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HomeMy WebLinkAbout2012-11-13 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 516 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, November 13, 2012, at 1:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Jonathan Barfield,Jr.: Vice-Chairman Jason R. Thompson:and Commissioner Richard G. Catlin. Commissioner Brian M. Berger arrived at 1:17 p.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 Rabbi Paul Sidlofsky, Temple of Israel, provided the invocation and Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag. CLOSED SESSION Chairman Barfield announced a Closed Session pursuant to North Carolina General Statute 143- 318.11(a)(3) to consult with the County Attorney regarding a matter of potential litigation and pursuant to North Carolina General Statute 143-318.11(a)(6)to consider a personnel matter. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to enter into a Closed Session pursuant to North Carolina General Statute 143-318.11(a)(3)to consult with the County Attorney regarding a matter of potential litigation and pursuant to North Carolina General Statute 143-318.11(a)(6) to consider a personnel matter. Upon vote, the MOTION CARRIED 3 TO 0. Chairman Barfield convened to Closed Session at 1:05 p.m. CONVENE TO REGULAR SESSION Chairman Barfield convened the meeting to Regular Session at 2:00 p.m. and reported that the Board has concluded its consultation with the County Attorney and has considered the New Hanover County Register of Deeds amoral salaiv with the consensus of the Board as follows: • To award the Register of Deeds-elect, Tammy Beasley, an annual salary of$55,370, effective December 3, 2012. • Direction to the County Attorney to file a lawsuit against Clancy & Theys Construction Company, the contractor for the William Allen Cobb Annex,for defective work. BREAK Chairman Barfield called for a break from 2:00 p.m.until 2:15 p.m. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Vice-Chairman Thompson requested Consent Agenda Item 10 — Adoption of Budget Amendments be pulled for discussion. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to approve Consent Agenda Items 1- 9 as presented. Upon vote, the MOTION CARRIED 4 TO 0. Vice-Chairman Thompson stated that for clarity, Consent Agenda Item 10 includes Budget Amendment 2013-31, which allocates finds for the repair of the William Allen Cobb Annex. By adopting the budget amendment as presented, the funds will be available to allow the future Board, and staff, the flexibility on how to handle the repair costs. Hearing no further comments, Chairman Barfield called for a motion to approve the Consent Agenda Item 10—Adoption of Budget Amendments as presented. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve Consent Agenda Item 10—Adoption of Budget Amendments as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the Special Meeting held on October 5, 2012 and Regular Meeting held on October 15,2012 as presented by the Clerk to the Board. Adoption of Budget Ordinance Amendment 13-093 Accepting Continuation Funds from the North Carolina Department of Health and Human Services Division of Public Health Asthma Program—Health Department The Commissioners adopted Budget Ordinance Amendment 13-093 accepting continuation funds from the North Carolina Department of Health and Human Sei ices Division of Public Health Asthma Program in the amount of$11,920. No local match is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 517 A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 19.1. Approval of Seven Donations for Accession into the Museum's Permanent Collection—Cape Fear Museum The Commissioners approved the list of items for accession into the Cape Fear Museum's Permanent Collection. A complete copy of the Cape Fear Museum Permanent Collection November 2012 list is available for review at the Cape Fear Museum. Approval of Revisions to the Airlie Gardens Foundation Board By-Laws—Parks and Gardens Department The Commissioners approved revisions to the Airlie Gardens Foundation Board By-Laws. The revisions represent changes to reflect new committee structure,clarify board seats,and improve readability. A complete copy of the Airlie Gardens Foundation Board By-Laws is available for review in the Parks and Gardens Department or through a Laserfiche link on the County's website. Ratification of Title III-D Evidence Based Health Promotions Grant Application—Senior Resource Center The Commissioners ratified the Title III-D Evidence Based Health Promotions grant application in the amount of$4,000. If awarded, the fiords will be used to fiord costs for classes: A Matter of Balance: Chronic Disease Self-Management and Diabetes Self-Management The local match of $444 is included in the Department's current adopted budget. A copy of the grant application is available for review in the Senior Resource Center. Approval of Additional Sheriff's Depute for Law Enforcement Security at the Cape Fear Community College North Campus and Adoption of Budget Ordinance Amendment 13-076—Sheriff's Office The Commissioners approved one additional deputy position for the purpose of law enforcement security at the Cape Fear Community College North Campus and adopted Budget Ordinance Amendment 13-076. The deputy will be authorized to investigate and enforce violations of the North Carolina General Statutes during the academic year including the registration periods as needed with Cape Fear Community College reimbursing the County for the expense. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXV,Page 19.2. 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 September 2012: New Hanover Count-ti-Fire District New Hanover Comit-V Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXV,Page 19.3. Approval of Release of the Levy for Tax Year 2002—Tax Department The Commissioners approved the Release of the Levy for Tax Year 2002. The ten-year statute of limitations prohibits the Collector from using forced collection measures to collect these taxes and these amounts are deemed insolvent and uncollectible. Approval of Consolidation of the New Hanover County Fee Schedule into One Document — Budget Department The Commissioners approved the consolidation of the New Hanover County Fee Schedule into one document for easy accessibilitti-and reference. A copy of the New Hanover County Fee Schedule is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 19.4. A copy of the fee schedule is available for review on the County's website. Adoption of Budget Ordinance Amendments and Capital Project Ordinances—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2013 and establishes the related Capital Project Ordinances: 13-054-Librai 13-078- Sheriffs Office 13-079- Sheriffs Office 13-080- Sheriffs Office 13-087- Sheriffs Office 13-082 -Parks, Gardens and Senior Resource Center 13-088-Parks, Gardens and Senior Resource Center NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 518 13-083 -Emergency Management 13-094- Social SeivIces 2013-31—Finance 2013-32—Finance William Allen Cobb Aimex Building Renovation Capital Project Ordinance Bald Eagle Lane Public Water Expansion Capital Project Ordinance Copies of the budget ordinance amendments and capital project ordinances are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 19.5. REGULAR ITEMS OF BUSINESS INTRODUCTION OF CAPE FEAR COMMUNITY COLLEGE PRESIDENT DR. TED D. SPRING Vice-Chairman Thompson, as the Board's representative on the Cape Fear Community College Board of Trustees, introduced Dr. Ted D. Spring who began his role as President of Cape Fear Community College on November 1, 2012. On behalf of the Board, Chairman Barfield welcomed Dr. Spring to New Hanover County. ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 15, 2012 AS AMERICA RECYCLES DA YIN NEW HANOVER COUNTY Environmental Management Director Joe Suleyman presented the request for the Board's consideration to proclaim November 15, 2012 as America Recycles Day 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 November 15, 2012 as America Recycles Day 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 19.6. ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 14, 2012 AS GEOGRAPHIC INFORMATIONSY.STEM.SDAYIN NEW HANOVER COUNTY New Hanover County Geographic Information Systems (GIS) Technician Eliza Baldwin presented the request for the Board's consideration to proclaim November 14, 2012 as Geographic Information Systems Day in New Hanover County and was present to receive the proclamation. Commissioner Berger read the proclamation into the record and moved for adoption. Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing November 14,2012 as Geographic Information Systems Day 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 19.7. ADOPTION OF RESOLUTION ESTABLISHING A FOREIGN TRADE PROMOTION COUNCIL ORGANIZATIONAL COMMITTEE IN NEW HANOVER COUNTY Commissioner Catlin presented the request for the Board's consideration to adopt the resolution establishing a Foreign Trade Promotion Council Organizational Committee in New Hanover County highlighting the following information: • Our existing Foreign Trade Zone 66 is an underutilized resource in our community. • A Foreign Trade Zone is an area near a United States port of entry considered outside United States Customs territory: an area where duties and taxes are due only when removed for consumption:an area that facilities international trade: and an area that increases global competitiveness of United States based companies. • Benefits include deferral,reduction, or elimination of import duties:best in class inventory control that largely eliminates inventory loss adjustments; reduces long hold times at ports of entry: lower cargo insurance rates:and no comifty-of-origin labels required. • Benefits include: • Jobs and new business • Save existing businesses money • Increase tax base • Provide cultural enrichment for citizens and students • The mission is to enhance New Hanover County's participation in international business promotion and international trade. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 519 • The purpose is to draft a plan for enhancing New Hanover County's participation in international business promotion and international trade. The plan will be approved by the New Hanover County Board of Commissioners and include the following: • Membership requirements • Organizational structure • Mission statement • Bvlaws • Operations • Funding • The following names are proposed as members: • Seth Palmer,North Carolina Department of Transportation • Jon Rosborough, Wilmington hrterrrational Airport • Tom Barber,New Hanover County Airport Authority • Rick Catlin,New Hanover County Government • George Rountree,North Carolina State Ports Authority • Lance Kenwortliv,North Carolina State Ports Authority • Tim Burgess,New Hanover County Government. • The Committee shall dissolve upon the completion of its purpose, or one year from the date of the adoption of this resolution,whichever occurs first. The date of dissolution may be extended upon approval of the New Hanover County Board of Commissioners. • Due to the limited duration of the Committee, the members can continue to seine beyond their affiliation and with their representative organizations, should the need arise. Commissioner Catlin read the resolution into the record and moved for adoption. After brief discussion, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the resolution establishing a Foreign Trade Zone Promotion Council Organizational Committee in New Hanover County. 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 19.8. ADOPTION OF RESOLUTION APPROVING THE NEWHANOVER COUNTY SOLID WASTE PROGRAM AREA MANAGEMENT PLAN Environmental Management Director Joe Suleyman presented the request for the Board's consideration to adopt the resolution approving the New Hanover County Solid Waste Program Area Management Plan. The plan and its required updates provides for the management of solid waste and reduction efforts for the next ten years. The planning area includes the current unincorporated areas of New Hanover County, the Town of Carolina Beach, the Town of Kure Beach, the City of Wilmington, and the Town of Wrightsville Beach. This is the result of a collaborative effort between representatives of each of the municipalities. The completed plan was made available for public review in each municipality,and a public meeting was held on September 10,2012. The plan includes the following six parts: • Demographics and solid waste stream evaluation — population changes, employment data, economic date and waste stream makeup was updated. • Local waste reduction goals—outlines the management area's waste reduction goals,based on current and pending actions. • Meeting the waste reduction goals — each municipality summarized their current and planned methodology for reaching the waste reduction goals set. • The planning process and public participation—describes the actions that were taken to notify, engage, and involve the general public in the preparation of the plan. • Programs assessment and intended actions — provides a detailed description of solid waste management actives, projects, and procedures that contribute towards the overall waste reduction goal. • Facilities and resources available through private enterprise — identifies all current and pending facilities and resources that are available through private companies that are engaged in waste reduction,recycling,reuse, collection and disposal efforts. Key changes to the plan include: • City of Wilmington's curbside recycling collection program to include pending changes. • Identified the need to establish a permanent household hazardous waste collection facility. • Identified the need to establish subscription curbside yard waste collection sei ices to the unincorporated areas of the County. • Identified the need to expand the current electronic waste collection system • Updated the status of the County's waste-to-energy facility. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 520 In closing, Mr. Suleyman stated that staff is requesting the Board adopt the resolution approving the New Hanover County Solid Waste Program Area Management Plan. After a brief question and answer period, hearing no finther comments, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to adopt the resolution approving the New Hanover County Solid Waste Program Area Management Plan. 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 19.9. A copy of the New Hanover County Solid Waste Program Area Management Plan is available for review on the Count-v's website. NEW HANOVER COUNTY ALCOHOL BEVERAGE CONTROL BOARD ANNUAL UPDATE New Hanover County ABC Board Chairman Thomas Wolfe presented the Alcohol Beverage Control (ABC) Board annual update highlighting customer sei ice initiatives, alcohol law enforcement, efficiency goals, human resources,real estate needs,and current and fixture endeavors. In Fiscal Year 2011-2012 the following financial information was highlighted: • Total sales up$1.9 million(6%) • Taxes related to sales up$448,000(5.8%) • Gross profits up$544,000(7%) • Expenses down$117,000(3%) • Operating income up$661,000 (16%) • Local taxes distributed up$83,000 (5%) • Local profits distributed up$300,000 (25%)—additional$400,000 in profits distributed in July 2012 • Operating profit/sales%-goal was 9.0%:actual was 14.3% Mr. Wolfe presented the request, on behalf of the New Hanover County Alcohol Beverage Control Board, to provide a one-time bonus to Chief Executive Officer Dan Sykes in the amount of$7,000. Mr. Sykes received an excellent review for the outstanding job he has done in decreasing operating expenses and increasing profits. A request for a$5,000 bonus was not approved last year. After brief discussion, Chairman Barfield requested direction from the Board. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to approve a one-time bonus of $7,000 for New Hanover County Alcohol Beverage Control Chief Executive Officer Dan Sykes. Upon vote, the MOTION CARRIED 4 TO 0. On behalf of the Board, Chairman Barfield thanked Mr. Wolfe for the update. APPROVAL OF REQUEST FOR ADDITIONAL DETENTION CENTER STAFFING AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 13-081 Sheriff Ed McMahon presented the request for the Board's consideration for additional staffing for the New Hanover County Detention Facility. The current ratio of inmates to officers, at level of 64:1, is unsafe. A total of sixteen deputy positions are necessary: eight positions are being requested at this time in the amount of$268,760 and the remaining eight positions in the amount of$860,032 will be included as part of the FY13-14 budget process. The additional personnel will significantly reduce overtime, improve officer morale, and more importantly contribute to officer and innate safety and security. As the detention facility population continues to increase so will the number of innate assaults on officers, inmate assaults on inmates, and suicide attempts. There have been riventy officers assaulted thus far this year, in addition to sixteen suicide attempts by inmates. The average daily jail population has risen from 493 last year to 572 this year. Presently, on any given day there can be as many as six hundred inmates. The increase in population has a direct impact on the risks to which our officers and inmates are exposed. The approval of additional deputy positions, in lieu of detention officer positions, would allow greater flexibility in terms of utilization. These officers would be certified to cane a weapon and enforce all laws. Deputies could also be used for transportation of imnates to other detention facilities, to prisons for safekeeping, hospitals, and courts. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt Budget Ordinance Amendment 13-081 allocating finding for eight additional deputies for the New Hanover County Detention Facility as presented. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 521 A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and contained in Exhibit Book XXXV,Page 19.10. ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET ORDINANCE AMENDMENT APPROVING THE RENOVATION OF HEALTH DEPARTMENT BUILDINGS Deputy Health Director Joshua Sivift presented the request for Board consideration to adopt the Capital Project Ordinance approving the renovation of the facilities for the Health Department, the current CoastalCare and Health Department buildings, and adoption of Budget Ordinance Amendment 2013-30 allocating the fiords for Phase I. CoastalCare will be vacating their existing building adjacent to the New Hanover County Health Department in November 2012. Renovation of these facilities for use by the Health Department, together with renovation of the existing Health Department building,is highly desirable. Cost of this project is estimated at a total of$6,935,950,to be phased as follows: • Phase I-Renovation of mental health building in the amount of$2,485,250 • Phase II—Renovation of 1 st floor of public health building: • Phase IIA—50%of public health building in the amount of$1,969,600 • Phase IIB—50%of public health building in the amount of$2,332,600 • Phase III—Renovation of 211d floor of public health building in the amount of$148,500 The New Hanover County Health Department has $2,715,254, currently held in escrow, available to fiord Phase I of the renovation project. Staff requests that the Board approve the Capital Project ordinance in the amount of$2,715,254 for Phase L Funding for Phase 11 and III will be requested in the FY13-14 Budget. LS3P Associates, LTD. was the architect and engineer for the construction of the mental health and public health buildings. In addition, LS3P conducted the Avo most recent space studies for the health department. The current renovation studies, estimates and opinion of probable cost have been prepared by LS3P. Staff requests that New Hanover County be exempted, as allowed by North Carolina General Statute 143-64.32, from the requirement to use the qualifications-based selection process to select an architect and engineer. County staff wishes to continue using LS3P Associates, LTD. for architectural and engineering sei ices for the renovation of the health department, including current CoastalCare and New Hanover County Health Department buildings due to the firm's extensive background and previous experience with this project. Staff is requesting the Board approve Phase I of Health Department renovation project and adopt Budget Ordinance Amendment 2013-30 allocating the use of escrowed fiords for this purpose, approve the Capital Project Ordinance in the amount of$2,715,254,and select LS3P Associates,LTD. as the architect of record as presented. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to adopt the Capital Project Ordinance and Budget Ordinance Amendment 2013-30 allocating the use of escrowed fiords for Phase 1 of the Health Department renovation project and approve the selection of LS3P Associates,LTD. as the architect of record as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the budget ordinance amendment and capital project ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 19.11. APPROVAL TO SUBMIT A LETTER OF INTENT TO THE CAPE FEAR MEMORIAL FOUNDATION TO FUND HEALTH DEPARTMENT SPACE NEEDS Health Director David Rice presented the request for the Board's consideration to submit a letter of request for financial support to the Cape Fear Memorial Foundation in the amount of $600,000. If awarded, the fiords would be used for space needs of the New Hanover County Health Department: ($300,000 for 2013 and $300,000 for 2014). The County has the opportunity to renovate the CoastalCare facility adjacent to the Health Department. The Plan is to move the Health Department clinics to the renovated CoastalCare facility (Phase I)and then renovate our current facility to enhance our programs and sei ices (Phase II). LS3P Associates has completed the space needs analysis and its opinion of probable cost. Phase I is estimated to cost $2,485,250 and the remainder of the project is estimated to cost $4,450,700. The total cost for the Health Department renovations is projected to be $6,935,950. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to approve the submission of a letter of intent to the Cape Fear Memorial Foundation to fiord space needs for the Health Department as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the letter of intent is available for review at the Health Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 522 PUBLIC HEARING AND APPROVAL TO AMEND SECTION 53.6 OF THE ZONING ORDINANCE TO CLARIFY DISTRICT PROCEDURES, STANDARDS, AND REQUIREMENTS OF THE EXCEPTIONAL DESIGN ZONING DISTRICT(A-404,10/12) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning Manager Shawn Ralston presented the request by Staff to amend Section 53.6 of the Zoning Ordinance to clarify district procedures, standards, and requirements of the Exceptional Design Zoning District (EDZD)highlighting the following changes: • Clarifications to the application submittal requirements to provide additional guidance to applicants to ensure adequate information is submitted to evaluate a project:and • Additions to the district regulations and underlying standards to ftrrther encourage that a project meets the intent of the EDZD; and • A cap on the amount of density that a project may achieve unless a project proposes a mixed use component or locates near existing shops, sei ices and facilities: and • Clarifications to the table of core and additional requirements to ftrrther encourage that a project meets the intent of the EDZD; and • The addition of two new components to the table of additional requirements to allow more options to satisfy the necessary points required to establish an EDZD;and • Additions and clarifications to the definition section, including a definition of "walk distance", to ftrrther encourage that a project meets the intent of the EDZD. The Planning Board at their October 4,2012 meeting voted 7-0 to recommend approval of the amendment. Chairman Barfield asked if anyone from the public wished to speak in favor of or opposition to the request. After brief discussion and hearing no ftrrther comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to approve amending Section 53.6 of the Zoning Ordinance finding that the changes are consistent with the Land Use Plan and is reasonable and in the public interest to clarify district procedures, standards, and requirements of the Exceptional Design Zoning District as presented. Upon vote, the MOTION CARRIED 4 TO 0. 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 19.12. PUBLIC HEARING AND APPROVAL TO AMEND SECTIONS 111-2.1, 112.1, AND 121.3 OF THE ZONING ORDINANCE TO CLARIFY DISTRICT PROCEDURES, STANDARDS, AND REQUIREMENTS OF THE EXCEPTIONAL DESIGN ZONING DISTRICT(A-406,10/12) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning Manager Shawn Ralston presented the request by Staff to amend Sections 111-2.1, 112.1 and 121.3 of the Zoning Ordinance to provide clarification to community meeting requirements and notification requirements highlighting that the proposed changes establish uniform guidelines for districts requiring notification for community meetings and other hearings. The guidelines also specify how to notify rental property residents. At the Planning Board's meeting on October 4,2012,they voted 7-0 to recommend approval of the text amendment. Chairman Barfield asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. In response to Board concerns about the enforcement of the 2007 ordinance and whether leaseholders should, or should not, be notified of proposed changes, Ms. Ralston clarified that leaseholders should have been receiving notification. The proposed amendment is meant to clarify the requirement and process. County Manager Chris Coudriet stated that if the Board has concerns about the proposed text amendment as presented, he would prefer the item to be tabled, and staff given the opportunity to review and bring back a different recommendation to amending the 2007 ordinance. After brief discussion and hearing no ftrrther comments, Chairman Barfield requested direction from the Board. Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve amending Sections III- 2.1, 112.1 and 121.3 of the Zoning Ordinance finding that the changes are consistent with the Land Use Plan and is reasonable and in the public interest to provide clarification to community meeting requirements and notification requirements as presented. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Berger voted in opposition. 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 19.13. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 523 PUBLIC HEARING AND APPROVAL TO AMEND SECTION 111 OF THE ZONING ORDINANCE TO ALLOW PETITIONS TO BE RESUBMITTED WITHIN TWELVE MONTHS IF SUBSTANTIAL CHANGES ARE MADE TO THE PROPOSAL(A-407, 10/12) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning Manager Shawn Ralston presented the request by Staff to amend Section 111 of the Zoning Ordinance to alloy-petitions to be resubmitted within rivelve months if substantial changes are made to the proposal. This amendment provides flexibility when applicants choose to withdraw proposals after public notice is given or when substantial changes have been made to a petition. The Planning Board voted 7-0 to recommend approval of the amendment at their October 4,2012 meeting. Chairman Barfield asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve amending Section 111 of the Zoning Ordinance finding that the changes are consistent with the Land Use Plan and is reasonable and in the public interest to provide petitions to be resubmitted within rivelve months if substantial changes are made to the proposal as presented. Upon vote, the MOTION CARRIED 4 TO 0. 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 19.14. BREAK Chairman Barfield called for a break from 4:13 p.m.until 4:26 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF, DESIGN SOLUTIONS, ON BEHALF OF GORDON ROAD DEVELOPMENT PARTNERS,LLC,TO ESTABLISH A HIGH DENSITY RESIDENTIAL DEVELOPMENT LOCATED AT 8703 STEPHENS CHURCH ROAD (S-606,09/12) Chairman Barfield opened the Public Hearing and announced that the conditional rezoning 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. The following persons were sworn in: Chris O'Keefe Shawn Ralston Tom Johnson Dave Weaver Adam Sosue Sam Burgess Cindee Wolf Daniel Cumbo Anton-Law Mike Kozloskv Iiv Freedland Pam Latter Matt Palese Planning&Inspections Director Chris O'Keefe reported that Cindee Wolf, Design Solutions, on behalf of Gordon Road Development Partners, LLC, is requesting a Special Use Permit to establish a high density residential development at 8703 Stephens Church Road and presented a slide oveiview of the request. The petitioner is proposing an eight-building 192-unit apartment campus in a CD Conditional Use (O&I) Office and Institution and R-15 Residential Zoning District. The CD district was originally approved in March, 2002 for a campus style commercial development. The project was not started due to certain dynamics taking place in the area and the special use permit has since expired. The zoning ordinance allows high-density projects in the O&I zoning district with issuance of a special use permit. Density cannot exceed 10.2 units per acre. Traffic is rated at E is this location. The Planning Board voted 7-0 to recommend denial of the request at their October 4, 2012 meeting. The Board concluded that the project would materially endanger the public health and safety due to the volume of traffic and the configuration of the Highway 17 superstreet and Stephens Church Road intersection. Staff concurs with the Planning Board recommendation that the project would materially endanger the public health and safety due to the volume of traffic and the configuration of the Highway 17 superstreet and Stephens Church Road intersection and recommends denial of the request. If the Board does approve, staff recommends that the property be zoned CD (R-15)which would be consistent with the existing R-15 zoning district. Chairman Barfield invited the Petitioner to make comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 524 The Petitioner, Tom Johnson with Nexsen Pruet, presented an ov eiview of the proposed project highlighting that the project will meet the increasing demand for multifamily housing and places residential in close proximity to seivices. To address safety concerns, the development will be sprinkled and eater will be extended under Highway 17 to Stephens Church Road providing water for the public and for fire seivices. The proposed project is less intensive that the current zoning allows by right. The Traffic Impact Analysis revealed that the intersections were performing at Level A to C and was accepted by Wilmington Metropolitan Planning Organization. Trips generated would be less than current zoning. The accident history for the years 2009—2012 revealed there were only rivelve accidents, of which rivo involved animals; of the remaining ten, only five were on the Stephens Church Road side of Highway 17. The proposed project meets the standard of the ordinance. In response to Board questions, Planning Board Representative Dave Weaver reported that this was a difficult case for the Planning Board to consider. There was agreement that the site plan was a good plan with no direct negative impact on the neighbors and there was no concern with the traffic impact analysis that was presented. There was considerable concern expressed about the dangers associated with the flow of traffic. The Planning Board did feel that rezoning to R-15 would be preferable. In response to Board questions,Wilmington Metropolitan Planning Organization Mike Kozlosky stated that they did review the Traffic Impact Analysis and that the intersections are functioning at an acceptable level of seivice: the proposed project will have minimal impact. The more macro level analysis revealed that the proposed project would have an impact as the street is approaching a level F. In response to Board questions, NDCOT representative Anthony Law concurred with comments made by Mr. Kozloskv. Commissioner Catlin voiced his concern about the difficulty and safety of making a right turn stating that a solution may be to add a central lane so cars can proceed to the next right turn area opportunity to make the turn. In response to Board questions, Daniel Cumbo with Davenport Transportation Consulting reported that there is enough room for an average of rivo to three cars to be stacked. In response to Board questions, Mr. Johnson confirmed that they were willing to work through the Technical Review Committee process. The report found that the intersection is functioning as expected, with no additional improvements required. Chairman Barfield asked if anyone from the public wished to speak in favor of the request. Iry Freedland, 7231 Airlie Place, spoke in favor of the request stating that he owns a piece of property on the other side of street and is pleased that the petitioner is willing to bring water to the site. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Pam Latter, 8915 New Forest Drive, spoke in opposition to the request citing traffic and safety concerns. She requested the Board deny the request for additional development until the traffic patterns have been changed, and safety concerns addressed. Matt Palese, 8905 Plantation Landing Drive, spoke in opposition to the request stating that the Board, in a previous request on Futch Creek Road, voted unanimously to deny the request. The same situation exists on the other side of Highway 17 headed south. He requested the Board deny the request based on the same negative impact. In rebuttal comments, Tom Johnson, stated that those speaking in opposition were not neighbors of the proposed project but live across the street. The traffic patterns that are in place were put there as part of the NCDOT's superstreet concept and will continue to exist whether this particular project moves forward or not. He stated that they have met the burden of proof for approval based upon the way that the law reads. In response to Board questions,Mr. Johnson confirmed that they wished to proceed with the request stating that they agree with Staffs Findings of Facts that were positive but were not in agreement with the Findings of Facts that were found to be negative. Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Commissioner Catlin stated that this was a very different proposal than the project that the Board denied on Futch Creek Road highlighting his concern that improvements need to be made to the lane. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by Cindee Wolf, Design Solutions, on behalf of Gordon Road Development Partners,LLC,for a Special Use Permit to establish a high density residential development located at 8703 Stephens Church Road based on the evidence presented and concluding that the findings of facts have been substantiated with the condition that the petitioner make all practical efforts to work with the North Carolina Department of Transportation (NDDOT) to improve the road intersection of US Highway 17 and Stephens Church Road and to divert traffic from the intersection to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 525 northern or secondaiv access of Stephens Church Road to reduce safety concerns. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 45.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY WALTER PETE AVERY, ON BEHALF OF HORN ROAD,LLC,TO REZONE 2.49 ACRES OF LAND AND 1.70 ACRES OF RIGHT-OF-WAY FROM CD (O&I) CONDITIONAL OFFICE AND INSTITUTIONAL TO CDZ (B-2) CONDITIONAL DISTRICT HIGHWAY BUSINESS PUBLIC HEARING(Z-918,04/12) Chairman Barfield opened the Public Hearing and requested Staff to make the presentation. Current Plainer Nicole Dreibelbis presented the request by Walter Pete Avery, on behalf of Horn Road, LLC, to rezone 2.49 acres of property and 1.70 acres of right-of-way from CD (O&I) Conditional Office and Institutional to CDZ(B-2) Conditional District Highway Business and presented a slide overview of the request. The proposal, which includes the right-of-way for both Carolina Beach Road and Horn Road, meets the requirements of both the Conditional Zoning District and B-2 Highway Business District and is located within an area classified as Urban according to the 2006 CAMA Land Use Plan. The proposal has been reviewed and will have a minimal impact on traffic and is situated adjacent to commercial uses both south and east of the subject site. The proposed buffer will mitigate potential negative impacts to adjacent residential properties to the north and west. At their September 6, 2012 meeting, the Plarming Board voted 6-0 to recommend approval of the request subject to the conditions recommended by staff restricting the permitted uses to exclude: 1) general building contractor with no outside storage: 2) landscaping contractor with no outside storage: 3) research facilities: 4) electrical repair shops: and 5) indoor recreational facilities. The Planning Board also recommended limiting dry cleaning or laundry plants to facilities with drop off and pick up only. One adjacent property owner expressed concern regarding certain permitted uses in B-2, including electrical repair shops, indoor recreation facilities and research facilities: and the maintenance of the buffer area if privacy fencing is located within the buffer. Staff recommends approval of the rezoning request with the following conditions: A. The dumpster location be placed as far away as possible from the nortfivest property: B. Installation of an eight foot fence along the northwest side of the property: C. In coordination with WAVE Authority, improve the existing transit site,fronting the subject property: D. Construction of sidewalks, fronting Carolina Beach Road and Horn Road accessing the site to ensure potential pedestrian safety and cornectivity to the adjacent residential neighborhood: E. Exclusion of fineral homes including cremation sei ices, special trade contractor with no outside storage, landscape sei ices - maintenance and design or related sei ices, general building contractor with no outside storage, landscaping contractors with no outside storage, research facilities, electrical repair shops,and indoor recreation facilities from the list of permitted uses and limiting dry cleaning or laundry plants to facilities with drop off and pick up only: F. Hours of access should be limited to avoid undue disturbance of the peacefirl enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends the hours of 7:00 a.m. to 9:00 p.m.:and G. Strategic placement of lighting and equipping each light with cones directing the light downward, minimizing the impacts on adjacent residential neighbors. Chairman Barfield invited the Petitioner to make comments. The Petitioner, Pete Aver}, provided an oveiview of the request highlighting that it is consistent with the Land Use Plan and that they agree with the conditions and permitted uses as presented. In response to Board questions,he reported that they are ready to proceed with the request. Chairman Barfield reported that no one had signed up to speak in favor of or in opposition to the request and closed the Public Hearing requesting direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by Walter Pete Avery, on behalf of Horn Road, LLC to rezone 2.49 acres of property and 1.70 acres of right-of-ivay from CD (O&I) Conditional Office and Institutional to CDZ (B-2) Conditional District Highway Business based on the evidence presented and finding that the request is: 1) consistent with the purposes and intent of the Urban classification and Policy 4.3 of the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to rezone 2.49 acres of land of CD (O&I) Conditional Use Office and Institutional and 1.70 acres of right-of-way to CDZ (B-2) Conditional District highway business, consistent with the existing commercial node with the following conditions: A. The dumpster location be placed as far away as possible from the nortfivest property: B. Installation of an eight foot fence along the northwest side of the property: C. In coordination with WAVE Authority, improve the existing transit site,fronting the subject property: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 526 D. Construction of sidewalks, fronting Carolina Beach Road and Horn Road accessing the site to ensure potential pedestrian safety and connectivity to the adjacent residential neighborhood: E. Exclusion of fimeral homes including cremation sei ices, special trade contractor with no outside storage, landscape sei ices - maintenance and design or related sei ices, general building contractor with no outside storage, landscaping contractors with no outside storage, research facilities, electrical repair shops,and indoor recreation facilities from the list of permitted uses and limiting dry cleaning or laundry plants to facilities with drop off and pick up only; F. Hours of access should be limited to avoid undue disturbance of the peacefirl enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends the hours of 7:00 a.m. to 9:00 p.m.:and G. Strategic placement of lighting and equipping each light with cones directing the light downward, minimizing the impacts on adjacent residential neighbors. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 4,Page 92. PUBLIC HEARING AND APPROVAL OF REQUEST BY STEPHEN OHM,ON BEHALF OF SECURITY SAVINGS BANK, FOR A SPECIAL USE PERMIT TO ESTABLISH A CONVENIENCE FOOD STORE LOCATED AT 5111 CAROLINA BEACH ROAD(S-606,09/12) Chairman Barfield opened the Public Hearing and announced that the conditional rezoning 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. The following persons were sworn in: Chris O'Keefe Sam Burgess Shawn Ralston David Weaver Spruill Thompson John Turnstall Brittni Ohm Stephen Olen Randolph Coble Neil Simmon Ginger Johnson Senior Planner Sam Burgess presented the request by Stephen Olen, on behalf of Security Savings Bank,to obtain a Special Use Permit to establish a convenience food store at 5111 Carolina Beach Road and presented a slide overview of the request. At their September 6, 2012 meeting, the Planning Board voted 3-3 on the petitioner's request to establish a drive-thtu convenient mart facility in an Office and Institutional District adjacent to residential. One person provided a letter citing no objection. Five people spoke in opposition to the request, citing concerns about traffic safety and congestion, noise, lighting, operating hours, and negative impact on property values. Staff suggests that the project does not satisfy the required findings necessary for a Special Use Permit. Evidence in the record suggests that the proposed use, if developed according to the plan, will not be in harmony in the area in which it is to be located. The proposal offers a stark contrast to the existing residential character surrounding the property, and does not offer a transition from the existing residential development to the proposed business. The intent of the proposed business is to provide a drive-thtu convenience store for motorists passing by an otherwise residential area. Further, the Office and Instittrtional District is intended to provide for land for institutional uses and professional office uses and to provide "protection for this type land use from encroachment by other less desirable uses." This use is not consistent with that statement. If the request is approved the following conditions are recommended: • A NCDOT Driveway Permit along with encroaclnnent agreements and other associated road improvement costs are recommended. • Low-level lighting to mitigate light pollution to adjoining neighborhoods is recommended. • Hours of operation should be limited from 7:00 a.m. to 10:00 p.m. • The sale of gasoline should be prohibited. • Dumpsters should be placed away from adjoining neighborhoods and screened from view. • A pedestrian sidewalk and bus transit shelter near the proposed facility should be considered. Chairman Barfield asked the petitioner for comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 527 Spruill Thompson,Broker for the Petitioner, presented an overview of the request stating that the proposed project is a much less intense use than what could be built by right and requested approval. Brittni Ohm, the Petitioner, spoke in favor of the request highlighting that what they are proposing is a drive through convenience store, not a brew-thin. Selling beer and wine will not be their priority. They want to do all they can to be a good neighbor and win them as customers. Chairman Barfield asked if anyone would like to speak in opposition to the request. Randolph L. Coble, 1618 Honey Bee Lane, stated that he is representing the Willoughby Park Homeowners and voiced his opposition to the request citing traffic and safety concerns. There is a WAVE bus stop and school bus stops in front of Willoughby Park. The proposed type of business is not in harmony with the surrounding area and the hours of operation will have a negative impact on their quality of life. Ginger Johnson, 1488 Honey Bee Lane, voiced her opposition to the request stating that the proposed project will have a negative impact on their property values stating that the current zoning of Office and Institutional would be more in harmony with the surrounding area than the proposed use. Neil Simmons, 1422 Willoughby Park Court, stated that he is also representing the Willoughby Park Homeowners and voiced his opposition to the request stating that the proposal will become a destination and is not needed in this area with other such facilities in close proximity and will negatively impact the surrounding property values. In rebuttal comments, John Tunstall, Norris and Tunstall Consulting Engineers, reported that to address safety concerns they have included the right turn lane for safety in the site plan. Working with NCDOT,the number of peak time hours generated from the project would be 25 in the morning,and 27 in the evening. In rebuttal comments, Mr. Thompson, reported that Site Plan 2 was submitted to address neighborhood concerns and they plan to use directional lighting to mitigate concerns. They want to be a good neighbor and have the neighbors as customers. In response to Board questions, Mr. Tunstall and Mr. Thompson reported that the buffer is half of the required set-back, which will contain the plantings and trees as required. Additional buffering will be added to address the lighting concerns including a concrete wall. The owners of the two vacant lots next to the proposed project are in favor of the project and would like their property rezoned also. In rebuttal comments, Ginger Johnson reiterated her concern that the proposed project will have a negative impact on their property values and on their quality of life. Hearing no further comments, Vice-Chairman Thompson closed the public hearing and requested direction from the Board. Vice-Chairman Thompson voiced his concern that the way the special use permit process works in requiring the decision to be based on the evidence presented and the findings of facts which includes expert testimony and reports, typically the evidence is not going to be on the residents side unless they provide expert testimony and reports. Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to approve the request by Stephen Ohm, on behalf of Security Savings Bank, to obtain a Special Use Permit to establish a convenience food store at 5111 Carolina Beach Road 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 as presented with the following conditions: 1) Site Plan Option 2 will be used as presented:and 2) the lighting impact will be mitigated through the use of a concrete wall in the front and 100% opaque buffering material in the form of twelve foot (12') leyland cypress trees to block the light from the second story windows of adjoining residential homes located to the rear of petitioner's property. Upon vote, the MOTION CARRIED 3 TO 1. Chairman Barfield voted in opposition. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 45.2. Chairman Barfield apologized to those in the audience who came for the Stephens Church Road planning item and found the door of the building locked. The Board did approved the project by a vote of 4 TO 0 after hearing the evidence and statements concerning traffic impact from NCDOT and the Wilmington Metropolitan Planning Organization with the reports revealing that even with approval of the project there would be no significant negative impact on traffic. The proposed project was very different,with very different issues,from the Futch Creek Road project that was denied recently. The Board did hear from two people who presented statements in opposition to the proposed project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 528 Sheriff Ed McMahon apologized that the doors were locked reporting that when a deputy left for the evening he inadvertently locked the doors. When the deputy discovered that there was meeting in progress upstairs, he returned immediately to unlock the doors. The process of securing the building will be reviewed with the appropriate corrections made so that it doesn't happen again. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Barfield reported that vacancies exist on the Adult Care Home Community Advisory Committee with three applicants eligible for reappointment requesting direction from the Board. Chairman Barfield nominated Demetria Gordon, Micki Jay, and Warren Wilson for reappointment. The nominations were seconded by Commissioner Catlin. Vote Results: The Board voted 4 TO 0 to reappoint Demetria Gordon, Micki Jay, and Warren Wilson to seine three-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on November 30,2015. Appointment to the Juvenile Crime Prevention Council Chairman Barfield reported that a vacancy exists on the Juvenile Crime Prevention Council in the Juvenile Defense Attorney category with an applicant eligible for consideration requesting direction from the Board. Chairman Barfield nominated Ashley Michael for appointment. The nomination was seconded by Commissioner Catlin. Vote Results: The Board voted 4 TO 0 to appoint Ashley Michael to seine an unexpired term on the Juvenile Crime Prevention Council in the Juvenile Defense Attorney category with the term to expire on September 30, 2014. Appointment to the Zoning Board of Adjustment Chairman Barfield reported that one vacancy exists on the Zoning Board of Adjustment with one applicant eligible for reappointment and rivo applications available for consideration requesting direction from the Board. Chairman Barfield nominated Justin Michael Lewis for reappointment. The nomination was seconded by Commissioner Catlin. Vote Results: The Board voted 4 TO 0 to reappoint Justin Michael Lewis to seine a three year term on the Zoning Board of Adjustment with the term to expire on December 1,2015. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda with no one signed up to speak. ADDITIONAL AGENDA ITEMS OF BUSINESS PRESENTATION OF CITIZEN SURVEY County Manager Chris Coudriet provided the Board with a brief oveiview,breakdown of contract cost, and draft copy of the proposed Citizen Suivey for review. APPOINTMENT OF COMMISSIONER BERGER TO BOARDS AND COMMITTEES Vice-Chairman Thompson reported that the December 3, 2012 meeting will be his last meeting as County Commissioner: therefore, he is tendering his resignation from the Boards/Committees that he represents as a Commissioner, effective immediately, except for the Cape Fear Community College Board of Trustees and moved the following motion forward. Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to be removed from all of Boards/Committees that he represents as a Commissioner,with the exception of the Cape Fear Community College Board of Trustees, and that Commissioner Brian Berger is appointed to these Boards/Committees in the short-term. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Catlin voted in opposition. Commissioner Berger received appointment to the following Boards/Committees: • Cape Fear Public Utility Authority • Legion Sports Complex Commission • Ten Year Plan to End Homelessness • Wilmington Business Development NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,NOVEMBER 13,2012 PAGE 529 ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 7:03 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not 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 Couno)Libraries and on innr.nhcgov.com HC'Live or innr.nhcgov.com pyges.BOCas py