2011-11-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 21,2011 PAGE 295
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 21,
2011, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington,NC.
Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson;
Commissioner Ted Davis, Jr.; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the
Board Sheila L. Schuh and County Manager Bruce T. Shell.
Chairman Barfield called the meeting to order and welcomed everyone present.
Commissioner Brian M.Berger arrived 9:06 a.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Donnie Lovette, Calvary Baptist Church,provided the invocation.
Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF FOLLOWING CONSENT AGENDA ITEMS
Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Vice-Chairman Thompson requested the Board recuse him from the vote on Consent Agenda Item 2 -
Adoption of Resolution Awarding the Contract for the Purchase of Cover Soil for the Landfill to G.J.Adams
Trucking, Inc. stating that his employer produces this material and G. J. Adams Trucking, Inc. could potentially
contract with them for the purchase of the material.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Davis, to recuse Vice-Chairman Thompson
from Consent Agenda Item 2 -Adoption of Resolution Awarding the Contract for the Purchase of Cover Soil
for the Landfill to G.J.Adams Trucking,Inc. Upon vote,the MOTION CARRIED 4 TO 0.
Vice-Chairman Thompson requested the minutes be approved as presented with the exception of Item 10—
Consideration of Buy-Sell Agreement for the Purchase of 127 South College Road from the minutes of the Regular
Meeting held on November 7, 2011 and bring it back at the next meeting stating that he would like to see further
expansion of the synopsis.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the minutes as
presented with the exception of Item 10 - Consideration of Buy-Sell Agreement for the Purchase of 127 South
College Road of the minutes of the Regular Meeting that was held on November 7, 2011 until the next meeting.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
Approval of Minutes—Governing Body
The Commissioners approved the following minutes as presented by the Clerk to the Board:
Agenda Review Meeting held on November 3,2011
Regular Meeting held on November 7,2011 with the exception of Item 10-Consideration of Buy-
Sell Agreement for the Purchase of 127 South College Road
Discussion and Adoption of Resolution Awarding the Contract for the Purchase of Cover Soil for the Landfill
to G.J.Adams Trucking,Inc.—Environmental Management
In response to Board questions concerning the request to award the contract to G. J. Adams Trucking, Inc.
for the purchase of cover soil for the County's landfill,Environmental Management Director John Hubbard clarified
that the landfill will need approximately 600 cubic yards of topsoil and possibly 200 cubic yards of sand,per day,
during the 2012 fiscal year; a maximum of 30,000 cubic yards for the 2012 fiscal year with an approximate cost of
$322,800.
Hearing no further questions, Chairman Barfield called for a motion to adopt the resolution awarding the
contract for the purchase of cover soil for the landfill to G. J. Adams Trucking,Inc.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Davis, to adopt the resolution awarding
the contract for the purchase of cover soil for the landfill to G. J. Adams Trucking, Inc. as presented. Upon vote,the
MOTION CARRIED 4 TO 0. Vice-Chairman Thompson was recused from the vote.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 20.1.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARD
County Manager Bruce Shell requested Janet Smithey a Health Department employee retiring with 26
Years of Service to step forward to receive her award.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 21,2011 PAGE 296
On behalf of the Board, Chairman Barfield presented an award to Ms. Smithey, expressed appreciation,and
thanked her for her years of dedicated service.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager Bruce Shell requested the following employees to step forward to receive service awards:
Five Year: Aaron Ashlock—Sheriff's Office
Philip Cortes—Sheriffs Office
Deborah Gay—Department of Social Services
Deborah Howard—Health Department
Jameson McDermott—Cape Fear Museum
April Walker—Health Department
Twenty Year: Novella Frieslander—Sheriffs Office
Twenty-Five Year: Barbara Rowe—Cape Fear Museum
On behalf of the Board, Chairman Barfield presented a service award to each employee, expressed
appreciation,and thanked them for their years of dedicated service.
RECOGNITION OF NEW EMPLOYEES
County Manager Bruce Shell requested the following new employees to stand and be introduced:
Benjamin Arnold-Health Department
Tammy Dilling-Health Department
Diane Ihnat-Health Department
Diana Overton-Health Department
Tamica Ward-Department of Social Services
On behalf of the Board, Chairman Barfield welcomed the employees to County Government and wished
them success in their new positions.
APPROVAL OF PUBLIC SCHOOL BUILDING FUND APPLICATION
New Hanover County Schools Facilities Planning and Construction Director Eddie Anderson presented the
request for the Board's consideration on behalf of the New Hanover County Board of Education to submit a Public
School Building Fund Application in the amount of$706,000. The funds will be allocated from state lottery funds.
The current undisbursed balance of lottery funds for New Hanover County is in the amount of$3,784,772.13; it is
estimated that an additional$1,715,405 will be received in FY 2011-2012.
Original Revised
Application Change Total
Wrightsville Beach-HVAC Improvements $150,000 $140,000 $290,000
Ashley/Murray-Replace Variable Speed Drives $70,000 $106,000 $176,000
Holly Tree/Myrtle Grove-HVAC Improvements $240,000
Total $706,000
After a brief question and answer period, Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to approve the request by the New
Hanover County Board of Education to submit the Public School Building Fund Application in the amount of
$706,000 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the application is available for review in the Budget Department.
DISCUSSION AND DIRECTION TO STAFF CONCERNING PROPOSED LANGUAGE FOR SERVICE
CONTRACTS IN AN AMOUNT MORE THAN$100,000
Vice-Chairman Thompson presented the request for the Board's consideration to adopt the resolution
requiring payment bonds for service contracts in amounts more than $100,000. Currently, payment and
performance bonds are only required for construction contracts in an amount more than $300,000 and are not
required for service agreements. The proposed resolution would require payment and performance bonds to ensure
the payment of subcontractors and suppliers by primary contractors.
In response to Board questions, County Attorney Wanda Copley stated that in her legal opinion it is
important to protect people who are working for the County but has concerns that the cost of requiring the bond for
service contracts will be figured into the bid and passed down to the County through the price quote. This will also
put the county in a position to be more involved with the subcontractors than the current process. The average cost
of the bond depends on the amount of the contract and ranges between 5%and 10% of the contract amount. The
requirement may put a large burden on small companies trying to bid on county projects.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 21,2011 PAGE 297
Vice-Chairman Thompson reported that typically the cost of a bond is between 1% and 2.5% of the
contract amount depending on many factors such as age of company, credit worthiness, etc. In his opinion, the
liability factor is the same with a service contract as it is with a construction contract and there needs to be language
in the contracts that protects the subcontractors who are typically local companies with local workers. He is willing
to consider payment bonds only, lien waivers,or other methods to protect the subcontractors.
Commissioner Catlin voiced his concern that the requirement is better suited to construction contracts but
will cost service providers additional money which will be passed down to the County. Typically construction
contracts are defined criteria while service contracts aren't defined and the surety companies have a difficult time
getting their hands around them. He stated that the County needs to make sure that the contract terms are not
arbitrarily handicapping small local businesses but acknowledged the County needs to find a way to assure that
subcontractors get paid. In his discussion of the issue, Deputy County Attorney Kemp Burpeau has suggested that
payment acknowledgement language be added to contracts. Commissioner Catlin suggested further review of the
issue.
Commissioner Davis stated that in his review of the subject he has found that a bond would cost a
contractor between 2%and 5%depending on the specific criteria of the company. He suggested language be added
to the County's contracts requiring the contractor provide proof of payment to the subcontractors before they receive
their final payment.
In response to Board questions, Attorney Copley confirmed that the County already requires the contractor
to sign a waiver of payment to the subs and retainage is kept until that proof is received.
In response to Board questions,Deputy County Attorney Kemp Burpeau reported that the County currently
does have an informal process but formal language can be added to service contracts requiring affidavits from the
contractor and subcontractors confirming payment before final payment is made to the contractor.
After further discussion, staff was instructed to draft service contract language requiring affidavits from the
contractor, and all listed subcontractors,confirming that they have received full payment before retainage is released
to the contractor and to be brought back to the Board for consideration.
ADOPTION OF RESOLUTION APPROVING THE SALE OF 4.1 ACRES OF PROPERTY TO LOWER
CAPE FEAR HOSPICE ON BEHALF OF SOUTHEASTERN CENTER FOR MENTAL HEALTH
Assistant County Manager Chris Coudriet reported that the County is the title owner of a 12.7 acres parcel
held on behalf of Southeastern Center for Mental Health (Center). The Center has requested the Board's
consideration of the resolution approving the sale of 4.1 acres of the property to Lower Cape Fear Hospice in the
amount of$1,291,815. Per the agreement, the proceeds will go to the Center. The remaining acreage will then be
deeded to them and the County will also return the$3 million that is currently being held on their behalf.
In response to Board questions, Assistant County Manager Coudriet reported that the money generated
from the property sale and fund balance will be used for construction of the new facility. There is no funding
expectation from the five counties that are proposed to become the regional mental health entity service area.
The Board is being requested to approve the sale and proceed with the distribution agreement with the
Center, adopt the resolution authorizing staff to advertise the sale and convey the property to Lower Cape Fear
Hospice, Inc. and distribute the proceeds to the Center pursuant to the Agreement.
Hearing no further comments, Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to adopt the resolution approving the
sale of 4.1 acres of property to Lower Cape Fear Hospice in the amount of$1,291,815 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
XXXIV,Page 20.2.
NEW HANOVER COUNTY COOPERATIVE EXTENSION ANNUAL UPDATE
New Hanover County Cooperative Extension Director Al Hight reported that Cooperative Extension is
administered by the Land-Grant University System and uniquely funded from Federal, State and local governments
and includes agricultural and horticultural programs,the 4-H program,and family and consumer science programs.
New Hanover County Cooperative Extension partners with and receives funding from the following:
• New Hanover County-$350,000
• Universities-$250,000
• Friends of the Arboretum/Master Gardener Association-$130,000
• Grants—vary-$30,000 in 2010/2011
• Private Investment:
• Friends of the Arboretum-'/2 of a support position;garden improvements
• Master Gardener Association - '/2 of volunteer coordinator position; educational program
enhancements
• Display Garden Enhancements-over$140,000 in private funds invested since 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 21,2011 PAGE 298
• 2011 visits will exceed over 50,000;25%increase over last year
• Direct Value:
• Unbiased/research-based consultations-7000 annually @$50 each for a total of$350,000
• Additional volunteer program support-9500 hours @$15 per hour for a total of$142,500
• Ability Garden Horticultural Therapy - 160 groups annually @ $240 per group for a total of
$38,400
In closing, Mr. Hight stated that New Hanover County Cooperative Extension is a community asset that
consumes only 0.1%of the County budget and thanked the Board for their continued support.
On behalf of the Board, Chairman Barfield thanked Mr. Hight for the update.
2012 REVALUATION PRESENTATION
Tax Administrator Roger Kelley presented information on the 2012 tax revaluation highlighting that the
mission of the New Hanover County Tax Administration is to list, map, assess property, bill and collect all ad
valorem taxes in New Hanover County.
Revaluation is conducted every four years, ensures that property owners bear a total tax burden that is
proportionate to the value of the property they own, and provides assessment uniformity between all classes of
property.
Residential property notices will be mailed by mid-December and commercial properties in January. The
appeal process is as follows:
• Informal review by appraisers.
• Appeal to Board of Equalization and Review.
• Appeal to Property Tax Commission.
• Appeal to Appeals Court.
• Appeal to State Supreme Court.
Following the appeal process, the Board will set the tax rate by June 30, 2012. Tax bills based on the new
value and rate will be mailed in August 2012, will be due as of September 1, 2012 and delinquent as of January 6,
2013.
On behalf of the Board, Chairman Barfield thanked Mr. Kelley for the information.
COMMITTEE APPOINTMENTS
Appointments to the Adult Care Home Community Advisory Committee
Chairman Barfield reported that vacancies exist on the Adult Care Home Community Advisory Committee
with three applications available for consideration and requested nominations from the Board.
Chairman Barfield nominated Demetria Gordon, Micki Jay, and Warren Wilson for appointment. The
nomination was seconded by Vice-Chairman Thompson.
Hearing no further nominations, Chairman Barfield closed the nominations and called for a vote on the
nominations.
Vote Results: The Board voted UNANIMOUSLY to appoint Demetria Gordon, Micki Jay, and Warren Wilson to
serve one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on
November 30, 2012.
Appointment to the Cooperative Extension Advisory Council
Chairman Barfield reported that three vacancies and one unexpired term needs to be filled on the
Cooperative Extension Advisory Council with one application available for consideration and requested
nominations from the Board.
Chairman Barfield nominated Nathan Bales. The nomination was seconded by Vice-Chairman Thompson.
Hearing no further nominations, Chairman Barfield called for a vote on the nominations.
Vote Results: The Board voted UNANIMOUSLY to appoint Nathan Bales to serve an unexpired term on the
Cooperative Extension Advisory Council with the term to expire on May 31,2012.
Appointments to the Mechanical Examiners Board
Chairman Barfield reported that three vacancies need to be filled on the Mechanical Examiners Board with
two applicants agreeing to serve another term and one applicant eligible for reappointment and requested
nominations from the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 21,2011 PAGE 299
Chairman Barfield nominated Larry Lisk and Bruce Polity in the Mechanical Contractor category and
David B. Sims, Jr. for reappointment in the Mechanical Engineer category. The nominations were seconded by
Commissioner Catlin.
Vote Results: The Board voted UNANIMOUSLY to reappoint Larry Lisk and Bruce Polity in the Mechanical
Contractor category and David B. Sims, Jr. in the Mechanical Engineer category to serve two-year terms on the
Mechanical Examiners Board with the terms to expire on August 31,2013.
Appointments to the Zoning Board of Adjustment
Chairman Barfield reported that three vacancies need to be filled on the Zoning Board of Adjustment(two
regular vacancies and one alternate vacancy) with five applications available for consideration and requested
nominations from the Board.
Vice-Chairman Thompson nominated Michael D. McCulley, Jr. to be reappointed as a Regular Member
and nominated Chad McEwen as a Regular Member and Colin J. Tarrant as an Alternate Member. The nominations
were seconded by Chairman Barfield.
Vote Results: The Board voted UNANIMOUSLY to reappoint Michael D. McCulley, Jr. as a Regular Member and
appoint Chad McEwen as a Regular Member and Colin J. Tarrant as an Alternate Member to serve three-year terms
on the Zoning Board of Adjustment with the terms to expire on December 1,2014.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Barfield announced that time has been reserved to allow the public to present an item that was
not listed on the regular agenda. No items were presented.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 10:21 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 and
on www.nhcgov.com/NHCLive or www.nhcgov.com paQes.BOC/asps