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2010-08-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 26 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 16, 2010, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N.C. Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr., Commissioner Robert G. Greer, Commissioner William A. Caster; 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 Reverend Steve Hein, St.Andrews-Covenant Presbyterian Church, gave the invocation. Commissioner Caster 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 Chairman Thompson, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED 4 to 0. Commissioner Ted Davis, Jr. arrived at 9:03 a.m.following the Consent Agenda vote. 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 July 8, 2010 Regular Session meeting held on July 12, 2010 Special Meeting held on July 16, 2010 Regular Session meeting held on August 2,2010 Adoption of Resolution Approving the Disposal of Surplus Property—Finance Department The Commissioners, pursuant to North Carolina General Statutes Chapter 160A—Article 12, adopted the resolution approving the disposal of surplus property using the services of GovDeals, an online Internet based provider servicing government entities; any items not sold using GovDeals will be sold by any other method authorized by North Carolina General Statutes. A complete list of auction items is available for review in the Finance Department. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 17.1. Adoption of Resolution Approving the Sole Source Award to Municipal Emergency Services, Inc. for the Purchase of Globe Turnout Gear—Fire Services The Commissioners, pursuant to North Carolina General Statutes 143-129(e)(6), approved the sole source award to Municipal Emergency Services, Inc. in the amount of$48,150 for the purchase of Globe turnout gear. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 17.2. Ratification of a Safe Kids USA Walk This Way Environmental Task Force Grant Application Sponsored by FedEx—Health Department The Commissioners ratified a Safe Kids USA Walk This Way Environmental grant application sponsored by FedEx in the amount of$24,834. If awarded, the Health Department will administer the funds on behalf of the local task force to address child pedestrian safety in the Urban Core Zone as defined in the adopted Walk Wilmington comprehensive pedestrian plan, and will raise awareness of dangerous pedestrian environments, educate children about safe pedestrian behavior, advocate for law enforcement, and improve environmental conditions to decrease risks to child pedestrians. No new positions will be created and no County match is required. A copy of the grant application is available for review in the Health Department. Adoption of a Resolution Supporting the Cape Fear Regional Sustainable Planning Consortium Grant Proposal—Planning Department The Commissioners adopted the resolution supporting the Cape Fear Regional Sustainable Planning Consortium Grant Proposal with a commitment to develop a competitive proposal for grant funding for regional sustainable planning. The participating organizations of the consortium include Brunswick County, Pender County, City of Wilmington, WAVE Transit, Wilmington Metropolitan Planning Organization, Cape Fear Public Utility NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 27 Authority, Cape Fear Regional Community Development Corporation, Brunswick Housing Opportunities, Cape Fear Council of Governments, and New Hanover County. The Consortium will respond to a notice of funding availability issued by the US Department of Housing and Urban Development, US Department of Transportation, and US Environmental Protection Agency. No local match is required. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 17.3. Adoption of Resolution Approving the Exception to the Competitive Bid Process—Sheriff's Office The Commissioners, pursuant to North Carolina General Statutes 143-129(g), adopted the resolution approving the exception to the competitive bid process allowing the exception to "piggyback" the award of RFB #2010-10540 to Capital Ford, Inc.to expedite the purchase of the ten additional Crown Victoria vehicles at a cost of $21,152.68 each,in the total amount of$211,526.80 which is allocated in the Sheriff's Office FY 2010-2011 budget. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 17.4. Approval of Release of Tax Value—Tax Department The Commissioners granted the recommended taxpayers the senior citizen/disability, Veterans, or Circuit Breaker exclusion as follows: Cox,Arlington $ 45,000 Nasuti,Linda $ 45,000 Elkins,Lloyd $194,126 Peele,Marvin $ 64,180 Fipps,Vernell $ 76,676 Robinson,Lillie $ 53,716 Fulford, Jimmy $ 81,382 Rogers, Albert $ 45,000 Garrrabrant,Margery $155,468 Shearon,Thomas $ 45,000 Hinson,Florence $ 77,017 Southernland,Barbara $ 99,556 Johnson,Jeffrey $122,618 Teixeira,Zella $ 41,807 Johnson, Sara $ 45,000 Wade,Luther $ 45,000 Massengill,Kathleen $100,419 Weiss, Jean $ 68,360 Milligan,Hiram $ 69,883 Williams, George $ 74,964 Milligan,John $ 67,530 Wright,Margaret $120,489 Approval of Release of Taxes Barred—Tax Department The Commissioners,pursuant to North Carolina General Statute 105-378,released the 1999 unpaid taxes in the amounts listed below: Real Estate Personal Property Motor Vehicles Total Amount New Hanover $2,087.82 $39,062.66 $102,480.39 $143,630.87 Fire District $ 51.89 $ 1,175.28 $ 2,250.31 $ 3,477.48 Carolina Beach $ 333.20 $ 1,500.28 $ 2,451.71 $ 4,285.19 Kure Beach $ 0.00 $ 0.00 $ 340.43 $ 340.43 Wrightsville Beach $ 0.00 $ 203.08 $ 727.84 $ 930.92 Wilmington $ 592.48 $21,568.72 $ 61,168.13 $ 83,329.33 Approval of New Hanover County Board of Education FY10-11 Budget Resolution—Budget Department The Commissioners, at the request of the New Hanover County Board of Education, approved the New Hanover County Board of Education 2010-2011 Budget Resolution appropriating$15,000 of the Board of Education fund balance. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 17.5. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-0 14-Health 11-021 -Parks/Gardens/Senior Resource Center 11-024-Finance 11-025 -Finance 11-026—Budget 11-035—Board of Elections 2011-04- Sheriffs Office 2011-05 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book VIII,Page 17.6. 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 28 Five Year: Janice Covil, Sheriff's Office Ten Year: Linda Clover,Library Traci Smith,Department of Social Services Fifteen Year: Gayle Ginsberg,Parks, Gardens and Senior Resources Leigh Jackson,Health Department Twenty Year: Karen Batton,Parks, Gardens and Senior Resources Mark Vincent, Sheriff's Office Twenty-Five Year: Deborah Biddle, Sheriff s Office 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 employees, hired in June and July 2010, to stand and be introduced: Kathleen Papi,Health Department Ellen Connor,Health Department Burl Haynes, Sheriff s Office Melissa Poage,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. PUBLIC HEARING AND APPROVAL TO SUBMIT A RURAL OPERATING ASSISTANCE PROGRAM GRANT APPLICATION Chairman Thompson requested a motion to open the Public Hearing to receive comments concerning the submission of a Rural Operating Assistance Program grant application. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to open the Public Hearing to receive comments concerning the submission of a Rural Operating Assistance Program grant application. Upon vote,the MOTION CARRIED UNANIMOUSLY. Wave Transit Planner Matthew Kunic reported that New Hanover County is eligible to receive grant funds in the amount of $312,584 from the North Carolina Department of Transportation's Rural Operating Assistance Program for FY 2010-2011. Funding must be used to provide transportation services to specific populations of the unincorporated areas of the County. No local match is required. A public hearing is a requirement of the grant submission. The funding categories and amounts as determined by NCDOT are: • Elderly and Disabled Transportation Assistance Program in the amount of$141,894 • Employment Transportation Assistance Program in the amount of$52,187 • Rural General Public Transportation Program in the amount of$118,503 Hearing no comments from the public, Chairman Thompson requested a motion to close the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to close the Public Hearing to receive comments concerning the submission of a Rural Operating Assistance Program grant application. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson requested a motion to approve submitting the grant application for Rural Operating Assistance Program funds as presented. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the submission of a Rural Operating Assistance Program grant application as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Rural Operating Assistance Program Application for FY 2010-2011 is available for review in the County Manager's Office or the Wave Transit Office. NEW HANOVER COUNTY SCHOOLS INFORMATION UPDATE Dr. Eddie West, New Hanover County Interim Superintendent, congratulated teachers, administrators and support personnel for their individual and collective efforts to improve student achievement and presented a Power Point presentation highlighting that the system experienced overall significant improvement in 2009 in Adequate Yearly Progress(AYP). The theme for the 2010-2011 school year is"Making Tomorrow Together." After a brief question and answer period, Chairman Thompson thanked Dr.West for the update. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 29 AIRLIE GARDENS FOUNDATION,INC.ANNUAL UPDATE Jim Morton, Airlie Gardens Foundation, Inc. Board of Directors President stated that the mission of the Board is to establish an outstanding historic garden with cultural and environmental education programs that serve the residents and visitors of New Hanover County and presented the following update: • Goals and Messages: • Promote local,regional,and nationally the significance of a Historic Southern Garden. • Create a"Public Garden''in our community. • Create a sense of place and tranquility; a garden experience which will inspire visitors to return. • Promote the ideas of clean air and water. • Master Plan Goals: • Preserve and enhance the historic and ecological significance of the site. • Create a safe,accessible, and attractive garden experience. • Provide the needed infrastructure to operate and give accessibility to all visitors. • Provide environmental education and programming for New Hanover County school groups. • Airlie's Accomplishments: • Southern Living magazine featured Airlie Gardens numerous times; as well as hundreds of other publications around the country including a featured display in Washington DC's National Botanical Garden as one of the top seven properties saved from development in recent years. Landscape Architecture magazine selected Airlie°s azalea collection as one of the national recipients of Heroes of Horticulture award for preservation. • The North Carolina Tourism Association promotes Airlie's Butterfly House as the top new attraction in the state and Travelocity's has named Airlie as a top local favorite and secret find in North Carolina. • In 2009,Airlie welcomed over 85,000 tourists from across the country and around the world. • Last year more than 7,000 students were provided educational programming through the passive learning stations throughout the gardens. • Annually, more than 40,000 visitors and members crowd onto the Airlie Oak lawn from May until October to enjoy the Airlie Concert Series and over 20,000 visitors explored the Enchanted Airlie holiday display. • The annual Low Country Oyster Roast raises $50,000 for environmental education programs and projects. • The Airlie Foundation has invested more than $2 million in the last several years to infrastructure and garden restoration. Extensive garden renovations have included the Butterfly House, an ADA pathway improvement project and Tram system. • Additionally the Foundation as funded over $300,000 in environmental education programming for New Hanover County schools as well as other area learning institutions. • Airlie Butterfly House - $365,000 all private donations and the first permanent native butterfly house in the region. NEW HANOVER COUNTY PLANNING BOARD ANNUAL UPDATE Richard Collier, New Hanover County Planning Board Chairman, reported that one of the roles of the Planning Board is to hear zoning requests and make recommendations to the Board of Commissioners for approval or denial. Another role of the Planning Board is to determine study areas and make recommendations for policies and ordinances. Recently,this has been done with the development of the Castle Hayne neighborhood area plan,the establishment of the Exceptional Design Zoning District and the completion of the Low Impact Development Guidance Manual. Currently, the Planning Board is working with the appropriate stakeholders to review and revise the CAMA Land Use Plan. WATER QUALITY MONITORING PRESENTATION Senior Environmental Planner Shawn Ralston reported that New Hanover County contracts with Coastal Planning & Engineering of North Carolina, Inc. to monitor water quality on the seven creeks located within the unincorporated County. These creeks include Barnards Creek, Futch Creek, Lords Creek, Motts Creek, Pages Creek, Prince Georges Creek and Smith Creek. At each monitoring station, water quality samples are taken and analyzed for biological, physical, and chemical parameters. Monthly data is available on the County's website and staff meets quarterly with a Water Quality Task Force to discuss all water quality monitoring data sampled in New Hanover County. Coastal Planning & Engineering of North Carolina, Inc. representative Brad Rosov presented the monitoring results from June 2009 through May 2010. Nineteen monitoring stations within seven creeks in New Hanover County were monitored on a monthly basis for physical, chemical, and biological parameters of water quality. If the recorded value of a parameter exceeds the State standard less than 10% of the times sampled, the station will receive a"GOOD"rating for the parameter. A"FAIR"rating is assigned when a parameter exceeds the State standard 11-25%of the times sampled. Parameters measured that exceed the State standard more than 25%of the sampling times are given a"POOR"rating. The ratings by watershed are listed below: Barnards Futch Lords Motts Pages Prince Smith Parameter Creek Creek Creek Creek Creek Georges Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD FAIR GOOD GOOD POOR POOR GOOD Chlorophyll-a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci POOR GOOD POOR POOR POOR POOR POOR Fecal Coliform N/A POOR N/A N/A POOR N/A N/A NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 30 In conclusion, the County's water quality has generally remained good with the exception of increasing bacteria levels. While storm water runoff certainly contributes to pollutant loading,there is continued speculation of septic or sewer contamination. Natural processes, such as rainfall, may contribute to the dynamic water quality conditions within the county. Planner Ralston continued reporting that the City of Wilmington is also performing water monitoring within the City limits and New Hanover County Environmental Health is monitoring the Cape Fear River near Riverside Park at ten sampling locations. The goal of the water monitoring is to measure overall health of each watershed and address public health concerns. A brief question and answer period was held. A complete copy of the PowerPoint presentation and monitoring results are available for review on the County's website through the Planning and Inspections Department homepage. APPROVAL TO CONTRACT WITH COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. FOR A FEASIBILITY STUDY TO EXPLORE ALTERNATE FUNDING FOR BEACH RENOURISHMENT PROJECTS County Engineer Jim Iannucci reported that on October 19, 2009, the Board directed staff to submit a Request for Qualifications for a feasibility study to explore alternate funding for beach renourishment projects. Five firms responded and submitted their qualifications for consideration. Based on the qualification package and interview outcomes with the evaluation committee, Coastal Planning & Engineering of North Carolina, Inc. is the recommended firm. The feasibility study will give the County a better understanding of possible permitting and funding options and will include the benefits and risks associated with assuming partial or complete financial responsibility for these shoreline protection projects. Staff requests that the Board approve entering into contract negotiations with Coastal Planning & Engineering of North Carolina, Inc. for a feasibility study to explore alternate funding for beach renourishment projects in an amount not to exceed$93,270 with the funds allocated from the Beach Renourishment portion of the Room Occupancy Tax Fund. In response to Board questions, Mr. Iannucci clarified that the scope of the proposed contract is different than the contract with Marlow and Company. The Marlow and Company contract is limited to keeping the County apprised of Federal-level funding. The proposed contract with Coastal Planning&Engineering of North Carolina, Inc. will examine other possible funding options and opportunities. The scope of the proposed feasibility study is beyond what staff is able to perform. In response to Board questions and concerns, Mr. Iannucci clarified that the contract is only a draft with rough numbers attached. If approved by the Board to proceed, the evaluation committee will continue to meet to negotiate the terms and cost associated with the terms of the contract. If Coastal Planning&Engineering of North Carolina, Inc. is the selected firm then the contract negotiations will begin with a final contract coming back before the Board for final approval. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve entering into contract negotiations with Coastal Planning&Engineering of North Carolina, Inc. for a feasibility study to explore alternate funding for beach renourishment projects in an amount not to exceed $93,270 with the funds allocated from the Beach Renourishment portion of the Room Occupancy Tax Fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADMINISTRATION OF OATH OF OFFICE FOR COLLECTOR OF REVENUE MARION D. HARRELL, ACCEPTANCE OF THE 2009 COLLECTION SETTLEMENT REPORTS AND AUTHORIZATION OF THE 2010 TAX LEVY CHARGE Chairman Thompson reported that the Board is being requested to appoint Marion D. Harrell as Collector of Revenue for a term of two years,from August 16,2010—August 16, 2012,accept the 2009 Collection Settlement Reports and authorize the Charge of the 2010 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349 and requested direction from the Board. Ms. Harrell presented the 2009 Collection Settlement Reports highlighting that the overall combined collection rate for 2009 is 98.64%or $150,707,617. The collection rate for 2009 for the Fire District is 98.68%or $7,438,127. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to accept the 2009 Collection Settlement Reports. Upon vote,the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to authorize the Charge of the 2010 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 31 Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to reappoint Marion D. Harrell as Collector of Revenue for a term of two years, from August 16, 2010 — August 16, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Thompson administered the Oath of Office to Marion D. Harrell, Collector of Revenue. A copy of the oath of office and charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 17.7. ADMINISTRATION OF OATH OF OFFICE FOR TAX ADMINISTRATOR ROGER L.KELLEY Chairman Thompson reported that the Board is being requested to reappoint Roger L. Kelley as Tax Administrator for a term of two years from August 16, 2010 — August 16, 2012 as required by North Carolina General Statute 105-294. In response to Board questions, County Manager Bruce Shell confirmed that it is his recommendation that Roger L. Kelley be reappointed as Tax Administrator for a term of two years from August 16, 2010 —August 16, 2012. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster,to reappoint Roger L. Kelley as Tax Administrator for a term of two years from August 16, 2010 —August 16, 2012 as required by North Carolina General Statute 105-294. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson administered the Oath of Office to Roger L.Kelley, Tax Administrator. A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 17.8. 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 two applicants eligible for reappointment and one new application having been received and requested nominations from the Board. Commissioner Caster nominated Lorraine McEvoy and Oliver F. Schreiber for reappointment and nominated Sharon C.Luquire for appointment. The nominations were seconded by Vice-Chairman Barfield. Hearing no further nominations Chairman Thompson closed the nominations and called for a vote on the nominations. Vote: The Board voted unanimously to reappoint Lorraine McEvoy and Oliver F. Schreiber to serve three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on August 31, 2013 and appoint Sharon C. Luquire to serve a one-year term on the Adult Care Home Community Advisory Committee with the term to expire on August 31, 2011. Appointments to the Library Advisory Board Chairman Thompson reported that four vacancies exist on the Library Advisory Board with two applicants eligible for reappointment and three new applications available for consideration and requested nominations from the Board. Commissioner Caster nominated Maiv E. Hatcher for reappointment. Commissioner Greer seconded the nomination. Commissioner Caster nominated Jennifer Lynn Rohler for reappointment. Vice-Chairman Barfield seconded the nomination. Commissioner Caster nominated Virginia Teachey. Chairman Thompson seconded the nomination. Vice-Chairman Barfield nominated Elizabeth Stanfield-Maddox. Commissioner Caster seconded the nomination. Commissioner Davis nominated John Osinski. No second was received. Hearing no further nominations, Chairman Thompson closed the nominations. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to reappoint Mary E. Hatcher and Jennifer Rohler and to appoint Virginia Teachey and Elizabeth Stanfield-Maddox to serve three-year terms on the Library Advisory Board with the terms to expire on August 31, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 32 No items were presented. ADDITIONAL AGENDA ITEMS PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING IN PRINCIPLE THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY RECOVERY ZONE FACILITY BOND (WILMINGTON REGIONAL ASSOCIATION OF REALTORS PROJECT),SERIES 2010 Chairman Thompson reported that the New Hanover County Industrial Facilities and Pollution Control Financing Authority (Authority) proposes to issue its $3,500,000 Recovery Zone Facility Bond (Wilmington Regional Association of Realtors Project), Series 2010. The proceeds of the Bonds will be loaned to Wilmington Regional Association of Realtors and used to finance a new headquarters and meeting facility. The Bonds qualify as "recovery zone facility bonds"under the American Recovery and Reinvestment Act of 2009. The New Hanover County Industrial Facilities and Pollution Control Financing Authority have passed an inducement resolution with respect to the Project and the Bonds, and the Project and the Bonds have received an allocation of authority to issue bonds from the North Carolina Tax Reform Allocation Committee. Branch Banking and Trust Company has agreed to purchase the bonds in a private placement. This issue is scheduled to be considered by the Local Government Commission on September 7, 2010. One of the steps in the process required by State law and Federal tax law is to have the County Commissioners hold a public hearing,and then"approve in principle"the issuance of the bonds for this project. The hearing must be held after notice thereof is published in the paper 14 days ahead of time. Notice of the hearing was published on August 2,2010. The borrower will be solely responsible for the repayment of the Bonds. Neither the County nor the Authority will be liable for repayment of the Bonds. The Bonds do not constitute a debt of the State of North Carolina or any political subdivision thereof, including the Authority or the County, or a pledge of the faith and credit of the State of North Carolina,the County or the Authority. Chairman Thompson requested a motion to open the Public Hearing to receive comments on proposed financing for the Wilmington Regional Association of Realtors. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to open the Public Hearing to receive comments on proposed financing for the Wilmington Regional Association of Realtors. Upon vote, the MOTION CARRIED UNANIMOUSLY. The following comments were received: John D. Lennon, Wilmington Regional Association of Realtors, stated that the Public Hearing requirement was a step in the process to obtain the requested financing. Steve Diab, Attorney for the New Hanover County Industrial Facilities and Pollution Control Financing Authority, clarified that the bonds will not be a debt of the State or County and the Public Hearing is a requirement of State law and Federal tax law. Hearing no further comments from the public, Chairman Thompson requested a motion to close the Public Hearing. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to close the Public Hearing to receive comments on proposed financing for the Wilmington Regional Association of Realtors, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Thompson requested a motion to adopt the resolution approving in principle the New Hanover County Industrial Facilities and Pollution Control Financing Authority Recovery Zone Facility Bond (Wilmington Regional Association of Realtors Project), Series 2010 as presented. Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Thompson, to adopt the resolution approving in principle the New Hanover County Industrial Facilities and Pollution Control Financing Authority Recovery Zone Facility Bond (Wilmington Regional Association of Realtors Project), Series 2010 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 17.9. ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE SUBSTITUTION OF A LIQUIDITY FACILITY FOR THE NEW HANOVER REGIONAL MEDICAL CENTER REVENUE REFUNDING BONDS Finance Director Avril Pinder presented the resolution for the Board's consideration to determine the advisability of replacing the existing liquidity facility for the Bonds provided by Wells Fargo Bank, N.A. with a substitute liquidity facility provided by Bank of America,N.A. for the New Hanover Regional Medical Center. The Board must authorize and direct the County Manager, the Finance Director and the County Attorney to file an NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 16,2010 PAGE 33 application with the Local Government Commission for its approval of the replacement of the existing liquidity facility and that the Chairman and Vice-Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board must be authorized and directed to do any and all things necessary to effectuate the replacement of the existing liquidity facility. Substantial savings will be realized in the amount of$3 million,if not completed,there will be an additional cost in the amount of$4 million. Chairman Thompson reported that for the Board's consideration is a resolution directing the filing of an application with the Local Government Commission for approval of the substitution of the liquidity facility for the County's Variable Rate Hospital Revenue Refunding Bonds Series 2005A-1, Series 2005A-2, Series 200513-1 and Series 200513-2 and the appointment of a financing team to effect the substitution of such liquidity facility. Chairman Thompson requested a motion to adopt the resolution directing the filing of an application with the Local Government Commission for approval of the substitution of a liquidity facility for the county's hospital revenue refunding bonds as presented. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution directing the filing of an application with the Local Government Commission for approval of the substitution of a liquidity facility for the County's Variable Rate Hospital Revenue Refunding Bonds Series 2005A-1, Series 2005A-2, Series 200513-1 and Series 200513-2 and the appointment of a financing team to effect the substitution of such liquidity facility 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 VIII,Page 17.10. CAPE FEAR MUSEUM ACCREDITATION ANNOUNCEMENT Cape Fear Museum Director Ruth Haas reported that in a letter dated August 10, 2010, Cape Fear Museum of History and Science received notification that the museum has been awarded accreditation by the American Association of Museums Accreditation Commission. In the State of North Carolina there are only 22 museums that have their accreditation and Cape Fear Museum is the only one in southeast North Carolina. CONTACT WITH R3 ENVIRONMENTAL LLC FOR SOLID WASTE MANAGEMENT UPDATE Assistant County Manager Chris Coudriet provided an update on the solid waste contract negotiations with R3 Environmental, LLC stating that according to Rick Sapir, outside counsel for the County, a response to Draft#1 of the contract is expected from R3 by the end of the week. The forty-two page term sheet has become a 150 page contract with approximately 200 pages of appendices. According to all indications, there are no subsequent questions or issues and a date of September 1, 2010 is estimated for final contract execution. Staff will keep the Board apprised of the status of the contract. FIRE SERVICES CONSOLIDATION UPDATE Assistant County Manager Chris Coudriet provided an update on the Fire Services Consolidation stating that the Fire Commission, at their meeting on Monday, August 9, 2010, voted unanimously to recommend moving forward with the consolidation. The consolidation of Fire Services will be on the Board's September 7, 2010 agenda for consideration. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 11:04 a.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.