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2009-04-20 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 581 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 20, 2009, 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 Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Kure Beach First Baptist Church Pastor Joey Canady gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, 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 Regular Session meeting held on April 6, 2009 as presented by the Clerk to the Board. Authorization to Submit a Three-Year Renewal Grant Application to the Corporation for National Service  Department of Aging The Commissioners authorized the Department of Aging to submit a three-year renewal grant application to the Corporation for National Service program in the amount of $143,826. If awarded, the funds will be used to fund the Retired and Senior Volunteer Program. The required match of $100,969 for year one is included in the 2010 budget request. The grant application is available for review in the County Manager's Office. Authorization to Submit a Grant Application to the North Carolina HIV Prevention & Care Branch  Health Department The Commissioners authorized the Health Department to submit a grant application to the North Carolina HIV Prevention & Care Branch in the amount of $25,000. If awarded, the funds will be used to enhance the current HIV Outreach Program by providing testing opportunities to non-traditional testing sites and targeted populations. No County match is required. The grant application is available for review in the County Manager's Office. Authorization to Submit a Grant Letter of Intent to the Cape Fear Memorial Foundation  Health Department The Commissioners authorized the Health Department to submit a grant letter of intent to the Cape Fear Memorial Foundation in the amount of $50,000. If awarded, the funds will be used for in-home Family Counseling Services. No County match is required. The grant application is available for review in the County Manager's Office. Acceptance of the New Hanover County Child Fatality Prevention Team 2008 Report and Appointment/Re- appointment of Members  Health Department The Commissioners, at the request of the New Hanover County Child Fatality Prevention Team, accepted the New Hanover County Child Fatality Prevention Team 2008 Report and per state legislation appointed/reappointed the following persons to the New Hanover County Child Fatality Prevention Team: Kathleen C. Parnell  Clinical Social Worker Sonja Shanley Brown  Medical Doctor Gail L. McGirt  Registered Nurse ICU/ED Carol B. Robers  Registered Nurse Patty White  Registered Nurse Kim F. Budde  Injury Prevention Health Educator/Safe Kids Cape Fear Coordinator Jennifer D. Grundy  Social Worker A copy of the New Hanover County Child Fatality Prevention Team 2008 Report is available for review at the Health Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 582 Adoption of Resolution Awarding Bid for an Integrated Library System to The Library Corporation and Online Computer Learning Center, Inc.  Library The Commissioners, at the request of the Library, adopted the resolution awarding the bid for an Integrated Library System to The Library Corporation in the amount of $164,665. The proposal submitted by The Library Corporation includes the cost for a digital content feature that will be provided by Online Computer Learning Center, Inc. in the amount of $12,500 for a bid total of $177,165. The funds are available in the FY08/09 adopted budget. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 9.1. Approval of Revised Policy for Providing Reproduction Images of Museum Collection  Cape Fear Museum The Commissioners, at the recommendation of the Cape Fear Museum Advisory Board, approved the revisions to the policy and fee structure for Providing Reproduction Images of Museum Collection. The revisions include the following: · Recognition that most reproductions are now handled digitally · Revising and including fees to conform to industry standards · Inclusion of policies for still/movie images of 3-dimensional objects · Use of images on the World Wide Web A copy of the full policy is available for review at the Cape Fear Museum. Adoption of Resolution Awarding Bid for Commissary Services for the Detention Facility to McDaniel Supply Company  Sheriffs Office The Commissioners, at the request of the Sheriffs Office, adopted the resolution awarding the bid for commissary services for the Detention Facility to McDaniel Supply Company. There is no cost to the County for this service. The vendor will provide all the necessary equipment and pay the County a commission fee of 30.5% monthly on net sales. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXII, Page 9.2. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports  Tax Department The Commissioners accepted the following Tax Collection Reports as of March 31, 2009. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXII, Page 9.3. Approval of Release of Tax Value  Tax Department The Commissioners granted the Senior Citizen/Disability Exclusion to the taxpayers as presented. Blake, Guthrie $ 25,000 Kempfert, Vicky $149,091 Stewart, Katherine S. $ 73,847 Approval of New Hanover County Board of Education Budget Amendment #6  Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Budget Amendment #6 moving funds within the New Hanover County Board of Education capital outlay accounts. A copy of the New Hanover County Board of Education Budget Amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-214 - Sheriff's Office 09-215 - Sheriff's Office 2009-58 - Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 9.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 583 REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION RECOGNIZING GE HITACHI NUCLEAR ENERGY FOR OUTSTANDING STEWARDSHIP IN PRESERVING THE HISTORIC ROSE HILL PLANTATION Chairman Davis reported that the Board has been requested to adopt the resolution recognizing GE Hitachi Nuclear Energy and its President, Jack Fuller, for their outstanding stewardship in preserving the Historic Rose Hill Plantation. Commissioner Greer read the resolution into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adopt the resolution recognizing GE Hitachi Nuclear Energy and its President, Jack Fuller, for their outstanding stewardship in preserving the Historic Rose Hill Plantation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Jack Fuller, President GE Hitachi Nuclear Energy, Tammy Orr, President of GE Global Laser Enrichment, Elizabeth Kuronen, Vice President of Communications GE Hitachi Nuclear Energy, and Ned Glascock, GE Hitachi Nuclear Energy Communications Manager were present to receive the proclamation. On behalf of the Board, Chairman Davis expressed appreciation to them for preserving this historic site. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 9.5. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager Shell requested the following retired employees to step forward to receive their retirement plaque: Ann Barkley, Department of Social Services  28 Years of Service Jeanette Bell, Department of Social Services  21 Years of Service Jamie Collins, Department of Social Services  14 Years of Service Barbara McCray, Tax Department  21 Years of Service Willie Springer, Environmental Management  22 Years of Service Jocelyn Wilson, Department of Social Services  24 Years of Service On behalf of the Board, Chairman Davis expressed appreciation and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Shell requested the following employees to step forward to receive service awards: Five Year: Jane OBrien, Museum Gayle Oliver, Museum Ten Year: Nadine Nepper, Property Management Gloria Umstetter, Health Department Fifteen Year: Kipp Register, Library Twenty Year: Darnel Brooks, Environmental Management Mae Simmons, Human Resources Cora Waddell, Department of Social Services On behalf of the Board, Chairman Davis 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 to stand and be introduced: Derek Harris, Fire Services Eric Ireland, Health Department On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished them success in their new positions. PRESENTATION OF MARY ANTLEY TELECOMMUNICATOR OF THE YEAR AWARD Public Safety Communication Center DirectorSteve Smith presented the Mary Antley Telecommunicator of the Year Award for 2009 to Public Safety Communication Center Acting Supervisor Pam Stewart. ADOPTION OF PROCLAMATION DECLARING APRIL 19-25, 2009 AS WEEK OF THE YOUNG CHILD IN NEW HANOVER COUNTY Chairman Davis reported that the Board has been requested to proclaim April 19-25, 2009 as Week of the Young Child in New Hanover County. The theme for the week is Bring Communities Together for Children NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 584 Children Bring Communities Together. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation declaring April 19-25, 2009 as Week of the Young Child in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover County Smart Start Executive Director Janet Nelson, accompanied by three children, was present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 9.6. ADOPTION OF PROCLAMATION DECLARING MAY 9-17, 2009 AS NATIONAL TOURISM WEEK IN NEW HANOVER COUNTY Chairman Davis reported that the Board has been requested to proclaim May 9-17, 2009 as National Tourism Week in New Hanover County. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation declaring May 9-17, 2009 as National Tourism Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Kim Hufham, President and CEO, New Hanover County Tourism Development Authority was present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 9.7. ADOPTION OF PROCLAMATION DECLARING MAY 2009 AS BICYCLE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Davis reported that the Board has been requested to proclaim the month of May 2009 as Bicycle Awareness Month in New Hanover County. Vice-Chairman Thompson read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Greer, to adopt the proclamation declaring May 2009 as Bicycle Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Cape Fear Cyclists President Al Schroetel was present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 9.8. FIRST READING OF AMENDMENT TO CHAPTER 23-313(6) OF THE COUNTY NUISANCE ORDINANCE CONCERNING STORM WATER New Hanover County Deputy Attorney Kemp Burpeau presented the request to amend the county nuisance ordinance concerning storm water. The proposed amendment will allow the County to address problems that result from earth eroding or washing off site. When a nuisance exists, County Engineering and Legal make a series of contacts with the owner, and if ultimately necessary, conduct abatement with costs constituting a tax lien on the subject property. Chief Engineer Jim Iannucci reported that New Hanover County's Code presently addresses nuisance conditions where a property owner obstructs or fails to clean drainage features. The proposed amendment to Section 23-313 adds the new subsection (6) as follows: Any condition whereas earth or other sediment is placed, washes or erodes onto a natural or manmade swale, ditch, pipe, channel or water body, either on or off site, so as to block, hinder, impair or obstruct positive water flow, in the reasonable discretion of the Director of County Engineering. In response to Board questions, County Attorney Copley reported that anything but a unanimous vote by the Board would require a second reading. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the amendment to Chapter 23-313(6) of the County Nuisance Ordinance concerning storm water as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 585 Chairman Davis reported that a second reading of this item will be brought for the Boards consideration at the May 4, 2009 meeting. PRESENTATION OF TEN-YEAR PLAN TO END CHRONIC HOMELESSNESS AND REDUCE HOMELESSNESS IN THE CAPE FEAR REGION MAKE A CHANGE YELLOW METER PROJECT Dan Ferrell, Project Manager for The Ten-Year Plan to End Chronic Homelessness and Reduce Homelessness in the Cape Fear Region, presented the Make a Change Yellow Meter Project. The project is to discourage panhandling by strategically placing specially-signed parking meters in locations where panhandling has become an issue. Through a media and public awareness campaign, the public will be encouraged to put their spare change in the meters rather than giving directly to panhandlers. Money deposited into the meters, as well as from other project-connected sources, will be spent on projects identified in the community-endorsed plan. The supply of outdated meters was provided by the Town of Wrightsville Beach with assistance from Lanier Parking. The Ten-Year Plan staff will coordinate with appropriate City and County departments, Lanier Parking and local businesses for installation; maintenance; and collections. The project is anticipated to be up and running by July 1, 2009. Vice-Chairman Thompson reiterated that this is a creative solution to change behavior and encourage citizens to donate to the meter program and not directly to panhandlers. In response to Board questions, Mr. Ferrell confirmed that there is no anticipated cost to the County for this project. On behalf of the Board, Chairman Davis thanked Mr. Ferrell for the presentation. CAPE FEAR PUBLIC UTILITY AUTHORITY UPDATE AND BUDGET DISCUSSION Cape Fear Public UtilityPublic Information Officer Carey Disney Ricks reported that Authority staff is present to update on current projects, budget issues, and the provision of services along the Highway 421 Corridor. Cape Fear Public Utility Authority Chief Operating Officer Nancy Gallinaro presented the following information: Water Treatment: " Sweeney Water Treatment Plant construction is well underway  continue operation of plant during construction " Nano Filtration plant start-up and testing will begin late summer; operation this fall " County well maintenance and/or operation is ongoing " Goal is to provide the highest quality drinking water at the lowest possible cost " Cape Fear River raw water line replacement project is underway; line back in service May 1, 2009 Wastewater Treatment: " North Side Waste Water Treatment Plant was 99.8% compliant for the past twelve months; construction finishing up " South Side Waste Water Treatment Plant was 100% compliant in 2008. New plant is in the design stage " Walnut Hill Waste Water Treatment Plant had one violation in 2008 Utilities Services: " Two teams were formed: Water and Sewer Construction and Collections System Operations & Maintenance " Two complex systems were combined with over 840 miles of gravity pipe, 108 miles of force mains, and 142 pump stations " Reallocation of crews increased sewer cleaning productivity by 30% to 50% " Quick response to sewer stops prevents serious spills and saves from $2k to $6k per spill when considering time and materials " Easement clearing has improved for sewer outfall inspections and maintenance " Preventive maintenance at the 142 pump stations of the system has been achieved by integrating the workforce; technical staff inspects the pump stations on a daily basis Current Challenges: " Fast track sewer rehabilitation project on Burnt Mill Creek was required to address pipe corrosion prior to problems occurring " River Road repair band; proactively addressing the problem " Pipe rehabilitating as part of the Front Street Streetscape Project in partnership with the City of Wilmington " Downtown sewer lines need to be rehabilitated to reduce maintenance problems and restore structural integrity; some water lines are over 120 years old " Root control problem being addressed by new program; approximately 80% of all stoppages and spills can be related back to roots " Use assessment management to convert challenges into opportunities; be proactive; balance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 586 priorities and responsibilities; invest now and pay less later to sustain the publics equity value; and avoid risks from invisible threats (i.e. invisibility of water infrastructure) In response to Board questions, Ms. Gallinaro clarified that the Authority is exceeding the 10% State requirement to perform sewer cleaning each year. The Authority is able to accomplish this by using the combined City and County staff, and equipment, that are dedicated strictly to water and sewer tasks. In the past, with competing interests, the pump stations were not inspected on a daily basis. The Burnt Mill project was accelerated when problems were encountered during routine maintenance. Vice-Chairman Thompson stated that he believes the City and County were meeting the States sewer cleaning requirement before the formation of the Authority; as well as the daily inspection of the pump stations. There is no data to prove that tree or vegetation roots crack pipes; a previous leak or crack must exist before a root can enter the line and compound the problem. Ms. Gallinaro elaborated that when you do have roots in a pipe, for whatever reason, it creates a stoppage and with the build-up of debris, a sewer spill can occur. Cape Fear Public Utility Authority Chief Finance Officer Brent McAbee presented the following information: Budget and Rates: " Interlocal Agreement requires Authority to set rates and charges that meet all costs of operating the water and sewer systems, all debt service costs, all operating capital, a reasonable reserve for improvements and enlargements&for the provision of water and sewer services in the service area and satisfy any rate covenants. " Debt related to funding the Capital Improvement Program of the Authority is responsible for 80% of projected rate increases over the next five years Revenue Comparisons FY 2009: " Water and Sewer charges  increase of 8.7% over City/ County combined " Interest earnings  decrease of 56.0% over City/ County combined " System Development/Tap Fees  decrease of 68.8% over City/County combined " Total  decrease of 5.1% over City/County combined in 2008 2008 Revenue Bond Issue: " Nano Water Plant and Well Field in the amount of $42,000,000 " Northern School Site Water and Sewer in the amount of $4,920,000 " NEI Repairs and Upgrade (NHC 64%) in the amount of $25,600,000 " NEI Repairs and Upgrade (COW 22%) in the amount of $8,800,000 " Sweeney Plant Expansion in the amount of $74,000,000 " South Side Treatment Plant Upgrade (COW 50%) (NHC 50%) in the total amount of $8,000,000 " North Side Treatment Effluent Main (NHC) in the amount of $4,250,000 " Total County Initiated Projects in the amount of $80,770,000 " Total City Initiated Projects in the amount of $86,800,000 Capital Improvement Projects for FY2010-2012: " Sewer collection system repairs - $11,050,000 " Water distribution system improvements - $24,920,000 " Raw water line booster pump station - $7,000,000 " Pump station rehab and capacity projects - $21,570,000 " South Side Waste Water Treatment Plant upgrades - $94,800,000 " 421 Sewer Point Harbor/Plant - $8,500,000 " City of Wilmington projects - $94,540,000 " New Hanover County project - $73,300,000 Projected Rate Increases: " 2009 (Actual): Water 9%; Sewer 9% " 2010: Water 9%; Sewer 9% " 2011: Water 7%; Sewer 7% " 2012: Water 6%; Sewer 7% " 2013: Water 5%; Sewer 7% " Proposed five year cumulative increase  Water 36%; Sewer 39% " The majority of the projected rate increase in years 2009-2011 is to build up the revenue stream to make the debt service payment on the 2008 bonds when they become due in 2012 Commissioner Barfield voiced his concern on the large increase in water bills without an increase in water quality and the Authoritys policy of billing the owner of rental properties for the tenants water and/or sewer usage instead of sending the bill to the tenant as other utilities do. In response to Board questions, Mr. McAbee reported that the landlord/tenant issue will be discussed at the Authoritys May 1, 2009 budget work session and the potential impact that a change would have will be examined. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 587 In closing, Mr. McAbee presented a state-wide comparison of the average water bills and wastewater bills compiled by UNC School of Government stating that some rates are substantially higher than the current Authority rates. In response to Board questions, Mr. McAbee reported that for 2,600 customers who have their own water the Authority charges a flat sewer rate of $89 bi-monthly. Commissioner Greer clarified that the Authority also charges a base flat rate for water and sewer with the water tier rates added to that charge. When the consolidation took place, the Authority Board anticipated a 9% average increase in the overall rates but not the amount of increase that some customers are experiencing. Commissioner Greer continued that he would like for the Authority to adjust the water tier level rates down, slightly increase the water base flat rate, and for capital improvement projects to be identified and delayed as appropriate. The rate structure should not increase customer bills by up to 100% as it has in some cases. An average family should not be penalized for using water. Customers that use large amounts of water should pay more if they abuse the usage for items such as irrigation. These issues have been discussed at the Authority Board meetings, but now need to be addressed by the Authority. In response to Board questions, Mr. McAbee reported that during the past summer months, 24% of customers were in the third level billing tier and received increases in their water bills of 67%-70%. The process of bringing the City and County rates together has, in some cases, caused the substantial increase. In response to Board questions, Mr. McAbee reported that the Authority currently has a fund balance of $36 million in the operating fund. This coming year, the Authority is planning to use $2 to $4 million for pay-as- you-go capital projects with the future plan to increase the pay-as-you-go capital for projects rather than using debt service financing. Cape Fear Public Utility Authority Chief Engineer Frank Styers reported that the Authority continues to move forward working with the stakeholders to devise a plan to provide water and sewer along the Highway 421 Corridor and seek funding options before the discharge permit expires in 2011. A master plan is currently under development for providing service along the entire Highway 421 Corridor. In response to Board questions, Mr. Styers reported that currently there is a sewer project along Murrayville Road to provide service to the new fire station as well as a pump station project on Holly Shelter Road to provide service to the new northern school site. An integrated Water System Master Plan is currently being developed which will prioritize the capital improvement project schedule. In response to Board questions, Mr. Styers provided an overview on how the State regulates pump station capacity. Cape Fear Public Utility Authority Chief Executive Officer Matt Jordan addressed the Board stating that the combined staff from the City and County has been successful in leaving the Authority in a good position to move forward. Chairman Davis, on behalf of the Board, thanked the Authority staff for the presentation and discussion. Chairman Davis and Commissioner Barfield stated that they share Commissioner Greers concerns on the current rate structure and the proposed rate increases. They requested that the Authority Board members and staff take the comments into consideration. Commissioner Caster reported that there are infrastructure needs that need to be addressed stating that you either pay now or pay later. Vice-Chairman Thompson stated that some of the problems are related to maintenance issues but most are related to contractor failure encouraging the Authority staff to evaluate the capital improvement projects to determine if some projects can be delayed, consider adjusting the tier level rate structure, and consider spreading the projected rate increases out over a longer period of time. A copy of the PowerPoint presentation is available for review at the Cape Fear Public Utility Authority. BREAK Chairman Davis called for a break from 11:13 a.m. until 11:24 a.m. ADOPTION OF RESOLUTION DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS, THE CONVERSION OF VARIABLE RATE HOSPITAL REVENUE BONDS TO A FIXED RATE OF INTEREST SUBSEQUENT SALE THEREOF AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS Finance Director Avril Pinder reported that the New Hanover Regional Medical Center Board of Trustees has determined that it is advisable to provide for the current refunding of all or a portion of the Series 2006 Bonds and/or convert all or a portion of the Series 2006 Bonds to a fixed rate of interest in order to exit from the auction rate bond mode. The Series 2006 Bonds were issued to finance capital improvements to New Hanover Regional NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 588 Medical Center. By adoption of the draft resolution the Board authorizes the County Manager, the Finance Director and the County Attorney to apply to the Local Government Commission of North Carolina for its approval of the issuance of variable rate hospital revenue refunding bonds to refund all or a portion of the Series 2006 Bonds and/or the conversion of all or a portion of the Series 2006 Bonds to a fixed rate of interest and to take all other action necessary. Chairman Davis read into the record that for the Boards consideration is a resolution directing the filing of an application with the local government commission for the approval of the issuance of hospital revenue refunding bonds, the conversion of variable rate hospital revenue bonds to a fixed rate of interest, subsequent sale thereof and certain related matters and requested a motion to authorize, direct and designate the County Manager, the Finance Director and the County Attorney to do any and all things necessary to effectuate the issuance of the Refunding Bonds and/or to sale the Fixed Rate Bonds and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS, THE CONVERSION OF VARIABLE RATE HOSPITAL REVENUE BONDS TO A FIXED RATE OF INTEREST SUBSEQUENT SALE THEREOF AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS. 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 XXXII, Page 9.9. ADOPTION OF RESOLUTION OPPOSING SENATE BILL 1013 Assistant County Manager Chris Coudriet reported that Senator Doug Berger from Franklin County has introduced Senate Bill 1013- Citizens Right to Know Act/Pretrial Release, that would require every pretrial release program to compile a weekly register of detailed information on each person who is approved for participation in pretrial release and file that register with the Clerk of Court's office. Critical information about program participants is already available in the New Hanover County Pretrial Release office and this requirement would create undue burden and redundant reporting requirements for staff. The opposition to this Bill is also supported by Superior Court Judge Cobb, District Court Judge Corpening, and the Sheriffs Association. Assistant County Manager Coudriet read the resolution into the record. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution opposing Senate Bill 1013 - Citizens Right to Know Act/Pretrial Release. 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 XXXII, Page 9.10. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Davis reported that vacancies need to be filled on the Adult Care Home Community Advisory Committee with one applicant being eligible for reappointment and no new applications being received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Mary K. Busbee to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire April 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cooperative Extension Advisory Council Chairman Davis reported that two vacancies need to be filled on the Cooperative Extension Advisory Council one application being received and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to appoint Angela Keith to serve a three-year term on the Cooperative Extension Advisory Council with the term to expire May 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Day Treatment Center Advisory Board Chairman Davis reported that two at-large vacancies need to be filled on the Juvenile Day Treatment Center Advisory Board with four new applications having been received and requested nominations from the Board. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Zachery S. Mitcham to serve a three-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2012. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Thompson, Commissioner Caster and Commissioner Greer voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 589 Motion: Commissioner Barfield MOVED, SECONDED by Chairman Davis, to appoint Nancy Pritchett to serve a three-year term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2012. Upon vote, the MOTION FAILED 2 TO 3. Chairman Davis and Commissioner Barfield voted in favor. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to appoint Mary Springer to fill an unexpired term on the Juvenile Day Treatment Center Advisory Board with the term to expire April 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Lower Cape Fear Water and Sewer Authority Chairman Davis reported that one vacancy needs to be filled on the Lower Cape Fear Water and Sewer Authority with two new applications having been received and Commissioner Caster willing to continue serving and requested nominations from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Commissioner William A. Caster to serve a three-year term on the Lower Cape Fear Water and Sewer Authority with the term to expire May 13, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Southeastern Economic Development Commission Chairman Davis reported that one vacancy needs to be filled on the Southeastern Economic Development Commission with three new applications having been received and one applicant eligible for reappointment and requested nominations from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to reappoint Scott Satterfield to serve a four-year term on the Southeastern Economic Development Commission with the term to expire April 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS ADOPTION OF RESOLUTIONS OPPOSING SENATE BILL 1026/HOUSE BILL 887, SENATE BILL 178, SENATE BILL 996/HOUSE BILL 1434 DEEMED TO BE HARMFUL TO COUNTIES County Attorney Wanda Copley reported that the Board directed staff to draft resolutions opposing pending Senate and House Bills that are deemed to be most harmful to counties. The following resolutions are available for the Boards consideration: · Senate Bill 1026/House Bill 887  Local Government Tort Claims Act - waives local government immunity and broadens the definition of proprietary functions for which local government can be held liable. Vice-Chairman Thompson read the resolution into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution opposing Senate Bill 1026/House Bill 887. Upon vote, the MOTION CARRIED UNANIMOUSLY. · Senate Bill 178  Collective Bargaining Agreements - would remove the right of the State and its political subdivisions and municipalities to decline to engage in collective bargaining. Commissioner Barfield read the resolution into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to adopt the resolution opposing Senate Bill 178. Upon vote, the MOTION CARRIED UNANIMOUSLY. · House Bill 1434/Senate Bill 996  Combined Motor Vehicle Registration Program/Property Tax Collection Program  would repeal the desirable combined motor vehicle registration program prior to its full implementation, lower collection rates and increase collection costs and labor expenditures for counties. Commissioner Caster read the resolution into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution opposing House Bill 1434/Senate Bill 996. 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 XXXII, Page 9.11. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 20, 2009 PAGE 590 DETERMINATION OF HEARING PROCEDURES FOR WASTE HAULING FRANCHISE REVOCATION County Attorney Wanda Copley reported that the County Code does not contain specific provisions for conducting the hearing necessary for franchise revocation. The Ordinance franchise does state that the franchise holder is to have ten days notice of the revocation hearing. The Board must adopt a process that affords the franchise holder due process rights to prepare for and present evidence in his behalf. Staff recommends the following actions: · Adopt the hearing procedures for franchise revocation as presented; · Make a preliminary finding that the Saunders franchise issued on July 22, 2004 be set for a revocation hearing, to consider malfeasance, fraud, or criminal situation; and · Direct staff to mail a notice of hearing for May 4, 2009 to George Saunders III and Roger Dale Saunders. After discussion, Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Thompson, to adopt the hearing procedures for franchise revocation as presented, make a preliminary finding that the Saunders franchise issued on July 22, 2004 be set for a revocation hearing, to consider malfeasance, fraud, or criminal situation; and direct staff to mail a notice of hearing for May 4, 2009 to George Saunders III and Roger Dale Saunders. Upon vote, the MOTION CARRIED UNANIMOUSLY. KRISTEN DALTON NAMED MISS USA Chairman Davis congratulated Kristen Dalton on being named Miss USA in the 58th Annual Miss USA competition Sunday night in Las Vegas. Ms. Dalton is the reigning Miss North Carolina, former Miss Greater Wilmington 2006, and a graduate of Hoggard High School. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 11:58 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.