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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.