2011-03-10 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,MARCH 10,2011 PAGE 140
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review on Thursday,March 10, 2011,
at 4:15 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government
Center Drive, Wilmington,North Carolina.
Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson;
Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; Assistant County
Attorney Sharon J.Huffman; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell.
REVIEW AND DISCUSSION OF AGENDA ITEMS
Chairman Barfield called the meeting to order and announced that the purpose of the meeting is to review
and discuss the Board's March 14,2011,Regular Session meeting agenda.
The Board reviewed the following Items:
Consent Agenda Item 2—Claim Settlement. Assistant County Attorney Sharon Huffman reported that the
County's insurance company settled a bodily injury claim on February 22, 2011 in the amount of$3,500 for a minor
child that was injured at Hugh McRae Park.
Consent Agenda Item 3 — Review of Preliminary Draft of the Community Services Block Grant
Application to be Submitted on Behalf of New Hanover County Community Action, Inc. Brenda Thomas, Family
Services Manager with New Hanover County Community Action, Inc., requested that the preliminary draft of the
Community Services Block Grant application be reviewed as required;no local match is required.
Consent Agenda Item 4 — Approval of Request for Quotation to the US Consumer Product Safety
Commission to Fund Public Pool Inspections in FY 11-12. Assistant County Manager Chris Coudriet presented the
request for the Board of Health to submit a Request for Quotation to the US Consumer Product Safety Commission
for reimbursement for inspections of public pools, spas and hot tubs during FY 2011-2012 in the amount of$40,000.
No local match is required. If awarded, the funds will be used as reimbursement for inspections that would have
occurred as a normal part of the public pool inspection program.
Consent Agenda Item 5 — Approval of Changes to Personnel Policy. County Manager Bruce Shell
presented the request for approval of changes to the Personnel Policy as follows:
• Article 6 - Conditions of Employment— Section 6.1, Workweek—The addition of a paragraph stating
that department heads have discretion to allow flexible work schedules.
• Article 6 - Conditions of Employment— Sections 6.13, 6.13.1, and 6.13.2 — The change includes all
tobacco products are prohibited in County-owned buildings,vehicles, or in restricted areas.
• Article 7 - Leave Policies — Sections 7.10 and 7.10.1 (administrative leave) — The change provides
clarification of employees eligible for administrative leave when declared by the County Manager.
• Article 8 - Performance, Discipline — Section 8.2.2 —Failure in Performance of Duties — The change
adds to the list of causes of"failure in performance of duties" failure to report motor vehicle or DWI
charges/convictions.
• Article 10 - Employee Benefits — Section 10.2, Retirement Benefits — The change allows all regular
employees to enroll in the retirement system effective on their hire date.
Consent Agenda Item 6 — Adoption of a Resolution Supporting Corridor Preservation for the Future
Hampstead Bypass. Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented
the request, on behalf of the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee,
to adopt the resolution supporting corridor preservation for the future Hampstead Bypass (R-3300) with the
preferred E-H alignment and answered questions from the Board.
Sheriff Ed McMahon presented the following agenda items for the Board's consideration:
• Consent Agenda Item 7—Acceptance of 2010 Grant Award from the Bureau of Justice Assistance and
Adoption of Budget Ordinance Amendment 11-179. Accept grant funds from the Bureau of Justice
Assistance in the amount of$11,694 to purchase bulletproof vests.
• Consent Agenda Item 8—Acceptance of 2008 Grant Award from the Port Security Grant Program and
Adoption of Budget Ordinance Amendment 11-190. Accept grant funds from the Port Security Grant
Program in the amount of$12,866 for rescue diver training. No local match is required.
• Consent Agenda Item 9—Adoption of Resolution Approving the Contract with Trinity Food Services.
Adopt the resolution approving the contract with Trinity Food Services in the amount of$0.94 per
meal for preparing and serving food for inmates and administrative staff at the County's Detention
Facility.
• Consent Agenda Item 10 — Acceptance of 2008 Grant Award from the Port Security Grant Prog am
and Adoption of Budget Ordinance Amendment 11-188. Accept grant funds from the Port Security
Grant Program in the amount of$109,770 to purchase a submersible robot. No local match is required.
Consent Agenda Item 11 — Adoption of Budget Ordinance Amendments. Budget Director Cam Griffin
provided an overview on the following Budget Ordinance Amendments:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,MARCH 10,2011 PAGE 141
11-174-Parks, Gardens, Senior Resource Center
11-178- Social Services
11-185 -Health
11-186-Health
11-187-Health
2011-37- Sheriff's Office
2011-38- Sheriff's Office
Regular Agenda Item 12 — Consideration of a Resolution Supporting the Current North Carolina Public
Alcoholic Beverage Control System. County Manager Bruce Shell presented the request for the Board's
consideration to adopt the resolution supporting the current North Carolina Public Alcoholic Beverage Control
System.
Regular Agenda Item 13 —Consideration of Proclamation for the North Carolina Black Film Festival being
held in New Hanover County on March 24-27,2011. Chairman Barfield will read the proclamation into the record.
Regular Agenda Item 14— Consideration of Donation by the Ministerial Alliance to the Faith Community
Fund at the Department of Social Services. Discussion was held on whether this was the correct name of the
organization donating the funds.
Regular Agenda Item 15 — Presentation on Establishing an Arts Council for New Hanover County.
Chairman Barfield presented the request for the Board's consideration to contribute $50,000 to establish an Arts
Council in New Hanover County.
Regular Agenda Item 16—Cape Fear Museum Advisory Board Annual Update.
Regular Agenda Item 17 —New Hanover County Youth Empowerment Services Advisory Board Annual
Update.
Regular Agenda Item 18—Cape Fear Public Utility Authority Update.
Regular Agenda Item 19—Consideration of Recommendation for Air Quality Consultant to Conduct Sulfur
Dioxide Monitoring in New Hanover County. Long Range Planning Manager Shawn Ralston presented the request
for the Board's consideration to contract with URS to conduct sulfur dioxide air quality monitoring at additional
locations in New Hanover County in the amount of$54,027.54. Staff is proposing to utilize the expertise of URS to
conduct additional S02 monitoring at locations in New Hanover County. The purpose of this monitoring will be to
gather information to provide data to North Carolina Division of Air Quality to make a case for limiting the size of
the potential non-attainment area.
Planning Director Chris O'Keefe presented the following agenda items for the Board's consideration:
• Regular Agenda Item 20—Public Hearing and Approval of Rezoning Request by Thomas H. Johnson
with Nexsen Pruet, and Ryan Foster with Flournoy Development, on Behalf of Bayshore Estates, Inc,
to Rezone 26.10 Acres of Property Located at 7910 Market Street from B-2 Commercial District and
R-15 Residential District to CD (R-15) Conditional District for the Purpose of Developing a Him
Density 260-Unit Apartment Complex (Z-908, 11/10). The County Commissioners continued this
item from their December 6, 2010 meeting in order to provide the applicant the opportunity to address
concerns of the adjacent property owners and Board. On February 15, 2011 concerns were addressed
with the submission of an updated High Density Development Concept Plan. Concessions addressed in
the revision include:
1. A reduction in the overall number of units from 270 to 260,with the decrease of Building 11 from
a three story to a two story structure.
2. Removal of a storm water pond between Marymount and Building 11 and the preservation of
existing trees.
3. Increasing the setback of Building 11 five more feet from the property line.
4. Reducing the parking lot size,with the removal of 10 parking spaces, originally allocated for the
10 units on the third story of Building 11.
5. Relocating the trash compactor,minimizing the effects on adjacent Marsh Oaks and Marymount
Townhome residents.
6. Commitment on behalf of the developer to construct improvements to Market Street,as outlined
by the MPO and DOT.
7. Installation of a five foot sidewalk along the property frontage on Market Street.
8. Removal of twenty feet, contiguous to the boundary of the commercial properties,from the
rezoning request.Reducing the total acreage of the proposal from 26.6 to 26.10 acres. The
property removed from the proposal will remain as a buffer between the project and the adjacent
commercial zoning.
• Regular Agenda Item 21 —Public Hearing and Consideration of Request by New Hanover County Fire
Services for a Special Use Permit to Locate a Fire Station in an R-15 Zoning District on
Approximately 0.8 Acre of Property Located at 6101 Carolina Beach Road (5-601,12/10). Adjacent
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,MARCH 10,2011 PAGE 142
neighbors expressed concerns about additional traffic, environmental impacts, adequacy of the
proposed facility, and property values with the primary topic of concern being that the County would
not fulfill the plan to build a park on the property.
Regular Agenda Item 22 — Consideration of Proposed Legislation.ation. The Board held a brief discussion
concerning the following legislative goals to be submitted to our local legislative delegation:
• Motor Vehicle Impoundment
• Election of Chairman of Board of Commissioners
• Term Limits for County Commissioners
• Amendment for Removal of Airport Authority Board Members — Commissioner Davis requested the
draft be edited to reflect the following verbiage, "Any member of the Airport Authority shall serve at
the pleasure of the New Hanover County Board of Commissioners and may be removed, without
cause,by a majority vote."
• Amendment for Removal of ABC Board Member
• Amendment of the Authority of Boards of Commissioners in Certain Counties over Commissions,
Boards, Agencies
• Modify School Budget and Fiscal Control Act
Regular Agenda Item 23 — Committee Appointments. The Board reviewed applications for the following
committees:
• Appointments to the Special Board of Equalization and Review
• Appointment to the Zoning Board of Adjustment
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the Agenda Review meeting at 5:35 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board