hanover County Assistant Library Director. Chairman Greer, on behalf of the board, congratulated and welcomed Director Tuchmayer to his position as Library Director. RECOGNITION OF COUNTY SUPPORT OF THE DIGITAL TV TRANSITION Public Information Officer Mark Boyer recognized the following departments for their assistance in preparing the public for the transition to Digital TV: ? New Hanover Human Relations Commission for helping the Federal Communications Commission arrange for approximately 20 Digital TV forums and Digital TV Coupon Days for residents of our county. ? New Hanover County Library for hosting a number of events at their locations where citizens were able to speak with FCC representatives and apply for the $40 Digital TV coupons. ? New Hanover County Department of Aging for assisting the FCC in promoting the transition to the area?s senior population. ? New Hanover County Fire Services for assisting the public who had trouble connecting their converter boxes to their television sets. Fire Services also seized this opportunity to offer life/safety information, smoke alarms and home inspections to our residents. ? New Hanover County IT Department for establishing the 798-4DTV hotline for citizens to call if they were experiencing difficulty in connecting converter boxes and for allocating an entire section of the County?s homepage to the digital transition. ? New Hanover County Emergency Management for pointing out the County?s concern about the date for the digital transition. ? Assistant County Manager André Mallette for making sure that all involved were on track in assisting the FCC in its public outreach efforts. ADOPTION OF RESOLUTION SUPPORTING HIGHWAY SIGNS ACKNOWLEDGING THE HISTORIC CONTRIBUTIONS OF THE THALIAN ASSOCIATION TO NEW HANOVER COUNTY Chairman Greer reported that the Thalian Association Board has requested that the Board adopt a resolution recognizing the contributions of the Thalian Association and supporting the posting of signs to acknowledge the Thalian Association's contributions to New Hanover County. The Association has been working with NCDOT and needs the County's support to proceed. Vice-Chairman Caster read the resolution into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution recognizing the contributions of the Thalian Association and supporting the posting of signs to acknowledge the Thalian Association's contributions to New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vivian Parlier Burnett, on behalf of the Thalian Association Board, accepted the resolution. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.9. ADOPTION OF RESOLUTION PETITIONING THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REQUEST THE ENVIRONMENTAL PROTECTION AGENCY TO ESTABLISH A NO DISCHARGE ZONE IN THE ESTUARINE WATERS WITHIN THE JURISDICTION OF THE TOWN OF WRIGHTSVILLE BEACH Town of Wrightsville Beach Mayor Steven K. Whalen presented the request to the Board to adopt a resolution petitioning the North Carolina Department of Environment and Natural Resources to request the Environmental Protection Agency to establish a No Discharge Zone in the estuarine waters within the Town of Wrightsville Beach jurisdiction to reduce sources of fecal coliform. The impact on boaters would be: ? Boats equipped with Marine Sanitary Devices would be prohibited from using these systems. ? Boats with holding tanks would be required to disable the Y-diverter. In response to Board questions, Mayor Whalen confirmed that before a No Discharge Zone is established water quality reports will be studied and public hearings will be held by the appropriate agencies. He explained that the contamination at issue has been found to be from boats not from the sewer or septic system. Letters have been sent to the local boating community with positive response. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 460 Chairman Greer clarified that a Federal law is in place prohibiting dumping sewage into the water, this will prohibit the dumping of treated sewage. Chairman Greer requested direction from the Board. Vice-Chairman Caster read the resolution into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution petitioning the North Carolina Department of Environment and Natural Resources establishing a No Discharge Zone in the estuarine waters within the jurisdiction of the Town of Wrightsville Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 20.10. BREAK Chairman Greer called for a break from 10:00 a.m. until 10:13 a.m. ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $40,000,000 AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS Finance Director Avril Pinder and New Hanover Regional Medical Center Chief Financial Officer Ed Ollie reported that for the Board?s consideration is a resolution directing the filing of an application with the Local Government Commission of North Carolina for approval of the issuance of hospital revenue bonds to finance the costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction to the women?s and children?s pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment in an amount not to exceed $40,000,000; and approving the appointment of a financing team to effect the issuance of such hospital revenue bonds. Chairman Greer read the following into the record: We have before us a Resolution Directing the Filing of an Application with the Local Government Commission of North Carolina for Approval of the Issuance of Hospital Revenue Bonds in an amount not to exceed $40,000,000 and Certain Related Matters and Making Related Findings. Whereas, the Board of Commissioners of the County of New Hanover has determined that it is advisable to issue hospital revenue bonds to finance the costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction to the women?s and children?s pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment (collectively, the ?2008 Project?); Whereas, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of variable rate hospital revenue bonds in an amount not to exceed $40,000,000, the proceeds of which will be used to (a) finance the costs of the 2008 Project and (b) pay the costs incurred in connection with the issuance of the bonds, and to take all other action necessary in connection therewith; Whereas, the Board recognizes that variable interest rate debt instruments subject the County to the risk of higher interest rates in the future, that the rates may be higher than the fixed rates that are currently available to the County, and that in addition to the variable interest cost, the County must pay fees to the letter of credit bank and remarketing agents, which fees may increase the variable interest cost; Whereas, the Board understands that New Hanover Regional Medical Center, which is obligated to pay the County the amounts necessary to make, among other things, debt service payments on the Bonds, may enter into interest rate swap agreements to hedge the interest cost associated with the variable rate hospital revenue bonds noted above; and Whereas, the Board desires to retain RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters and as remarketing agents, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters? counsel, RBC Bank (USA), as letter of credit bank, Financial Security Assurance Inc., as bond insurer for the Bonds, and First-Citizens Bank & Trust Company, as trustee. Now, therefore be it resolved by the Board of Commissioners, as follows: ? That the County Manager, the Finance Director and the County Attorney are hereby authorized, directed and designated to file an application with the Local Government Commission for its approval of the issuance by the County of the Bonds. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 461 ? That the Board finds, determines, and asks that the Local Government Commission find and determine from the County?s application and supporting documentation: That the issuance of the Bonds is necessary and expedient; o That amount of the Bonds will be sufficient but is not excessive for the financing of capital costs o related to the 2008 Project; That the financing of capital costs related to the 2008 Project and the issuance of the Bonds are o feasible; That the County?s debt management procedures and policies are good; and o That the Bonds can be marketed at a reasonable interest cost to the County. o ? That the Chairman and Vice-Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Bonds. ? That RBC Capital Markets Corporation and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co-senior managing underwriters and as remarketing agents, Dewey & LeBoeuf LLP, as bond counsel, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as underwriters? counsel, RBC Bank (USA), as letter of credit bank, and First-Citizens Bank & Trust Company, as trustee, shall be retained. ? That the Local Government Commission is hereby requested to sell the Bonds with a variable interest rate at private sale without advertisement to any purchaser or purchasers thereof, at such prices as which the Local Government Commission and the Board determine to be in the County?s best interest in accordance with the provisions of Section 159.123(b) of the General Statutes of North Carolina, as amended. ? That an Official Statement related to the Bonds is hereby authorized to be distributed in connection with the offering of the Bonds. ? That this Resolution shall become effective on the date of its adoption. Chairman Greer requested direction from the Board. In response to Board questions, Finance Director Pinder clarified that hospital debt is not part of the County?s debt and that ad valorem tax dollars are not used to repay the debt. The hospital will be responsible for the repayment of these bonds. For the purpose of full disclosure, County Manager Bruce Shell reported that this debt will be a part of New Hanover County?s issued debt but will not count against the County?s credit rating. For reporting purposes, the hospital debt is blended into the County?s financial statements and is listed as hospital debt; but for the purposes of bond rating, ratios and calculations, it is not part of New Hanover County debt. The buyers of the revenue bonds are the ones that accept the liability of the debt. Finance Director Pinder added that if the hospital would fail and go into bankruptcy then this debt would come back to the County but stressed that the hospital is in a very strong financial position. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution directing the filing of an application with the Local Government Commission for approval of the issuance of hospital revenue bonds in an amount not to exceed $40,000,000 and certain related matters and making related findings. 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 XXXI, Page 20.11. APPROVAL TO TABLE REQUEST BY WILMINGTON DOWNTOWN, INC. FOR LETTERS OF SUPPORT TO THE ABC COMMISSION UNTIL THE BEACH COMMUNITIES HAVE REVIEWED THE REQUEST Vice-Chairman Caster reported that John Hinnant, Executive Director of Wilmington Downtown, Inc. requests that the Board submit a letter of support to the ABC Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule and requesting the ABC Commission to revise the fee structure for Liquor by the Drink retailers and empower local law enforcement to assist Alcohol Law Enforcement officers. Wilmington Downtown, Inc. Executive Director John Hinnant reported that there are two requests before the Board: ? Submit a letter of support to the ABC Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule statewide. ? Submit a letter of support to the ABC Commission requesting the fee structure for Liquor by the Drink retailers and empower local law enforcement to assist Alcohol Law Enforcement officers. The Wilmington City Council endorsed both letters of support unanimously. The Beach communities will be considering the request in the near future. After brief discussion, Chairman Greer requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 462 Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to table the request to send letters of support requesting the ABC Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule and a letter of support requesting the ABC Commission to revise the fee structure for Liquor by the Drink retailers and empower local law enforcement to assist Alcohol Law Enforcement officers until after the Beach communities have considered the request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING, APPROVAL TO AMEND THE NEW HANOVER COUNTY 2007 SCATTERED SITE HOUSING PROGRAM PLAN AND ADOPTION OF OPTIONAL COVERAGE RELOCATION PLAN Chairman Greer reported that in accordance with Community Development Block Grant Program regulations, a Public Hearing must be held to hear comments concerning an amendment to the County?s 2007 Scattered Site Housing Program Plan. Community Development Planner Wanda Coston reported that Scattered Site Housing funds must be used to address the most critical housing needs of very low-income owner-occupied households within the Unincorporated County. The amendment proposes to reallocate a majority of housing funds from rehabilitating ten houses, to rehabilitate one house and provide funds for three replacement houses. The funds will be used for demolition and clearance, temporary relocation assistance, and replacement housing. To comply with Community Development Block Grant Program regulations the Board is requested to approve amending the New Hanover County 2007 Scattered Site Housing Program Plan and adopt the Optional Coverage Relocation Plan. Chairman Greer opened the Public Hearing and asked if anyone in the audience wanted to speak on this issue. Hearing no comments, Chairman Greer closed the Public Hearing. After a brief question and answer period, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to amend the New Hanover County 2007 Scattered Site Housing Program Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Optional Coverage Relocation Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended 2007 Scattered Site Housing Program Plan is available for review in the Planning Department. APPROVAL OF NEW HANOVER COUNTY 2010-2011 WORK FIRST PLAN Department of Social Services Assistant Director Wanda Marino presented an overview of the proposed New Hanover County 2010-2011 Work First Plan. In July 2008, the Board of Commissioners designated representatives to develop the Work First Block Grant Plan in accordance with the State's recommendations. The Board of Social Services has approved the plan.Staff is requesting the Board approve the plan as presented. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the New Hanover County 2010-2011 Work First Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the plan is available for review at the Department of Social Services. APPROVAL TO AMEND NEW HANOVER COUNTY CODE, SECTION FIVE: ANIMALS AND FOWL Animal Control Services Manager Jean McNeil reported that in order to address irresponsible dog breeding the Board is being requested to approve changes to the following sections of the New Hanover County Code: ? Section 5-4 - Definitions ? Section 5-28 - Permits for Kennels ? Section 5-29 - Permit, Inspection and Enforcement. The proposed changes will require any individual, household or entity that owns, keeps or produces four or more litters of dogs per calendar year be defined as a kennel and obtain a permit. There is no charge for obtaining a permit. The proposed changes have been approved by the Board of Health. Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the revisions to the New Hanover County Code, Section Five: Animals and Fowl as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the County Code of Ordinances is hereby incorporated as a part of the minutes NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 463 and is contained in Exhibit Book XXXI, Page 20.12. APPROVAL OF REQUEST TO REVISE HEALTH DEPARTMENT FEE POLICY TO INCREASE FEES FOR HEPATITIS A, B, AND A/B VACCINES AND ADOPTION OF BUDGET ORDINANCE AMENDMENT Department of Health Support Services Manager Kim Roane reported that staff is requesting the Board approve revising the New Hanover County Health Department Fee Policy to increase fees for Hepatitis A, Hepatitis B and Hepatitis A/B vaccines as follows: Item Code Current Fee Proposed Fee Hepatitis A 90632 $35.00 $70.00 Hepatitis B 90746 $40.00 $65.00 Hepatitis A/B Twinrix90636 $55.00 $100.00 The increase in revenue is approximately $30,000 and is necessary to support the cost of providing the vaccines and the need to maximize revenues from third party insurers, who will pay only up to the cost of the billed fees. The current fees for these vaccines is well below the fees charged by surrounding county health departments and private providers in New Hanover County, and is also below the rate paid by third party insurers. The proposed revision was approved by the Board of Health. Staff is requesting the Board approve the revision to the New Hanover County Health Department Fee Policy to include the fee schedule and fee policy changes as presented and adopt ordinance for budget amendment 09-013. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the revision to the New Hanover County Health Department Fee Policy to include the fee schedule and fee policy changes as presented and adopt budget ordinance amendment 09-013. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 20.13. APPROVAL OF REQUEST TO REVISE HEALTH DEPARTMENT FEE POLICY TO INCREASE FEES FOR FLU VACCINE TO $32 PER DOSE Health Support Services Manager Kim Roane reported that staff is requesting the Board approve revising the New Hanover County Health Department Fee Policy to increase fees for flu vaccine to $32.00 per dose from the current fee of $30.00 per dose. This includes $13.50 per dose for the vaccine and $18.50 per dose for the administration fee. This measure will increase revenues for the County and will ensure all potential reimbursements from third party insurers will be collected at the maximum amount Medicare/third party insurers will pay. The increase in fees is necessary to support the cost of providing the vaccine and the need to maximize revenues from third party insurers, who will pay only up to the cost of the billed fees. The proposed revision was approved by the Board of Health. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to approve increasing fees for flu vaccine to $32.00 per dose as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION AWARDING CONTRACT TO EAST COAST CONTRACTING FOR A STORM WATER PUMP STATION AT THE NEW HANOVER COUNTY JUDICIAL BUILDING COMPLEX Interim County Engineer Dennis Ihnat reported that bids were received and opened on September 3, 2008, at 2:00 p.m. for the complete installation and replacement of a storm water pump station, including all related civil, electrical, waterproofing, and incidental site work, at the New Hanover County Judicial Building complex. The following four bids were received: East Coast Contracting $320,830 Paragon Building Corporation $367,000 TA Loving Company $385,000 Paul Howard Construction Company $447,223 Staff is requesting that the Board adopt the resolution awarding the bid for the complete installation and replacement of a storm water pump station, including all related civil, electrical, waterproofing, and incidental site work, at the NHC Judicial Building complex to East Coast Contracting in the amount of $320,830. Bruce Bowman, BMS Architects, PC, presented an overview of the design of the storm water pump station that is being proposed. In response to Board questions, he confirmed that the proposed system should handle any event less than catastrophic. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 464 Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding the bid for the complete installation and replacement of a storm water pump station at the New Hanover County Judicial Building complex to East Coast Contracting in the amount of $320,830. 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 XXXI, Page 20.14. BREAK Chairman Greer called for a break from 11:22 a.m. until 11:31 a.m. AUTHORIZATION FOR THE CAPE FEAR MUSEUM TO SUBMIT AGRANT APPLICATION TO THE INSTITUTE FOR MUSEUM AND LIBRARY SERVICES FOR CONSERVATION SUPPORT Cape Fear Museum Director Ruth Haas presented the request to submit a grant application to the Institute for Museum and Library Services in the amount of $24,610. If awarded the funds will be used to contract with a certified textile conservator to treat the following items: ? The 1861 United States flag displayed at the Wilmington meeting that voted for secession. ? The 1864 Confederate 2nd National ?Stainless Banner? stitched by the ladies of Wilmington and flown over Fort Fisher. ? The uniform of Major General Whiting, Confederate commander of the Cape Fear Military district. These items are among the most valuable in the museum?s collection and cannot be exhibited until treated. The estimated cost for treatment, including transporting the objects to and from the conservator is approximately $49,220. The Museum will be required to pay 50% of the cost. The Museum will meet its match through donations and restricted funds that can only be used for acquisition and conservation. Sufficient funds are available to meet the matching requirements for the project that will last over two years. Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster to authorize the Cape Fear Museum to submit a grant application to the Institute for Museum and Library Services in the amount of $24,610. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF LEGISLATIVE GOALS FOR SUBMISSION TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Budget Director Cam Griffin reported that the North Carolina Association of County Commissioners is soliciting proposed legislative goals. After discussion the consensus of the Board was to submit the following legislative goals for submission to the North Carolina Association of County Commissioners: Mental Health ? Seek legislation to ensure that state funded mental health; developmental disability, and substance abuse services are available, accessible, and affordable to all citizens. Education ? Support legislation to assure the state fully funds an adequate basic education program in all local school systems. ? Support legislation to assure that the Public School Capital Building Fund remains intact. ? Support legislation to fund expansion within the community college system to meet the demands resulting from increased enrollment and to train and retain workers responding to a changing economy. ? Appropriate funds for School Resource Officers on the basis of one position allotment for each middle school and high school building across the state. Elections ? Support legislation to eliminate the second primary election. Water and Sewer Infrastructure ? Support legislation providing the necessary capital for the maintenance, upgrade, installation, and expansion of public water, sewer, and storm water infrastructure, with encouragement for water reclamation facilities. ? Create a legislative study commission to examine DENR?s rules and procedures for evaluating available capacity for pump stations. Environmental ? Encourage the State to offer incentives for green energy and other green initiatives. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 465 Human Services ? Support additional state funds for child care to eliminate the daycare waiting list. ? Support legislation that would reduce the cost to local governments for inspecting food service and lodging facilities. ? Support legislation to enhance the enforcement of regulations governing adult care homes by enacting mandatory time and quality standards for the NC-DHHS Division of Facility Services to respond to the findings and recommendations of the local Department of Social Services. Revenue ? Seek legislation to allow all counties to enact any or all of several revenue options from among those that have already been authorized for any other county. ? Inform the General Assembly that county funding obligations do not diminish when local revenue base exemptions and exclusions are granted to specific groups and county revenue generation is reduced. Roads ? Seek legislation to encourage adequate state funding for the transportation system in North Carolina and encourage the state to correct deficiencies in all road systems in North Carolina. ? Oppose legislation that draws county government into primary and secondary road maintenance responsibilities. Those responsibilities should continue to reside with state and municipal governments. Justice and Public Safety ? E-9-1-1 Funds: support legislation to preserve county revenue from E-9-1-1 charges and allow counties greater flexibility in the use of the funds. ? Support legislation to allow counties to collect additional facilities fees to help fund capital, operational, and other needs associated with ever-increasing judicial activities. ? Gang Prevention, Intervention and Suppression: support additional funds for gang prevention, intervention, and suppression activities. COMMITTEE APPOINTMENTS Appointments to the Criminal Justice Partnership Advisory Board Chairman Greer reported vacancies need to be filled on the Criminal Justice Partnership Advisory Board with three applicants eligible for reappointment and four new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to reappoint David L. Miller to serve a three year term on the Criminal Justice Partnership Advisory Board in the Business Community category with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint Sonja Douglas Robinson to serve a three year term on the Criminal Justice Partnership Advisory Board in the Mental Health Professional category with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to reappoint Gregory Stone to serve a three year term on the Criminal Justice Partnership Advisory Board in the At-Large category with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to appoint Alex Dale to serve a three year term on the Criminal Justice Partnership Advisory Board in the At-Large category with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Crime Prevention Council Chairman Greer reported up to six vacancies need to be filled on the Juvenile Crime Prevention Council with three applicants eligible for reappointment and nine new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Ruchadina L. Waddell to serve a two year term on the Juvenile Crime Prevention Council in the Juvenile Defense Attorney category with the term to expire on September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Alma Sanchez to serve a two year term on the Juvenile Crime Prevention Council in the Student (under age 18) category with the term to expire on September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Sonja Douglas Robinson to serve a two year term on the Juvenile Crime Prevention Council in the Faith Community category with the term to expire on September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 466 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Joe Miller to serve a two year term on the Juvenile Crime Prevention Council in the Business Community category with the term to expire September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Glenn W. Drew and Alice K. Haynes to serve two year terms on the Juvenile Crime Prevention Council in the At-Large category with the terms to expire September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Mechanical Examiners Chairman Greer reported vacancies need to be filled on the Board of Mechanical Examiners with three applicants eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Thomas L. Crittenden, Jr., Ray McClory, and Susan D. Nance to serve two year terms on the Board of Mechanical Examiners with the terms to expire on August 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Greer reported four vacancies need to be filled on the New Hanover Regional Medical Center Board of Trustees with four applicants eligible for reappointment and nine new applications having been received for consideration and requested nominations from the Board. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to appoint John Pace to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to reappoint Lawrence S. Clark to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint John D. Fuller to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint David B. Sims, Jr. to serve a three year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Nursing Home Community Advisory Committee Chairman Greer reported a vacancy needs to be filled on the Nursing Home Community Advisory Committee with one application having been received and requested nomination from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to appoint Catherine Davis to serve an additional three year term on the Nursing Home Community Advisory Committee with the term to expire on September 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Tourism Development Authority Chairman Greer reported that a vacancy needs to be filled on the Tourism Development Authority in the category for an owner/manager of a Wilmington hotel with 150 rooms or more. Chairman Greer requested a nomination from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint W. Chris Green, General Manager of the Hilton Wilmington Riverside, to serve a three year term on the Tourism Development Authority in the Wilmington Hotel Owner/Manager category with the term to expire on December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:58 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 12:51 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Kevin Rhodes, stating that he represented concerned residents, spoke in opposition to the ABC Board?s expansion of their facility located in downtown Wilmington due to the impact on the quality of life such as encroachment into a residential area, destruction of affordable housing, increase traffic, destruction of revitalized area and current revitalization efforts, historic sites, and period homes, and decreased property values of the immediate area. He requested the Commissioners assure the community that the ABC?s plans are permanently withdrawn for further development on this site and increase their oversight of the ABC Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 22, 2008 PAGE 467 ADDITIONAL ITEMS The following additional items were presented: ? Commissioner Pritchett reported that 146 men were served at the Men?s Health Clinic that was held at the Department of Health. The program was funded by a grant and served low income individuals that did not have access to providers or were uninsured. ? Commissioner Davis reported that he attended a community workshop held by Carolinas Cement Company on September 16, 2008. He encouraged the interested public to attend future workshops that are scheduled for October 7, 2008; 4:00 ? 8:00 p.m. at the Schwartz Center, Cape Fear Community College and October 27, 2008; 4:00 ? 8:00 p.m. at the UNCW Executive Development Center. Commissioner Kopp also encouraged the interested public to attend the public hearings that will be hosted by the appropriate Federal and State agencies concerning Carolinas Cement Company?s expansion in New Hanover County. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 1:00 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board