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2010-07-12 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 3 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 12, 2010, at 2:00 p.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 Pastor Ron McGee,ROCK Church,gave the invocation. Commissioner Davis 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 an item from the Consent Agenda for questions or discussion. Hearing no comments, Chairman Thompson requested direction from the Board 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 June 17, 2010 Regular Session meeting held on June 21,2010 Closed Session meeting held on June 21,2010 Joint meeting held on June 28,2010 Approval of First Reading of Solid Waste Handlers' Franchise Ordinance Renewal—Legal Department The Commissioners, pursuant to North Carolina General Statute Chapter 153A-46, approved the first reading to ratify the automatic renewal of the Award of Franchise and Agreement for Solid Waste Services for the following business organizations: Cape Fear Hauling Republic Services of North Carolina,LLC Total Maintenance Cleaning Services Waste Industries, Inc. Waste Management of the Carolinas The franchise is a requirement for collection of residential and/or commercial solid waste in unincorporated New Hanover County and requires two readings. Authorization to Submit an Application to the 2010 Assistance to Firefighters Grant—Fire Service District The Commissioners authorized the Fire Service District to submit a grant application to the 2010 Assistance to Fire Fighters Grant in the amount of$54,760. If awarded, the funds will be used to purchase 150 sets of protective gear. The required match in the amount of$63,690 will be allocated from Fire Service District fund balance. Authorization to Submit an Application and Participate in the Quality Improvement 101 Program Offered by the North Carolina Center for Public Health—Health Department The Commissioners authorized the Health Department to submit an application and participate in the Quality Improvement 101 Program offered by the North Carolina Center for Public Health in the amount of $13,729. If awarded, the funds will be used for travel associated with the Quality Improvement 101 raining course, and any supplies/materials needed to support and carry out the work. No local match is required and no new positions will be created. Ratification of Acceptance of Funds from the Ministering Circle for Personal Health Services and Adoption of Budget Ordinance Amendment 11-005—Health Department The Commissioners, on behalf of the Health Department, ratified the acceptance of funds from the Ministering Circle for Personal Health Services in the total amount of $4,000 and adopted Budget Ordinance Amendment 11-005. The funds will be used as follows: • Men's Preventive Health Program in the amount of$2,000 • Women's Health Colposcopy Services in the amount of$2,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 4 No local match is required and no new positions will be created with services ending when funding is exhausted. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 14.1. Acceptance of Institute of Museum and Library Services Conservation Project Grant Funds and Adoption of Budget Ordinance Amendment 11-007—Cape Fear Museum The Commissioners, on behalf of the Cape Fear Museum, accepted grant funds from the Institute of Museum and Library Services Conservation Project in the amount of $27,280 and adopted Budget Ordinance Amendment 11-007. The funds will be used toward the cost of conserving three Civil War objects over the next two years. The requirement of a one to one match will be provided by in-kind salaries and benefits totaling$5,587 and Cape Fear Museum Associates, Inc.,donations totaling$21,730. Private funds have already been raised in excess of the needs for the Year 1 match,and sufficient total funds are in reserve to meet the full cash match. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 14.2. Approval to Deaccess a Copy of the Williston High School,1931,Vol. 1,Issue 1—Cape Fear Museum The Commissioners authorized the Cape Fear Museum to deaccess a copy of the Williston High School, 1931, Vol. 1, Issue 1, "Williston Echo" (Artifact Number 1994.48.1). The item will be returned to the donor's family as a family member of the original donor has questioned the legitimacy of the donation. The Museum has retained a scanned copy for research purposes. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 11-001 -Health 11-002-Health 11-004-Health 11-006-Health 11-003 -Museum 11-008- Sheriffs Office 2011-01 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book VIII,Page 14.3. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION IN SUPPORT OF THE STATE OF ARIZONA'S SENATE BILL 1070 Commissioner Greer presented a resolution in support of the State of Arizona's Senate Bill 1070 supporting greater enforcement of Federal immigration laws. Commissioner Davis stated that he will support the resolution as aliens can use any one of four different types of identification as proof that they are in the country legally. Vice-Chairman Barfield shared his concern that the State of Arizona's Senate Bill 1070 and the proposed resolution, as written, will promote racial profiling stating that he cannot support the resolution as presented. He added his concern that the Arizona Senate Bill 1070 is currently being challenged in Federal courts. Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution in support of the State of Arizona's Senate Bill 1070 as presented. Chairman Thompson presented a substitute resolution supporting the full enforcement of Federal immigration laws and the use of all Federal, State,and Local resources to ensure compliance with the law. Substitute motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution supporting the full enforcement of Federal immigration laws as presented. Upon vote, the MOTION FAILED 2 to 3. Commissioners Caster,Davis and Greer voted in opposition. Chairman Thompson called for a vote on the original motion. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution in support of the State of Arizona's Senate Bill 1070 as presented. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Thompson and Vice-Chairman Barfield voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE i A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 14.4. NEW HANOVER COUNTY ENVIRONMENTAL MANAGEMENT PRESENTATION ON THE MANAGEMENT OF SOLID WASTE Environmental Management Director John Hubbard presented the following County's proposal for continued management of the County's solid waste: • Model Assumptions: • 212,000 tons of waste/year • 1%waste tonnage increase annually • 3%annual CPI adjustment on operating expenses • No demolition expense for WASTEC • No re-payment of inter-fund loan • Five year model • Additional Notes: • 212,000 is actual for FY 09-10,realistic moving forward • 1% tonnage increase based on industry projections for growth beginning second half of 2010, waste is lagging indicator of general economy. • 3%CPI is based on historical figures and is what some firms included in their proposals. • Inter-fund loan is borrowing from general fund to balance DEM budget, not added because it will be paid by tip fee off-sets depending on which option is chosen. • Five year model is detailed analysis of realistic projections. Built and revised by staff for the latest solid waste advisory board. • Base Landfill Operation Costs • Tip fee: $17.40/ton • Salaries&benefits • Operating expenses: • Equipment replacement/M&R • Existing C&D recycling • Scale house • Leachate management • Environmental compliance • Additional Notes: • Expenses include all functions of maintaining landfill as-is: also posi-shell, soil cover, fuel, pump&haul, contracted services,permit fees, site maintenance • Option 1: Landfill Operations Only • Tip fee: $28.72/ton: • KAB: $0.15/ton • Capital costs: $5.32/ton • Debt service payment: $2.56/ton • State tax: $2.00/ton • Cell 6D payment: $0.70/ton • Transfers to general fund: $0.90/ton • Landfill gas-to-energy project: $0.31/ton • Landfill life: 61 years • Additional Notes: • Capital costs: • Cell construction cell 6E: $2.15/ton • Cell closure of side slopes in cells 5/6: $2.61/ton • Southern property permitting: $0.37/ton • Renovate scale house and replace one set of scales: $0.19/ton • Debt service payment: • Landfill: $1.72/ton • WASTEC: $0.84/ton • Cell 6D payment: amortized for 10 years • Transfers to General Fund: $143,000 plus IT expenses of approximately$36,000 • Indirect costs incurred due to other departmental support • Landfill Gas Project: third party financed,profit share • Option 2: Landfill Operations plus Existing Drop-off Recycling • Tip fee: $33.13/ton: • Collection/processing/marketing of materials • Hazardous Household Waste collection day • Christmas tree recycling • Additional Notes: • HHW day costs approximately$30,000 • Christmas tree recycling costs approximately$8,000 • $420,000 in recyclable sales FY 09-10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 6 • 6 full time staff, 5 temporary staff • 7 drop-off sites • Option 3: Landfill Operations,Drop-off Recycling and WASTEC Upgrade • Tip fee: $60.30/ton • $9.53 million upgrade: $6.86 million financed over 15 years, $2.67 million not financed • Improves availability to 90% • Landfill life: 85 years • Additional Notes: • All 3 boilers refurbished(tube replacement,refractory) • 1 &3 boiler turbine generators refurbished • ID fan replacement • Tipping floor refurbishment • East/west crane overhaul • Feed water pump replacement • 4-6 month shutdown: • Immediate shutdown will reduce maintenance and repair costs • During shutdown staff will conduct maintenance,deep clean,preservation • Option maintains all jobs and extends life of landfill by twenty-four years • Future Opportunities: Waste Management System Add-ons • Expanded C&D Processing • Curbside Recycling • Materials Recovery Facility(MRF) • Special Waste Brokering • Tire shredding • Waste shredding • County-wide collection franchise • Additional Notes: • Expanded C&D: 12.5 years of added life, 50,000 tons/year diverted from landfill • Curbside recycling: third parry or County provided, County could conduct with existing staff • MRF: regional to process single stream recyclables, break even or profitable depending on tonnage received • Special waste at WASTEC: actively pursue special waste and charge premium ($150/ton) to increase revenues once upgrade complete • Tire shredding: used to increase BTU's in plant to get better burn out of waste • Waste shredding: on the front end to make the waste more homogenous before going into the boilers, (fluffing) • County-wide collection franchise: segment County into zones and let haulers bid on collection, could include curbside and bulky item pick-up(like City) In response to Board questions, Director Hubbard and County Manager Bruce Shell clarified that the proposal does not include paying back the County approximately$4.5 million and the construction cost of Cell 6D. The proposal presented in Option 3 reflects Environmental Management breaking even; to make a profit, tipping fees would need to be raised above those stated. In response to Board questions concerning the cost to upgrade WASTEC in option 3, Senior Budget Analyst Beth Schrader reported that $2.67 million of the total amount of$9.53 would need to be funded by the County's General Fund as the items associated with this cost are not financeable; the $6.86 million would be financed for fifteen years. PRESENTATION AND DISCUSSION OF R3 ENVIRONMENTAL, LLC. TERM SHEET AGREEMENT FOR SOLID WASTE MANAGEMENT IN NEW HANOVER COUNTY Assistant County Manager Chris Coudriet presented the R3 Environmental Term Sheet Agreement stating that it meets the policy expectations of the Board of Commissioners and retains the community outcomes proposed by R3 during the solicitation and review period. In response to Board questions, City of Wilmington Director of Public Services Richard King reported that the City of Wilmington recycling program currently costs between$500,000 to$600,000 annually based on volume; 16,000 customers, approximately 2,700 tons of recyclable. If the County goes with the R3 model the City would also,and eliminate their curbside recycling program. R3 Environmental,LLC.President and CEO Robin Grathwol introduced the following R3 staff and team of consultants stating that they were in attendance to present information and answer questions: Chief Operating Officer Clayton Gsell; Attorney Keith Johnson with Poyner Spruill; Independent Technical Consultant George Ipsen; Michael Comparato with Viestle, LLC;ERM Consultant David Wasiela; General Kinematics representatives William Guptail,Paul Hannah and Gary Bilbro; and Paul Alford with Tempico, Inc. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 7 The following information was presented: • R3 Revenue Structure: • NEC Landfill tipping fee $56.50 per ton; R3 Service Fee $32.56 per ton; revenue to NHC $23.94 per ton • At 220,000 tons per year,the NEC revenue will be in the amount of$5,266,800 • Snapshot of Year 2 (based on 220,000 tons per year with no escalation in tonnage): • Revenue generated for NEC in the amount of$10,533,000 • Cell 6D payment in the amount of$1,500,000 • Employee compensation/retraining in the amount of$2,500,000 • Equipment purchase(estimated appraisal value)in the amount of$1,000,000 • Letter of Credit from R3 in the amount of$5,000,000 • Performance bond at 27 months in the amount of$300,000 • Total R3 value to NHC in the amount of$20,833,600 • Snapshot of Year 15 (based on 220,000 tons per year with mining at 70%recovery): • Revenue generated for NEC in the amount of$79,002,000 • Additional value of diversion assuming 2.288 million tons at$34.39 in the amount of$78,684,320 • Additional value of mining assuming 1.24 million tons at$34.39 in the amount of$41,164,830 • Total additional value in the amount of$119,849,150 • Total value to NHC in the amount of$198,851,150 • No financial risk to NHC: • Backed by National Standard Finance with over$2.3 billion of assets in portfolio • $5 million letter of credit • Additional performance guarantees • No capital investment by NHC • Community benefits: • 100%recycling participation • Revenue to NEC will positively impact residents • Investing in community with Cape Fear Community College training program • Environmental stewardship • Landfill mining: • ERM has three years of experience in MSW and C&D reclamation and recovery. Projects reclaimed as parks and green space. • Sixteen projects for disposed mixed waste reclamation in various states i.e.New York. • North Carolina has no regulatory authority to deny landfill mining. • R3's Smart Materials Reduction Facility(MRF)verses the Dirty MRF • Smart MRF—automated process, high rate of recovery, high quality of commodities. • Dirty MRF—manual sorting,minimal recovery, low quality/value of commodities. In response to Board questions, R3 staff and Assistant County Manager Chris Coudriet, Deputy County Attorney Kemp Burpeau, Outside Counsel for NEC Attorney Rick Sapir with Hawkins, Delafield and Wood, LLP and Senior Budget Analyst Beth Schrader clarified the following term sheet items: • R3 will have ninety days from the date of the contract to begin operations. A penalty will be levied from days 91 through 120;after day 121 R3 would be in default and the Letter of Credit would be pulled. • Due diligence and transition period run concurrently. • The County will convert the R3 bid bond in the amount of$384,000 to performance security for the 90 day transition period that begins after contract execution. • By the commencement date, R3 must provide a $5 million letter of credit which will remain available to serve as liquidated damages in the event of default for the life of the agreement. • The contract term is for the period of fifteen years with no escalation in the service fee. • R3 must contract a new construction and demolition facility within 34 months of commencement failure to comply is an event of default. • R3 must offer employment to all County personnel and guarantee employment for twelve months. • The County will be liable for Environmental Management employees' personal leave accrual costs. • The County will guarantee 150,000 tons per year in acceptable waste. • R3 must demonstrate no later than the 27t' month that its Smart MRF can divert from landfill 80% of acceptable waste for 90 days. • After Smart MRF acceptance,R3 must divert annually 80%of all acceptable waste from landfill; failure to divert between 70% and 80%will result in performance damage of$24 per ton, failure to divert 70% triggers an event of default. • R3 must begin landfill mining by the 48t'month after commencement date. • R3 must begin construction of a methane gas recovery system within 36 months if not able to secure a landfill mining permit. • R3 is putting up$1.5 million of their own funds for the Letter of Credit and will be financing the additional $3.5 million that the County requested; the County will be paying the interest on the $3.5 million. The estimated amount of interest is in the amount of$250,000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 8 • If the State requires the County, as the property owner, to be on the permit with R3, staff will ensure that indemnification language will be included in the contract to protect the County from environmental and financial exposure. • After the fifteen-year term of the contract the post closure costs will be the responsibility of the County. Chairman Thompson,Vice-Chairman Barfield, Commissioner Davis and Commissioner Greer voiced their concern that according to the Term Sheet the County was proposed to pay the interest in the approximate amount of $250,000 per year for twelve years on the $3.5 million financed portion the County was requiring from R3 for the Letter of Credit. The Board held a discussion highlighting that the additional amount in the Letter of Credit above the original$1.5 million is because R3 is a new company with a new concept and technology. In response to Board questions, County Manager Shell,Attorney Sapir and Senior Budget Analyst Schrader clarified that as negotiations progressed, R3 was required to put up a$5 million Letter of Credit, an additional$3.5 than originally stated in the RFP. The thought was that in order to make the deal work and keep the money accessible in case of default, the County would pay the interest on the additional request of $3.5 million. The interest that the County would be paying on the $3.5 million would be off-set by the interest that was being earned on the total $5 million. There would be a net cost to the County but not to the extent it is being portrayed as the worse-case scenario is being reported. The$3.5 million was calculated at 8%interest or$1.25 on the tip fee. A question and answer period followed concerning the$5 million Letter of Credit. Chairman Thompson stated that due to the length of the item, after a break, the Board will table the item and proceed with Agenda Items 11 through 15 and then resume discussion of Agenda Item 10. BREAK Chairman Thompson called for a break from 4:29 p.m.until 4:42 p.m. NEW HANOVER COUNTY LIBRARY ADVISORY BOARD ANNUAL UPDATE New Hanover County Library Advisory Board Chairman Mary E. Hatcher reported that the Library Advisory Board consists of twelve members appointed by the New Hanover County Commissioners for a three-year term,which can be renewed once and are responsible for recommending policies for the operation of the library and for serving as liaison among the library, the public and the County Commissioners. Ms. Hatcher presented the following information: • New Hanover County libraries have served as a resource for residents of New Hanover County and neighboring counties for over 100 years: • Locations: • Main Library • Northeast Regional Library • Carolina Beach Branch Library • Myrtle Grove Branch Library • Law Library located in the Courthouse • Forty full time employees • Open to the public over 9,500 hours • 13,818 volunteer hours • 851,064 library visits • 1,320,468 items checked out • Twelve meeting rooms • 87,533 meeting room attendees • 1,967 children's and adult programs • 36,218 program attendees • NC Genealogy Collection- 100t'year of operation 1910-2010 • 133 public access computers • 157,717 public computer uses In closing, Ms. Hatcher reported that New Hanover County libraries have served as an efficient County agency and given taxpayers the most for their money during good and bad economic times all for only $1.40 per resident a month. NEW HANOVER COUNTY PARKS AND RECREATION ADVISORY BOARD ANNUAL UPDATE New Hanover County Parks and Recreation Advisory Board Chairman Connie H. Branch and Parks and Gardens Director Jim McDaniel presented the annual update as follows: • Policy Changes: • Implemented smoking guidelines-smoking permitted in parking lots only • Major event guidelines established • Banner guidelines for Hugh MacRae being established • Developed new field use contracts NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 9 • Completed Bond Projects: • Ogden Park: • 3 additional lighted tennis courts • Additional 100 space paved parking lot • Sidewalk connectivity • River Road Park: • 100' dock extension • ADA fishing access • Concrete ramp • CAMA Access grant • Trails End Park • Bulkhead repairs • Concrete boat ramp • Fishing area • Picnic facilities • Upcoming Projects: • Arrowhead Park—design completed,permits received • Monterey Heights—ready for bid • Parkwood—design completed and permits received • Smith Creek Park—design completed and permits underway • Wrightsboro Park—design completed and permits pending • Joint Projects with the City of Wilmington: • Empie Park-Althea Gibson Tennis Center—construction nearing completion • Olsen Park-construction complete PRESENTATION BY THE PUBLIC HEALTH FOUNDATION OF NEW HANOVER COUNTY Public Health Foundation of New Hanover County Board of Directors President Lenwood S. "Bo" Dean, Jr., presented an update on the Public Health Foundation of New Hanover County. The vision of the Foundation is to address public health needs that cannot be met by established organizations; to fund innovative public health initiatives that do not have established funding sources; to promote collaboration among private and public organizations to achieve public health goals; and to receive donations, grants, endowments, and contributions from individuals,organizations,foundations or other entities. The Public Health Foundation of New Hanover County, Inc is a private, non-profit foundation established to achieve specific objectives: • Insure the availability, accessibility, and affordability of heath care services. • Promote good health practices. • Contribute to the achievement of the highest practical standards in public health. • Conduct public health,which will develop new knowledge and methods. • Provide supportive management and professional resources for more efficient and effective use of funds. • Financial Overview 2008-2010: o Starting balance transfer from County in the amount of $6,521.14 donation from Dr. Frank Reynolds o Donations received in the amount of$2,114.65 0 2009 Golf Tournament net proceeds in the amount of$11,634.45 0 2010 Golf Tournament net proceeds in the amount of$10,318.14 o Operating Expenses in the amount of$3,704.02 o Grants awarded in the amount of$4,684,00 o Balance in the amount of$22,200.36 • Grants awarded: • Men's Preventive Health Program: urology office visits for 12 clients in the amount of$1,200 and Coastal Family Medicine office visits for fourteen clients in the amount of$700. • Mobile Dental Unit in the amount of$500 for 600 bags of toothbrushes,toothpaste and floss. • HIV/STD Outreach in the amount of$1,284 for an event at Taylor Housing Community. • Animal Control Services in the amount of$500 for 500 rabies vaccinations. • Cape Fear HealthNet in the amount of$500. • Action plan: • Strategic planning for fundraising and long term financial goals with consultant Marilyn Pearson with First Citizens. • Board development and training. • Outreach for grants to the foundation. • Direct Asks and challenges to create sustainable income for the Foundation. NEW HANOVER COUNTY ABC BOARD PRESENTATION County Manager Bruce Shell highlighted the following accomplishments of the Interim ABC Board: • Alcohol Law Enforcement: The time and efforts of the contract alcohol law enforcement agency(New Hanover County Sheriff's Department)were redirected toward alcoholic beverage control as opposed to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 10 store security and cash handling. Also, the Board re-negotiated the local Alcohol Law Enforcement contract for fiscal year FY 2010-2011. • Financial Concerns Addressed: • Instrumental in creating the first budget for the ABC Board. A budget ordinance was created for FY10/11;approved on June 16, 2010. • Requested proposals from various CPA firms for financial audit and related services for FY09/10 and possible future years. Screened proposals and hired a new auditor. • Advertised for a qualified individual to become the Finance Manager(among other duties)for the Board. Received information from about 86 applicants, scrubbed the information received, and recruited a candidate with government experience, a MBA education, and aspirations of becoming a CPA. This was accomplished within the lower section of the hiring range. • Computer software was purchased and installed for a purchase order system to provide better accountability and control over large purchases. • Human Resources: • Employee benefits were studied; the purpose was not only to reduce expenses, but also to closer align the Board with County government's benefits. • Policies: Several important policies were created, such as: • Procurement Policy: provides bidding procedures,both formal and informal,purchase orders and budgetary requirements. • Travel Policy: required by NC Administrative Code -provides written guidelines, allows for per diem meal reimbursement, and requires documentation for reimbursement. ABC Board appointees are subject to the same travel policy as employees. • Cell Phone Policy: establishes an allowance plan for employees. Any allowances paid are taxable income to employees and reported to the IRS on the employee's annual W2. • Cash Management and Investment Policy: clarifies portfolio, custodial, banking, disbursement and reporting requirements. • Signature Policy: outlines who has authority to enter into contracts on behalf of the ABC Board. • Ethics Policy: is the resolution NC Governor Purdue requested all local ABC Boards to adopt. • Internal Control Policies: provides guidelines for internal control procedures. • Various Personnel Policies (including, nepotism, gifts and favors, personal appearance, Family& Medical Leave Act, etc). • Customer Service Expanded: • Liquor-by-the-Drink permit holders at Carolina Beach and Kure Beach are required to make trips to Wilmington to pick-up spirituous products. The Board voted on and approved an LBD sales outlet to service local permit holders at the Carolina Beach ABC store in an effort to reduce trip time. The project is scheduled to be functional the first week of July. • Drink recipe computers were priced and purchase was subsequently approved for installing these computers in four of the larger ABC stores. Installation is scheduled for July 7"'. • Entertained the possibility of re-opening the store which closed in 2007. Subsequently a projected list capital expenditures and period expenses were prepared and a breakeven scenario was created. The decision was made to proceed and the store opened near the middle of June. • Pending Items: • Board of Commissioners submitted a request to the General Assembly for a local act to increase the ABC Board membership from three to five. • State ABC Commission continues to work for policy changes with North Carolina legislators. • Operational changes related to property acquisitions have been tabled for future action of the incoming ABC Board. • Finance Director Avril Pinder and County Attorney Wanda Copley will continue to serve the New Hanover County ABC Board but in different capacities. County Manager Shell introduced the new Board members stating that he believes the interim ABC Board has positioned the new Board for success. PUBLIC HEARING AND APPROVAL OF 2007 SCATTERED SITE HOUSING PROGRAM- COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CLOSE-OUT Community Development Planner Wanda Coston reported that in accordance with Community Development Block Grant Program requirements, a Public Hearing must be held to close-out the 2007 Scattered Site Housing Program for New Hanover County. Four very low income, owner-occupied households received housing assistance. Two households received replacement homes and two households received housing rehabilitation assistance. Three of the four households were female-headed households. The average cost of the two replacement homes was$95,602.50 and the average cost of the two homes that were rehabilitated was$48,612. The total cost to implement the Scattered Site Housing Program was in the amount of$355,616. Chairman Thompson opened the Public Hearing in accordance with Community Development Block Grant Program requirements to solicit citizen input concerning the closeout of the County's 2007 Scattered Site Housing Program. Hearing no comments, Chairman Thompson closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 11 Chairman Thompson requested a motion to authorize the Chairman to sign the Community Development Block Grant Program Closeout Performance Report and Certificate of Completion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to authorize the Chairman to sign the Community Development Block Grant Program Closeout Performance Report and Certificate of Completion. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the grant document is available for review in the Planning and Zoning Department. CONTINUED DISCUSSION OF R3 ENVIRONMENTAL TERM SHEET AGREEMENT FOR SOLID WASTE MANAGEMENT IN NEW HANOVER COUNTY The Board continued their discussion of R3 Environmental Term Sheet Agreement for solid waste management. Commissioner Caster voiced his concern on how the County will be able to enforce flow control through the current franchise agreements when the facility will be privately owned. Commissioner Greer voiced his concern that according to the North Carolina Department of Natural Resources,there are no permits for landfill mining being issued. The proposed process will be breaking new ground and he doesn't feel the County needs to be taking a chance on something that is not tried and true when Waste Industries, who has a solid track record, has made a good proposal. They have offered to pay the County $1.5 million up front; pay $1.7 million up front for the landfill equipment; pay the County $3 million up front for WASTEC to do whatever the County wants with it; offer County-wide recycling for a charge $3.27 per month; and charge about$5 per month less than the R3 proposal; equating to a year's worth of disposal free. GBB Consultant Bob Brickner presented the following information: • Federal EPA's Waste Management Hierarchy — Disposal; Energy Recovery, Recycling and Composting: Re-use;Reduction. • Materials Recovery Facility (MRF) — feedstock is usually clean mixed recyclables from households that are separated as commodities and then marketed • Dirty MRF involves a mixed waste feedstock and equipment/labor to process/separate recyclables and the rest usually goes to a landfill—three Chicago Dirty MRRF's are a fifteen year example. • These Chicago plants, each with capacity to handle 800-1500 tpd of MSW from the City, are Dirty MRF's designed and built by Waste Management under contract to the City of Chicago and most recently being operated by Allied/Republic. • The R3 "Smart MRF,"using the latest mechanical technologies of 2010,is expected to generate about 1/3 recovered materials and 2/3 RDF (biomass fuel) for firing at WASTEC or other energy plant locations. • Hence the R3 Smart MRF is more like a transitional RDF processing facility, which has operated around the US for over two decades, but incorporates much more front-end processing and recovery equipment for materials recovery prior to fuel production. Chairman Thompson asked the following employees if, in their opinion, the County should move forward with contracting with R3 Environmental: • Environmental Management Manager Sam Hawes responded that he was not sure the technology would work,that it was a concept for the future but did not feel it was the best deal for the County. • Environmental Management Director John Hubbard responded that he felt there were enough safe guards included in the Term Sheet to protect the County and he was comfortable with proceeding with R3. • Senior Budget Analyst Beth Schrader responded that she was comfortable that the Term Sheet protected the County and that it was the right thing to do to proceed with R3. • GBB Consultant Bob Brickner responded that he felt it was the right thing to do. • County Manager Bruce Shell responded that he recommended approval and felt there was a high probable level of success; if R3 did fail,the County would be protected. In response to concerns by the Board on financing the additional$3.5 million Letter of Credit, on behalf of R3 Environmental,Attorney Keith Johnson,presented an addendum to the Section VII of the Term Sheet as follows: Section VIL County Payment Obligations - the County shall pay the Company a monthly Service Fee in accordance with the following formula: Process charge for each ton of Acceptable Waste accepted and processed or disposed of by the Company during the previous month and 1/12"' of the cost of additional security above$1.5 million requested by the County("Cost of Additional Security")provided;however, the Company shall be responsible for the Cost of Additional Security until Smart MRF Acceptable Date, or through the 36"` month following the Commencement Date, whichever occurs first. The Board held a discussion concerning the addendum as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 12 Motion: Commissioner Caster MOVED, to proceed with the contract with R3 Environmental LLC, for management of New Hanover County's solid waste with the addendum to Section VII of the Term Sheet as presented. The MOTION FAILED FOR LACK OF A SECOND. In response to continued Board discussion and concerns about the County financing the$3.5 million Letter of Credit, Ms. Grathwol stated that she was willing to renegotiate that particular term and requested time to confer with Attorney Keith Johnson. BREAK Chairman Thompson called for a break at 7:00 p.m.until 7:23 p.m. APPROVAL OF CONTRACTING WITH R3 ENVIRONMENTAL, LLC FOR SOLID WASTE MANAGEMENT IN NEW HANOVER COUNTY The Board continued their discussion of the R3 Environmental Term Sheet Agreement for solid waste management. In response to concerns raised by the Board concerning the $5 million Letter of Credit, Attorney Keith Johnson,on behalf of R3 Environmental,read the following addendum to the term sheet into the record: "The term sheet shall be amended to reflect that the Company shall be solely responsible for all costs associated with securing and maintaining the entire security (the Letter of Credit or escrow fund)throughout the term of the Agreement. The Company may request that the County consent to reducing the amount of the security, but in no event to an amount less than $1,500,000 at the Smart MRF Acceptance Date." Commissioner Davis requested that the amount of $5 million be inserted in the addendum to read as follows: "The term sheet shall be amended to reflect that the Company shall be solely responsible for all costs associated with securing and maintaining the entire $5 million security (the Letter of Credit or escrow fund) throughout the term of the Agreement. The Company may request that the County consent to reducing the amount of the security, but in no event to an amount less than $1,500,000,at the Smart MRF Acceptance Date." Attorney Keith Johnson confirmed with Ms. Grathwol that she agreed to the amendment to the addendum. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to contract with R3 Environmental LLC, for management of New Hanover County's solid waste as presented including the following addendum and changes to the Term Sheet: • ADDENDUM: "The term sheet shall be amended to reflect that the Company shall be solely responsible for all costs associated with securing and maintaining the entire$5 million security(the Letter of Credit or escrow fund)throughout the term of the Agreement. The Company may request that the County consent to reducing the amount of the security, but in no event to an amount less than$1,500,000, at the Smart MRFAcceptance Date. • Term Sheet wording changes: • STUDIES AND REVIEWS TO BE COMPLETED BY R3 DURING TRANSITION PERIOD: paragraph 5 to read — "R3 will implement a new health and safety plan and protocol for all existing County Environmental Management facilities. This will include R3 retaining ERM to prepare a new health and safety plan to be implemented for the long-term operation of the landfill facility. This plan will be based on items discovered by R3 in the Diligence Review Period and include the proposed activities that may add additional measures. The health and safety plan will be prepared by certified safety professionals (CSP) and will be signed by CSP's for implementation." • SECTION XV. EVENTS OF DEFAULT, TERMINATION RIGHTS AND REMEDIES: first bullet to read—"Failure of the Company to complete its Transition Period responsibilities within 30 days of the Scheduled Commencement Date, unless due to County fault, Act of God or delay from permitting agency in obtaining necessary modifications to permits for existing facilities (due to no fault of the Company)." Upon vote,the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. A copy of the contract is available for review in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 13 PUBLIC HEARING AND DENIAL OF REQUEST BY FLOURNOY DEVELOPMENT COMPANY, LLC TO REZONE APPROXIMATELY 17.56 ACRES OF PROPERTY LOCATED AT 7000, 7004, AND 7008 MARKET STREET; 1715, 1725,AND 1731 PROSPECT CEMETERY ROAD; AND 75 SNUG HARBOUR DRIVE FROM R-15 RESIDENTIAL DISTRICT AND B-2 HIGHWAY BUSINESS DISTRICT TO EXCEPTIONAL DESIGN ZONING DISTRICT(Z-904,6/10) Vice-Chairman Barfield requested that the Board recuse him from voting on this matter stating that in his role of Realtor he is representing individuals with a financial interest in the proposed project. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to recuse Vice-Chairman Barfield from voting on the request by Flournoy Development Company, LLC because in his role as a Realtor he is representing individuals with a financial interest in the proposed project. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planning and Zoning Manager Jane Daughtridge presented the request by Flournoy Development Company, LLC to rezone approximately 17.56 acres of property located at 7000, 7004 and 7008 Market Street; 1715, 1725, and 1731 Prospect Cemetery Road; and 75 Snug Harbour Drive from R-15 Residential District and B-2 Highway Business District to Exceptional Design Zoning District and presented a slide overview of the project and the proposed Military Cutoff Extension. The proposed project is requesting to construct a multi-family development with a maximum of sixteen units per acre. The proposed project meets the core requirements for EDZD. Planning and Inspections Director Chris O'Keefe reported that the Planning Board, at its June 3, 2010 meeting,voted 4-1 to recommend approval of the proposed rezoning but expressed concerns about access to the site and encouraged finding additional street access to the project, either through Snug Harbor Drive or some other alternate connection. One person spoke in opposition to the proposal citing traffic concerns and concerns for protection of Prospect Cemetery. Director O'Keefe reported that staff, in consultation with other appropriate departments or personnel, prepared the following findings: 1. As to the suitability of the proposals for the general type of function,the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development staff finds that this proposal suits the function and characteristics of the land but is inconsistent with future transportation plans for the area. 2. As to the sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design staff funds that this proposal meets the core requirements and exceeds the minimum additional requirements for the exceptional design zoning district but if any of the currently proposed alternatives are approved for the interchange at Military Cutoff Road and Market Street,the project will not meet the district regulations outlined in section 53.6.4(3)of the New Hanover County Zoning Ordinance which state that, "A district may not extend across any major or minor arterial roadway unless the district proposes multiple,unified development phases of mixed uses having safe, signalized vehicular,pedestrian and bicycle facilities to connect the projects." 3. As to the relation to major roads and mass transit facilities, utilities and other facilities and services staff concludes that water and sewer infrastructure can adequately serve the site but the provision of a gated entrance and the anticipated Hampstead Bypass(Military Cutoff Extension)Plan are weaknesses and barriers to successful implementation of a viable EDZD as it relates to infrastructure support. 4. As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed staff concludes the applicant does not yet maintain unified control of the property and the description of the point at which a sales contract will be executed leaves project unity uncertain until a stage well beyond approval of the rezoning. If the terms and conditions of purchase do not materialize, there will be three otherwise unassociated owners encumbered by very stringent requirements for a unified development over their collective property. Coupling uncertainty of the timing for unified ownership with the likely negative impacts on the properties as the transportation improvement project for Military Cutoff extension moves forward, it appears rezoning the property would leave this area vulnerable to conflicts of disaggregated ownership and responsibility. 5. As to the suitability of plans proposed or the suggestion of conditions staff concludes that the proposed site plan is a suitable concept plan to express the intentions of the applicant and, in general, showing satisfaction of required elements. However, the planned transportation improvements relating to the Military Cutoff interchange have not been reflected in the plan nor have its likely impacts been credibly discussed. 6. As to the consistency with the County's adopted Land Use Plan and other adopted plans for development in the vicinity, and suggesting how the rezoning might be reasonable and in the public interest if approved staff concludes that the proposal has several positive features that conform to the spirit and intent of the Exceptional Design Zoning District, some that are marginal but might be considered adequate, and a few that create challenges for implementing the project in conformity with the EDZD regulations. Relying on what staff considers are the best available information from the North Carolina Department of Transportation, significant changes are in store for this intersection, and therefore staff is unable to recommend approval of this project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 14 In closing, staff cannot conclude that the rezoning is reasonable or in the public interest when intensifying the land use so significantly will very likely result in increased public costs, whether related to buying right-of-way, realigning accesses to existing developments or relocating residents who must be displaced to establish the safe and effective extension of Military Cutoff Road. Staff therefore recommends denial. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. Tom Johnson, Attorney for the Petitioner, presented an overview of the project stating that subject properties are under one contract with Flournoy Development Company and financing is in place. The transportation issue is the big issue to consider. Jeremy Phillips, Flournoy Development, presented a slide overview of the project stating that the issue of an additional access has been addressed with direct access from the site to Market Street. In addressing the extension of Military Cutoff Road, according to the information received in a meeting held with NCDOT representatives a preferred alignment has not been selected and no public hearing has been scheduled or held. The project is currently not funded. Also, no corridor preservation for this property has been recorded and the property was specially excluded from the corridor preservation map for Military Cutoff Extension that was recorded in August 2005. Attorney Tom Johnson continued presenting a summary of events highlighting that they have been working with the Metropolitan Planning Organization(MPO)and NCDOT since January 15, 2009 and were not made aware of any changes to the Military Cutoff Road extension until March 23, 2010 when they received a letter from the MPO notifying them that the interchange had been moved; on June 23, 2010 the Transportation Advisory Committee voted to not support a resolution to amend the corridor preservation. There may be plans to build the extension in the future but currently no funding is in place. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Paul Nichols, Snug Harbor HOA, voiced his concern with the proposed project due to the traffic impact, storm water drainage issue and noise. Eileen Sanlin, on behalf of Peppertree HOA, requested the Board deny the request due to concerns about the impact the three-story apartment complex will have on their home values, the increase in school enrollment and school bus traffic, and drainage issues. She stated that the HOA supports the proposed Military Cutoff extension. Thomas Walsh,resident of Snug Harbor Drive, stated that the area was geared for single-family homes and voiced his concern about the impact on traffic the proposed project would have. He requested the Board deny the rezoning request. In rebuttal comments, Attorney Tom Johnson responded that there is no plan to connect to Snug Harbor Drive. The projects storm water is required to be controlled on their property and not impact surrounding areas. Residents of the project will have access to shopping with the use of stoplights. The proposed EDZD provides a buffer between residential and commercial. In response to concerns about the Military Cutoff Extension he stated that the proposed interchange hasn't even gone to public hearings and may not be funded. The proposed project will bring in a development that will add to the County's tax base. In rebuttal comments, Ms. Sanlin stated that they did not receive notice of the community meetings. She requested the Board deny the request due to the impact on their quality of life and property values. The proposed project is inconsistent with the surrounding single-family homes. In response to Board questions, NCDOT Division Engineer Allen Pope presented a slide overview of the proposed Hampstead Bypass/Military Cutoff Extension,referencing a letter by NCDOT Chief Operating Officer Jim Trogdon,highlighting the following: • The project is the number one priority for the Wilmington Urban Area Metropolitan Planning Organization and the local NCDOT Division. • The NCDOT draft work plan indicates this project is scheduled for right of way acquisition in 2014 and 2015 and construction in 2017,2018,and 2019. • The Environmental Impact Statement is expected to be completed in 2011. • The proposed extension will"fly over"Market Street and Military Cutoff will be free flowing. • If the proposed project is approved it will increase the right of way cost of the extension. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. In response to Board questions,Vice President of Flournoy Development Company Ryan Foster confirmed that financing is in place and the project will move forward with or without HUD financing. Motion: Commissioner Greer MOVED to approve the request by Flournoy Development Company,LLC to rezone approximately 17.56 acres of property located at 7000,7004 and 7008 Market Street; 1715, 1725,and 1731 Prospect Cemetery Road; and 75 Snug Harbour Drive from R-15 Residential District and B-2 Highway Business District to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 15 Exceptional Design Zoning District finding that the request is: 1)consistent with the purposes and intent of the 2006 CAMA Land Use Plan with regard to establishing standards for exceptionally designed development, even though it is inconsistent with Policy 5.4 because of conflicts with the currently approved Transportation Improvement Plan for this location, and 2)reasonable and in the public interest to rezone approximately 17.56 acres at the intersection of Military Cutoff Road and Market Street from B-2 Highway Business District and R-15 Residential to EDZD Exceptional Design Zoning District and award bonus density for a total of up to sixteen residential dwelling units per acre because the preferred alternative design has not been finalized for the proposed changes to this intersection. The MOTION FAILED FOR LACK OF A SECOND. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Caster, to deny the request by Flournoy Development Company, LLC to rezone approximately 17.56 acres of property located at 7000, 7004 and 7008 Market Street; 1715, 1725, and 1731 Prospect Cemetery Road; and 75 Snug Harbour Drive from R-15 Residential District and B-2 Highway Business District to Exceptional Design Zoning District finding that the request is not: 1) consistent with Policy 5.4 of the 2006 CAMA Land Use Plan because it is inconsistent with the currently approved Transportation Improvement Plan for this location, and 2) is not reasonable nor in the public interest to establish a high density residential district with limited connectivity or alternative accesses in a location currently scheduled for significant alteration as part of a planned limited access roadway interchange. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Greer voted in opposition. APPOINTMENT OF COMMISSIONER GREER AS VOTING DELEGATE AND VICE-CHAIRMAN BARFIELD AS ALTERNATE VOTING DELEGATE TO THE 2010 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE Chairman Thompson reported that the Board is being requested to appoint a voting delegate to the North Carolina Association of County Commissioners Annual Conference to be held August 26-29, 2010 in Pitt County. Vice-Chairman Barfield and Commissioner Greer will be representing the County at the conference. Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster,to appoint Commissioner Greer as voting delegate and Vice-Chairman Barfield as the alternate voting delegate to represent the County at the 2010 North Carolina Association of County Commissioners Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Thompson reported that up to seven vacancies need to be filled on the Adult Care Home Community Advisory Committee with three applicants eligible for reappointment and requested nominations from the Board. Commissioner Caster nominated Martha H. Stein, Cecil W. Sutton and Karen McDowell Vincent for reappointment. The nominations were seconded by Chairman Thompson. Hearing no further nominations Chairman Thompson closed the nominations and called for a vote on the nominations. Vote: The Board voted unanimously to reappoint Martha H. Stein, Cecil W. Sutton and Karen McDowell Vincent to serve three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on July 31,2013. Appointments to Inspections Department Advisory Council Chairman Thompson reported that four vacancies need to be filled on the Inspections Department Advisory Council with two applicants eligible for reappointment with four new applicants for consideration and requested nominations from the Board. Commissioner Caster nominated Rodney Q. Harris in the Residential Builder category and Jimmy Piner in the Electrical Contractor category for reappointment. The nomination was seconded by Commissioner Davis. Vice-Chairman Barfield nominated Mike Hayes in the At-Large category. The nomination was seconded by Chairman Thompson. Commissioner Greer nominated David Lee Smith in the At-Large categoi}. The nomination was seconded by Chairman Thompson. Commissioner Caster nominated Frank Roberts in the Residential Builder category. No second was received. Hearing no further nominations, Chairman Thompson called for a vote on the slate of nominations. Vote: The Board voted unanimously to reappoint Rodney Q. Harris in the Residential Builder category and Jimmy Piner in the Electrical Contractor category and appoint Mike Hayes and David Lee Smith in the At-Large category to serve three-year terms on the Inspections Department Advisory Council with the terms to expire on July 31,2013. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 16 Appointments to the Planning Board Chairman Thompson reported that three vacancies exist on the Planning Board with thirteen applications available for consideration and requested nominations from the Board. Commissioner Caster nominated Troy Barboza. Commissioner Greer seconded the nomination. Vice-Chairman Barfield nominated Tamara Carter. Commissioner Davis seconded the nomination. Commissioner Caster nominated Lori Harris. Commissioner Greer seconded the nomination. Vice-Chairman Barfield nominated Mark T. Imperial. No second was received. Commissioner Caster nominated Lisa Mesler. Commissioner Greer seconded the nomination. Commissioner Davis nominated Scott P. Ogden. Chairman Thompson seconded the nomination. Commissioner Davis nominated Tara Murphy. Chairman Thompson seconded the nomination. Hearing no further nominations, Chairman Thompson called for a vote on the nominations. Vote: The Board voted 2 to 3 to appoint Troy Barboza to serve on the Planning Board. Commissioners Caster and Greer voted in favor. Vote: The Board voted 3 to 2 to appoint Tamara Carter to serve on the Planning Board. Chairman Thompson, Vice-Chairman Barfield and Commissioner Davis voted in favor. Vote: The Board voted 2 to 3 to appoint Lori Harris to serve on the Planning Board. Commissioners Caster and Greer voted in favor. Vote: The Board voted 2 to 3 to appoint Lisa Mesler to seine on the Planning Board. Commissioners Caster and Greer voted in favor. Vote: The Board voted 2 to 3 to appoint Scott P. Ogden to serve on the Planning Board. Chairman Thompson and Commissioner Davis voted in favor. Vote: The Board voted 3 to 2 to appoint Tara Murphy to serve on the Planning Board. Chairman Thompson,Vice- Chairman Barfield and Commissioner David voted in favor. Chairman Thompson reported that according to the vote Tamara Carter and Tara Murphy have been appointed to serve on the Planning Board. Chairman Thompson called for a second round of votes for the third appointee. Vote: The Board voted 3 to 2 to appoint Troy Barboza to serve on the Planning Board. Vice-Chairman Barfield and Commissioners Caster and Greer voted in favor. Chairman Thompson reported that Troy Barboza was selected to serve the unexpired term on the Planning Board with the term to expire on July 31, 2012 and Tamara Carter and Tara Murphy have been appointed to serve three-year terms on the Planning Board with the terms to expire on July 31, 2013. 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. No items were presented. ADDITIONAL AGENDA ITEMS CONSENSUS TO TABLE CONSIDERATION OF TARGETED EMPLOYMENT AREA RESOLUTION UNTIL THE BOARD'S AUGUST 2,2010 MEETING Chairman Thompson reported that he has been working with North Carolina Department of Commerce Deputy Secretary Dale Carroll and others to assist in getting a portion of the City of Wilmington designated as a Targeted Employment Area. Mr. Carroll has requested the Board consider adopting a resolution requesting the North Carolina Department of Commerce to issue a Targeted Employment Area Letter to the United States Citizenship and Immigration Services designating a portion of downtown Wilmington as a Targeted Employment Area. The area commences at Third Street and runs to the Cape Fear River, and is bounded by the Cape Fear River Memorial Bridge and the Northeast Cape Fear River Bridge. The Federal government has a program for foreign investors who invest$500,000 in a Targeted Employment Area and meet the other requirements, after two years they are issued a permanent Green Card. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JULY 12,2010 PAGE 17 Chairman Thompson requested direction from the Board. After brief discussion concerning the need for more information, the consensus of the Board is to table the resolution until the Board's August 2, 2010 meeting. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 10:24 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.