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HomeMy WebLinkAbout2008-12-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 505 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 15, 2008, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Catherine Powell, Church of the Servant, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, 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 from the following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on November 21, 2008 Agenda Review meeting held on November 24, 2008 Regular Meeting held on December 1, 2008 Adoption of Resolution in Support of Amending Juvenile Crime Prevention Council Legislation to Include the Public Defender’s Office as a Statutory Member of the Council When Said Office Exists in a Council’s Service Region – Juvenile Crime Prevention Council The Commissioners adopted the resolution in support of amending Juvenile Crime Prevention Council legislation to include the Public Defender’s Office as a statutory member of the council when the Public Defender’s office exists in the Council’s service region. The New Hanover County Juvenile Crime Prevention Council at its November 21, 2008 meeting adopted a motion supporting the requested changes. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 26.1. Approval of Revisions to the New Hanover County Board of Fire Commissioners By-Laws – Fire Services The Commissioners, as recommended by the New Hanover County Board of Fire Commissioners, approved revisions to the New Hanover County Board of Fire Commissioners By-Laws. The changes to the by- laws are primarily editorial with one change limiting the representation of any one Volunteer Fire Department to one person on the Fire Commission. A copy of the New Hanover County Board of Fire Commissioners By-Laws is available for review in Fire Services. Acceptance of Office of Justice Programs Grant Award and Adoption of Budget Ordinance Amendment 09- 099 – Sheriff’s Office The Commissioners, on behalf of the Sheriff's Office, accepted the Office of Justice Programs Grant award and adopted Budget Ordinance Amendment 09-099 in the amount of $11,665. The grant is for the purchase of bulletproof vests and requires a local match in the amount of $11,665. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 26.2. Approval of Release of Tax Value – Tax Department The Commissioners granted the Senior Citizen/Disability Exclusion to the taxpayers as presented, approved the delinquent application for exemption from property tax for New Covenant Holiness Church (RO5505-003-005- 000) and released the late list penalties for M&N Equipment Rentals, Inc. in the amount of $672.95 and Phillips, S. Warren Jr. DDS MC PA in the amount of $51.22 as it was the taxpayer’s first offense. A copy of the Senior Citizen/Disability Exclusion list is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 26.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 506 Approval of New Hanover County Board of Education Capital Outlay Amendment #4 – Budget Department The Commissioners approved New Hanover County Board of Education Capital Outlay Amendment #4. On November 6, 2008 the New Hanover County Board of Education approved Budget Amendment #4 in their Capital Outlay Fund and transferred funds from completed and deferred projects to the Contingency Account, transferred funds from the Contingency Account for priority projects and corrected lottery and bond carryover balances. The net impact of the budget amendment is a decrease of $1,197.78 in funds appropriated in the Board of Education Capital Outlay Fund. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-096 - Sheriff's Office 09-097 - Sheriff's Office 2009-37 - Sheriff's Office 2009-38 - 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 26.4. 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: Gloria Batts, Property Management Christopher Clayton, Property Management Marilyn Howe, Health Department Bonnie King, Sheriff’s Office Ronald Ryfkogel, Fire Services Stephen Watson, Health Department Elliott Tucker, Sheriff’s Office James Phillips, Sheriff’s Office Ten Year: Margaret Eaton, Health Department Dean Hollandsworth, Department of Social Services Melita Newkirk, Department of Social Services Dominic Segers, Sheriff’s Office Frances Wooten, Department of Aging Fifteen Year: Carol Honeycutt, Tax Department Dennis Kudro, Sheriff’s Office William Owen, Sheriff’s Office Twenty Year: Marlene Dancy, Department of Social Services Renee Peglow, Information Technology Sina Vereen, Tax Department Twenty-Five Year: Margaret Miles, Library On behalf of the Board, Chairman Davis 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 for November and December to stand and be introduced: Belinda Addison, Health Department Linda Atkinson, Department of Social Services Tammy Baggett, Library Rebecca Bigford, Health Department Martha Narayan, Health Department Alex Pipes, Health Department Vicki Wells-Teachy, Health Department Clayton Wiles, Fire Services On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished them success in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 507 PRESENTATION OF AWARD BY NORTH CAROLINA BEACH, INLET & WATERWAY ASSOCIATION AS THE LOCAL GOVERNMENT PARTNER OF THE YEAR North Carolina Beach, Inlet & Waterway Association Chairperson Debbie Smith reported that New Hanover County was named as the 2008 North Carolina Beach, Inlet & Waterway Association Local Government Partner of the Year and presented the award to the Board. ADOPTION OF RESOLUTION CERTIFYING AND DECLARING THE RESULTS OF THE COUNTY’S BOND ELECTION OF $164,000,000 CAPE FEAR COMMUNITY COLLEGE BONDS Chairman Davis reported that before the Board is a resolution for adoption regarding the Certificate of Canvas of the New Hanover County Board of Elections certifying to the Board of Commissioners the results of the bond election held on November 4, 2008 and read the resolution into the record and requested a motion for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution certifying and declaring the results of the county’s bond election of $164,000,000 Cape Fear Community College Bonds. 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 26.5. AUTHORIZATION FOR THE SHERIFF’S OFFICE TO SUBMIT A GRANT APPLICATION TO THE GOVERNOR’S CRIME COMMISSION FOR THE SECOND YEAR OF A COLLABORATIVE GANG TASK FORCE EFFORT GRANT Chief Deputy Ed McMahon reported that New Hanover County and the City of Wilmington have a two- year grant with the Governor's Crime Commission for a collaborative gang task force effort project. The first year of the grant ends June 30, 2009 and the Sheriff’s Office is requesting authorization to submit a grant application for the second year of the grant. The second year of the project’s budget is the same as the first year, in the amount of $133,334; Personnel in the amount of $80,279 for one New Hanover County Gang Case Manager position and ninety hours of overtime for City of Wilmington Gang Officers; Operating Expenses for New Hanover County in the amount of $53,055. If grant funding is discontinued, these positions will be evaluated based upon available funding at that time. The local match requirement is in the amount of $33,333.50 and allocated as follows: County (75%) in the amount of $25,000.12 and the City of Wilmington (25%) in the amount of $8,333.38. Staff requests that Contingency funds be used for the County portion of the match as was done in the first year of the grant. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to authorize the Sheriff’s Office to submit a grant application to the Governor’s Crime Commissioner for a collaborative gang task force effort with the City of Wilmington and accept the grant funds when awarded with Contingency funds being allocated for the local match in the amount of $25,000.12. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR THE SHERIFF’S OFFICE TO SUBMIT THREE GRANT APPLICATIONS TO THE NORTH CAROLINA GOVERNOR’S CRIME COMMISSION Chief Deputy Ed McMahon reported that the Sheriff’s Office is requesting authorization to submit three grant pre-applications to the North Carolina Governor's Crime Commission for consideration in the 2009 funding cycle. The projects are as follows: ? Concept 1 - Addition of two personnel to the Domestic Violence Unit of the Sheriff's Office to monitor the GPS units worn by those individuals charged with domestic violence while on bond. The addition of these two personnel will work closely with the Pre-trial Release program to ensure the safety of the victim until the case disposition. Total budget in the amount of $160,010.31; Federal share in the amount of $120,007.73; Local Share in the amount of $40,002.58 ($35,222.50 in-kind equipment purchase and $4,780.08 cash) ? Concept 2 - Addition of two personnel to the sexual assault unit of the Sheriff's Office to investigate sexual assault cases involving adults. The addition of these two personnel will also be able to assist with sexual assault cases involving children. This enhancement will allow for a stronger working relationship between the Sheriff's Office and the Rape Crisis Center thus benefiting the victims of sexual assault. Total budget in the amount of $125,787.81; Federal share in the amount of $94,340.86; Local share in the amount of $31,446.95. ? Concept 3 - Further expansion of the crime prevention program offered throughout the community to include but not limited to Stranger Danger, Neighborhood Watch, and Gun Safety. The grant would allow for additional program materials. Total budget in the amount of $5,000; Federal share in the amount of $3,750; Local share in the amount of $1,250. All three pre-applications are awarded for two years with staff requesting that the local matches be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 508 allocated from General/Contingency Funds each year. If funding is discontinued, the associated positions will be evaluated based upon available funding at that time. Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to authorize the Sheriff’s Office to submit three grant pre-applications to the North Carolina Governor's Crime Commission for consideration in the 2009 funding cycle as presented with the local matches allocated from General/Contingency funds for each year. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA PARKS AND RECREATION TRUST FUND Parks Director Neal Lewis presented the request authorizing the Parks Department to submit a grant application to the North Carolina Parks and Recreation Trust fund in the amount of $500,000. If awarded, the funds would be used toward development of Smith Creek Park. If approved, the grant would be awarded in May 2009 and work could begin at the park in October 2009. The work should take approximately six months to complete once the bid is awarded. The required County match will come from revenues in the amount of $600,000 generated through the sale of sand mined from the site. The budget estimate for the project is $1,463,920. It is anticipated that the current favorable bidding climate, the purchase of trees utilizing Tree Fund money, and the use of Parks Department staff to perform some of the work, will bring the actual cost down to the $1.1 million level. If not, the project can be scaled back to reach this amount. The Parks Advisory Board recommends approval of this request. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the master plan for the development of Smith Creek Park. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to authorize the Parks Department to submit a grant application to the North Carolina Parks and Recreation Trust fund in the amount of $500,000 for the development of Smith Creek Park with the required matching funds being allocated from revenues generated through the sale of sand mined from the site. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proposed plan is available for review in the Parks Department. APPROVAL OF FEE SCHEDULE FOR NEW HANOVER COUNTY PARKS FACILITIES FOR 2009 Parks Director Neal Lewis reported that the Parks Department charges fees to reserve use of certain facilities. On an annual basis, staff reviews these fees and discusses them with the Parks & Recreation Advisory Board. On November 6, 2008 the Parks & Recreation Advisory Board approved and recommended the fee schedule as presented. The proposed fees, by comparison with fees charged by other public parks and recreation agencies in North Carolina, are at or near average for these types of facilities. Any additional revenue generated by the fee increase will be used to offset currently budgeted expenditures, therefore no budget amendment will be forthcoming. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the New Hanover County Parks Facilities fee schedule for 2009 as presented with the effective date of January 1, 2009. Upon vote, theMOTION CARRIED UNANIMOUSLY. A copy of the fee schedule is available for review in the Parks Department. APPROVAL OF PLANS FOR PHASE I OF THE OLSEN PARK PROJECT Parks Director Neal Lewis reported that Olsen Park is a project being jointly developed by the County and the City of Wilmington as a part of the 2006 Parks Bond program and presented an overview of the project. The Olsen Park Advisory Committee recommends approval of the plans for Phase I of the Olsen Park project. Phase I plans shows five softball/baseball fields, a 'Miracle Field' location, a playground and support facilities. Once approved, Phase I plans will be refined to include development of facilities with bond funds currently available for the project, which is approximately $3.4 million. The total estimated cost for Phase I is in the amount of $6 million. The playground will be developed through a cooperative venture with the Kiwanis Club of Wilmington. There is a group working to raise funds for the addition of the Miracle Field at a later date. A request for county funding through the Parks bond program will be made once final plans and cost estimates are submitted. Staff is requesting the Board approve the plans for Phase I of Olsen Park. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve Phase I of Olsen Park Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 509 A copy of the Phase I of Olsen Park is available for review in the Parks Department. AWARD OF CONTRACT TO LAND MANAGEMENT GROUP, INC. FOR MASON INLET BIOLOGICAL MONITORING Chief Engineer Jim Iannucci reported that the relocation of Mason Inlet was completed in April 2002 and as a requirement of the US Army Corps of Engineers permit biological monitoring must be performed annually. Land Management Group, Inc. has provided monitoring services connected with the Mason Inlet Relocation Project for years 0-6 and has supplied the necessary Annual Biological Monitoring Reports for the Mason Inlet Project. Continued biological monitoring for year seven is a requirement of the project and remains a permit condition. These services differ from the monitoring of bird and plant species previously performed by UNCW and no longer required by the permit conditions, and ongoing monitoring of water bird nesting areas performed by the Audubon Society under a separate contract. Land Management Group, Inc. has submitted a proposal in the amount of $22,750. Performance of annual monitoring to date has fulfilled the requirements of the permit. The cost will eventually be repaid through assessment of the benefiting property owners. Biological monitoring requirements were reduced through a modification of the permit conditions through a discussion process with the County and interested parties such as the Mason Inlet Preservation Group. Specifically, the requirement of beachfront macro-invertebrate field sampling has been eliminated. The subcontracted costs for UNCW to perform Benthic Identification have also been reduced and biological monitoring was shifted from the winter to the summer. A review of this contract has included discussions with the Mason Inlet Preservation Group and they are in agreement with the content. Staff recommends that the Board approve awarding the Year 7 contract for continued biological monitoring of the inlet project to Land Management Group, Inc. in the amount of $22,750, and authorize the Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project fund. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to award the contract to Land Management Group, Inc. for Year 7 biological monitoring of Mason Inlet in the amount of $22,750 and authorize the Chairman to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. AUTHORIZATION FOR THE COUNTY MANAGER TO ENTER INTO A CONTRACT WITH FIGURE 8 ISLAND TO PERFORM MAINTENANCE DREDGING OF MASON INLET AT NO COST TO NEW HANOVER COUNTY AssistantCounty Manager Dave Weaver reported that inthe spring of 2002 New Hanover County undertook the task of relocating and maintaining Mason Inlet for the purpose of protecting valuable properties as well as the surrounding environment. As part of the long term management plan, the County is tasked with maintaining the inlet within a fixed corridor. The management plan, as designed, incorporates the use of land based dredging equipment to remove material from the north shoulder of the inlet and place that material on the beaches and dune system of Figure 8 Island on a bi-annual basis. These activities are supplemented by conventional dredging in Mason Creek and the Atlantic Intracoastal Waterway on a four-year cycle. The maintenance cycle described is scheduled based on annualized rates of shoaling and erosion. It is anticipated that approximately 150,000 cubic yards of sand would be moved from the inlet shoulder every two years, with an additional 120,000 cubic yards dredged from the creek and AIWW when necessary. Although the most recent maintenance event took place in the winter of 2007-2008, the 2008 storm season has been very active. Tropical Storm Hanna moved significant amounts of material from the beach and dune system of Figure 8 Island into Mason Inlet. The No-Name storm which followed two weeks later moved an even larger quantity of material into the inlet. Surveys conducted after these two events showed that 165,000 cubic yards of sand had been eroded off Figure 8 and placed into the inlet. Two additional Nor’easters have occurred on spring tides since the surveys, and more material has been transported into the inlet. These storms have not only caused significant changes to the inlet system, but have also deteriorated the Figure 8 Island beaches and protective dune structure leaving several homes susceptible to damage from future storms. The engineering consultant for this project, Gahagan and Bryant Associates, has been responsible for physical monitoring and executing the Inlet Management Plan on behalf of the County and Mason Inlet Preservation Group. It is their recommendation that land based dredging operations is performed to remove material within the inlet and place that material back into the dune and beach system on Figure 8 Island. It is critical to note that Figure 8 Island proposes to perform this work at no cost to the County. The project has been endorsed by the two co-chairs of the Mason Inlet Preservation Group including property owners on the Wrightsville Beach side of the inlet. The work will protect homes and property on Figure 8 Island as well as benefit Mason Inlet. Staff recommends that the Board authorize the County Manager to enter into a contract with Figure 8 Island for land based dredging at no cost to New Hanover County or the Mason Inlet Preservation Group. The members of the Figure 8 Island Homeowners Association have not yet completed voting on this project, but it is assumed they will vote positively. County staff will not enter into the contract until a positive vote is completed. Chairman Davis requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 510 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to authorize the County Manager to enter into a contract with Figure 8 Island for land based dredging at no cost to New Hanover County or the Mason Inlet Preservation Group. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. APPROVAL OF REQUEST OF TRANSFER OF DISCHARGE PERMIT TO THE CAPE FEAR PUBLIC UTILITY AUTHORITY Assistant County Manager Dave Weaver reported that the Cape Fear Public Utility Authority requests that the National Pollutant Discharge Elimination System Permit presently held by the New Hanover County Water and Sewer District be transferred to the Authority. The permit is for 4.0 million gallons per day and expires on November 30, 2011. All other permits have been transferred to the Authority. County staff has been working with the Authority, Pender County, and others in exploring options for providing water and sewer services to the US 421 N. corridor. The current option may be to develop a small package treatment plant in the southern area of the US 421 N. corridor, with plans to expand it in the future. It should be noted that efforts to develop wastewater treatment and drinking water capacity may require financial participation from the County. If so, that request will be brought as an agenda item to the Commissioners at a later date. Since the formation of the Cape Fear Public Utility Authority, the New Hanover County Water and Sewer District is an inactive entity and cannot use the permit. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the request by the Cape Fear Public Utility Authority to transfer the National Pollutant Discharge Elimination System Permit to the Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is available for review in the Legal Department. APPOINTMENT OF COMMISSIONER BARFIELD AS VOTING DELEGATE TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS LEGISLATIVE GOALS CONFERENCE Chairman Davis reported that the North Carolina Association of County Commissioners Legislative Goals Conference will be held January 15-16, 2009 in Wake County, North Carolina and a voting delegate must be appointed and submitted to the North Carolina Association of County Commissioners by January 5, 2009. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to name Commissioner Barfield as voting delegate to the North Carolina Association of County Commissioners Legislative Goals Conference in Wake County on January 15-16, 2009. Upon vote, the MOTION CARRIED UNAIMOUSLY. APPOINTMENT OF COMMISSIONER REPRESENTATIVES TO BOARDS AND COMMITTEES FOR 2009 After discussion, the consensus of the Board is for the following commissioners and designees to serve on the various New Hanover County boards and committees for 2009. COMMISSIONERS APPOINTED TO COUNTY BOARDS AND COMMITTEES FOR YEAR 2009 Airlie Gardens Foundation Board of Directors Chairman Davis Cape Fear Community College Board of Trustees Chairman Davis Cape Fear Community College Long-Range Planning Committee Chairman Davis Cape Fear Museum Advisory Board Commissioner Barfield Cape Fear Public Transportation Authority/WAVE Transit Commissioner Barfield Cape Fear Public Utility Authority (term expires 7/1/09) Commissioner Caster Cape Fear Public Utility Authority (term expires 7/1/09) Commissioner Greer Chamber of Commerce Vice-Chairman Thompson Council of Governments - Executive Committee Commissioner Barfield Criminal Justice Partnership Advisory Board Vice-Chairman Thompson DSS Board (term expires 6/30/10) Commissioner Caster Fire Commissioners Vice-Chairman Thompson Health Board Commissioner Barfield Human Relations Commission Commissioner Barfield Juvenile Crime Prevention Council Vice-Chairman Thompson Legion Sports Complex Commission Vice-Chairman Thompson Legion Sports Complex Commission Commissioner Caster Local Emergency Planning Committee Commissioner Greer Lower Cape Fear River Program Advisory Board Commissioner Barfield Lower Cape Fear Water & Sewer Authority (term expires 5/13/09) Commissioner Caster New Hanover County Financing Corporation Commissioner Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 511 New Hanover Regional Medical Center Board of Trustees Commissioner Greer NCACC Legislative Liaison Commissioner Greer Parks & Recreation Advisory Board Vice-Chairman Thompson Port, Waterway & Beach Commission Commissioner Caster Southeastern Center (Mental Health) Commissioner Barfield Southeastern Economic Development Commission Commissioner Greer Tourism Development Authority Commissioner Caster Wilmington Downtown, Inc. Chairman Davis Wilmington Industrial Development Commissioner Greer Wilmington Regional Film Commission Commissioner Greer Wilmington Urban Area Metropolitan Planning Vice-Chairman Thompson Organization (Transportation Advisory Committee) Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the list of Commissioners Appointed to County Boards and Committees for Year 2009 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Davis reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with two applicants eligible for reappointment and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to reappoint Nadine Shipman and Judy B. Smith to serve three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cape Fear Public Transportation Authority/WAVE Transit Authority Chairman Davis reported that one vacancy needs to be filled on the Cape Fear Public Transportation Authority/WAVE Transit Authority with one applicant eligible for reappointment and one application having been received and requested nominations from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to reappoint Don Betz to serve a three-year term on the Cape Fear Public Transportation Authority/WAVE Transit Authority with the term to expire December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Council Chairman Davis reported that five vacancies need to be filled on the Cooperative Extension Advisory Council with one application having been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Christopher Yermal 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 Board of Health Chairman Davis reported that three vacancies need to be filled on the Board of Health with two applicants eligible for reappointment and seven applications having been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to reappoint Donald P. Blake to serve a three-year term on the Board of Health in the General Public category with the term to expire December 31, 2011. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Davis, Commissioner Greer and Commissioner Caster voted in favor. Motion: Commissioner Greer MOVED to appoint Harris M. McIntyre to serve a three year term on the Board of Health in the General Public category with the term to expire December 31, 2011. No second was received, therefore the MOTION FAILED. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to appoint Lenwood Sherill “Bo” Dean, Jr. to serve a three year term on the Board of Health in the General Public category with the term to expire December 31, 2011. Upon vote, the MOTION FAILED 2 TO 3. Vice-Chairman Thompson and Commissioner Barfield voted in favor. Motion: Vice-Chairman Thompson MOVED to appoint Dr. Thomas Burbank Bruff to serve a three-year term on the Board of Health in the Dentist category with the term to expire December 31, 2011. No second was received, therefore the MOTION FAILED. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to reappoint Dr. Sandra L. Miles to serve a three-year term on the Board of Health in the Dentist category with the Term to expire December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 512 Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Karen Valiquett to serve a three-year term on the Board of Health in the Engineer category with the term to expire December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Human Relations Commission Chairman Davis reported that two vacancies need to be filled on the Human Relations Commission and two applications have been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to appoint Jerome Fox and Maryann K. Nunnally to serve three-year terms on the Human Relations Commission in the At-Large Representatives category with the terms to expire December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Tourism Development Authority Chairman Davis reported that two vacancies need to be filled on the Tourism Development Authority and one application has been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint Frank M. Jones to serve a three year term on the Tourism Development Authority in the Wilmington Hotel Owner/Manager (less than 150 rooms) category with the term to expire December 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis 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. No items were presented. ADDITIONAL ITEMS ADOPTION OF RESOLUTION TO APPROVE PARTICIPATION WITH THE CITY OF WILMINGTON IN FUNDING THE SAFE LIGHT PROGRAM County Manager Bruce Shell reported that the City of Wilmington has requested the County to participate in funding the Safe Light Program. The City of Wilmington is requesting the County fund 50% of the net cost of the program. The City of Wilmington will retain 10% of the gross proceeds to cover the cost of administering the program. The resolution for the Board consideration directs the County Manager to work with the City Manager to produce an interlocal agreement. In response to Board questions, Budget Director Cam Griffin clarified the following: ? Over the life of the program New Hanover County Schools have received approximately $720,000 annually from the Safe Light Program ? Due to equipment failure the Schools are currently receiving half the former amount which is approximately $30,000 per month from the Safe Light Program Chairman Davis clarified that if the agreement comes to fruition the following will apply: ? The interlocal agreement will be between the City of Wilmington and the County ? The County agrees to fund 50% of the net cost of the Safe Light Program not to exceed $200,000 per year ? The initial term will be for five years ? When considering the annual budget request by the Board of Education, the County will take into consideration the total amount funded for this program Vice-Chairman Thompson stated that he would like to see the Safe Light Program expanded into the County. After discussion, Chairman Davis read the resolution into the record, noting changes based on the Board’s direction, and requested a motion for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution approving participation with the City of Wilmington in the Safe Light Program as read. 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 26.6. WORK SESSIONS SCHEDULED After discussion the Board scheduled the following work sessions: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, DECEMBER 15, 2008 PAGE 513 ? Tuesday, January 20 – Budget update/work session immediately following the Regular Session meeting. ? Monday, February 16 – Tax Increment Financing work session immediately following the Regular Session meeting. BREAK Chairman Davis called for a break from 10:50 a.m. to 11:00 a.m. CLOSED SESSION Chairman Davis announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to consider a personnel matter. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to consider a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 11:00 a.m. CONVENE TO REGULAR SESSION Chairman Davis reconvened to Regular Session at 11:30 a.m. and reported that the Board had considered the New Hanover County Register of Deeds annual salary and requested direction from the Board. Motion: Commissioner Caster MOVED, Vice-Chairman Thompson SECONDED, to set the New Hanover County Register of Deeds salary at the annual rate of $53,753, retroactive to December 1, 2008. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Barfield voted in opposition. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 11:32 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board