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HomeMy WebLinkAbout2010-09-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 36 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 7, 2010, at 6:00 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 Chairman Thompson recognized the passing of Lance Corporal Ross Carver who was killed Thursday while on a special mission in Marjah,Afghanistan and extended condolences to his wife, family and friends. Lance Corporal Carver was a graduate of Laney High School. Pastor Bryan McGee,ROCK Church, gave the invocation. Commissioner Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on August 12, 2010 Regular Session meeting held on August 16,2010 Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of a portion of Harnett Avenue located at the intersection of State Road NC 133 (Castle Hayne Road) and Harnett Avenue (non-system roadway) located within New Hanover County (Division File No. 1165-N). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 18.1. Adoption of Proclamation Recognizing September 17-23,2010 as Constitution Week in New Hanover County —County Manager The Commissioners, at the request of Lynn Benson, National Society Daughters of the American Revolution, adopted the proclamation recognizing September 17-23, 2010 as Constitution Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 18.2. Acceptance of Senior Health Insurance Information Program Grant Funds and Adoption of Budget Ordinance Amendment 11-048—Parks,Gardens and Senior Resource Center The Commissioners accepted Senior Health Insurance Information Program Grant Funds from the North Carolina Department of Insurance in the amount of$6,421 and adopted Budget Ordinance Amendment 11-048. The funds will be used to provide education, outreach, and advocacy for senior residents on all Medicare issues (supplements,prescription drug plans,and long-term care health insurance). No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 18.3. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-028-Parks, Gardens, Senior Resource Center 11-029-Parks, Gardens, Senior Resource Center NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 37 11-030-Parks, Gardens, Senior Resource Center 11-036- Social Services 11-038-Property Management 11-041 -Health 11-042-Health 11-047-Parks, Gardens, Senior Resource Center 2011-08- Sheriffs Office 2011-09- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 18.4. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2010 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERYMONTHIN NEW HANOVER COUNTY Catrecia McCoy Bowman, Information and Communication Specialist with Southeastern Center, submitted the request for the Board's consideration to proclaim September 2010 as National Alcohol and Drug Addiction Recovery Month in New Hanover County. This year's theme is "Join the Voices for Recovery: NOW MORE THAN EVER". Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing September 2010 as National Alcohol and Drug Addiction Recovery Month in New Hanover County. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 18.5. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2010 AS HUNGER ACTION MONTH IN NEW HANOVER COUNTY Jennifer Caslin, Wilmington Branch Development Manager of the Food Bank of Central &Eastern North Carolina, submitted the request for the Board's consideration to proclaim 2010 as Hunger Action Month in New Hanover County and was present to receive the proclamation. Commissioner Davis read the proclamation into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing September 2010 as Hunger Action Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 18.6. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2010 AS LITERACY AWARENESS MONTH AND SEPTEMBER 8, 2010 AS INTERNATIONAL LITERACY DAY IN NEW HANOVER COUNTY Rachel Forman, Community Outreach Coordinator for the Cape Fear Literacy Council, submitted the request for the Board's consideration to proclaim September 2010 as Literacy Awareness Month in New Hanover County and September 8, 2010 as International Literacy Day in New Hanover County and was present to receive the proclamation. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing September 2010 as Literacy Awareness Month in New Hanover County and September 8, 2010 as International Literacy Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 18.7. APPROVAL OF REQUEST BY NEW HANOVER COUNTY SCHOOL SYSTEM FOR ONE ADDITIONAL SCHOOL RESOURCE OFFICER FOR HOLLY SHELTER MIDDLE SCHOOL AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-046 Sheriff Ed McMahon presented the request by the New Hanover County School System for one additional School Resource Officer to be placed at the newly opened Holly Shelter Middle School. At the Schools request, there are full-time School Resource Officers(Sheriff Office Deputies)on duty in each of the County's seven middle schools. A yearly Letter of Understanding is executed between the County and the Schools for these services with the school system reimbursing the County for the School Resource Officers' salaries and fringe benefits. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 38 deputies are employees of New Hanover County. In response to Board questions, Budget Director Cam Griffin clarified that the school system will reimburse the County in the amount of$40,244 for the additional resource officer, the Nova Net Program is being eliminated,therefore, $9,000 will be eliminated from the Letter of Understanding for this program. Staff is requesting the Board approve the addition of one School Resource Officer (Sheriff's Office Deputy) for the new Holly Shelter Middle School, delete $9,000 included in the Letter of Understanding for the Nova Net Program,and adopt Budget Ordinance Amendment 11-046. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED,by Vice-Chairman Barfield,to approve the addition of one School Resource Officer(Sheriff's Office Deputy) for the new Holly Shelter Middle School, delete$9,000 included in the Letter of Understanding for the Nova Net Program and adopt Budget Ordinance Amendment 11-046. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 18.8. A copy of the contract is available for review in the Legal Department. ADOPTION OF RESOLUTION AUTHORIZING THE LIQUIDITY FACILITY SUBSTITUTION AND SUBSEQUENT REMARKETING OF THE VARIABLE RATE HOSPITAL REVENUE REFUNDING BONDS (NEW HANOVER REGIONAL MEDICAL CENTER) SERIES 2005A-1, SERIES 2005A-2, SERIES 200511-1 AND SERIES 2005B-2 AND ADOPTION OF RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO THE SERIES RESOLUTION Chairman Thompson stated that before the Board is a resolution authorizing the Liquidity Facility Substitution and Subsequent Remarketing of the Variable Rate Hospital Revenue Refunding Bonds and authorizing the execution and delivery of documents. Presently, Wells Fargo Bank provides the liquidity facility that benefits the Bonds,which is set to expire on December 14, 2010. New Hanover Regional Medical Center has selected Bank of America to be the provider of a replacement liquidity facility for the Bonds. Copies of a draft of a Remarketing Supplement to the Official Statement and a Standby Bond Purchase Agreement relating to the liquidity facility substitution have been on file with the County and have been made available to the Board. Chairman Thompson requested a motion to adopt the resolution authorizing the Liquidity Facility Substitution and Subsequent Remarketing of the Variable Rate Hospital Revenue Refunding Bonds and authorizing the execution and delivery of documents. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer,to adopt the resolution authorizing the Liquidity Facility Substitution and Subsequent Remarketing of the Variable Rate Hospital Revenue Refunding Bonds and authorizing the execution and delivery of documents as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. In response to Board questions, Finance Director Avril Pinder reported the savings annually are estimated to be in the amount of$1.5 million. Chairman Thompson continued reporting that any actions of the County Manager, the Finance Director, and the County Attorney effectuating the liquidity facility substitution and execution and delivery of documents are ratified. The Chairman or Vice-Chairman, County Manager, the Finance Director, the Clerk to the Board and the County Attorney are authorized to take any further actions and to execute and deliver such other documents as may be necessary to carry out the intent of this Resolution. Also before the Board is a First Amendment to the Series Resolution to the series resolution adopted by the Board on December 7, 2005. This resolution is necessary to amend the terms of the Series Resolution to facilitate the replacement of the existing liquidity facility with a substitute liquidity facility. Chairman Thompson requested a motion to adopt the resolution to amend the terms of the Series Resolution to facilitate the replacement of the existing liquidity facility with a substitute liquidity facility. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution to amend the terms of the Series Resolution to facilitate the replacement of the existing liquidity facility with a substitute liquidity facility. Upon vote,the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book VIII,Page 18.9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 39 PUBLIC HEARING AND APPROVAL TO AFFIRM THE DECISION OF THE PLANNING BOARD AFFIRMING THE DECISION BY THE TECHNICAL REVIEW COMMITTEE TO DENY THE REQUEST BY THE BELLE MEADE HOMEOWNER'S ASSOCIATION TO RE-DESIGNATE PINE HOLLOW DRIVE AND MCGINNIS LANE FROM PUBLIC TO PRIVATE (SA-27,08/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Subdivision Planner Sam Burgess presented the request by Mary Margaret McEachern, on behalf of the Belle Meade Plantation Homeowner Association, to overturn the decision of the County's Planning Board and the Technical Review Committee's decision to deny re-designation of Pine Hollow Drive (4200 block) and McGinnis Lane(500-699 block)from public to private and presented a slide overview of the request. In May, 2005, a final plat displaying the road network for Belle Meade Plantation was approved by the County and recorded in the New Hanover County Register of Deeds. Pine Hollow Drive and McGinnis Lane were designated on the final plat as public. North Carolina Department of Transportation Construction Plan drawings for the road network were approved the same month. In June, 2010, the Technical Review Committee voted 5-0 affirming that the roads in Belle Meade Plantation remain designated as public based on the following: 1) The roads were intended to be public and were approved as public as displayed on the preliminary site plan and final plat of Belle Meade Plantation. NCDOT construction plan drawings were submitted, approved and certified in accordance with NCGS 136-102.6;and 2) The removal of the public road designation to private may inhibit emergency service delivery and in violation of Section 41-1 (7)(f) of the County's Subdivision Ordinance pertaining to street connectivity requirements;and 3) The public road is a valuable asset in the existing transportation system and a useful alternative for collecting traffic from all the surrounding development for access to Carolina Beach and South College Roads. Staff acknowledges that the roads have not been formally submitted for acceptance for maintenance by NCDOT. The most prudent procedure to follow would be to complete a SR-1 Petition and appropriate support information to NCDOT to consider and accept the roads onto their maintenance system to enhance public safety through law enforcement and minimize the cost of special assessments when road life begins to fail.The opportunity still exists for the homeowners to complete a SR-1 Petition and eventually be accepted for State maintenance by NCDOT the residents then may petition NCDOT for the installation or utilization of traffic tables or traffic calming devices to reduce potential safety concerns. At its August 5, 2010 meeting,the Planning Board voted 5-0 denying the applicant's appeal and upholding the Technical Review Committee's decision not to re-designate the roads in Belle Meade Plantation from public to private. Several residents spoke in favor of the applicant's request; several emails were recently received from concerned residents requesting the streets remain public. In the interest of good planning and transportation policy, the County has exercised its professional expertise and authority to deny modification. Staff concurs with the decision made by TRC and recommendation by the Planning Board. Chairman Thompson requested the Petitioner to make their presentation. Mary Margaret McEachern, attorney for the Belle Meade Homeowners Association, presented a history of the Belle Meade Plantation subdivision requesting the Board reverse the Planning Board's decision upholding the Technical Review Committee's original denial of the request for re-designation of the streets from public to private and allow the Homeowners Association to proceed with the recording of a new plat to ensure consistency with its restrictive covenants and in keeping with its character as a private neighborhood based on the following: • The Technical Review Committee erred in concluding that the subdivision roads are public simply because the "roads were approved as public on the preliminary site plan and final plat, constructed to NCDOT specifications,and recorded as public roads." • The Technical Review Committee erred in concluding that removal of public roads to private may be in violation of Section 41-1(7(f)of the County's Subdivision Ordinance involving road interconnectivity. • No public dedication has been recorded so the roads should be ruled as private. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. John Hayes, Belle Meade Plantation Homeowners Association President, requested the Board allow the homeowners to designate the plat to a private status stating his concerns about traffic and safety. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Matt DiGioia, spoke in opposition to the request addressing the importance of intercomnectivity° highlighting that the roads were in place when the homeowners purchased their homes. Chairman Thompson asked for rebuttal comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 40 In rebuttal comments, Bill Hatcher, Belle Meade Plantation Homeowners Association Secretary, requested the Board not forget that the roads were dedicated but never accepted. He stated that the speed bumps and planters were put in place by the homeowners to address traffic and safety concerns. In rebuttal comments, Attorney McEachern stated that although this is a very narrow legal issue she requested the Board allow the roads to be made private. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. In response to Board questions,Planning Director Chris O'Keefe clarified that the Sheriffs office does not have authority on streets that do not have state road numbers. The Technical Review Committee's ruling was based on the opinion that this is an important collector street and is not in the best interest of the public to be made private. In response to Board questions, Assistant County Attorney Sharon Huffman clarified that the roads are currently public but are privately maintained because the developer dropped the ball and the petition to get the roads entered into the NCDOT maintenance system was never done. She referenced a letter from NCDOT District Engineer Cumbo dated July 2004 giving preliminary plan approval and advising the developer that a petition needed to be filed with NCDOT for acceptance into the state road system. At the time when the Technical Review Committee denied the request to make the roads private they suggested that the homeowners begin the petition process and once that process was completed and the roads accepted into the state road system several things would occur such as the posting of speed limit signs, the enforcement of the speed limit by the Sheriff s Office and legal speed bumps could be installed. The Sheriffs Office is more than happy to patrol this area and work with the homeowners; citations can be written but no specific speed limit citation can be written. The Plat was recorded and states that it is a pubic road; the Technical Review Committee believes it is important that the road remains a public road. Commissioner Greer voiced his concern that the County needs a proper mechanism in place to address the issue of what needs to be done when a developer has completed a development the homeowners didn't know what they were suppose to do. He requested that Planning Staff address this issue and bring a proposal to the Board for consideration. Vice-Chairman Barfield agreed that although the developer did not file the proper petition to turn the roads over to the State,the homeowners had the opportunity to do so,but chose not to. Chairman Thompson stated that the Board understands the homeowners' concerns about speed and safety but questioned why they did not file the petition to have the roads entered into the State road system so there would be mechanisms to address these issues. In response to Board questions, Mr. Hayes stated that speed is a major concern and there isn't interconnectivity because Cambridge Heights is private. In response to Board questions, Planning Director O'Keefe stated that Cambridge Heights is not as far along in the development process as Belle Meade Plantation and the roads were not built to NCDOT specifications. The roads in Cambridge Heights will need maintenance before they can be turned over to NCDOT but they are dedicated for public use. Hearing no further comments, Chairman Thompson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to affirm the decision of the Planning Board to affirm the Technical Review Committee's decision to deny the request of the Belle Meade Homeowner's Association to re-designate Pine Hollow Drive and McGinnis Lane from public to private. Upon vote,the MOTION CARRIED UNANIMOUSLY. Commissioner Greer stated that he would like to see the problem worked out with the homeowners and offered the following substitute motion. Substitute Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to postpone a decision on the issue thirty days to allow staff to work with the homeowners for a reasonable solution. In response to Board questions, Chad Biggerstaff, a resident of Belle Meade Plantation, stated that his front door is eleven steps from the street and cars go by his house at 50 and 55 miles per hour and he is very concerned about safety issues. Attorney McEachern asked the Board to consider making an exception and allow the re-plat to happen with conditions so that the homeowners would not have to go through the NCDOT process but traffic calming devices and other such tools could be added to address the traffic and safety concerns. In response to Board questions concerning the request by Attorney McEachern,Planning Director O'Keefe stated that he did not believe it was in the best interest of the County to do this and it would set a precedent. Staff does not support recording roads as private but for public use for collector streets. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 41 Based on Board discussion with staff voicing concern that putting off the decision for thirty days will not change anything, Chairman Thompson withdrew his second to the Substitute Motion and asked if there was a another second to the substitute motion. Hearing none,the motion died. Chairman Thompson called for a vote on original motion. Motion: Vice-Chairman MOVED, SECONDED by Commissioner Caster, to affirm the decision of the Planning Board to affirm the Technical Review Committee's decision to deny the request of the Belle Meade Homeowner's Association to re-designate Pine Hollow Drive and McGinnis Lane from public to private. Upon vote,the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. APPROVAL OF MASON INLET RELOCATION MAINTENANCE PROJECT CONTRACT WITH FIGURE 8 BEACH HOMEOWNERS'ASSOCIATION County Engineer Jim Iannucci presented the request for the Board's consideration to contract with the Figure 8 Beach Homeowners' Association for the Mason's Inlet Relocation Project maintenance event. The Figure 8 Beach Homeowners' Association has agreed to undertake the current Mason Inlet Relocation Project maintenance event, at their own cost and expense. This is an identical arrangement as was approved by the Board on November 19, 2007. The maintenance is completed under the federal and state permits secured by the County for management of the Relocation Project. The Association will contract with a contractor to dredge the Mason Creek, Mason Inlet Channel Corridor and the Intercoastal Waterway at the mouth of Mason Creek with the Association retaining the dredged sand and without being subject to an assessment for the sand. Work is to begin this fall and will be completed on or before March 30,2011. After a brief discussion, Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to approve contracting with the Figure 8 Beach Homeowners' Association for the Mason's Inlet relocation project maintenance event as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. BREAK Chairman Thompson called for a break from 8:02 p.m.until 8:10 p.m. APPROVAL OF CONSOLIDATION OF NEW HANOVER COUNTY FIRE DISTRICTS INTO TWO DISTRICTS WITH NEW HANOVER COUNTY AS THE PRIMARY PROVIDER OF FIRE AND RESCUE SERVICES IN THE UNINCORPORATED AREAS OF THE COUNTY County Manager Bruce Shell presented the request for the Board's consideration to consolidate New Hanover County Fire District into two districts with New Hanover County as the primary provider of fire and rescue services in the unincorporated areas of the county. Final recommendations were reported to the Board of County Commissioners on February 1, 2010. The Board directed the County Manager to review the plan and provide direction back to the Board. It is the recommendation of the County Manager to consolidate Castle Hayne Volunteer Fire District, Wrightsboro Volunteer Fire District, Myrtle Grove Volunteer Fire District, Federal Point Volunteer Fire District, and New Hanover County Fire Services into two insurance districts with New Hanover County as the primary provider to become effective October 1,2010. Fire Chief Donnie Hall reported that this change will provide some residents with lower insurance rates, consistency in service delivery, and a single insurance rating for each district. Existing volunteer fire organizations will be operationally merged into the County system;their members are welcomed and encouraged to continue their service with New Hanover County. Staff is requesting the Board approve consolidating the existing Fire Service Districts into two districts(one north end and one south end) with command and control and primary response provided by New Hanover County Fire Services. The new combined system will include volunteer fire fighters and volunteer officers. Significant groundwork toward an October 1,2010 transition has been accomplished. In response to Board questions Fire Chief Hall reported that the consolidation plan does not reduce the number of fire stations but reduces the number of insurance districts. Numerous changes have been made to the plan in response to concerns raised by the Volunteer Consolidation Task Force. The Board held a brief discussion highlighting that the Fire Commission voted unanimously to endorse the consolidation plan and encouraged staff to continue working with the volunteers to build trust. In response to Board questions, Fire Chief Donnie Hall reported that staff has looked at several different scenarios but that he could not say whether the consolidation would cost or save money in the long run. In response to Board questions, Senior Budget Analyst Beth Schrader clarified that either way, with or without consolidation,there will need to be an increase in the Fire District tax;the question is how high the increase will be;the consolidation will be less expensive than maintaining the status quo. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 42 After brief discussion, Chairman Thompson requested direction from the Board. Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve consolidating the existing Fire Service Districts into two districts with command and control and primary response provided by New Hanover County Fire Services effective October 1,2010. Upon vote,the MOTION CARRIED UNANIMOUSLY. APPROVAL OF LEGISLATIVE GOALS TO BE SUBMITTED TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS FOR THEIR CONSIDERATION TO BE INCLUDED IN THE LEGISLATIVE GOALS FOR THE 2011-2012 GENERAL ASSEMBLY SESSION Budget Director Cam Griffin presented the request for the Board's consideration to submit legislative goals to the North Carolina Association of County Commissioners for the 2011-2012 General Assembly session. The deadline for submitting goals is September 15, 2010. After Board discussion,the following recommended legislative goals are: • Seek legislation modernizing the annexation laws. • Seek legislation supporting more local revenue options for counties to reduce county dependence on the property tax. • Seek legislation to eliminate second primary elections. • Seek legislation to increase mental health funding to ensure that state funded services are available, accessible, and affordable to all citizens • Seek legislation to reinstate and increase the reimbursement rate for state inmates in county jails. Hearing no further discussion, Chairman Thompson offered the following motion. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to direct staff to submit the goals as presented to the North Carolina Association of County Commissioners and to prepare the necessary forms and letter for signature by the Chairman. 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. No items were presented. ADDITIONAL AGENDA ITEMS OF BUSINESS CONTRACT WITH R3 ENVIRONMENTAL LLC FOR SOLID WASTE MANAGEMENT UPDATE Chairman Thompson reported that on July 12, 2010, R3 Environmental LLC was selected by the Board as the preferred innovative contractor for New Hanover County solid waste management, and staff was directed to attempt term sheet negotiations. R3 has requested additional time to finalize financing arrangements. Chairman Thompson presented the motion allowing R3 Environmental LLC an additional period of time to execute the contract for solid waste management in New Hanover County. Motion: Chairman Thompson MOVED to allow R3 Environmental LLC an additional period extending on and until 4:30 p.m. Thursday, September 30, 2010 to execute the above referenced contract, with the understanding that failure to execute on or before said date shall constitute a forfeit of the cash bid deposit in the amount of $384,024.13. In discussion of the motion, Vice-Chairman Barfield suggested adding the wording to the motion that contract negotiations will be terminated. In response to Board questions,Assistant County Manager Chris Coudriet stated that the proposed contract will be presented to the Board for approval before executed. R3 is working through internal financing issues and staff will know very soon if the issues have been resolved. Consensus has already been reached on the main points of the contract and appendices. In response to Board questions, County Manager Shell reported that he has seen the letter of intent by National Standards Finance but they felt a greater focus needed to be placed on ensuring that the incinerator was viable. Commissioner Greer stating that he was not in favor or another delay and voiced his concern that this is the third delay and it seems the situation is getting worse instead of better. Commissioner Greer voiced his concern stating that it was his understanding that the County has continued to pay the consultant,Bob Brickner,and$25,000 more has been spent. Assistant County Manager Coudriet responded that Bob Brickner was providing a service to the County. County Manager Shell suggested keeping the drop dead date of September 30t"but schedule a work session immediately following the Board's regular meeting on September 20th allowing the Board the opportunity to review and make changes to the contract. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 7,2010 PAGE 43 In response to Board discussion, Chairman Thompson offered the following modified motion. Modified Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to allow R3 Environmental LLC an additional period extending on and until 4:30 p.m. Thursday, September 30, 2010 to execute the above referenced contract, with a final draft contract for Board consideration available no later than September 20, 2010, with the understanding that failure to execute on or before said date shall constitute a forfeit of the cash bid deposit in the amount of$384,024.13 unless delayed by the Board and negotiations will be terminated. Upon vote,the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 9:12 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 and on www.nhcgov.com/NHCLive or www.nhcgov.con/ gges.BOC/aspy