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2009-03-16 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 16, 2009 PAGE 563 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday. March 16, 2009, at 9:00 a.m. in the Assembly Room of the New Hanover County- Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Ted Davis, Jr.: Vice-Chairman Jason R. Thompson: Commissioner Robert G. Greer: Commissioner William A. Caster: Commissioner Jonathan Barfield, Jr.: Count- Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schuh and County Manager Brace T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Roland Banks. Windermere Presbyterian Church. gave the invocation. Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if an_v member of the Board would like to remove or discuss am- item on the Consent Agenda. Hearing no comments. Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED. SECONDED by Commissioner Barfield. to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes - Governing Body The Commissioners approved the following minutes as presented by the Clerk to the Board: Board of Equalization and Review meeting held on February 20, 2009 Board of Equalization and Review meeting held on February 27, 2009 Regular Session meeting held on March 2, 2009 Authorization to Submit a Transportation Grant Application to the North Carolina Department of Public Transportation - Department of Aging The Commissioners authorized the Department of Aging to submit a 5310 Grant Application to the North Carolina Department of Public Transportation in the amount of $25,000. If awarded, the fluids will be used to provide medical and general transportation to elderly persons over the age of 60. The required match of $5,000 is included in the FY 09-10 budget request. Approval of Second Reading for Solid Waste Franchise for East Coast Sanitation - Legal Department The Commissioners. at the request of East Coast Sanitation. approved the second reading awarding a solid waste franchise to East Coast Sanitation for a period of seven years. The Board unanimously approved the first reading at their March 2, 2009 meeting. A copy- of the franchise agreement is available for review in the Legal Department. Approval of First Reading for Solid Waste Franchise for KDH Disposal, Inc. - Legal Department The Commissioners, at the request of KDH Disposal. Inc.. approved the first reading awarding a solid waste franchise to 1,,'-DH Disposal. Inc. The initial franchise period will nun for a period of seven years. This issue requires two Board approvals and will be placed on the April 6, 2009 meeting agenda for final approval. 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 facility designated by the County. Approval of Personnel Policy Revisions - Human Resources The Commissioners approved the personnel policy revisions adding a section on electronic records to Article X, Personnel Records and Reports. The revisions establish guidelines for document archiving and for destruction of original records that are duplicated electronically- through imaging. This electronic imaging record policy reflects guidelines set forth in the North Carolina Department of Cultural Resources publication for managing public records produced by information tecluiology systems. A copy of the Personnel Policy is available for review in the Human Resources Department. Adoption of Resolution Approving the Sole Source Purchase from Flight Management Systems for Hardware Upgrades on the Robinson R-44 Helicopter and Adoption of Budget Ordinance Amendment 09-1.58 - Sheriff's Office The Commissioners, pursuant to G.S. 143-129(e). adopted the resolution approving the sole source purchase from Flight Management Systems for hardware upgrades on the Robinson R-44 Helicopter and adopted Budget Ordinance Amendment 09-158. The hardware upgrade will allow the mapping system to control the FLIR camera and keep an address on screen with hands off the FLIR controller. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 16, 2009 BOOK 31 PAGE 564 A cope of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 7.1. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports - Tax Department The Commissioners accepted the following Tax Collection Reports as of February 28, 2009. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIL Page 7.2. Approval of Release of Tax Value - Tax Department The Commissioners granted the Senior Citizen/Disability Exclusion to the taxpayers as presented. Anderson, Jane M. $ 28,903 Antonio Family Trust 77,336 Blake, Guthrie 25,000 Bivant, Katherine S. 73,847 Emerson, Eileen F. 76,491 Given, Patricia A. 83,112 Huckabee, Martha C. 116,479 Jones, Linda 57,278 King, Gloria 83,356 Monaghan, Jean A. 116,089 Ruffin, Aurelia 67,505 Wells, Blanche M. 68,665 The Commissioners granted the following delinquent application for exemption from proper tax: Historic Wilmington Foundation, Inc. R05409-027-026-000 Adoption of Budget Ordinance Amendments - Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-162 - Health 09-169 - Health 09-165 - Social Seivices 09-166 - Planning 09-173 - Sheriffs Office 2009-48 - Sheriffs Office 2009-49 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 7.3. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARD County Manager Shell requested Delores Miller, Environmental Management, to step foiward to receive her thirty years of seiA-ice retirement plaque. seivice. On behalf of the Board, Chairman Davis expressed appreciation and thanked her for her dedicated years of PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step foiNvard to receive seivice awards: Five Year: Brenda Knierim, Department of Social Seivices Sheila Schuh. County Commissioners Roberta Smith, Board of Elections Ten Year: Tera Wheaton. Sheriffs Office T-,veim Year: Cheiyl Hoffinan, Department of Aging Suzanne Sykes, Parks Department Twenty-Five Year: Phyllis Smyre, Sheriffs Office Thirty--Five Year: Sidney Causej-. Sheriffs Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 16, 2009 PAGE 565 On behalf of the Board, Chairman Davis presented a sen-ice award to each employee. expressed appreciation and thanked them for their years of dedicated sen ice. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Aliza Cohn-Blumstem. Department of Social Senvices Sheree Leggett-Garcia. Department of Social Senvices Rosanna Zeh, Department of Social Senvices On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished them success in their new positions. ADOPTION OF PROCLAMATION DECLARING APRIL 2009 AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER CO UNTY Chairman Davis reported that the Board has been requested to join Governor Beverly Perdue and other North Carolina counties in proclaiming the month of April 2009 as Child Abuse Prevention Montle in New Hanover County. Vice-Chairman Thompson read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring April 2009 as Child Abuse Prevention Month in New Hanover County. Upon rote, the MOTION CARRIED UNANIMOUSLY. Social Sen-ices Assistant Director Wanda Marino -was present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 7.4. ADOPTION OF RESOLUTION REQUESTING AMENDMENTS TO NORTH CAROLINA GENERAL STATUTE 205-277.8 CONCERNING PROPERTY TAX EXEMPTIONS FOR PROPERTY LOCATED INSIDE NEW HANOVER COUNTY AND OWNED BY A NONPROFIT HOMEOWNERS ASSOCIATION LOCATED OUTSIDE OF THE COUNTY'S JURISDICTION Chris May, Executive Director, Cape Fear Council of Governments, presented the request for the Board's consideration to adopt the resolution requesting North Carolina General Statute 105-277.8 be amended to correct the taxation of property of nonprofit homeowners' associations. The current statute creates inequities and unfairness in the assessment and administration of the local property tax system for nonprofit homeowners associations by allowing property located in New Hanover County but owned by a nonprofit homeowners association outside the County's jurisdiction to escape taxation. In respond to Board questions, Tax Administrator Roger Kelley confirmed that at this time, there is not any property located in New Hanover County that meets this criteria, adding that he supports the resolution should there be anti such cases in the future. Commissioner Caster read the resolution into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution requesting the local legislative delegation to introduce legislation to amend North Carolina General Statute 105- 277.8 to correct the taxation of property- of nonprofit homeowners association that is located in New Hanover County but owned by a nonprofit homeowners association outside of the County's jurisdiction. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 7.5. ADOPTION OF CAPITAL PROJECT ORDINANCE FOR CAPE FEAR COMMUNITY COLLEGE $164 MILLION BOND REFERENDUM AND BUDGET ORDINANCE AMENDMENT 2009-50 Chairman Davis reported that the Board is requested to consider the Capital Project Ordinance which is necessary- to establish the budget for the Cape Fear Community College $164 Million Bond. On November 4, 2008, New Hanover County voters passed a bond referendum to fund this project. The project will include three new buildings, classrooms and laboratories to expand existing programs in health care, business and computer-related programs. The project will also include a bond issuance cost estimated at $1 million. Finance Director April Pinder presented an overview of the request for the Capital Project Ordinance which is necessaiv to establish the budget for vote approved Cape Fear Com munih- College $164 million bond referendum and the related budget ordinance amendment 2009-50. The project will include three new buildings, as well as bond issuance cost estimated at $1 million. Union Station on the Wilmington Campus will provide classroom and laboratoiv space to replace the space in the old metal building located on former CFCC property° and provide for new classrooms and laboratories for general education courses at an estimated cost of $57,237,406. The Life Sciences Building on the Wilmington Campus will enable the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 16, 2009 PAGE 566 College to develop new allied health curricula and create additional biology classrooms and laboratories needed to support the expansion of existing health care programs at an estimated cost of $56.066,163. The Advanced and Emerging Technologies Building on the North Campus will enable the College to develop new curricula such as nuclear maintenance technology and biotechnology and to expand existing programs in business and computer- related fields at an estimated cost of $49,696,431. Chairman Davis requested a motion to adopt the Capital Project Ordinance and Budget Ordinance Amendment 2009-50. Motion: Commissioner Caster MOVED. SECONDED by° Commissioner Barfield. to adopt the Capital Project Ordinance which is necessary to establish the budget for voter approved Cape Fear Community College $164 million bond referendum and Budget Ordinance Amendment 2009-50. Upon vote. the MOTION CARRIED UNANIMOUSLY. A copy of the capital project ordinance and budget ordinance amendment is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXIL Page 7.6. APPROVAL OF CONTRACT WITH EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A SCOPE OF WORK FOR NEW HANOVER COUNTY REGIONAL EMERGENCY SERVICES MASTER PLAN AND COOPERATIVE SERVICES FEASIBILITY Fire Chief Donnie Hall reported that the New Hanover County Board of Fire Commissioners has identified the need for a Master Plan for Fire Services as a high priority. A regional master plan will help to identify ftuture needs and outline a methodology. Study components include current and ftiture demands modeling, performance expectations from the community, reviewing facilities, apparatus. and staffing and fiscal analysis to maintain current and ftiture needs of the Fire Service District. Emergency Services Consulting, Inc. recently completed the City of Wilmington's Fire Department evaluation. Emergency Services Consulting. Inc. brings a working knowledge of the area and has included in their scope of work a section on Cooperative Services Feasibility which will illustrate joint endeavors that could improve efficiencv. The requested ftuds in the amount not to exceed $73,757 are included in the current budget. The timing of the plan will have an impact in FY09-10 and planning for FY10-11. After brief discussion, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED. SECONDED by Commissioner Caster. to approve the contract with Emergency Seivices Consulting. Inc. in an amount not to exceed $73,757 to conduct a scope of work for New Hanover County- Regional Emergency- Seivices Master Plan and Cooperative Seivices Feasibility. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy- of the contract is available for review- in the Legal Department. APPROVAL OF TRANSITION OF OGDEN VOLUNTEER FIRE RESCUE TO NEW HANOVER COUNTY FIRE SERVICES, APPROVAL OF CONTRACT FOR SERVICE WITH PENDER COUNTY FOR THE SCOTTS HILL COMMUNITY AND APPROVAL OF FACILITIES AND APPARATUS LEASE Fire Chief Donnie Hall reported that approximately twelve months ago. New Hanover County Fire Seivices began working with the Ogden Volunteer Fire Rescue Department regarding their need to find cooperative solutions to meet the needs of the citizens in the Ogden area. The Ogden Volunteer Fire Rescue Board of Directors realized that the ability to recruit, train. and maintain an active volunteer force was eroding and their ability- to meet the requirements of a fire department was in jeopardy. From these meetings a plan was initiated that would move the primary responsibility of providing fire and rescue services from the Ogden Volunteer Fire Rescue Department back to the County. A vote was taken to execute this transition. Phase one includes the following: New Hanover County Fire Seivices will assume the responsibility for the primary fire and rescue services with each existing member of Ogden being transferred to New Hanover County Fire Seivices. The Ogden Volunteer Fire Rescue Corporation, Inc. will become the Ogden Volunteer Fire Fighters Association and by corporation amendments, will meet the requirements for a 501(c)(3) non-profit organization. The primary purpose of the new- corporation will be to augment and support fire and rescue services. The Ogden Volunteer Fire Rescue Department currently- contracts with Pender County for the Scott's Hill Community. A revision to that contract will make New- Hanover County the primary provider for Scott's Hill. The first phase is scheduled to begin April 1, 2009. New Hanover County will lease the facilities from the association to provide service to the community. Phase two includes the following: 0 Once the Mu7ayville Fire Station is operational, the Ogden, Porter's Neck, Murrayville, and Hwy 421 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 16, 2009 BOOK 31 PAGE 567 North insurance districts will be combined into one. This will require Board action prior to submittal to the North Carolina Department of Insurance. Preliminary meetings indicate that this will be acceptable by Department of Insurance Standards. Additional items include the continued effort for recniiting and retaining volunteers as fire fighters, the length of seivice program offered to retirees of the fire department, and administration of the relief fiord/pension fiord and insurance coverage. Staff is requesting the Board approve the transition of Ogden Volunteer Fire Rescue to New Hanover County- Fire Seivices: approve the contract for service with Pender Comity for the Scotts Hill Community- and approve the lease agreement for the use of the facilities and apparatus. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the contract for service in Pender Comity for the Scotts Hill Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the facilities and apparatus lease agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the transition of Ogden Volunteer Fire Rescue to New Hanover County Fire Seivices District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy- of the contract is available for review in the Legal Department. RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD County Manager Bruce Shell reported that notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 18th consecutive year. The award is for New Hanover County's budget submitted for fiscal year beginning July L 2008. The award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations guide and a communication device. Award-winning documents must be rated "proficient" in all four categories. Chairman Davis, on behalf of the Board, thanked Budget Director Cam Griffin and staff for their continued excellence. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Davis reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with one application having been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint Jackie Dae to a one- year term on the Adult Care Home Community Advisory Board with the term to expire on March 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Cooperative Extension Advisory Committee Chairman Davis reported that three vacancies need to be filled on the Cooperative Extension Advisory° Committee with one application having been received and requested nominations from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Adrian C. Early to seine a three-year term on the Cooperative Extension Advisory Committee with the term to expire May 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Nursing Home Community Advisory Committee Chairman Davis reported that one vacancy needs to be filled on the Nursing Home Community Advisory Committee with one application having been received and requested nominations from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to appoint John Coble to seine a one-year term on the Nursing Home Community Advisory Committee with the term to expire March 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Special Board of Equalization and Revie-v Chairman Davis reported that at the Boards January 20, 2009 meeting the Board voted to establish a Special Board of Equalization and Review for the purpose of carrying out the duties imposed under Article 21 of the Machinery Act of North Carolina. The Board shall be comprised of five members and two alternates with each member having one vote with the composition of the board, when possible, including one member from each of the following groups: • North Carolina licensed property- appraiser • Attorney, Accountant or other professional NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 16, 2009 PAGE 568 • 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 proper- o-wrier The initial term of the Board shall be for a term of one year. Seventeen applications have been received. Chairman Davis requested nominations from the Board for the appointment of a regular member in the North Carolina Licensed Appraiser Categoiv. Commissioner Caster nominated Earl M. Worsley. Jr. for a regular member appointment on the Board of Equalization and Review. Vice-Chairman Thompson seconded the nomination. Hearing no further nominations in the North Carolina Licensed Appraiser Category, Chairman Davis called for a vote on the nomination. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY to appoint Earl M. Worsley, Jr., to seive a one-year term as a regular member on the New Hanover County- Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Chairman Davis requested nominations from the Board for the appointment of a regular member in the Attorney. Accountant, or Other Professional Category. Commissioner Caster nominated Joseph Szalok-y for a regular member appointment on the Board of Equalization and Review. Vice-Chairran Thompson seconded the nomination. Hearing no further nominations in the Attorney. Accountant, or Other Professional Category, Chairman Davis called for a vote on the nomination. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY to appoint Joseph Szaloky, to seine a one-year term as a regular member on the New Hanover County Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Chairman Davis requested nominations from the Board for the appointment of a regular member in the Business Owner Category. Commissioner Caster nominated Paul E. D'Angelo for a regular member appointment on the Board of Equalization and Review. Commissioner Barfield seconded the nomination. Hearing no further nominations in the Business Owner Categoi}, Chairman Davis called for a vote on the nomination. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY to appoint Paul E. D'Angelo, to seine a one-year term as a regular member on the New Hanover County Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Chairman Davis requested nominations from the Board for the appointment of a regular member in the Individual Engaged in the Commercial Production of Agricultural, Livestock, Timber, or Horticultural Products, or a North Carolina Licensed Real Estate Broker Category. Vice-Chairman Thompson nominated Joanne S. Parker for a regular member appointment on the Board of Equalization and Review. Commissioner Caster seconded the nomination. Commissioner Barfield nominated Linda J. Coite for a regular member appointment on the Board of Equalization and Review. No second was received. Commissioner Greer nominated Donald E. Harris for a regular member appointment on the Board of Equalization and Review. Commissioner Barfield seconded the nomination. Chairman Davis nominated Mary C. Price for a regular member appointment on the Board of Equalization and Review. No second was received. Chairman Davis nominated Deb Quaranta for a regular member appointment on the Board of Equalization and Review. No second was received. Hearing no further nominations in the Individual Engaged in the Commercial Production of Agricultural, Livestock, Timber, or Horticultural Products, or a North Carolina Licensed Real Estate Broker Category, Chairman Davis called for a vote on the nominations. Vote: Upon vote, the MOTION CARRIED 3 TO 2 to appoint Joanne S. Parker, to seine a one-year term as a regular member on the New Hanover County Board of Equalization and Review with the term to expire at the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MARCH 16, 2009 PAGE 569 conclusion of the 2009 appeal hearings. Chairman Davis, Vice-Chairman Thompson and Commissioner Caster voted in favor. Vote: Upon vote, the MOTION FAILED 2 TO 3 to appoint Donald E. Harris, to seive a one-year term as a regular member on the New Hanover County Board of Equalization and Review. Commissioner Greer and Commissioner Barfield voted in favor. Chairman Davis requested nominations from the Board for the appointment of a regular member in the Single Family Residential Property Owner Category. Chairman Davis nominated Nancy Pritchett for a regular member appointment on the Board of Equalization and Review. Commissioner Barfield seconded the nomination. Commissioner Caster nominated William J. O'Shea for a regular member appointment on the Board of Equalization and Review. Vice-Chairman Thompson seconded the nomination. Hearing no further nominations in the Single Family Residential Property Owner Category, Chairman Davis called for a vote on the nominations. Vote: Upon vote, the MOTION FAILED 2 TO 3 to appoint Nance Pritchett, to seine a one-year term as a regular member on the New Hanover County Board of Equalization and Rey-iew. Chairman Davis and Commissioner Barfield voted in favor. Vote: Upon vote, the MOTION CARRIED 3 TO 2 to appoint William J. O'Shea, to seine a one-year term as a regular member on the New Hanover County Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Vice-Chairman Thompson, Commissioner Greer and Commissioner Caster voted in favor. Chairman Davis requested nominations from the Board for the appointment of two alternate members from any category. Commissioner Greer nominated Nancy- Pritchett for an alternate member appointment on the Board of Equalization and Review. Commissioner Barfield seconded the nomination. Commissioner Caster nominated Donald E. Harris for an alternate member appointment on the Board of Equalization and Review. Commissioner Greer seconded the nomination. Commissioner Caster nominated Rebecca G. Terretti for an alternate member appointment on the Board of Equalization and Review. Vice-Chairman Thompson seconded the nomination. Hearing no further nominations, Chairman Davis called for a vote on the alternate member category. Vote: Upon vote, the MOTION CARRIED 3 TO 2 to appoint Nancy Pritchett, to seine a one-year term as an alternate member on the New Hanover County Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Chairman Davis, Commissioner Greer and Commissioner Barfield voted in favor. Vote: Upon vote, the MOTION CARRIED UNANIMOUSLY to appoint Donald E. Harris, to senve a one-year term as an alternate member on the New Hanover County° Board of Equalization and Review with the term to expire at the conclusion of the 2009 appeal hearings. Vote: Upon vote, the MOTION FAILED 2 TO 3 to appoint Rebecca G. Terretti, to seine a one-year term as an alternate member on the New Hanover County Board of Equalization and Review. Vice-Chairman Thompson and Commissioner Caster voted in favor. NON-AGENDA ITEMS Chairman Davis announced that time had been resenti ed to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Tyler Newman, Business Alliance for Sound Economy, presented the request for the Board to submit a letter of support on two related pieces of legislation: House Bill 426 and Senate Bill 428. Both Bills would enact a temporaiv stay on significant homeowners' insurance increases throughout North Carolina. These increases include property insurance rate increases for homeowners' policies across the state as well as increased surcharges and deductibles under the Beach/Fair Plan for some areas of the state. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to authorize the Chairman on behalf of the Board, if appropriate, to sign a letter supporting House Bill 426 and Senate Bill 428. In discussion of the time sensitive nature of the request, Chairman Davis offered the following substitute motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 16, 2009 BOOK 31 PAGE 570 Substitute Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to direct staff to oversee the preparation of a letter drafted for the Chairman's signature supporting House Bill 426 and Senate Bill 428 and routed to the Commissioners for their review and endorsement. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEM Commissioner Barfield commented on the successfiil trip he and Chairman Davis had while attending the NACo Legislative Conference in Washington, DC. He reported that they met with each of our legislators and had the opportunity to discuss the specific needs of our area and received insight into the stimulus bill and how the finds would be dissimilated. ADJOURNMENT There being no fiirther business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 10:13 a.m. Respectfiilly submitted, Sheila L. Schult Clerk to the Board