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2012-05-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 375 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 7, 2012, at 6:00 p.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:and Commissioner Richard G. Catlin. Commissioner Brian M.Berger arrived at 6:28 p.m. Staff present: County Attomey Wanda M. Copley: Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Margaret Wheeler,Zion Chapel AXE Zion Church,provided the invocation. Commissioner Thompson 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 items on the Consent Agenda. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. 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 April 10,2012 Budget Work Session Meeting held on April 10,2012 Regular Meeting held on April 16,2012 Ratification of Submission of a Grant Application to Safe Kids Cape Fear—Health Department The Commissioners ratified the grant application submitted to Safe Kids Cape Fear in the amount of$300. If awarded,the fiords will be used for materials to distribute during an educational workshop during Safe Kids Week on pedestrian,bicycle,fire,and water safety for children in the community. No local match is required. A copy of the grant application is available for review in the Health Department. Ratification of Submission of a Grant Application to Safe Kids USA—Health Department The Commissioners ratified the grant application submitted to Safe Kids USA in the amount of$300. If awarded,the fiords will be used to offset expenditures that were incurred in operating Operation Medicine Drop: the event was held during the week of March 18-24,2012. No local match is required. A copy of the grant application is available for review in the Health Department. Ratification of Submission of a Grant Application to Safe Kids North Carolina—Health Department The Commissioners ratified the grant application submitted to Safe Kids North Carolina in the amount of $500. If awarded, the fiords will be used to purchase multipurpose youth helmets to be distributed at an upcoming community fitness event. No local match is required. A copy of the grant application is available for review in the Health Department. Acceptance of Grant Award from The Good Shepherd Fund and Adoption of Budget Ordinance Amendment 12-213—Sheriff's Office The Commissioners accepted grant fiords from The Good Shepherd Fund in the amount of$1,512.72 and adopted Budget Ordinance Amendment 12-213. The fiords will be used to purchase t-shirts for participants attending the Gang Resistance Education and Training Safe Summer camp. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 7.1. A copy of the grant application is available for review in the Sheriffs Office. 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 Februaiv 29, 2012 and March 31, 2012: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 376 New Hanover Count-v Fire District New Hanover Count-v Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXV,Page 7.2. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-201 -Youth Empowerment Sei ices 12-203 - Social Sei ices 12-218-Health 12-214- Sheriffs Office 2012-53 - Sheriffs Office 2012-54- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 7.3. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION RECOGNIZING THE NEW HANOVER HIGH SCHOOL BASKETBALL TEAM Chairman Davis recognized the New Hanover High School basketball team for their victory as the 2012 North Carolina 4A State Boys Basketball Champions,read the resolution into the record,and moved for adoption. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution recognizing New Hanover High School Basketball Team as the 2012 North Carolina 4A State Boys Basketball Champions. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.4. APPROVAL TO NAME THE BLUE BASEBALL FIELD AT VETERAN'S PARK IN HONOR OF BILLY RAY GURGANIOUS Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's consideration to name the blue baseball field located at Veteran's Park in honor of Billy Ray Gurganious for devoting over fifty years of his life volunteering in sports organizations that benefit children and dedicating between fifty and sixty volunteer hours weekly to better sports programs offered to the youth of New Hanover County. Chairman Davis requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to approve naming the blue baseball field located at Veteran's Park in honor of Billy Ray Gurganious. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2012 AS WOMEN OF ACHIEVEMENT MONTH IN NEW HANOVER COUNTY YWCA Lower Cape Fear Women of Achievement Chair Amy Kilgore submitted the request for the Board's consideration to proclaim May 2012 as Women of Achievement Month in New Hanover County and was present to receive the proclamation. Chairman Davis read the proclamation into the record and moved for adoption. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing May 2012 as Women of Achievement Month in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.5. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2012 AS PRESERVATION MONTH IN NEW HANOVER COUNTY Historic Wilmington Foundation Executive Director George Edwards submitted the request for the Board's consideration to proclaim May 2012 as Preservation Month in New Hanover County and was present to receive the proclamation. The theme for this year is"Discover America's Hidden Gems." Vice-Chairman Barfield read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 377 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing May 2012 as Preservation Month in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.6. ADOPTION OF PROCLAMATION RECOGNIZING MAY 5-13,2012 AS TRAVEL AND TOURISM WEED IN NEW HANOVER COUNTY Wilmington and Beaches Convention Center and Visitor Bureau Chief Executive Officer Kim Hufham submitted the request for the Board's consideration to proclaim May 5-13, 2012 as Travel and Tourism Week in New Hanover County and was present to receive the proclamation. Commissioner Catlin read the proclamation into the record. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing May 5-13, 2012 as Travel and Tourism Week in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.7. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2012 AS FOSTER CARE AWARENESS MONTH IN NEW HANOVER COUNTY Department of Social Sei ices Director LaVauglm Nesmith and Assistant Director Wanda Marino submitted the request for the Board's consideration to proclaim May 2012 as Foster Care Awareness Month in New Hanover County and were present to receive the proclamation. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the proclamation recognizing May 2012 as Foster Care Awareness 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 XXXV,Page 7.8. ADOPTION OF PROCLAMATION RECOGNIZING MAY 2012 AS BICYCLE AWARENESS MONTH IN NEW HANOVER COUNTY Planning and Inspections Director Chris O'Keefe submitted the request for the Board's consideration to proclaim May 2012 as Bicycle Awareness Month in New Hanover County and was present to receive the proclamation. Commissioner Thompson read the proclamation into the record and moved for adoption. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing May 2012 as Bicycle Awareness 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 XXXV,Page 7.9. ADOPTION OF RESOLUTION AWARDING THE CONTRACT TO ELDERHAUS, INC. FOR ADULT DAY CARE AND DAY HEALTH SERVICES Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's consideration to adopt the resolution awarding the contract for adult day care and day health sei ices to Elderhaus, Inc. New Hanover County Senior Resource Center is the lead agency and requires a turn-key program from the contractor providing the sei ice. The contractor is responsible for performing intake, screening, assessments, reassessments, sei ice plans and authorization of sei ices to be provided. Federal and State Funds for the initial contract period from July 1, 2012 to June 30, 2013 are estimated to be $107,651: contractors are required to provide a 10%cash match of$11,961: for a total amount of$119,612. A mandatory pre-proposal meeting was held with only the current provider Elderhaus, Inc. attending the meeting and was the only provider to submit a proposal in response to the Request for Proposals. The Home and Community Care Advisory Committee and staff reviewed the proposal and determined the proposal to be responsive and complete and recommend that the contract be awarded to Elderhaus,Inc.,to continue providing the sei ice. After brief discussion, Chairman Davis requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 378 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to adopt the resolution awarding the contract for adult day care and day health sei ices to Elderhaus, Inc. effective July 1, 2013 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 XXXV,Page 7.10. RATIFICATION OF CAPE FEAR MEMORIAL FOUNDATION LETTER OF INTENT FOR FAMILY COUNSELING PROGRAM Health Department's Personal Health Sei ices Manager Carla Turner presented the request for the Board's consideration to ratify a Letter of Intent to the Cape Fear Memorial Foundation in the total amount of$344,000 for three years. If awarded, the fiords will be used for continued fimding of the Family Counseling Program which provides counseling to high risk families, through the Care Coordination for Children Program as well as allow for sei ices to be expanded to include parenting classes, as well as training for human sei ice professionals and foster parents through a cooperative agreement with Family Support Network. The firll application is due July 2012. The grant and revenues would support the current firll-time Licensed Clinical Therapist, part-time support staff, and Family Support Network staff time. No new County position would be created and the current grant finded positions will no longer exist if continuation of grant fimding is not awarded. No local match is required. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to ratify the Letter of Intent to the Cape Fear Memorial Foundation and the application in the total amount of$344,000 for continuation of the Family Counseling Program as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF INDIVIDUAL GROUP RATE FOR WELL WATER TESTING Environmental Health Sei ices Manager Dianne Haivell presented the request for the Board's consideration to approve an individual group rate fee for well water testing in the amount of$105. The fee would be charged for groups of twenty or more homeowners in the same close geographic area, such as a subdivision or neighborhood,who get their well water tested at the same time. The current fee is $140 per individual well water test and includes the standard inorganic panel as defined by the State Public Health Lab. The $105 proposed fee represents a 25% reduction over the standard fee. The actual cost to provide each test is$96. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the individual group rate for well water testing in the amount of $105 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM Chief Deputy Sheriff Rhonda Smith presented the request to submit a joint application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance grant program through the U.S. Department of Justice in the total fimding amount of$84,819: $42,409.50 per agency. If awarded, the County's portion of the fimding would be used to assist in the purchase of helicopter blades for the helicopter which is used jointly by the County and the City of Wilmington. No local match is required. The Justice Assistance Grant process requires a public hearing to be held to allow for discussion on the use of fiords. Chairman Davis opened the Public Hearing and requested comments from the audience. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to authorize the Sheriffs Office to submit a joint 2012 Edward Byrne Memorial Justice Assistance Grant application with the City of Wilmington as presented and authorize staff to execute the required County/City Memorandum of Understanding. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Memorandum of Understanding is available for review in the Legal Department. PUBLIC HEARING AND APPROVAL OF REQUEST BY BRUCE BOWMAN, ON BEHALF OF CORNELIA NIXON DAVIS, INC., TO MODIFY AN APPROVED CONDITIONAL PLAN FOR CHAMPIONS ASSISTED LIVING DEVELOPMENT LOCATED AT 1011 PORTERS NECK ROAD (Z- 890M,04/12) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing: therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 379 The following persons were sworn in: Sam Burgess Chris O'Keefe Richard Collier Bruce Bowman Charles Long Ben Barker Senior Plainer Sam Burgess presented the request by Bruce Bowman, on behalf of Cornelia Nixon Davis, Inc. to modify an approved conditional plan for Champions Assisted Liking Development located at 1011 Porters Neck Road and presented a history and slide presentation of the project and current request. The current request is to add 7.65 acres of property to renovate the forty-five year old, one story facility, to meet modern standards but does not increase the 199 skilled nursing bed counts. The renovations include transitioning existing semi-private rooms to private rooms with accessible bathroom expansions and decentralized facility sei ices. The renovations are proposed to be completed in five phases. Phase one includes the new construction of two one-stoiv stand-alone households, the installation of a new access drive on Porters Neck Road to allow deliveries to the facility directly, and the relocation of an existing power easement and chain link fence. Phases II through V consist of household additions to one or two of the existing one-story skilled nursing facilities and is estimated to be completed within three and a half years. When completed there will be a total of ten households with 17-24 residents per household, each featuring full ADA bath renovations and exterior upgrades, including a sloped roof conversion. Rehabilitation and administrative pavilions are excluded from renovations. The Planning Board, at their April 12, 2012 meeting, voted 5-0 to recommend approval of the rezoning request and the associated conditional rezoning permit with no additional conditions. No one from the public spoke in opposition to the proposed conditional plan modification. Chairman Davis asked the Petitioner for comments. Cornelia Nixon Davis, Inc. Board Vice-Chairman Dr. Ben Barker presented the request highlighting that the proposed renovations are the best way to meet the demands of the population that they seine. Cornelia Nixon Davis, Inc. Chief Executive Officer Charles Long presented the request highlighting that the proposed renovations change the facility from institutional care to a more desired household model of care. Bruce Bowman, Bowman HemingAvay Architects, presented a history of the project and highlighted the five phases that are being proposed which are estimated to be completed in 3.5 years. The proposed changes meet the findings of facts presented by staff. Chairman Davis asked if anyone from the public wished to speak in favor of the request or in opposition to the request,hearing no one,he closed the Public Hearing and requested direction from the Board. Chairman Davis noted that Commissioner Thompson was excused for health concerns. Commissioner Thompson was excused at 7:16 p.m. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Bruce Bowman, on behalf of Cornelia Nixon Davis, hrc., to modify an approved conditional plan for Champions Assisted Liking Development located at 1011 Porters Neck Road finding that the request is: 1) consistent with the purpose and intent of Policy 17.2.4 of the 2006 CAMA Land Use Plan, which references modifying zoning regulations where appropriate to encourage housing populations with special needs such as elderly and disabled. Further, the Porters Neck Plan, adopted June 1989 and updated November 2010, recommends that the rural character and low density of the Porters Neck area be preserved: and 2)reasonable and in the public interest to rezone 7.56 acres from R-20 Residential to CD (O&I) Conditional Office and Institutional in this location in order to continue and expand an existing use while preset ing the character of the area and providing an enhanced quality of life for its residents. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Davis requested direction from Board concerning the conditional use permit. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the conditional use permit request by Bruce Bowman, on behalf of Cornelia Nixon Davis, Inc.,based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved: 2) the use meets all required conditions and specifications of the Zoning Ordinance: 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity: and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 380 MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 5,Page 66. A copy of an order granting a Conditional Use Permit and listing the findings of facts is contained in SUP Book IV,Page 41. ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET ORDINANCE AMENDMENT 2012- » ESTABLISHING THE BIKE/PEDESTRIAN PATHS CAPITAL PROJECT FUND AND ACCEPTANCE OF FUNDING ALLOCATIONS Long Range Planning Manager Shawn Ralston presented the request for the Board's consideration to adopt the capital project ordinance and budget ordinance amendment 2012-55 establishing the bike/pedestrian paths capital project fiord and accept fimding allocations. The County has partnered with the Wilmington Urban Area Metropolitan Plamring Organization and the City of Wilmington to create a Comprehensive Greenway Plan for the City of Wilmington and unincorporated areas of New Hanover County. Once complete, the plan will provide the framework to connect existing and fixture linear corridors with walking/bicycling trails, blueways, and conservation zones. To facilitate the implementation of this plan, staff is requesting the creation of a Capital Project Fund for current and firture fimding. Currently, an opportunity is available to create a priority bicycle and pedestrian segment in the Covil Farm/Middle Sound area through three fimding mechanisms. Once constructed, the segment will connect a large population of residents to bicycle and pedestrian routes in the unincorporated area of the County - linking residents from Bayshore to Middle Sound to Covil Farm with a series of on and off-road bicycle and pedestrian routes. The segment will also link with the Military Cutoff Extension of the Cross City Trail,which will be the first connection to the trail outside of the City of Wilmington's jurisdiction. The fimding will come from the following rivo sources: • Small Construction State Funds in the amount of$160,000 which requires a County match of$40,000. The match will come from the 2006 Parks Bond. • Safe Routes to School Grant in the amount of$100,000 to connect to Ogden Elementary School. No County match is required:however,the County will provide maintenance for the off-road path. • The County has received an allocation through the Federal Highway Administration's Transportation Community System Preseivation program which will be brought forward for acceptance at a later date. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the Capital Project Ordinance and Budget Ordinance Amendment 2012-55 establishing the bike/pedestrian paths capital project fiord and accept fimding allocations as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the capital project ordinance and budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.11. APPROVAL OF PARTICIPATION REIMBURSEMENT AGREEMENT WITH THE CAPE FEAR PUBLIC UTILITY AUTHORITY TO ADVANCE WATER/SEWER INFRASTRUCTURE IN UNINCORPORATED NEW HANOVER COUNTY Plaiming and Inspections Director Chris O'Keefe presented the request for the Board's consideration to enter into a financial agreement, in an amount not exceeding$650,000,with the Cape Fear Public Utility Authority (Authority) to advance water/sewer infrastructure in the unincorporated area of the county highlighting the following information: • New Hanover County proposal to expedite extension of infrastructure to support economic development in appropriate areas: • Facilitate economic development at levels of density consistent with County land use planning and the Authorit-v Master Plan: • Address incidents of septic system failure and reduce contamination risk to ground water or runoff; • Sewer areas where property owners have requested the extension and such extension is deemed by the County and Authority to be economically advantageous. • Economic Development Acceleration Agreement Process: • County evaluates area where infrastructure needs exist and determines compatibility with adopted plans for growth and development. • Cost estimates developed in conjunction with the Authority. • Project amount and terms finalized:Participation Reimbursement Agreement executed. • Authority responsible for design and constnrction. • Payment collected by authority based on usage and System Development Charges. County return is estimated to be returned within the first 3-4 nears. • Authority makes payments to County annually until fiill value is paid-off. • Benefits to New Hanover Comit-v: • Increased sales and property tax. • Job creation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 381 • Potential for effective resource protection. • Expedite opportunities for sewer expansion to appropriate areas. The Kirkland area is the first area to be identified and growth is anticipated to continue. • County utilizes economic development acceleration program as growth management tool. In response to Board questions Director O'Keefe confirmed that the$650,000 loan will be with no interest because of revenue increases the County will receive and the promptness on the return for the investment. Commissioner Catlin clarified that the proposal is a way to push economic growth with the following benefits: the loan is paid back rapidly: the County's investment is doubled: provides an increase in customer base for the Authorit-v so rates will not need to be raised: current customers share the rates with fixture customers: the need for a moratorium is gone: and everyone wins. He confirmed that Commissioner Thompson, who also seines on the Authority Board, supports the proposal. In response to Board questions concerning extending water and sewer in the Castle Hayne area, Commissioner Catlin reported that the proposed agreement is step one and needs to be approved by the Authority Board. Once one partnership agreement is in place there will be a model in place to grow upon and the next growth priority can be agreed upon, with each project being evaluated separately. There is the potential of utilizing an existing force-main in Pender County for the Castle Hayne area. In response to Board questions concerning fixture improvements for the Castle Hayne/Wrightsboro area, Cape Fear Public Utility Authority CEO Matt Jordan reported that the Authority has scaled back on their Capital Improvement Plans but the Authority Board does continue to discuss how to address growth: maintenance needs have taken precedent over expansion. Growth projects have been pushed firrther out or taken completely out of the Capital Improvement Plan. Vice-Chairman Barfield voiced his concern that plans for the Castle Hayne/Wrightsboro area have not been implemented as promised and he would like to see that area be the first to be included in a partnership agreement. In response to Board questions concerning plans for the Castle Hayne/Wrightsboro area, County Manager Bruce Shell reported that the down turn in the economy changed previously planned scenarios,but to his knowledge, no Board finding promises have been broken. Hearing no firrther comments, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to approve the Particij)ation Reimbursement Agreement with the Cape Fear Public Utility Authority to advance water/sewer infrastructure in the unincorporated area of the county as presented. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF RESOLUTION APPROVING THE BID TO TOLEDO CAROLINA INC. FOR PHASE 1 OF THE SCALE AND SCALE HOUSE REPLACEMENT PROJECT Landfill Manager Sam Hawes presented the request for the Board's consideration to adopt the resolution awarding the bid for Phase 1 of the scale and scale house replacement project to Toledo Carolina, Inc. in the amount of$96,861. The Board approved the Landfill scale and scale house replacement project in the amount of$290,000 in the FYI 1-12 Adopted Budget. The existing scales were installed in 1987 and calibration is a pressing concern in regards to North Carolina State Certification. Additionally, the new scale location will be optimized to allow for efficient operations from the new scale house to be constructed during Phase 2. Phase 1 consists of the construction and installation of a new prefabricated 70' x I Y scale. This project will also include the demolition of existing scales, site work,grading,electrical,paving,and obtaining the permits needed for Phase 1. Staff formally bid the Landfill Scale Replacement Project with four bidders attending the pre-bid meeting: Toledo Carolina Inc., Lumina Builders, Norris Construction, and 4 Seasons Site & Demo. Toledo Carolina Inc. submitted a bid in the amount of$96,861 and Lumina Builders submitted a No-Bid proposal response. In response to Board questions, Senior Budget Analyst Beth Schrader reported that the scales need to be replaced not repaired/maintained because they are out of compliance and cannot hold calibration. Hearing no firrther comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adopt the resolution approving the bid to Toledo Carolina, Inc.for phase 1 of the scale and scale house replacement project as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.12. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 382 ADOPTION OF BUDGET ORDINANCE AMENDMENT 12-206 APPROVING THE REPAIRS AND REPLACEMENT OF TENNIS COURTS AT HOGGARD HIGH SCHOOL Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's consideration to adopt Budget Ordinance Amendment 12-206 approving the repairs and replacement of the Hoggard High School teimiis courts. The courts are in need of major repair and the cost of the project is estimated in the amount of$124,000. New Hanover County Schools have agreed to contribute $41,333, which is one-third of the projected project total. Budget Ordinance Amendment 12-206 transfers $41,334 from Contingencies for the County to find another one- third of the project cost. Through a partnership between the Greater Wilmington Tennis Association, New Hanover County and the School system, staff feels there is a high probability that we can leverage grant fiords and contributions to cover the final one-third of the project cost. If these grants and contributions are unable to cover the final one-third, $41,333,alternatives would have to be considered to include additional County/Schools support. The courts are unusable to the public,as well as the School system,and are currently locked. In response to Board questions, Director McDaniel confirmed the school system has agreed to contribute $41,333,which is one-third of the project cost. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Vice-Chairman Barfield, to adopt Budget Ordinance Amendment 12-206 approving the repairs and replacement of the Hoggard High School tennis courts as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.13. 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. Sean Ahlum, Cape Fear Surfrider Foundation,presented to the Board their mission to reduce the impacts of plastics in the marine enviromnent by raising awareness about the dangers of plastic pollution and by advocating for the reduction of single-use plastics. ADDITIONAL AGENDA ITEMS CONSENSUS OF THE BOARD CONCERNING REVISION OF LEGISLATIVE GOAL CONCERNING THE CAPE FEAR PUBLIC UTILITY AUTHORITY Assistant County Manager Chris Coudriet reported on April 2, 2012 the Board adopted a slate of six legislative goals to be submitted to the New Hanover County local delegation for the upcoming short session of the General Assembly. Since that time, Commissioner Catlin and Deputy County Attorney Kemp Burpeau have had discussions with the Cape Fear Public Utility Authority Board and staff concerning one of the goals with the following amendment proposed: Rates and charges: contract for water or sewer: deposits: delinquent charges, (G.S. 162A-9) add a subsection (d): An authority may secure the written authorization of any customer to "round up" the periodic billing for water and/or sewer rates, fees and charges to the next highest dollar. The authority electing the ``round up" option is authorized to utilize authority staff, facilities, and resources in administrating the program. A year-end statement shall be generated showing the respective donor customer's annual contributions. Donations obtained through``round up" shall be utilized at the authority's discretion in addressing utility expenses, charges,and fees of its low income customers. After brief discussion, Chairman Davis requested direction from the Board with the consensus of the Board to direct Commissioner Catlin,as the Board's representative on the Authority Board,to take the proposed revision to the Cape Fear Public Utility Authority Board for their consideration and to remove the previous goal concerning the Authority from the slate of Legislative Goals. A copy of the revised legislative goals is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 7.14. PRESENTATION OF ENVIRONMENTAL MANAGEMENT BUDGET FOR FISCAL YEAR 2011-2012 In response to a full page advertisement in the Star_ eivs by the C'itizerrs ProteefilW-err Hczrrover Coullo) concerning $6,000,000 in savings after the shut-down of WASTEC, Chairman Davis requested Senior Budget Analyst Beth Schrader to present an accounting of Environmental Management finds for FY 2011-2012: • Background: • $6 million saved by closing WASTEC • Savings=Cost Avoidance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MAY 7,2012 PAGE 383 • Avoiding costs enabled loan repayments to the General Fund and paid for needed infrastructure and without borrowing or raising the tip fee • Loan repayments to General Fund: • InterTrnd loan-$2,300,000 • Annual land loan-$38,500 • Critical infrastructure expenses: • To Capital Projects for Cell 6E and partial Cell 5 closure-$2,300,000 • Replacement scales/scale house-$290,000 • Bulldozer and other equipment-$245,511 • Hurricane expenses-$306,639 (NHC required to front cost) • Insurance requirement expenses-two security officers-$138,370 • Operational Increases: • $245,200 firel/daily cover/other(Landfill recycling) • $185,000 professional sei ices related to the RFP • Total of above—$6,049,240 • InterTrnd Loan Repayment History: • Loan balance as of 6/30/10 $4,185,901 • FY10-11 repayment ($1,265,550) • Projected FYI 1-12 repayment ($2,300,000) • Estimated loan balance as of 6/30/12 $ 620,351 • Final payment in the amount of$620,351included in the proposed FY12-13 budget In response to Board questions, Ms. Schrader clarified that according to the General Statute the Environmental Management Fund cannot subsidize the General Fund: the General Fund can subsidize the Environmental Management Fund. The tip fee cannot exceed the cost of operating the facility and can only be imposed on those using the facility. Commissioner Catlin stated that he understands people's concern of where the savings were realized clarifying that the shut-down of WASTEC stopped the bleeding and allowed for items that had been delayed to be completed without raising the tip fee and it is anticipated that the General Fund will be paid back in firll in the FY12-13 budget. ADJOURNMENT There being no firrther business, Chairman Davis adjourned the meeting at 8:30 p.m. Respectfirlly 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 HC'Live or innr.nhcgov.com pages.BOC%aspy