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2010-03-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 1,2010 PAGE 763 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 1, 2010, at 4:15 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order. CLOSED SESSION Chairman Thompson announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6)to conduct annual performance evaluations for the County Manager, County Attorney and Clerk to the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to enter into a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6)to conduct annual performance evaluations for the County Manager, County Attorney and Clerk to the Board. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson convened to Closed Session at 4:17 p.m. in the Commissioners Conference room. CONVENE TO REGULAR SESSION Chairman Thompson convened the meeting to Regular Session at 6:00 p.m. and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Bill Braswell,Pine Valley United Methodist Church,gave the invocation. Boy Scouts representing various county troops led the audience in the Pledge of Allegiance to the Flag. RESULTS OF CLOSED SESSION Chairman Thompson announced that the performance reviews were completed for the County Manager, County Attorney and the Clerk to the Board with all three employees meeting or exceeding expectations. Due to budget constraints,these employees will not receive any additional compensation. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, 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 meetings as presented by the Clerk to the Board: Agenda Review meeting held on February 11, 2010 Regular Session meeting held on February 15,2010 Adoption of Proclamation Recognizing March 10, 2010 as Kiwanis Club of Wilmington, Inc. Day in New Hanover County—Governing Body The Commissioners adopted the proclamation recognizing March 10, 2010 as Kiwanis Club of Wilmington, Inc. Day in New Hanover County. Chairman Thompson will present the proclamation to the organization at their March 10,2010 celebration. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 5.1. 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 January 31, 2010. 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 XXXIII,Page 5.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 1,2010 PAGE 764 Approval of New Hanover County Board of Education Budget Amendment#7—Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Budget Amendment #7. The budget amendment increases the funding in the current amended budget by $13,104 for a rebate check from Progress Energy Carolina's Energy Efficiency Business Program and transfers funds between projects. Bond funds in the amount of $700,000 were transferred from Sunset Park to Bond Contingency, and$78,000 was transferred from Pre-K Renovations-Johnson to Pre-K Renovations-Blount. A copy of the New Hanover County Board of Education capital outlay budget amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendment for fiscal year ending June 30, 2010: 2010-44-Finance Department A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 5.3. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION HONORING COMMUNITY PARTNERS AND CELEBRATING 100 YEARS OF SCOUTING Parks, Gardens, and Senior Resources Director Jim McDaniel and Parks Superintendent Andy Johnson, presented the request for the Board's consideration of a resolution Honoring Community Partners and Celebrating 100 Years of Scouting. Commissioner Davis read the resolution into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Caster, to adopt the resolution Honoring Community Partners and Celebrating 100 Years of Scouting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Representatives from Boy Scout Troops 232 and 239 were present to receive the resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 5.4. HONOR FLIGHT OF SOUTHEASTERN NORTH CAROLINA PRESENTATION Jeremy Phillips and Jason McLeod presented a Power Point presentation highlighting the Honor Flight of Southeastern North Carolina which is a non-profit program operated entirely by volunteers. The Wilmington headquarters is affiliated with the national Honor Flight Network and serves veterans of Southeastern North Carolina and surrounding areas. Honor Flights demonstrate respect and admiration for World War II veterans by flying them at no cost to Washington, DC to see the World War II Memorial. Honor Flight of Southeastern North Carolina's Inaugural flight is April 13,2010. ADOPTION OF RESOLUTION AWARDING BID 10-0296 TO TRIAD FIRE,INC. FOR THE PURCHASE OF A CUSTOM FIRE PUMPER TRUCK AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 10-166 Fire Chief Donnie Hall presented the request for the Board's consideration to adopt the resolution awarding bid 10-0296 to Triad Fire, Inc. for the purchase of a custom fire pumper truck with a 2009 engine in the amount of $542,909 and adopt Budget Ordinance Amendment 10-166. Hearing no further discussion, Chairman Thompson requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution awarding Bid 10-0296 to Triad Fire, Inc. for the purchase of a custom fire pumper truck with a 2009 engine in the amount of$542,909. Upon vote,the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt Budget Ordinance Amendment 10-166. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 5.5. PUBLIC HEARING AND APPROVAL OF REQUEST BY SQUIRES TIMBER COMPANY TO REZONE APPROXIMATELY 1.58 ACRES LOCATED AT 5233 CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURAL TO O&I OFFICE AND INSTITUTIONAL DISTRICT(Z-901,2/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planning and Zoning Manager Jane Daughtridge presented the request by Squires Timber Company to rezone approximately 1.58 acres of property located at 5233 Castle Hayne Road from RA Rural Agricultural to O&I NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 1,2010 PAGE 765 Office and Institutional District and presented a slide overview of the request. In response to Board questions, Planning and Zoning Manager Daughtridge confirmed that the proposed rezoning fits the planning proposed from the recent Castle Hayne Initiative and Land Use Plan Study and is consistent with the"community" classification and desires of the Castle Hayne Community Plan. Planning and Inspections Director Chris O'Keefe continued reporting that at the Planning Board's February 4, 2010 meeting, they voted 6-0 to recommend approval of a zoning change to Office and Institutional (O&I)District rather than the originally requested B-2 Highway Business District. The petitioner was amenable to the change. One adjacent property owner expressed concerns for placing the initial B-2 zoning adjacent to his residential acreage but was amiable to the recommended O&I Zoning District stating that it was more in keeping with the surrounding area. The Board reviewed the table of permitted uses within O&I District, with Chairman Thompson requesting that at a future date the table of permitted uses be reviewed. In response to Board questions, Director O'Keefe reported that the zoning change was in response to the concerns of an adjoining property owner. The Castle Hayne Community Plan has the vision of a mix of uses, including O&I,B-1 and B-2,as appropriate. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Jim High, on behalf of Squires Timber Company, presented an overview of the rezoning request stating that they believe the request is consistent with the surrounding area. In response to Board questions, Mr. High confirmed that they wish to proceed with the requested rezoning of O&I District. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the request by Squires Timber Company to rezone approximately 1.58 acres of property located at 5233 Castle Hayne Road from RA Rural Agricultural to O&I Office and Institutional District finding that the request is: 1) consistent with the purposes and intent of the Community Land Classification; land use policy 4.1 adopted in the 2006 CAMA Land Use Plan; and the 2008 Castle Hayne Community Plan; and 2) reasonable and in the public interest to allow transition of land use from a low density residential Rural Agricultural District along an arterial roadway to Office and Institutional use. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book 11, Castle Hayne Section, Page 25.3. PUBLIC HEARING AND APPROVAL OF AMENDMENTS TO SECTIONS 50,59,67,69,72,107 AND 110 OF THE ZONING ORDINANCE RELATING TO THE EXCEPTIONAL DESIGN ZONING DISTRICT (A-384 2/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planning and Zoning Manager Jane Daughtridge presented the request to amend Sections 50-1, 50-3, 59.9- 2, 67134(1), 6713-10, 69.3, 72-38, 107-3, and 110-1 of the zoning ordinance relating to the Exceptional Design Zoning District (EDZD). The amendments represent only a portion of the changes that came before the Planning Board at their February 1, 2010 meeting. The Planning Board voted 6-0 to recommend approval of the proposed corrections and technical requirements, but continued the proposed changes to Section 53.6 relating to setbacks, open space, and lighting for further input from the public. Because there are potential applicants requesting Exceptional Design Zoning District, a portion of the changes are being forwarded for consideration. The remaining amendments will be considered at the March 4,2010 Planning Board meeting. The following changes are proposed at this time: • Section 50-1 -Establishment of Districts-add reference to Exceptional Design Zoning District. • Section 50-3 - Conditional Use District Classifications - clarify that Exceptional Design Zoning District would not be a Conditional Use District. • Section 59.9-2 -River Front Mixed Use—for clarification remove the reference to exceptional design which now has taken on a different meaning. • Section 6713-4(1) -Location of buffers - clarify that the required buffer is around the perimeter of the Exceptional Design Zoning District. • Section 6713-10 -Street Yard Landscaping-add Exceptional Design Zoning District reference to table. • Section 69.3 -Homeowners Associations-add Exceptional Design Zoning District reference. • Section 72-38 - Residential uses in commercial districts — remove bullet 9 because the exceptional design standards in this section would be in conflict with the new approach to exceptional design. • Section 107-3 -Certificate of Occupancy-add Exceptional Design Zoning District reference. • Section 110-1 -Amending the Ordinance-add Exceptional Design Zoning District reference. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 1,2010 PAGE 766 Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to approve amending Sections 50- 1, 50-3, 59.9-2, 67134(1), 67B-10(4), 69.3, 72-38, 107-3, and 110-1 of the zoning ordinance relating to the Exceptional Design Zoning District as presented finding that the request is 1)consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in the 2006 Land Use Plan;and 2) reasonable and in the public interest to make corrections and refinements relating to the new zoning district in order to create the appropriate references in the overall zoning ordinance. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 5.6. CONSIDERATION OF ABC BOARD POLICIES County Manager and Interim New Hanover County ABC Board Chairman Bruce Shell presented an overview of the following policies that are under consideration for adoption by the Interim ABC Board. • Cash Management and Investment Policy - the policy clarifies portfolio, custodial, banking, disbursement and reporting requirements. • Cell Phone Policy-the policy provides for an allowance plan for employees. • Ethics Policy-gift ban resolution as requested by Governor Perdue for all local ABC Boards. • Internal Control Policy- the policy provides guidelines for internal control procedures. • Personnel Policy—the policy mirrors the County's Personnel Policy including gifts and favors and employment of relatives. • Procurement Policy - the policy addresses bid procedures, purchase orders, and budgetary requirements. • Travel Policy—the policy provides written guidelines, allows for per diem meal reimbursement, and requires documentation for reimbursement. The ABC Board appointees will be subject to the same travel policy as employees. Travel expenditures are subject to availability of budgeted funds. Chairman Thompson asked the Board for comments. Commissioner Caster stated he was pleased that the draft personnel policy mirrored the county personnel policy clarifying that each local board adopts their own policies within federal and state guidelines. Vice-Chairman Barfield thanked the interim ABC Board for their hard work toward establishing policies and procedures to make the NHC ABC Board transparent. Commissioner Davis stated the following: • He requested staff to review Article 1.1 and Article 8.2.7 of the draft personnel policy to determine if there is a conflict in the language where it states that "the Board may terminate the employment relationship at any time,with or without notice or cause" and the language"dismissal for performance deficiencies will normally be preceded by prior warning". • He requested Article 3.6 concerning Longevity pay be removed from the policy; Chairman Thompson and Vice-Chairman Barfield voiced their agreement. • He requested the wording concerning the formal bidding process for construction be clarified. County Manager Shell reported that the commissioners' comments will be taken into consideration with the Interim ABC Board considering the draft policies at their meeting on March 18, 2010. The search for the CEO has been narrowed down to four candidates with interviews being conducted on March 12,2010. NON-AGENDA ITEMS Chairman Thompson 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 AGENDA ITEMS ACCEPTANCE OF GRANT FUNDS FROM THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ADOPTION OF BUDGET ORDINANCE AMENDMENT Assistant County Manager Andre' Mallette presented the request to the Board to accept grant funds from the North Carolina Department of Health and Human Services to enhance Americans with Disability Act compliance in New Hanover County's voting locations in the amount of$7,301. The funds will be used to upgrade the curbside call bell systems in all county voting places. No local match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,MARCH 1,2010 PAGE 767 Staff is requesting the Board accept the grant funds, adopt Budget Ordinance Amendment 10-184, and authorize staff to execute the appropriate paperwork. Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to accept grant funds from the North Carolina Department of Health and Human Services in the amount of $7,301, adopt Budget Ordinance Amendment 10-184, and authorize staff to execute the appropriate paperwork. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 5.7. ONE QUARTER-CENT SALES TAX REFERENDUM Vice-Chairman Barfield requested the public note that information on the one quarter-cent sales tax referendum is forthcoming reiterating the request is for a one quarter-of-one-penny increase in the sales tax. DISCUSSION OF DRAFT LOCAL ALCOHOL BEVERAGE CONTROL BILL Commissioner Greer stated that the Board has been requested by County Attorney Copley to review the proposed local Bill to increase the New Hanover County Alcohol Beverage Control Board membership from three to five members and to allow removal without cause. County Attorney Copley advises using the language from the original draft that the board members serve at the "pleasure of the Board of Commissioners" as does the County Manager, County Attorney and County Clerk. Commissioner Greer suggested that the Board support the proposed language. Chairman Thompson agreed and encouraged the other commissioners to provide their comments to Ms. Copley. The item will be brought forward for formal consideration at the Board's March 15, 2010 meeting. When approved, the Bill will be forwarded to Senator Boseman for submission to the General Assembly during the short session. FY2010-2011 BUDGET Chairman Thompson thanked the public for input on the FY2010-2011 budget noting that the suggestions he has received were cuts to state mandated programs and positions. He encouraged the public to continue giving input but cautioned that state mandated items cannot be cut so input needs to be limited to non-mandated items. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 7:30 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.