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2011-05-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 2,2011 PAGE 178 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 2011, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Chairman Barfield called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Imam Abdul Rahman Shareef, Tauheed Islamic Center,provided the invocation. Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the following minutes as presented by the Clerk to the Board. Budget Work Session Meeting held on April 14,2011 Agenda Review Meeting held on April 14,2011 Regular Meeting held on April 18,2011 Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2011-2012—County Manager's Office The Commissioners approved New Hanover County Juvenile Crime Prevention Council's funding recommendation for allocation of$433,344 in State Juvenile Crime Prevention Council funds for FY 2011-2012 as follows: Juvenile Crime Prevention Council Administration-$5,000 Youth Empowerment Services-$347,009 Teen Court-$38,000 Adoption of Resolution Accepting Various Donations of Equipment and Adoption of Budget Ordinance Amendment 11-228—Finance Department The Commissioners adopted the resolution accepting various donations of equipment to the County and adopted Budget Ordinance Amendment 11-228. A copy of the resolution and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.1. 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 March 31,2011: 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 XXXIV,Page 7.2. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-221 - Social Services 11-229-Tax 2011-48- Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIV,Page 7.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 2,2011 PAGE 179 REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING MAY 2011 AS COMMUNITY ACTION MONTH IN NEW HANOVER COUNTY New Hanover County Community Action, Inc. Chairman Rev. Charles Davis, Jr. and Program Specialist Ms. Nunley presented the request for the Board's consideration to proclaim May 2011 as Community Action Month in New Hanover County and were present to receive the proclamation. Commissioner Berger read the proclamation into the record. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing May 2011 as Community Action Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.4. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2011 AS PRESERVATION MONTH IN NEW HANOVER COUNTY The Historic Wilmington Foundation Executive Director George Edwards presented the request for the Board's consideration to proclaim May 2011 as Preservation Month in New Hanover County and was present to receive the proclamation. This year's theme is "Celebrating America's Treasures." Commissioner Catlin read the proclamation into the record. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing May 2011 as Preservation Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.5. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2011 AS WOMEN OF ACHIEVEMENT MONTH IN NEW HANOVER COUNTY YWCA Lower Cape Fear Executive Director Susan Fennell presented the request for the Board's consideration to proclaim May 2011 as Women of Achievement Month in New Hanover County. Ms. Fennell as well as staff, YWCA Board Members, and Women of Achievement Committee Members were present to receive the proclamation. Commissioner Davis read the proclamation into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing May 2011 as Women of Achievement Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.6. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2011 AS FOSTER CARE AWARENESS MONTH IN NEW HANOVER COUNTY Department of Social Services Director LaVaughn Nesmith and Assistant Director Wanda Marino submitted the request for the Board's consideration to proclaim May 2011 as Foster Care Awareness Month in New Hanover County and were present to receive the proclamation. Vice-Chairman Thompson read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to adopt the proclamation declaring May 2011 as Foster Care Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Nesmith and Ms. Marino recognized Lisa and Ronnie Roberts for their care of over 70 foster children since 1994. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.7. ADOPTION OF RESOLUTION AWARDING THE BANKING SERVICES CONTRACT TO BB&T Finance Director Avril Pinder presented the request for the Board's consideration to adopt the resolution awarding the banking services contract to BB&T. On February 7, 2011, the County issued a Request for Proposals from qualified banking institutions. Six banks responded. Staff evaluated all proposals and selected BB&T as the firm to recommend to the Board for award NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 2,2011 PAGE 180 of the contract. BB&T demonstrated that they were capable of providing the services requested and required by the County and also meets the legal qualifications and financial strength and capacity to render the banking services needed by the County. The effective date of the contract will be July 1, 2011. Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the resolution awarding the Banking Services Contract to BB&T as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.8. PUBLIC HEARING AND ACCEPTANCE OF 2010 NORTH CAROLINA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK AWARD AND ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET ORDINANCE AMENDMENT 2011-49 Chairman Barfield reported that the Board is being requested to consider the acceptance of the 2010 North Carolina Small Cities Community Development Block Grant Program Scattered Site Housing Grant Award in the amount of$400,000 and hold the required Public Hearing. Chairman Barfield requested a motion to open the Public Hearing to receive comments on the award of a 2010 North Carolina Small Cities Community Development Block Grant Program Scattered Site Housing Grant Award in the amount of$400,000. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to open the Public Hearing to receive comments on the award of a 2010 North Carolina Small Cities Community Development Block Grant Program Scattered Site Housing Grant Award in the amount of$400,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Community Development Planner Wanda Coston reported that New Hanover County has been awarded a Scattered Site Housing Program grant from the North Carolina Department of Commerce, Community Investment and Assistance Office in the amount of$400,000. The grant project will involve the demolition and clearance of two houses, the reconstruction of two houses, and the rehabilitation of three houses, all of which are occupied by five very low-income homeowners. Temporary relocation assistance will also be provided to the two households receiving replacement homes. In order to comply with the terms and conditions set forth in the grant requirements, the Commissioners must approve the grant award and authorize the Chairman to sign all grant documents. Hearing no further comments, Chairman Barfield requested a motion to close the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to close the Public Hearing to receive comments on the award of a 2010 North Carolina Small Cities Community Development Block Grant Program Scattered Site Housing Grant Award in the amount of$400,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to accept the 2010 North Carolina Small Cities Community Development Block Grant Program Scattered Site Housing Grant Award in the amount of $400,000, adopt the Capital Project Ordinance and Budget Ordinance Amendment 2011-49, and authorize the Chairman and staff to execute the appropriate documentation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY A copy of the capital project ordinance and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 7.9. APPROVAL OF REQUEST BY JAMES YOPP, ON BEHALF OF ROCKFORD PARTNERS, LLC, TO CONTINUE THE BOARD'S CONSIDERATION OF THE REZONING REQUEST UNTIL THE BOARD'S JULY 11,2011 MEETING(Z-910,04/11) Planning Director Chris O'Keefe requested Mr.Yopp present the request for continuance. James Yopp, on behalf of Rockford Partners, LLC, presented the request to continue the Board's consideration of the rezoning request until the Board's July 11, 2011 meeting due to continued personal business banking negotiations. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the request by James Yopp, on behalf of Rockford Partners, LLC, to continue the Board's consideration of the rezoning request until the Board's July 11, 2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO OFFICIALLY NAME AN UNNAMED ROAD TO LAWSON LANE LOCATED NEAR THE INTERSECTION OF FAIRCLOTH AND LEX ROADS(SN-113,04/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 2,2011 PAGE 181 Subdivision Review Planner Sam Burgess presented the request by staff to officially name an unnamed road located near the intersection of Faircloth and Lex Roads (east of North Kerr Avenue) to Lawson Lane and assign new mailing addresses; and presented a slide overview of the request. During a review to verify street names and numbering in the Glynnwood residential neighborhood, an unnamed street was discovered to have several mailing addresses out of sequence and attached to a different street name. In order to provide proper identification and enhanced emergency service delivery in accordance with the Addressing Standards and Procedures Manual adopted in 2002, staff is requesting the road be named Lawson Lane and new mailing addresses be assigned. The unnamed road is presently unimproved and is approximately 500 feet in length. The majority of residents are in agreement with naming the street Lawson Lane. Emergency 911 has also approved the proposed street name. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to open the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield asked if anyone from the public wished to speak in favor of the request. Allen Lawson, Sr.,415 Lex Road, spoke in favor of the request. Hearing no further comments, Chairman Barfield requested a motion to close the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to close the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request to officially name an unnamed road located near the intersection of Faircloth and Lex Roads to Lawson Lane and assign new mailing addresses as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 7.10. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. No comments were presented. Richard Manning, 204 Lake Forest Parkway, spoke in opposition to the New Hanover Regional Medical Center proposal of partnering with Carolinas HealthCare System. ADDITIONAL AGENDA ITEM OF BUSINESS ADOPTION OF RESOLUTION REQUESTING DESIGNATION OF WASTEC AS A RENEWABLE ENERGY SOURCE TO MEET THE RENEWABLE ENERGY PORTFOLIO STANDARDS Commissioner Catlin presented the request for the Board's consideration to adopt the resolution requesting the General Assembly to designate WASTEC, our waste-to-energy facility, as a renewable energy source to meet the renewable energy portfolio standards. Commissioner Catlin read the resolution into the record. Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution requesting the General Assembly to designate WASTEC, our waste-to-energy facility, as a renewable energy source to meet the renewable energy portfolio standards. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 7.11. ADJOURNMENT Members of the Board offered comments thanking those serving in our armed services, especially the two elite Navy Seals teams that are credited with the assault and death of Public Enemy Number One,Osama Bin Laden. Bin Laden was the mastermind behind the September 11, 2001 terrorist attacks where over 2,700 Americans were murdered. There being no further business, Chairman Barfield requested a motion to adjourn. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 2,2011 PAGE 182 Chairman Barfield adjourned the meeting at 6:55 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 and on www.nhggov.com/NHCLive or www.nhcgov.com/pgges.BOC/asps