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2009-05-04 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 595 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 4, 2009, at 6:05 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Senior Pastor Rickie Houston, Pilgrim Rest Missionary Baptist Church, gave the invocation. Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes  Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on April 16, 2009 Regular Session meeting held on April 20, 2009 Budget Work Session meeting held on April 20, 2009 Acceptance of Home and Community Care Block Grant Funds  Department of Aging The Commissioners accepted Home and Care Community Block grant funds in the amount of $926,227. The funds will be used as follows: · Transportation $127,934 · Home Delivered Meals $242,987 · Congregate Meals $131,668 · Case Assisted/Information/Referral $66,877 · Senior Center Operations $30,231 · In-Home Aide Services $231,168 · Adult Day Care $45,730 · Adult Day Health $49,632 A contract is currently in place with Interim Health Care of the Eastern Carolinas, Inc., for the In-Home Aide Services and with Elderhaus, Inc., for the Adult Day Care and Adult Day Health services. The required match of $66,633 is included in the Department of Aging requested 2010 budget. Interim Health Care of the Eastern Carolinas, Inc. and Elderhaus, Inc. are required to provide their match as a requirement to receive these funds. Acceptance of Recommendations for Department of Juvenile Justice and Delinquency Prevention Funds  Juvenile Crime Prevention Council The Commissioners, at the recommendation of the New Hanover County Juvenile Crime Prevention Council, accepted the following breakdown of Department of Juvenile Justice and Delinquency Prevention Funds in the amount of $424,221. · Administrative in the amount of $5,500 · Juvenile Day Treatment Center in the amount of $158,328 · Juvenile Psychological Services in the amount of $221,494 · Teen Court in the amount of $38,899 Adoption of Resolution Approving the Donation of a Surplus Van to Northside Community Center  Sheriffs Office The Commissioners adopted the resolution authorizing the Sheriffs Office to donate a surplus 2002 Ford E-350 van to Northside Community Center. Originally, at the meeting on October 6, 2008, the Board approved the donation of the van to Communities in Schools but on March 23, 2009, the Sheriffs Office was informed that they could not accept the donation because the van was not equipped to transport students and the cost for tags, title and insurance would be more than $1,500. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 596 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 10.1. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-221 - Social Services 09-223 - Health Department 2009-62 - Finance 2009-63 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 10.2. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING MAY 2009 AS NATIONAL PRESERVATION IN NEW HANOVER COUNTY MONTH Chairman Davis presented the request for the Boards consideration to proclaim May 2009 as National Preservation Month 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 recognizing May 2009 as National Preservation Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Historic Wilmington Foundation Executive Director George Edwards and Board President Lawrence Craige were present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 10.3. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2009 AS DRUG TREATMENT COURT MONTH IN NEW HANOVER COUNTY Chairman Davispresented the request for the Boards consideration to proclaim May 2009 as Drug Treatment Court Month in New Hanover County. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing May 2009 as Drug Treatment Court Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Judge Faison and Coordinator of New Hanover County Drug Treatment Court Penny Craver were present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 10.4. ADOPTION OF PROCLAMATION RECOGNIZING MAY 3-9, 2009 AS NATIONAL COUNTY IN NEW HANOVER COUNTY GOVERNMENT WEEK Chairman Davis presented the request for the Boards consideration to proclaim May 3-9, 2009 as National County Government Week in New Hanover County. Commissioner Greer read the proclamation into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adopt the proclamation recognizing May 3-9, 2009 as National County Government Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover County Public Information Officer Mark Boyer was present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 10.5. BREAK Chairman Davis called for a break from 6:23 p.m. until 6:45 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 597 PRESENTATION ON THE JANUARY 1, 2011 REVALUATION Tax Administrator Roger Kelley presented the following information concerning the impact of the revaluation scheduled in 2011: · The next revaluation for New Hanover County is scheduled for January 1, 2011 · FY09/10 budget request includes $264,000 for revaluation costs · The current economic recession is affecting New Hanover County · The increase in foreclosures is up 22% for year ending March 2009; in the month of March there were 104 foreclosures in the County · There was a 49% increase in foreclosures between February and March 2009 · The impact of foreclosures county-wide will be an increase to the current tax rate of $0.167 to remain revenue neutral · The most likely impact scenario on the tax rate county-wide will be an increase of $0.0559; from the current rate of $0.4525 to $0.508 In closing, Mr. Kelley stated that the pros of holding the revaluation in 2011 is that it will bring the tax values closer to market values and provide an opportunity to correct any remaining outstanding issues from the 2007 revaluation. The cons of holding the revaluation in 2011 will be a decrease in the tax base resulting in an increase in the tax rate and the cost to perform the revaluation will most likely be higher in the future. Staff is proceeding as if the tax revaluation will take place in 2011 but requested direction from the Board as soon as possible if that directive changes. Chairman Davis clarified that a drop in tax values means that the tax rate will need to be increased to remain revenue neutral to make-up for the decrease. For clarification, Finance Director Avril Pinder added that the figures presented do not include any inflationary or growth factor amount. The tax base is decreasing due to the decline in property values. In response to Board questions, Mr. Kelley reported that $264,000 has been requested in the budget for FY09/10 to cover the cost of the scheduled revaluation with the anticipation of requesting a slightly lower amount in the FY10/11 budget request. Commissioner Caster stated that there are pros and cons in proceeding with the revaluation as scheduled anticipating that the beach communities will take the hardest hit. Commissioner Barfield stated that he feels the Board should proceed with the revaluation as scheduled for 2011. The public needs to be educated to understand that the decrease in property values will result in a lower tax value and an increase in the tax rate. Vice-Chairman Thompson stated that the public equates lower property values with a lower tax bill which is not always the case; delaying the revaluation would not negatively affect anybody in the community but help keep home values higher for resale purposes. The public needs to understand that to revalue now would not mean a lower tax bill. Commissioner Greer stated that he feels the Board should move forward with the revaluation as scheduled for 2011 to keep the tax value as close to the real value as possible. Mr. Kelley reported that General Statutes do provide for what is called leveling. The scheduled revaluation could be delayed and a leveling or horizontal be performed to meet the January 1, 2011 deadline which is done based on the sales ratios of specific areas and determining the value adjustments accordingly. After continued discussion, the consensus of the Board is to direct staff to schedule the item for the Boards May 18, 2009 meeting allowing approximately thirty minutes for public input and Board consideration. Staff was requested to notify the City of Wilmington and Beach municipalities of the public input opportunity. PUBLIC HEARING AND APPROVAL TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON FOR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM Chief Deputy Ed McMahon presented the request to submit a joint application with the City of Wilmington to the 2009 Recovery Act Edward Byrne Memorial Justice Assistance grant program through the U.S. Department of Justice in the amount of $602,939; with the funds to be split 50%-50%. A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as part of the grant process. There is no local match requirement. The New Hanover County portion of the funding would be used to purchase thirteen Sheriffs Office patrol vehicles. Staff requests the Board conduct the public hearing on the use of grant funding; authorize submission of the grant application with the City of Wilmington; and authorize staff to execute the required County/City Memorandum of Understanding. Chairman Davis opened the Public Hearing and requested comments from the audience. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 598 Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to authorize the Sheriffs Office to submit a joint 2009 Recovery Act: Justice Assistance Grant application with the City of Wilmington and authorize staff to execute the required County/City Memorandum of Understanding. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Memorandum of Understanding is available for review in the Legal Department. PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE I, SECTION 11 OF THE ZONING ORDINANCE TO CLARIFY THE JURISDICTIONAL LIMITS OF THE ORDINANCE (A-376, 04/09) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Planner Jane Daughtridge presented the request to amend Article I, Section 11 of the Zoning Ordinance to clarify the jurisdictional limits of the ordinance. As a part of staff's effort to comprehensively update the Zoning Ordinance, the initial sections of the ordinance are being brought forward with modifications to clarify and modernize the document. This section makes references to jurisdiction within the geographic limits of the county. Planning jurisdiction is actually within the unincorporated portions of the county. The section also notes that bona fide farms are exempt from regulation, but that certain farm uses not associated with bona fide farms may be regulated when authority has been granted by the General Statutes. At the Planning Boards April 2, 2009 meeting they voted 7-0 to recommend approval. No one from the public spoke on this item. Chairman Davis asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve amending Article I, Section 11 of the Zoning Ordinance clarifying the jurisdictional limits of the ordinance finding that the request is: 1) consistent with the purposes and intent of policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to amend outdated language in the Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 10.6. PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE III, SECTIONS 30 AND 31 OF THE ZONING ORDINANCE TO UPDATE PROVISIONS RELATING TO THE OFFICIAL ZONING MAP AND ITS INTERPRETATION (A-377, 04/09) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request to amend Article III, Sections 30 and 31 of the Zoning Ordinance to update provisions relating to the official zoning map and its interpretation. When the zoning ordinance originated in 1969, mapping was based on manual drawings of maps and paper copies of official documents. These documents were very vulnerable to manipulation or damage, and the current language reflects the concerns of those times for assuring that official maps were proper and protected. The amendments suggested for this chapter of the Zoning Ordinance address the modernization of technology for mapping and record-keeping as well as an addition that reflects the recent statutory linkages to land use plan consistency. At the Planning Boards April 2, 2009 meeting they voted 7-0 to recommend approval as indicated below. No one from the public spoke on this item. Commissioner Greer suggested for added clarification that language be added to Section 30:30-1 referencing the procedures for Board approval as set forth in Article 11 of the County Ordinance. Planning Director Chris OKeefe clarified that there is a different section of the ordinance that defines the process that is required for making a zoning change. The section in question deals only with the changes once they are approved and how those changes are accurately reflected on the official zoning map and how the map is maintained. Chairman Davis suggested the following language be added to Article III, Sections 30-1 and 30-2; as approved in accordance with the procedures set forth in Article XI of this ordinance. Chairman Davis asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve amending Article III, Sections 30 and 31 of the Zoning Ordinance updating provisions relating to the official zoning maps and its interpretation finding that the request is: 1) consistent with the purposes and intent of policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to clarify language in the Zoning Ordinance and with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 599 following language being added to Sections 30-1 and 30-2 as approved in accordance with the procedures set forth in Article XI of this ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 10.7. PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE IV, SECTION 42 OF THE ZONING ORDINANCE TO UPDATE REFERENCES TO INCLUDE THE CAPE FEAR PUBLIC UTILITY AUTHORITY AND TO CLARIFY THE TREATMENT OF NON-CONFORMING CONTIGUOUS LOTS OF RECORD (A-378, 04/09) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge presented the request to amend Article IV, Section 42 of the Zoning Ordinance to update references to include the Cape Fear Public Utility Authority and to clarify the treatment of non- conforming contiguous lots of record. Non-conformities are situations which existed prior to adoption of current rules. The ordinance describes how non-conformities are to be transitioned to conforming situations over time. Section 42-1 allows for construction on a non-conforming lot when certain standards can be met. However, Sec.42- 1(2) referenced only the approval of the County Health Department for systems providing water and sewage disposal to the non-conforming lot. The suggested changes recognize the name change of NHC Environmental Health and also that the Cape Fear Public Utility Authority may now be providing a public option for water and sewer in some cases. Additionally, during staff review of the ordinance, Zoning Enforcement staff indicated that there was often confusion on the part of the public as to exactly what the ordinance required in Section 42-2 which speaks to the requirement for combination of contiguous non-conforming lots of record in single ownership. The suggested language is intended to more clearly present the way this section has been applied in practice by Zoning Enforcement. At the Planning Boards April 2, 2009 meeting they voted 7-0 to recommend approval. No one from the public spoke on this item. Chairman Davis asked if anyone would like to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve amending Article IV, Section 42 of the Zoning Ordinance to update references to include the Cape Fear Public Utility Authority and to clarify the treatment of non-conforming contiguous lots of record finding that the request is: 1) consistent with the purposes and intent of policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to clarify and update sections of the Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 10.8. APPROVAL OF FRANCHISE REVOCATION FOR SUPERIOR WASTE SERVICES, INC. Chairman Davis reported that the Board is holding a hearing to determine whether to revoke a waste hauling franchise issued to Superior Waste Services on July 22, 2004. George Saunders, III and Roger Dale Saunders are the principal owners and operators of the business. As directed by the Board at the April 20, 2009 meeting, staff has mailed a Notice of Hearing to George Saunders, III and Roger Dale Saunders. The proposed basis for revocation is George Saunders having been convicted of twelve counts of attempting to obtain property by false pretense in conjunction with tipping fees at WASTEC and the County Landfill, and Roger Saunders having similar charges that are pending. The Board is to determine whether to revoke the franchise for malfeasance, fraud, or criminal activity. The general public is not allowed to make comments as part of this hearing. · The certified copies of the Superior Court Judgments from the relevant criminal proceedings establishing the crimes of attempting to obtain property by false pretense are entered into the record as part of this hearing. · George Saunders and/or Roger Saunders will be allowed to offer any evidence, statement or argument why the franchise should not be revoked. Chairman Davis asked if Mr. Shipman if he was present to speak on behalf of the Saunders. Attorney Gary Shipman stated that he was representing Superior Waste Services, Inc. in the efforts of the County to revoke the franchise that was awarded to Superior Waste Services, Inc. by the County in July 2004. Attorney Shipman proceeded to present the following information: · The County only has the power granted to them by North Carolina General Statute. · The County contract with Superior Waste Services, Inc. states that the County may only revoke the franchise for cause as set out in Section 44-43.5 of the New Hanover County Ordinance. · The section referenced in the contract does not exist in the New Hanover County Ordinance. · Section 44-55(g) of the Ordinance only allows for revocation of the franchise upon satisfactory proof NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 600 of the inability or failure to provide the services covered by the contract in a satisfactory manner. · There is no evidence that the services have been unsatisfactory. · Criminal conviction is not a basis for revocation of the franchise agreement according to the Ordinance. · The criminal investigation of this matter has disclosed the names of other waste haulers involved in similar activities with no action being taken by the County. · George Saunders has provided full restitution to the County in the amount of $44,000; this amount represents the amount of what they should have paid as opposed to what they did pay. · The General Statute states that a County may only revoke a franchise based on the County Ordinance. · The Board does not have the authority to revoke the franchise agreement based on anything other than unsatisfactory service with the burden of proof being on the County. · Legal staff has acknowledged that the provisions of the contract reference an ordinance that does not exist. · Legal staff has acknowledged, under Section 44-55, that there is an ambiguity as to whether or not the circumstances presently exist under the Ordinance that would allow the Board to revoke the franchise. · The present County Ordinance only deals with the service issues for revocation. · His clients would like the opportunity to come to an amicable termination of the franchise. Commissioner Barfield spoke on the trust that has been broken with Superior Waste Services, Inc. due to the actions of Mr. George Saunders and the similar charges pending against Mr. Roger Saunders. Every taxpayer has been affected by these actions. Wrong is wrong and should be punished. In response to Board questions, County Attorney Wanda Copley reported that the Saunders brothers with Superior Waste Services conspired with a County employee to work out a deal so they would not have to pay everything that was supposed to be paid at the Countys landfill. When discovered, the matter was turned over to the Sheriffs Office for investigation. The County did not seek to revoke the franchise until the finding of guilt. Mr. George Saunders pleaded guilty to twelve counts and made restitution for those twelve counts. Continuing, Attorney Copley stated that County staff does not put into contracts language stipulating that the County can break the contract if you decide to commit fraud or a crime; there is an assumption of honesty. The County does not have a duty to forgive and forget or to allow them to continue their franchise when they have defrauded us. In response to Board questions, Deputy County Attorney Kemp Burpeau reported that Mr. Shipman is correct that there is not a Section 44-43.5 as the numbers were changed during a recodification. The contract with Superior Waste Services, Inc. does not specifically reference criminal actions as a means of revocation but does list performance standards. In response to Board questions, Attorney Copley read Section 44-55(g) into the records as follows: The board reserves the right to revoke any franchise granted, upon satisfactory proof of the inability or failure of the franchise to properly perform the duties covered by the permit and contract in a satisfactory manner or for any of the grounds as set out in subsection (l) below, after the franchisee has been given an opportunity for a hearing upon ten days written notice by mail before the hearing setting forth the grounds for revocation. Vice-Chairman Thompson, referencing Section 44-56 of the County Ordinance, stated that the reports that Superior Waste Services, Inc. were submitting were not accurate since the amount of waste being taken to the Landfill were not accurately recorded and therefore, the provisions in the contract were not being satisfied. Chairman Davis asked Attorney Copley, if based on Mr. Shipmans presentation and the comments by the Board, is this Board on solid legal ground in revoking the franchise for malfeasance, fraud, or criminal activity. Attorney Copley responded that it is her legal opinion that the County is on solid legal ground in revoking this franchise. In response to Board questions, Attorney Copley confirmed that notification of the hearing was served appropriately. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to revoke the franchise of Superior Waste Services. In response to Board questions, Attorney Copley reported that it was up to the Board to determine the effective date of the revocation. In the correspondence informing Superior Waste Services, Inc. of the hearing they were notified that if the franchise was revoked it would be effective immediately. The Board held a brief discussion concerning the effective date of the revocation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 601 Amended Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to revoke the franchise of Superior Waste Services, Inc. immediately. Upon vote, THE MOTION CARRIED UNANIMOUSLY. A certified copy of the Superior Court Judgment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 10.9. ADOPTION OF RESOLUTION AUTHORIZING ISSUANCE OF $43,000,000 GENERAL OBLIGATION SCHOOL BONDS SERIES 2009 AND ADOPTION OF RESOLUTION FOR DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES County Manager Bruce Shell reported that the Board is being requested to adopt the resolution authorizing the issuance of general obligation schools bonds in the aggregate principal amount of $43,000,000. The bonds shall be designated General Obligation School Bonds, Series 2009. The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from June 9, 2009. The Bonds will be dated June 9, 2009 and will bear interest from that date at a rate or rates which shall be determined upon the public sale and the interest will be payable on December 1, 2009 and semi-annually thereafter on June 1 and December 1. The Bonds will mature, subject to the right of prior redemption. Chairman Davis reported that before the Board is a Resolution Authorizing Issuance of $43,000,000 General Obligation School Bonds Series 2009. The Board needs to approve the issuance of bonds authorized pursuant to the Bond Order adopted on March 14, 2005. The bonds will be designated General Obligation School Bonds, Series 2009 and will be issued in the aggregate principal amount of $43,000,000 and requested a motion to authorize the Chairman, Vice-Chairman, County Manager and the Finance Director to execute the Preliminary Opinion Statement and the Final Opinion Statement on behalf of the County, and to authorize these officials to execute any and all documents necessary to carry out the intent of this resolution. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the Resolution Authorizing Issuance of $43,000,000 General Obligation School Bonds Series 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis reported that before the Board is a Resolution for Declaration of Official Intent to Reimburse Expenditures. On July 11, 2005, the Board adopted a $123,000,000 School Bond Project Ordinance. The County intends to issue $43,000,000 General Obligation Bonds on June 9, 2009. The County will initially expend its own funds to pay costs of the Project. Chairman Davis requested a motion to adopt the resolution authorizing the County to reimburse itself for expenditures paid by the County for the costs associated with the $43,000,000 maximum principal amount of debt for the Project. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the Resolution for Declaration of Official Intent to Reimburse Expenditures. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXII, Page 10.10. SECOND READING AND ADOPTION OF AMENDMENT TO CHAPTER 23-313(6) OF THE COUNTY NUISANCE ORDINANCE CONCERNING STORMWATER New Hanover County Deputy Attorney Kemp Burpeau presented the request to amend the county nuisance ordinance concerning stormwater. The proposed amendment will allow the County to address problems that result from earth eroding or washing off site. When a nuisance exists, County Engineering and Legal make a series of contacts with the owner, and if ultimately necessary, conduct abatement with costs constituting a tax lien on the subject property. The first reading was held at the Boards meeting on April 20, 2009 and approved by a vote of 4- 1. Since the vote was not unanimous, a second reading is required. The proposed amendment to Section 23-313 adds the new subsection (6) as follows: Any condition whereas earth or other sediment is placed, washes or erodes onto a natural or manmade swale, ditch, pipe, channel or water body, either on or off site, so as to block, hinder, impair or obstruct positive water flow, in the reasonable discretion of the Director of County Engineering. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Thompson, to adopt the amendment to Chapter 23-313(6) of the County Nuisance Ordinance concerning storm water as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 10.11. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 4, 2009 PAGE 602 NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS RESOLUTION SUPPORTING HOUSE BILL 193 - ELECTRONIC NOTICE OF PUBLIC HEARINGS Commissioner Caster presented the resolution supporting House Bill 193  Electronic Notice of Public Hearings. If approved, this Bill would allow counties to adopt ordinances providing that legal notice of public hearings may be published through electronic means in lieu of publication in any newspaper. The publication may be on the countys Internet site or by any other means, except if the County operates a cable access channel, notice shall also be made on that channel. Publication through electronic means shall satisfy any newspaper publication requirement of a public hearing provided by law and any requirement for publication of a public hearing where the method of publication is not specified. Commissioner Caster read the resolution into the record. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution supporting House Bill 193  Electronic Notice of Public Hearings. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 10.12. CONSIDERATION OF REQUEST BY THE NEW HANOVER COUNTY DEMOCRATIC PARTY TO APPOINT CHIEF DEPUTY EDWARD J. MCMAHON TO FILL THE UNEXPIRED TERM OF SHERIFF SIDNEY A. CAUSEY Chairman Davis reported that, as required by General Statutes, he has received a letter from the Executive Committee of the New Hanover County Democratic Party notifying the Board that the Party recommends Chief Deputy Edward J. McMahon be appointed to fill the unexpired term of Sheriff Sidney A. Causey, upon Sheriff Causeys retirement on June 29, 2009. After brief discussion, the consensus of the Board was to direct staff to place the approval of the Democratic Partys recommendation of Chief Deputy Edward J. McMahon to fill the unexpired term of Sheriff Causey on the Boards May 18, 2009 agenda. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:40 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.