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HomeMy WebLinkAbout2007-11-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 248 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 19, 2007, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Carl A. Byrd, Sr., Director of the Human Relations Commission gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing none, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Greer 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 from the following meetings as presented by the Clerk to the Board: Board of Equalization and Review meeting held on October 30, 2007 Regular Session meeting held on November 5, 2007 Closed Session meeting held on November 5, 2007 Adoption of Resolution to Add Alamosa Drive, Bloomsbury Court, Bradfield Court, Hydon Court, Barnsley Court, Grayswood Court, Ivergordon Court, Brodock Court, Oban Court, Tenby Court, Hawes Court, Sapling Circle, Wrexham Court, Lemming Court, Ashby Drive, Larne Court, and Newry Lane in Alamosa Place Subdivision (sections 2, 2A, 3, 3A, 3B and 3C) and Yellow Bell Road, Weimaraner Court, Dog Whistle Lane, and Retriever Drive in Quail Woods Subdivision (section 16) to the State Highway System The Commissioners adopted the resolution to addAlamosa Drive, Bloomsbury Court, Bradfield Court, Hydon Court, Barnsley Court, Grayswood Court, Ivergordon Court, Brodock Court, Oban Court, Tenby Court, Hawes Court, Sapling Circle, Wrexham Court, Lemming Court, Ashby Drive, Larne Court, and Newry Lane in Alamosa Place Subdivision (sections 2, 2A, 3, 3A, 3B and 3C) (Div. File No: 1103-N) and Yellow Bell Road, Weimaraner Court, Dog Whistle Lane, and Retriever Drive in Quail Woods Subdivision (section 16) (Div. File No: 1097-N) Copies of the resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 34.1. Adoption of Resolution Awarding RFP 08-0098R and Contract 08-0098R to Interim HealthCare of the Eastern Carolinas, Incorporated ? Department of Aging The Commissioners adopted the resolution awarding RFP 08-0098R and contract 08-0098R to Interim HealthCare of the Eastern Carolina, Incorporated, to provide In-Home Aide Services for the Department of Aging and authorized staff to execute the contract. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 34.2. Adoption of Resolution Declaring New Hanover County's Intent to Reimburse Itself with Financing Proceeds and Adoption of Budget Ordinance Amendment 08-090 ? Finance Department The Commissioners, pursuant to Section 1.150-2 of the Treasury Regulations, adopted the resolution declaring the official intent of the County to expend its own funds for the purpose of paying the costs of acquiring a front end loader to be used at the landfill for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred in the principal amount of $143,970 and adopted budget ordinance amendment 08-090 in the amount of $143,970. A copy of the resolution and budget ordinance amendment are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 34.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 249 Approval of Mixed Colored Glass Tip Fee and Elimination of Cardboard Tip Fee ? Environmental Management The Commissioners, on behalf of Environmental Management, approved the mixed colored glass tip fee in the amount of $18 per ton and eliminated the cardboard tip fee in the amount of $24 per ton. The change is due to House Bill 1518, effective January 1, 2008, requiring restaurants and bars to recycle all glass bottles. Cardboard is a commodity that has a cash value to the county in the amount of approximately $100 per ton. By eliminating the tip fee, there is a potential to increase the amount of cardboard delivered to the facility by businesses. Recycling mixed colored glass is an expense to the county. Approval to Transfer a Program Assistant Position to Access III of the Lower Cape Fear, Incorporated and Adoption of Budget Ordinance Amendment 08-092 ? Health Department The Commissioners approved the transfer of a Program Assistant Position from the Health Department to Access III of the Lower Cape Fear, Incorporated and adopted budget ordinance amendment 08-092. The current funding source for this position, Division of Medical Assistance, has approved this arrangement. The position would continue to work with Health Department staff and clients, while being employed by Access III. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 34.4. Authorization to Submit a Grant Application to the North Carolina Department of Health and Human Services, Division of Public Health Asthma Program - Health Department The Commissioners authorized the Health Department to submit a grant application to the North Carolina Department of Health and Human Services, Division of Public Health Asthma Program in the amount of $18,000. If awarded, the funds will be used to fund the salary of a Project Assist Coordinator. No local match is required. Acceptance of Grant Funds from the Office of Justice Programs and Adoption of Budget Ordinance Amendment 08-088 ? Sheriff?s Office The Commissioners, on behalf of the Sheriff?s Office, accepted grant funds from the Office of Justice Programs in the amount of $39,910.18 and adopted budget ordinance amendment 08-088 in the amount of $39,911. The grant award is a 50-50 grant with a local match in the amount of $39,910.18. The funds will be used to purchase bulletproof vests. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 34.5. Approval of Release of Tax Values ? Tax Department The Commissioners granted the following taxpayers the Senior Citizen/Disability Exclusion: Airheart, Lynn C. John Michael $81,760 Capone, Mary C. 83,985 Franks, Harrell 97,398 Grathwol, Margaret R. 93,559 Mills, John H. 20,000 Wallace, E. M. Etux. 59,718 Wiggins, Otis K. Jeanean Etal 63,234 The Commissioners granted the following taxpayer be released from the following late list penalty: Christopher F. H. $3.60 Approval of Budget Amendment ? Budget Department The Commissioners adopted the following budget ordinance amendments: 08-072 - Health Department 08-085 - Criminal Justice Partnership Program 08-086 - Department of Social Services 08-087 - Health Department 08-089 - Sheriff's Office 2008-56 - Sheriff's Office 2008-57 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXX, Page 34.6. REGULAR AGENDA PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Shell requested the following retired employees to step forward to receive their retirement award: Harold Lowdermilk, Parks Department -14 Years of Service Annie Stalling, Register of Deeds - 31 Years of Service William Parker, III, Sheriff's Office - 13 Years of Service NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 250 On behalf of the Board, Chairman Caster presented the retirement awards and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Linda Thomas - Social Services Maria Turnley - Health Department David Haste - Sheriff's Office Josh Botbol - Sheriff?s Office Matthew Partin - Sheriff?s Office Ten Year: Brian Evers - Sheriff's Office David Rice - Health Department Ten Year: James Brown - Sheriff's Office Twenty Year: Marlene Carney - Human Resources Sharon Walters - Library On behalf of the Board, Chairman Caster presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager Shell requested the following new employees to stand and be introduced: Elizabeth Schrader Budget Department Wanda Faircloth Environmental Management Cory Turner Environmental Management Erica Peterson Health Department Jennifer Geary Health Department Catherine McEntee Health Department June Huffman Health Department Melissa Lombardi Health Department LaRue Fuller Health Department Charles Peplow Inspections Department John Davis Property Management Shirley Davis Property Management Anthony Smith Property Management Gwendolyn Williams Social Services Emily DeAndrade Social Services Aimee Kidd Social Services Arlease Hill Social Services On behalf of the Board, Chairman Caster welcomed the new employees to County Government and wished them success in their new positions. RECOGNITION OF COUNTY STAFF County Manager Bruce Shell recognized New Hanover County employees Ray Church, Ed Hilton, Barry Johnson, John Hubbard, and Dottie Spruill for their excellence and attention to detail for expenses related to the September 1996 Hurricane Fran event. After the close-out of eligible expenses to FEMA, New Hanover County was informed that the Office of Inspector General would be performing an audit. The employees found numerous errors in the approach the Office of Inspector General auditor took in arriving at his decision that the county owed over $596,000 back and appealed the decision. New Hanover County has received notification that the landfill de-obligation has been overturned and the county is not required to repay any funds related to Hurricane Fran. On behalf of the Board, Chairman Caster thanked the employees for their determination and diligence. AWARD PRESENTATION HARDCORE WARRIOR PROCLAMATION Retired United States Marine Corps Colonel Paul O?Toole, on behalf of the Military Retiree Council at Camp LeJeune, read and presented the Hardcore Warrior Proclamation award to Don Blake. The award recognizes Mr. Blake for his service during WWII, the Korean War, and the Vietnam War. The Military Retiree Council conducted a survey and determined there are only twenty-nine persons in the area who qualify for such recognition, and know of no others in New Hanover County. Chairman Caster reported that Mr. Blake served as a New Hanover County Commissioner from December 1980 ? December 1984 and served on the Board of Health from December 1984 ? December 1991 and then again from December 2002 to the present. Chairman Caster introduced Mr. Blake?s wife, Catherine and granddaughter Casey. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 251 Mr. Blake accepted the Hardcore Warrior Proclamation award on behalf of those who served in WWII, the Korean War, and the Vietnam War and thanked the Board for the recognition. RECOGNITION OF 2006 POP WARNER FOOTBALL NATIONAL VOLUNTEER OF THE YEAR Parks Director Neal Lewis reported that Randy Wilson has been selected as the National 2006 Volunteer of the Year for Pop Warner Football. The recognition is based on his volunteer work as a leader in the Coastal Pop Warner program here in New Hanover County. The Coastal Pop Warner program is based out of Ogden Park, where most of their games are played. On behalf of the Board, Chairman Caster recognized Mr. Wilson on his achievement. Mr. Wilson thanked the Board for the recognition. HIGHWAY 17 ASSOCIATION PRESENTATION Marc Finlayson, Executive Director of the Highway 17 Association, stated that it is the mission of the Highway 17 Association to assure, through collective action and constancy of purpose, that the inclusion and funding of all unfunded portions of the US Highway 17 corridor shall be part of the NC Department of Transportation?s 2009 Transportation Improvement Plan. The Highway 17 Association will accomplish its mission by: ? Protecting Highway 17 projects now fully funded in the Transportation Improvement Plan. ? Being regional in vision and scope and not advancing one local project at the expense of another. ? Anticipating and resolving local issues and concerns, and facilitating solutions where local conflicts exist. ? Helping the NCDOT solve problems in planning, design, right-of-way acquisition and construction, in order to advance Highway 17 projects. ? Being an active partner with Federal, State, regional and local stakeholders who share an interest in the completion of a fully controlled access, four-lane Highway 17 from Virginia to South Carolina with approximately 55 miles remaining. On behalf of the Board, Chairman Caster thanked Mr. Finlayson for the presentation. JOINT EMERGENCY SERVICES TRAINING FACILITY UPDATE AND APPOINTMENT OF DEPUTY CHIEF CLIFF ROBINSON TO THE SAFETY TRAINING CENTER ADVISORY COMMITTEE Senior Project Manager Max Maxwell reported that the City of Wilmington, Cape Fear Community College and New Hanover County have partnered to help improve training for emergency services agencies within the region and presented an overview of the current status of the project. In July 2007, D.S. Simmons began construction on the Public Safety Training Center with construction progress clearly visible from Interstate 40 on the north campus of Cape Fear Community College as the project nears the half way stage. The original appointments by the County to the Safety Training Center Advisory Committee were Assistant County Manager Dave Weaver and County Fire Chief Donnie Hall. As the role of the Advisory Committee transitions from the construction phase to the operation phase, staff is requesting the realignment of the advisory board for operation procedure development and recommends the appointment of Deputy Chief Cliff Robinson to this position. Deputy Fire Chief of Logistics Frank Meyer answered questions from the Board. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Deputy Chief Cliff Robinson to the Safety Training Center Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTIONS APPROVING THE FIRE INSURANCE DISTRICT RE-ALIGNMENT FOR OGDEN FIRE-RESCUE AND WRIGHTSBORO VOLUNTEER FIRE-RESCUE Deputy Fire Chief of Operations Matt Davis reported that the North Carolina Department of Insurance requires the realignment of the Ogden and Wrightsboro Fire Districts to include any property remaining from the closing of Winter Park Volunteer Fire Department and Seagate Volunteer Fire Department. The change does not affect any property's insurance rating. An additional realignment will be necessary with the formation of the New Hanover County Fire Department Station 52 at Murrayville. Staff is requesting the Board adopt the resolutions approving the Fire Insurance District Re-alignment for Ogden Fire-Rescue and Wrightsboro Volunteer Fire-Rescue. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolutions approving the Fire Insurance District Re-alignment for Ogden Fire-Rescue and Wrightsboro Volunteer Fire-Rescue. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 252 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 34.7. ADOPTION OF RESOLUTION APPROVING THE PURCHASE OF PROPERTY FOR LANDFILL EXPANSION Environmental Management Director John Hubbard reported that staff is requesting to purchase land to provide a location to construct a landfill office building/maintenance garage, parking area, portions of re-located convenience drop-off site and eventual location of a permanent household hazardous waste collection site. The current office building/garage is located on a portion of the southern property in an area where, if used as landfill space, would significantly extend the life of the landfill facility. Staff has begun the permitting process for this property and anticipates the property will be fully developed into space suitable for waste disposal in approximately seven years, when the currently permitted space is full. Relocation of the current office building/garage and conversion to landfill space will add approximately 3,575,000 cubic yards of airspace to the site and an additional ten years of life expectancy. The total additional revenue over the life of the expansion is estimated to be at least $90 million. The two properties that were considered are: ? Invista property ? 12 acres of property at a price of $50,000 per acre. The property is adjacent to the landfill's southern property and has no direct access to Highway 421. While the price of the property is significantly lower, the location would place administration offices and customer services areas far from the landfill entrance and the scale house. Relocation of the office building/garage onto this property will isolate the infrastructure from the scale house, customers, and other daily operations. In addition, a long road would need to be constructed in order to get to the building thus increasing the project?s cost. ? Atlantic Brokerage property ? 3.85 acres of property at a price of $100,000 per acre. The property is located on Highway 421 and adjacent to the southern property boundary of the landfill main entrance. This site will allow landfill administration offices and customer service areas to be relocated close to the landfill entrance and scale house to provide operations oversight, support for the weighmasters, and customer service. Staff is requesting the Board adopt the resolution approving the purchase of 3.85 acres of property through Atlantic Brokerage (Parcel R02300-001-018-000) in the amount of $385,000 and budget ordinance amendment 08- 019 in the amount of $385,000. Tax Administrator Bob Glasgow reported that he estimates the Invista property tax value to be between $35,000 and $40,000 per acre. The Atlantic Brokerage property was assigned a tax value of $66,000, but due to an error made in the calculation not taking into account the road frontage, the value should be approximately $20,000 more. In response to Board questions, Finance Director Avril Pinder clarified that the County will reimburse the General fund from the Environmental Management Fund fund balance and that the proposed budget amendment ordinance will be amended to reflect that stipulation. After Board discussion noting the additional revenue that the landfill expansion represents, the comparison of the properties that the use of the Invista property will include the added expense of building a road, Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution approving the purchase of 3.85 acres of property (Parcel R02300-001-018-000) through Atlantic Brokerage in the amount of $385,000 and budget ordinance amendment 08-019 in the amount of $385,000 stipulating that the County will reimburse the General fund from the Environmental Management Fund fund balance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and budget ordinance amendment are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 34.8. BREAK Chairman Caster called for a break from 10:19 a.m. until 10:29 a.m. ADOPTION OF RESOLUTION APPROVING PROPERTY ACQUISITION OF BLUE CLAY ROAD AND BUDGET ORDINANCE AMENDMENT 2008-59 County Manager Bruce Shell reported that two tracts of approximately 97.82 acres adjacent to the County Jail are available for $5,380,100 for future jail expansion and judicial satellite facilities. The parcels are owned by Paul G. Burton and Burton Steel Company. To hold the property until the Board could consider the acquisition, the County Manager has entered into an agreement with $1,000 earnest money, fully refundable, in the event the Board elects not to proceed. Commissioner Davis asked why the jail facility cannot be expanded on the existing property and if there were other uses for the property in response to the growth in the northern portion of the county. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 253 In response to questions by Commissioner Davis, Senior Project Manager Max Maxwell presented the following information: ? The jail facility is built on mitigated wetlands area and there is a limitation on future expansion. ? The current infrastructure can handle 1,000 beds; currently there are 648 beds; an additional twenty-five beds will be made available soon due to modifications to the existing facility; bringing the total number of beds close to 700. ? There is room for a small expansion on the current facility to bring the number of beds to 1,000. ? The Burton property is wide-open and buildable and offers future expansion opportunities. ? The proposed property will be available to address the growth needs in the northern portion of the county for uses such as a fire station, library, passive park area and many other uses. Commissioner Kopp clarified that the current modifications will expand the general population housing by twenty-five beds but that the population is broken out by age, sex, seriousness of offense and other criteria and the proposed property is looking ahead for expansion beyond the 1,000 beds. Chairman Caster noted that the pre-trial release program monitors over 200 persons that would otherwise potentially be in the jail facility. Commissioner Kopp reported that the 287G Federal Program dealing with the immigration issue could also result in the need for additional space. In response to questions by Commissioner Kopp, Tax Administrator Bob Glasgow reported that large acre parcels are valued utilizing a descending value factor. The proposed property has a descending tax value of $1.2 million. The larger the parcel the less the per acre tax value will be. The proposed property has an average tax value of $12,000 per acre but actual sales for the area supports a sales price of between $45,000 and $55,000. In response to Board questions, County Manager Shell reported that the property is for sale as whole, not in portions, and that all will be needed for future growth. The State has approached staff with potentially expanding the Juvenile Center and adding a jail facility. There is a 67.19 acre track of property owned by Nathan Sanders which is zoned for residential development. The price for this property is substantially higher and contains wetlands. There is also the concern of expanding the jail to adjoin a residential development. The Burton property is not adjoining residential development. In response to Board questions, Deputy County Attorney Kemp Burpeau explained that the buy-sell agreement would be executed today for the purchase of approximately 97.82 acres of property in the amount of $5,380,100 with a proposed closing on or before January 31, 2008. Such agreement is contingent upon the usual conditions of an acceptable environmental and boundary survey and good title. Earnest money in the amount of $10,000 is to be paid to the seller's agent, with a $1,000 credit for the deposit already paid by the County Manager. In response to Board questions, Finance Director Avril Pinder clarified the following: ? The proposed budget amendment ordinance is needed for application to the Local Government Commission. ? Based on a fixed interest rate of 4%, the impact of financing $5.3 million for twenty years, the estimated declining payment at the highest year will be in the amount of $505,000. th ? The impact on the tax rate at the highest year will be 1/7 of a cent. ? The payment decreases as well as the affect on the tax rate over time. ? At present the county is earning 5.5% interest on investments; with the conservative estimate of a 4% interest rate, it is estimated that the revenue interest of 1.5% will be generated in the General Fund. Commissioner Pritchett stated that she would like to see the request approved with the stipulation that space be reserved for a fire station. Vice-Chairman Greer stated that he felt it was premature to reserve space for a future fire station because it may not be needed in this specific area. Senior Project Manager Maxwell stated that Fire Chief Hall has indicated that he would like to have a fire station in this area adding that Blue Clay Farms is considering donating a portion of their property for a fire station. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving the Buy-Sell Agreement for the purchase of approximately 97.82 acres of property (Tax parcel numbers R02600- 002-005-003 and R02600-002-005-000) in the amount of $5,380,100, budget ordinance amendment #2008-59 and the stipulation that space be reserved for a future fire station. Upon vote, the MOTION CARRIED 4 TO 1. Vice- Chairman Greer voted in opposition. A copy of the resolution and budget ordinance amendment are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 34.9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 254 A copy of the buy-sell agreement is on file in the Legal Department. ADOPTION OF RESOLUTION APPROVING THE WATER AND SEWER AUTHORITY INTERLOCAL AGREEMENT TRANSFERRING NEW HANOVER COUNTY ASSETS AND OPERATION OF THE WATER AND SEWER SYSTEM TO THE CAPE FEAR PUBLIC UTILITY AUTHORITY Chairman Caster reported that the Cape Fear Public Utility Authority, at their meeting last week, approved the Interlocal Agreement between New Hanover County, New Hanover County Water and Sewer District, City of Wilmington and the Cape Fear Public Utility Authority. The Wilmington City Council will consider the Interlocal Agreement at their meeting on November 21, 2007. Assistant County Manager Dave Weaver reported that the proposed Interlocal Agreement, between New Hanover County, New Hanover County Water and Sewer District, City of Wilmington and the Cape Fear Public Utility Authority is a closing document transferring title of the water and sewer system and enterprise funds to the Cape Fear Public Utility Authority and setting forth operation arrangements with a closing date of July 1, 2008. The agreement addresses various representations and warranties by the localities and the Authority. The guiding principles previously established by the City and County are set forth in the preamble. Various attachments to the agreement are in the process of being completed, and the Board is asked to consider approval of this agreement at this time and authorize and direct the County?s Attorney with the assistance of the Chairman of the Board of County Commissioners and County Manager to complete the exhibits. In response to a question by Commissioner Pritchett, Assistant County Manager Weaver clarified that Fire Services will continue to add fire hydrants as the pressure becomes available on existing lines. Commissioner Kopp reported that his concerns on the following issues have been addressed: ? Condemnation powers - the Authority is made up of two elected officials from the City of Wilmington and two elected officials from the County for a total of four elected officials to help the Authority in addressing condemnation issues. ? Capacity issues - language in the Interlocal Agreement addresses and secures the capacity for the District and City going forward. If there is sufficient capacity the Authority will be able to address needs elsewhere. ? Highway 421 Corridor project ? the project will require new capacity and has nothing to do with the water systems that are currently in the county; nor the Southside or Northside plants. Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution approving the Water and Sewer Authority Interlocal Agreement transferring title of the water and sewer system and enterprise funds from New Hanover County to the Cape Fear Public Utility Authority and setting forth operation arrangements. 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 XXX, Page 34.10. A copy of the interlocal agreement is on file in the Legal Department. APPROVAL OF MASON?S INLET RELOCATION PROJECT MAINTENANCE EVENT AND CONTRACT 08-0244 Assistant County Manager Dave Weaver reported that the Figure 8 Beach Homeowner's Association has agreed to undertake the current Mason's Inlet Relocation Project maintenance event, at its cost and expense. The maintenance is conducted under the Federal and State permits secured by the County for management of the Relocation Project. The Association will engage a contractor to dredge Mason's Creek, Mason's Inlet Channel Corridor and the Intracoastal Waterway at the mouth of Mason's Creek. The Association will retain the dredged sand and not be subject to assessment for the sand. The work is to begin in December and completed on or before April 1, 2008. Staff is requesting the Board approve the contract setting forth these arrangements in contract 08- 0244. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve contract 08-0244 setting forth the arrangements with the Figure 8 Beach Homeowners? Association for the Mason?s Inlet Relocation Project Maintenance Event. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF CONTRACT RENEWAL FOR THE ENGINEERING AND SURVEYING SERVICES ASSOCIATED WITH THE MASON INLET PROJECT Assistant County Manager Dave Weaver reported that in April of 2002, New Hanover County completed the relocation of Mason Inlet to a location approximately 3,000 feet north of the Shell Island Resort located at Wrightsville Beach. The Project was permitted by the US Army Corps of Engineers for a period of thirty years and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 255 as a condition of the permit, monitoring, management, and maintenance of Mason Inlet, Mason Creek and the Atlantic Intracoastal Waterway are required. The engineering and surveying responsibilities associated with management of the project are highly specialized. The County has been fortunate to have developed a strong working relationship with an engineer who has been working on the project since the beginning. Chris Gibson, Gahagan & Bryant Engineers, has been responsible for the professional obligations associated with the permit conditions from April 2002 to the present. The contract which covered that period of time has now expired and renewal is now required. The proposed contract for professional services covers the period of time from October 2007 to September 2012. The services required are broken out by year and each year has been further defined by task for the services required. The engineering services for potential maintenance events have been included in the breakdown within years that maintenance events are anticipated. The proposal is structured such that should specific services not be necessary in any given year, the County will not be charged for that service. With the Board?s approval of contract 08-0244 with the Figure 8 Beach Homeowners? Association for the Mason?s Inlet Relocation Project Maintenance Event, the Construction Management Team expense for $100,000 in Year Six will not be required. The contract amounts will be paid by the County using the appropriate Room Occupancy Tax funds and repaid through special assessment. Staff is requesting the Board approve the contract with Gahagan & Bryant Engineers in the amount of $873,646 for the professional services associated with the Mason Inlet Project for the period October 2007 to September 2012. Frank Pinkston, representing the Mason Inlet Preservation Group, stated that they support the county?s approval of contracting with Figure 8 Beach Homeowners? Association for the Mason?s Inlet Relocation Project Maintenance Event. He reported that representatives from the Mason Inlet Preservation Group are in the process of reviewing past financial data and have concerns that need to be addressed before proceeding with another contract. He requested that they have more involvement in the terms of the contract. Mr. Pinkston requested: ? Years two and five of the proposed contract be held in advance until the review of the requirements with the Army Corps of Engineers is completed. ? Removal of Year Six contract line item for Construction Management Team in the amount of $100,000. ? The Mason Inlet Preservation Group be provided all future invoices for review and endorsement before payment. Chairman Caster stated that it is ultimately the County?s responsibility to oversee the contract terms and requested staff to formalize the working process with the Mason Inlet Preservation Group in writing with a copy to the Commissioners. Chairman Caster requested direction from the Board. Chris Gibson, Gahagan & Bryant Engineers, stated that with the Figure 8 Beach Homeowners? Association agreeing to undertake the Mason?s Inlet Relocation Project Maintenance Event, the line item for Construction Management Team expense in the amount of $100,000 in Year Six will not be required and can be removed from the contract for a new contract amount not more than $773,646. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the contract with Gahagan & Bryant Engineers in the amount not more than $773,646 for the professional services associated with the Mason Inlet Project for the period October 2007 to September 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF TAX DEPARTMENT BUSINESS ANALYST POSITION County Manager Bruce Shell and Tax Administrator Bob Glasgow reported that the conversion of the Tax Department to the new Financial Software has been a complex process. The requested position will work with the Information Technology Department to coordinate the continued development and enhancement of the software to meet the needs of the Tax Department andthe municipalities the Tax Department provides services to. The position will be needed on a permanent basis to do quality control checks, data base queries and financial analysis. The estimated annual cost of the position will be $58,776. There are sufficient funds in the Tax Department budget to fund the position for the remainder of this fiscal year. Staff is requesting the Board approve the Tax Department Business Analyst Position. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the Tax Department Business Analyst Position. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 256 COMMITTEE APPOINTMENTS Appointments to the Criminal Justice Partnership Advisory Board Chairman Caster reported that vacancies exist on the Criminal Justice Partnership Advisory Board with one applicant eligible for reappointment and one applicant desiring reappointment to a third term in the At-Large Representative category and requested direction from the Board. Vacancies have been advertised for three months with no new applications having been received, staff will continue to advertise vacancies. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to reappoint George E. Tilley to serve a three-year term in the Victim of Crime category on the Criminal Justice Partnership Advisory Board with the term to expire on September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Chairman Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Frankie Roberts to serve a three-year term in the At-Large Representative category on the Criminal Justice Partnership Advisory Board with the term to expire on September 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Industrial Facilities and Pollution Control Financing Authority Chairman Caster reported that one vacancy needs to be filled on the Industrial Facilities and Pollution Control Financing Authority with one application available for consideration and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint William A. Oden, III to serve the unexpired term on the Industrial Facilities and Pollution Control Financing Authority with the term to expire on February 22, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Plumbing Board of Examiners Chairman Caster reported that one vacancy needs to be filled on the Plumbing Board of Examiners with one applicant eligible for reappointment and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to reappoint Ernest C. Skipper to a three year term on the Plumbing Board of Examiners with the term to expire on December 1, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Caster reported that four vacancies need to be filled on the Zoning Board of Adjustment with one applicant eligible for reappointment and four applications available for consideration and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to reappoint Tim Fuller to a three year term as an alternate member on the Zoning Board of Adjustment with the term to expire on December 1, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Kopp nominated Robert. F. Cameron, Jr., to serve in the capacity as a regular member. The nomination was seconded by Vice-Chairman Greer. Commissioner Kopp nominated Peter DeVita to serve in the capacity as an alternate member. The nomination was seconded by Commissioner Pritchett. Chairman Caster nominated Peyton Williams to serve in the capacity as a regular member. The nomination was seconded by Vice-Chairman Greer. Substitute Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to appoint Robert. F. Cameron, Jr., to serve in the capacity as a regular member; Peyton Williams to serve in the capacity as a regular member; and reappoint Peter DeVita to serve in the capacity as an alternate member with the terms to expire on December 1, 2010. Chairman Caster called for a vote on the substitute motion. Vote: The Board voted 4 to 1 to appoint Robert F. Cameron, Jr., to serve in the capacity as a regular member; Peyton Williams to serve in the capacity as a regular member; and reappoint Peter DeVita to continue to serve in the capacity as an alternate member with the terms to expire on December 1, 2010. Commissioner Pritchett voted in opposition. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:53 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:55 a.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, NOVEMBER 19, 2007 PAGE 257 NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS UPDATE ON TIDAL CREEKS PROGRAM Commissioner Davis requested County Manager Shell to update the Board on the process that is being implemented for monitoring the tidal creeks. County Manager Shell reported that the County has contracted with a private environmental firm to monitor tidal creek waters. The results of the monthly water samples will be released immediately to the public via the New Hanover County website and reviewed by a community panel of experts made up of environmental experts representing Federal, State, local, UNC-W and citizen groups to evaluate and discuss the findings. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:01 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board