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2005-06-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 344 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 20, 2005, at 9:04 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; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; Deputy County Attorney Kemp Burpeau; and Clerk to the Board Sheila 1. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Francis Daniel, Senior Pastor of Wesley Memorial United Methodist Church, gave the invocation. Commissioner Kopp 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. Vice-Chairman Caster requested removal of items 3 and 4 for clarification from staff. Item 3 - Appointment of Carl Byrd, Sr., to the 1898 Wilmington Race Riot Commission. Vice-Chairman Caster requested that staff obtain a status report from the Wilmington Race Riot Commission. Item 4 - Approval to Submit an Application for Federal Grant Funding for Fire Services. Vice-Chairman Caster clarified with Fire Chief Donnie Hall that if the grant is awarded the matching funds of 10% are available in the budget and a detailed plan will be brought back before the Board for final approval. Hearing no further comments, Chairman Greer called for a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meeting as presented by the Clerk to the Board: Regular Meeting, June 6, 2005 Adoption of Resolution to Add Wedgefield Drive in Crosswinds South Subdivision to the State Highway System The Commissioners adopted a resolution to add Wedgefield Drive in Crosswinds South Subdivision (Div. File No: 1063-N) to the State Highway System. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 23.1. Appointment of Carl Byrd, Sr., to the 1898 Wilmington Race Riot Commission The Commissioners appointed Carl Byrd, Sr., Director of Human Relations to serve as the County's representative on the 1898 Wilmington Race Riot Commission. Authorization to Fire Services to Submit a Grant Application for Federal Funding The Commissioners authorized Fire Services to submit a grant application to the Safer Grant and approved the associated budget amendment if the grant is awarded. If the grant is awarded, the funds will be used to help local jurisdictions fund fire fighter positions. The five-year grant maintains a matching portion through the life of the grant. Approval of Personnel Policy Revision - Human Resources Department The Commissioners approved the following Personnel Policy Revision: . The revision shortens the maximum leave of absence without pay period available to eligible employees from one year to six months. This will address the issue of the strain an extended leave of absence puts on the operations of a department, with the attendant uncertainty of whether the employee will even return after so long an absence (during which time the department head cannot fill the position). It also addresses the issue of increased medical and denied benefits coverage costs for an employee on an extended leave of absence. Currently the County absorbs most of the coverage costs during the leave period and the costs are so high, there needs to be a reasonable way to preserve the policy to benefit deserving employees. The revision is to be effective with the implementation of the new payroll and personnel software, which is expected to be July 1 , 2005. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 345 Adoption of Resolution to Take Possession and Control of Abandoned Methodist Cemetery Located at 1534 John Morris Road The Commissioners adopted the resolution to take possession and control of abandoned Methodist Cemetery located at 1534 John Morris Road. If no clear title can be readily determined, pursuant to State regulations, counties are required to take possession and control ofthese sites. The tract is adjacent to Airport property, and the Authority desires to secure title and then maintain and secure the cemetery. Under the statutory process, the County would take control of the cemetery and then quitclaim the parcel to the New Hanover County Airport Authority. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 23.2. Approval of New Hanover County and New Hanover County Fire District Tax Reports The Commissioners accepted the following T ax Collection Reports through May 31, 2005, as submitted by the Collector of the Revenue, Patricia 1. 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 23.3. Approval of Budget Amendment #05-0234 - Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0234 - Social Services Adiustment Debit Credit Child Day Care: Office Day Care Services DSS/Smart Start Day Care Administration: DSS Administration Grant Share the Warmth: Assistance Payments $10,000 $10,000 $ 2,020 $ 2,020 Explanation: To budget additional federal funds received for the Smart Start program and additional state funds for Share the Warmth program. No additional County dollars are required. Approval of Budget Amendment #05-0247 - Southeastern Mental Health The Commissioners approved the following budget amendment: Budget Amendment #05-0247 - Southeastern Mental Health Adiustment Debit Credit Southeastern Mental Health: ABC 5-Cent Bottle Charge SEMH - ABC 5-Cent $13,000 $13,000 Explanation: To budget greater than anticipated revenue from the ABC 5-cent bottle tax. Funds are distributed to Southeastern Center to be used for treatment of alcoholism and research or education on alcohol abuse. Approval of Budget Amendment #05-0248 - Inspections Department The Commissioners approved the following budget amendment: Budget Amendment #05-0248 - Inspections Department Adiustment Debit Credit Inspections: Inspection Revenue Departmental Supplies Contracted Services $91,504 $85,000 $ 6,504 Explanation: Due to record construction, additional revenue has been generated by the Inspections Department to cover unanticipated expense increases to the operations and maintenance portion of its budget. Two pieces of technology that are critical to the interface between the department and the public have to be replaced and/or repaired. Approval of Budget Amendment #05-0250 - Department of Social Services The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 346 Budget Amendment #05-0250 - Department of Social Services Adiustment Debit Credit Social Services: Salaries and Wages Non-Departmental: Insurance and Bonds $200,000 $200,000 Explanation: Transfer funds from Human Service to General Government Function for end-of-year-adjustment. Approval of Budget Amendment #2005-57 - Sheriff The Commissioners approved the following budget amendment: Budget Amendment #2005-57 - Sheriff Adiustment Debit Credit Controlled Substance Tax: Controlled Substance Tax Capital Project Expense $5,506 $5,506 Explanation: To increase budget for additional revenue received on May 23, 2005. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. REGULAR ITEMS OF BUSINESS PRESENTA TION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Five- Year Anthony E. Jinwright - Register of Deeds Lucretia M. Cox - Health Department Shirquania T. Roberts - Social Services Department Twenty- Year Dorothy D. Hodder - Library Twenty-Five Year Dottie Spruill - Finance Thomas 1. Stich, Sr. - Health Department 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: Valerie Smith - Aging Services Matthew Saunders - Fire Services Jennifer Carter - Health Department Jennifer Hardison - Register of Deeds Andrea Creswell- Register of Deeds Cheryl Crossman - Social Services Kineta Rogers - Social Services Cameron Van Winkle - Water and Sewer Engineering Tammy Frati - Water and Sewer Finance On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success with their new positions. PRESENTA TION OF NORTH CAROLINA DEPARTMENT OF LABOR SAFETY AWARDS County Manager O'Neal reported that the North Carolina Department of Labor has awarded New Hanover County Finance Department and the Register of Deeds Office the Safety Achievement Recognition for the twentieth consecutive year. He requested that Sharon Brock, Financial Analyst and Nancy Scott, Vital Records, on behalf oftheir departments, receive the awards. On behalf of the Board, Chairman Greer congratulated the Finance Department and the Register of Deeds Office for this outstanding achievement. CONSIDERA TION OF FISCAL YEAR 2005-2006 BUDGET ORDINANCES FOR NEW HANOVER COUNTY AND THE FIRE SERVICE DISTRICT County Manager 0 'Neal presented the FY 2005-2006 Budget Ordinances for New Hanover County and the Fire Service District. He reported that the following amounts are appropriated: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 347 New Hanover County: General Fund New Hanover County Schools Fund Emergency Telephone Fund Wireless Fund Room Occupancy T ax Fund Environmental Management Fund Total Budget $238,221,546 72,000,571 1,078,137 866,847 7,067,443 15,076,728 $334,311,272 Fire Service District: Ad Valorem Taxes Sales Taxes Charges for Service Appropriated Fund Balance Total Revenues - Special Fire District Fund $4,192,7 40 1,484,884 57,000 220,618 $5,955,242 Commissioner Davis stated that discussion of a one-cent tax decrease was discussed at the Staff meeting on Thursday and asked County Manager O'Neal that if the Board approved a one-cent tax decrease, could staff make the needed budget cuts to accommodate the decrease. County Manager O'Neal responded that staff could accommodate the one-cent tax decrease by using fund balance but had not been given any specifics to begin that process. The proposed budget with the current tax rate is a conservative budget with conservative revenue estimates. Vice-Chairman Caster stated that he feels the current budget reflects that the County's spending is outrunning the population and inflation rate. The one-cent tax decrease may not mean much of a savings to homeowners but would be valuable to the small business owner. Commissioner Kopp stated that if the Board votes to reduce the tax rate then the Board needs to be responsible for making the cuts and not have Staff make those hard decisions. He stated that all during the budget process he has offered to work with his fellow commissioners to start making the budget cuts to accommodate the one-cent decrease that amounts to approximately $1.8 million. Vice-Chairman Caster responded that in the past, that Board has never gotten into the specifics of the budget cuts, but left the decisions to Staff. Commissioner Davis reported that when the tax rate was cut in the FY Budget 03-04, the fund balance grew and staff made the necessary budget cuts stating that he continued to be committed to a tax decrease. Commissioner Kopp stated that a portion of fund balance is being used to balance the proposed budget and he would like to see the County not use fund balance for operational expenses but only for one-time expenses. Commissioner Pritchett stated that she couldn't support a one-cent tax decrease due to the timing being last minute. The Public Hearings were held with no one from the community coming forward to request a tax decrease. The comments from the community that she has heard have been supportive of the current tax rate and that this is a good budget proposal. Any recommendation for a tax decrease should have come at the beginning of the budget process, not at the last minute. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Caster, to approve the Fiscal Year 2005-2006 Budget Ordinances for New Hanover County with a one-cent tax decrease. Chairman Greer stated that he couldn't support the one-cent tax decrease and feels that the County continues to improve services and budget conservatively. If the Board wants to cut the budget, then the Board needs to initiate the cuts. Commissioner Kopp reported that there are State mandates not included in the proposed budget that the County may need to support including the public defenders office and rising Medicaid costs. The completion of the 800 MHz System is only partially funded in the proposed budget. The State requires the County to maintain an 8% fund balance, the Board voted by resolution to maintain the fund balance at 16.7%, allowing the County to have an excellent credit rating. The proposed budget keeps the County on track. Substitute Motion: Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the Fiscal Year 2005-2006 Budget Ordinances for New Hanover County as presented with the current tax rate. Chairman Greer called for a vote on the substitute motion. Vote: The MOTION CARRIED 3 TO 2. Chairman Greer, Commissioner Kopp and Commissioner Pritchett voted in favor. Chairman Greer reported that the Board is being asked to approve the Fiscal Year 2005-2006 Budget Ordinance NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 348 for the Fire Service District as presented with the current tax rate and asked for a motion from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the Fiscal Year 2005- 2006 Budget Ordinance for the Fire Service District as presented with the current tax rate. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Copies of the Fiscal Year 2005-2006 Budget Ordinances for New Hanover County and the Fire Service District are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 23.4. PUBLIC HEARING ON REFINANCING A PORTION OF THE 1997 CERTIFICATES OF PARTICIPATION CAPITAL PROJECTS AND APPROVAL OF INSTALLMENT FINANCING CONTRACT AMENDMENT AND AUTHORIZATION OF EXECUTION AND DELIVERY OF REFUNDING CERTIFICATES OF PARTICIPATION AND RELATED DOCUMENTS Chairman Greer reported that the Public Hearing is for the purpose of considering whether the Board of Commissioners for the County should approve a proposed installment financing contract amendment between the County and the New Hanover County Financing Corporation and certain related refinancing documents under which the County would refinance a portion of the costs associated with a land acquisition and water/wastewater, library and law enforcement facilities, which were previously financed with an installment financing contract in 1997, all as described in the notice of public hearing that was published on June 9, 2005 in the Wilmington Star-News. Chairman Greer requested Finance Director Bruce Shell to make the Staff presentation. Finance Director Bruce Shell described the refinancing and presented a draft of the Contract Amendment, a draft of the Supplemental Indenture, Number 1 between the Corporation and First-Citizens Bank & Trust Company, as trustee, which authorizes the execution and delivery of2005A Refunding Certificates of Participation and a draft of the Escrow Agreement between the County and First-Citizens Bank & Trust Company, which provides for the advance refunding of a portion of the Certificates of Participation, Series 1997. The refinancing will reduce the principal and interest payments and not increase the length ofthe loan with an estimated total savings of over $1 million depending on interest rates. Chairman Greer requested a motion from the Board to proceed with the Public Hearing on the refinancing ofthe 1997 Certificates of Participation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to proceed with the Public Hearing on the refinancing of the 1997 Certificates of Participation. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer opened the Public Hearing and asked ifthere was anyone in the audience who would like to be heard on the refinancing of the 1997 Certificates of Participation. No comments were presented. Chairman Greer asked the Clerk to the Board Sheila Schult if the Board had received any written comments. Clerk to the Board Sheila 1. Schult reported that no written statements related to this matter had been received. Chairman Greer requested a motion from the Board to proceed with the proposed refinancing of the Facilities and to approve the proposed contract amendment and the related documents as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to proceed with the proposed refinancing of the Facilities and to approve the proposed contract amendment and the related documents as presented. Upon vote, THE MOTION CARRIED UNANIMOUSL Y. Chairman Greer requested a motion from the Board to close the Public Hearing on the refinancing of the 1997 Certificates of Participation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to close the Public Hearing on the refinancing of the 1997 Certificates of Participation. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer requested a motion from the Board to adopt the resolution entitled RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AMENDMENT AND THE REFINANCING OF A PORTION OF THE COSTS ASSOCIATED WITH THE ACQUISITION OF LAND, THE CONSTRUCTION, RENOVATION AND EQUIPPING OF WATER/WASTEWATER, LIBRARY AND LAW ENFORCEMENT FACILITIES AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving an installment financing contract amendment and the refinancing of a portion of the costs associated with the acquisition of land, the construction, renovation and equipping of water/wastewater, library and law enforcement facilities and making certain findings and determinations in connection therewith. Upon vote, THE MOTION CARRIED UNANIMOUSL Y. Chairman Greer reported that the Board is now asked to consider and take action on a resolution that, among NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 349 other things, approves the form of the documents to be entered into in connection with the sale of Refunding Certificates of Participation, Series 2005A, the proceeds of which will be used to effectuate a refinancing of a portion of the installment financing costs related to a land acquisition for school construction and wastewater, landfill, library and law enforcement facilities within the County as described in the notice of public hearing that was published on June 9,2005 in the Wilmington Star-News. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving an installment financing contract amendment to the installment financing contract dated December 1, 1997, between the County and New Hanover County Financing Corporation, the refinancing of a portion of the costs related to certain capital projects financed in 1997, the sale of not more than $14,000,000 refunding certificates of participation, series 2005A and authorizing the execution and delivery of documents in connection therewith. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 23.5. PUBLIC HEARING ON REFINANCING A PORTION OF THE 2001 CERTIFICATES OF PARTICIPATION CAPITAL PROJECTS AND APPROVAL OF INSTALLMENT FINANCING CONTRACT AMENDMENT AND AUTHORIZATION OF EXECUTION AND DELIVERY OF REFUNDING CERTIFICATES OF PARTICIPATION AND RELATED DOCUMENTS Chairman Greer reported that the following public hearing is for the purpose of considering whether the Board of Commissioners should approve a proposed installment financing contract amendment between the County and the New Hanover County Financing Corporation and certain related refinancing documents under which the County would refinance a portion of the costs of certain jail, law enforcement, parking and library facilities which were previously financed with an installment financing contract in 2001, all as described in the notice of public hearing that was published on June 9, 2005 in the Wilmington Star-News. Chairman Greer requested Finance Director Bruce Shell to make the Staff presentation. Finance Director Shell describe the refinancing and presented a draft ofthe Contract Amendment, a draft ofthe Supplemental Indenture, Number 1 between the Corporation and First-Citizens Bank & Trust Company, as trustee, which authorizes the execution and delivery of2005B Refunding Certificates of Participation and a draft ofthe Escrow Agreement between the County and First-Citizens Bank & Trust Company, which provides for the advance refunding of a portion of the Certificates of Participation, Series 2001. The refinancing will reduce the principal and interest payments and not increase the length of the loan with an estimated total savings of over $1 million depending on interest rates. Chairman Greer requested a motion from the Board to proceed with the Public Hearing on the refinancing ofthe 2001 Certificates of Participation. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to proceed with the Public Hearing on the refinancing of the 2001 Certificates of Participation. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer opened the Public Hearing and asked ifthere was anyone in the audience who would like to be heard on the refinancing of the 2001 Certificates of Participation. No comments were presented. Chairman Greer asked the Clerk to the Board Sheila Schult if the Board had received any written comments. Clerk to the Board Sheila 1. Schult reported that no written statements related to this matter had been received. Chairman Greer requested a motion from the Board to proceed with the proposed refinancing of the Facilities and to approve the proposed contract amendment and the related documents as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the proposed refinancing ofthe Facilities and to approve the proposed Contract Amendment and the related documents as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested a motion from the Board to close the Public Hearing on the refinancing of the 2001 Certificates of Participation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to close the Public Hearing on the refinancing of the 2001 Certificates of Participation. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer requested a motion from the Board to adopt the resolution entitled RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AMENDMENT AND THE REFINANCING OF A PORTION OF THE COSTS ASSOCIATED WITH THE CONSTRUCTION, RENOVATION AND EQUIPPING OF JAIL, LAW ENFORCEMENT, PARKING AND LIBRARY FACILITIES AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 350 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution approving an installment financing contract amendment and the refinancing of a portion ofthe costs associated with the construction, renovation and equipping of jail, law enforcement, parking and library facilities and making certain findings and determinations in connection therewith. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reported that the Board is asked to consider and take action on a resolution that, among other things, approves the form of the documents to be entered into in connection with the sale of Refunding Certificates of Participation, Series 2005B, the proceeds of which will be used to effectuate a refinancing of a portion of the installment financing costs related to the acquisition, construction, renovation and equipping of j ail, law enforcement, parking and library facilities of the County as described in the notice of public hearing that was published on June 9, 2005 in the Wilmington Star-News. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to consider taking action on a resolution that, among other things, approves the form of the documents to be entered into in connection with the sale of Refunding Certificates of Participation, Series 2005B, the proceeds of which will be used to effectuate a refinancing of a portion of the installment financing costs related to the acquisition, construction, renovation and equipping of j ail, law enforcement, parking and library facilities ofthe County as described in the notice of public hearing that was published on June 9, 2005 in the Wilmington Star-News. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution approving an installment financing contract amendment to the installment financing contract dated October 1, 2001, between the County and New Hanover County financing corporation, the refinancing of a portion of the costs related to certain capital projects financed in 2001, the sale of not more than $27,000,000, refunding certificates of participation, series 2005B and authorizing the execution and delivery of documents in connection therewith. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIX, Page 23.6. BREAK: Chairman Greer called for a break at 9:56 a.m. until 10:20 a.m. COMMITTEE APPOINTMENTS Appointment to the ABC Board Chairman Greer announced that one vacancy needed to be filled on the ABC Board and a chairman needs to be appointed. He reported that five applications were received and requested nominations from the Board. Vice-Chairman Caster nominated Charles C. Wells to serve a term to begin August 1,2005. No second was received. Vice-Chairman Caster nominated Howard 1. Armistead to extend his current term for thirty days until July 31, 2005. No second was received. Commissioner Kopp nominated Charles C. Wells to serve a three-year term to begin June 30, 2005. Vice- Chairman Caster seconded the nomination. Commissioner Davis nominated Richard V. Hanson. No second was received. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Charles C. Wells. Vote: The Board voted unanimously to appoint Charles C. Wells to serve on the ABC Board with the term to expire on June 30, 2008. Chairman Greer requested nominations for the appointment of a Chairman of the ABC Board from the Commissioners. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to appointDonaldZearfoss to serve as Chairman of the ABC Board with the term to expire on June 30, 2006. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointments to the Airlie Gardens Foundation Board of Directors Chairman Greer announced that two vacancies needed to be filled on the Airlie Gardens Foundation Board of Directors. He reported that seven applications were received and requested nominations from the Board. Commissioner Davis nominated Robert W. Martenis. Vice-Chairman Caster seconded the nomination. Commissioner Davis nominated H. Lee Durham. Commissioner Pritchett seconded the nomination. Vice-Chairman Caster nominated Joyce K. Williams. Chairman Greer seconded the nomination. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 351 Vice-Chairman Caster nominated George William Nail. Chairman Greer seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on the appointment of Robert W. Martenis. Vote: The Board voted 4 to 1 to appoint Robert W. Martenis to serve on Airlie Gardens Foundation Board of Directors with the term to expire on June 30, 2008. Vice-Chairman Caster, Commissioner Davis, Commissioner Kopp and Commissioner Pritchett voted in favor. Chairman Greer called for a vote on the appointment of H. Lee Durham. Vote: The Board voted 2 to 3 to appoint H. Lee Durham to serve on Airlie Gardens Foundation Board of Directors. Commissioner Davis and Commissioner Pritchett voted in favor. Chairman Greer called for a vote on the appointment of Joyce K. Williams. Vote: The Board voted 1 to 4 to appoint Joyce K. Williams to serve on Airlie Gardens Foundation Board of Directors. Chairman Greer voted in favor. Chairman Greer called for a vote on the appointment of George William Nail. Vote: The Board voted 3 to 2 to appoint George William Nail to serve on Airlie Gardens Foundation Board of Directors with the term to expire on June 30, 2008. Chairman Greer, Vice-Chairman Caster and Commissioner Kopp voted in favor. Appointments to the Airport Authority Chairman Greer announced that two vacancies needed to be filled on the Airport Authority. He reported that eighteen applications were received and requested nominations from the Board. Commissioner Pritchett nominated William D. Bryden. No second was received. Commissioner Kopp nominated Charles Richard Kays. Vice-Chairman Caster seconded the nomination. Vice-Chairman Caster nominated Thomas C. Barber, II. Commissioner Davis seconded the nomination. Commissioner Pritchett nominated James (Monte) Coughlin. No second was received. Commissioner Davis nominated John D. Lennon. Commissioner Kopp seconded the nomination. Chairman Greer nominated Walter R. Conlogue. No second was received. Chairman Greer nominated Robert A. O'Quinn. 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 Thomas C. Barber, II. Vote: The Board voted 2 to 3 to appoint Thomas C. Barber, II to serve on the Airport Authority. Vice-Chairman Caster and Commissioner Pritchett voted in favor. Chairman Greer called for a vote on the appointment of Charles Richard Kays. Vote: The Board voted unanimously to appoint Charles Richard Kays to serve on the Airport Authority with the term to expire on July 1,2009. Chairman Greer called for a vote on the appointment of John D. Lennon. Vote: The Board voted 3 to 2 to appoint John D. Lennon to serve on the Airport Authority with the term to expire on July 1,2009. Commissioner Davis and Commissioner Kopp voted in favor. Chairman Greer called for a vote on the appointment of Robert A. O'Quinn. Vote: The Board voted 1 to 4 to appoint Robert A. O'Quinn to serve on the Airport Authority. Chairman Greer voted in favor. Chairman Greer called for a vote on Thomas C. Barber and John D. Lennon, due to a tie vote. Vote: The Board voted 2 to 3 to appoint Thomas C. Barber, II to serve on the Airport Authority. Vice-Chairman Caster and Commissioner Pritchett voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 352 Vote: The Board voted 2 to 3 to appoint John D. Lennon to serve on the Airport Authority. Chairman Greer, Commissioner Davis and Commissioner Kopp voted in favor. Appointment to the Cape Fear Community College Board of Trustees Chairman Greer announced that one vacancy needed to be filled on the Cape Fear Community College Board of Trustees. He reported that five applications were received with Commissioner Ted Davis, Jr., being eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Ted Davis, Jr. to serve on the Cape Fear Community College Board of Trustees with the term to expire on June 30, 2009. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointment to the Cape Fear Museum Advisory Board Chairman Greer announced that five vacancies needed to be filled on the Cape Fear Museum Advisory Board with Scott Brooks, Don W. Fishero, and William H. Terrell being eligible for reappointment. He reported that five applications were received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Scott Brooks, Don W. Fishero, and William H. Terrell to serve on the Cape Fear Museum Advisory Board with the terms to expire on June 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Dean R. Gattone and Donald Patience to serve on the Cape Fear Museum Advisory Board with the terms to expire on June 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointments to the Board of Fire Commissioners Chairman Greer announced that two vacancies in the At-Large Community Representatives category and two vacancies in the At-Large Volunteer Fire Department Representatives category needed to be filled on the Board of Fire Commissioners with S. Lawrence Crawley Jr. and Diane P. Doliber being eligible for reappointment in the At-Large Community Representative category and Arthur David Raines being eligible for reappointment in the At-Large Volunteer Fire Department Representative category. He reported that eight applications were received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint S. Lawrence Crawley Jr. and Diane P. Doliber in the At-Large Community Representative category with the terms to expire on July 1,2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to reappoint Arthur David Raines in the At- Large Volunteer Fire Department Representative category with the term to expire on July 1,2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Alex B. Stanland in the At-Large Volunteer Fire Department Representative category with the term to expire on July 1,2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointment to the Industrial Facilities and Pollution Control Financing Authority Chairman Greer announced that one vacancy needed to be filled on the Industrial Facilities and Pollution Control Financing Authority. He reported that one application was received and requested nominations from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to appoint Kurt Taube to fill the un- expired term ending February 22, 2009, on the Industrial Facilities and Pollution Control Financing Authority. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointments to the Nursing Home Community Advisory Committee Chairman Greer announced that three vacancies needed to be filled on the Nursing Home Community Advisory Committee. He reported that two applications were received and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint John E. Brett and Nancy 1. Ferguson to serve on the Nursing Home Community Advisory Committee with the terms to expire on June 30, 2006. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Appointment to the Parks and Recreation Advisory Board Chairman Greer announced that two vacancies needed to be filled on the P arks and Recreation Advisory Board. He reported that one application was received with Nikki Speck Howard being eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Nikki Speck Howard to serve on the Parks and Recreation Advisory Board with the term to expire on June 30, 2008 and directed the Clerk to the Board to re-advertise for the vacancy. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 353 Appointment to the Social Services Board Chairman Greer announced that one vacancy needed to be filled on the Social Services Board. He reported that three applications were received with Ann Pitts being eligible for reappointment and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to reappoint Ann Pitts to serve on the Social Services Board with the term to expire on June 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSL Y. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 10:45 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11:49 p.m. CONSIDERA TION OF PROPOSED WATER AND SEWER CHARGES Chairman Greer reported that in the meeting of the Water and Sewer District, the Board discussed changes in the water use charges. The change increases the charges for water usage based on per 1,000 gallons of usage. These changes result in an approximate 5% increase in water rates generating approximately $81,000 in additional water revenues for the upcoming FY05-06 budget. Article II. Water Service, Fee Schedule, Appendix B. S 56-37(b)(3)(a). Water usage charges: Change Table as follows: Gallons, per 1,000 gallons 0-45,000 45,000 - 562,500 Over 562,500 Current Charge ~ ~ ~ Proposed Charge $1.70 $1.45 $1.20 Chairman Greer requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the ordinance reflecting changes in the water user charges Article II - Water Service, Fee Schedule, Appendix B. S 56-37(b)(3)(a). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 23.7. The ordinance will be codified into the New Hanover County Code. BREAK: Chairman Greer called for a break at 11 :50 a.m. until 12:01 p.m. ADDITIONAL ITEMS Items Presented by County Manager Allen O'Neal County Manager 0 'Neal announced that a budget amendment was needed to budget additional funds received by the Library from the State Aid to Public Libraries grant. Chairman Greer requested a motion for approval. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the budget amendment for additional funds received by the Library from the State Aid to Public Libraries grant. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Approval of Budget Amendment #05-0260 - Library Budget Amendment #05-0260 - Library Adiustment Debit Credit Library: Aid to Public Library Grant Departmental Supplies $883 $883 Explanation: To budget additional State Aid to Public Libraries grant increased from $190,061 to $190,944. CONSIDERA TION OF A RESOLUTION TO SUPPORT INCREASING THE TAX ON CIGARAETTES WITH A SUBSTANTIAL PORTION OF THE TAX TO BE USED TO BEGIN PHASE-OUT OF COUNTY CONTRIBUTIONS TO FUND MEDICAID COSTS County Manager 0 'Neal reported that the North Carolina Association of County Commissioners is working to provide greater Medicaid relief to the counties and has requested the counties consider a resolution that would support NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 20, 2005 BOOK 30 PAGE 354 increasing the tax on cigarettes with a substantial portion of the tax to be used to begin phase-out of county contributions to fund Medicaid costs. It is estimated such action could reduce the Medicaid burden on the county by $5.4 million over five years. Chairman Greer asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to direct staffto draft a resolution for the Chairman's signature urging the General Assembly of North Carolina to use available revenue options to begin a phase-out of county contributions to fund Medicaid costs. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy ofthe resolution is hereby incorporated as a part ofthe minutes and is contained in Exhibit Book XXIX, Page 23.8. Item Presented by County Manager O'Neal County Manager O'Neal reported that New Hanover County is the recipient of the National Association of Counties 2005 Achievement Award for its program Constructed Wetlandfor the Treatment of Landfill Leachate. The award will be presented in July at their annual conference. Items Presented by Commissioner Kopp Commissioner Kopp reported that he attended the very informative American Waterworks Association Annual Conference and the forum dealing with traffic issues in the County. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: The TDA meeting, Legion Stadium Commission, MedacIDelaney Radiologists Porters Neck Grand Opening, Junior League, Lower Cape Fear Water & Sewer, DSS Board meeting, Founding Father's Campaign, and toured the sand quarry with Jason Thompson. Items Presented by Commissioner Pritchett Commissioner Pritchett reported that she attended the very informative National Youth Gang Symposium. Items Presented by Commissioner Davis Commissioner Davis stated his concern on the traffic congestion within the County and requested Staff to research the possibility of an ordinance to temporarily stop major residential and commercial developments affecting the traffic patterns on Market Street, particularly in the Ogden and Porters Neck area, and that this item be placed on the agenda as soon as is possible. ELECTION OF BOARD OF DIRECTORS FOR THE NEW HANOVER COUNTY FINANCING CORPORATION Deputy County Attorney Kemp Burpeau reported that in 1997, the New Hanover County Financing Corporation was formed under the North Carolina Non-Profit Corporation Act, to assist the County in the financing of the purchase of essential real property, the construction of essential improvements and the purchase of essential personal property. The Board needs to re-appoint the three Directors of the current board ofthe New Hanover County Financing Corporation effective June 20, 2005. The current directors are: Allen O'Neal, Bruce Shell and Robert Greer. The Board also needs to ratify the prior terms of the directors through and from 2004. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Chairman Greer, County Manager O'Neal and Finance Director Bruce Shell to serve as directors of the New Hanover County Financing Corporation and to ratify the prior terms of the directors through and from 2004. Upon vote, the MOTION CARRIED UNANIMOUSL Y. 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. No items were presented. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 12:30 p.m. Respectfully submitted, Sheila 1. Schult Clerk to the Board