2012-12-13 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,DECEMBER 13,2012 PAGE 537
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review Meeting on Thursday,
December 13, 2012, at 4:00 p.m. in the Harrell Conference Room at the New Hanover County Government Center,
230 Government Center Drive, Wilmington,North Carolina.
Members present: Chairman Woody White: Vice-Chair Beth Dawson; Commissioner Jonathan Barfield,
Jr.:and Commissioner Brian M.Berger.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Sheila L. Schuh.
REVIEW AND DISCUSSION OF AGENDA ITEMS
Chairman White called the Agenda Review to order and announced that the purpose of the meeting is to
review and discuss the Board's December 17, 2012, Regular Session meeting agenda. The Board revielved the
following items:
Consent Agenda Item 1—Approval of Minutes.
Consent Agenda Item 2—Adoption of State Road Resolutions.
Consent Agenda Item 3—Approval of Settlement of Administrative Appeal. County Attorney Wanda
Copley provided an overview of the request highlighting that the Board is being requested to approve the settlement
of the administrative appeal of Jean McNeil,former Animal Control Director. In response to Board questions, Ms.
Copley reported that the settlement was in the amount of$120,000 with the County's contribution to the claim in the
form of the$25,000 deductible. The insurance company weighs the cost of litigation against the cost of settling and
is responsible for maldiig the determination. After discussion concerning recent legislation which allows counties
the flexibility to consolidate health and social sei ices under the County Manager, staff was directed to bring a
recommendation foiNvard for the Board's consideration.
Consent Agenda Item 4—Adoption of Resolution Awarding Solid Waste Engineering Services to SCS
Engineers,P.C. County Manager Chris Coudriet provided an overview of the request highlighting that the Board is
being requested to adopt the resolution awarding the contract for Solid Waste Engineering Sei ices to SCS
Engineers, P.C. and authorization for the County to negotiate and execute a contract for sei ices, the form of which
shall be approved by the County Attorney. SCS Engineers,P.C. currently seines as the engineer of record.
Consent Agenda Item 5 — Authorization to Submit a Grant Application to the North Carolina
Department of Environment and Natural Resources for Recycling of Products Containing Mercury.
Consent Agenda Item 6—Ratification of a Grant Application Submitted to the North Carolina
Communicable Disease Branch and HIV/STD Prevention Program.
Consent Agenda Item 7—Adoption of Budget Ordinance Amendments.
Regular Agenda Item 8 — Presentation of Service Awards to Retirees and Employees and New
Employee Introductions.
Regular Agenda Item 9—Presentation of a Resolution of Appreciation from the North Carolina Drug
Treatment Court Advisory Committee.
Regular Agenda Item 10—New Hanover County Library Advisory Board Annual Update.
Regular Agenda Item 11 — New Hanover County Risk Management Advisory Committee Annual
Update.
Regular Agenda Item 12—Presentation of the Audit Report for the Fiscal Year Ended June 30,2012.
Finance Director Lisa Wurtzbacher reported that Bryan Starnes, Audit Partner with Martin Starnes & Associates
will present the audit report for the year ended June 30,2012.
Regular Agenda Item 13—Consideration of Contract Approval for the Maintenance Dredging of the
Mason Inlet Relocation Project. County Manager Chris Coudriet presented the request for the Board's
consideration to approve the contract to Norfolk Dredging in the amount of $2,178,600 for the maintenance
dredging of the Mason Inlet relocation project and adopt Budget Ordinance Amendment 2013-40 transferring finds
from the Room Occupancy Tax Fund to the Mason Inlet Project Fund: the finds will be repaid through assessment
of the benefiting property owners. The actual contract amount was well under the budgeted amount.
Planning and Inspections Director Chris O'Keefe provided an overview of the following planning items:
Regular Agenda Item 14 — Public Hearing and Request by Staff to Amend "Section 112-6" of the
Zoning Ordinance to Clarify the Process for Obtaining a Formal Extension of an Approved Planning Action.
The proposed amendment establishes a process for requesting extensions on the expiration of valid site specific
development proposals. Currently each of our conditional style districts has no mechanism for granting an extension.
The proposal relies on a staff determination that site conditions have not changed and requires Commissioner
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,DECEMBER 13,2012 PAGE 538
approval when conditions have changed. At their November 1, 2012 meeting, the Planning Board voted 6-0 to
recommend approval of the text amendment.
Regular Agenda Item 15—Public Hearing and Request by Staff to Amend "Section 23: Definitions"
of the Zoning Ordinance to Clarify the Term Building and/or Structure. This amendment clarifies the
definition of Structures and Buildings in our zoning ordinance. The change allows for roof overhangs up to 2 feet to
be exempt from setback requirements. At their November 1, 2012 meeting, the Planning Board voted 6-0 to
recommend approval of the text amendment.
Regular Agenda Item 16—Public Hearing and Request by Staff to Amend "Section 69.11: Building
Setbacks" of the Zoning Ordinance to Clarify When Roof Overhangs are Used as the Reference Point to
Measure Building Setbacks. The proposed text amendment clarifies the building setback language and establishes
when the setback must be applied. The language also explains how to measure building setback in situations where
the roof overhang exceeds 2 feet. At their November 1, 2012 meeting, the Planning Board voted 6-0 to recommend
approval of the text amendment.
Regular Agenda Item 17—Public Hearing and Request by Staff to Add "Section 53.1"to the Zoning
Ordinance to Create a By-Right R-7: Medium Density District. Currently the zoning ordinance does not provide
a mechanism for medium density residential development as a by-right use. The R-7 zoning district fills this void.
The district is structured in a similar way as the County's other residential districts but it allows up to 6 units per acre
in areas where infrastructure to support the proposed density is in place. The proposed district may be appropriate
positioned as a transition between more intensively developed areas and lower density residential areas. At their
November 1, 2012 meeting,the Planning Board voted 6-0 to recommend approval of the amendment.
Regular Agenda Item 18— Consideration of Appointment of Commissioners to Various Community
and County Boards for 2013. Chairman White led the Board in the discussion of appointment of Commissioners
to various community and County boards for 2013 coming to consensus for each one. The appointment sheet will
be updated and disbursed to the Board in anticipation of Monday's vote.
Regular Agenda Item 19 — Committee Appointments. The Commissioners are being asked to make
appointments to the Cape Fear Public Transportation Authority, NHC Board of Health, NHC Nursing Home
Community Advisory Committee,and NHC Tourism Development Authority.
ADJOURNMENT
There being no further business, Chairman White adjourned the Agenda Review meeting at 5:00 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board