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2003-05-05 Water & Sewer NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3 REGULAR MEETING, MAY 5, 2003PAGE 14 ASSEMBLY The District Board of Commissioners of the New Hanover County Water and Sewer District met in Regular Session on Monday, May 5, 2003, at 5:52 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman Nancy H. Pritchett; District Commissioner Julia Boseman; District Commissioner Ted Davis, Jr.; District Commissioner William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the District Board, Lucie F. Harrell. Chairman Greer called the meeting to order. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved for anyone from the public to present an item that was not listed on the Regular Agenda. He requested all persons to limit their remarks to three minutes. No items were presented. PUBLIC HEARING ON REFUNDING OF DEBT FOR THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Ms. Lucie F. Harrell, Clerk to the District Board, reported to the District Board of Commissioners that the bond order entitled, “ BOND ORDER AUTHORIZING THE ISSUANCE OF $10,500,000 IN GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT,”which had been introduced on April 21, 2003, was published on April 24, 2003, with notice that the Board would hold a Public Hearing thereon on May 5, 2003, at 5:45 p.m. She also reported that the County’s Finance Officer did file in the Clerk’s office a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be .235% of the assessed valuation of property in the County subject to taxation. Chairman Greer called for a motion to proceed with holding a Public Hearing on the refunding bond order. Motion: District Commissioner Boseman, MOVED, SECONDED by District Commissioner Caster, to hold a Public Hearing on the Refunding Bond Order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing for the purpose of considering whether the New Hanover County District Board of Commissioners should approve a proposed bond order authorizing the issuance of $10,500,000 in General Obligation Refunding Bonds of the New Hanover County Water and Sewer District. Chairman Greer directed the Clerk to the District Board to read the bond order and notice of the public hearing published in the newspaper. Clerk Harrell read into the record the bond order and notice of public hearing published in the newspaper. Chairman Greer asked if anyone in the audience would like to be heard on this matter. No public comments were received. Chairman Greer asked if the Clerk to the District Board had received any written comments. Clerk Harrell responded that she had not received any written statements or comments related to this matter. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3 REGULAR MEETING, MAY 5, 2003PAGE 15 Chairman Greer called for a motion to close the Public Hearing. Motion: District Commissioner Davis MOVED, SECONDED by Vice-Chairman Pritchett, to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer closed the Public Hearing. Chairman Greer called for a motion from the Board to adopt, without change or amendment, and direct the Clerk to the District Board to publish as prescribed by the Local Government Bond Act the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $10,500,000 IN GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT,” introduced at the meeting of the Water and Sewer District Board of Commissioners held on April 21, 2003. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Boseman, to adopt a bond order authorizing the issuance of $10,500,000 in General Obligation Refunding Bonds of the New Hanover County Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the bond order is hereby incorporated as a part of the minutes and is contained in W&S Exhibit Book II, Page 36. Chairman Greer stated that the District Board needs to consider and take action on a resolution approving the introduction of a bond order authorizing the issuance of $7,000,000 in General Obligation Refunding Bonds of the New Hanover County Water and Sewer District. Chairman Greer called for a motion to proceed with the introduction of the bond order. Motion: District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, to proceed with the introduction of the bond order. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Lucie F. Harrell, Clerk to the District Board, read the resolution into the record approving the introduction of the bond order AUTHORIZING THE ISSUANCE OF $7,000,000 IN GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT setting a Public Hearing on the bond order for May 19, 2003, at 9:00 a.m. in the Assembly Room (Room 301) of the New Hanover County Historic Courthouse, 24 North Third Street. The Clerk to the District Board was directed to publish a notice of the hearing in a qualified newspaper no fewer than six days prior to the Public Hearing, and the Finance Officer was directed to file with the Clerk to the District Board prior to the publication of the bond order, a statement setting forth the debt incurred or to be incurred, the assessed value of the property subject to taxation by the District, and the net debt of the District. District Commissioner Davis spoke on the need to clarify the fact that the District Board was not acquiring new general obligation bonds. The District Board is refinancing existing bonds because of lower interest rates. He requested Finance Director Shell to report on the amount of money that will be saved by refinancing these bonds. Finance Director Shell responded that approximately $890,000 should be saved; however, with interest rates continuing to fall, the District may save more money. Chairman Greer stressed the importance of the public understanding that when bonds are refinanced, this does not mean that the term of payment is extended. The bonds have to be paid according to the original maturity date. He expressed appreciation to Finance Director Shell for taking advantage of a better interest rate and saving this amount of money for the Water and Sewer District NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3 REGULAR MEETING, MAY 5, 2003PAGE 16 Chairman Greer called for a motion to adopt the resolution. Motion: Vice-Chairman Pritchett MOVED, SECONDED by District Commissioner Caster, to adopt the resolution as introduced calling for the Public Hearing on the bond order to be held on May 19, 2003, at 9:00 a.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in W&S Exhibit Book II, Page 36. Additional Item: Discussion of Hiring a Facilitator to Assist the City and County in Combining Water and Sewer Services District Commissioner Davis reported that a letter was previously received from the Wilmington City Council requesting the Board of County Commissioners to consider hiring a facilitator/mediator to assist both governing bodies to agree upon a concurrent resolution so a Consolidation Study Commission could be appointed to prepare a plan to present to the citizens in the November 2004 general election. After discussion of this request, the Commissioners directed the Chairman to write a letter to the Mayor and Council Members informing them that the Board was not interested in entering into a facilitation or mediation process since the Commissioners had already adopted language in the concurrent resolution that had been previously agreed upon by the City Council and Board of County Commissioners. District Commissioner Davis stated that after giving some thought to the facilitation process, he felt it might be beneficial to hire a facilitator at no cost to work with the City Council and the Board of County Commissioners to see if an agreement could be reached to move forward with combining water and sewer services. He requested the District Board to consider this suggestion since all previous efforts were unsuccessful. Chairman Greer reported that after the joint meeting held with City Council on January 13, 2003, he and Vice-Chairman Pritchett met with City Council Member Laura Padgett and Council Member Jason Thompson to discuss merging water and sewer services. Unfortunately, the Council Members were not willing to consider the merger unless the City maintained its control of a combined water and sewer operation. He stated that if a majority of the District Board feels another attempt should be made with use of a facilitator, he would not have a problem with this approach. District Commissioner Caster advised that he felt a facilitator could be helpful in trying to work out an agreement to combine water and sewer services and stated at some point, the Council Members and County Commissioners will have to sit down and discuss merging these services. District Commissioner Boseman spoke on the need for the Commissioners to work with Council Members to merge some services and stated that combining water and sewer services would be an excellent way to start the process. Motion: District Commissioner Boseman moved for Staff to work with the City to obtain the services of a facilitator at no cost to assist the Board of County Commissioners and City Council with combining water and sewer services. District Commissioner Caster requested Commissioner Boseman to include in the motion that the two boards will meet with the facilitator. Amended Motion: District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, for Staff to work with the City to obtain the services of a facilitator and hold a joint meeting with the City Council and the facilitator to see if an agreement could be reached to move forward with combining water and sewer services. NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOOK 3 REGULAR MEETING, MAY 5, 2003PAGE 17 Substitute Motion: After expressing concern for twelve elected officials meeting with a blank piece of paper before them, Vice-Chairman Pritchett MOVED for the Water and Sewer Steering Committee to reconvene and meet with a facilitator to see if a proposal could be prepared to present to the two governing bodies before a joint meeting is held. Chairman Greer stressed the importance of all twelve elected officials meeting with the facilitator to determine if there is enough support for combining water and sewer services before reconvening the committee. He suggested requesting the County Manager and City Manager to select a facilitator to prevent the process from becoming bogged down. The SUBSTITUTE MOTION did not receive a second. District Commissioner Davis asked if there should be a provision in the amended motion to say that the City Council and Board of County Commissioners will both have to agree upon a facilitator at no cost. County Manager O’Neal recommended hiring a facilitator who does not live in the area to receive an objective view and suggested that the Board consider paying actual expenses incurred by that individual. Re-Amended Motion: After further discussion, District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, for the County Manager and City Manager to meet and select a facilitator at no cost, except for actual expenses, to be shared equally by the City and County. Thereafter, the City Council and Board of County Commissioners will meet with the facilitator to discuss combining water and sewer services. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: District Commissioner Boseman MOVED, SECONDED by District Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 6:29 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the District Board