2010-04-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 799
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, April 19, 2010, 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 Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.,
Commissioner Robert G. Greer, Commissioner William A. Caster, Commissioner Ted Davis, Jr., County Attorney
Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell.
Chairman Thompson called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Father David W.Haines,All Saints Anglican Parish, gave the invocation.
Commissioner Greer led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Thompson asked if any member of the Board would like to remove any item from the Consent
Agenda.
Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent
Agenda as presented.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the
Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on March 31,2010
Regular Session meeting held on April 6, 2010
Adoption of Resolution Approving the Disposal of Surplus Property—Finance Department
The Commissioners, pursuant to North Carolina General Statute 160A-Article 12, adopted the resolution
approving the disposal of surplus property.
A copy of the resolution and list of surplus items is hereby incorporated as a part of the minutes and is
contained in Exhibit Book VIII,Page 9.1.
Ratification of Request for Quotation Submitted to the United States Consumer Product Safety Commission
to Fund Public Pool Inspections in Fiscal Year 2010-2011—Health Department
The Commissioners ratified the Request for Quotation submitted to the United States Consumer Product
Safety Commission to fund public pool inspections in Fiscal Year 2010-2011. If funded,the Health Department will
be reimbursed $10,000 for inspecting fifty public pools and spas to determine compliance with the new Virginia
Graeme Baker Pool and Spa Safety Act. No new positions are being requested and no local match is required.
Ratification of Grant Application Submitted to the North Carolina Diabetes Education Recognition Program
—Health Department
The Commissioners ratified the grant application submitted to the North Carolina Diabetes Education
Recognition Program in the amount of$1,000. If awarded, the funds will be used to provide diabetes education to
those with the disease. No local match is required.
Authorization to Submit a Grant Application to the Corporation for National and Community Service —
Parks,Gardens and Senior Resource Center
The Commissioners authorized the Senior Resource Center to submit a grant application to the Corporation
for National and Community Service for a three-year renewal grant in the amount of$159,055 per year. If awarded,
the funds will be used for the Foster Grandparent program. The local match in the amount of$22,770 has been
included in the 2011 budget request.
Approval of Public School Building Fund Applications—Budget Department
The Commissioners, at the request of the New Hanover County Board of Education, approved nineteen
Public School Building Fund applications for ADM in the amount of$45,183 and lottery funds in the amount of
$2,461,000.
Copies of the applications are available for review in the Budget Department.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
10-210-Health Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 800
10-212- Sheriffs Office
10-220-Health Department
10-221 -Emergency Management&911 Communications
10-222- Social Services
2010-52- Sheriffs Office
2010-53 - Sheriffs Office
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book VIII,Page 9.2.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager Shell requested the following employees to step forward to receive service awards:
Five Year: Samuel Gaston,Property Management
Michael Leo, Sheriffs Office
William Lloyd,Parks, Gardens and Senior Resource Center
Charline McClendon,Property Management
Ten Year: Carl Byrd,Human Resources&Community Relations
Rodney Everett, Sheriff s Office
Daniel Hands,Property Management
Twenty Year: Jean McNeil,Health Department/Animal Control
Donna Willetts,Department of Social Services
Twenty-Five Year: Timothy Karp, Sheriff s Office
Toni Moser,Development Services
Thirty Year: Diane Berry,Parks, Gardens and Senior Resource Center
On behalf of the Board, Chairman Thompson presented a service award to each employee, expressed
appreciation,and thanked them for their years of dedicated service.
RECOGNITION OF NEW EMPLOYEES
County Manager Shell requested the following new employee to stand and be introduced:
Tony Fonti, Sheriff s Office
Pearl McQueen,Veteran Services
Rebecca Whitting,Department of Social Services
On behalf of the Board, Chairman Thompson welcomed the new employees to County Government and
wished them success in their new positions.
PRESENTATION OF AWARDS BY DISTRICT ATTORNEY BEN DAVID
District Attorney Ben David recognized Assistant District Attorney Tom Old; Assistant District Attorney
Tim Severo; New Hanover County Sheriffs Officer Jonathan Hart; Alcohol,Tobacco and Fire Arms Officer Tony
Glaskoff; State Bureau of Investigation Officer Chris Thomas; Wilmington Police Department Officer Chris Mayo;
and Federal Bureau of Investigation Officer Shane Taylor for the investigation and prosecution of drug cases in New
Hanover County. He thanked the Board for their support of the program which was implemented over three years
ago.
RECOGNITION OF NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
OUTSTANDING PROGRAM AWARD
Commissioner Caster recognized the Cape Fear Youth Ambassadors for being recipients of the North
Carolina Association of County Commissioners "Outstanding Program Award." The award is presented to
programs that have made an impact of change in their communities. The Ambassadors Program exemplifies a
collaborative effort to help alleviate some of the problems within Brunswick, Columbus,New Hanover, and Pender
counties by establishing a partnership with the Cape Fear Workforce Development Board Youth Council and New
Hanover County Blue Ribbon Commission on the Prevention of Youth Violence to help fill in the gaps of services
for young adults ages 16-24. The award was presented at the Annual Council of Governments Banquet on March
30,2010.
Tufanna L. Thomas and Lashauna Parker, as well as members of the Youth Ambassadors, were present to
receive the recognition.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 801
NORTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS SOCIAL
WORKER OF THE YEAR AWARD RECOGNITION TO JOANN SWART
Department of Social Services Director LaVaughn Nesmith and Assistant Director Wanda Marino
recognized JoAnn Swart as the 2010 recipient of the North Carolina Chapter of the National Association of Social
Workers Social Worker of the Year Award. This is an annual award presented to a social worker professional who
has demonstrated commendable social work practice and involvement with the National Association of Social
Workers and other professional, civic, and community organizations. Ms. Swart has been a social worker for forty
years with thirty-five years of service in New Hanover County.
Ms. Swart was present to receive the recognition.
ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2010 AS CHILD ABUSE PREVENTION
MONTH IN NEW HANOVER COUNTY
Department of Social Services Director LaVaughn Nesmith and Assistant Director Wanda Marino
submitted the request for the Board's consideration to proclaim April 2010 as Child Abuse Prevention Month in
New Hanover County and were present to receive the proclamation.
Commissioner Caster read the proclamation into the record and moved for adoption.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the proclamation
recognizing April 2010 as Child Abuse Prevention Month in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 9.3.
ADOPTION OF PROCLAMATION RECOGNIZING MAY 2010 AS MENTAL HEALTHMONTH IN NEW
HANOVER COUNTY
Southeastern Center Area Director Foster Norman submitted the request for the Board's consideration to
proclaim May 2010 as Mental Health Month in New Hanover County and was present to receive the proclamation.
Vice-Chairman Barfield read the proclamation into the record and moved for adoption.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
recognizing May 2010 as Mental Health Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 9.4.
ADOPTION OF PROCLAMATION RECOGNIZING MAY 8-16,2010 AS NATIONAL TOURISM WEEK IN
NEW HANOVER COUNTY
Wilmington/Cape Fear Coast Convention & Visitors Bureau Chief Executive Officer Kim Hufham and
Communications/Public Relations Director Connie Nelson submitted the request for the Board's consideration to
proclaim May 8-16, 2010 as National Tourism Week in New Hanover County and were present to receive the
proclamation.
Commissioner Greer read the proclamation into the record and moved for adoption.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
recognizing May 8-16, 2010 as National Tourism Week in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 9.5.
ADOPTION OF RESOLUTION SUPPORTING THE CAPE FEAR REGION HEALTH SUMMIT
ADDRESSING CHILDREN'S OBESITY AND HEALTH ISSUES
Cape Fear Health Policy Council Chairman Bill Graham submitted the request for the Board's
consideration to adopt the resolution supporting the Cape Fear Region Health Summit addressing children's obesity
and health issues and was present to receive the resolution along with Smart Start of New Hanover County
Executive Director Janet Nelson. The summit is scheduled to be held this spring at UNCW.
Chairman Thompson read the resolution into the record and moved for adoption.
Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
supporting the Cape Fear Region Health Summit addressing children's obesity and health issues. 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
XXXIII,Page 9.6.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 802
ADOPTION OF RESOLUTION IN SUPPORT OF THE STAND AGAINST RACISM EVENT
YWCA of the Lower Cape Fear Executive Director Suesan Sullivan submitted the request for the Board's
consideration to adopt the resolution supporting the Stand Against Racism Event to be held on April 30, 2010 and
was present to receive the resolution.
Commissioner Davis read the resolution into the record and moved for adoption.
Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
supporting the Stand Against Racism Event to be held on April 30, 2010. 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
VIII,Page 9.7.
ADOPTION OF RESOLUTIONS SUPPORTING THE CAPE FEAR SKYWAY GAP FUNDING AND
CORRIDOR PRESERVATION
Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky submitted the request
for the Board's consideration to adopt the following resolutions concerning the Cape Fear Skyway:
• The first resolution requests support from the State for the necessary gap funding.
• The second resolution supports the preservation of the northern alignment from encroaching
development.
Vice-Chairman Barfield read the gap funding resolution into the record and moved for adoption.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution
requesting gap funding from the State for the development for the Cape Fear Skyway as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Vice-Chairman Barfield read the preservation of the northern alignment resolution into the record and
moved for adoption.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution
supporting the preservation of the northern alignment from encroaching development for the Cape Fear Skyway as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit
Book VIII,Page 9.8.
ADOPTION OF RESOLUTION SUPPORTING SENATE BILL 832-TERMINAL GROIN LEGISLATION
Commissioner Caster presented the request for the Board's consideration to adopt the resolution supporting
terminal groin legislation in the form of Senate Bill 832. The Bill grants authorization for terminal groins after
careful site-specific analysis with emphasis on requiring financial assurance and permit conditions for removing the
groin if it causes significant adverse impact.
Commissioner Caster read the resolution into the record and moved for adoption.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution supporting
terminal groin legislation in Senate Bill 832 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Caswell Beach Mayor and Executive Director of North Carolina Beach, Inlet & Waterway Association
Harry Simmons thanked the Board for their support stating that terminal groins is a tool that will be useful in a
handful of locations.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
VIII,Page 9.9.
BREAK
Chairman Thompson called for a break from 10:22 a.m. until 10:27 a.m.
ADOPTION OF RESOLUTION AMENDING THE POLICY AND PROCEDURES FOR APPOINTMENTS
TO COUNTY BOARDS,COMMISSIONS,COMMITTEES AND AUTHORITIES
Chairman Thompson presented the request for the Board's consideration to adopt the resolution amending
the policy and procedures for appointments to the County's boards, commissions, committees, and authorities. The
existing Commissioner Appointment Policies were originally adopted in 1983 and are proposed to be modified to
state that appointees "may be removed without cause." The County currently has legislation before the General
Assembly to amend the New Hanover County ABC Board to allow appointees to be removed without cause.
If adopted,the resolution will not include the following two Boards:
• Airport Authority—currently a member of the Authority may be removed"for cause" and changes will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 803
require a legislative change.
• New Hanover Regional Medical Center Board of Trustees— currently removal of a Board member is
upon the recommendation of the Board of Trustees and will require changes in their by-laws.
Commissioner Greer stated that he was not in favor of the resolution amending current policy stating his
concern that it may make the appointments more political and possibly deter residents from applying for
appointments.
Commissioner Caster stated that he was not in favor of amending the current policy stating that it may
discourage people from serving on boards and committees and there is a need for continuity on some of the boards.
After brief discussion, Chairman Thompson moved for the adoption of the resolution.
Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
amending the policy and procedures for appointments to the County's boards, commissions, committees, and
authorities to include that appointees"may be removed without cause." Upon vote, the MOTION CARRIED 3 TO
2. Commissioners Caster and Greer voted in opposition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 9.10.
PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING AN INSTALLMENT
FINANCING CONTRACT BETWEEN THE COUNTY AND NEW HANOVER COUNTY FINANCING
CORPORATION, THE REFINANCING OF ALL OR A PORTION OF THE COSTS RELATED TO
CERTAIN CAPITAL PROJECTS, THE SALE OF NOT MORE THAN $50,000,000 REFUNDING
LIMITED OBLIGATION BONDS, SERIES 2010 AND AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS
Chairman Thompson reported that the purpose of the agenda item is to hold a Public Hearing and take
comments on a proposed installment financing contract to refinance all or a portion of the costs of certain capital
projects and to adopt a resolution approving an installment financing contract between the County and New Hanover
County Financing Corporation, the refinancing of all or a portion of the costs related to certain capital projects, the
sale of not more than$50,000,000 refunding limited obligation bonds and authorizing the execution and delivery of
documents in connection therewith and requested a motion to open the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to open the Public Hearing to
receive comments on a proposed installment financing contract to refinance all or a portion of the costs of certain
capital projects. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Thompson opened the Public Hearing to receive comments on a proposed installment financing
contract to refinance all or a portion of the costs of certain capital projects.
Hearing no comments, Chairman Thompson requested a motion to close the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to close the Public Hearing. Upon
vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Thompson requested a motion to adopt the resolution.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution approving
an installment financing contract between the County and New Hanover County financing corporation, the
refinancing of all or a portion of the costs related to certain capital projects, the sale of not more than $50,000,000
refunding limited obligation bonds, series 2010 and authorizing the execution and delivery of documents as
presented. 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
XXXIII,Page 9.11.
ADOPTION OF RESOLUTION AWARDING THE AUDIT CONTRACT TO MARTIN STARNES &
ASSOCIATES
Finance Director Avril Pinder presented the request for the Board's consideration to adopt the resolution
awarding the County's financial statements to Martin Starnes&Associates. Seven proposals were received with the
firms of Martin Starnes&Associates and Cherry, Bekaert&Holland tied for first place ranking and McGladrey&
Pullen ranked second. After factoring in the proposed costs submitted by the firms, Martin Starnes & Associates
ranked first, Cherry Bekaert&Holland ranked second,and McGladrey&Pullen ranked third.
Staff recommends the Board adopt the resolution awarding the audit contract to Martin Starnes and
Associates in the amount of$76,300 for fiscal year 2009-2010 with the option to renew the contract for each of the
following four fiscal years based upon satisfactory performance each year.
Commissioner Greer voiced his concern that the proposed company does not pay property taxes in New
Hanover County stating that he was not in favor of the request because it was not with a local company.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 804
In response to Board questions, Director Pinder reported that currently the McGladrey & Pullen audit
supervisor that she deals with works out of the New Beni/Morehead office. The County has the opportunity for
renewal based on performance.
Chairman Thompson stated that with the new contract the County will realize savings in the amount of
$147,000 with the option of the annual performance review for renewal of the contract.
Chairman Thompson requested direction from the Board to adopt the resolution awarding the audit contract
to Martin Starnes&Associates.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Thompson,to adopt the resolution awarding
the audit contract to Martin Starnes & Associates as presented. Upon vote, the MOTION CARRIED 4 TO 1.
Commissioner Greer voted in opposition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 9.12.
CAPE FEAR COMMUTES 2035 TRANSPORTATION DRAFT PLAN PRESENTATION
Cape Fear Commutes 2035 Committee Members Howard Loving and Eric Coffey and Metropolitan
Planning Organization representative Joshuah Mello presented the draft Cape Fear Commutes 2035 Transportation
Plan.
The Cape Fear Commutes 2035 Transportation Plan is the long-range transportation plan for the urbanized
area of Wilmington, North Carolina. It has been prepared by the Wilmington Urban Area Metropolitan Planning
Organization(WMPO), which is the local organization responsible for regional transportation planning in this area.
Federal law requires the preparation of this plan,and also specifies issues which the plan must consider.
The plan looks twenty-five years into the future and addresses a broad spectrum of transportation elements
throughout the entire Cape Fear Region. The plan considers all modes of transportation, including automobiles,
trucks, buses, trains, airplanes, ferries, bicycles, and walking projects in New Hanover County and parts of
Brunswick and Pender Counties.
The Board held a brief question and answer period.
A copy of the Cape Fear Commutes 2035 Draft Transportation Plan is available for review at the
Wilmington Metropolitan Planning Organization.
CAPE FEAR PUBLIC UTILITY AUTHORITY UPDATE
Public Relations and Information Officer Carey Disney Ricks presented an update which included an
overview of current issues including the recent rate increase and capital improvement projects currently under
construction and those projects that have been deferred and defunded.
Cape Fear Public Utility Authority Board Member Burrows Smith continued reporting that rates were
increased to fund bond debt. Rate increases were determined in conjunction with projected customer growth and
increased water sales of approximately 2% per year for both water and sewer accounts. Rate increases were
required to meet repayment of obligations, otherwise rating agencies would set rates to collect debt. Water and
sewer fixed charges increased $4 per bi-monthly bill in January 2010 to cover decline in consumption/revenue and
put the Authority on target for 1.0 debt coverage. In March 2010,the authority approved a 14%overall increase to
become effective May 2010.
In response to Board questions, Cape Fear Public Utility Authority staff provided the following
information:
• Castle Hayne water and sewer service is on the radar; finding the funding is a problem but staff
continues to work with developers as well as with other systems operating in the area.
• Raw water intake level issues are being addressed by the expansion of the Sweeney Plant; when
complete,filters will be re-rated with capacity to 44 million gallons per day. Currently under design is
the raw water booster station to get the raw water to the plant.
• Flows are down about 11%- 12%.
• Treated water project of pumping water into the aquifers for storage in the event of drought is currently
being bid and has received stimulus funding in amount of$3 million; $1.5 million is not required to be
paid back,the other$1.5 million will have to be paid back with no interest.
• Fish Bypass project is moving forward, CFPUA staff is attending meetings.
• Maintenance of Locking Dam #1 — river levels need to be maintained but with no cost participation
from the Authority.
• Annexation— language was incorporated in the Interlocal agreement requiring the Authority to work
with the County and City of Wilmington on land use planning. If either locality provides funding then
the Authority is obligated to include the project in the capital budget and to build said infrastructure.
Effected people become customers of the Authority. Tap fees are charged at the prevailing rates.
• Tap-in fees -the Authority is allowing citizens 180 days to tap-in at the lower rate as stated in the City
agreement;after 180 days,the tap-in fee will fall under current CFPUA rates.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 805
• There is no policy, official of unofficial, to "not approve" septic systems even if there are plans to
install sewer systems in certain neighborhoods. There is a goal to provide service and minimize the
use of septic systems. If sewer service is available the Authority works diligently to have residents tie-
in to the system with special conditions handled on a case by case basis. If declaration is made that
service is not able to be provided, and approval is received from the Health Department, the system
can be installed.
• Cutoff water service began in September/October 2009 for accounts delinquent by over$250 to $300.
Normal cutoff procedures for account 30 days past due was instituted beginning of 2010.
• "Abandoned" calls on the call queue system were determined to be from callers who either didn't want
to wait longer than two minutes, or hopefully, they received the needed information through a variety
of recorded messages.
• Currently there is not a performance measure related to answering incoming calls.
• Landlord-tenant billing update—as of January 1, 2010,the policy has been changed to allow the tenant
name on the account with either a letter of credit or required deposit; the landlord has the option to
keep billing in their name or assign it to the tenant; tenants who have unpaid bills have to pay
outstanding bill prior to receiving new service in new location; and the issue of no occupancy currently
being addressed with landlords.
• Fee structure master plan— annual rate increases were promised to rating agencies when bonds were
sold in 2008 as follows:
• Water 2009 9%,2010 9%,20117%,2012 6%and 2013 5%
• Sewer 2009 9%,2010 9%, 20117%, 2012 7%and 2013 7%
• Billing issues have been mostly resolved; Sunguard, the billing software company, did assist in
resolving initial software billing issues.
• White Space—the Authority is open to partner with the County or City of Wilmington on any project
that is deemed beneficial.
A copy of the PowerPoint presentation is available for review at the Cape Fear Public Utility Authority.
BREAK
Chairman Thompson called for a break from 12:15 p.m.until 12:26 p.m.
PRESENTATION OF SOLID WASTE MANAGEMENT SERVICES REQUEST FOR PROPOSALS
County Manager Bruce Shell reported that New Hanover County issued two separate calls to the private
sector to submit requests for proposals for comprehensive, integrated solid waste management services. The County
contracted with Greshman, Brickner & Bratton, Inc., (GBB) Solid Waste Management Consultants to review the
proposals and make a recommendation.
Greshman, Brickner&Bratton, Inc., (GBB) Solid Waste Management Consultant Bob Brickner presented
an overview of the assessment process used for the eight proposals that were received based on the Request for
Proposals.
The following recommendations are as follows:
• Republic Services proposal included operating the County's landfill while also providing all of the
other integrated waste services. GBB sees this very experienced firm with their primary mission
to extend the County landfill life as a very important environmental asset's life to the County and
at "least cost" to the users. Waste Industries would be the back-up candidate if a business
arrangement with Republic cannot be successfully negotiated.
• R3 Environmental, one of the two smaller"innovative technology" providers proposed to utilize a
dirty Materials Recovery Facility and integrate most of the existing County staff into their work
force and thus provides an integrated waste management system as well. There are some very
interesting aspects of the R3 proposal as it pertains to recycling potential, carbon credits and
renewable energy credits, and significant profit sharing with the County. However, the proposed
elimination of the County drop-offs for more mixed waste processing to achieve recyclable
materials seems problematic and typically not the industry norm at this time. The firm has made
service fee guarantees in their proposal, but merely indicated that "R3 proposes to accept the
general form of the Draft Contract document included in the Request for Proposals dated February
1, 2010." It remains to be seen what modifications will be proposed by R3 if approved for
negotiations.
These proposers are prepared to invest millions of dollars in the County solid waste system for the
opportunity to provide their services. Assuming their business model is sound, they will receive a return on their
investments, but the County will also know that their solid waste responsibilities are being adequately addressed,
and fully capitalized as needed, over the long tern. This will free up future County debt for other worthwhile and
needed programs.
While three of the five firms have proposed extensive countywide single-stream recyclables collection as
part of their offering, GBB has worked with County staff to unbundle that optional service. GBB is of the opinion
that if that service were of interest, the current costs and performance levels achieved by the County drop-offs
should be carefully reviewed versus the information received in these proposals. If there is an economic and/or
environmental benefit for such services,these can be independently procured and contracted.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 806
GBB was intrigued by the Go-Green proposal for handling food waste in the County and suggests that the
County consider exploring such a program with Go-Green.With the end-product being a bio-diesel fuel which could
be utilized by County vehicles, such a venture is not unrealistic and could be cost-effective with a broad
participating base. However, since the current solicitation was not specific to that opportunity, how to advance such
a food collection and processing program would have to be independently discussed with county purchasing and
legal staff as well.
If GBB's suggestion for a simultaneous negotiation is approved by the Board, a day-long work session
should be conducted with each firm to clearly identify and reach agreement on the technical, economic, financial,
insurance/security and performance guarantees that each of the two companies have actually proposed. This is not
to negotiate; this is merely to consolidate the critical information on each company and their proposal that will
ultimately be used in negotiations. Currently, this information is in the proposals and augmented by up to ten
different correspondences involving GBB and the companies, some very lengthy, over the past month.
GBB also suggests that the County retain a very experienced solid waste transaction lawyer to participate in
the contract negotiations process with County counsel. Having this person/firm participate in the informational
review and business sessions would be needed and would greatly improve their understanding of the project going
into negotiation.
Ultimately, after additional contractual issues meetings and legal reviews, the negotiations process is
intended to recommend one final vendor to the Board for contracting.
In response to Board questions, County Manager Shell stated that he felt it was prudent to follow the
recommendation of the consultant.
After brief discussion, Chairman Thompson requested direction from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield,to endorse the recommendation
made by GBB and directed staff to proceed with the simultaneous negotiations as presented with an update to be
presented to the Board at a work session to be held on May 3, 2010 at 2 p.m. in the Assembly Room of the New
Hanover County Historic Courthouse. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A complete copy of the Recommendations Report of Proposals Received in Response to RFP 09-0432R
Solid Waste Management Services is available for review in the County Manager's Office.
COMMITTEE APPOINTMENTS
Appointments to the ABC Board
Chairman Thompson reported that vacancies need to be filled on the ABC Board with thirty-one
applications having been received and requested nominations from the Board.
Commissioner Caster nominated Thomas Wolfe. The nomination was seconded by Vice-Chairman
Barfield.
Vice-Chairman Barfield nominated Cedric A. Dickerson. The nomination was seconded by Chairman
Thompson.
Commissioner Davis nominated Francine M. Good. No second was received.
Commissioner Greer nominated John M. Coble. The nomination was seconded by Commissioner Caster.
Chairman Thompson nominated Robert Green Collins, Jr. No second was received.
Commissioner Caster nominated James L. Turner. No second was received.
Commissioner Greer nominated John H. Lyon. The nomination was seconded by Commissioner Caster.
Chairman Thompson nominated George J. Wrage. No second was received.
Vice-Chairman Barfield nominated Avril Pinder. No second was received with the consensus of the Board
that Ms. Pinder would serve in an ex-officio capacity with possible appointment if the General Assembly approves
the request to increase seats from three to five.
Vice-Chairman Barfield nominated Augustus Codington Everett, Jr. The nomination was seconded by
Commissioner Greer.
Commissioner Caster nominated Robert W. Martenis. No second was received.
Chairman Thompson nominated John F. Melia. No second was received.
Commissioner Greer nominated David I. Matthews. The nomination was seconded by Chairman
Thompson.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 807
Commissioner Davis nominated Richard E. Canizaro. The nomination was seconded by Chairman
Thompson.
Chairman Thompson nominated Sam Darakjy. The nomination was seconded by Vice-Chairman Barfield.
Hearing no further nominations Chairman Thompson received the following votes:
Vote: The Board voted 1 to 4 to appoint Sam Darakjy to the ABC Board. Chairman Thompson voted in favor of
the appointment.
Vote: The Board voted 3 to 2 to appoint David L Matthews to the ABC Board. Chairman Thompson and
Commissioners Caster and Greer voted in favor of the appointment.
Vote: The Board voted 3 to 2 to appoint John H. Lyon to the ABC Board. Commissioners Caster,Davis and Greer
voted in favor of the appointment.
Vote: The Board voted 2 to 3 to appoint Cedric A. Dickerson to the ABC Board. Chairman Thompson and Vice-
Chairman Barfield voted in favor of the appointment.
Vote: The Board voted 1 to 4 to appoint Richard E. Canizaro to the ABC Board. Commissioner Davis voted in
favor of the appointment.
Vote: The Board voted 1 to 4 to appoint Augustus Codington Everett, Jr. to the ABC Board. Vice-Chairman
Barfield voted in favor of the appointment.
Vote: The nomination of John M. Coble did not receive any votes.
Vote: The Board voted 4 to 1 to appoint Thomas Wolfe to the ABC Board. Vice-Chairman Barfield and
Commissioners Caster,Davis and Greer voted in favor of the appointment.
Chairman Thompson announced that for the assignment of tern limits,names would be drawn out of a cup,
with the following results:
• David L Matthews was appointed to a one -year term on the ABC Board with the term to expire on
June 30,2011.
• John H. Lyon was appointed to a two-year term on the ABC Board with the tern to expire on June 30,
2012.
• Thomas Wolfe was appointed to a three-year term on the ABC Board with the term to on expire June
30,2013.
Chairman Thompson called for nominations for Chairman of the ABC Board with the term to expire on
June 30,2011.
Vice-Chairman Barfield nominated Thomas Wolfe to serve as Chairman of the ABC Board. The
nomination was seconded by Commissioner Caster.
Hearing no further nominations, Chairman Thompson requested a vote on the nomination.
Vote: The Board voted unanimously to appoint Thomas Wolfe to serve as Chairman of the ABC Board with the
term to expire on June 30,2011.
Appointment to Adult Care Home Community Advisory Committee
Chairman Thompson reported that vacancies need to be filled on the Adult Care Home Community
Advisory Committee with one application having been received and requested direction from the Board.
Vice-Chairman Barfield nominated Yuri Buechler. The nomination was seconded by Commissioner
Caster.
Vote: The Board voted UNANIMOUSLY to appoint Yuri Buechler to serve one-year tern on the Adult Care Home
Community Advisory Committee with the term to expire on April 30, 2011.
Appointments to the Nursing Home Community Advisory Committee
Chairman Thompson reported that vacancies exist on the Nursing Home Community Advisory Committee
with two applications having been received and requested direction from the Board.
Commissioner Caster nominated Linda J. Coite and Christopher Ryan Thomas. The nomination was
seconded by Vice-Chairman Barfield.
Vote: The Board voted UNANIMOUSLY to appoint Linda J. Coite and Christopher Ryan Thomas to serve one-
year terns on the Nursing Home Community Advisory Committee with the terms to expire on April 30,2011.
Appointment to Southeastern Economic Development Commission
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,APRIL 19,2010 PAGE 808
Chairman Thompson reported that one County Commissioner vacancy exists on the Southeastern
Economic Development Commission with Commissioner Greer eligible for reappointment and requested direction
from the Board.
Chairman Thompson nominated Commissioner Robert G. Greer. The nomination was seconded by
Commissioner Caster.
Vote: The Board voted UNANIMOUSLY to reappoint Commissioner Robert G. Greer to serve a four-year term on
the Southeastern Economic Development Commission with the term to expire on April 30, 2014 noting that another
Commissioner will need to be appointed to the Commission in December 2010 when Commissioner Greer finishes
his term of office.
NON-AGENDA ITEMS
Chairman Thompson 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.
Barbara Hollandsworth voiced her concern on proposed budget cuts in the New Hanover County School
System that may affect the Academically/Intellectually Gifted Program. She requested the Board earmark funds for
this program.
Commissioner Davis stated that he knew Auley Crouch had signed up to address the Board with the request
that Airlie Gardens not be sold,but that Mr. Crouch had to leave.
CLOSED SESSION
Chairman Thompson announced a Closed Session pursuant to North Carolina General Statute 143-
318.11(x)(3) to consult with the County Attorney regarding a matter of potential litigation and requested a motion
from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, pursuant to North Carolina
General Statute 143-318.11(a)(3), to enter into a Closed Session to consult with the County Attorney regarding a
matter of potential litigation. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Thompson convened to Closed Session at 2:19 p.m. in the Commissioners Conference Room.
RECONVENE TO REGULAR SESSION
Chairman Thompson reconvened to Regular Session at 2:55 p.m. and reported that the Board had
concluded its consultation with the County Attorney.
ADJOURNMENT
There being no further business, Chairman Thompson adjourned the meeting at 2:57 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.