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.