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2009-06-22 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 632 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 22, 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. WITHDRAWAL OF AGENDA ITEMS CONSIDERATION OF A REQUEST FOR FUNDS Chairman Davis reported that Agenda Item 18  FOR INSURANCE RELIEF has been withdrawn at the request of Wilmington Regional Association of REALTORS, Governmental Affairs Director Kathleen Reily. APPROVAL OF RELEASE OF TAX VALUE He continued reporting that Consent Agenda Item 10  has been withdrawn explaining that the item was previously approved by the Board at their May 18, 2009 meeting. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Alan T. E. Benson, Grace Baptist Church, 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. Adoption of a Resolution Honoring In response to Board questions concerning Consent Agenda Item 6 - Merchant Marine Seamen of World War II , Assistant County Manager Chris Coudriet reported that the resolution for the Boards consideration is honoring the Merchant Marine Seamen of World War IIand requesting Congress recognize alternative forms of identification for establishing their service record to access their rightful veteran benefits. The resolution does not request any monthly monetary reimbursement. Hearing no further 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 following meeting as presented by the Clerk to the Board: Regular Session meeting held on June 1, 2009 Acceptance of Family Caregiver Support Program Grant Funds  Department of Aging The Commissioners accepted Family Caregiver Support Program Grant Funds in the amount of $28,500. The funds will be used to cover the cost of respite care for caregivers over the age of sixty. There is no local match required. Acceptance of Title 3D Health Promotion/Evidenced Based Health Promotion and Medication Management Grant Funds  Department of Aging The Commissioners accepted Title 3D Health Promotion/Evidenced Based Health Promotion and Medication Management Grant Funds in the amount of $8,065. The funds will be used as follows: · Health promotion/evidenced based activities at the Senior Center in the amount of $4,889 · Prescription Drug Assistance temporary staff person's salary in the amount of $3,176 The required match of $896 is included in the Department of Aging 2010 budget request. Acceptance of Additional Home and Community Care Block Grant Funds  Department of Aging The Commissioners accepted additional Home and Community Care Block Grant funds in the amount of $18,371. The funds will be divided as follows: Senior Center to receive $9,186; Information and Referral/Case Assisted to receive $9,185. The required match of $2,041 is included in the Department of Aging FY2009-2010 budget request. Adoption of Resolution Awarding Bid 09-0296 to Nee, Inc., for the County's Home and Community Care Block Grant Nutrition Program  Department of Aging The Commissioners adopted the resolution awarding Bid 09-0296 to Nee, Incorporated for the Countys Home and Community Care Block Grant Nutrition Program in the amount of $374,655. The required match in the amount of $41,629 is included in the Department of Aging FY2009-2010 budget request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 633 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 13.1. Adoption of a Resolution Honoring Merchant Marine Seamen of World War II  Veterans Affairs The Commissioners, at the request of Don Horton of Camden County, North Carolina, adopted the resolution honoring the United States Merchant Marines that served during World War II and requesting that Congress recognize alternative forms of identification for establishing their service record to access their rightful veteran benefits. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 13.2. Adoption of Ordinance Repealing Chapter 35 of the New Hanover County Code  Legal Department The Commissioners adopted the ordinance repealing Chapter 35 of the New Hanover County Code ceasing the Human Relations Department and Commission. Federal and/or State agencies will now perform the employment and housing investigatory and hearing functions. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 13.3. Adoption of Resolution and Budget Ordinance Amendment Accepting Donation of Exercise Equipment from New Hanover County Schools  Juvenile Day Treatment Program The Commissioners adopted the resolution and Budget Ordinance Amendment 09-175 accepting the donation of exercise equipment from New Hanover County Schools for the Juvenile Day Treatment Program. Copies of the resolution and budget ordinance amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 13.4. Approval for Deaccession  Cape Fear Museum The Commissioners, at the request of the Cape Fear Museum, approved the deaccession and disposal of artifact numbers 1991.133.1a-d, titled "bridge supports". The bridge supports, c. 1890, are from the Bradley Creek trolley trestles originally donated by CP&L and are completely rotted and unusable for exhibit purposes. 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 May 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 13.5. Adoption of Budget Ordinance Amendment 09-282  Finance Department The Commissioners adopted Budget Ordinance Amendment 09-282 in the amount of $43 million recording the pay-off of the Certificates of Participation for the water treatment plant by the Cape Fear Public Utility Authority. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 13.6. Adoption of Budget Ordinance Amendments  Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2009: 09-236 - Library 09-243 - Juvenile Services 09-263 - Emergency Management 09-275 - Health 09-277 - Social Services 09-281 - Social Services 09-289 - Aging 2009-73 - Sheriff's Office 2009-75 - 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 13.7. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION HONORING SHERIFF SIDNEY A. CAUSEY Chairman Davis reported that Sheriff Causey is retiring after thirty-six years of employment with New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 634 Chairman Davis read the resolution into the record and moved for adoption. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to adopt the resolution honoring Sheriff Sidney A. Causey for his service to New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Sheriff Causey and his wife, India, were present to receive the resolution. Sheriff Causey thanked the Board for the recognition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 13.8. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager Shell requested the following retired employees to step forward to receive their retirement plaque: Edwina Batson, Public Safety Communication  15 Years of Service Sandra Brooks, Health Department  25 Years of Service Elise Coble, Department of Social Services  22 Years of Service Annette Crumpton, Department of Aging  25 Years of Service Ophelia Dixon, Department of Social Services  29 Years of Service Peggy Foose, Department of Social Services  20 Years of Service Lynetta Huffman, Health Department  22 Years of Service Mildred Lincoln, Health Department  10 Years of Service Theresa Mathews, Information Technology  27 Years of Service Joseph McCarthy, Sheriffs Office  30 Years of Service Cathy Morgan, Human Resources  28 Years of Service Frances Morrisey, Sheriffs Office  11 Years of Service Sharon Neuschafer, Health Department  27 Years of Service Penny Raynor, Health Department  26 Years of Service Martha Robinson, Health Department  27 Years of Service Janice Sandlin, Department of Social Services  23 Years of Service Faye Smith, Department of Social Services  25 Years of Service Margaret Swann, Health Department  25 Years of Service Julia Talbutt, Department of Social Services  29 Years of Service Jean Wall, Department of Social Services  25 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: Roger Kelley, Tax Department Mary Kleinfeldt, Library Angel Major, Department of Social Services Stephanie McGrew, Department of Social Services Annette Moore, Property Management Linda Painter, Inspections Ten Year: Ruth Massey, Department of Social Services Frankie Mincey, Health Department Allyson Nobles, Public Safety Communications Center Fifteen Year: Edwina Batson, Public Safety Communications Center Barbara McClure, Finance Department Twenty-Five Year: Wanda Copley, Legal Department 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. ADOPTION OF FISCAL YEAR 2009-2010 BUDGET ORDINANCE FOR NEW HANOVER COUNTY AND NEW HANOVER COUNTY FIRE SERVICE DISTRICT AND ENVIRONMENTAL MANAGEMENT FEE CHANGE ORDINANCE County Manager Bruce Shell reported that he is presenting the Fiscal Year 2009-2010 Budget Ordinance for New Hanover County with the current ad valorem tax rate of 45.25 cents and Fire Service District tax rate with a 1 cent increase to 6 cents and requested direction from the Board. Chairman Davis asked for direction from the Board concerning the General Fund Budget Ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 635 Motion: Commissioner Caster MOVED to adopt the Fiscal Year 2009-2010 Budget Ordinance for New Hanover County with the current ad valorem tax rate of 45.25 cents; to transfer approximately $695,000 to the General Fund to pay for indirect costs for services provided by the General Fund to Environmental Management Fund and will be used by the General Fund to reduce the appropriated Fund Balance; and to increase the Environmental Management tipping fee to $55.65 per ton. In response to Board questions, County Manager Bruce Shell reported that the indirect cost for Environmental Management is in the amount of approximately $695,000. Tipping fees would need to be raised in the amount of $2.90 per ton to cover the cost of these indirect services; bringing the total tipping fee to $55.65 per ton. Chairman Davis received comments from the Board concerning the motion on the floor. Vice-Chairman Thompson stated that the Environmental Management Fund needs to be maintained as the enterprise fund that it is and not subsidized by county funds and that he will support increasing the tipping fee to cover these costs. He is not in favor of using Fund Balance to subsidize the General Fund because of the negative impact this can have on the Countys bond rating and to the municipalities. Over $22 million has already been cut from the budget, 50% of these cuts are from the countys discretionary un-mandated budget funds. In order to be fiscally responsible to the citizens, he sees no alternative but to support an increase to the current tax rate. Commissioner Barfield stated that these are tough economic times and that he is in favor of raising the tax rate to fund the county services that are provided. The Board needs to have a vision beyond tomorrow and the courage to implement the vision. No tax increase will create a negative impact that will be felt for years to come and affect the current quality of life and necessitate further reduction in services and employee layoffs. A one cent tax increase on a $200,000 home will cost a homeowner approximately $20 a year; what is needed is a 4 cent tax increase. He does not support the transfer of funds or an increase in the tipping fee when the Board is in the RFP process to potentially privatize Environmental Management. Commissioner Greer stated that previous Boards have been very conservative when appropriating Fund Balance with many years seeing that monies were added back into Fund Balance at the end of the year. The County Managers recommended budget at the current tax rate keeps in place what services are currently in place. With the tough economic times, he stated that he is not in favor of a tax increase or an increase in the tipping fee due to the potential privatization of Environmental Management. In response to Board questions,County Manager Shellstated that the Board could make the tipping fee increase effect on August 1, 2009 to allow time for the change to be processed by the haulers and their customers. Commissioner Caster stated that he would amend his motion to include the effective date. Amended Motion: Commissioner Caster MOVED to adopt the Fiscal Year 2009-2010 Budget Ordinance for New Hanover County with the current ad valorem tax rate of 45.25 cents; to transfer approximately $695,000 to the General Fund to pay for indirect costs for services provided by the General Fund to Environmental Management Fund and will be used by the General Fund to reduce the appropriated Fund Balance; and to increase the Environmental Management tipping fee by $4.65 per ton to $55.65 per ton. The tipping fee increase will have an effective date of August 1, 2009. In response to Board questions, County Manager Shell reported that the recommended budget has been trimmed as much as possible; if additional budget cuts are needed they will have to come in the way of further cuts to services and the positions related to those services. If the county experiences a declared hurricane disaster, staff would bring a budget proposal to the Board for consideration appropriating Fund Balance funds with most of the expenses being reimbursed by FEMA. The more costly storms to the local government are those that are not declared a disaster. The current Fund Balance is at approximately 14%; with the County having a Fund Balance goal of 16.67%; the minimum requirement is 8%. In discussion concerning the proposed ¼ cent sales tax, Commissioner Barfield cautioned the Board that even if it is approved by the voters, it will not be effective until April 2010. For discussion purposes, Vice-Chairman Thompson SECONDED the amended motion. He cautioned the Board to consider the following: local economies are impacted by a loss of sales tax during a disaster above what expenses are reimbursed by FEMA; revenue projections, such as the one the recommended budget is based on, are shaky at best; and there is a long-term effect for not adequately funding infrastructure needs. The Board needs to take a hard look at the current situation and make the tough decision to increase the tax rate. In response to Board discussion, Commissioner Greer clarified that since Environmental Management is a separate enterprise fund and the Board does not absorb the costs for the Fire Service District, Commissioner Casters motion treats both funds the same, as stand-alone funds meaning that there will be no more absorbing of costs using ad valorem tax funds. The use of General Fund fund balance by Environmental Management has just occurred in the past couple of years when Environmental Management Fund Balance was used up. In response to Board questions, County Manager Shell confirmed that if Commissioner Casters motion is approved the amount of appropriated Fund Balance will be reduced from the recommended amount of approximately $2.5 million to approximately $1.9 million. He also confirmed that the proposed tipping fee increase NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 636 will not jeopardize the RFP process to privatize Environmental Management. Hearing no further discussion concerning Commissioner Casters motion, Chairman Davis requested direction from the Board. Substitute Motion: Commissioner Barfield MOVED to adopt the Fiscal Year 2009-20010 Budget Ordinances for New Hanover County with an ad valorem tax rate of 46.25 cents. No SECOND was received, therefore the MOTION DIED. Amended Substitute Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adopt the Fiscal Year 2009-20010 Budget Ordinances for New Hanover County with an ad valorem tax rate of 46.25 cents and increase the Environmental Management tipping fee in the amount of $1.45 per ton. Upon vote, the MOTION FAILED 3 to 2. Chairman Davis, Commissioner Greer and Commissioner Caster voted in opposition. Substitute Motion: Commissioner Barfield MOVED to adopt the FY 2009-2010 Budget Ordinance for New Hanover County with an ad valorem tax rate of 45.75 cents and increase the Environmental Management tipping fee in the amount of $1.45. No SECOND was received; therefore the MOTION DIED. Hearing no further comments, Chairman Davis called for a vote on the amended motion. Amended Motion: Commissioner Caster MOVED to adopt the Fiscal Year 2009-2010 Budget Ordinance for New Hanover County with the current ad valorem tax rate of 45.25 cents; to transfer approximately $695,000 to the General Fund to pay for indirect costs for services provided by the General Fund to Environmental Management Fund and will be used by the General Fund to reduce the appropriated Fund Balance; and to increase the Environmental Management tipping fee by $4.65 per ton to $55.65 per ton. The tipping fee increase will have an effective date of August 1, 2009. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Greer and Commissioner Barfield voted in opposition. After a brief discussion clarifying the breakdown of the approved tipping fee increase, the direction of the Board is as follows: · $1.75 per ton of the $4.65 per ton tipping fee increase will balance the Environmental Management FY09-10 budget and prevent additional loans from the General Fund. · $2.90 per ton of the $4.65 per ton tipping fee increase will fund a transfer to the General Fund to pay for indirect costs for services provided by the General Fund to Environmental Management fund and will be used by the General Fund to reduce the appropriated Fund Balance. · Both fees to be effective August 1, 2009. Chairman Davis called for direction from the Board concerning the Fire Service District Budget Ordinance. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the Fire Service District Budget Ordinance with the tax rate of 6 cents. Upon vote, the MOTION CARRIED UNANIMIOUSLY. A copy of the Fiscal Year 2009-2010 Budget Ordinance and Environmental Management Fee Change Ordinance is hereby incorporated into the minutes and is contained in Exhibit Book XXXII, Page 13.9. BREAK Chairman Davis called for a break from 11:01 a.m. until 11:21 a.m. APPROVAL TO RENEW CONTRACT WITH AUDUBON NORTH CAROLINA FOR YEAR SEVEN OF THE MASON INLET WATERBIRD HABITAT MANAGEMENT PLAN Assistant County Manager Dave Weaver presented the request to renew the contract with Audubon North Carolina for continued monitoring and management of waterbird habitat on the northern end of Wrightsville Beach in the amount not to exceed $24,916.50. The funds are available in the Mason Inlet Project account for this contract. Representatives of the Mason Inlet Management Group have reviewed the contract favorably. Audubon North Carolina has successfully implemented the management component of the Mason Inlet Waterbird Habitat Management Plan since 2003. During this time human disturbances have been controlled and greatly reduced while nesting waterbirds and shorebirds have increased dramatically and habitat for waterbirds and shorebirds has been restored. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to renew the contract with Audubon North Carolina for the Mason Inlet Waterbird Habitat Management Plan in the amount not to exceed $24,916.50. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 637 PRESENTATION ON CISTERN PROJECT AT THE NEW HANOVER COUNTY GOVERNMENT CENTER New Hanover Soil & Water Conservation District Director Jennifer Braswell presented to the Board the proposed cistern project to be located at the New Hanover County Government Center. The purpose of this project is to reduce storm water runoff, assist with reducing operation cost associated with irrigating landscapes and to serve as an educational demonstration site for New Hanover County staff and the general public. The proposed cistern project will tie into a future rain garden site. A portion of the projects cost will be reimbursed by the New Hanover Soil and Water Conservation District Community Conservation Assistance Program, with the remaining cost encumbered by Cape Fear Rain Water Harvesting, Inc. On behalf of the Board,Chairman Davis thanked Ms. Braswell for the presentation. PHASE I OF THE OLSEN PARK PROJECT UPDATE Parks Director Neal Lewis presented the following update on Phase I of the Olsen Parks project: · The contract for Phase I of the Olsen Park Project has been awarded by the City of Wilmington. · Included are five lighted softball fields, one restroom/concession building and one restroom/vending building, one picnic shelter, roads and parking lot with 248 spaces, water and sewer utilities, drainage, landscaping and irrigation. · Additional costs include appliances, playground equipment, field lighting, CFPUA System Development Fees, foul poles, score booth structures, score sign, entry signage, site furnishings and contingencies. · Construction will begin in early July 2009. · Estimated completion is January 2010. · Playground to be joint project with the Kiwanis Club of Wilmington; Kiwanis will raise $75,000 to be matched with available Phase I funds. · Total cost for Phase 1 is estimated to be $3.7 million; $3.4 million is on hand with the goal to get a bid within the $3.4 million budget and if not, items will be cut or added to a future phase. · ACCESS of Wilmington is raising funds for the future addition of a Miracle Field. · Staff will update the Board on the plans, budget and schedule for the project On behalf of the Board, Chairman Davis thanked Mr. Lewis for the update. ADOPTION OF RESOLUTIONS AWARDING CONTRACTS FOR IMMEDIATE RESPONSE DEBRIS CLEARING; VEGETATIVE DEBRIS AND CONSTRUCTION AND DEMOLITION REMOVAL AND DISPOSAL; AND DANGEROUS TREE AND HANGING LIMB REMOVAL IN CASE OF EMERGENCY Environmental Management Director John Hubbard presented the request to have pre-position contracts in place for the rapid response and recovery in the event of a disaster should the County require assistance due to the magnitude of the event. Rates are established prior to the event to eliminate price gouging and having both a primary and a secondary contract will ensure a quick recovery should a problem develop with the primary contractor or should the magnitude of the event require additional assistance. The pre-position contracts will be in effect from the date of execution until June 30, 2010 and are dormant until activated. The County is not obligated to pay the contractor for any service unless a Notice to Proceed is issued. The following bids were requested: Immediate Response Debris Clearing - to clear critical routes and facilities by moving debris to the shoulders of roads in the event such a disaster occurs. A bid opening was held on April 29, 2009. The first place bidder, Crowder-Gulf, withdrew their bid because their bid was conditional to winning the Debris Removal Contract, which they did not win. D&J Enterprises, Inc. was then determined to be the lowest bidder and Jimmie Crowder Excavating and Land Clearing, Inc. were found to be the next lowest bidder. Staff recommends the Board adopt the resolution awarding contract 09-411A to D&J Enterprises, Inc., as primary contractor, and contract 09-411B to Jimmie Crowder Excavating and Land Clearing, Inc., as secondary contractor. Vegetative Debris and Construction and Demolition Removal and Disposal - remove vegetative and construction and demolition debris from the public right-of-way to permitted disposal facilities. Environmental Management Director Hubbard continued reporting that a bid opening was held on April 29, 2009 for the removal of Vegetative Debris and Construction and Demolition Removal and Disposal in case of emergency. Staff recommends the Board adopt the resolution awarding contract 09-412A to DRC Emergency Services, LLC as primary contractor and contract 09-412B to D&J Enterprises, Inc., as secondary contractor. Dangerous Tree and Hanging Limb Removal  cutting, loading, hauling and disposal of dangerous trees and hanging limbs from rights-of way, parks, Airlie Gardens, the Arboretum, and designated public property within the unincorporated limits of the County. Environmental Management Director Hubbard continued reporting that a bid opening was held on April 29, 2009 for the removal of Dangerous Tree and Hanging Limb Removal. Staff recommends adopting a resolution awarding contract 09-413A to DRC Emergency Services, LLC, as primary contractor and contract 09-413B to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 638 Jimmie Crowder Excavating and Land Clearing, Inc., as secondary contractor. Chairman Davis requested direction from the Board. Vice-Chairman Thompson stated that he would be voting in opposition to the resolutions due to his concern that a person with ownership in multiple companies is allowed to submit more than one bid. In response to Board questions, County Attorney Copley stated that staff would need to review the submitted bids to determine if a person had ownership in more than one company and had submitted more than one bid. She continued stating that staff would need to review this issue but did not feel there was a legal problem unless collusion could be shown. In response to Board questions, Environmental Management Director Hubbard confirmed that he was comfortable with the procedure that was used. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the resolutions as presented: · Awarding contract 09-411A to D&J Enterprises, Inc., as primary contractor, and contract 09-411B to Jimmie Crowder Excavating and Land Clearing, Inc., as secondary contractor for immediate response debris clearing in case of emergency; · Awarding contract 09-412A to DRC Emergency Services, LLC as primary contractor and contract 09- 412B to D&J Enterprises, Inc., as secondary contractor for vegetative debris and construction and demolition removal and disposal in case of emergency; and · Awarding contract 09-413A to DRC Emergency Services, LLC, as primary contractor and contract 09- 413B to Jimmie Crowder Excavating and Land Clearing, Inc., as secondary contractor for dangerous tree and hanging limb removal and disposal in case of emergency. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Thompson voted in opposition. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXII, Page 13.10. APPOINTMENT OF VOTING DELEGATE TO THE NATIONAL ASSOCIATION OF COUNTIES 2009 ANNUAL CONFERENCE Chairman Davis reported that the Board is being requested to appoint a voting delegate to the National Association of Counties' 74th Annual Conference to be held July 24-28, 2009 in Davidson County, TN. Commissioners Barfield and Greer will be attending the conference. Chairman Davis requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Thompson, to appoint Commissioner Barfield as voting delegate to represent the County at the National Association of Counties' 74th Annual Conference in Davidson County, TN. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the ABC Board Chairman Davis reported that one vacancy needs to be filled on the ABC Board with one applicant eligible for reappointment and three new applications having been received for consideration. Chairman Davis reported that a chairman also needs to be appointed and requested nominations from the Board. Commissioner Barfield nominatedRichard Hoffman. No second was received. Commissioner Greer nominated Richard Hanson. The nomination was seconded by Commissioner Caster. Vote: The Board voted 4 to 1 to appoint Richard Hanson to serve a three-year term on the ABC Board with the term to expire June 30, 2012. Commissioner Barfield voted in opposition. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to appoint Charles C. Wells to serve as chairman of the ABC Board with the term to expire June 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Airlie Gardens Foundation, Inc. Board of Directors Chairman Davis reported that four vacancies need to be filled on the Airlie Gardens Foundation, Inc. Board of Directors with four applicants being eligible for reappointment and moved for their reappointment. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to reappoint Mark S. Johnson, James P. Morton, Anne Murray, and Anne J. Sorhagen to serve three-year terms on the Airlie Gardens Foundation, Inc. Board of Directors with the terms to expire June 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 639 Appointments to the Airport Authority Chairman Davis reported that two vacancies need to be filled on the Airport Authority with two applicants being eligible for reappointment and ten new applications having been received and requested direction from the Board. Commissioner Caster nominatedCharles Richard Kays and John D. Lennon. The nomination was seconded by Commissioner Greer. Commissioner Barfield nominated Augustus Codington Everette, Jr. No second was received. Vote: The Board voted unanimously to reappointCharles Richard Kays and John D. Lennon to serve four-year terms on the Airport Authority with the terms to expire June 30, 2013. Appointment to the Cape Fear Community College Board of Trustees Chairman Davis reported that one vacancy needs to be filled on the Cape Fear Community College Board of Trustees with one applicant being eligible for reappointment and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to reappoint Commissioner Ted Davis, Jr. to serve a four-year term on the Cape Fear Community College Board of Trustees with the term to expire June 30, 2013. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Museum Advisory Board Chairman Davis reported that three vacancies need to be filled on the Cape Fear Museum Advisory Board with one applicant being eligible for reappointment and two new applications having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to reappoint John H. Haley to serve a three-year term on the Cape Fear Museum Advisory Board with the term to expire June 30, 2012, to appoint R. Jack Bragg to serve a three-year term on the Cape Fear Museum Advisory Board with the term to expire June 30, 2012 and to appoint Elizabeth R. Dawson to serve an unexpired term on the Cape Fear Museum Advisory Board with the term to expire June 30, 2010. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Cape Fear Public Utility Authority Chairman Davis reported that two vacancies need to be filled on the Cape Fear Public Utility Authority with two applicants being eligible for reappointment and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Commissioner William A. Caster and Commissioner Robert G. Greer to serve three-year terms on the Cape Fear Public Utility Authority with the terms to expire July 1, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Criminal Justice Partnership Advisory Board Chairman Davis reported that vacancies need to be filled on the Criminal Justice Partnership Advisory Board with four applications having been received and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint Brien H. Campbell, Janet R. Coleman, J.H. Corpening, II and Chris Coudriet to serve three-year terms on the Criminal Justice Partnership Advisory Board with the terms to expire September 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Nursing Home Community Advisory Committee Chairman Davis reported that vacancies need to be filled on the Nursing Home Community Advisory Committee with one applicant being eligible for reappointment and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to reappoint John E. Brett to serve a three-year term on the Nursing Home Community Advisory Committee with the term to expire June 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Parks and Recreation Advisory Board Chairman Davis reported that two vacancies need to be filled on the Parks and Recreation Advisory Board with two applicants being eligible for reappointment and four new applications having been received and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to reappoint Henry D. Browning, IV and Derrick G. Hickey to serve three-year terms on the Parks and Recreation Advisory Board with the terms to expire June 30, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEM ADOPTION OF BOND ORDER AND RESOLUTION AUTHORIZING THE ISSUANCE OF $55 MILLION GENERAL OBLIGATION REFUNDING BONDS Finance Director Avril Pinder presented the request to refinance the higher interest rate debts for the following bonds: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 640 · School Bonds, Series 2001, dated June 1, 2001 and $24,000,000 of such Bonds maturing in the years 2012 to 2021. · School Bonds, Series 1995, dated September 6, 1995, and $9,000,000 of such bonds maturing in the years 2013 to 2016. · Public Improvement Bonds, Series 2002, dated June 1, 2002 and $17,900,000 of such Bonds maturing in the years 2013 to 2022. An application has been filed with the Secretary of the Local Government Commission of North Carolina. The County has been notified that the application has been accepted for submission to the Local Government Commission. Staff is requesting that the Board adopt the bond order and the resolution authorizing the public hearing to be held in conjunction with the boards regular meeting scheduled for July 6, 2009 at 6:00 p.m. Chairman Davis stated that before the Board is a bond order authorizing the issuance of up to $55,000,000 general obligation refunding bonds. The County has found it advisable to refund all or a portion of its outstanding Public Improvement Bonds and its outstanding School Bonds. Chairman Davis requested a motion to adopt the Bond Order Authorizing the Issuance of up to $55,000,000 General Obligation Refunding Bonds. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the Bond Order Authorizing the Issuance of up to $55,000,000 General Obligation Refunding Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis added that a sworn statement of the Countys debt will be filed with the Clerk to the Board and is open to public inspection. Chairman Davis continued reporting that before the Board is a resolution to hold a public hearing on the Bond Order Authorizing the Issuance of up to $55,000,000 General Obligation Refunding Bonds of the County of New Hanover and requested a motion to adopt the resolution to hold a public hearing at our regular meeting on July 6, 2009 at 6 oclock p.m. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the resolution to hold a public hearing on the Bond Order Authorizing the Issuance of up to $55,000,000 General Obligation Refunding Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis added that the Clerk is directed to publish a Notice of Bond Hearing and the County Finance Officer is directed to file with the Clerk, prior to the Notice of Public Hearing, a statement setting forth the debt incurred, the assessed value of the property subject to taxation by the County and the net debt of the County. A copy of the bond order and resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXII, Page 13.11. 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. Dr. Anthony Wade, City of Greensboro Human Relations Director, stated his support of the continued existence of the New Hanover County Human Relations Commission and urged the Board to reconsider their action. The Commission could still continue with minimal budget impact. Tannis Nelson spoke on her disappointment of the Boards earlier action on the Consent Agenda repealing Chapter 35 of the New Hanover County Code ceasing the Human Relations Commission and urged the Board reconsider their action. City of Wilmington Councilman Ron Sparks addressed the Board requesting that the Human Relations Commission be re-established as a stand-alone commission so that the Commissions work can continue. Jackie Greer voiced her concern on roadway design of Highway 17 South that runs through the community of Scotts Hill requesting that the road be redesigned to allow for better access. Chairman Davis requested staff review the roadway design and assist Ms. Greer as appropriate. CLOSED SESSION Chairman Davis announced a Closed Session pursuant to N.C.G.S. 143-318.11(6) to set an employee salary and compensation package for Sheriff Ed McMahon. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to enter into a Closed Session pursuant to N.C.G.S. 143-318.1(6) to set an employee salary and compensation package for Sheriff Ed McMahon. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JUNE 22, 2009 PAGE 641 Chairman Davis convened to Closed Session at 12:20 p.m. CONVENE TO REGULAR SESSION Chairman Davis reconvened to Regular Session at 12:41 p.m. and reported that the Board had considered Sheriff McMahons annual salary and requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to set the annual salary for Sheriff Ed McMahon at $110,000 effective July 1, 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 12:44 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.