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2009-08-17 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 658 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 17, 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.; 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 Father David W. Haines, All Saints Anglican Parish, gave the invocation. Commissioner Greer 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: Regular Session meeting held on July 20, 2009 Special Session meeting held on July 20, 2009 Adoption of Resolution Authorizing an Interlocal Agreement with the University of North Carolina at Wilmington and Approval of Contract 10-0060  Legal Department The Commissioners, at the request of the University of North Carolina at Wilmington, adopted the resolution authorizing the County to enter into an interlocal agreement with UNCW to extend law enforcement jurisdiction of campus police officers when on duty into certain areas of New Hanover County and approve contract 10-0060. The interlocal agreement will also outline the circumstances in which an extension and exercise of such authority may occur and does not replace any existing Mutual Aid Agreements. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 16.1. A copy of the interlocal agreement is available for review in the Legal Department. Authorization to Change Health Department Fee Policy to Increase Fees for Flu and Pneumonia Vaccines  Health Department The Commissioners, at the request of the Health Department, authorized changing the Health Department fee policy to increase fees for flu and pneumonia vaccines. The increase in fees is necessary to support the cost of providing the vaccine and the need to maximize revenues from third party insurers who will pay only up to the cost of the billed fee. Adoption of Resolution Supporting an Application to the Transportation Investments Generating Economic Recovery Grant Program  Planning Department The Commissioners adopted the resolution supporting the submission of a joint application with the City of Wilmington, University of North Carolina at Wilmington, and the Town of Wrightsville Beach to the Transportation Investments Generating Economic Recovery (TIGER) grant program. If awarded, the funds will be used to complete the Cross-City Trail and to make improvements for the River to the Sea Bikeway. Metropolitan Planning Organization staff will be responsible for completion and submission of the grant application. No local match is required. The City of Wilmington will be responsible for maintaining the bikeways. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 16.2. Authorization to Submit Two Applications to the North Carolina Governors Highway Safety Program  Sheriffs Office The Commissioners authorized the Sheriffs Office to submit two grant applications to the North Carolina Governors Highway Safety Program. If awarded, the funds will be used as follows: · Third-year funding for Traffic Enforcement Project for personnel costs for four positions in the amount of $248,054. The local match in the amount of $124,027 is included in the FY09-10 budget. The project objective is to increase traffic enforcement in problem areas with emphasis on motorists driving while NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 659 impaired. · Travel reimbursements for personnel assisting in gathering traffic statistics and coordinating the initiatives of Booze It and Lose IT and Click It or Ticket campaigns in the amount of $10,000. No local match is required. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 16.3. Authorization of Charge of 2009 Levy  Tax Department The Commissioners authorized the Charge of the 2009 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349. A copy of the charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 16.4. Approval of Release of Tax Values  Tax Department The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Canady, Walter $ 100,025 Carter, Gladys F. 96,762 Chastain, Barbara 69,659 Clemmons, Robert 45,000 Cramer, Deborah M. 25,000 Gantt, Louvenia 76,831 Gavins, Marnell J. 39,389 Grainger, Sharon 80,841 Hare, Geraldine 139,173 Jackson, Vivian 50,305 Melvin, Remell 78,406 Mullins, Minnie 96,694 Reddick, Doris G. 74,390 Rhine, Patricia T. 69,096 Ross, Marveleen 83,591 Schotten, Patricia A. 39,090 Williamson, James E. 26,573 Wilson, Eddie 113,595 Wilson, Linda B. 83,415 The Commissioners granted the following delinquent applications for exemption from property tax for the following organizations: Lower Cape Fear Hospice, Inc. R06014-005-011-000 Port City Community Church R05000-002-015-000 Approval of the New Hanover County Board of Educations Application to Use North Carolina Lottery Funds for Snipes Academy  Budget Department The Commissioners, at the request of the New Hanover County Board of Education, approved the application to use North Carolina Lottery Funds in the amount of $150,000 for Snipes Academy. The requested amount is needed due to a shortfall of State allocated Average Daily Membership funds for Snipes Academy. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-001 - Social Services 10-010 - Social Services 10-017 - Health 10-027 - Health 10-028 - Youth Empowerment Services 10-029 - Library 10-023 - Sheriff's Office 10-024 - Sheriff's Office 10-025 - Sheriff's Office 2010-07 - Sheriff's Office 2010-08 - 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 16.5 REGULAR ITEMS OF BUSINESS OATH OF OFFICE ADMINISTERED Chairman Davis administered the Oath of Office to James Pierce, Jr., Kids Making It Woodworking Program Founder and Executive Director, in connection with his appointment to the Governor's Crime Commission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 660 His term on the Governor's Crime Commission is effective immediately and will expire on March 1, 2010. A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 16.6. APPROVAL OF PRESENTATION OF CERTIFICATE OF ACHIEVEMENT TO THE CAPE FEAR COMMUNITY COLLEGE ASSOCIATE DEGREE NURSING PROGRAM Chairman Davis reported that Cape Fear Community College has received notification that 100 percent of their 2009 Associate Degree Nursing graduates who have taken the National Council Licensure Examination to become Registered Nurses have passed the exam. Over the span of the last eleven years, no nursing program in North Carolina - university, hospital, or community college program - has had as high an average passing percentage on the licensure exam to become Registered Nurses as have Cape Fear Community College graduates. Chairman Davis moved for approval to present the certificate of achievement to the Cape Fear Community College Associate Degree Nursing Program. Motion: Chairman Davis MOVED, SECONDED by Commissioner Greer, to approve presenting a certificate of achievement to the Cape Fear Community College Associate Degree Nursing Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. Cape Fear Community College President Dr. Eric B. McKeithan, Dean of Vocational/Technical Education Robert J. Philpott, Allied Health Department Chair Regina McBarron and Department Head of the Associate of Degree Nursing program Brenda Holland were present to receive the certificate. A copy of the certificate of achievement is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 16.7. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Michael Burkett, Health Department Sandra Howell, Health Department Michael Peterson, Fire Services Kenneth Whitley, Property Management Jeff Lea, Sheriffs Office Ten Year: Beverly Scruggs, Health Department Emanuel Singletary, Parks Department Fifteen Year: Glenda Jones, Department of Social Services Joette McGlohon, Department of Social Services Twenty-Five Year: Samuel Burgess, Planning Thirty Year: Nancy Nelson, Register of Deeds On behalf of the Board, Chairman Davis presented a service award to each employee, expressed appreciation, and thanked them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Shadi Travares, Health Department Josh Potter, Environmental Management Kristy Williams, Department of Social Services 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 RECOGNIZING AUGUST 22, 2009 AS STOP THE VIOLENCE DAY IN NEW HANOVER COUNTY Commissioner Casterpresented the request for the Boards consideration to proclaim August 22, 2009 as Stop the Violence Day in New Hanover County. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing August 22, 2009 as Stop the Violence Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Member of the Blue Ribbon Commission on Youth Violence District Attorney Ben David and Nothing Other Than the Truth representative Raymond Bates were present to receive the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 661 A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 16.8. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2009 AS LITERACY AWARENESS AND SEPTEMBER 8, 2009 AS IN NEW HANOVER MONTHINTERNATIONAL LITERACY DAY COUNTY Chairman Davis presented the request for the Boards consideration to proclaim September 2009 as Literacy Awareness Month and September 8, 2009 as International Literacy Day 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 September 2009 as Literacy Awareness Month and September 8, 2009 as International Literacy Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Executive Director of the Cape Fear Literacy Council Linda Patton Lytvinenko 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 16.9. ADOPTION OF RESOLUTION SUPPORTING LEGISLATION AGAINST INVOLUNTARY ANNEXATION Vice-Chairman Thompson presented the request for the Boards consideration to adopt the resolution supporting legislation against involuntary annexation at both the state and local level highlighting the following: · The majority of the current day annexation laws date back to 1947; minor changes were added in 1959 and again in the 1980s and 1990s. · In 1995 the City of Wilmington started an aggressive involuntary annexation policy and acquired the Landfall/Mayfaire area and in 1998 acquired the Seagate/Masonboro area. · The City of Wilmington has doubled in size since 1995 representing in todays standards a 65% increase in taxes for the annexed resident. · The latest annexation acquisition is the Monkey Junction area. · The City of Wilmington has identified the Ogden/Gordon Road area as a study area for possible future annexation. · As the City of Wilmington gains revenue, the other jurisdictions lose revenue, resulting in those areas facing the difficult task of how to still provide the services that are needed with less revenue. · State legislation is needed that allows citizens in the proposed annexed area the right to vote; requires increased fiscal oversight of the annexation; directs cities to focus annexation efforts on areas that need urban services, requires cities to extend the promised services in a timely manner; and requires cities to take an entire subdivision or area, not just affluent areas. The draft resolution for the Boards consideration supports the citizens right to vote and does not restrict that right simply because the government fears the vote will be contrary to the wishes of Government. Forced annexation is not about providing services to the people that may need them, but is about taking citizens money. Chairman Davis reported that the County already provides fire service and law enforcement in the unincorporated areas and with the establishment of the Cape Fear Public Utility Authority the City of Wilmington can no longer offer water and sewer service, therefore, there is nothing for the areas that are annexed to gain. Vice-Chairman Thompson read the resolution into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Greer, to adopt the resolution supporting legislation against involuntary annexation at both the state and local level. 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 16.10. ADOPTION OF RESOLUTION CALLING FOR AN ADVISORY REFERENDUM CONCERNING THE LEVY OF A ONE-QUARTER CENT COUNTY SALES AND USE TAX County Manager Shell reported that during the 2007 session the North Carolina General Assembly granted County Boards of Commissioners the authority to levy, subject to voter approval, an additional one-quarter cent sales and use tax. For the Boards consideration is a non-binding resolution calling for an advisory referendum on the May 4, 2010 ballot on the question of whether to levy one-quarter percent sales and use tax. · October 1, 2010, is the earliest date that the additional sales tax would become effective if the commissioners levied the sales tax via resolution following a May 4, 2010 referendum. · The State would distribute the additional one-quarter cent sales tax to counties based on point-of- delivery. · As authorized by the General Assembly, the new sales tax would not apply to consumer food purchases. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 662 · There is no legislative requirement, or mechanism, for counties to share the additional one-quarter cent sales tax with local municipalities. · If voters approve the sales tax referendum, the Board must adopt a resolution to levy the tax in order for the tax to take effect. · No sunset clause is allowed to be included on the referendum and would require additional action by the Board. · Additional revenue source generating approximately $7 million a year. · When the Board considers the 2010-2011 budget they would be working with approximately nine months of the additional revenue. The Board held a discussion emphasizing that public education is the key for a successful referendum. The sales and use tax option takes the burden off property owners because it is a broad-based tax allowing everyone that purchases within the county, including tourists and non-property owners, to share in generating needed revenue. Chairman Davis reported that in 2007, the General Assembly authorized Counties to levy a one-quarter cent sale and use tax. In order to levy the tax, the Board of Commissioners must submit an advisory referendum to the voters as to whether to levy the tax. He continued reporting that for the Boards consideration is a resolution calling for a special advisory referendum to be placed on the May 4, 2010 ballot. The ballot question would ask the voters to vote for or against a local sales and use tax at the rate of one-quarter cent in addition to all other state and local sales and use tax. If a majority of the voters vote in favor of the tax, the Board of Commissioners would then consider a resolution to levy the tax. Chairman Davis requested a motion to adopt the resolution to submit the special advisory referendum to the voters on May 4, 2010 ballot. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the resolution calling for an advisory referendum concerning the levy of a one-quarter County sales and use tax. 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 16.11. POSTPONEMENT OF RESOLUTION SUPPORTING THE EFFORTS OF THE CAPE FEAR COALITION OF CONCERNED CITIZENS PENDING VERBIAGE REVISIONS County Manager Bruce Shell presented the request by the Cape Fear Coalition of Concerned Citizens for support in their efforts to achieve fair and equitable settlements of current and future insurance rates issues as well as other issues affecting the citizens and economic stability of the region. There is no cost to the County. Wilmington Regional Association of REALTORS, Governmental Affairs Director Kathleen Riely reported that the Cape Fear Coalition of Concerned Citizens is made up of elected officials and citizens to identify and bring recognition to area needs through our legislators in Raleigh. Included in the region are Brunswick, New Hanover, and Pender Counties. One issue that the Coalition has addressed has been the high increase in coastal homeowners insurance rates but the Coalition will be reviewing other issues, such as stormwater or transportation, that affect the Region. Commissioner Barfield read the resolution into the record. Commissioner Greer voiced his concern that the resolution as presented gives blanket support to any issue the Coalition undertakes and may not be consistent with issues that the Board of Commissioners support. The Board held a discussion concerning adding language to the resolution reflecting that issues the Coalition undertakes will need to be formally approved by the Board. Vice-Chairman Thompson suggested adding the verbiage when approved by the New Hanover County Board of Commissioners to the last paragraph of the resolution. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to withdraw from consideration the resolution supporting the efforts of the Cape Fear Coalition of Concerned Citizens to allow time to revise the wording as suggested by Board comments for the Boards consideration at the September 8, 2009 meeting. Substitute Motion: Commissioner Barfield MOVED to adopt the resolution supporting the efforts of the Cape Fear Coalition of Concerned Citizens with the revised wording as presented by Vice-Chairman Thompson. THE MOTION FAILED FOR LACK OF A SECOND. Chairman Davis called for a vote on the motion. THE BOARD VOTED UNANIMOUSLY to withdraw from consideration the resolution supporting the efforts of the Cape Fear Coalition of Concerned Citizens to allow time to revise the wording as suggested by Board comments for the Boards consideration at the September 8, 2009 meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 663 NANO GROUNDWATER TREATMENT PLANT UPDATE Cape Fear Public Utility Authority Senior Project Engineer Gary McSmith presented the following update on the nano groundwater treatment plant: · Fifteen well sites · Twenty-five wells · Two aquifers · Six million gallons per day capacity · Membrane equipment in plant: · Water pumped through long tubes that are packed with nano filters · Filters separate groundwater minerals from drinking water producing a better taste and softness · Plant startup is scheduled for the first two weeks of September · Changeover to membrane softened water is scheduled for the second two weeks of September · Most wells are already in operation · Improvements to the water include a reduction in hardness with a recommendation to discontinue the use of home softeners; reduction in iron and manganese and the occurrence of discolored water; improved taste and odor; and addition of a blended polyphosphate for corrosion control to prohibit plumbing corrosion · Fluoridation of water scheduled date of November 1, 2009. In response to Board questions, Cape Fear Public Utility Authority Public Information Office Carey Disney Ricks reported that the Authoritys website will include information in a question and answer section including directions on how to dispose of home water softener systems. In response to Board questions, Mr. McSmith presented an overview of the permitted discharge system and reported that the CFPUA Board will be addressing the fluoride application issue prior to November 2009. A complete copy of the PowerPoint is available for review on the Cape Fear Public Utility Authority website. ADOPTION OF RESOLUTION UPDATING THE NEW HANOVER COUNTY FIRE INSURANCE DISTRICTS Fire Chief Donnie Hall reported that with the recent change in status of the Ogden Fire Stations and the opening of Murrayville Fire Station, updates to the Fire Insurance Districts within the unincorporated portions of New Hanover County are needed. Previously, New Hanover County Fire had contracted out service through the volunteer fire corporations for fire protection with the exception of the Countys operation on Highway 421 North, known as Fire Station 51. The Insurance District for Fire Station 51 is the 421 North Fire Insurance District. The North Carolina Department of Insurance will allow the County to consolidate the insurance districts between 421 North, Murrayville and the two Ogden Stations located on Market Street and Porters Neck Road. This change requires Board adoption. The Murrayville Fire station, known as Station 52, will require modifications to the existing insurance districts of Wrightsboro and Castle Hayne. Those two districts will be reduced to create the Murrayville response area. The attached map will illustrate the revised and renamed insurance district to the New Hanover County Fire Insurance District. Residential customers are not expected to see a change in fire insurance ratings, while it is possible some commercial customers may see an improvement in rates. Staff recommends the Board adopt the resolution updating the New Hanover County Fire Insurance Districts. Commissioner Greer read the resolution into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution updating the New Hanover County Fire Insurance Districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and Exhibit A are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 16.12. BREAK Chairman Davis called for a break at 10:35 a.m. until 10:48 a.m. APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON FOR THE RED LIGHT CAMERA PROGRAM County Manager Bruce Shell reported that on December 15, 2008, the Board of Commissioners agreed that upon execution of a satisfactory interlocal agreement between the City of Wilmington and New Hanover County, the County would agree to fund 50% of the net cost of the Red Light Camera Program in an amount not to exceed $200,000 per year. The initial term of the agreement will be three years, with possible extension up to five years (the Board had agreed to the initial term of the agreement being five years). Ninety percent of the amounts collected from citations issued under the Red Light Camera Program are paid to the New Hanover County Board of Education. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 664 Staff recommends the Board approve the interlocal agreement between the City of Wilmington and New Hanover County authorizing the Chairman to execute the interlocal agreement whereby the County agrees to fund 50% of the net cost of the Red Light Camera Program in an amount not to exceed $200,000 per year with the initial term of the agreement being three years with a possible extension up to five years. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the interlocal agreement between the City of Wilmington and New Hanover County for the Red Light Camera Program in an amount not to exceed $200,000 with the initial term of the agreement being three years with a possible extension up to five years. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the interlocal agreement is available for review in the Legal Department. COMMITTEE APPOINTMENTS Appointment to the Cooperative Extension Advisory Council Chairman Davis reported that vacancies need to be filled on the Cooperative Extension Advisory Council with one new application having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint Zachary Rudisin to serve an unexpired term on the Cooperative Extension Advisory Council with the term to expire May 31, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Library Advisory Board Chairman Davis reported that four vacancies need to be filled on the Library Advisory Board with one applicant eligible for reappointment and four new applications having been received and requested direction from the Board. Commissioner Greer nominated Carroll R. Jones. The nomination was seconded by Commissioner Caster. Commissioner Barfield nominated Evelyn B. Smith. The nomination was seconded by Commissioner Greer. Commissioner Caster nominated Bettie H. Harrison. The nomination was seconded by Vice-Chairman Thompson. Commissioner Barfield nominated Ellen B. OMalley. The nomination was seconded by Vice-Chairman Thompson. Chairman Davis called for a motion to approve the nominations as presented. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to re-appoint Bettie J. Harrison and to appoint Carroll R. Jones, Ellen B. OMalley, and Evelyn B. Smith to serve three year terms on the Library Advisory Board with the terms to expire August 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Board of Mechanical Examiners Chairman Davis reported that three vacancies need to be filled on the Board of Mechanical Examiners with two applicants being eligible for reappointment and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to reappoint Larry Lisk and Bruce Polity to serve two-year terms on the Board of Mechanical Examiners in the Mechanical Contractors category with the terms to expire August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint David Sims to serve a two-year term on the Board of Mechanical Examiners in the Registered Mechanical Engineer category with the term to expire August 31, 2011. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Carolyn Bordeaux voiced her concern that she was included in the City of Wilmingtons recently forced annexation of the Monkey Junction area. She requested the Board continue to fight against forced annexation and Extra Territorial Jurisdiction, thanking them for their support. Sylvia Santaballa voiced her concern about the recent decision by a Wilmington OB/GYN practice to cancel their midwife program. She requested the Board use their influence to get the program reinstated as many women prefer this birthing option. CLOSED SESSION Chairman Davis announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(3) to consult with the County Attorney regarding a matter of litigation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, AUGUST 17, 2009 PAGE 665 Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to enter into a Closed Session pursuant to N.C.G.S. 143-318.1(a)(3) to consult with the County Attorney regarding a matter of litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 11:05 a.m. CONVENE TO REGULAR SESSION Chairman Davis reconvened to Regular Session at 12:08 p.m. and reported that the Board had consulted with the County Attorney regarding whether the County should appeal the court order in the case of Carolina Marina and Yacht Club, LLC vs. New Hanover County Board of Commissioners and New Hanover County. The Superior Court entered an order reversing the Boards decision to deny a special use permit for a dry storage facility. Chairman Davis requested direction from the Board to appeal, or not appeal, the court decision in the case of Carolina Marina and Yacht Club, LLC vs. New Hanover County Board of Commissioners and New Hanover County. MOTION: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, not to appeal the court decision in the case of Carolina Marina and Yacht Club, LLC vs. New Hanover County Board of Commissioners and New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn. 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 12:10 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.