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Agenda 2009 04-06AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS - Assembly Room, New Hanover County Historic Courthouse v 24 North Third Street, Room 301 g Wilmin ton, NC r TED DAVIS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ~ ~ ~~'a ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER r ~ BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ~ f ~a# i ~l r e APRIL 6, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (Robert Campbell, Senior Pastor, New Beginning Christian Church) PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Accept the Transfer of Elderly & Disabled Transportation Assistance Program (EDTAP) Funds from WAVE to the Department of Aging 3. Second Reading: Approval of Solid Waste Franchise for KHH Disposal, Inc. 4. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 6:05 p.m. 5. Consideration of Sexual Assault Awareness Month Proclamation 6:10 p.m. 6. Consideration of Spring Litter Sweep Proclamation 6:15 p.m. 7. Consideration of Fair Housing Month Proclamation 6:20 p.m. 8. Approval to Submit a Grant Application to the Office of Community Oriented Policing Services (COPS) for Eight Deputy Positions for Funding Under the COPS Hiring Recovery Program (CHRP) 6:25 p.m. 9. Presentation by Marlowe & Company 6:45 p.m. 10. Public Hearing Special Use Permit (5-588-3/09) - Request by Myrtle Grove Investments, LLC for a Special Use Permit to Allow a 10-Slip Community Boating Facility to Serve the TidalWalk Subdivision in the 7800 Block of Myrtle Grove Road (The site is in an R-15 Residential zoning district and is classified as Conservation on the 2006 LAMA Land Classification Map.) 7:15 p.m. 11. Consideration of a Resolution of Support for the Pleasure Island Greenway 7:25 p.m. 12. Presentation to Provide an Update on the Progress of the Trails End Public Water Access 7:40 p.m. 13. Appointment of Chairman to the Special Board of Equalization and Review ADDITIONAL AGENDA ITEMS OF BUSINESS 7:45 p.m. 14. Consideration of a Resolution in Opposition to Senate Bill 758 An Act to Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv~ Transfer Secondary Road Responsibilities to County Governments 7:50 p.m. 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:00 p.m. 16. NON-AGENDA ITEMS (limit three minutes) 8:15 p.m. 17. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Session meeting held on March 16, 2009 Budget Work Session held on March 16, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ 14,ki 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 CONSENT ITEM: 2 DEPARTMENT: Aging PRESENTER(S): Annette Crumpton CONTACT(S): Annette Crumpton SUBJECT: Approval to Accept the Transfer of Elderly & Disabled Transportation Assistance Program (EDTAP) Funds from WAVE to the Department of Aging BRIEF SUMMARY: WAVE Transit has agreed to transfer $7,500 of their unallocated state EDTAP supplemental transportation funds to the Department of Aging. The Department of Aging will use these funds to provide transportation services to elderly persons on the waiting list. The Department of Aging currently has 160 persons on the waiting list. The Department of Aging currently receives 40% of the state EDTAP funds that come to New Hanover County each year. The $7,500 will be added to the amount received for 2009. There is no County match requirement for the EDTAP funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the County Commissioners approve the transfer of $ 7,500 EDTAP supplemental funds from WAVE to the Department of Aging and adopt ordinance for budget amendment 09-212. ATTACHMENTS: Wave transfer funds letter BA 09-0212 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. 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"~'~il~z ~ ~y~~aLrr~ ~~~~~►~~ii,~ yr~t r~~] r~l;],i, _ i~t~ ~°r ~ ~ ~~~~~;1~.: tc~ r~~a]~~ ~'~~~i~ LLI'r-~r~~i a ~~rc~~.~ss]`Gr] r°~,~i~~r~~I ~~rr]~]i~v tr;~i~~;l~~,r~~ir~E~~~► ]a►-~r~.~~, +~~rr ~~~~i]~ r~~ ~ a. ~~]};~r~~k ~ ~r ~~a~~ ~~~r~ ~=~~~~rr~ ~er~~]c~ t~;~ ~]~~3 c~~~r~~~~~~.rr~i1~7, {rr~r~~ ~ ~ ~~~~i~~ ~~r~~rwr ~~~~t ~r~~]~:►~~~. Qr1 ~f~~~~~~ r~~rr~~,r~~~r~f: .t][~~►~r I~~~~a ('c t';: ~ I ::a~~~ ~~'~<<~~~c ._~r~~~a~r~Q~~~'►~t ~r~ ~`~,ah ~ir~iy~ ;~1~~~7 . n~i ~,°.-,f9. Board of Commissioners Meeting n~ mti~~nna v~~ w~ ~.vv~ 2 - 1 - 1 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-212 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-212 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging/Transportation Ex enditure: Decrease Increase Trans ortation: TAP - Elderl Trans ortation $7,500 Total $7,500 Revenue: Decrease Increase Trans ortation: EDTAP Su lemental Funds $7,500 Total $7,500 Section 2: Explanation To budget a WAVE Transit transfer of $7,500 of unallocated state Elderly & Disabled Transportation Assistance Program (EDTAP) supplemental transportation funds to the Department of Aging. The Department of Aging will use these funds to provide transportation services to elderly persons on the waiting list. No matching county funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-212, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 2-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 CONSENT ITEM: 3 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Second Reading: Approval of Solid Waste Franchise for KHH Disposal, Inc. BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The initial franchise period would run for seven years. The Board unanimously approved the first reading on March 16, 2009. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This is the second reading required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility. ATTACHMENTS: KDH Disposal Letter Award of Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-0 1620 Gander Drive Wilmington, NC 28411 New Hanover County Sharon J. Huffman 230 Government Center Dr, Suite 125 Wilmington, NC 28403 February 21, 2009 Dear Ms Huffman, Enclosed is an application for obtaining a franchise permit for hauling solid waste collection. We plan to create a corporation, the principal share holders will be: Kevin M Hinsdale David M Hinsdale 1620 Gander Drive 7 Shelter Cove Wilmington, NC 28411 Churchville, NY 14428 910-616-5697 5 85-734-6821 51 % Share 49% share Within the t year, we plan to acquire: 1 Refuse truck Approximately 400 -1000 Residential Carts Building andlor land for trucklcart storage Plan to hire two employees within the first year and as business grows, one additional person per year as needed. Kevin Hinsdale has been employed for 3.5 years managing aroll-off commercial and residential refuse pickup organization. He has experience overseeing daily operations including; truck maintenance, employee scheduling, obtaining and retaining customers, as well as customer service. David Hinsdale has owned his own general construction business in New York for 3 5 years. He has managed j ob sites, employees, billing, pricing, equipment maintenance and contracts. We appreciate your time and consideration of our application. If have any other questions or need additional information, please feel free to contact either of us. Thank you. Sincerely, Kevin Hinsdale David Hinsdale Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-1-1 NEW HANOVER COUNTY CONTRACT # 09- NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the 6th day of April 2009, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and KDH Disposal, Inc. a North Carolina Corporation with its principal office at 1620 Gander Drive Wilmington, NC 28411 hereinafter called "Operator." WITNESSETH: WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customers of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys anon-exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of A reement. The initial term of this Franchise Ordinance and Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County-approved disposal sites. 3. Disposal at County-Apbroved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County-approved facilities. With regard to County-approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. Page 1 of 4 cb Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-2-1 NEW HANOVER COUNTY CONTRACT # 09- 4. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment such as to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, his or her agents and employees shall not be entitled to any County, and as such, Operator, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnit . To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Assignment, Contracting The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 10. Termination. The franchisee may terminate this franchise upon three hundred sixty- five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Section 44-43.5 of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 1 / .Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. Page 2 of 4 cb Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-2-2 NEW HANOVER COUNTY CONTRACT # 09- 12. Equal ObportunitX. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 13. Entire A reement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. NEW HANOVER COUNTY Ted Davis, Jr. Chairman, Board of Commissioners ATTEST: Clerk to the Board KDH DISPOSAL, INC. President ATTEST: Secretary Approved as to form: County Attorney Page 3 of 4 cb Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-2-3 NEW HANOVER COUNTY CONTRACT # 09- NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Sheila L. Schult personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of 2009. Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Secretary of KDH DISPOSAL, INC., and that by County duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested byhim/herself as its Secretary. WITNESS my hand and official seal, this day of , 2009. Notary Public My commission expires: Page 4 of 4 cb Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 3-2-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 CONSENT ITEM: 4 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09-188 -Social Services 09-191- Aging 09-182 -Health 09-186 -Health 09-194 -Health 09-195 -Health 09-196 -Health 09-197 -Health 09-199 -Health 09-200 -Health 09-201- Health 09-202 -Health 09-203 -Health 09-205 -Health 09-206 -Health 09-207 -Health RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: Budget Amendments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-0 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-188 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-188 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/NC Natural Gas Share The Warmth Ex enditure: Decrease Increase NCNG Share The Warmth: Assistance Pa menu $2,011 Total $2,011 Revenue: Decrease Increase Administration: DSS Admin 1571 Funds -Federal/State $2,011 Total $2,011 Section 2: Explanation To budget an increase in allocation received from the NC Natural Gas Share the Warmth Program. No matching County funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-188, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v~~ w~ ~.vv~ 4-1-1 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-191 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-191 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging/Medicare Transition Program Ex enditure: Decrease Increase Medicare Transition Pro ram: Salaries $7,150 FICA 547 Posta e 500 Printin 403 Su lies 200 Trainin & Travel 200 Volunteer Reco ninon 31,000 Total $10,000 Revenue: Decrease Increase Medicare Transition Pro ram: SHIIP Grant $10,000 Total $10,000 Section 2: Explanation To budget grant funds of $10,000 received from the NC Department of Insurance, The Seniors' Health Insurance Information Program (SHIIP), to fund a portion of operating costs for the Prescription Drug Assistance program from 12/01/08 through 11/30/09. There is no County match required. Approval to submit the grant application was granted at the October 20, 2008, Board of County Commissioners meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-191, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-2 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-182 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-182 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Maternal Health Ex enditure: Decrease Increase Health/Maternal Health: Su lies $1,500 Total $1,500 Revenue: Decrease Increase Health/Maternal Health: NC Health Start Foundation ant $1,500 Total $1,500 Section 2: Explanation To budget grant award of $1,500 from the NC Healthy Start Foundation. These funds will be used to purchase and distribute multi-vitamins with folic acid to low income women who access the services of the Health Department. Also these clients will receive education on pre-conception health, prevention of birth defects and the need to use these vitamins during their reproductive years. The County Commissioners approved the application for this grant at their January 20, 2009, meeting. No County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-182, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-3 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-186 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-186 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Community Health Ex enditure: Decrease Increase Health/Communit Health: Contract Services $1,696 Total $1,696 Revenue: Decrease Increase Health/Communit Health: Neurolo State Revenue $1,696 Total $1,696 Section 2: Explanation To budget reduction in state funding for the Epilepsy program. The North Carolina Department of Health and Human Services Division of Public Health has notified the New Hanover County Health Department of the reduction in state funding for the current fiscal year. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 096-186, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-4 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-194 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-194 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Mobile Dental Unit Ex enditure: Decrease Increase Health/Mobile Dental Unit: Contract Services $75,000 Su lies 13,000 Trainin and Travel 2,000 Salaries and Wa es 30,000 Total $120,000 Revenue: Decrease Increase Health/Mobile Dental Unit: Title XIX Fees $115,000 NC Health Choice Fees 5,000 Total $120,000 Section 2: Explanation During this fiscal year, the Health Department's Mobile Dental Unit program has seen clients requiring less complicated services since many were initially treated for major services last fiscal year, resulting in less than expected revenues and expenditures for this current fiscal year. Decrease in salary and wages due to mandatory furloughs and lapsed salaries. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-194, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-5 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-195 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-195 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Child Service Coordination Ex enditure: Decrease Increase Health/Child Service Coordination: Salaries and Wa es $115,000 Total $115,000 Revenue: Decrease Increase Health/Child Service Coordination: Title XIX Fees $115,000 Total $115,000 Section 2: Explanation The Health Department is reducing the budget for the Child Service Coordination program because one position has been frozen, reducing revenue and salary expenses. Mandatory furloughs will also result in additional reductions in expenses. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-195, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-6 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-196 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-196 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Maternity Care Coordination Ex enditure: Decrease Increase Health/Maternit Care Coordination: Salaries and Wa es $30,500 Cellular Ex ense 2,500 Total $33,000 Revenue: Decrease Increase Health/Maternit Care Coordination: Title XIX Fees $33,000 Total $33,000 Section 2: Explanation The Health Department is reducing the budget for the Maternity Care Coordination program due to mandatory furloughs reducing salary and other expenditures. These reductions more accurately reflect the current operating budget for this program. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-196, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-7 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-197 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-197 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Maternity Outreach Worker Ex enditure: Decrease Increase Health/Maternit Outreach Worker: Salaries and Wa es $5,150 Cellular Ex ense 550 Trainin and Travel 3 00 Em to ee Reimbursements 2,000 Total $8,000 Revenue: Decrease Increase Health/Maternit Outreach Worker: Title XIX Fees $8,000 Total $8,000 Section 2: Explanation The Health Department is reducing the budget for the Maternal Outreach Worker program due to mandatory furloughs reducing salary and other expenditures. These reductions more accurately reflect the current operating budget for this program. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-197, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-8 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-199 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-199 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Women's Preventive Health Ex enditure: Decrease Increase Health/Women's Preventive Health: Contract Services $10,469 Total $10,469 Revenue: Decrease Increase Health/Women's Preventive Health: Breast and Cervical Cancer Control Pro am rant $10,469 Total $10,469 Section 2: Explanation To budget additional grant award of $10,469 from the State of North Carolina for the Breast and Cervical Cancer Control Program. These funds will provide services such as mammograms for patients in the Women's Preventive Health Program. No County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-199, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-9 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-200 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-200 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Public Health Bioterrorism Ex enditure: Decrease Increase Health/Public Health Bioterrorism: Ca ital Outla - Co iers $4,354 Radios 11,000 Su lies 6,646 Total $22,000 Revenue: Decrease Increase Health/Public Health Bioterrorism: State Grant $22,000 Total $22,000 Section 2: Explanation To budget additional grant award of $22,000 from the State of North Carolina for the Public Health Bioterrorism program. These funds will be used to purchase additional 800 MHz radios, a copier, a portable sound system, and other items such as Smart boards and presentation media. No County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-200, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-10 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-201 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-201 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Project Assist Ex enditure: Decrease Increase Health/Project Assist: Su lies $2,662 Total $2,662 Revenue: Decrease Increase Health/Project Assist: State Grant $2,662 Total $2,662 Section 2: Explanation To budget additional grant award of $2,662 from the State of North Carolina for the Project Assist program. These funds will be used to purchase educational pamphlets about the dangers of smoking, along with tumblers, puzzles, and pens. No County match is required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-201, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-11 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-202 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-202 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Mental Health Ex enditure: Decrease Increase Health/Mental Health: Salaries and Wa es $69,000 Su lies 1,912 Total $70,912 Revenue: Decrease Increase Health/Mental Health: Char es for Services $66,711 Contract with New Hanover Count Schools 4,201 Total $70,912 Section 2: Explanation The Health Department is reducing the revenue and expense budgets for the School Mental Health program to reflect the actual contract amount for this fiscal year. The reduction in the revenue budget will be offset by savings in salaries and operating expenses. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-202, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-12 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-203 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-203 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/School Health Ex enditure: Decrease Increase Health/School Health: Salaries and Wa es $5,786 Total $5,786 Revenue: Decrease Increase Health/School Health: School Funds to School Health $5,786 Total $5,786 Section 2: Explanation The Health Department is reducing the School Health budget to reflect the actual contract amount for this fiscal year. The reduction in the revenue budget will be offset by savings in salaries. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-203 amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-13 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-205 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-205 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Family Counseling Services Ex enditure: Decrease Increase Health/Famil Counselin Services: Salaries and Wa es $3,000 Total $3,000 Revenue: Decrease Increase Health/Famil Counselin Services: Ca e Fear Memorial Foundation Grant $3,000 Total $3,000 Section 2: Explanation The Health Department is reducing the budget for the Family Counseling program because the actual award is $3,000 less than budgeted this fiscal year. The reduction in revenue will be offset by a reduction in salaries. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-205, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-14 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-206 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-206 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/Environmental Health Ex enditure: Decrease Increase Health/Environmental Health: Su lies $21,000 Total $21,000 Revenue: Decrease Increase Health/Environmental Health: Health Fees $21,000 Total $21,000 Section 2: Explanation The Health Department is reducing the Environmental Health budget by $21,000 due to current limited construction in the County, which has resulted in fewer revenues from on-site water and sewer services and a reduction in permit fees. This decrease in revenues is offset by a reduction in supply expenses. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-206, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-15 AGENDA: April 6, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-207 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-207 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health Department/VectorContml Ex enditure: Decrease Increase Health/Vector Control: Contract Services $28,000 Rent - E ui ment 20,000 Total $48,000 Revenue: Decrease Increase Health/Vector Control: Health Fees $28,000 Co s of En ineers Grant 20,000 Total $48,000 Section 2: Explanation The Health Department is reducing the Vector Control budget in two areas. First, the marina dredging project revenues will not be received due to implementation issues within the Army Corps of Engineers. Secondly, the physical spoil work previously requested by the Corps for the Eagle Island project has slowed significantly, resulting in loss of revenue and less use of rental equipment. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-207, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 4-1-16 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 5 DEPARTMENT: County Manager PRESENTER(S): Margaret Weller-Stargell, CEO of Coastal Horizons Center, Inc. CONTACT(S): Julie Ozier, Rape Crisis Center Supervisor SUBJECT: Consideration of Sexual Assault Awareness Month Proclamation BRIEF SUMMARY: Julie Ozier, Rape Crisis Center Supervisor at Coastal Horizons Center, Inc., submitted the attached proclamation for your consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Sexual Abuse Awareness COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION WHEREAS, sexual assault touches the lives of all New Hanover County citizens, whether as a victim, survivor, family member, significant other, neighbor, friend, or co- worker of asurvivor; and WHEREAS, Rape Crisis Center staff and DEDICATED volunteers served more than 333 new sexual violence victims in the past year through in-person rape crisis hospital response to offer support, process options and advocacy from the forensic evidence collection, criminal proceedings, and throughout the healing process as well as providing free and confidential individual counseling and support group services; and WHEREAS, it is critical to EDUCATE citizens regarding the prominent incidence of sexual violence, increase New Hanover County's awareness of sexual assault, INSPIRE greater action to reduce sexual violence, and to ENHANCE cooperation between agencies that serve rape victims; and WHEREAS, Rape Crisis Center of Coastal Horizons Center, Inc. and the New Hanover County Sexual Assault Response Team WELCOME support and assistance from New Hanover County citizens to CREATE a society free from sexual violence, rape, sexual abuse, and sexual exploitation - a community where sexual predators ARE NOT WELCOME and WILL beheld ACCOUNTABLE. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of April 2009 be recognized as "Sexual Assault Awareness Month" in New Hanover County. BE IT FURTHER PROCLAIMED that the Board of Commissioners pledge themselves and ask our citizens, professional and volunteer, to TAKE ACTION NOVU to assist Rape Crisis Center's UNTIRING efforts to eliminate sexual violence from our families, our neighborhoods and our community. ADOPTED this the 6th day of April, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 5-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 6 DEPARTMENT: County Manager Publisher PRESENTER(S): Jennifer O'Keefe CONTACT(S): Jennnifer O'Keefe SUBJECT: Consideration of Spring Litter Sweep Proclamation BRIEF SUMMARY: Each spring and fall, the North Carolina Department of Transportation encourages citizens to help clean up our roads and environment by participating in the Litter Sweep Roadside Clean Up. Adopt-A-Highway volunteers, churches, civic organizations, schools, businesses, NCDOT crews, local governments, and the Department of Corrections inmates participate in this two-week long event. Anyone interested in adopting a highway or organizing a clean up may contact Ms. April Lockamy with NCDOT at (910) 341-0500. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Spring Littler Sweep Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPRING LITTER SWEEP 2009 PROCLAMATION WHEREAS, the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and WHEREAS, the Spring 2009 LITTER SWEEP roadside cleanup will take place April 18 -May 2, 2009, and encourages local governments, communities, civic and professional groups, businesses, churches, schools, families, and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department of Correction inmates, and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation; and WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; and WHEREAS, the Spring 2009 LITTER SWEEP will celebrate the 21st anniversary of the North Carolina Adopt-A-Highway program and its 5,750 volunteer groups that donate their labor and time year round to keep our roadsides clean; and WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children of this great state regarding the importance of a clean environment to the quality of life in North Carolina. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 18 -May 2, 2009 be recognized as "Spring Litter Sweep" in New Hanover County. ADOPTED this the 6th day of April, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v~~ w~ ~.vv~ 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 7 DEPARTMENT: County Manager Publisher PRESENTER(S): Carl A. Byrd, Sr., Director and/or Barbara Chestnut Kane, Chairperson CONTACT(S): Carl A. Byrd, Sr. SUBJECT: Consideration of Fair Housing Month Proclamation BRIEF SUMMARY: The New Hanover Human Relations Commission members request the New Hanover County Board of Commissioners to proclaim April 2009 as "Fair Housing Month" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Fair Housing Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 7-a NEW HANOVER COUNTY BOARD OF COMMISSIONERS FAIR HOUSING MONTH PROCLAMATION WHEREAS, the New Hanover Human Relations Commission and the Friends of Human Relations, Inc. are sponsoring Fair Housing Month; and WHEREAS, the New Hanover Human Relations Commission seeks the elimination of housing discrimination through public awareness and housing community education and understanding of Fair Housing Laws; and WHEREAS, we encourage all citizens to respect, work, and support the establishment of fair and equitable housing for all persons regardless of race, religion, sex, color, disability, and familial status; and WHEREAS, through personal commitment to the value of justice and civil rights, specifically as they pertain to housing, each of us can help to preserve, protect, and perpetuate the rights of others to freedom, liberty, and j ustice. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2009 be recognized as "Fair Housing Month in New Hanover County". All citizens are called upon to join forces in creating and practicing a mutual bond of recognizing and respecting differences, and resolve to accept a personal challenge to provide fair housing opportunities to all citizens of New Hanover County. ADOPTED this the 6th day of April, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v~~ w~ ~.vv~ 7-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 8 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Sidney A. Causey CONTACT(S): Sheriff Sidney A. Causey SUBJECT: Approval to Submit a Grant Application to the Office of Community Oriented Policing Services (COPS) for Eight Deputy Positions for Funding Under the COPS Hiring Recovery Program (CHRP) BRIEF SUMMARY: On February 17, 2009, the Office of Community Oriented Policing Services (COPS) announced the availability of funding under the COPS Hiring Recovery Program (CHRP). The COPS Office will receive the funds from the American Recovery and Reinvestment Act of 2009 to address the sworn officer personnel needs of state, local, and tribal law enforcement. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for three years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date as a result of local budget cuts. Grantees must retain all sworn officer positions awarded under the CHRP grant for a period of one year (12 months) following the conclusion of grant funding. The retained CHRP-funded positions should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally funded positions that would have existed in the absence of the grant. The Sheriff's Office is requesting approval to submit a grant application to the COPS Office for the salary/benefits of eight deputy positions (result of local budget cuts). If the grant is awarded as requested, the three-year grant funding is estimated to be approximately $1.32 million. There is no local match requirement. Grantees must retain all sworn officer positions awarded under the CHRP grant for a period of one year (12 months) following the conclusion of grant funding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriff's Office to submit a COPS grant application for eight deputy positions for funding under the COPS Hiring Recovery Program (CHRP) and recommend approval of the grant if awarded. ATTACHMENTS: COPS grant letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider request. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 8-a COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 8-a e I T U.S. Department of Justice Office of Community Oriented Policing Services (COPS} Off ce of the Director 11 QO ljermvntA~tenue, N W, Wash.ingtvn, DC ?OS30 March 9, 2009 Dear Colleague, On February 17, 2009, the Office of Community Oriented Policing Services (COPS Office} announced the availability of funding under the COPS Hiring Recovery Program (CHRP). Ta remind you of this important opportunity, the COPS Office will receive the funds from the American Recovery and Reinvestment Act of 2009 to address the sworn officer personnel needs of state, local, and tribal law enforcement. Application materials are scheduled to be available as of March 16, 2009, and applications will be accepted during a four-week timeframe. CHRP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. Up to $1 billion in grant funding will be available for the hiring and rehiring of additional career law enforcement officers. There is no local match requirement for CHRP, but grant funding will be based an current. entry-level salary and benefits packages, and therefore any additional costs for higher salaries or benefits far particular individuals hired will be the responsibility of the grantee agency. CHRP grants. will provide 100 percent funding for approved entry-level salaries and benefits far 3 years (36 months) for newly-Hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a result of local budget cuts. In addition, there is no cap on the number of positions an agency may request, but awards will be limited to available funding. . Grantees must retain all sworn officer positions awarded under the CHRP grant for a period of one year (12 months) following the conclusion of grant funding. The retained CHRP-funded position(s) should be added~to the grantee's law enforcement budget with state and/or local funds, aver and above the number oflocally-funded positions that would have existed in the absence of the grant. In evaluating how many positions to request, please be mindful of the initial 3-year grant period and your agency's ability to f 11 the officer positions awarded, as well as to retain the additional positions for 12 months following the conclusion of the grant, while following your agency's established hiring policies and procedures. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 8-1-1 . Applications for CHRP grants will be accepted only online tlu~ough the COPS Office web site; www.cops.usdoj•gov• The online application materials are scheduled to be available before the end of March, but in the interim, the COPS Office wants to ensure that your agency has sufficient time to complete all required pre-application steps before the solicitation opens. Thousands of law enforcement agencies have already visited the COPS Office web site to establish or update their online account through the "Account Access" feature, and to review important information regarding CHRP eligibility, details on application procedures, the COPS nonsupplanting requirement, and other frequently asked questions regarding the program. You will receive another e-mail from the COPS Office notifying you once the online CHRP solicitation is available, and please check our web site frequently for additional program updates. The COPS Office looks forward to working with the law enforcement agencies that apply under this program and will provide technical assistance to applicants during the solicitation process, as requested. For more information, please visit the COPS Office web site at www.co~s.usdoj, Gov, or call the COPS Office Response Center at 1.800.421.6770, Sincerely, ~ Timothy J. Quinn Acting Director ~ Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 8-1-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 9 DEPARTMENT: County Manager PRESENTER(S): Howard Marlowe and Daniel Sheehan CONTACT(S): David F. Weaver SUBJECT: Presentation by Marlowe & Company BRIEF SUMMARY: Marlowe and Associates, a firm in Washington, D.C. that specializes in promoting projects for beach renourishment, dredging, and similar projects, has been hired by the County to represent the County and its municipalities in Washington. Marlowe will provide an update on its activities and the progress of County beach projects. Marlowe is paid from the beach renourishment portion of the Room Occupancy Tax Fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 9-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Special Use Permit (5-588-3/09) -Request by Myrtle Grove Investments, LLC for a Special Use Permit to Allow a 10-Slip Community Boating Facility to Serve the TidalWalk Subdivision in the 7800 Block of Myrtle Grove Road (The site is in an R-15 Residential zoning district and is classified as Conservation on the 2006 CAMA Land Classification Map.) BRIEF SUMMARY: At the March 5, 2009 Planning Board meeting, the Board voted 5-0 to recommend approval of the proposal with the staff's recommended additional conditions. No one spoke during public comments. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions) based on the appropriate findings of fact. 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the four categories listed in the findings of fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. ATTACHMENTS: 5-588 findings of fact 5-588 petition summary 5-588 adjacent property map 5-588 applicant materials 5-588 site plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Vice-Chairman Thompson was recused 4-0. Approved with conditions recommended by staff 4-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ 14,ki 10-0 SPECIAL USE PERMIT 5-588 (3/09) 10-slip Community Boating Facility Request By: Tidal Walk HOA (James Martin) Location: 7800 Block of Myrtle Grove Road PLANNING BOARD ACTION: At it's March 5, 2009 meeting, the Planning Board voted 5- 0 to recommend approval of the proposal with the staff s recommended additional conditions. No one spoke during public comments. Preliminary Staff Findings 1. The board must end that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is accessed via Tidalwalk Drive off Myrtle Grove Road, which is identified as an urban collector on the Roadway Functional Classification map with Level of Service D. B. The landward portion of the project is a small island mixed with common area and private lots. C. The landward area is located in a VE flood hazard area. D. The docks maybe served by private well for water. Sewer is not proposed for this facility. E. Fire service will be provided by the Myrtle Grove Fire Department F. Stormwater is not applicable to the docks. G. An existing residential pier with one boat slip will be expanded to accommodate the proposed 10 slips. H. Water depths are reported as approximately 2.6 feet at mean low water in the vicinity of the proposed slips. I. The slips will use boat lifts. J. The waters are primary nursery areas and open shellfishing waters. K. A LAMA permit is pending county approval. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The project is located along the Intracoastal Waterway in a subdivision approved for 197 residential units. B. Community boating facilities are allowed in R-15 zoning districts with a special use permit under certain conditions. C. Access is via common area to which all lot owners are given easement. In accordance with the covenants. D. A total of 10 boat slips will serve the exclusive use and enjoyment of property owners in Tidalwalk subdivision, in accordance with the definition of community boating facility included in the 2006 LAMA Land Use Plan. E. Off street parking will be accommodated by parking at home sites in the subdivision in combination with 4 spaces on the island that will be reserved for the boating facility use and 6 additional spaces at the clubhouse/amenity center. Pervious paving options are proposed. F. No commercial activities are proposed or allowed for the facility. 5-588(3/09) Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv~ 10-1-1 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along the Intracoastal Waterway. 4. The Board must find that 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. A. The New Hanover County Comprehensive Plan classifies this location Conservation B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. Surrounding land uses are single-family residential. Staff suggests the following additional conditions: 1. The HOA covenants must be amended to address the management and maintenance of the community boating facility in accordance with the land use plan and ordinance. The current covenants, Article IV, Section 2 is not adequate for these purposes. An amended section needs to be reviewed and approved prior to County Commissioners' consideration of the special use permit. 2. Deed restrictions should be placed on all waterfront lots in the Tidalwalk Subdivision, disallowing individual dock s and piers upon approval of this special use permit. ACTION NEEDED: (Choose one) 1. Motion to Approval (with or without conditions) based on the appropriate findings of fact. 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 5-588(3/09) Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 10-1-2 Case: 5-588, 3/09 Community Boating Facility for 10 Slips Petition Summary Data Owner/Petitioner: Tidal Walk HOA (James Martin) Existing Land Use: Community boating facility Zo~ History April 7, 1971 (Area 4) Land Classification: Conservation Water Type: N/A ~r Sewer T~ N/A Recreation Area: Veteran's Park Access & Traffic Volume: Myrtle Grove Road (urban collector) ADT 3,663 (4/03} compared to 4,295 (4/05) or +17%. 2007 LOS=D Fire District: Myrtle Grove FD Watershed & Water Quality Classification: Seabreeze SA;HQW Aquifer Rechar e Area: Shallow water table sand aquifer and underlying artesian aquifer containing fresh water over salty water Conservation/Historic/Archaeological Resources: Special Hazard Flood Zone (VE}; Primary Nursery Area; Tidal Marsh Soils: landward is Nh-Newhan and TM-Tidal Marsh Septic Suitability Class I Suitable (Nh} and Class IV Unsuitable (TM) Schools: Bellamy Elementary Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 10-2-1 r N M ~ ~ N t0 h h CD 01 O r r N N M ~ lfl t0 f~ OD 00 C1 d1 O r N M ~ ltJ t0 I~ 00 C1 D r N M M ~ lA tD h 00 d1 O r N M ~ N t0 I~ OD C1 ~ r r r r r r r r r r r r r r N N N N N N N N N N M M M M M M M M M M M~~~~~~~~~~ l~ J v ~ Z Z 1C t7 N N Z ~ ~ ~ ~ x } a J ~ a d 3 z ~ J~ J ~ W ~ U J ~ J~ x J O Z a ~ U~~ Q ~ W W yap }a a ~ awU ~ z33 ~ ~ ~ H~ C7 J a i a~ N a g g a~ a w- g N J a W w~ a z ~ 0 a J JYcn~n ~ J zU ~a°o aa~== -~~da oo~~o QN~~'~ a~~ ~d wz~ ~a~ az N J ~J a a w~ W~>J 7 = z J~ Iw x W N~~ J gg2 ~ 7 ~ ~ ~ J ~ O Z ~ W ~ ~ ~ 0 0 ~ U } ~ J J J ~ ~ ~ 0 ~ a ~ ~ W Q ~ H H ~ U 2 ~~~j ~ ~ ~ ~ ~ ~ a ~ ~ ~w OOmao~ JOa~}}~J z mmVVH J xWm~Jw~Ou~u~ "'CgHm F J a owz~~~wgaoogwxaa~~aw~a~iaa~~°o~i~g~>~paxw aaJU~~~~> Nw~ga ~z~a Z z J m~~ 3 3 a a ~ o a o p o o ~ Z m O~- J~~~ 0 0} U N UJ a~ W Z p 9zz~ o z _ ~~-x~ o~~ ~~U~p~~~z-zoJOo}zm~oZ°~a ~za a88~~J}ozozz x W z 0 0~ ~ J o O~-- z z~~~ ~ x c7 p w x z~ a a a a~ Z~ H O a a O~~ x~ J d O J } U a W N ~ U J J Z Z J} ~ U- W Z N N g ~ W O~ fA 0 U Q t y ga m Z~ J Z Z~~ w fA a N~] Z~~ ~ ~ O a z J O J J z~ a} W C9 a a~ y~° z° zW } ~ ~ ~n z ~ fA J L71 U' C9 Y ~C m m~ J~~ W W I~ ~ p~ 0 0 W W Z H J= H H J fA J J J ~ a Z a ~ 99 ~ CL] p W O a maJZZ00mm~~~cnN~a~~~ JJ~~x~ILU~Z~ zz~JJJ0u~0 ~xu7~Wv~wO}0~~~ maoooooaa~p~aaoo~ ~i~iooooo oppw}~~xaaxxx~??x~oUZaa~~axa=- m U U U U U U U U U w w t7 t7 t7 t7 t7 x x x x x x~~ J~~~~ z z 0 a a a a a a a a a~ N N N N N N H H~~ 3 ~ - - - ~ ~ ~I I~ - ~ I h I t III ~I II II 0 ~ ~ I I a. 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The proposed cotnt~~un~t~r boating ~a~~l~.ty is alp epa~~slo~1 ol`an e~istzn dacl~ac 1`acility az~d is z~ot pra~ected to l~a~e a r~c~ati~re i~~~pact an the abu.tti~~ ~]I`4p~~'~1~. d. '~l~at tic location and cha~~actr of the use if developed according to tlae play. as s~i~mittetl antl apps~ovec~ ~vxii be xn harmony ~~itl~ the area in ~~hicl~ it is to be located Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 10-4-2 S ` ~ ~nc~ ge~~r~i on~r~~,z~y ~vi~~~ ~~ae ~~~d use ~n ~t~ ~o~ic~e for ~~•o~~~~~ . c~eve~o~rnea~~ for ~~t ~~ov~~ ~u ~ ~ . 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J ma ~ 0 ~ om mno , o 0 - w ~ ~ ~ ~ ~ ~ 1 A _ ` X00 ~ W ~ N ~ r ~ r~W~ Mwa' ~ ZIS.S 1 I.: z t UO~~ ~ u.~ ©O¢ 'p U Board of Commissioners Meeting 04/06/2009 10-5-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 11 DEPARTMENT: Parks PRESENTER(S): Neal Lewis CONTACT(S): Neal Lewis SUBJECT: Consideration of a Resolution of Support for the Pleasure Island Greenway BRIEF SUMMARY: The Pleasure Island Greenway Committee is asking for the support of New Hanover County in the planning and development of the Pleasure Island Greenway. The greenway, once completed, will provide a paved trail along the Dow Road area of Pleasure Island from Snows Cut eventually to Ft. Fisher. The current phase of the greenway will run along the boundary with the Town of Carolina Beach. Specifically, since the greenway lies outside the municipal boundary of the Town of Carolina Beach, New Hanover County will assist by holding the easement from the U.S. Army (owner of the property) in the name of the County. There is no intent for New Hanover County to provide any funding for the greenway. Funds are being sought by the Greenway Committee to complete the project. There is no financial obligation being made by New Hanover County for this project by passing this resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the resolution for New Hanover County to support the Pleasure Island Greenway. ATTACHMENTS: Pleasure Island Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider resolution. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ 14,ki 11-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Resolution in Support of the Planning and Construction of a Multi-Use Path System for Pleasure Island WHEREAS, the Board of Commissioners of New Hanover County understands the need for the planning and construction of amulti-use path system for Pleasure Island; and WHEREAS, such a facility would benefit residents and visitors alike; and WHEREAS, it has been demonstrated that similar facilities in other locations have resulted in increased property values and increased revenue from tourism; and WHEREAS, the Town of Carolina Beach will be applying fora "Safe Routes to School" grant that will fund sidewalk and path improvements that will tie into the proposed multi-use path; and WHEREAS, portions of other multi-use paths have been constructed by respective beach towns and will tie into the proposed path; and WHEREAS, the path will link to a variety of beach, environmental education and other outdoor destination points on Pleasure Island with the hope of connecting this path across Snow's Cut to link with other such facilities in New Hanover County; and WHEREAS, there are major benefits to link the path with other facilities to both promote tourism and encourage alternate transportation. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the concept to plan and construct amulti-use path facility that will eventually extend from the Fort Fisher area, within Carolina Beach and extend across the bridge into New Hanover County, and authorizes County staff to work with the respective staff of the beach towns to draft interlocal agreements whereby the participating beach towns fund path construction, maintenance and operations. ADOPTED this the 6th day of April, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 12 DEPARTMENT: Parks PRESENTER(S): Neal Lewis CONTACT(S): Neal Lewis SUBJECT: Presentation to Provide an Update on the Progress of the Trails End Public Water Access BRIEF SUMMARY: There have been two public meetings to discuss this project with the residents of the neighborhood and the general public. The NC Wildlife Resources Commission has developed a plan and a time line for completion of the project. RECOMMENDED MOTION AND REQUESTED ACTIONS: View the presentation and have questions answered. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting n~ mti~~nna 12-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 REGULAR ITEM: 13 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila Schult SUBJECT: Appointment of Chairman to the Special Board of Equalization and Review BRIEF SUMMARY: At the March 16, 2009 Regular Board Meeting, the Commissioners appointed the following five members to the Special Board of Equalization & Review: Earl M. Worsley, Jr. -appraiser Joseph Szaloky -accountant Paul E. D'Angelo -business owner Joanne S. Parker -real estate broker William J. O'Shea -single-family residential property owner RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Chairman of Special Board of E&R. ATTACHMENTS: Chair applicants COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointment. COMMISSIONERS' ACTIONS: Earl M. Worsley, Jr, was appointed chairman. Joseph Szaloky was appointed vice-chairman. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 13-0 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION~a ~ ~ p~ ~ WHEREAS, the State of North Carolina, pursuant to NCGS 105-322, has authorized the Board of County Commissioners of the respective counties within the State to appoint a Special Board of Equalization and Review to carry out the duties imposed under Article 21 of the Machinery Act of North Carolina as revised in 1977; and WHEREAS, the Board of County Commissioners finds that it is in the best interest of the people of New Hanover County to appoint a special Board of Equalization and Review. NOW, THEREFORE, THE BOARD CF COUNTY COMMISSIONERS DOES RESOLVE: 1. A special Board of Equalization and Review is hereby established for the County of New Hanover, 2, The special Board of Equalization and Review shall be comprised of five members and two alternates with each member having one vote. 3. Special Board members shall have good moral character and currently reside and own property in the County of New Hanover, Residency shall have maintained for a minimum period of two years. Each member shall have paid all taxes imposed by the County, municipalities, service districts and any property tax abatements and special assessment taxes currently due. 4, The composition of the members, when possible, should include one member from each of the following groups: ■ North Carolina licensed property appraiser ■ Attorney, Accountant or other professional ■ Business owner ■ Individual engaged in the commercial production of agricultural, livestock, timber or horticultural products or a North Carolina licensed real estate broker ■ Single family residential property owner 5. A majority of the members of the Board shall constitute a quorum. b. The initial term of the Board shall be For a term of one year. If a vacancy occurs before an incumbent member's term expires, the appointment of a successor shall be for the unexpired term of the member vacating the position. All terms are served at the pleasure of the Board of Commissioners. 7. The chairman of the special Board of Equalization and Review sha11 be appointed by the Board of County Commissioners. 8. The special Board of Equalization and Review shall have such powers as are provided by Article 21 of the North Carolina Machinery Act as well as such other powers as may be specifically granted by the Board of County Commissioners. 9. Members of the special Board of Equalization and Review may be compensated at the rate determined by the Board of County Commissioners. 10. The special Board of Equalization and Review, in conjunction with the Tax Assessor, shall set its meeting schedule in compliance with the North Carolina Machinery Act. 11. All appeals from this special Board of Equalization and Review shall be to the Property Tax Commission as provided by the North Carolina Machinery Act. 12. This resolution shall be effective upon its adoption. ADOPTED this the 20t~ day of January, 2009. ~~~~Y"~ , 0 ~ ~ O~ ed Davis, Jr., Chairman w ~ ~r J ~ ~ , Sheila L. Schulz Clerk to the Board ~ ~ ~W ~ r h ~k~ Board o eeting n a 13-1-1 ~~~1~~2~~~ 1~: 9~~~~~88~~ H~~1~TD~ xN~l ~IE~ PAS P~~E ~~.~01 ~~w Ha~OV~ ~Dllnty 23~ C~vvcrt~mcnt Canter prise D^....a 1 l~/1A~11ATTTTP A DDS I!'~ A TTIIAT Suite t75 Lva~ a Vi \rLrl e~ia~~1UU4~ a i~V1YilYi3.l iL' L' Iu i a../#.Vri l iVi'4 Wilmington, hTG X8403 Telephone: (91 U~ 798-7149 n~~•~o~n~~r~~,7ie~ f , RaardlCo ~ f ~ c ~ , Name: ; 1 r ~ ~ . ~ Address. ~ 1~ ~1 ~s 1 [strect~ (city ~ (Zip cods) Ma~l~ng Addres il' di~fereut: E~~it~ Address.' p ~ a U ~ ~rufrre r-rruirc. LCIt. r►...._ t a rust, ~~CFo~ ~.~d~~•o~~ ~ ~ ~ ~ ,nuarrtC~a. ~ L . ~ ~ ` Years Living tit;:; New Hanover C' ~ unty: Male. Female: Race: 1 fit. Age: ~C~~ ~ E r„~ ~lutarbuakto® r the,p~rpa~ ai,e~w~ Z a croAS eepun tRt caomuntty~ {A person;; urrently eaeplvye~ by the agency ar de~rtmeat for whieh this :npplic tiara is made, mint resign hfsfl~er patitinn with New Ha o er Cannty apon appq ent, iu serordarrce with Article Vl, ~ectian 4 of the New Hanover County Pcrsan~ae! Foltry,) Occu atia~: 1 ~ ~ ~ J ~ ~~.Q P ~ ~ ~ ~ Professional Act ittes; 1~ ~ ~ f'~ ~ i rt.. Volunteer Aciiv~' 'es: ~1 1vC~ ~ ~ r ~ ~ ~ • + ' ~ ~ rl Why da you wax,' to serve ort this b~rdlcommittee? I ~ ~ ~ ~ ~ ~ Conlfkt of hrtere#r ~ board amber be#ieyes tfe ! she has a coniktt or pn~nttat canhict of ~tMresi an a pe~rtlcutsr ' eue, that member ahou stabs thts batrefto ~e a er members of hIs / Aer re active board during a public meatirrq. The member ahaWd state the n81r~1e of [hs eanfltct, dataiitnq that he/8ha has a asperete, prrve~te ar monetary irr#erea#, s+ftter direct Or' 'rrdrrect, to hie rasue undarcArraideretion. 7'l~e membdrshvuld titan excuse lrimsetf ~ hersalf from voting on the matter, rr~a~ ur-~s ut c~ ~~;eru wuuru you ~sKe i~u see auus•esseu uy inns t~~umreucr: - _ _ W._......_._._..._.~..._.__~._..____.___.__-- ~ o ~ ~ ~ e. s ~.w ~ ~ u~u~~~ar~iui'ta ~W ;tai ~Y~ ~ L~ ~J~, f L~ ~ ~ t~~1C~, 1~. . C nL~r...r •*w7wi..nR ~ w nn.. wJy+ .r.f ~n wM.r w.~~w.•1P Aw. fi.~.iw~. r+.~+w A~w Hw.w ~rw .ra ~r~ / ~ ~f l~ ~ / l V «i\.1 asa au~~a~+ax' j wuixs urrrr~ aaa~ ~+►utwxawa►.o vs~ r u~tiu J V ~ pi w aW# r Diu r V V i` ~ `L I .YP ~ T i~* M1. n, Innnl ' r+onnnl r+~far..nnn~ n~nd ri~fnne n~~ l~Qa~+ ~~~<< ~~1~~tV' 11~' 1 a..a~u ran ■vrwar ■ uivyNa • v~v■ r.r.~.rv r+ar rr.r v..v YMa~~.v rr J• i. ~ 5 1 ~ i ~ ~ ~ i l~atp.; ~ ~ ~ ~ianrrt~wrp• ~ ~ ~ _ _m__. _ _ , Applicntia~ are kept an 5 far l8 maths Ute rEVersc s#~e for wdditione! cammeab Board of Commissioners Meeting na~nti~~nnA v vv~ ~.vvi 13-1-2 ~f A'/~~/ b /fit, ~/~W3'S'. NEW ~AIUO1/Ell Cf.IV~~I i'~Nr~~~1 !~1 ~p1 BCIARD ~F C~]MMIS'S1aNERS 23C Government Center Drive, Suite ~ 75 ~t ' '~l Wilmin ton, NC Z8~4p3 . . g Con~n~~~~EE AP~~~CA~r~oN .~.,~{,t relephane (s 10~ 7s$-714s FAX (s 10) 798-714a Board : S ~'.~C ~ ~ v ~ d ~ ~ ~ e ~ t ~ r W ~ ~ ~ ~ ~ Nam e: ~ ~ ~ t ~ ~h d ~ ~ E-Mail; o Home A r ss. ~ .5 e.ul ~ ~ dd e (Street) (City) (Iip Cadet Mailin Address if different: g (City1 (dip Codel Home Phone: ~ ~ D ~ - ~ ~ Fax: ~ 1't?? , Cell: 1 b ~ a b - Business: Years living in New Hanover Count : Male: Female: Race: ~ u Age: Y (lnfarmatian for the purpose of assuring across-section of the communityl Em toyer: ~ ~ . v 5 ~ U i ~ ~ ~Ll~ p (A person currently employed by the agency or department for which this application is made, must resign his/her pasitinn wit h New Hanover County upon appointment, in accordance with Article V1, Sec, 4 of the New Hanover County Personnel Palicy.l • .,v Rye. ~~r ~ br~~Cra~ Q ~ ~r~ 5! pccu a t►on. S ~ ~ L G e ~ ~ ~ ~ ~ ~ p i, J, / ~'rafess~onal Activities. ~ R o ICJ Volunteer Activitr`es.~ ~ ~ ~ ~ ~ ~ ~ Wh do au wish to serve on this baard/commr't tee? e ~ ~ ~ e ~ b nn~ ~u e 1 ~ i h i ~x y y ~L~ ~ ~f ~ , ~e t,~~ ~eso~►~r~iV ~ i ~ ~ bc.vC' ~N ~ r~Q C' v+v~' Cor~ffict of Interest: If a board member believes he/she has a conflict or potential conflict of interest an a particular issue, th member should state this belief to he other members ofhis/her respective board during a public meeting. The mQm6er should state the nat~rre of the conflict, detaifing that he/she has a separate, private or monetary interest, either direct ar indirect, in the issue under cansideratian. The member should then excuse himself/herself from voting an the matter, What areas of concern would you like to see addressed by this committee? . , . ~ t RNC~ ~ ekC ~,o vNb ~o I ~~o V~ ~ ~~v+ R ~ L u•v ~ o,~,r~ ~ ~~sl~ Qual~ficst~ens fir serv►ny. ~t Ca ce w•Th `T"~!t o F Vag v~ ~A~~~+~~,~f~~t- ~ ~it ~wJ - o j"~t.~. ~e~, lr+vS r~I /}C ~ Qther municipal or county boards~cornmittees on which you are serving: N 6 list three local personal references and phone numbers: RG~ Z. t ~ 7 ~ ~ ~ ~ u~ o o VN rvG l ~d g r~~s~~ ~ I r; ~ Date: 3 d ~ Applic Lion are kept an file f onths Please use reverse side for additional comments ~A R ~ 2009 ~ ~ ~ K~~~ ~ s ~ ~ ~ R ~F ~ lssloners eating ~~nna 13-1-3 New Hanover County 23~ Gflvernnaer~t Center Drive Board of Commissioners COM~VIITTEE APPLICATION Wi'lmin7ton, NC 2$403 g Telephone: (910) 79$-7149 Fax: (910)798-7145 BoardlCommittee: Board of ~quilization & REview Name. Joanne 5 Parker Home Address:533 Rivage Promenade Wilmington, NC 28412 (street) (City) Zip Code) Mailing Address if different: E-Mail Address: teamparker~ aol . com Home Phone; 910-256-0107 Fax: 910-256-B9fi9 Ce[[: 910-262--7477 Business: 910-256-8171 Years Living in New Hanover County: 48 Male: Female: ~ Race; White Age; 71 (Information for the purpose of assuring a crass section of the community) Employer: Coastal Properties _ [A person currently employed by the agency or department for which #his application is made, must resign hislher position with New Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) Real Estate Broker Occupation: Professional Activities: Certified Residential Specialist, Graduate Realtors Institute, Bd Activ. Volunteer Activities: prison Ministry in NC & TN, Bd Member Mercy House Why do you wish to serve on this boardlcommittee? Iwant to serve my home town Conflict of lnterest~ >f a board member beiieres he /she has a conflict ar potential convict of interest on a particular issue, that member should state this beNef to the athar members flf his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary interest, er'fher direct ar indirecf, in the issue under consideration. The member should then excuse himself/ herself from voting on the matter. What areas of concern would you like to see addressed by this committee? I' d like a complete decription of appointmentshould Z be considered. Qualifications for serving: I have served on the Professional Standards Comma.ttee of the Bd. of Realtors for several years which dealt with zoning & many issues of the City & County None at Ares ~ r~ i„-, ~ fI ; ~ Other mun><clpal or county l7oardslcommittees on whrch you are serving: ~ t ~ j~ r, ~..J L. . `..I s',.1.t~J;J List three local personal references and phone numbers: 1. Rev James Glascow of . 791-6179 cell 336-391-7512 ~a~ ~~r,y ~ ~r~ ~ 2. LatarenCe & Wanda Ripa home 256-90770 Wanda 352--8353 cell Larry office 79].--7472 3. Jay Maready CPA office 256-2562 Date: January. 28, 2009_ _ Signature: Applications are kept on file for 18 months Use reverse side for additional comments Board of Commissioners Meeting namti~~nnA v i~ vv~ ~.vv~ 13-1-4 Ncw Hanover County a3o c~,~z«rn~nt c:~~~t t:r I)ill'C Board of Commissioners COMMITTEE APPLIC~TIpN s~~;t~ I «~l~~tl3Rb~Oll, y~ z84{)~ TeIephor,~; (91Q) 79$•7149 Cax: (91U~I 79a-T145 BoardlCammittee: SPECIAL BOARD QF EQUALIZATION AND REVIEW Name: Joseph 5zaloky Hame 4ddress: 5205 Masonboro Harbour Drive Wilmington 2949 (Street) City} (Zip Cate) il~tailing address if different: E-Mail,~ddres5: szal,oky~yahoo.com Hame Phone: 2391 FQx; 91~-293-6957 .910-470-1442 B ~ .910--293-5248 Cell. usinexs. fears Living in ~ New HanAVer County: 8 Male: ,_.f Y Female;....- s Rage: mite , 4~ Age. (lnfarmatiQn tar the purpaac ofa~suring a cross srctiaq of the community) Employer: Murphy-~Browr~ LLC/Advantage Farms LLC ~A person currcn~ly ernp[ayed by the agency ar denartruent for ~'bich this application is rnadt. must resign hia~ber ppsitior witA New Hanover County ul+on ;ippoiintrocnt, in accardancc with Article V~, Section 4 of the IVcN H~noti~crCounc~ Per,vencl Pu licy,} DCGUpation; Corporate Finance Director for M-g and lamer of Advantage Farms Professional Actitiities: CPE for accounting and business valuations . ~oluntecrActivities: WPo Baseball, WPB Board Member,NCHS Watchdog at MGMS ~'h}~~ do you wish to serve on this boardlCOmmittee:' I mould like to provide more public service . I have nv complaints with the current process. I have experience that can help! Cdnfllcr of lnterr~€t: t' a bo2rd .~em~er belt"eves ne 1 she ha s ~ conflict or potential cCnl<lct of interest cn a partxvfar,~sue, that member shaurd state Phis pe~ref to tr'e c fher gem Gets of his / lrer respectlvs baara d~ring a p;~bric m eet;ng, r,he mender snauld state the nature of the carrtlicf, deteilin~ that helshe rtes a separaia, privali" or maneta; interest, eilher~irect orina,ie~1, inlhe issue under corsr'deratlan. 7'he memDershouldthert excuse AimSeillherselt hcrn uotinQ on the mater. ti~hat areas of concern would you Gke to see addressed by this committee? Fair and even handed approach for all residents and businesses within the county; not just those wh❑ con lain. p Qualifications i'nr ser~~ing; MSA from Duke University, CPA (North Carolina) , Business Owner, Accounting degree, Business and Property Valuation 5peeia~.ist tiler municipal or county boardslcomrnittees on which 3~~u Are serving: None applied to Parks and Rec advisory committee, but awaiting response. c; List three ioCal personal references and phone r[umbers: 1, Al d'Sriant -Laney HS Principal - 91D-47x,9299 FEB 4 ZQO~ Z. Benny Moss - UNCW Mens Basketball Coach - 910-538-0402 3 Dr . Henry Patel -Heart Surgeon - 910-538-~4?63 BD. Of ~~MMlSS~~P~~~RS Date: February 4 x 2 0 0 9 Si nature: g Applications ore kept on file for 1$ months e reverse side for addition;[ com~sertls Board of Commissioners Meeting n~ ~nti~~nna Z969C6ZM6 „T„""","-f llegdwe:D epuoq~j dgV:90 60 vo qe~ 13-1-5 New Hanover County 230 Government Center Urive Board of Commissioners COMMITTEE APPLICATION w;llm ~~ton, NC 2s4o3 $ Telephone: (910) 79$-7149 Fax: (910)798-7145 BoardlComnuttee: Special Board of Equalization and Review Name:Earl M. Worsley, Jr. Home Address:lg08 Verazzano Drive Wilmington 28405 (Street) (City) (Tip Code) Mailing Address if different: n~a E Mail Address: eworsley@ worsleyrealestate . com Nome Phone: 910-256-9863 Fax: 914-256-0488 Ce[~: n/a Busr""Hess: 910-256-4044 Years Living in New Hanover County; 30 Male: ~ Female: Race: Caucasian Age, 54 (Information for the purpose of assuring a cross section of the community) Employer: Worsley Real Estate Company (A person currently employed by the agency ar department far which this application is made, must resign hislher position with New Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy,) occupation: Real Estate Appraiser Professional Activities: Past chairman of the NC Appraisal Board, currently serving on the board. Volunteer Activities: Past Trustee of the Wrightsville Methodist Church Why do you wish to serve on this boardlcommittee? To utilize my professional knowledge in providing guidance for the county to provide accurate ad valorem tax values. Conflict of Interest, tf a board member believes he /she has a conflict or potential confict of interest on a particular issue, that member should state this beliefto the other members othis /her respective board during a public meeting. The member should state the nature of the conftiCt, detailing that he/she has a separate, private or monetary interest, either direct ar indirect, in the issue under consideration. The member should then excuse himself /herself from voting an the mafter, What areas of concern would you like to see addressed by this committee? Equitable ad valorem tax values all tax payers, Qualifications for serving: See Attached . Other municipal or county boardslcommittees on which you are serving: None c List three local personal references and phone numbers: 1. Wanda Copley 910-798-7153 ~E~ ~ ~ ~~'v9 W. Allen Cobb, Jr. 910-3411146 A Jon T. Vincent 910-256-0101 ~F COMMISS~O~{~~~ 3. Date: February 10, 2009 Signature: ~ 1i Applications are kept on 61e for 1$ months Use reverse sid for itional comments Board of Commissioners Meeting nn intii~nna 13-1-6 Biographic Descr~p~ion of Earl M. Vltorsley, Jr. l am a native North Carolinian, born in Greenville. l attended the Pitt County Public School System and spent summers and weekends on the family farm located in rural Edgecombe County. This farm has been in the Worsley family for over 1 D~ years. Upon graduation from High School, I attended East Carolina University and received a Bachelor of Science degree in 1916. Following completion of my undergraduate studies, l began my professional career on the staff of Rep. L. H. Fountain, ANC} a United States Congressman in Washington, DC. In this capacity, I worked on the floor of the House of Representatives, monitoring House proceedings in order to advise the Congressman's senior aides on scheduled legislation. In addition, l helped with legislation, casework, and various constituent problems. I spent recesses and weekends in the Congressional District as a field representative. Some of my duties there included scheduling speaking engagements, arranging radio, television and newspaper interviews, and aiding in the promotion of fundraising. Contact with political and business leaders on a state and national basis gave me a unique perspective of the interactions between government and private industry. With this experience, I elected to utilize my education in Political Science, coupled with my legislative, political and business experience, by pursuing a career in real estate. Real estate is amulti-disciplined profession in which one can choose to specialize in numerous areas of service. My goal was to be recognized as a real estate analyst wi#h technical capabilities and eventually provide advice, consulting services and counsel to clients concerning many complex real estate issues. Given my limited amount of real estate experience and knowledge, I began my real estate career as a real estate agent for the North Carolina Department. of Transportation in 1979. 1CIlorking in this capacity allowed me to gain knowledge and understanding of the basic fundamentals of real estate terminology as well as the internal aerations of a condemning authority. Gn the academic side, I obtained a North Carolina Real Estate Brokers License X64412}. Board of Commissioners Meeting nn mti~~nna v-r/ w/ 14.vv-f 13-1-7 I became a staff appraiser for Joseph A. Robb & Associates in 1981. This firm consisted of a number of commercial appraisers. It provided appraising and consulting services to government agencies, private individuals, developers, financial institutions, life insurance companies and pension funds throughout the southeastern United States, However, our primary physical concentration was the Research Triangle Park area, as well as the coastal areas of North and South Carolina. I worked directly with Joseph A. Robb, MAI, the senior partner in the firm, and assisted him with providing these services. I gained invaluable ex~rience and knowledge working for this regional firm. I was able to utilize my public relations skills, which I had acquired while working for a member of Congress, in order to interact with associated professionals such as surveyors, engineers, as well as clients. In the summers of 198385, I began my Post Graduate studies by attending the University of North Carolina's Chapel Hill} School of Business enrolling in the American Institute of Real Estate Appraisers series of courses to complete the academic requirements for the MAI designation. in addition to my day to day responsibilities with this consulting and appraisal frm, !began, although an a somewhat limited scale, to invest in and develop property in the Wilmington area. In this capacity, I teamed to apply the fundamentals of real estate finance and investment to work in building a po~folio of properties. After becoming a partner with Joseph A. Robb & Associates in 1986, I continued my involvement in the previously described activities and became more confident in my ability to complete complex appraisals and market studies. 4n occasion, I provided consultation services to individuals that needed advice concerning entry level development issues. However, this consulting practice was somewhat limited, given my age and relatively limited amount of experience ~8 --10 years}. My career began to mature when I formed a partnership with Robert T. Glenn, MAI in 1989, after approximately 10 years in real estate. This partnership was formed to provide appraisal and consultation services throughout coastal North and South Carolina. Board of Commissioners Meeting n~ ~nti~~nna VT/ VV/L.VVI 13-1-8 I completed the requirements of the American Institute of Real Estate Appraisers in 1990, and was awarded the MAI designation. As the result of my previous contacts and professional designation, our firm's client base continued to grow and we added staff members. INe grew to approximately 7 staff appraisers from 1990 to 1994, My duties included management, client relations, appraisal review, as well as production for this f rm. The State of North Carolina began to regulate the Appraisal Profession in 199011991. l obtained a North Carolina General Certified Appraiser's license ~A299~ at the beginning of this process. As my client base grew, I began to provide additional consultation services relating to real estate tax appeals, litigation support for condemnation ac#ions, real estate investment decisions, as well as expert witness testimony in rezoning cases. In addition, based upon my previous experience as a real estate agent for the North Carolina Department of Transportation, Ibegan conducting appraisal assignments for this agency. In addition to the consultation services, I began to develop real estate, both individually, as well as jointly with limited partners andlor members in a variety of small companies located in southeastern North Carolina. I provided internal demographic analysis, as well as market and feasibility studies, in order to determine demand for certain property types. Between 199o and 1995, this service provided advice, which ultimately resulted in developing several projects. I reorganized the vvorsley Real Estate Company in 1995, in order to concentrate in an advisory and consultation capacity to a limited number of development ventures. The primary purpose of this reorganization was to provide consultation and advice to investors and developers. It was also my desire to contain my appraisal and consulting practice to a limited group of clients. This has allowed me to concentrate on my real estate investment and counseling services associated with these development activities. In response to my development activity, I formed Worsley Investment and Development Company, LLC. The purpose of this entity is to invest and develop real estate. vvith the formation of this entity in 1995, my consulting and advisory capacity began to mature, largely due to my previous work experience and the success of a limited number of Board of Commissioners Meeting nn mti~~nna V~/VV/LVVI 13-1-9 investments and development projects. As a result of this recognition, I have been called upon to provide advice to a number of clients in North Carolina. In May of 200, ! became a member of the Counselors of Real Estate ACRE}. Membership is by invitation, based upon peer review. This was achieved through my years of experience in advising and consulting with clients on numerous real estate issues, There are approximately ~ ,200 members irk the country. This group consists of analyst, developers, attorneys, architects, appraisers, economists, accountants, bankers and other individuals associated with the real estate industry. It Mission Statement is to be the forum for leaders in real estate. Its core values are integrity, competence, community, trust and selflessness, In 2002, l served on the Board of Directors of the North Carolina Chapter of the Appraisal Institute. ~Alsv, I am past ~2Dg5}Chairman of the North CarolinalSouth Garolina Chapter of the Counselors of Real Estate ACRE}. In July of 2003, I formed Worsley General Contractors, LLC. This entity provides construction services for projects in the Wilmington area. The first three years this company built for its own account. It completed intemai projects in excess of $5 M. In 2401, it become fully staffed and is working on several commercial and residential projects on a fee basis. In Uctober of 2003, I was appointed to the North Carolina Appraisal Board for a three year term by Governor Michael Easley. I was reappointed to the Board in August of 200fi. My fellow board members elected me as Chairman far 2006-0~. I am married to Charlotte Wilson Moseley of Uvilmington. We have one son, William Sari Worsley. `IVilliam is ~4 years old and attends MCS Noble Middle School, We reside in the WilmingtonlWrightsvilleorea. 4 Board of Commissioners Meeting nn mti~~nna Vim/ V V/ LV Vl 13-1-10 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: Apri16, 2009 ADDITIONAL ITEMS ITEM: 14 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of a Resolution in Opposition to Senate Bi11758 An Act to Transfer Secondary Road Responsibilities to County Governments BRIEF SUMMARY: Senators Rucho and Clodfelter of Mecklenburg County have introduced Senate Bill 758, which aims to transfer the secondary roads program, including construction and maintenance of those roads, to county governments. NCACC, as part of its legislative agenda, has a goal opposing any bill that seeks to transfer transportation responsibilities from the state to county government. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution spelling out New Hanover County's opposition to Senate Bill 758. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 14-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A Resolution to Express New Hanover County Board of Commissioner Opposition to Senate Bill 758 - An Act to Transfer Secondary Road Responsibilities to Counties WHEREAS, Senate Bill 758 aims to transfer the secondary roads program to county governments in North Carolina; and WHEREAS, such a transfer is a continuing and unacceptable devolution of state responsibilities to county government; and WHEREAS, the North Carolina Association of County Commissioners adopted as part of its legislative agenda a goal opposing legislation that shifts the state's responsibility for funding transportation construction and maintenance proj ects to county governments; and WHEREAS, Senate Bill 758 would have a negative impact on New Hanover County taxpayers by likely requiring a tax increase to fully and adequately fund secondary road construction and maintenance responsibilities. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners opposes Senate Bill 758 - An Act to Transfer Secondary Road Responsibilities to Counties; and BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners does hereby call upon the New Hanover County Legislative Delegation to work diligently toward the defeat of Senate Bill 758 and any similar legislation. ADOPTED this the 6th day of April 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ mti~~nna v-r/ vv/ Lvv-f 14-1-1