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2012-10-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 1,2012 PAGE 498 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 1, 2012, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: 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: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schult. Vice-Chairman Barfield called the meeting to order and welcomed everyone present. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Cheryl M. Walker, Unitarian Universalist Fellowship of Wilmington, provided the invocation and Commissioner Thompson led the audience in the Pledge of Allegiance to the Flag. FAREWELL COMMENTS OFFERED BY NORTH CAROLINA HOUSE OF REPRESENTATIVES TED DAVIS, JR. AND PRESENTATION OF APPRECIATION AWARD FOR HIS SERVICE AS A NEW HANOVER COUNTY COMMISSIONER Representative Davis offered farewell comments thanking the citizens of New Hanover County for allowing him to seine as their commissioner for over sixteen years. Vice-Chairman Barfield, on behalf of the Board, thanked Representative Davis for his sei ice to the citizens of New Hanover County as a County Commissioner and presented him with an appreciation award. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE REMAINING YEAR Members present were: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson: Brian M. Berger:and Commissioner Richard G. Catlin. County Attomey Copley reported that Ted Davis, Jr. resigned from the New Hanover County Board of Commissioners, effective September 20, 2012, and opened the floor to receive nominations for Chairman of the Board of County Commissioners. The Chairmanship will be valid until the Board's December 2, 2012 meeting. Commissioner Thompson nominated Commissioner Barfield for Chairman of the Board of County Commissioners. Commissioner Berger seconded the nomination. There being no further nominations, County Attomey Copley declared the nominations closed. Vote: The Board voted 3 TO 1 to elect Commissioner Barfield to seine as Chairman of the New Hanover County Board of Commissioners until the Board's December 2,2012 meeting. Commissioner Catlin voted in opposition. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the New Hanover County Board of Commissioners. The Vice-Chairmanship will be valid until the Board's December 2, 2012 meeting. Chairman Barfield nominated Commissioner Thompson for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Catlin seconded the nomination. There being no further nominations, County Attomey Copley declared the nominations closed. Vote: The Board voted 4 TO 0 to elect Commissioner Thompson to seine as Vice-Chairman of the New Hanover County Board of Commissioners until the Board's December 2,2012 meeting. BREAK Chairman Barfield called for a break from 6:18 p.m.until 6:26 p.m. APPROVAL OF CONSENT AGENDA Members present: Chairman Jonathan Barfield, Jr.: Vice-Chairman Jason R. Thompson: Commissioner Brian M. Berger:and Commissioner Richard G. Catlin. Chairman Barfield asked if anti member of the Board would like to remove or discuss anti item on the Consent Agenda. Hearing no comments, Chairman Barfield called for a motion to approve the remaining items on the Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 1,2012 PAGE 499 CONSENT AGENDA Approval of Minutes—Governing Bode The Commissioners approved the following minutes as presented by the Clerk to the Board. Work Session Meeting on 320 Chestnut Street held on September 13,2012 Work Session Meeting on Covanta Contract held on September 13,2012 Agenda Review Meeting held on September 13,2012 Regular Meeting held on September 17, 2012 Approval of 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings - Governing Bode The Commissioners approved the 2013 Schedule of Agenda Review Meetings and Regular Board of Commissioners Meetings. A copy of the schedule is hereby incorporated as part of the minutes and contained in Exhibit Book XXXV, Page 17.1. Ratification of Community Emergence Response Team Grant Application — Emergence Management and 911 Department The Commissioners ratified the Community Emergency Response Team grant application in the amount of $2,000. If awarded,the fiords will be used to assist in performing background checks on volunteers. A copy of the grant application is available for review in the Emergency Management Department. Acceptance of Funding Allocation from the Federal Highway Administration Transportation Community System Preservation and Adoption of Budget Ordinance Amendment 0013-19 — Planning and Inspections Department The Commissioners accepted fimding from the Federal Highway Administration Transportation Community System Preseivation in the amount of$229,674 and adopted Budget Ordinance Amendment 0013-19. The fiords will be used to construct a bicycle and pedestrian segment linking residents from Bayshore to Middle Sound to Coy-il Farm. The local match of$57,418.50 was budgeted in the Planning and Inspections Department FY2010-2011 budget. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 17.2. Adoption of Amendment to the New Hanover County Code of Ordinances,Chapter 38—Sheriffs Office The Commissioners adopted amendments to the Chapter 38, Miscellaneous Provisions, Article IV, Breaches of the Peace, Section 38-111, Begging or Soliciting Alms, Contributions, Goods or Sei ices in an Aggressive Mariner or Within Prohibited Areas,to the New Hanover County Code of Ordinances. A copy of the ordinance amending Chapter 38, of the New Hanover County Code of Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV, Page 17.3 and will be codified into the New Hanover County Code of Ordinances. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 13-051 - Sheriffs Office 2013-17- Sheriffs Office 2013-18- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXV,Page 17.4. REGULAR ITEMS OF BUSINESS APPROVAL OF CONTINUANCE OF PLANNING ITEMS Chairman Barfield reported that the petitioners for the following planning items have requested a continuance: • Stephen Ohm, on behalf of Security Savings Bank, has requested the Board continue the public hearing and consideration of request to obtain a Special Use Permit to establish a convenience food store(5-606,09/12). • Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by Stephen Olen, on behalf of Security Savings Bank, to continue the public hearing and consideration of request to obtain a Special Use Permit to establish a convenience food store (5-606, 09/12). Upon vote, the motion carried 4 TO 0. • Walter Avery, on behalf of Horn Road, LLC, has requested the Board continue the public hearing and consideration of request to rezone 2.49 acres of land and 1.70 acres of right-of-way from CD (O&I) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 1,2012 PAGE 500 Conditional Office and Institutional to CZD (B-2) Conditional Zoning District Highway Business (Z- 918,04/12). • Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by Walter Avery, on behalf of Horn Road, LLC, to continue the public hearing and consideration of request to rezone 2.49 acres of land and 1.70 acres of right-of-way from CD (O&I) Conditional Office and Institutional to CZD (B-2) Conditional Zoning District Highway Business (2- 918,04/12). Upon vote, the motion carried 4 TO 0. • James H. Fentress, Jr., on behalf of Three Oaks Property, LLC, has requested the Board continue the public hearing and consideration of request to rezone 11.67 acres at 7740 Market Street and 115 Amarvllis Drive from B-2 Highway Business to CD (R-10) Conditional R-10 Residential (Z-922, 08/12). • Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by James H. Fentress, Jr., on behalf of Three Oaks Property, LLC, to continue the public hearing and consideration of request to rezone 11.67 acres at 7740 Market Street and 115 Amarvllis Drive from B-2 Highway Business to CD (R-10) Conditional R-10 Residential (Z-922, 08/12). Upon vote, the motion carried 4 TO 0. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2012 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Domestic Violence Shelter & Sei ices Outreach Coordinator/Advocate Andrea Stough presented the request for the Board's consideration to proclaim October 2012 as Domestic Violence Awareness Month in New Hanover County and was present to receive the proclamation. Commissioner Catlin read the proclamation into the record and moved for adoption. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing October 2012 as Domestic Violence Awareness 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 17.5. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2012 AS CROP HUNGER WALK MONTH IN NEW HANOVER COUNTY Lynn Weaver from Wesley Memorial United Methodist Church presented the request for the Board's consideration to proclaim October 2012 as CROP Hunger Walk Month in New Hanover County and was present to receive the proclamation. Vice-Chairman Thompson read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to adopt the proclamation recognizing October 2012 as CROP Hunger Walk 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 17.6. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2012 AS DLMBILITY AWARENESS AND EMPLOYMENT MONTH IN NEW HANOVER COUNTY Executive Director for the disAbilit-v Resource Center Gloria Garton and Co-Chairman David Morrison presented the request for the Board's consideration to proclaim October 2012 as Disability Awareness and Employment Month in New Hanover County and were present to receive the proclamation. Commissioner Catlin read the proclamation into the record and moved for adoption. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing October 2012 as Disability Awareness and Employment 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 17.7. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 7-13, 2012 AS FIRE PREVENTION WEEK IN NEW HANOVER COUNTY New Hanover County Fire Sei ices Fire Chief Donnie Hall,Deputy Fire Chief Matt Davis and Public Fire Educator Meg Langston presented the request for the Board's consideration to proclaim the week of October 7-13, 2012 as Fire Prevention Week with the theme, "Have Two Ways Out!" in New Hanover County and were present to receive the proclamation. Commissioner Berger read the proclamation into the record. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 1,2012 PAGE 501 Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to adopt the proclamation recognizing the week of October 7-13, 2012 as Fire Prevention 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 17.8. UPDATE ON NEW HANOVER COUNTY SCHOOLS' APPLICATION TO SERVE AS DIRECTING AGENCY FOR THE HEAD START PROGRAM Chairman Barfield reported that Commissioner Berger requested an update on New Hanover County Schools' application to seine as directing agency for the Head Start program. New Hanover County Public School System Chief Financial Officer Mary Hazel Small reported that the school system has submitted an application to the Head Start program to become replacement grantee to administer the program but have not yet received an answer. With the recent withdrawal of the Federal fimding from the New Hanover Community Action, Inc., Community Development Initiative has been named as the interim administrator of the program until the grantee is named. If the grant fimding is awarded to the school system, space at Jolmson Pre-K Center has been identified and the program is anticipated to begin in January 2013. On behalf of the Board, Chairman Barfield thanked Ms. Small for the update. ADOPTION OF PRELIMINARY ASSESSMENT RESOLUTION FOR BALD EAGLE LANE WATER SYSTEM EXTENSION Fire Chief Donnie Hall presented the request for the Board's consideration to adopt the preliminary assessment resolution for the Bald Eagle Lane water system extension. The residents of Bald Eagle Lane are presently experiencing salt-water intrusion in potable wells that affects the water quality in their homes. The County is proposing to expedite the extension of public water to these residents through special assessment to the benefited property owners. The County, through Fire Seivices, is also proposing to assist the homeowners in additional capacity with an increase to an 8-inch line and fire hydrants. Commissioner Catlin continued reporting that a community meeting regarding the project was held outlining the costs and the assessment process on September 18, 2012. The Cape Fear Public Utility Authority will consider the interlocal agreement at their meeting on October 10, 2012. A public hearing on the proposed special assessment is planned for the Board's October 15, 2012 meeting. After such time, the Board can adopt the final assessment resolution to direct that the project or portions of the project be undertaken. In response to Board questions,Finance Director Lisa Wurtzbacher reported that the resolution outlines that 100% of the project costs would be assessed to the property owners of Bald Eagle Lane. As a part of the special assessment process, the board of commissioners must first adopt a preliminary assessment resolution before a public hearing is conducted or a final resolution can be adopted. The Board held a discussion voicing concern that the resolution states the said installments will "bear interest at a rate of 5.5% per annum'' stating that they would prefer that the interest rate be set at a rate that is revenue neutral to the County as to be determined by staff. Hearing no firrther discussion, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to adopt the preliminary assessment resolution for Bald Eagle Lane Water System Extension as presented with the amendment that the interest rate will be set at a rate that is revenue neutral to the County as to be determined by staff. 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 17.9. APPROVAL OF CONTRACT RENEWAL TO GAHAGAN AND BRYANT ASSOCIATES, INC. FOR ENGINEERING AND SURVEYING SERVICES ASSOCIATED WITH THE MASON INLET PROJECT AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 2012-23 County Engineer Jim Ianmucci reported that the relocation of Mason Inlet was completed in April 2002 with a permit requirement by the US Army Corps of Engineers that physical monitoring be performed amnally and maintenance events must be undertaken as required. Gahagan and Bryant Associates, Inc. have successfirlly provided monitoring and engineering seivices for the Mason Inlet Relocation Project for years 0-10. The contract which covered that period of time has now expired and contract renewal is required. The proposed contract for seivices covers the period from October 2012 to September 2017. The contract includes the cost of engineering and surveying seivices for the upcoming maintenance event to take place this winter and cover years 11-15 to expire in September 2017. The cost will eventually be repaid through assessment of the benefiting property owners. The renewal of the contract was discussed with David Kellam and Dr. George Melita of the Mason Inlet Preseivation Group(M1PG). Staff is requesting the Board approve awarding the contract to Gahagan and Bryant Associates, hrc. in the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 1,2012 PAGE 502 amount of $989,682 for the period from October 2012 through September 2017 which includes a two percent increase to individual line item unit costs applied every other year and adopt Budget Ordinance Amendment 2012- 23. The cost of the project is advanced by Room Occupancy Tax funds to the Mason Inlet Relocation Fund and repaid through assessment of the benefiting property owners. After a brief discussion, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve awarding the contract to Gahagan and Bivant Associates, Inc. in the amount of $989,682 for the period from October 2012 through September 2017 for engineering and suiveying sei ices associated with the Mason Inlet Project (year 11- 15)and adopt Budget Ordinance Amendment 2012-23 as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XXXV,Page 17.10. A copy of the contract is available for review in the Legal Department. WITHDRAWAL OF AGENDA ITEMS SUBMITTED BY COMMISSIONER BERGER Chairman Barfield reported that the following agenda items which were submitted by Commissioner Berger have been withdrawn at the request of Commissioner Berger: • Consideration of a Resolution that County Commissioners will Seive on all Applicable Boards and Committees • Consideration of Policv Clarification • Public Information Discussion PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. No comments were presented. ADJOURNMENT Hearing no further business, Chairman Barfield adjourned the meeting at 7:31 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 HC'Live or innr.lzhcgov.com pages.BOC%aspy