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2011-12-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 5,2011 PAGE 301 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 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 Richard G. Catlin; Commissioner Ted Davis, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Commissioner Brian M.Berger arrived at 6:05 p.m. Chairman Barfield called the meeting to order and welcomed everyone present. INVOCATION,PLEDGE OF ALLEGIANCE Pastor Robert Campbell,New Beginning Christian Church,provided the invocation. Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA ITEMS CARRIED OVER FROM THE BOARD'S NOVEMBER 21, 2011 MEETING Chairman Barfield requested a motion to approve the consent agenda items carried over from the Board's November 21, 2011 meeting. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield,to approve the Consent Agenda items carried over from the Board's November 21,2011 meeting as presented. Upon vote,the MOTION CARRIED 4 TO 0. APPROVAL OF CONSENT AGENDA ITEMS CARRIED OVER FROM THE BOARD'S NOVEMBER 21,2011 MEETING Approval of Thirteen Donations for Accession into the Cape Fear Museum's Permanent Collection — Cape Fear Museum The Commissioners approved thirteen donations for accession into the Cape Fear Museum's Permanent Collection. A complete copy of the Cape Fear Museum Permanent Collection November 2011 list is available for review at the Cape Fear Museum. Approval of Deaccession of Eight Objects—Cape Fear Museum The Commissioners approved the deaccession of eight items from the Cape Fear Museum Permanent Collection. A complete copy of the Cape Fear Museum Permanent Collection November 2011 list is available for review at the Cape Fear Museum. Acceptance of 2011 State Criminal Alien Assistance Program Grant Funds from the Bureau of Justice Assistance and Adoption of Budget Ordinance Amendment 12-098—Sheriff's Office The Commissioners accepted State Criminal Alien Assistance Program grant funds from the Bureau of Justice Assistance in the amount of$98,165 and adopted Budget Ordinance Amendment 12-098. The funds will be used for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least four consecutive days during the report period. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 21.1. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-090- Social Services 12-087-Parks, Gardens and Senior Resource Center 12-095 -Parks, Gardens and Senior Resource Center 12-101 -Parks, Gardens and Senior Resource Center 12-102-Parks, Gardens and Senior Resource Center 12-096- Sheriff's Office 12-097- Sheriff's Office 2012-23 - 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 21.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 5,2011 PAGE 302 PRESENTATION OF CITY/COUNTY GOLF TOURNAMENT TROPHY TO CHAIRMAN BARFIELD County Manager Bruce T. Shell presented the City/County Golf Tournament Trophy to Chairman Barfield. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; Commissioner Ted Davis,Jr.;and Commissioner Jason R. Thompson. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Barfield nominated Commissioner Davis for Chairman of the Board of County Commissioners. Commissioner Catlin seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: The Board voted unanimously to elect Commissioner Davis to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Thompson nominated Commissioner Barfield for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Davis seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed. Vote: The Board voted unanimously to elect Commissioner Barfield to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. BREAK Chairman Davis called for abreak from 6:09 p.m.until 6:18 p.m. BOARD SEATED FOR 2011-2012 Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Jason R. Thompson; Commissioner Brian M.Berger;and Commissioner Richard G. Catlin. Chairman Davis recognized Commissioner Barfield for serving as Chairman during the past year. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield,to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Bond Approval Resolution—Legal Department The Commissioners,pursuant to North Carolina General Statute 58-72-70, adopted the resolution verifying that the surety bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector is adequate and in full force and effect. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 21.3. Acceptance of Funds from the Cape Fear Area Agency on Aging for the Home and Community Care Block Grant and Adoption of Ordinance for Budget Amendment 12-110—Department of Aging The Commissioners accepted funds from the Cape Fear Area Agency on Aging in the amount of$41,750 and adopted budget ordinance amendment 12-110. The additional funding will be used for the Home and Community Care Block Grant. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 21.4. Adoption of a Resolution of Policy for Mutual Assistance with Other Law Enforcement Agencies— Sheriff's Department The Commissioners, pursuant to North Carolina General Statute 160A-288, adopted a resolution establishing the policy for mutual assistance with other law enforcement agencies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 5,2011 PAGE 303 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 21.5. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted Budget Ordinance Amendment 2012-24, Sheriff's Office, for fiscal year ending June 30,2012. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 21.6. APPROVAL OF MINUTES FROM THE BOARD'S NOVEMBER 17, 2011 AND NOVEMBER 21, 2011 MEETINGS Chairman Davis requested a motion to approve the minutes of the following meetings: Agenda Review Meeting held on November 17, 2011 Regular Session Meeting held on November 21,2011 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve the minutes of the Agenda Review Meeting held on November 17, 2011 and Regular Meeting held on November 21, 2011 as presented by the Clerk to the Board. Upon vote,the MOTION CARRIED UNANIMOUSLY. REGULAR ITEMS OF BUSINESS WITHDRAWAL OF AGENDA ITEM 7 - PUBLIC HEARING AND CONSIDERATION OF ZONING TEXT AMENDMENT REQUEST BY STAFF TO AMEND ARTICLE XIII, SECTIONS 131-133 AND SECTION 136 OF THE ZONING ORDINANCE (A-398,11/11) Chairman Davis reported that Agenda Item 7 - PUBLIC HEARING AND CONSIDERATION OF ZONING TEXT AMENDMENT REQUEST BY STAFF TO AMEND ARTICLE XIII, SECTIONS 131-133 AND SECTION 136 OF THE ZONING ORDINANCE has been pulled for further staff review. APPROVAL OF BEACH NOURISHMENT INTERLOCAL AGREEMENT County Engineer Jim Iannucci presented the request for Board consideration to approve entering into an interlocal agreement for beach nourishment with the towns of Carolina Beach,Kure Beach and Wrightsville Beach. On June 6, 2011 the Board directed staff to finalize the interlocal agreement for beach nourishment with Carolina Beach, Kure Beach and Wrightsville Beach for the Board's consideration that will provide a funding mechanism to allow the three nourishment projects to continue receiving the maximum amount of Federal funding available while protecting the interests of the County and beach towns in the event of funding shortfalls. The Board held a brief question and answer period on the following funding agreement that was approved unanimously by the three beach town councils in the event of a lack of Federal and/or State funding: • Room Occupancy Tax will pay any shortfall up to 82.5%of the total project cost. • Any shortfall after Room Occupancy tax covers the amount of 82.5%of the total project cost shall be paid by the town in which the work takes place up to a maximum of 17.5%of the total project cost. • The 17.5%of the total project cost equates to the 50%of the remaining 35%of the total project cost paid by the State on previous nourishment projects that received 65%in Federal funding. • If needed, the Room Occupancy Tax fund is in a position to assist with funding these projects until Federal and State funding is restored. • The fund is sustainable under the cost sharing proposal assuming a one percent increase per year in dredging costs. Commissioner Catlin highlighted that the proposed interlocal agreement provides a very good solution for our community for beach nourishment and provides a sustainable way of protecting the local economy, property values, and quality of life. He thanked the beach communities for being proactive and making the decision to approve the interlocal agreement. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson,to approve entering into the interlocal agreement for beach nourishment with the towns of Carolina Beach, Kure Beach and Wrightsville Beach as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the interlocal agreement is available for review in the Legal Department. PUBLIC HEARING AND APPROVAL OF ZONING TEXT AMENDMENT REQUEST BY STAFF TO AMEND ARTICLE X, ARTICLE V, SECTIONS 51.5 AND 59.4, AND ARTICLE VI, SECTIONS 69.4 OF THE ZONING ORDINANCE (A-397,11/11) Chairman Davis requested staff to make the presentation. Current Planning and Zoning Manager Jane Daughtridge presented the request for the Board's NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 5,2011 PAGE 304 consideration reporting that staff is proposing changes to Article X and Article V, Sections 51.5 and 59.4, and Article VI, Section 69.4 of the Zoning Ordinance in order to update or correct statutory references, to clarify administrative responsibilities and reflects the merger between the Planning and Inspections Departments, to clarify roles, and to reposition or reiterate provisions as references in other sections of the Ordinance in order to provide more complete information in appropriate locations. These are mostly administrative changes but do require the public hearing process. The Planning Board, at their November 3, 2011 meeting, voted 6-0 to recommend approval of the zoning text amendment. No one from the public spoke on this item. Chairman Davis requested a motion to open the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson,to open the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Davis asked if anyone from the public wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis requested a motion to close the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to close the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve amending Article X of the Zoning Ordinance as presented finding that the request is: 1) consistent with the purposes and intent of the policies in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to make changes addressing administrative changes that clarify or correct existing language in the 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 XXXIV,Page 21.7. PUBLIC HEARING AND APPROVAL OF ZONING TEXT AMENDMENT REQUEST BY STAFF TO AMEND ARTICLE XII OF THE ZONING ORDINANCE (A-399,11/11) Chairman Davis requested staff to make the presentation. Current Planning and Zoning Manager Jane Daughtridge presented the request for the Board's consideration reporting that staff is proposing changes to Article XII of the Zoning Ordinance in order to replace the reference of Building Inspector to Zoning Administrator due to the merging of the Inspections and Planning Departments. The Planning Board, at their November 3, 2011 meeting, voted 6-0 to recommend approval of the zoning text amendment.No one from the public spoke on this item. Chairman Davis opened the Public Hearing and asked if anyone from the public wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve amending Article XII of the Zoning Ordinance as presented finding that the request is: 1)consistent with the purposes and intent of the policies in the 2006 CAMA Land Use Plan;and 2)reasonable and in the public interest to make changes that correct existing language in the 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 XXXIV,Page 21.8. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Davis announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. CLOSED SESSION Chairman Davis called the Closed Session to order pursuant to North Carolina General Statute 143- 318.11(4) to discuss matters relating to the location or expansion of industries, or other business in New Hanover County served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations and pursuant to North Carolina General Statute 143-318.11(3)to consult with the attorney employed and retained by the public body to preserve the attorney-client privilege, which privilege is hereby acknowledged. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,DECEMBER 5,2011 PAGE 305 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson,pursuant to North Carolina General Statute 143-318.11(3), to enter into a Closed Session to consult with the attorney employed and retained by the public body to preserve the attorney-client privilege, which privilege is hereby acknowledged and pursuant to North Carolina General Statute 143-318.11(4)to discuss matters relating to the location or expansion of industries, or other business in New Hanover County served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 6:30 p.m. RECONVENE TO REGULAR SESSION Chairman Davis called for a motion to reconvene to Regular Session. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to reconvene to Regular Session. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Davis reconvened to Regular Session at 8:13 p.m. and reported that the Board has concluded its consultation with the County Attorney and given instructions to staff concerning the matters relating to the location or expansion of industries or other businesses and any official action shall be taken in an open session of the Board at a later date. The Board has also concluded its consultation with the County Attorney at which time the Board discussed the legal aspects of the City of Wilmington approving a voluntary annexation request by the Amberleigh Shores apartment complex which is in an area of the County where there is pending litigation concerning a zoning matter. The Board opposes the City's voluntary annexation of this area which would result in the developer usurping the County's zoning authority. In view of that discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to oppose the voluntary annexation request to the City of Wilmington by the Amberleigh Shores apartment complex and direct staff to attend any City meetings, as appropriate, to voice the Board's opinion. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FROM THE BOARD'S NOVEMBER 7,2011 MEETING-SECTION 10 Chairman Davis requested a motion to approve section 10 from the minutes of the Regular Meeting held on November 7, 2011. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Barfield, to approve the minutes of the Regular Meeting held on November 7, 2011, Section 10, as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chairman Davis adjourned the meeting at 8:17 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.nhcgov.com/NHCLive or www.nhggov.com paQes.BOC/asps