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2012-08-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 459 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 20, 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:and Commissioner Richard G. Catlin. Commissioner Brian M.Berger arrived at 9:13 a.m. Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schuh. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Reverend John McLaughlin, St. Jude Metropolitan Community Church, provided the invocation and 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. Commissioner Catlin requested additional information on Consent Agenda Item 6 —Approval to Accept Sub-Grant Award from the Nature Conservancy concerning sewer easements and multi-use paths on this land when acquired. Planning Manager Shawn Ralston reported that when the land is acquired it cannot be used for development because the purpose is to protect the wetlands but a surface can be constructed for a multi-use path that is pei ious such as pei ious concrete. Hearing no firrther comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, 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 August 2,2012 Regular Meeting held on August 6,2012 Special Meeting held on August 9,2012 Ratification of New Hanover County Financing Corporation Appointment—County Manager's Office The Commissioners ratified the appointment of County Manager Chris Coudriet to fill the vacancy on the Board of Directors for the New Hanover County Financing Corporation created by the resignation of Bruce Shell as County Manager. A copy of the authorization form is available for review in the Legal Department. Approval of Additional Contract Funding with New Hanover County Schools and Adoption of Budget Ordinance Amendment 13-024—Health Department The Commissioners approved additional contract fimding with New Hanover County Schools in the amount of$93,500 and adopted Budget Ordinance Amendment 13-024. The fiords will be used to continue the contract with the Health Department through the provision of the School Health Program and increase five nurses that have been working 32 hours per week to 40 hours per week and allow for the addition of one temporary nurse at 32 hours per week. The total contract amount is$1,990,167.No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 14.1. Acceptance of Healthy Communities Grant Funding and Adoption of Budget Ordinance Amendment 13-025 —Health Department The Commissioners accepted Healthy Communities Grant fimding in the amount of$6,206 and adopted Budget Ordinance Amendment 13-025. The fimding will be used to support implementing evidence-based strategies to promote policy, systems and environmental changes that support active liking and healthy eating in New Hanover County. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 14.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 460 Authorization to Submit a Personal Health Services Grant Application to Delta Dental of North Carolina— Health Department The Commissioners authorized the Health Department to submit a Personal Health Sei ices Grant application to Delta Dental of North Carolina in the amount of $5,000. If awarded, the fiords will be used to promote/improve the oral health of underseived children in at-risk populations with the use of the Miles of Smiles Mobile Dental Unit at Mary C. Williams and Castle Hayne Elementary Schools (also allowing access to Holly Shelter Middle School students). 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 Nature Conservancy and Adoption of Budget Ordinance Amendment 13-030—Planning and Inspections Department The Commissioners accepted grant fiords from the Nature Conseivancy in the amount of$110,509 and adopted Budget Ordinance Amendment 13-030. The fiords will be used to purchase a 10.2 acre of land within the unincorporated area known as the "Ramsay Tract." This tract of land is included within the proposed Smith Creek Greenway and is adjacent to two other properties purchased by the County. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 14.3. Adoption of Memorandum of Understanding with Brunswick County—Sheriff's Office The Commissioners adopted a Memorandum of Understanding with Brunswick County setting forth the distribution of a boat and trailer purchased with 2010 Port Security Grant Program fiords as part of the Cape Fear Maritime Task Force. A copy of the memorandum of understanding is available for review in the Legal Department. 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 June 30, 2012: New Hanover Comit-v Fire District New Hanover Comit-V Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 14.4. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2013: 2013-08- Sheriffs Office 2013-09- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 14.5. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive their retirement awards: Debbie Broyles-Emergency Management/911 with 31 Years of Sei ice Arena Everett-Department of Social Sei ices with 23 Years of Sei ice Victoria MCArriff-Department of Social Sei ices with 16 Years of Sei ice On behalf of the Board, Chairman Davis presented each with an award, expressed appreciation, and thanked them for their nears of dedicated sei ice. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive sei ice awards: Five Year: Grant Gregory, Sheriff's Office Jermifer Hovt, Sheriff's Office Karey Smythe,Health Department Frances Wilcox,Health Department Ten Year: Linda Retson,Health Department Fifteen Year: Shawndra Underwood,Department of Social Sei ices NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 461 Twenty Year: Melisa Craft,Department of Social Sei ices Twenty Five Year: Alexander Hawkins,Environmental Management Thirty Year: Brenda Stella,Tax Department On behalf of the Board, Chairman Davis presented a sei ice award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. RECOGNITION OF NEW EMPLOYEES County Manager Chris Coudriet requested new Tax Department employee Tomeka Yike to stand and be introduced. On behalf of the Board, Chairman Davis welcomed Ms. Yike to Comit-v Government and wished her success in her new position. NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL ANNUAL UPDATE New Hanover County Juvenile Crime Prevention Council Chairman Tommy Taylor presented the annual update highlighting that key finding priorities for Fiscal Year 2012-2013,which received finding in the amount of $381,969, focused on Psychological Sei ices, Community Sei ice and Restitution, as well as Home-Based Family Counseling. Teen Court received finding in the amount of$45,874; no finding was received for the fifth finding priority, Individual Skill Building. On behalf of the Board, Chairman Davis thanked Mr. Taylor for the update. NEW HANOVER COUNTY PLANNING BOARD ANNUAL UPDATE New Hanover County Plaiming Board Chairman Richard Collier reported that one of the roles of the Plaiming Board is to hear zoning requests and make recommendations to the Board of Commissioners for approval or denial. Three new members have recently been appointed and will bring diversity and expertise. During the past year the Plaiming Board has worked closely with staff and interested stakeholders on the Market Street Corridor Plan,text amendments,and zoning requests including the Exceptional Design Zoning District. On behalf of the Board, Chairman Davis thanked Mr. Collier for the update. NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2011-2012 FINAL REPORT PRESENTATION Long Range Planning Manager Shawn Ralston presented an overview of the New Hanover County Water Quality Monitoring Program June 2011-June 2012 Report highlighting the following information: • The purpose of the report is to measure the overall health of watersheds: • Respond to downward trends through policy • Direct control efforts • Assess control efforts • Address public health concerns • New Hanover County Water Quality Task Force: • Data clearinghouse • Address issues and action items • Representatives from the following entities: • New Hanover County Plaiming/Env-iromnental Health/Engineering • City Planning/Stormvvater • Department of Water Quality Surface Water Protection/National Pollutant Discharge Elimination Svstem • Shellfish Sanitation/Recreational Water Quality • Cape Fear River Basin-wide Plaiming • Cape Fear Public Utility Authority • UNCW Lower Cape Fear River Program/Center for Marine Science • Town of Wrightsville Beach • Influences on water quality can include the following: • Point source contamination can be traced to specific points of discharge from wastewater treatment plants and factories or from combined sewers. • Air pollution spreads across the landscape and is often overlooked as a major nonpoint source of pollution. Airborne nutrients and pesticides can be transported far from their area of origin. • Eroded soil and sediment can transport considerable amount of nutrients such as organic nitrogen and phosphorus,and some pesticides, such as DDT to rivers and streams. • Policv initiatives include: • No Discharge Zone • Low Impact Development • Exceptional Design Zoning District NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 462 In response to Board questions, Ms. Ralston reported that warning signs were posted in the Bayshore area due to elevated levels of enterococci and fecal coliform but the levels remained above the state standard: the levels were due in part to the stagnant water that does not flush out often. In response to Board questions, Ms. Ralston reported that the current monitoring contract is working well with data turnaround within days as opposed to previously three to six months: they continue to work with UNCW and they are part of the New Hanover Water Quality Task Force. In response to Board questions, Ms. Ralston reported that dissolved oxygen levels decrease as water temperature rises: enterococci levels can be impacted by high rain events: spikes in fecal coliform levels are due in part to septic tank failures and sewer leaks and are found to be higher in agricultural areas. Coastal Planning and Engineer Brad Rosov continued reporting that nineteen monitoring stations within seven creeks were monitored on a monthly basis for physical, chemical, and biological parameters of water quality with the results highlighted below: • Turbidity and chlorophyll-a were rated``good"within all watersheds throughout the study period. • Dissolved oxygen varied considerably between watersheds and within sites. Specifically, Barnards Creek was deemed ``good" while Lords Creek and Pages Creek contained "fair" levels of dissolved oxygen. Futch Creek, Motts Creek, and Prince Georges Creek were rated as "poor" for dissolved oxygen. • Levels of enterococci were deemed problematic within a number of watersheds. Five of the watersheds were rated as``poor" including Barnards Creek,Motts Creek, Pages Creek,Prince Georges Creek,and Smith Creek. Futch Creek and Lords Creek were deemed``good.- • Fecal coliform, another indicator of bacterial contamination,was assessed monthly within Pages Creek and Futch Creek. These creeks generally exceeded the State shellfish standard for fecal coliform bacteria resulting in``poor ratings.'' In closing, during the 2011-2012 sampling season, turbidity and chlorophyll-a levels were deemed to be good, while bacteria and dissolved oxygen levels varied between creeks. Several sites have consistently demonstrated high bacterial and low dissolved oxygen levels. The source of this poor water quality remains unknown: action to address these concerns will be taken during the coming year. Modifications to the water quality monitoring program include suspending nutrient monitoring and implementation of source tracking protocols within three sites: Pages Creek at Bayshore Drive downstream: Motts Creek at Normandv Drive: and Smith Creek at Candleivood Drive. After a brief question and answer period, Chairman Davis,on behalf of the Board,thanked Ms.Ralston and Mr. Rosov for the update. A complete copy of the Water Quality Monitoring Report for FY2011-2012 is available for review in the Plarming Department and on the Planning Department's webpage. APPROVAL OF STORMWATER ORDINANCE TEXT AMENDMENT TO SUPPORT THE LOW IMPACT DEVELOPMENT INCENTIVE County Engineer Jim Iarmucci and Long Range Plarming Manager Shawn Ralston presented the request for the Board's consideration to approve amendments to the Stormivater Ordinance to support the Low Impact Development(LID)incentive and provided the following information: • Low Impact Development utilizes the natural drainage paths of the land and attempts to reduce impei ious surfaces and limit the size of conventional stormivater detention systems. • In order for a project to be considered LID, the project comes before the Technical Review Committee (TRC)and is approved to ensure it meets the minimum criteria. • With TRC approval, the North Carolina Department of Natural Resources will recognize the project as LID when it reviews the State Stormivater Permit application. • The proposed LID Application specifies the water body must be located entirely outside Class SA waters and be of sufficient size with no downstream restrictions such as culverts, roads, bridges or pipes that could cause flooding on other properties. • Staff is proposing Section 23-347 -Variance from the Requirements for Stormivater Controls be added to provide a design variance from the requirement to provide management of post-development runoff and must be requested in advance in writing. • A final permit will be issued to the applicant subject to verification and certification by the County Engineer that the final design meets the requirements identified in the original written variance request. • All other provisions of the article remain applicable to development within the unincorporated areas. Staff is requesting the Board approve the text amendment to the Stormivater Ordinance to allow for an incentive to be given to LID projects that meet the identified criteria. Chairman Davis requested direction from the Board. Commissioner Catlin voiced his concern that Class SA waters not be excluded. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 463 Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Thompson, to adopt the text amendment to the Stormivater Ordinance to allow an incentive to be given to Low Impact Development projects that meet the identified criteria as presented with the condition that Class SA waters not to be excluded. In response to Board concerns that Class SA waters be included, Mr. Iannucci and Ms. Ralston clarified that the concern about the exclusion of Class SA waters would be addressed by the Technical Review Committee during the application process and not in the proposed ordinance amendment. Given that clarification, Commissioners Catlin and Thompson withdrew their motion. Motion: Chairman Davis MOVED, SECONDED by Commissioner Thompson, to add Section 23-347 —Variance from the Requirements for Stormivater Controls to the New Hanover County Stormivater Ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the Stormivater Ordinance is hereby incorporated as part of the minuets and is contained in Exhibit Book XXXV,Page 14.6. ADOPTION OF RESOLUTIONS APPROVING THE APPLICATIONS FOR LOAN ASSISTANCE TO ELIMINATE FAILING SEPTIC TANKS IN MARQUIS HILLS AND HERITAGE PARK COMMUNITIES Assistant County Manager Tim Burgess presented the request for the Board's consideration to adopt the resolutions approving the application for loan assistance to eliminate failing septic tanks in Marquis Hills and Heritage Park communities. The North Carolina Department of Natural Resources indicated that applications from the County for the rivo proposed projects should score favorably in the Priority Rating System. The following information was presented: • Heritage Park: • Install pump station and gravity sewer system • County responsibility-pay for entire system to cleanouts • Property owner responsibility-pay System Development Charge and related plumbing costs • $5,616,862.26(estimate) • Marquis Hills: • Install gravity sewer system • County responsibility-pay for entire system to cleanouts • Property owner responsibility-pay System Development Charge and related plumbing costs • $11,237,502.63 (estimate) • Total County Debt: $16,854,364.89(estimate) • Heritage Park financial Information: • Twenty year debt at 2%through NC State Revolving Funds Program • Principal: $5,616,862.26 • Interest: $1,013,843.65 • Principal and Interest: $6,630,705.91 • Annual Debt Seivice: $331,535.29 • Marquis Hills financial information: • Twenty year debt at 2%through NC State Revolving Funds Program • Principal: $11,237,502.63 • Interest: $2,028,369.22 • Principal and Interest: $13,265,871.85 • Annual Debt Seivice: $663,293.59 • Total Principal&Interest: $19,896,577.76 • Total Annual Debt Seivice: $994,828.88 • Timeline: • August 20,2012 -Board adopts resolutions authorizing submission of loan applications • September 4,2012 -due date for loan applications • Before end of 2012 -loans awarded • Januaiv-Februaiv 2013 -hold community meetings • February 1,2013 -due date for grant applications • March 2013 -Board authorizes moving forward with project(s) • Spring/summer 2013 -design work begins,request for bids issued, etc. • Summer/fall 2013 -grants awarded • Summer/fall 2013 -Board authorizes borrowing money and entering into agreements • Summer/fall 2014-estimated completion of project Submission of an application does not commit the County to proceeding. Engineering reports and other actions would be necessary if finding is approved as well as public meetings. Repayment of the loan by the County would take place over a riventy-year period. Other forms of additional finding including grants, are being investigated. Details regarding costs incurred by residents including system development charges and plumbing fees would need to be evaluated and discussed at scheduled public meetings. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 464 In response to Board questions, Mr. Burgess reiterated that the County would be responsible for the debt seivice and the infrastructure would be turned over to the Cape Fear Public Utility Authority. Property owners will be responsible for the System Development Charge, approximately $2,500, and the related plumbing costs. The Authority does have a payment plan in place for the System Development Charge: there is the potential that grant money may be available to provide low-interest loans for the related plumbing costs. Commissioner Catlin stated his concern that negotiations need to be in place with the Cape Fear Public Utility Authority before the Board authorizes moving forward with the projects. Chairman Davis clarified that the Board is being requested to adopt the resolutions authorizing the submission of the loan assistance applications: community meetings will be held. Final Board approval is required to move foiNvard with the project(s)if the application(s)are approved and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the resolutions approving the applications for loan assistance to eliminate failing septic tanks in Marquis Hills and Heritage Park communities as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXV,Page 14.7. ADMINISTRATION OF OATH OF OFFICE FOR TAX ADMINISTRATOR ROGER L. KELLEY AND COLLECTOR OF REVENUE MARION D.HARRELL Chairman Davis reported that the Board is being requested to reappoint Roger L. Kelley as Tax Administrator for a term of rivo years from August 20,2012 until August 20,2014 and appoint Marion D.Harrell as Collector of Revenue for a term of two years, from August 20, 2012 — August 20, 2014 as required by North Carolina General Statute 105-294. County Manager Chris Coudriet stated his endorsement of these appointments. Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger,to reappoint Roger L. Kelley as Tax Administrator for a term of rivo years from August 20, 2010 until August 20, 2014 as required by North Carolina General Statute 105-294. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to reappoint Marion D. Harrell as Collector of Revenue for a term of two years, from August 20, 2012 — August 20, 2014 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis administered the Oaths of Office to Tax Administrator Roger L. Kelley and Collector of Revenue Marion D.Harrell. Copies of the oaths of office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXV,Page 14.8. COMMITTEE APPOINTMENTS Appointments to the Library Advisory Board Chairman Davis reported that four vacancies exist on the Library Advisory Board with two applicants eligible for reappointment and one application available for consideration and requested nominations from the Board. Commissioner Catlin nominated Carroll R. Jones and Ellen B. O'Malley for reappointment and nominated T. Gwendolyn Grear Brown for appointment. The nominations were seconded by Vice-Chairman Barfield. Hearing no finther discussion, Chairman Davis closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Carroll R. Jones and Ellen B. O'Malley and appoint T. Gwendolyn Grear Brown to seine three-year terms on the Library Advisory Board with the terms to expire on August 31,2015. Appointments to the Nursing Home Community Advisory Committee Chairman Davis reported that vacancies exist on the Nursing Home Community Advismy Committee with one applicant eligible for reappointment and rivo applications available for consideration and requested direction from the Board. Commissioner Berger nominated Mechelle Sheree' Gay for reappointment and nominated Grace Cooley and Mark Edquid for appointment. The nominations were seconded by Vice-Chairman Barfield. Hearing no finther discussion, Chairman Davis closed the nominations and called for a vote on the nomination. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,AUGUST 20,2012 PAGE 465 Vote Results: The Board voted UNANIMOUSLY to reappoint Mechelle Sheree' Gay to seine a three-year term on the Nursing Home Community Advisory Committee with the term to expire on August 31, 2015 and to appoint Grace Cooley and Mark Edquid to seine one-year terms on the Nursing Home Community Advisory Committee with the terms to expire on August 31,2013. 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 with no items being presented. ADDITIONAL AGENDA ITEMS AUTHORIZATION OF THE CHARGE OF THE 2012 TAX LEVY Chairman Davis reported that the Board is being requested to authorize the Charge of the 2012 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349 and requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to authorize the Charge of the 2012 Tax Levy as required by North Carolina General Statutes 105-347 and 105-349 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 14.9. APPOINTMENT OF ASSISTANT COUNTY MANAGER AVRIL PINDER AS THE COUNTY'S DESIGNEE ON THE NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL County Manager Chris Coudriet reported that the Board is being requested to appoint Assistant County Manager Avril Pinder as the County's designee on the New Hanover County Juvenile Crime Prevention Council to replace former Assistant County Manager Chris Coudriet due to his promotion to County Manager. Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Commissioner Thompson, to appoint Assistant County Manager Avril Pinder as the County's designee on the New Hanover County Juvenile Crime Prevention Council as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. ADJOURNMENT There being no further business, Chairman Davis adjourned the meeting at 10:58 a.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 )gges.B0('%aspy