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2008-11-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 486 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 10, 2008, at noon in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to conduct annual performance evaluations for the County Manager, County Attorney and Clerk to the Board and pursuant to N.C.G.S. 143-318.11(5) to instruct the public body?s staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of real properties and in negotiating the price and material terms for the real properties. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to conduct annual performance evaluations for the County Manager, County Attorney and Clerk to the Board and pursuant to N.C.G.S. 143-318.11(5) to instruct the public body?s staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisition of real properties and in negotiating the price and material terms for the real properties. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 12:03 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 1:00 p.m. and announced that the Board will reconvene to Closed Session at the conclusion of the Regular Session to conclude conducting the annual performance evaluations for the County Manager, County Attorney and Clerk to the Board. INVOCATION AND PLEDGE OF ALLEGIANCE Carl A. Byrd, Sr., Human Relations Director gave the invocation. Commissioner Davis 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 any item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, 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: Agenda Review meeting held on October 16, 2008 Regular Session meeting held on October 20, 2008 Adoption of Resolution Delegating Hiring Authority for an Area Director to the Southeastern Center for Mental Health, Developmental Disability, and Substance Abuse Services Area Board ? Governing Body The Commissioners adopted the resolution delegating the hiring authority for an Area Director to the Southeastern Mental Health, Developmental Disability, and Substance Abuse Services Board of Directors. The current Director will be retiring effective December 31, 2008. Brunswick and Pender County Commissioners will be considering the same request. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.1. Authorization for the Airport Authority to Lease Property to the United States Government for the Construction of a Veterans Administration Clinic ? Legal Department The Commissioners authorized the Airport Authority to lease approximately 19.061 acres of property to the United States Government, for and on behalf of the Veterans Administration, to construct a Veterans Administration Clinic. The lease will be assigned by Veterans Administration to a developer for the exclusive purpose of building the clinic for performing medically related functions on the property for the sole use of the Veterans Administration for a term of twenty years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 487 Adoption of Resolution Designating Emergency Management Director Warren Lee as the Applicant Agent for Tropical Storm Hanna Public Assistance Programs ? Emergency Management The Commissioners adopted the resolution designating Emergency Management Director Warren Lee as the Applicant Agent for Tropical Storm Hanna Public Assistance Programs (FEMA DR NC). This is a requirement to make New Hanover County, the local municipalities, and eligible private non-profit organizations eligible for all Federal and State Public Assistance disaster recovery programs made available under the Declaration. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.2. Approval of Automatic Aid Agreement between New Hanover County Fire Services and the Town of Carolina Beach Fire Department ? Fire Services The Commissioners approved the Automatic Aid Agreement between New Hanover County Fire Services and the Town of Carolina Beach Fire Department. The Automatic Aid Agreement will allow multiple units to be dispatched simultaneously enabling a quicker response and more apparatus and crew on the scene in a timelier manner thus providing a better service delivery to the community. The Automatic Aid Agreement was recommended by the New Hanover County Fire Commission at their October 2008 meeting. Acceptance of Award from GlaxoSmithKline and Adoption of Budget Amendment 09-067 ? Health Department The Commissioners, on behalf of the Health Department, accepted grant funds in the amount of $5,000 from the 2008 GlaxoSmithKline Child Health Recognition Award in the Local Health Department category and adopted Budget Ordinance Amendment 09-067. The funds will be used for special projects, staff development or educational materials. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.3. Approval of Personnel Policy Revisions ? Human Resources The Commissioners approved revisions to the following four sections of the Personnel Policy: ? Employee Grievance Policy ? Employee Appeal Policy ? Insurance Benefits Policy ? Holiday Policy The approved revisions for the grievance and appeal policies puts the final decision with the County Manager in all employee grievances and in appeals of certain disciplinary actions involving Department Heads. The approved revisions for the insurance benefits policy is in accordance to N.C.G.S. 153A-93 outlining that insurance coverage for County Commissioners post service is not provided beyond mandated COBRA offerings. The approved holiday policy revision eliminates references to holiday comp time accrual for Fire Services personnel. Approval of Release of Tax Values ? Tax Department The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Allen, Mary L. Etal. $ 36,784 Britt, David E. Pamela K. 121,394 Clark, Mollie J. 66,658 Flowers, Ede Berne 4,170 Howell, Hilda Grace 84,867 Hufham, Christopher D. Robin A. 88,536 McCutcheon, Thomas 77,416 Morris, Betty H. Eady 58,840 Patten, Annie 50,268 Venters, Lucille Mark 81,832 Williamson, Abigail 87,379 The Commissioners approved the following delinquent application for exemption from property tax from the following organization: First Fruit Ministries R06505-001-026-000 Adoption of Budget Ordinance Amendments ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-073 - Museum 09-083 - Museum 09-076 - Juvenile Day Treatment 09-079 - Health 09-080 - Emergency Management 09-077 - Sheriff's Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 488 2009-31 - Sheriff's Office 2009-32 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 24.4. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING NOVEMBER 21, 2008 AS WILMINGTON CIVITAN DAY IN NEW HANOVER COUNTY Chairman Greer reported that Commissioner Pritchett has requested the Board proclaim November 21, th 2008 as Wilmington Civitan Day in New Hanover County in recognition of their 70 anniversary. Commissioner Pritchett read the proclamation into the record and moved for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring November 21, 2008 as Wilmington Civitan Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.5. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2008 AS FAMILY CAREGIVERS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring November 2008 as Family Caregivers Month in New Hanover County. Commissioner Pritchett read the proclamation into the record and moved for approval. Audrey Marshall from the Cape Fear Council of Governments received the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring November 2008 as Family Caregivers Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.6. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2008 AS ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring November 2008 as Adoption Awareness Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring November 2008 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.7. ADDITIONAL ITEM ADOPTION OF PROCLAMATION DECLARING NOVEMBER 10-16, 2008 AS ST. ANDREWS- COVENANT PRESBYTERIAN CHURCH WEEK IN NEW HANOVER COUNTY Chairman Greer reported that the Board has been requested to adopt a proclamation declaring November 10-16, 2008 as St. Andrews-Covenant Presbyterian Church Week in New Hanover County. Chairman Greer read the proclamation into the record and moved for approval. Reverend Steve Hein, St. of Andrews-Covenant Presbyterian Church received the proclamation Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation declaring November 10-16, 2008 as St. Andrews-Covenant Presbyterian Church Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 24.8. WITHDRAWAL OF AGENDA ITEM ? CONSIDERATION OF REQUEST FOR A Chairman Greer announced that Regular Agenda Item 13 REDUCTION IN INSPECTION FEES FOR WILMINGTON HOUSING AUTHORITY has been removed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 489 from the agenda. The item has been remanded to the Inspections Department Advisory Council for a recommendation. APPROVAL OF FUNDING TO THE GREATER WILMINGTON SPORTS HALL OF FAME Chairman Greer reported thatthe Greater Wilmington Sports Hall of Fame is requesting New Hanover County make a donation of $1,500 for their May 2009 induction ceremony. The funding will provide for a table of ten at the 2009 induction ceremony. Chairman Greer asked for direction from the Board. Commissioner Pritchett and Commissioner Davis voiced their concern in setting the precedent of approving the request outside of the regular budget process as well as the current financial constraints with the downturn in the economy. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant the funding request by the Greater Wilmington Sports Hall of Fame in the amount of $1,500 for their May 2009 induction ceremony. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and Commissioner Pritchett voted in opposition. APPROVAL OF POSITIONS FOR WOMEN, INFANT AND CHILDREN?S PROGRAM AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 09-078 Health Department Support Services Manager Kim Roane reported that the Health Department has received notification from the North Carolina Women, Infant and Children?s Program, Nutrition Services Division, that they will be receiving additional funds in the amount of $26,214 in the current fiscal year to support an increased caseload. The additional funding amount will cover the cost of increasing one Nutritionist position from .5 FTE to 1.0 FTE, and will also cover the cost of benefits to change one current temporary Administrative Support Technician position to a regular position with benefits. With the increased caseload ongoing, future funding is anticipated or the positions will revert back to the current status. No County match is required. Staff is requesting approval of the positions and adoption of Budget Ordinance Amendment 09-078. After brief discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the increase in one Nutritionist position from 0.5 FTE to 1.0 FTE and the change from one full-time temporary Administrative Support Technician to one full-time regular position with benefits and adopt Budget Ordinance Amendment 09-078. 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 XXXI, Page 24.9. ADOPTION OF RESOLUTION REQUESTING LEGISLATION TO AMEND SENATE BILL 3 Solid Waste Advisory Board member Martin J. Michaelson reported that the Solid Waste Advisory Board is requesting the Board of Commissioners consider a resolution to be directed to the local General Assembly delegation. The resolution requests that existing statutes be amended to specifically state that a Waste-to-Energy facility utilizing municipal solid waste to produce electricity be deemed renewable "green" energy. Such a designation could significantly enhance revenue generated by WASTEC. Approximately twenty-five states consider solid waste a natural resource for the purposes of Waste-to- Energy facilities. Legislators have indicated that they are willing to submit an amendment to Senate Bill 3 specifically stating that a Waste-to Energy facility utilizing municipal solid waste to produce electricity be deemed renewable ?green? energy. When the energy that is produced is considered a renewable resource, ?green? energy, Progress Energy will pay more for that electricity. Chairman Greer clarified that there is Federal legislation requiring power companies to have a certain percentage of ?green? energy produced. Environmental Management Director John Hubbard stated that by 2020 Federal legislation will require power companies purchase at least 12 ½ percent of renewable energy generating revenue at a rate between $20 to $30 per kilowatt hour. Hearing no further discussion, Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution requesting Senate Bill 3 be amended to specifically state that a Waste-to-Energy facility utilizing municipal solid waste to produce electricity be deemed renewable "green" energy. 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 24.10. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 490 PUBLIC HEARING AND APPROVAL OF THE TEXT AMENDMENT TO AMEND ARTICLE II: DEFINITIONS AND ARTICLE VII: PROVISIONS FOR SPECIAL USES TO DEFINE AND SPECIFY STANDARDS FOR SENIOR HOUSING OPTIONS (A- 371, 05/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request to amend Article II: Definitions and Article VII: Provisions for Special Uses to Define and Specify Standards for Senior Housing Options stating that the revisions will help clarify the current ordinance. This item was discussed at the May 5, 2008 Planning Board meeting and the June 18, 2008 work session prior to taking action on July 3, 2008. The Planning Board voted 6-0 to recommend approval of the amendment. No one from the public spoke on this item. At the agenda briefing prior to the scheduled hearing at the August County Commissioner meeting, discomfort was expressed by Commissioners that some of these uses would not require a public hearing under the proposed language. The Board requested staff address the concerns before bringing the amendments forward. Staff changed the language to make each of the described uses special uses. The Planning Board, at their October 2, 2008 meeting, voted 6-0 to recommend approval of the amendment as revised and presented by staff. Planner Daughtridge highlighted the following language that was added to the existing ordinance: ? Active Adult Retirement Community or Independent Living Facility ? Continuing Care Retirement or Life Care Community ? Assistant Living or Personal Care Facility ? Nursing Home or Rehabilitation Center Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Bruce Bowman, BMS Architects, spoke in favor of the revision stating that it will clarify the current ordinance. Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve amending Section 67-9 of the Zoning Ordinance to discourage clear-cutting of land as presented finding that the request is: 1) consistent with the purposed and intent of the land use policies adopted in the 2006 Land Use Plan relating to the housing needs of seniors; and 2) reasonable and in the public interest to clearly define and articulate standards for a variety of housing options to accommodate the needs of seniors. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 24.11. PUBLIC HEARING AND APPROVAL OF THE TEXT AMENDMENT TO AMEND SECTION 59.9-6 TO CLARIFY THE APPROVAL AND MODIFICATION PROCESS FOR RIVERFRONT MIXED USE PROJECTS (A- 375, 10/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request to amend Section 59.9-6 to clarify the approval and modification process for Riverfront Mixed Use Projects. The proposed change would clarify that major changes to approved site plans would require a new hearing and approval by the Board of Commissioners. At its October 2, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the amendment. No one from the public spoke on this item. Planning Director O?Keefe presented the proposed text amendment highlighting that a major change would include one or more of the following: ? A change in the use or character of the RFMU; ? A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation; ? A reduction in the originally approved setbacks from roads and/or property lines. Any changes, other than minor changes, shall only be made by the Board of Commissioners and must follow the same review and public hearing process required for other zoning ordinance amendments. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve amending Section 59.9-6 to clarify the approval and modification process for Riverfront Mixed Use Projects as presented finding that the request is: 1) consistent with the purpose and intent of the land use policies adopted in the 2006 Land Use Plan and subsequently amended relating to the Riverfront Mixed Use District; and 2) reasonable and in the public interest NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 491 to clarify the process required for approving and modifying approved Riverfront Mixed Use District plans after Board approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 24.12. PUBLIC HEARING AND APPROVAL OF REQUEST BY CORNELIA NIXON DAVIS, INC. TO REZONE APPROXIMATELY 2.64 ACRES OF PROPERTY FROM R-20 RESIDENTIAL DISTRICT TO CONDITIONAL CD (O&I) DISTRICT AND TO MODIFY THE APPROVED SITE PLAN AT 1011 PORTERS NECK ROAD (Z-890, 10/08) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O?Keefe Jane Daughtridge Bruce Bowman Walker Taylor Senior Planner Jane Daughtridge reported that Cornelia Nixon Davis, Inc. is requesting to rezone approximately 2.64 acres of property from R-20 Residential District to CD (O&I) District and to modify the approved site plan at 1011 Porters Neck Road. The request will add 2.9 acres of property to an existing CD (O&I) District that was approved in 1992. She presented a slide overview of the request. In response to Board questions, Planner Daughtridge confirmed that the request was appropriately advertised with no one from the public speaking on the request. The Planning Board was satisfied that the traffic impact was negligible. Planning Director Chris O?Keefe reported that the change would increase the size of the CD (O&I) to approximately twenty-seven acres and would add living and rehabilitation spaces to the existing facility. The revision would also reposition and rebuild the offices and dispensary. The current plan was approved under Z-454 in 1992. At its October 2, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the conditional rezoning and the companion special use permit as submitted, based on the staff report and preliminary findings of fact. No one from the public spoke on this item. Staff recommends approval. Planning Director O?Keefe read the findings of facts into the record. Chairman Greer asked if the Petitioner would like to speak on the request and if he agreed with the findings of facts as presented. Walker Taylor, on behalf of Cornelia Nixon Davis, Inc., stated that he agreed with the findings of facts as presented. Bruce Bowman, BMS Architect, presented an overview of the planned expansion stating that no additional beds are proposed but the new addition of twenty rooms will allow for changing existing double occupancy rooms into single occupancy rooms. The one-story addition to the rehabilitation center will add a wellness program for existing residents and expand the physical rehab program. Chairman Greer asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no further comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by Cornelia Nixon Davis, Inc. to rezone approximately 2.64 acres of property from R-20 Residential District to CD (O&I) District located at 1011 Porters Neck Roadas presented finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow expansion of an existing nursing home and rehabilitation center in this location subject to the companion special use permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the special use permit request by Cornelia Nixon Davis, Inc. to modify the approved site plan at 1011 Porters Neck Road as presented based on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 492 MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 65. A copy of the order granting the Special Use Permit and listing the findings of fact is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 22. AWARD OF CONTRACT TO HEMPHILL-RANDEL ASSOCIATES FOR SCHEMATIC DESIGN AND DESIGN DEVELOPMENTFOR THE NEW HANOVER COUNTY JAIL ADDITION AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 09-087 Commissioner Davis requested that the request to award the contract to Hemphill-Randel Associates for schematic design and design development for the New Hanover County jail addition be tabled until the newly elected Board members are seated at the Board meeting on December 1, 2008. MOTION: Commissioner Davis MOVED, SECONDED by Chairman Greer, to table the request to award the contract to Hemphill-Randel Associates for schematic design and design development for the New Hanover County jail addition until the newly elected Board members are seated at the Board meeting on December 1, 2008. After discussion outlining that the scope of the current request is limited to the contract for schematic design and design development in the total amount of $187,101 and that the future Board will have ample opportunity to consider the project, Chairman Greer WITHDREW HIS SECOND TO THE MOTION. Sheriff Causey reported that the proposal will maximize the existing New Hanover County Jail campus, from the current capacity of 672 to a total of 1,000 inmates at ultimate build-out, and design development services are for an initial 128 bed addition. Hemphill-Randel Associates were involved in the Brunswick County Jail facility that was completed ahead of schedule and on budget. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to award the contract for architectural services for the New Hanover County jail addition to Hemphill-Randel Associates and adopt Budget Ordinance Amendment 09-087. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 24.13. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Greer reported that a vacancy needs to be filled on the Adult Care Home Community Advisory Committee with one applicant eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Janet H. Locklear to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on November 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Council Chairman Greer reported that six vacancies need to be filled on the Cooperative Extension Advisory Council with one application having been received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Samona Taylor to serve a three-year term on the Cooperative Extension Advisory Council with the term to expire May 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Nursing Home Community Advisory Committee Chairman Greer reported that vacancies need to be filled on the Nursing Home Community Advisory Committee with one application having been received and one applicant requesting to be reappointed after a leave of absence from the committee and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Glynda Paternotte to serve a one-year term on the Nursing Home Community Advisory Committee with the term to expire November 30, 2009 and to reappoint John Bilobran to serve a three-year term on the Nursing Home Community Advisory Committee with the term to expire November 30, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Greer reported that three vacancies need to be filled on the Zoning Board of Adjustment and one applicant is eligible for reappointment and seven applications have been received and requested nominations from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint Eric C. Hickman to serve a three-year term on the Zoning Board of Adjustment in the regular member category with the term to expire December 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 10, 2008 PAGE 493 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Noelle M. Winstead to serve a three-year term on Zoning Board of Adjustment in the regular member category with the term to expire December 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to appoint Michael D. McCulley, Jr. to serve a three-year term on Zoning Board of Adjustment in the alternate member category with the term to expire December 1, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY ADDITIONAL ITEM APPROVAL TO PUBLISH A TEN-DAY NOTICE ANNOUNCING THE CONSIDERATION OF AMENDMENT TO THE LEASE AGREEMENT WITH LINC, INC. Assistant County Manager Chris Coudriet reported that in June 2007 the New Hanover County Board of Commissioners agreed to lease the former jail annex at 222 Division Drive to LINC, Inc. for the purpose of establishing transitional housing for persons re-entering the community from incarceration. The current lease is for ten years with two ten-year renewals, at the option of LINC, Inc. LINC, Inc. is attempting to secure a federal loan in the amount of $300,000 to assist with renovations, which are estimated at $1.3 million. The Federal Home Loan Bank requires a lease agreement that establishes a longer period of possession. As such, LINC, Inc. is requesting a lease amendment that offers a longer term. To entertain such a lease, the County must give a ten day notice that the Board will consider approving a lease that is longer than ten years. Staff is requesting the Board approve publishing the 10-day notice that the Board will consider an amendment to the current contract for a thirty-year lease at the December 1, 2008 meeting. Chairman Greer asked for direction from the Board. MOTION: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve publishing the ten- day notice that the Board will consider an amendment to the current contract for a thirty-year lease at its December 1, 2008 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECONVENE TO CLOSED SESSION Chairman Greer reconvened to Closed Session at 2:24 p.m. to finish conducting annual performance evaluations for the County Manager, County Attorney and Clerk to the Board. RECONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 3:32 p.m. and requested a motion to adjourn the Closed Session. MOTION: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that Mr. Bobby Fowler of Cherry Creek Developers, Inc. has offered a donation of 7.98 acres of property along Smith Creek to the County. The appraisal value of the property is $295,000. Cherry Creek Developers, Inc. has incurred appraisal costs in the amount of $2,500. Chairman Greer requested direction from the Board. MOTION: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to accept the donation of a 7.98 acre parcel along Smith Creek from Mr. Bobby Fowler of Cherry Creek Developers, Inc., and to reimburse the company the sum of $2,500 incurred in appraisal costs. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Greer expressed appreciation to Mr. Fowler for the donation of property. Chairman Greer also reported that performance reviews were completed and the County Manager, County Attorney and the Clerk to the Board received exceptional evaluation ratings. Due to budget constraints, these employees will receive a 2% cost of living increase as of January 1, 2009 that was included in the approved budget. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 3:35 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board