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2004-09-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 140 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 20, 2004, 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 Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Vice-Chairman Julia Boseman arrived at 9:25 a.m. due to being called for jury duty. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Hearing no further discussion, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting - September 7, 2004 Special Meeting - September 7, 2004 Adoption of Resolution to Add Roads to the State Road System The Commissioners adopted a resolution to add the following roads to the State Road System: Shire Lane, Friar Street, Geneva Drive, Riva Ridge Road, and Hyatt Lane in the Belmar Forest Subdivision (Division File No.1055-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 6.1. Approval of Kure Beach Shore Protection Project Closeout The Commissioners approved the Kure Beach Shore Protection Project closeout in the amount of $8,393.97, which will be paid from the Room Occupancy Tax Fund. Acceptance of Funding from the State Women, Infants and Children Program and Approval of Associated Budget Amendment #05-0044 – Health Department The Commissioners accepted funding in the amount of $18,756 from the State Women, Infants and Children (WIC) Program and approved associated budget amendment #05-0044. The money will be used to purchase fourteen new computers for the New Hanover County Health Department WIC Program. Funds for this purchase must be spent or obligated by September 30, 2004. Budget Amendment #05-0044 – Health Department AdjustmentDebitCredit Women, Infants & Children: WIC Health Grant$18,756 Capital Outlay$18,756 Explanation: To budget additional funding received from the state to purchase fourteen Dell OptiPlex GX280 model computers for use in the WIC program. Acceptance of Grant from the HUD Cooperative Agreement Continuation Grant, Approval of Associated Budget Amendment #05-0041, and Authorization for the County Manager to sign the Grant Document – Human Relations The Commissioners accepted a grant in the amount of $44,000 from the HUD Cooperative Agreement Continuation Grant, approved associated budget amendment #05-0041, and authorized the County Manager to sign the grant document. The money will be used for activities related to promoting fair housing in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 141 Budget Amendment – 05-0041 – Human Relations/HUD AdjustmentDebitCredit Human Relations - HUD: Human Relations Grant HUD$4,000 Training and Travel$4,000 Explanation: To increase budget to actual FY 2004 HUD grant award (budgeted $40,000, grant amount is $44,000). Approval of Creation of an Additional Regular Van Driver Position - Juvenile Day Treatment Center The Commissioners approved the creation of an additional regular van driver position. The current position is part-time temporary. The annual cost of the position will be $33,450. In order to comply with the policies set by the Division of Facility Services, there must be two employees in a vehicle if more than one youth is being transported. Currently the vehicles are being operated with only one employee. School system funding will fund the position already allocated to the County. If funding is not available from the school system in FY 05-06, the position will be eliminated. Authorization for the Cape Fear Museum to Submit a Grant Application for the Conservation Project Support from the Institute of Museum and Library Services The Commissioners authorized the Cape Fear Museum to submit a grant application for the Conservation Project Support from the Institute of Museum and Library Services in the amount of $8,503, which would be matched by an estimated $9,437. Match includes in-kind salary match from staff and volunteers and the normal amount of money budgeted for conservation in the Museum budget 6140. If the grant is awarded, these funds will be used to treat metal objects in the Museum’s collection, which were assessed for treatment during the 2002 IMLS CPS grant that the Museum has just completed. Approval of Increase in Civil Process Fees and Associated Budget Amendment - Sheriff The Commissioners approved the increase in Civil Process Fees. HOUSE BILL 918, Increase Service of Process, tripled the fee for in-state service of civil process from $5 to $15, effective September 1, 2004. With enactment of this bill, at least one-half of the in-state fees (estimated at $257,500 for the remainder of FY04-05) must be used by the County to ensure timely service of process, including the hiring of additional law enforcement officers upon the recommendation of the Sheriff. Budget Amendment - #05-0045 – Sheriff AdjustmentDebitCredit Commissioners: Appropriated Fund Balance$128,750 Sheriff/Administration: Service Fees/Civil Papers $257,500 Sheriff/Support Services: Salaries and Wages$51,703 Social Security Taxes$3,955 Retirement- Local Government Employee$2,529 Retirement - 401K$2,584 Medical Insurance Expense$9,272 LT Disability Insurance$145 Radios$4,281 Sheriff/Uniform Patrol: Radios$4,281 Motor Vehicle Purchases$50,000 Explanation: To increase budget for additional revenue from in-state service of civil process. To increase Sheriff's Office budget for two additional, full-time Deputy positions and equipment for the two positions. Acceptance of Tax Collection Reports through August 31, 2004 The Commissioners accepted the following Tax Collection reports through August 31, 2004, as submitted by the Collector of the Revenue, Patricia J. Raynor: 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 XXIX, Page 6.2. Release of Value The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers. Applications and letters explaining late filing are available upon request at the Tax Office. Armstrong, Juanita S.$87,023 Croom, Marie N. Life Estate 26,103 Denny, Betty J. 37,610 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 142 Donnell, Mary Ann 91,765 Gordon, Bettye E. 38,874 Flowers, Burnice Ray Edith 37,183 Hills, Isla K.132,273 Sexton, Sylvia Harvey 42,379 Talbard, Virginia 34,697 Wheeler, Alma W. 58,800 The Commissioners approved the correction to the following Senior Citizen/Disability Exclusion. This item was originally placed on the November 17, 2003 agenda but had the incorrect amount of exclusion. Little, Evelyn P.$34,242 The Commissioners approved the release of the following late listing penalties as this was the taxpayers' first offense: Ambiance Custom Interiors$ 3.97 Andrews Mortuary166.79 Azalea Insurance Agency 2.47 Azalea Insurance Services 15.22 Azalea Service Centers, Inc. 41.22 Burton Steel, Co. 97.87 Burton Steel Erection Co. 8.43 Children’s Inn Inc. 27.11 Clark, Newton & Evans PTR 13.50 Cliver, Carl Edward 30.08 Companimal Inc. DBA Pets Plus 7.47 Hardison and Chamberlain CPAS 11.31 Hardison, Milton R. CPA 4.49 Jimbos, Inc. 43.73 Joyner Supply Co., Inc. 82.48 KATS, Inc. 56.11 KATS Two, Inc. 43.05 Kessler, Marilyn 1.91 Klaus, Nelson C. Jr. Dr. 181.31 Merritt Heating & Air, Inc. 3.56 Nical Distributors, Inc. 1.94 Scotts Lawn Service .51 Skinner & Jackson, Inc. 49.30 Teds Exxon, Inc.146.26 Ward, W. Christopher DMDMS 145.19 Wetherill, Richard III DDS 88.45 Zambesi Equipment, Inc. 17.56 Approval of Budget Amendment #05-0042 - Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0042 – Social Services AdjustmentDebitCredit Social Services Administration: DSS Admin Grants$18,453 Medicaid: Assistance Payments$2,637 Adult Day Care Services: Day Care Services$21,090 Explanation: To budget additional federal and state dollars for the Adult Day Care Program. Approval of Budget Amendment #2005-10 – Sheriff The Commissioners approved the following budget amendment: Budget Amendment #2005-10 - Sheriff AdjustmentDebitCredit Controlled Substance Tax: Controlled Substance Tax$9,043 Interest on Investments$334 Capital Project Expense$9,377 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 143 Explanation: To budget additional revenue received and interest earned. Received on August 30, 2004. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. Approval of Budget Amendment #2005-11 - Sheriff The Commissioners approved the following budget amendment: Budget Amendment #2005-11 - Sheriff AdjustmentDebitCredit Federal Forfeited Property: Federally Forfeited Property$22,556 Interest on Investments$389 Capital Project Expense$22,945 Explanation: To increase budget for additional revenue and interest earned and received on August 18 and 26, 2004. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Five-YearLynne D. Davis - Sheriff Deborah S. Goodwin - Health Joyce A. Hatem - Health Christy C. O'Herron - Health Dawn L. Horne - Inspections Ten-YearLinda Augino - Fire Services Thomas C. Berry - Inspections Hugh Overstreet - Inspections Fifteen-Year Shirley S. Lloyd - Health Twenty-YearMyron G. Brown - Property Management William A. Bullard - Property Management Thirty-YearOrethia K. Brown - Social Services On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be introduced: Vicki Arnett - Sheriff Michael Burkett – Health Mary Davis – Social Services Sandra Howell – Health Eric Kelley – Sheriff Diane Kirby – Health Jeffery Lea – Sheriff Keith Ligenzowski – Parks Danielle Lota – Health Stephen Pollock – Property Management Joshua Russo – Parks Ralph Sutton - Sheriff On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success with their new positions. RECOGNITION OF 2004 KETNER AWARD WINNERS County Manager ONeal reported that the Ketner Awards are the creation of John Ketner, founder of Food Lion, = to recognize county employees for creativity, innovation and commitment to improving county government. New Hanover County is proud to recognize winners of the 2004 N. C. Association of County Commissioners Ketner Employee Productivity Awards. Ray Church, Jason Hale, Gary Moore and Jim Thomas were selected for their glass-recycling program. On behalf of the Board, Chairman Greer congratulated the Environmental Management team for jobs well done. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 144 Commissioner Davis requested a debris removal update from Environmental Management Director Ray Church. Environmental Management Director Church reported that the contract for debris removal was for a one-year period and thus far over 30,000 cubic yards had been collected in the County. The estimate for countywide debris removal is $238,000. PRESENTATION OF UPDATE ON BUILDING A RESPONSIVE COMMUNITY PARTNERSHIP Annette Crumpton, Director of the Aging Department, reported that in June 2003, the New Hanover County Department of Aging submitted an application to the NC Division of Aging and Adult Services and was chosen as one of two counties to implement a long-term care initiative to focus on the needs of elderly and disabled adults. A committee composed of consumers, providers, and caregivers, began to meet and gave themselves the name, Building a Responsive Community (BRC) Partnership. Their focus has been to study the current status of services for these two populations and identify future needs. The Building a Responsive Community Partnership will hold a Public Forum on September 27, 2004, from 1:00 PM - 3:00 PM at the Senior Center. The partnership will report on five of the most critical service areas for elderly and disabled adults. A formal report on the BRC findings will be submitted in early 2005 to the New Hanover County Board of Commissioners, the NC Division of Aging and Adult Services and the NC Long Term Care Cabinet. This report will provide the blueprint for a long-term care strategic plan to address the service needs of the elderly and disabled adults in New Hanover County. PRESENTATION BY RICK CATLIN, CHAIRMAN OF PORTS, WATERWAY, AND BEACH COMMISSION Rick Catlin, Chairman of the Ports, Waterway, and Beach Commission reported that on February 2, 2004, Assistant Secretary of the Army John Paul Woodley, Jr. sent letters to numerous coastal communities, counties, and municipalities indicating “the Administration has determined that Federal participation beyond the initial nourishment phase no longer can be supported in the budget, beginning in FY 2005.” The letter also states “this policy applies to all projects involving periodic beach nourishment, which includes some projects for coastal storm damage reductions, some projects for ecosystem restoration and projects or activities that bypass sand or replenish shores to mitigate the impacts of coastal navigation faculties.” The Towns of Wrightsville Beach, Carolina Beach and Kure Beach are requesting the County to support a lawsuit against the Assistant Secretary of the Army to require the Army to honor the beach project contracts calling for Federal participation in beach renourishment. The County is requested to reimburse the Beach Towns for legal fees in the amount of $3,000 each for a total of $9,000 from the Room Occupancy Tax (ROT) Fund. Chairman Greer asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to reimburse Wrightsville Beach, Kure Beach, and Carolina Beach for legal fees in the amount of $3,000 each for a total of $9,000 from the Room Occupancy Tax Fund in support of a lawsuit against the Assistant Secretary of the Army to require the Army to honor the beach project contracts calling for Federal participation in beach renourishment. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON 2004 UNITED WAY CAMPAIGN Warren Lee, Director of Emergency Management, reported on the 2004 United Way Campaign. New Hanover County employees will participate in the 2004 United Way Campaign beginning on October 18 and ending on October 29. Last year the employees of New Hanover County contributed $64,579 to the Cape Fear Area United Way campaign, with a participation rate of 69%. This year the proposed goal is for at least $66,000, with 100% participation by County employees. On behalf of the Board, Chairman Greer stated support of the 2004 United Way Campaign. PRESENTATION ON A MASS VACCINATION CLINIC EXERCISE Health Director David Rice and Director of Emergency Management Warren Lee reported that the Strategic National Stockpile program planning and exercising is critical to the emergency response preparedness for New Hanover County. New Hanover County was selected as one of four health departments in North Carolina to develop a Strategic National Stockpile Plan. A receiving site and five dispensing sites have been identified in the Strategic National Stockpile Plan. A Mass Vaccination Clinic Exercise is planned for Monday, October 18, 2004, between 1:00 and 5:00 p.m. The exercise site will be Hoggard High School. This exercise will serve as the test for the plan that is developed to respond to a bio-terrorism attack. Organizers hope to use county, city, hospital, and public school employees with their families to simulate the response to an actual event. This exercise hopes to accomplish two things: 1) it will allow County officials to evaluate the response plan they have designed; and 2) itwill allow participants to receive a flu shot (influenza vaccine), if they so choose. Employees participating will receive the flu shots at no cost. There will be a charge of $20 for family members who participate. The participants include representatives from New Hanover County, the City of Wilmington, New Hanover Regional Medical Center, Southeastern Center for Mental Health, New Hanover County Schools, the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach and the Special Needs Task Force. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 145 On behalf of the Board, Chairman Greer thanked Health Director Rice and Director of Emergency Management Lee for the presentation. PRESENTATION OF “AMENDMENT ONE” AND CONSIDERATION OF A RESOLUTION OF SUPPORT Finance Director Bruce Shell reported that on November 2, 2004, the citizens of North Carolina will vote on "Amendment One", a constitutional amendment to authorize self-financing bonds. Forty-eight other states utilize this approach to promote local development. These bonds would be issued for public facilities related to the private development within a development district. Any debt associated with this approach will continue to require approval of the Local Government Commission. Staff recommends adoption of a resolution supporting approval of Amendment One on the November 2, 2004 statewide ballot. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman to adopt the Resolution supporting approval of “Amendment One” on the November 2, 2004 statewide ballot. 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 XXIX, Page 6.3. CONSIDERATION OF PROJECT ORDINANCE FOR ANDERSON ELEMENTARY SCHOOL AND OGDEN ELEMENTARY SCHOOL AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2005-12 Finance Director Bruce Shell reported that on September 7, 2004, the New Hanover County Board of Education and County Commissioners discussed the funding for construction of Anderson Elementary School and the design of Ogden Elementary School. The County Commissioners approved funding in the amount of $11,950,000 by the use of $4,275,834 of County fund balance as well as Board of Education fund balance in the amount of $6,000,000, state funds in the amount of $1,224,166 and sales tax reimbursement in the amount of $450,000. The New Hanover County funds will be provided over two fiscal years to minimize the impact on the County's fund balance. Staff recommends adoption of the project ordinance. Commissioner Davis asked Finance Director Shell if approval of the project ordinance and associated budget amendment would have a negative impact on the County’s fund balance or financial standing. Finance Director Shell replied that it would not. Commissioner Pritchett asked Finance Director Shell what steps would need to be taken if the amounts allocated from the County were not sufficient to complete the construction of Anderson Elementary School. Finance Director Shell replied that the Board of Education would have to come back to the County Commissioners with a request for additional funding. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to adopt the Project Ordinance and associated budget amendment for the design and construction of Anderson Elementary School and the design of Ogden Elementary School. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2005-12 - Anderson/Ogden Schools/Commissioners/Transfers to Other Funds Adjustment Debit Credit Anderson/Ogden Elem. Schools: Transfer In from General Fund $2,137,917 Public School Bldg Cap. Fund $1,224,166 Contribution from Schools $6,450,000 Extended Project Expense $9,812,083 General Fund: Commissioners Appropriated Fund Balance $2,137,917 Transfer to Other Funds: Transfer to Capital Projects $2,137,917 Explanation: To establish project budget for Anderson and Ogden Elementary Schools, according to Capital Project Ordinance. A copy of the project ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 6.4. COMMITTEE APPOINTMENTS Appointments of Katherine M. Griffin, Shirley Mazzed, and Sonja Douglas Robinson to Serve on the Adult Care Home Community Advisory Committee Chairman Greer announced that a minimum of five vacancies needed to be filled on the Adult Care Home Community Advisory Committee. He reported that three applications were received. Chairman Greer opened the floor to receive nominations. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 146 Commissioner Caster nominated Katherine M. Griffin, Shirley Mazzed, and Sonja Douglas Robinson. Commissioner Pritchett seconded the nominations. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the nominations of Katherine M. Griffin, Shirley Mazzed, and Sonja Douglas Robinson. Vote: The Board voted unanimously to appoint Katherine M. Griffin, Shirley Mazzed, and Sonja Douglas Robinson to serve on the Adult Care Home Community Advisory Committee, with the terms to expire September 30, 2005. Re-appointment of Frankie Roberts and Appointment of Jordan Fieldstein, Sonja Douglas Robinson, George E. Tilley, Reid C. Toth, and Dolores M. Williams to the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Chairman Greer announced that six vacancies needed to be filled on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board with members needed from the following categories: At-Large, Faith Community, and Person Under Age 18. He reported that eight applications were received with one applicant, Frankie Roberts being eligible for reappointment. Chairman Greer opened the floor to receive nominations. Commissioner Caster nominated Frankie Roberts for reappointment. Commissioner Pritchett seconded the nomination. Vote: The Board voted unanimously to re-appoint Frankie Roberts to serve on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board, with the term to expire September 30, 2007. Commissioner Caster nominated Jordan Fieldstein and Sonja Douglas Robinson. Commissioner Pritchett seconded the nomination. Vote: The Board voted unanimously to appoint Jordan Fieldstein to serve the unexpired term on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board, with the term to expire September 30, 2006 and Sonja Douglas Robinson to serve the unexpired term on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board, with the term to expire September 30, 2005. Vice-Chairman Boseman nominated George E. Tilley. Commissioner Caster seconded the nomination. Commissioner Pritchett nominated Reid C. Toth. Commissioner Caster seconded the nomination. Commissioner Caster nominated Dolores M. Williams. Vice-Chairman Boseman seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed Chairman Greer called for a vote on the appointment of George E. Tilley, Reid C. Toth, and Dolores M. Williams. Vote: The Board voted unanimously to appoint George E. Tilley, Reid C. Toth, and Dolores M. Williams to serve on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board, with the terms to expire September 30, 2007. Appointment of William H. Terrell to the Cape Fear Museum Advisory Board Chairman Greer announced that one vacancy needed to be filled to serve an unexpired term on the Cape Fear Museum Advisory Board. He reported that five applications were received, and requested nominations from the Board. Commissioner Pritchett nominated William H. Terrell. Commissioner Caster seconded the nomination. Chairman Greer nominated Donald Patience. The nomination did not receive a second. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of William H. Terrell. Vote: The Board voted unanimously to appoint William H. Terrell to serve the unexpired term on the Cape Fear Museum Advisory Board, with the term to expire on June 30, 2005. Reappointments of Carl D. Brown, Patricia L. Leonard, Nancy S. Marks, and Frank Taylor to Serve on the New Hanover Regional Medical Center Board of Trustees Chairman Greer announced that four vacancies needed to be filled on the New Hanover Regional Medical Center Board of Trustees. He reported that forty-eight applications were received with four applicants, Carl D. Brown, Patricia L. Leonard, Nancy S. Marks, and Frank Taylor being eligible for reappointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 147 Vice-Chairman Boseman nominated Carl D. Brown, Patricia L. Leonard, Nancy S. Marks, and Frank Taylor. Commissioner Caster seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the reappointments of Carl D. Brown, Patricia L. Leonard, Nancy S. Marks, and Frank Taylor. Vote: The Board voted unanimously to reappoint Carl D. Brown, Patricia L. Leonard, Nancy S. Marks, and Frank Taylor to serve on the New Hanover Regional Medical Center Board of Trustees, with the terms to expire September 30, 2007. Appointment of Charles Pennington to Serve on the Tourism Development Authority Chairman Greer announced that one vacancy needed to be filled to serve an unexpired term on the Tourism Development Authority in the category of Owner/Manager of a County Bed and Breakfast Facility. He reported that one application was received from Charles Pennington, owner/manager of The Verandas Bed and Breakfast. He requested nominations from the Board. Commissioner Caster nominated Charles Pennington. Commissioner Pritchett seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Charles Pennington. Vote: The Board voted unanimously to appoint Charles Pennington to serve the unexpired term on the Tourism Development Authority, with the term to expire December 31, 2006. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:05 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11:10 a.m. NON-AGENDA ITEMS Chairman Greer 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. Randy Crow stated that he is a candidate for the Board of County Commissioners and felt it would be best if the decision for the planning design of Ogden Elementary School and the NHC Board of Education superintendent’s contract extension were delayed until after the November election. ADDITIONAL ITEMS Item Presented by Public Information Officer Mark Boyer Public Information Officer Boyer announced that an Open House for the jail would be held on Saturday, September 25, 2004 from 10 a.m. until 5 p.m. Items Presented by Commissioner Caster Commissioner Caster reported that he attended several meetings and events including the Convention Leadership Team, the Center for Marine Science Advisory Board, the Convention Center Task Force, the presentation of grant funds to the Fire District by Representative McIntyre, the CAMA Land Use Advisory Panel, the Masters Public Information Advisory Panel, the Community College Board Meeting at Miller-Motte Technical College, the Cape Fear Museum new exhibit opening and the Constitution Reading Program on the deck of the USS North Carolina Battleship. Commissioner Caster reported that the U.S. Maritime Administration is considering moving two Ready Reserve Fleet vessels from Wilmington to the James River Reserve fleet in Virginia in 2005 and is concerned about the economic impact this would have locally. Commissioner Caster reported receiving e-mails from downtown central business district owners requesting the sheriff’s department enforce the ALE Laws in certain businesses and requested Chief Deputy W.T. Parker to provide details. Chief Deputy Parker reported that the businesses in question are private clubs and are not open to public inspection by law enforcement agencies. However, the ABC Board does have the right to inspect these clubs. Commissioner Caster stated that the request from the business owners would be forwarded to the ABC Board for consideration. Commissioner Caster reported that the 800-MHz radio antennae site study is continuing and the permit for the Northside Waste Water Treatment Plant is forthcoming. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, SEPTEMBER 20, 2004PAGE 148 Items Presented by Vice-Chairman Boseman Vice-Chairman Boseman reported that she enjoyed attending the Constitution Reading Program on the deck of the USS North Carolina Battleship and apologized for being late due to being called to serve on jury duty. Items Presented by Commissioner Pritchett Commissioner Pritchett commented that she enjoyed attending the Constitution Reading Program, the CAPPS meeting report on emissions, the Cape Fear Museum new exhibit opening, the HUD Fair Housing luncheon, and the 50 th Anniversary of Wrightsville Beach School. CLOSED SESSION Chairman Greer announced a Closed Session pursuant to N.C.G.S. 143-318.11 (6) to conduct the performance evaluation for the Clerk to the Board. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster pursuant to N.C.G.S. 143-318.11(6) to convene to Closed Session to conduct the six-month probationary review for the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 11:30 a.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 11:45 a.m. He reported that the six-month probationary review was completed for the Clerk to the Board and the Board is very pleased with Ms. Schult’s performance and looks forward to a long working relationship. ADJOURNMENT There being no further business, Chairman Greer called for a motion to adjourn. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11:47 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board