2009-07-20 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 648
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, July 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
Dr. William Brown, Associate Pastor, First Presbyterian Church, gave the invocation.
Commissioner Barfield 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:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, 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 July 6, 2009 as
presented by the Clerk to the Board.
Ratification of Department of Homeland Security 2009 Assistance to Firefighters Grant Application Fire
Services
The Commissioners ratified the submission of the 2009 Assistance to Firefighters grant application to the
Department of Homeland Security in the total amount of $190,185. The Federal share will be in the amount of
$152,148 and the County match will be in the amount of $38,037 with the anticipation that the match will be funded
by Appropriated Fund Balance (Fund 230). If awarded, the funds will be used as follows:
·
$75,505 to purchase a high flow firefighting foam trailer.
·
$32,000 to purchase foam concentrates.
·
$15,825 for employee training for fifteen on Urban Search and Rescue Training and Structural
Collapse Rescue.
·
$33,255 for salary expenses for the fifteen employees attending the training.
·
$33,600 for career officer development training and succession planning for twenty-eight officers.
Acceptance of Grant Funds from the American Recovery and Reinvestment Act for In-School Influenza
Clinics and Adoption of Budget Ordinance Amendment 10-007 Health Department
The Commissioners, on behalf of the Health Department, accepted grant funds from the American
Recovery and Reinvestment Act in the amount of $68,055 and adopted Budget Ordinance Amendment 10-007. The
funds will be used for personnel and operating costs to provide vaccination clinics in New Hanover County schools
for the 2009-2010 school year. One full-time temporary nurse, two part-time temporary nurses and two full-time
temporary administrative support technicians will be hired for four months to administer the program. The
remainder of the funds will cover mileage and supplies. No County match is required.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXII, Page 15.1.
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 June 30, 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 15.2.
Authorization for Release of Taxes Barred for Calendar Years 1997 and 1998 Tax Department
The Commissioners, pursuant to General Statute 105-378, authorized the release of taxes barred for
calendar years 1997 and 1998.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 649
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
2010-01 - Sheriff's Office
2010-02 - 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 15.3.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager Shell requested the following employees to step forward to receive service awards:
Five Year: Catherine Burdick, Health Department
Rudolph Howell, Sheriffs Office
Victoria Ohanesian, Fire Services
Paul Prince, Property Management
Kristen Wingenroth, Emergency Management
Fifteen Years: Lori Harvey, Department of Social Services
John Timmerman, Cape Fear Museum
Twenty Years: Arena Everett, Department of Social Services
Victoria Harvin, Tax Department
Pamela Howell, Information Technology
Duane Ward, Sheriffs Office
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:
Marilyn Costen, Department of Social Services
Alexandra Matthews, Health Department
Allison Nance, Department of Social Services
Chris Preston, Youth Empowerment Services
Marcos Romain, Health Department
Charles Salmeri, Environmental Management
On behalf of the Board, Chairman Davis welcomed the new employees to County Government and wished
them success in their new positions.
PUBLIC HEARING AND AUTHORIZATION TO SUBMIT AN APPLICATION TO THE NORTH
CAROLINA DEPARTMENT OF TRANSPORTATION FOR RURAL OPERATING ASSISTANCE
PROGRAM FUNDS
Wave Transit Authority PlannerMatthew Kunic presented the request for the Board to hold a public
hearing and authorize them to submit an application to the North Carolina Department of Transportation for Rural
Operating Assistance Program Funds in the amount of $303,094. No County match is required. If awarded, the
funds will be used to provide transportation services to specific populations of the unincorporated areas of the
County as follows:
·
$142,845 for the Elderly and Disabled Transportation Assistance Program
·
$39,815 for the Employment Transportation Assistance Program
·
$120,434 for the Rural General Public Transportation Program
Chairman Davis opened the public hearing on the proposed use of the Rural Operating Assistance Program
funds.
Hearing no comments, Chairman Davis closed the public hearing and requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to authorize the submission of
an application for Rural Operating Assistance Program grant funds in the amount of $303,094 to the North Carolina
Department of Transportation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the grant application is available for review in the County Managers office or WAVE Transit
office.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 650
APPROVAL OF REQUEST BY THE NEW HANOVER COUNTY BOARD OF EDUCATION
APPROVING THE APPLICATION FOR A NO-INTEREST LOAN FOR AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 FUNDS
New Hanover County Schools Assistant Superintendent for Planning, Technology, and Operations Bill
Hance presented the request on behalf of the New Hanover County Board of Education to submit an application for
a no-interest loan for American Recovery and Reinvestment Act of 2009 funds in the amount of $2,901,219.16. The
State Board of Education, through the Department of Public Education, has allocated this amount to New Hanover
County Schools for the Qualified School Construction Bonds Program. The Board of Education approved the
application at their July 7, 2009 meeting. The funding is requested for the following projects:
·
Roof replacement at Mosley Performance Learning Center (Lakeside) in the amount of $522,700
·
Roof replacement at Bradley Creek Elementary School in the amount of $979,400
·
Roof replacement at Virgo Middle School in the amount of $570,200
·
Building renovations at Wrightsboro Elementary School in the amount of $828,919.16
Finance Director Avril Pinder reported that the funding is a no-interest loan that New Hanover County will
be required to pay back. There are sufficient funds in the Countys New Hanover County Schools Fund 225 to pay
the FY09-10 debt payment in the approximate amount of $193,000. Interest on this program would be
approximately $900,000 over the fifteen-year period of the loan. The debt payments will impact future County
budgets and the outstanding debt will be the responsibility of New Hanover County. Debt service would need to be
considered on a yearly basis during the budget process. The County will also be responsible for the cost of issuance
such as attorney and underwriter fees, usually about 2% of the amount borrowed.
Chairman Davis requested direction from the Board.
After Board discussion and in response to concern about the impact the additional debt service will have on
the County budget, Mr. Hance confirmed that he understands that the Board will consider the debt service each year
during the budget process and will relay this information to the members of the Board of Education. The projects
that are included in the funding request are currently on the school systems capital project list.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to approve the request by the
New Hanover County Board of Education to submit an application for a non-interest loan for American Recovery
and Reinvestment Act of 2009 funds in the amount of $2,901,219.16 as presented. Upon vote, the MOTION
CARRIED 4 TO 1. Vice-Chairman Thompson voted in opposition.
COOPERATIVE EXTENSION ACCOMPLISHMENT PRESENTATION
Cooperative Extension DirectorMelissa Hight presented the following highlights of Fiscal Year 2008-2009
accomplishments for New Hanover County Cooperative Extension:
·
Partnership with North Carolina State University and North Carolina A&T State University.
·
A total of 2,206 youth participated in 4-H life skills programs.
·
Fifteen special interest 4-H Clubs.
·
Ability Garden received $78,000 in grants/donations and $14,000 in plant sales receipts.
·
Commercial horticulture impacts include workshops, pesticide education classes, safety disposal of
pesticide, and provided preparation for advanced certifications.
·
Consumer horticulture impacts include diagnosing problems for citizens and plant clinics.
·
The launch of the Rain Garden Certification program.
th
·
Hosted the 13 annual Tree Fest; in 2008 12,500 trees were given away to 1,200 citizens.
·
Volunteer contributions totaled 20,520 hours @ $20.25 per hour for a total of $415,530.
·
Master Gardener Association Resource Development funds used for educational efforts and grounds.
·
Revenue receipts from the Friends of the Arboretum total $25,085 and $52,553 from Friends of the
Arboretum fund raisers.
·
Continued education of citizens and protecting the environment.
On behalf of the Board, Chairman Davis thanked Ms. Hight, staff, volunteers, and Advisory Council
members for their service to the County.
ACCEPTANCE OF THE 2008 COLLECTION SETTLEMENT REPORTS
As required by North Carolina General Statute New Hanover CountyCollector of Revenue Michelle
Harrell presented the Collection Settlement Reports for Tax Year 2008 highlighting that in tax year 2008 the overall
combined collection rate climbed to 98.60%. This rate surpassed the previous all time high rate of 98.57% achieved
back in 1994.
New Hanover County:
·
First prior year 2007 total collected in the amount of $ 1,720,125.15.
·
Second prior year 2006 total collected in the amount of $195,680.40.
·
Total collected for prior years 1999-2005 in the amount of $101,405.25.
·
In tax year 2008 our overall combined collection rate climbed to 98.60%. This rate surpassed the
previous all time high rate of 98.57% achieved back in 1994.
·
According to the Star News foreclosures in tax year 2007 totaled 403; tax year 2008 totaled 603.
·
In November 2007, the New Hanover County Tax Office began participating in the North Carolina
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 651
Department of Revenue Debt Set Off initiative.
·
During the 2008 tax year, we collected $44,169.45 from delinquent taxpayers refunds from the North
Carolina Department of Revenue.
Fire Service District:
·
98.57% tax collection rate for 2008.
·
First prior year 2007 total collected in the amount of $82,301.58.
·
Second prior year 2006 total collected in the amount of $7,343.55.
·
Total collected for prior years 1999-2005 in the amount of $3,007.10.
A copy of the 2008 Collection Settlement Reports is available for review in the Tax Department.
ADOPTION OF RESOLUTION APPROVING THE CAPITAL PROJECT ORDINANCE FOR LANDFILL
CELL 6D CONSTRUCTION, ADOPTION OF BUDGET ORDINANCE AMENDMENT, ADOPTION OF
CAPITAL PROJECT ORDINANCE AND TASK ORDER 09-04
Environmental Management Director John Hubbard presented the request for the Boards consideration to
establish a Capital Project Ordinance to establish the funds for the construction of Landfill Cell 6D. A bid opening
was held on June 24, 2009, at which time nine bids were received. The bid package included two approaches to
construction. The first alternative bid (base bid) was for a total construction period of 150 days. The second
alternative (adjusted base) was for a construction period of 120 days. This was done to address concerns of the
timing, since construction of this cell had been postponed once and the area in which waste is disposed now has
limited life remaining.
The lowest responsible bidder for the base bid is Elite Construction and Grading at $1,197, 777. The lowest
responsible bidder for the adjusted base is ES&J at $1,248,135.30. Funding for this project is included in
Environmental Management's FY 09-10 budget. The County is currently issuing a Request for Proposals for Solid
Waste Management Services and it is the anticipation of staff that the company with the winning proposal will
reimburse the County for the amount of this project.
Staff is requesting the Board adopt the resolution approving the construction of Landfill Cell 6D and
awarding the contract to Elite Construction and Grading Inc. in the amount of $1,197,777, adopt the Capital Project
Ordinance, Budget Ordinance Amendment 2010-03, and approve Contract 08-0301 Task Order 09-04 with SCS
Engineering for engineering work in the amount of $296,661.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to adopt the resolution
approving the construction of Landfill Cell 6D and awarding the contract to Elite Construction and Grading Inc. in
the amount of $1,197,777, adopt the Capital Project Ordinance, Budget Ordinance Amendment 2010-03, and
approve Contract 08-0301 Task Order 09-04 with SCS Engineering for engineering work in the amount of
$296,661. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution, Capital Project Ordinance, and Budget Ordinance Amendment is hereby
incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 15.4.
APPROVAL TO REVOKE THE JUNE 1, 2009 RESOLUTION CALLING FOR A SPECIAL ADVISORY
REFERENDUM CONCERNING THE LEVY OF A ONE-QUARTER CENT COUNTY SALES AND USE
TAX AND TO DIRECT STAFF TO PREPARE A RESOLUTION FOR THE BOARDS CONSIDERATION
AT THE AUGUST 17, 2009 MEETING CALLING FOR A SPECIAL ADVISORY REFERENDUM
CONCERNING THE LEVY OF A ONE-QUARTER CENT COUNTY SALES AND USE TAX TO BE
PLACED ON THE MAY 2010 BALLOT
.
County Manager Bruce Shell reported that on June 1, 2009, New Hanover County Commissioners
approved a resolution calling for a special advisory referendum concerning the levy of a one-quarter cent County
sales and use tax, with the exception of food, to be placed on the November ballot.
Since the time the resolution was passed, the Governor has proposed an additional sales tax to help balance
the State budget. One consideration is to not proceed with the referendum in view of the State potentially increasing
the sales tax. Another consideration is to move forward with July 20, 2009 being the last opportunity to make the
decision to not include the referendum on the November 2009 ballot. Potential estimates of $7 million per year
which is 3 cents on the current tax rate.
Staff is recommending the Board consider revoking the resolution calling for a special advisory referendum
concerning the levy of a one-quarter cent County Sales and Use Tax.
Chairman Davis requested direction from the Board.
The Board held a discussion concerning the one-quarter cent County Sales and Use Tax being preferable to
an increase in the tax rate and a more equitable way to share the tax burden but voiced concern about the timing of
the referendum with the State considering an increase in the sales tax rate. This item could be placed on the May
2010 ballot with an effective date of October 1, 2010.
Commissioner Barfield encouraged the Board to move forward with the special advisory referendum
stressing that it is the Boards responsibility to educate the public about the pros and cons of the one-quarter cent
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 652
County Sales and Use Tax.
Motion:
Commissioner Barfield MOVED to proceed with the June 1, 2009 resolution calling for a special advisory
referendum concerning the levy of a one-quarter cent County Sales and Use Tax to be placed on the November 3,
2009 ballot. The motion died for lack of a second.
Motion:
Commissioner Caster MOVED to revoke the June 1, 2009 resolution calling for a special advisory
referendum concerning the levy of a one-quarter cent County Sales and Use Tax to be placed on the November 3,
2009 ballot. The motion died for lack of a second.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to revoke the June 1, 2009
resolution calling for a special advisory referendum concerning the levy of a one-quarter cent County Sales and Use
Tax to be placed on the November 3, 2009 ballot and to direct staff to prepare a resolution for the Boards
consideration at the August 17, 2009 meeting calling for a special advisory referendum concerning the levy of a one-
quarter cent County Sales and Use Tax to be placed on the May 2010 ballot. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
BREAK
Chairman Davis called for a break from 10:38 a.m. until 10:45 a.m.
APPOINTMENT OF COMMISSIONER CASTER AS VOTING DELEGATE TO THE NORTH
CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 2009 ANNUAL CONFERENCE
Chairman Davis reported that the Board is being requested to appoint a voting delegate to the North
Carolina Association of County Commissioners; 2009 Annual Conference that will be held August 27 - 30, 2009 in
Catawba County, North Carolina. Commissioners Barfield, Caster, and Greer will be attending the conference.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson, to appoint Commissioner
Caster as voting delegate to represent the County at the North Carolina Association of County Commissioners 2009
Annual Conference in Catawba County, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY.
COMMITTEE APPOINTMENTS
Appointment to the Cooperative Extension Advisory Council
Chairman Davis reported that vacancies need to be filled on the Cooperative Extension Advisory Council
with one new application having been received and requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to appoint Paul Masten to
serve an unexpired term on the Cooperative Extension Advisory Council with the term to expire May 31, 2010.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment to the Cape Fear Museum Advisory Board
Chairman Davis reported that one vacancy needs to be filled on the Cape Fear Museum Advisory Board
with one new application having been received and requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to appoint Sandra J. Sheridan 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 Inspections Department Advisory Council
Chairman Davis reported that four vacancies need to be filled on the Inspections Department Advisory
Council with two applicants being eligible for reappointment and two new applications having been received and
requested direction from the Board. The following categories each have a vacancy: Commercial Builder; Engineer;
Mechanical Contractor; and Plumbing Contractor.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to reappoint William C.
Tchouros in the Plumbing Contractor category and James Steele Williams, III in the Mechanical Contractor category
and to appoint David F. Michael in the Commercial Builder category and Howard Resnick in the Engineer category
to serve three-year terms on the Inspections Department Advisory Council with the terms to expire July 31, 2012.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Planning Board
Chairman Davis reported that three vacancies need to be filled on the Planning Board with three applicants
being eligible for reappointment and four new applications having been received and requested direction from the
Board.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to reappoint Richard Collier,
Melissa G. Johnson, and James Steele Williams, III to serve three-year terms on the Planning Board with the terms
to expire July 31, 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JULY 20, 2009 PAGE 653
ADDITIONAL ITEM
ADOPTION OF RESOLUTION CONFIRMING THE SALE OF $48,970,000 GENERAL OBLIGATION
REFUNDING BONDS SERIES 2009
Finance Director Avril Pinder reported that staff has been working on refunding the outstanding 2001 and
2002 general obligation bonds as well as converting the 1995 variable rate bonds to a fixed rate. The following
bonds have been refunded:
·
2001 and 2002 bonds - 2.91% fixed rate
·
1995 bonds - 1.98% fixed rate
This pricing will generate a total savings in the amount of $2,281,000 over the next twelve years which is
well above staffs preliminary expectations in the amount of $1,657,000.
Chairman Davis reported that before the Board is a resolution confirming the sale of $48,970,000 General
Obligation Refunding Bonds, Series 2009 and requested a motion to adopt the resolution ratifying, confirming and
approving the Pricing Certificate dated July 15, 2009 and directing the Chairman and Clerk to the Board of
Commissioners, the County Manager, the Finance Director and other officials to take all actions necessary in
connection with the sale and issuance of the bonds.
Chairman Davis requested a motion for approval.
Motion:
Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adopt the resolution
confirming the sale of $48,970,000 General Obligation Refunding Bonds, Series 2009. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 15.5.
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. Robert Parr, Middle Sound Lookout, voiced his concern about Titan Americas location to New
Hanover County due to the negative environmental impacts and the destruction of wetlands. He requested the Board
write letters to the Governor requesting that permitting for this project be delayed pending the completion of the
environmental impact statement.
In response to statements made by Dr. Parr concerning Titan America, Commissioner Barfield read a letter
he received by Dee Freeman, Secretary to Governor Beverly Perdue, which in part states:
A 1983 Attorney Generals Opinion noted that a State Environmental Policy Act (SEPA)
document is required only if there is an expenditure of public moneys for the project or program
that is the subject of the state action. The opinion also concluded that there is no expenditure of
public moneys unless there is an actual disbursement of funds. Accordingly, and as noted above,
it has been determined that a SEPA document is not necessary in this case.
Tracy Skrabal, North Carolina Coastal Federation, voiced her concern about Titan Americas location to
New Hanover County due to the negative environmental impact and requested other Board members write letters to
the Governor requesting additional documentation from the North Carolina Department of Environment and Natural
Resources on why the State Environmental Policy Act does not apply to this case.
NOTICE OF CANCELLED MEETINGS
Chairman Davis reported the Regular Session Meeting of the Board scheduled for Monday, August 3, 2009
at 6 p.m. has been cancelled. The Planning Board did not hold a meeting in July; therefore, there are no planning
items to bring forward for the Boards consideration.
In conjunction with the cancellation of the Regular Session meeting of the Board the Agenda Review
Meeting scheduled for Thursday, July 30, 2009 has also been cancelled.
ADJOURNMENT
There being no further business, Chairman Davis adjourned the meeting at 11:10 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