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2012-01-23 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 317 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, Januaiv 23, 2012, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin. Staff present: County Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Chairman Barfield provided the invocation and led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the remaining items on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. MOTION TO RECONSIDER CONSENT AGENDA ITEM 2 — APPROVAL OF SOLID WASTE FRANCHISE APPLICATIONS—FIRST READING AND RECUSAL OF COMMISSIONER THOMPSON DUE TO A POTENTIAL BUSINESS CONFLICT OF INTEREST Commissioner Thompson requested a motion to reconsider Consent Agenda Item 2 — Approval of Solid Waste Franchise Applications—First Reading as he needs to be recused from this item due to a potential business conflict of interest. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to reconsider Consent Agenda Item 2 — Approval of Solid Waste Franchise Applications — First Reading to allow Commissioner Thompson the opportunity to be recused from the vote due to a potential business conflict of interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to recuse Commissioner Thompson from considering Consent Agenda Item 2 — Approval of Solid Waste Franchise Applications — First Reading due to a potential business conflict of interest. Upon vote, the MOTION CARRIED 4 TO 0. Commissioner Thompson abstaining. APPROVAL OF CONSENT AGENDA 2 - FIRST READING OF SOLID WASTE FRANCHISE APPLICATIONS FOR COASTAL LADIES CARTING,INC.AND TANGERINE CARTING,INC. Chairman Davis requested direction from the Board to approve the first reading of solid waste franchise applications for Coastal Ladies Carting,Inc. and Tangerine Carting, Inc. as presented. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve the first reading of solid waste franchise applications for Coastal Ladies Carting, Inc. and Tangerine Carting, Inc. as presented. Upon vote, the MOTION CARRIED 4 TO 0. Commissioner Thompson was recused from the vote. Copies of the franchise applications are available for review in the Legal Department. 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 December 15,2011 Closed Session Meeting held on December 15,2011 Regular Meeting held on December 19, 2011 Authorization for Leading into New Communities to Submit a Grant Application to the North Carolina Governor's Crime Commission with New Hanover County as the Applicant Agency—County Manager The Commissioners authorized Leading into New Communities(LINC)to submit a grant application to the North Carolina Governor's Crime Commission with New Hanover County as the applicant agency in the amount of $90,000. The County has seined as the applicant agency on behalf of LINC for the past five years:no local match is required. A copy of the grant application is available for review at LINC. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 318 Approval of Revisions to the New Hanover County Local Emergence Planning Committee By-Laws — Emergency Management The Commissioners approved revisions to the New Hanover County Local Emergency Planning Committee By-Laws to reflect a quarterly meeting schedule with elections occurring every two years during the fourth quarter and the elected officers maintaining their elected positions for a term of two years. A complete copy of the by-laws is available for review in the Emergency Management Department. Authorization to Submit Grant Applications for Cape Fear Stories Research—Cape Fear Museum The Commissioners authorized the Cape Fear Museum to apply for the following grants related to researching the next phase of Cape Fear Stories,focusing specifically on 19r1'-century Lower Cape Fear history: • Duke University-$1,000 research grant from the Sallie Bingham Center for Women's History and Culture:no County match is required. • Duke University -up to $1,000 research grant from the John Hope Franklin Research Center for African and African American History: no County match is required. • University of North Carolina Chapel Hill - $1,000 Guion Griffis Johnson Visiting Scholar Grant: no County match is required. • University of North Carolina Chapel Hill—will apply for either a$1,200 Joel Williamson Visiting Scholar Grant to examine African Americans or race relations in the American south or a $1,000 Carlyle Sitterson Visiting Scholar Grant to examine the antebellum south: no County match is required. • East Carolina University - $1,000 Manuscripts and Rare Books Department Research Travel Award to review a rich collection of southeastern North Carolina materials: no Count-ti- match is required. • Archie K. Davis Fellowship —for a "modest stipend" to research holdings at the North Carolina Department of Cultural Resources: no County match is required. • National Endowment for the Humanities - application for a National Endowment for the Humanities Summer Institute for College Teachers focusing on "The Visual Culture of the American Civil Wav" hosted by The Graduate Center, Citti- University- of New York: the cost of travel will be covered by fiords in the Museum budget. Copies of the grant applications are available for review at Cape Fear Museum. Authorization to Submit an Application to the National Leadership Planning Institute for Museum and Library Services for a 2012 National Leadership Planning Grant—Museum The Commissioners authorized the Museum to submit an application to the National Leadership Planning Institute for Museum and Library Sei ices for a 2012 National Leadership Planning Grant in the amount of$50,000. If awarded, the fiords will be used to provide science, technology, and engineering learning opportunities through the Cape Fear Museum, Arboretum and Library. The required match of one-third will come from in-kind salaries and County budgets from the Museum,Arboretum and Library. A copy of the grant application is available for review at the Museum. Ratification of Grant Application Submitted to the Retired Senior Volunteer Program—Parks,Gardens and Senior Resources The Commissioners ratified the grant application submitted by Parks, Gardens and Senior Resources to the Retired Senior Volunteer Program in the amount of$111,097. The grant requires a 30% match in the amount of $47,613,which has been included in the adopted budget and is for year one of a three-year cycle. A copy of the grant application is available for review at the Senior Resource Center. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-119-Museum 12-120-Parks, Gardens& Senior Resource Center 12-124-Emergency Management&911 Communications 12-131 - Social Sei ices 12-121 - Sheriffs Office 12-123 - Sheriffs Office 2012-29- Sheriffs Office 2012-30- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 1.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 319 REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Bruce Shell requested the following retirees step foiNvard to receive their award: William A. Hoehlein, Sheriff's Office—20 Years of Seivice Angela K. Robinson,Department of Social Seivices—31 Years of Seivice David J. Smith,Department of Social Seivices— 19 Years of Seivice On behalf of the Board, Chairman Davis presented an award to each retiree, expressed appreciation, and thanked them for their Nears of dedicated seivice. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Bruce Shell requested the following employees to step foiNvard to receive seivice awards: Five Year: Tracv Dawson,Human Resources&Communit-v Relations Yvette Gosline,Parks, Gardens&Senior Resource Center Sharon Huffman,Legal Betsey Kibbey,Development Seivices Marcy Norris,Department of Social Seivices James Sawyers, Information Technology Ten Year: Tammy Clarida,Youth Empowerment Seivices Mamita Davis,Youth Empowerment Seivices Tandy Robinson-Day-is,Youth Empowerment Seivices Linda Smith,Department of Social Seivices Angie Tyndall, Sheriffs Office Fifteen Year: Michael Howell, Sheriffs Office Tivent-v Year: Keimeth Saivis, Sheriffs Office Jimmie Simmons, Sheriffs Office On behalf of the Board, Chairman Davis presented a seivice award to each employee, expressed appreciation,and thanked them for their years of dedicated seivice. RECOGNITION OF NEW EMPLOYEES County Manager Bruce Shell requested the following new employees to stand and be introduced: Michael Cox,Youth Empowerment Seivices Courtney Hastings,Health Department On behalf of the Board, Chairman Davis welcomed the employees to County Govermnent and wished them success in their new positions. AUTHORIZATION TO SUBMIT A DRIVING WHILE IMPAIRED GRANT APPLICATION TO THE GOVERNOR'S CRIME COMMISSION WITH NEW HANOVER COUNTY SERVING AS THE APPLICANT AGENCY District Court Judge James H. Faison, III presented the request for the Board's consideration to approve the submission of a Driving While Impaired (DWI) Treatment Court grant application in the amount of$90,000 to the Governor's Crime Commission with New Hanover County as the applicant agency. The Administrative Office of the Courts has decided not to continue as the fiscal administrator of the grant and New Hanover County is being asked to seine as the applicant/administrative agency to continue the Court's operation. If awarded, the fiords will be used to fiord the DWI Court Manager's position: a request to waive the required 25%match will be submitted with the application. Using the Drug Treatment Court model, participants appear in court on a bi-weekly basis: enrolling and completing intensive substance abuse treatment, reporting for three drug and alcohol screens weekly and actively participating in 12-step (AA) programs. New Hanover County ranks fourth in the state in the number of DWI charges and this program deals with those individuals who are repeat offenders. Since its inception, six individuals have graduated from the program and riventy-five others are active participants. After a brief question and answer period, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to approve the submission of a Driving While Impaired (DWI)Treatment Court grant application in the amount of$90,000 to the Governor's Crime Commission with New Hanover County as the applicant agency as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 320 AUTHORIZATION TO SUBMIT A COMMUNITY TRANSFORMATION GRANT APPLICATION TO THE NORTH CAROLINA DIVISION OF PUBLIC HEALTH WITH NEW HANOVER COUNTY SERVING AS THE LEAD AGENCY FOR REGION 8 Deputy Health Director Joshua Swift presented the request for the Board's consideration to authorize the submission of a Community Transformation grant application to the North Carolina Division of Public Health in the amount of$400,000 per year for a five year grant period. New Hanover County was selected through the Region 8 Health Director's Association to seine as the lead agency for this grant which includes the counties of Bladen, Brrursivick, Columbus, Duplin, New Hanover, Onslow, Pender, Robison and Sampson. If awarded, the fiords will be used for four firll-time Health Educators, one Administrative Support Technician, and a half-time Policy Inteivention Specialist. The purpose of this finding is to create healthier communities by 1) implementing broad evidence and practice-based policy, systems and enviromnental changes supporting tobacco-free living, active liking, healthy eating and high impact evidence-based clinical and other preventive seivices: and 2) achieving demonstrated progress in the following performance measures outlined in the Affordable Care Act: 1) changes in tobacco use prevalence: 2)changes in proper nutrition: 3)changes in physical activity: and 4)changes in weight. Office space for rivo staff members will be provided at the New Hanover County Health Department and space for other staff members will be provided at Health Departments within Region 8. This program will be discontinued if finding is eliminated. The submission deadline is January 27,2012. No County match is required. Chairman Davis requested direction from the Board. Commissioner Thompson voiced his concern that many of the grant goals have already been accomplished such as smoke-free regulations of local govermnent buildings, indoor public places, government grounds, and community colleges. Another grant goal deals with telling private industry what they can and carmot sell and supporting farmers markets, stating that he is not sure how this can be accomplished. Land Use Plans are already in place as well as programs to educate citizens on the danger of smoking and eating junk food. If there is discretion on how the money can be used for health concerns he suggested using it to pay to help waterless citizens. In response to Board questions,Mr. Swift reported that the grant fiords could not be used to assist waterless citizens. The grant is very specific in the use of fiords and focuses on promoting recent policy changes. New Hanover County will seine as the lead agency for Region 8 with the counties having different needs and focuses. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Berger, to deny the submission of a Community Transformation grant application to the North Carolina Division of Public Health in the amount of $400,000 per year for five years as presented. In response to Board questions, Mr. Swift reported that the grant does not allow for flexibility of the four areas of tobacco use, proper nutrition, physical activity and weight,but that there is flexibility on what the focus is within the areas of physical activity and healthy eating. Chairman Davis stated that he would like to be kept up to date if the grant is received and the performance measures. Commissioner Thompson requested that Dr. Ruth Peterson, North Carolina Department of Health and Human Seivices, come before the Board for a presentation on this initiative. In response to the Board discussion, Commissioner Thompson stated that he will withdraw his motion with Commissioner Berger agreeing to withdraw the motion stating that he would like to see the County work through the State organization on these initiatives. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve the submission of a Community Transformation grant application to the North Carolina Division of Public Health in the amount of $400,000 per year for five years with the following stipulations: 1)an amoral update will be provided by Mr. Swift and 2) Dr. Peterson, or designee, will make a presentation from the Board about this initiative. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review in the Health Department. APPROVAL TO USE DONATED FUNDS TO ASSIST WATER AND SEWER SERVICES FOR LOW INCOME RESIDENTS AND DIRECTION TO STAFF TO DEVELOP LONG-TERM SOLUTIONS Commissioner Rick Catlin presented the request for the Board's consideration to transfer donated fiords in the amount of$10,000 to the Cape Fear Public Utility Authority Assist program which is working in conjunction with the United Way. There are currently approximately 480 families that are without water in the County. The applicants will be screened and will not have outstanding trash and storm water balances with the Cape Fear Public Utility Authority who will waive the penalties and fees for a one-time occasion. Approximately $150,000 more is needed. Staff is currently working on fiord raising ideas, including a proposed telethon and also proposed the establishnnent of an advisory board to include the rivo City of Wilmington and rivo County elected officials with the mission of addressing firture issues and long-term solutions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 321 Chairman Davis requested direction from the Board. Commissioner Berger voiced his concern for the tremendous need but stated he would like to see more emphasis on lowering the utility fees which will be a long-term solution. Commissioner Thompson stated that as a new member back on the Authority Board he will do all he can to have fair rate structures. The current rate structure was approved by the previous Authority Board which included Commissioner Berger. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Thompson, to: 1) direct the County Manager to transfer the donated finds in the amount of$10,000 to the Cape Fear Public Utility Authority Assist program: 2) support the idea of the formation of the four elected officials as an advisory committee on fixture issues and long-term solutions: and 3) continue finrdraising and researching grant opportunities to assist the Authority in ways to minimize the number of waterless citizens. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. ACCEPTANCE OF COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT AND MEMBERSHIP LIST District Court Judge J. H. Corpening, New Hanover County Department of Social Seivices Director LaVaughn Nesmith,and Assistant Director Wanda Marino presented an oveiview of the findings of the Community Child Protection Team(COPT)and the Annual Report. The following major gaps/needs in the delivery seivice area for children have been identified and were highlighted: • Autism and the challenge it presents for all parties in criminal investigations, including identifying appropriate therapists. • Inadequate finding for psychological testing/mental health seivices, as mental health IPERS fiords are depleted early each year. • Limited private insurance coverage for needed mental health seivices, resulting in increased strain on Count-v/Medicaid fiords. • Immigration status concerns/fimding for placement of undocumented clients. • The effects of unemployment or under-employment such as reliable transportation: stable, affordable housing. • Resources need to be available for elementary students who exhibit sexual acting-out behaviors. • Lack of long-term,residential mental health placement options for high risk, sexual offending teens. • Families moving in and out of the County and State resulting in multiple out-of-home placements with multiple Department of Social Seivices agencies. • Group home placements that do not adequately address children's needs, resulting in multiple placements. • Lack of County and State dollars for subsidized childcare and a potential reduction of slots due to State changes in allocation process. Staff is requesting the Board continue approval of the following appointees through calendar year 2012: Elizabeth Mandel—Child Advocacy and Parenting Place Exchange Club Center Marti Arm Lama—Domestic Violence Shelter and Seivices,Inc. Amy Feath—Rape Crisis Center Robert Speight—District 5,Department of Juvenile Justice and Delinquency Prevention April Scott—Carousel Center Barbara Buechler—Women's and Children's Hospital at New Hanover Regional Medical Center Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to accept the Community Child Protection Team Annual Report and approve the list of names to be appointed through calendar year 2012 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A complete copy of the report is available for review in the Department of Social Seivices. CAPE FEAR PUBLIC UTILITY AUTHORITY UPDATE Cape Fear Public Utility Authority CEO Matt Jordan presented the following annual update: • Daily operating fiords budgeted for FY 2008-2009 projected for in the amount of $38 million compared to actual costs in the amount of$32 million in FY 2010-2011: substantially lower. Rate increases have not gone to daily operations. • Managing costs to the customer: • Capital projects prioritization efforts • Efficiencv study: • Third party independent study • Fifth best of eighty agencies evaluated NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 322 • 4.8%efficiency gap • Proactive maintenance • FY 2011 project highlights: • Northeast interceptor—pump stations 34/35 • Ogden interceptor • Raw water transmission main rehabilitation • Aquifer storage and recovery • Sweeney Water Treatment Plant • US 421 Wastewater Treatment Plant design • SN-stem-wide odor and corrosion control • Third sheet streetscape—water and sewer line replacement • Managing costs through proactive maintenance activities: • Decreased main stops and lateral sei ice stops by approximately 70%and 57%,respectively • Cleaned 155 miles of sewer lines • Videoed approximately twenty-three miles of sewer lines • More than sixteen miles of water and sewer easements cleared and inspected • Conducted 718 food sei ice establishment inspections • Mailed approximately 500 educational pamphlets • Managing costs through improved environmental compliance: • No sanity sewer overflows for four months during FY 2011 • All three wastewater treatment plants achieved 99.82%permit compliance • Both water treatment plants achieved 100%compliance with water quality standards • Sweeney Water Treatment Plant recognition • Managing assets: • Established balanced scorecard with benchmarks and defined level of sei ice • Implementation of computerized maintenance management system in the pump station and collection system to improve tracking,plarming and scheduling of maintenance and repairs • Risk assessment of all 141 pump stations • Currently expanding to other areas of the Authority • Commitment to customer sei ice: • Answered 121,648 calls within the first five minutes 95.3% of the time: average wait time 1.5 minutes • Communication and public outreach: • Strengthened relationships and improved internal and external communication • Conducted a series of public workshops to review and establish appropriate rate structure • Explained rate studies and changes to stakeholders • Cape Fear Public Utility Authority Assist Program implemented in 2011 • $6,000 collected for 2011 assistance: $3,000 from CFPUA employees; $3,000 from United Way • Approximately$30,000 collected from Januaiv 2010 through Januaiv 2012 • Contributions can be made at��ww.cfpua.org • Managing Future Costs while exploring business partnerships: • US 421 regional partnership • Lower Cape Fear Water and Sewer Authority • Potential new customers:Figure 8 Island and Carolina Beach • Developer reimbursement agreements In summary, the Authority maintains a stable financial position and keeps rates as low as possible while appropriate investing in infrastructure and continues to efficiently and effectively operate,focusing on stewardship, sustainability, and sei ice. Commissioner Catlin offered comments that the staff is doing a very good job with the cards that have been dealt. Commissioner Berger voiced his concern on the make-up of the Authority board stating that more diversity is needed and different parts of the community need to be represented in the fixture. Boards making appointments need to make sure that there is more diversity of opinions and viewpoints. Chairman Davis stated that since the Authority is a relatively new Board, those that were originally appointed have the right to be considered for reappointment and that is what has happened. There currently is one opening and he encouraged anyone interested in being considered to submit an application. Hearing no fixrther comments, and on behalf of the Board, Chairman Davis thanked Mr. Jordan for the update. A complete copy of the PowerPoint presentation is available for review at the Cape Fear Public Utility Authority. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 323 POSTPONEMENT OF NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS ANNUAL UPDATE Chairman Davis reported that the New Hanover County Board of Examiners of Electricians annual update will be presented at a fixture meeting. NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS ANNUAL UPDATE New Hanover County Board of Mechanical Examiners Chairman Bruce Polity presented the annual update to the Board highlighting the following: • The purpose is to regulate mechanical work done in the County. • To issue certificates to all persons who: 1)provide satisfactory evidence to the Board regarding their training and education: 2)pass an examination administered by the Board:and 3)provide evidence of two years of experience in their perspective fields. • The Board may revoke certificates and reinstate certificates in accordance with the Count-v Code. • On average four to six classes are held each year. • New Hanover County has a reputation for having top-notch mechanical inspectors. • Partnership with Cape Fear Community College to provide a journeyman training class for their graduating HVAC students. Hearing no firrther comments,on behalf of the Board, Chairman Davis thanked Mr. Polity for the update. NEW HANOVER COUNTY PLUMBING BOARD OF EXAMINERS ANNUAL UPDATE New Hanover County Plumbing Board of Examiners Chairman Ernest Duarte presented the annual update to the Board highlighting the following: • The purpose is to ensure good quality inspections and have good journeymen cards. • A three member Board administers tests and issues licenses to qualified plumbers. • New Hanover County has a reputation for having top-notch plumbing inspectors. • In the past year, riventy participants have gone through the testing program with twelve receiving passing grades. Hearing no firrther comments,on behalf of the Board, Chairman Davis thanked Mr. Duarte for the update. BREAK Chairman Davis called for a break from 10:44 a.m. until 11:00 a.m. APPROVAL TO RENEW BIOLOGICAL MONITORING CONTRACT WITH LAND MANAGEMENT GROUP,INC.FOR THE MASON INLET RELOCATION PROJECT County Engineer Jim Iannucci presented the request for the Board's consideration to renew the biological monitoring contract in the amount of$20,200 (Year 10)with Land Management Group, Inc., to meet the US Army Corps of Engineers permit requirements of the Mason Inlet Relocation Project. The relocation of Mason Inlet was completed in April 2002. As required by permit, biological monitoring must be performed annually. Land Management Group, Inc. has provided monitoring sei ices connected with the Mason Inlet Relocation Project since the project began. Continued biological monitoring for year 10 is a requirement of the project and remains a permit condition. A detailed description of sei ices is provided in the attached proposal from Land Management Group, Inc. Land Management Group, Inc. previously conducted biological monitoring for years 0-9 and has supplied the necessary Annual Biological Monitoring Reports for the Mason Inlet Project. These sei ices differ from the monitoring of bird and plant species previously performed by UNCW and no longer required by the permit conditions, and ongoing monitoring of waterbird nesting areas performed by the Audubon Society are under a separate contract. Land Management Group, Inc. has submitted a proposal in the amount of$20,200 which is the same as the Year 9 contract. Performance of annual monitoring to date has fulfilled the requirements of the permit. The cost will eventually be repaid through assessment of the benefiting property owners. This contract was reviewed by David Kellam and Dr. George Melita of the Mason Inlet Preseivation Group(M1PG). Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Commissioner Catlin, to approve the contract for the biological monitoring contract(Year 10)with Land Management Group, Inc., in the amount of$20,200 to meet the US Army Corps of Engineers permit requirements of the Mason Inlet Relocation Project as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 324 APPROVAL OF CONTRACT WITH COASTAL PLANNING AND ENGINEERING TO ASSIST THE COUNTY IN OBTAINING THE NECESSARY PERMITS AND AUTHORIZATIONS FOR THE PERIODIC NOURISHMENT OF CAROLINA BEACH County Engineer Jim Iarmucci presented the request for the Board's consideration to approve contracting with Coastal Planning and Engineering to assist the County in obtaining the necessary permits and authorizations for the periodic nourishment of Carolina Beach. The Beach Nourislnnent Contingency Plan was approved by the Board at the June 6, 2011 meeting and the revised Executive Summary was approved by the Board at the July 11, 2011 meeting. The plan is the culmination of efforts involving Coastal Planning and Engineering, Inc. (CPE): Port, Waterway and Beach Commission: County staff; and the elected officials and staff members from Carolina Beach, Kure Beach and Wrightsville Beach. An option of the plan was for the County to obtain the necessary permits and authorizations for the periodic nourishment of our beaches in the event that Federal funding was not available. Efforts to carry out the plan have been adjusted to take into account a change in Federal legislation known as Contributed Funds Authority. Contributed Funds Authority would allow the US Army Corps of Engineers to accept funds from local sponsors for beach nourishment projects. Even though ive can now contribute to our local projects ive still need to address the re-authorization of the Carolina Beach project. This project is due to expire after the periodic nourishment scheduled for 2013. Therefore, plans for the fixture will need to include either federal policy that would reauthorize the project or a permit to provide periodic nourishment of Carolina Beach. The recommendation of the Port, Waterwav and Beach Commission is for the County to enter into a contract to obtain engineering seivices in support of the effort to obtain the necessary permits and authorizations for the Carolina Beach project. The contract will contain the option to pursue permits and authorizations for the projects in Wrightsville Beach and Kure Beach. The reasons for not pursuing these permits along with the Carolina Beach permit are that the projects are not in imminent danger of expiring and the current sediment criteria would require additional costly geoteclmical work that may not be needed. Efforts will continue in regards to revisions to the sediment criteria guidelines as well as working with Federal policy makers to re-authorize the Carolina Beach project. Chairman Davis requested direction from the Board. Commissioner Catlin stated that there is a slight chance within the next six months the Board will need to consider adding Wrightsville and Kure Beach projects. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve contracting with Coastal Planning and Engineering to assist the County in obtaining the necessary permits and authorizations for the period nourishment of Carolina Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is available for review in the Legal Department. PUBLIC HEARING AND APPROVAL OF ZONING TEXT AMENDMENT REQUEST BY STAFF TO AMEND ARTICLE XIII SECTIONS 131-133 AND 136 OF THE ZONING ORDINANCE (A-398,11/11) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Planning and Inspections Director Chris O'Keefe presented the request for the Board's consideration reporting that staff is proposing changes to Article XIII, Sections 131-133 and Section 136 of the Zoning Ordinance highlighting that the proposed changes clarify and update administrative authorities:reflects the merger between the Planning and Inspections Departments: adjusts the civil penalty for ordinance violations: and outlines the procedure to be used for enforcing violations of the ordinance. The Planning Board,at their November 3, 2011 meeting,voted 6-0 to recommend approval of the proposed amendment as presented.No one from the public spoke on this item. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to approve amending Article XIII 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 address administrative procedural 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 XXXV,Page 1.2. COMMITTEE APPOINTMENT Appointment to the Wilmington Regional Film Commission Chairman Davis reported that a vacancy exists on the Wilmington Regional Film Commission with one applicant eligible for reappointment and one new application having been received and requested nominations from the Board. Chairman Davis nominated William Vassar for reappointment. The nomination was seconded by NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 23,2012 PAGE 325 Commissioner Thompson. Hearing no further nominations, Chairman Davis closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint William Vassar to seine a three-year term on the Wilmington Regional Film Commission with the term to expire on January 31, 2015. CLOSED SESSION Chairman Davis called the Closed Session to order pursuant to N.C.G.S. 143-318.11(a)(6) to discuss personnel matters. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson,pursuant to North Carolina General Statute 143-318.11(a)(6), to enter into a Closed Session to discuss personnel matters. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 11:20 p.m. in the Commissioners' conference room with the following persons in attendance: Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin. Staff present: County Manager Bruce T. Shell and Assistant County Manager Andre' Mallette. RECONVENE TO REGULAR SESSION Chairman Davis reconvened to Regular Session at 12:50 p.m. and stated that while no official action was taken by the Board, the Board did discuss and accept the resignation of County Manager Bruce T. Shell to be effective as of June 30,2012. The Board will hold a Closed Session immediately following the February 2, 2012 Agenda Review meeting for the purpose on how to proceed with this personnel matter. County Manager Shell offered comments of appreciation on how much he has enjoyed seising the Board and the citizens of New Hanover County. The Board members offered comments of appreciation to Mr. Shell for his seivice to New Hanover County. 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. ADJOURNMENT There being no further business, Chairman Davis adjourned the meeting at 12:56 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com H('Live or innr.nhcgov.com )ages.B0('%aspy