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2013-01-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 557 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, Januaiv 22, 2013, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Woody White: Vice-Chair Beth Dawson: Commissioner Jonathan Barfield, Jr.:and Commissioner Thomas Wolfe. Commissioner Brian M. Berger arrived at 10:14 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 A. McLaughlin, St. Jude Metropolitan Community Church, provided the invocation and Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, 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 Agenda Review Meeting held on Januaiv 3, 2013 and Regular Meeting held on Januaiv 7,2013 as presented by the Clerk to the Board. Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Glemibum Court located within the Addenbury Subdivision in New Hanover County in New Hanover County(Division File No. 1188-N)to the state road system. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 2.1. Adoption of Resolution Accepting Donation of Equipment from Firehouse Subs Public Safety Foundation and Budget Ordinance Amendment 13-134—Fire Services The Commissioners adopted the resolution accepting donation of a Hurst E-draulic Vehicle Extrication SC 350 E Combi Package and a Hurst R411 E Ram Package valued at a not-to-exceed amount of $15,457 from Firehouse Subs Public Safety Foundation and Budget Ordinance Amendment 13-134. The equipment will assist in extricating individuals from vehicles when dealing with accidents and allow inter-operations with the City of Wilmington Fire Department. A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 2.2. Appointment of Finance Director Liza Wurtzbacher to the New Hanover County Fire Rescue Firefighters Relief Fund Board of Trustees—Fire Services The Commissioners, pursuant to North Carolina General Statutes 58-84-30, appointed Finance Director Lisa Wurtzbacher to the New Hanover County Fire Rescue Firefighters Relief Fund Board of Trustees. The North Carolina Department of Insurance administers the North Carolina Fire Department Relief Fund Program. Fire Departments receive one-half of one percent of Fire Insurance premiums collected in their area. A local board of trustees provides oversight of the Benevolent Fund. Authorization to Submit a Grant Application to the National Endowment for the Arts Big Read Program— Cape Fear Museum The Commissioners authorized the Cape Fear Museum to submit a grant application to the National Endowment for the Arts Big Read Program in the amount of$20,000. If awarded, the fiords will be used to further awareness and community involvement in the Smithsonian Traveling exhibit,Mail Call, scheduled for Veterans Day weekend 2013 through mid-Februaiv 2014. The required match of 1:1 will be met primarily with in-kind salaries, venues, and free-press with the remaining matching fiords met from private sources and/or participating organizations. No additional staff will be required. A copy of the grant application is available for review at the Cape Fear Museum. Adoption of Resolution Declaring a School Bus as Surplus Property and Approving the Donation of the School Bus to New Hanover County Schools—Finance Department The Commissioners adopted the resolution declaring a 2006 Ford E350 Super Duty Bus, vehicle identification number 1FDWE35P660DA21032, as surplus property and approved the donation of the said school bus to New Hanover Countti- Schools. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 558 A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 2.3. Authorization to Submit a Grant Application to the Cape Fear Memorial Foundation — Senior Resource Center The Commissioners authorized the Senior Resource Center to submit a grant application to the Cape Fear Memorial Foundation in the amount of$10,000. If awarded, the fiords will be used to support the Drag Assistance Program. No local match is required. A copy of the grant application is available for review at the Senior Resource Department. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2013: 13-137- Sheriffs Office 2013-43 Sheriffs Office Copies of the budget ordinance amendments and capital project ordinances are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 2.4. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY ALCOHOL BEVERAGE CONTROL CONTRIBUTION FOR SCHOOL SECURITY Commissioner Wolfe presented fiords in the amount of$100,000 from the New Hanover County Alcohol Beverage Control Board. The fiords will be used for school security. PRESENTATION OF NEW HANOVER COUNTY SERVICE RETIREMENT AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive retirement awards: Patricia Moore—Property Management with 27 Years of Sei ice Mike Winebar—Risk Management with 24 Years of Sei ice On behalf of the Board, Chairman White presented a retirement 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: Jason Augst—Sheriffs Office Michael Bloom—Parks/Gardens Christopher Coudriet—County Manager Maria Standfest—Health Department Alice Tyler—Department of Social Sei ices Ten Year: Mandy Hancock—Department of Social Sei ices Joe Phelps—Information Technology Rich Richardson—Information Technology Fifteen Year: Audrev Curtin—Sheriffs Office Mary Thompson—Department of Social Sei ices Tivent-v Year: Tomniv Gradv—Sheriffs Office On behalf of the Board, Chairman White 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 the following new employees to stand and be introduced: Anthony-Godwin—Communit-v Justice Sei ices Phillip Ivins—Sheriffs Office Timothy Keegan—Sheriff s Office Scott Leonard—Sheriffs Office Robert McCracken—Sheriffs Office Anthony-McNeil—Sheriffs Office Carol Hughley—Register of Deeds Shakeem Stephens—Sheriffs Office Angus Trott—Sheriffs Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 559 On behalf of the Board, Chairman White welcomed the employees to County Government and wished them success in their new positions. ADOPTION OF RESOLUTION OF APPRECIATION FOR THE COLLECTIVE EFFORT TO PLACE SECURITY OFFICERS IN ALL OF NEW HANOVER COUNTY ELEMENTARY SCHOOLS THROUGH THE CURRENT SCHOOL YEAR Chairman White read the resolution into the record expressing appreciation to Sheriff McMahon, the City Council of Wilmington,the Town Council of Carolina Beach, the Town Council of Wrightsville Beach and the New Hanover County Board of Education for their partnership with New Hanover County to provide security to New Hanover Comit-v Elementaiv Schools. Chairman White requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the resolution of appreciation for the collective effort to place security officers in all of New Hanover County's elementary schools through the current year. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 2.5. NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS ANNUAL UPDATE New Hanover County Board of Examiners of Electricians Chairman James R. Shivar, Jr. presented the amoral update to the Board highlighting the following: • Current members: • Dale Sutton—Employee of Progress Energy(Local Power Company) • Eddie Richard —Electrical Contractor selected by the New Hanover County Division of the N.C. Association of Electrical Contractors • Charles Harrell—Electrical Contractor Member appointed 10/17/11,term Expires 9/1/13 • Michael Pulley—Electrical Contractor Member appointed 10/17/11,term Expires 9/1/13 • Functions of the Board: • The Board establishes minimum journeyman experience requirements and standards. • Reviews exam applications. • Reviews examinations taken. • Issues Certificates of Competence to qualified Journeyman Electricians upon their passing the required examination. • A total of fifteen applicants took the examination from December 2011—December 2012. • Ten of these applicants passed the examination with at least a minimum passing score of 76 or better and Certificates of Competence were issued by the Board to these applicants. Hearing no ftirther comments,on behalf of the Board, Chairman White thanked Mr. Shivar for the update. NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS ANNUAL UPDATE New Hanover County Board of Mechanical Examiners Chairman Bruce Polity presented the annual update to the Board highlighting the following: • The purpose is to regulate mechanical work done in the County. • To issue certificates to all persons who: 1)provide satisfactory evidence to the Board regarding their training and education: 2)pass an examination administered by the Board:and 3)provide evidence of rivo years of experience in their perspective fields. • In the past year,250 participants have gone through the program. Hearing no ftirther comments,on behalf of the Board, Chairman White thanked Mr.Polity for the update. NEW HANOVER COUNTY PLUMBING BOARD OF EXAMINERS ANNUAL UPDATE New Hanover County Plumbing Board of Examiners Chairman Ernest Duarte presented the annual update to the Board highlighting the plumbing code is a valid and important aspect of New Hanover County with high standards for the issuance of the journeyman card. In the past year, thirty-three participants took the test with twenty-five passing. Hearing no ftirther comments,on behalf of the Board, Chairman White thanked Mr.Duarte for the update. APPROVAL OF REQUEST BY ENVIRONMENTAL MANAGEMENT DIRECTOR JOE SULEYMAN, ON BEHALF OF NEW HANOVER COUNTY, FOR A SPECIAL USE PERMIT TO EXPAND THE LANDFILL ON TO ADJACENT PROPERTIES LOCATED AT 5200 AND 5210 US HIGHWAY 421 NORTH IN AN I-2 HEAVY INDUSTRIAL DISTRICT(5-611,12/12) Chairman White requested staff make the presentation. Senior Planner Shawn Ralston reported that Environmental Management Director Joe Suleyman, on behalf of New Hanover County, has requested a Special Use Permit to expand the New Hanover County Landfill onto NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 560 adjacent properties which are located at 5200 and 5210 US Highway 421 North totaling 276.85 acres and presented a slide overview of the request. • The parcels are located within an I-2 Heavy Industrial District and owned by the County. • The proposed expansion will include the construction of nine disposal cells totaling approximately 90 acres,an office, maintenance area and citizen's drop-off/recycling area. • The parcels are classified as Natural Heritage Resource Protection, Conseivation and Transition according to the 2006 CAMA Land Use Plan. • A Traffic Impact Analysis (TIA) was not required since the use is not estimated to generate more than 100 trips during any peak hour period on the surrounding roadways. Since the project will provide fixture waste disposal from existing sources new traffic will not be generated by the proposed expansion and impacts will not be significantly different from that which is already being experienced. Staff concludes that the proposal meets the requirements of the Ordinance and that all findings are positive recommending the following conditions are included with approval: • The applicant will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcels and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected:and • The applicant will consult with the North Carolina Plant Conseivation Program to determine the best mitigation strategy for the subject parcels;and • The Avo parcels are combined to alleviate potential issues with the required 50' setback. The Planning Board at their December 6, 2012 meeting voted 5-0 to recommend approval subject to the conditions recommended by staff. Chairman White opened the Public Hearing and 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 Joe Suleyman Dave Weaver Ed Hilton Rob Zapple Roger Sheiv Chairman White invited the Petitioner to make comments. The Petitioner, Enviromnental Management Director Joe Suleyman on behalf of New Hanover County, provided an overview of the request highlighting the following: • Of the 276.85 acres included in the rezoning request, ninety acres are proposed for waste disposal into nine adjacent cells. The entire nine-acre area is above the 100-year flood plain and all cell designs exceed Federal requirements and meet stringent design standards intended to protect human health and the environment. • Approximately 115 acres of natural wetland will be set aside. • Remaining disposal site capacity is approximately five years. • The site has operated without any impact to ground or surface water since 1981 and has an award winning natural wetland system that is designed to treat leachate naturally treating up to 60,000 gallons of leachate a day that is then used on some of the closed cells as a low-grade fertilizer. • Future proposed uses of both the southern and northern properties include an environmental education center, a park with walking and biking trails, and wildlife observation points to include protection of the xeric sandhill scrub habitat areas. • Sustainabilit-v efforts include: • Landfill Gas to Energy(LFGTE)Projects. • Compliance with much stricter wastewater discharge limits for heavy metals. Staff is currently working on how to deal with new limits in advance ways. • Alternative energy technologies. • Working in partnership with other agencies to protect, conserve and restore. In response to questions, Director Suleyman stated that this is the permitting process for all nine cells. In terms of years of life staff is taking into account the nine waste disposal cells (90 acres), the overlay/inifill areas that somewhat fill in the valley and some existing areas on the northern side. When combining these Avo areas, there is approximately 45 years of life of waste disposal capacity. Staff attempts to take an average as the number of years is dependent on waste volume deliveries that fluctuate greatly from year to year. Height requirements are taken into NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 561 account into the years of life. The height of each cell will be dependent on what is approved by the North Carolina Department of Environment and Natural Resources (NCDENR)based on the final engineering plan; the limit on the northern property elevation is 170 feet. In response to Board questions concerning expansion costs, Director Suleyman reported that the total cost to expand the landfill on the southern property of ninety acres would be approximately $300,000 for engineering design studies and approximately another $300,000, per acre for cell construction. The total cost is approximately $27 million. To date, external expenditures are approximately $500,000 not including staff time for offsite third party consultant fees, legal representation, etc. The cost to reftrrbish the Sustainable Energy Facility is approximately$32.6 million,for Phase 1 retrofit,resulting in an estimated 100 years of landfill life. Chairman White asked if anyone from the public wished to speak in favor of, or in opposition, to the request. Rob Zapple, 321 Honeycutt Drive, spoke in favor of the proposed expansion and special use permit request but voiced his concern about the landfill leaking into the Cape Fear River. He encouraged the Board to approve a comprehensive solid waste plan for the County that includes recycling and removal of all hazardous waste materials from the waste stream as well as an adequate air collection system. Roger Sheiv, 4910 Park Avenue, spoke in favor of favor of the request and encouraged the Board to institute a comprehensive recycling plan. Commissioner Barfield encouraged the Board to approve the request and make the tough decisions about the County's solid waste stating that a collaborative effort with the City of Wilmington on a recycling program is a positive option. The requested landfill expansion is just a part of the need to extend landfill life. The Covanta contract needs to be brought back to the Board for consideration and decision, sooner rather than later. Commissioner Berger offered comments encouraging a comprehensive recycling program stating that he would like to see the Board investigate all options for handling solid waste. In response to Board questions, Director Suleyman reported that in the near ftrture a permanent hazardous household waste collection site would be open six days a week. In reference to the gas collection system, another study will need to be conducted as the current study is no longer valid as it was done when there was a great deal of ash from the incinerator being placed into the cells. Ash does not generate the level of methane gas that household garbage does and due to the shift towards a larger quantity of household garbage going into cells there is much more methane gas. The study will show what is being generated, the type of system that will work best, the best kind of partnership to enter into, the most appropriate type of financial arrangement, and how the system will need to be built. For the northern property, staff will have the ability to go back in after the fact to install the appropriate gas collection system. It does cost more to go back after the fact,but both systems can be tied in together to make sure it is an effective sN-stem. In response to additional questions on finding, Director Suleyman stated the intention and goal of the department is to be completely self-supporting going forward. The Environmental Management Enterprise Fund had a balance last year and is projected to have a healthy balance this year with the proposed budget designed to ensure steady growth and includes budgeting for items such as heavy equipment truck and container purchases and any ftrture Board direction,without having to use bonds or other means of financing. Chairman White commented that the three new Board members are ready to address the issue of the County's solid waste but that the issue is complex and the future plan needs to be undertaken in a methodical way. He stated that he believes the right way to approach it is to instruct staff to again, either with outside or inside help, or both, educate the Board on items such as the emerging technologies of mining and technologies of potential ftrture regulation of methane gas collection. He stated he has been working at the Wilmington City Council and City Manager levels about how to partner with them in recycling efforts and through such efforts save taxpayer dollars immediately while increasing recycling and lessening the density in the landfill. The option of mining may provide credits for the density while increasing the life of landfill. Other communities are using this approach as burning trash has proven not to be the way to go. Today's process for the special use permit request allows the Board to take responsible steps forward and also allows time to plan without reacting and raising the tip fees to$91. Hearing no ftrrther comments, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to approve the request by Environmental Management Director Joe Suleyman for a Special Use Permit to expand the New Hanover County Landfill onto adjacent properties located at 5200 and 5210 US Highway 421 North based on the evidence presented and concluding that the findings of facts have been substantiated with the following conditions: • The applicant will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcels and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. • The applicant will consult with the North Carolina Plant Conseivation Program to determine the best mitigation strategy for the subject parcels. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 562 • The Avo parcels are combined to alleviate potential issues with the required 50' setback. Vice-Chair Dawson offered the following substitute motion. Substitute motion: Vice-Chair Dawson MOVED, to approve the request by Environmental Management Director Joe Suleyman for a Special Use Permit to expand the New Hanover County Landfill onto adjacent properties located at 5200 and 5210 US Highway 421 North based on the evidence presented and concluding that the findings of facts have been substantiated with the following conditions: • The applicant will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcels and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. • The applicant will consult with the North Carolina Plant Conseivation Program to determine the best mitigation strategy for the subject parcels. • The Avo parcels are combined to alleviate potential issues with the required 50' setback. • Staff is directed to move foiNvard in obtaining a comprehensive solid waste management plan to investigate all options for Board consideration. After ftarther brief discussion concerning the need to vote on the request as presented, Vice-Chair Dawson withdrew the substitute motion and Chairman White called for a vote on the motion. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to approve the request by Environmental Management Director Joe Suleyman for a Special Use Permit to expand the New Hanover County Landfill onto adjacent properties located at 5200 and 5210 US Highway 421 North based on the evidence presented and concluding that the findings of facts have been substantiated with the following conditions: • The applicant will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcels and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. • The applicant will consult with the North Carolina Plant Conseivation Program to determine the best mitigation strategy for the subject parcels. • The Avo parcels are combined to alleviate potential issues with the required 50' setback. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chair Dawson then offered the following motion. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to direct staff to move forward in obtaining a comprehensive solid waste management plan for Board consideration. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 46. BREAK Chairman White called for a break from 10:53 a.m.until 11:12 a.m. APPROVAL OF RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE NORTH CAROLINA CLEAN WATER MANAGEMENT TRUST FUND TO ELIMINATE FAILING SEPTIC SYSTEMS IN MARQUIS HILLS AND HERITAGE PARK COMMUNITIES Planning Manager Shawn Ralston presented the request for the Board's consideration to adopt the resolution authorizing a grant application to the North Carolina Clean Water Management Trust Fund to eliminate failing septic systems in Marquis Hills and Heritage Park communities highlighting the following information: • The problem in Heritage Park: • 283 total parcels • 252 residential parcels(54 are undeveloped parcels) • 31 commercial parcels(20 are undeveloped parcels) • 67 failures, of the 67 failures, 8 were 211d failures and 4 were 3rd failures • The problem in Marquis Hills: • 697 parcels • 677 residential parcels(31 are undeveloped parcels) • 20 commercial parcels(9 are undeveloped parcels) • 342 failures, of the 342 failures, 48 were 211d failures and 6 were 3rd failures • Two known houses are uninhabitable because new septic systems cannot be installed at this time • Motts Creek Water Quality: • FY 2011-2012 • All samples exceeded State/EPA enterococcus standard of 500 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 563 • Samples ranged from 550-26,000 with average of 3800 • The solution for Heritage Park: • $5,725,729.00 project cost • Install pump station and gravity sewer system • County responsibility: pay for entire system to cleanouts • Property owner responsibility: pay System Development Charge and plumbing cost($5000) • The solution for Marquis Hills: • $11,237,502.63 project cost • Install gravity sewer system • County responsibility: pay for entire system to cleanouts • Property owner responsibility: pay System Development Charge and plumbing cost($5000) • Total County project cost: $16,963,231.63 • Property Owner Cost: $5000 per parcel • Total County project cost does not include property owner responsibility • Heritage Park is second on Cape Fear Public Utility Authority(CFPUA) Project List • Marquis Hills is first on CFPUA Project List • CFPUA Board is supportive of these projects • Clean Water State Revolving Loan for Heritage Park: • Terms: 20 year debt at 2%(NC State Revolving Funds Loan) • Principal: $5,725,729.00 • Interest: $1,033,494.09 • Principal and Interest: $6,759,223.09 • Armual Debt SeivIce: $337,961.16 • Clean Water State Revolving Loan for Marquis Hills: • Terms: 20 year debt at 2%(NC State Revolving Funds Loan) • 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 and Interest: $20,025,094.94 • Total Annual Debt SeivIce: $1,001,254.75 • Clean Water Trust Fund Grant: • Not to exceed $1 million per calendar year • Can apply three years for up to$3 million • Grant finds received will be used to offset the total amount borrowed with the loan • Match dollar for dollar with loan • Timeline: • August 2012—Board authorized loan application • November 2012—State awarded loan;engineering reports generated • Februaiv 1,2013—Grant application due to Clean Water Management Trust Fund • Febrnarti- 12 and 13,2013—community meetings • Februaiv 18,2013—Board considers interlocal agreement with CFPUA • March 2013 —design work begins • October 2013—Clean Water Management Trust Fund awards grants • December 2013—construction drawings due to state • Spring 2014—construction begins • Spring 2016—expected completion date for Heritage Park project • Winter 2016—expected completion date for Marquis Hills project At this time, staff is requesting permission,by way of a resolution of support, to submit a grant application to the N.C. Clean Water Management Trust Fund. Submission of the grant application to the N.C. Clean Water Management Trust Fund does not commit the County to proceed with the project: the Board will be requested to consider and approve proceeding with the projects at the Februaiv 18, 2013 meeting when an interlocal agreement with the CFPUA will be presented for consideration. In response to Board questions concerning the proposed resolution, Ms. Ralston reported that adoption of the resolution does not commit the Board to the projects but authorizes staff to submit the grant application. In response to Board questions concerning debt capacity Finance Director Lisa Wurtzbacher reported the County has significant capacity available above the mandatory 8% limit. The scheduled budget work session will provide more in-depth information. In response to Board questions, Cape Fear Public Utility Authority Engineer Frank Styers reported that the two proposed projects are currently not included in the capital improvement plan but they will work with the County once the request is formally received. Once the Authority Board has approved moving forward with the projects and the interlocal agreement is signed, the Authority will initiate a Request for Proposal process to move the projects forward. After discussion,hearing no firther comments, Chairman White requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 564 Motion: Commissioner Barfield MOVED, SECONDED by Chairman White, to adopt the resolution authorizing submission of a grant application to the North Carolina Clean Water Management Trust Fund to assist with funding to eliminate failing septic systems in Marquis Hills and Heritage Park communities as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 2.6. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 5310 GRANT FUND Senior Resources Manager Ben Brow presented for the Board's consideration the request to submit a grant application to the North Carolina Department of Transportation 5310 Grant Fund in the amount of$250,000. If awarded, funds will be used for transportation for the elderly and disabled for medical and general uses such as shopping trips. The county has received this grant rivice before and have been able to provide thousands of trips to medical appointments as well as general transportation for seniors in New Hanover County. The required 10% match has been identified in the budget. After discussion,hearing no further comments, Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Berger, to authorize the Senior Resource Center to submit a grant application to the North Carolina Department of Transportation 5310 Grant Fund in the amount of$250,000 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager Chris Coudriet confirmed that a public hearing is required by the North Carolina Department of Transportation to accompany this grant application and will be scheduled for the Board's February 18,2013 meeting. A copy of the grant application is available for review in the Senior Resource Department and a copy of the grant application resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI, Page 2.7. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA PARKS AND RECREATION TRUST FUND FOR GRANT MONIES TO EXPAND CASTLE HAYNE PARK Parks and Gardens Director Tara Duckworth presented the request for the Board's consideration to authorize the Parks and Gardens Department to submit a grant application to the North Carolina Parks and Recreation Trust Fund in the amount of$300,000. If awarded, the funds will be used to expand Castle Hayne Park, re-locating the entrance road and adding passive recreational enhancements. The required match of dollar for dollar will be allocated from unspent Parks Bonds dollars. In response to Board questions, Finance Director Lisa Wurtzbacher reported that currently a balance of approximately$6.2 million remains allocated but unspent in the Parks Bonds fiord. After discussion,hearing no further comments, Chairman White requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to authorize the Parks and Gardens Department to submit a grant application to the North Carolina Parks and Recreation Trust Fund in the amount of$300,000 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review in the Parks and Gardens Department. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE CAPE FEAR MEMORIAL FOUNDATION FOR RENOVATIONS OF FACILITIES FOR NEW HANOVER COUNTY HEALTH DEPARTMENT Health Director David Rice presented the request for the Board's consideration to authorize the Health Department to submit a grant application to the Cape Fear Memorial Foundation in the amount $300,000. If awarded, the funds will be used to purchase fumiture and equipment for the renovated Coastal Care building which will relocate clinic sei ices, laboratory sei ices, nutrition sei ices, pharmacy, customer care and billing sei ices to allow a more effective delivery of sei ices. Renovation of these facilities for use by the Health Department, together with renovation of the existing Health Department building, is highly desirable. No new County positions will be created. The total cost for this project is in the amount of$2,485,250. After discussion,hearing no further comments, Chairman White requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to authorize the Health Department to submit a grant application to the Cape Fear Memorial Foundation in the amount $300,000 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the grant application is available for review in the Health Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 565 CONTINUATION OF PRESENTATION OF PROGRAMMING CHANGE FOR NEW HANOVER COUNTY TELEVISION Chairman White reported that the presentation of programming change for New Hanover County Television would be presented at a fixture meeting. CONSIDERATION AND CONSENSUS OF ITEMS FOR 2013—2014 LEGISLATIVE AGENDA County Manager Chris Coudriet presented the following information concerning goals for the 2013-2014 Legislative Agenda: • Legislative items for recommendation: • Annexation of non-contiguous areas • Beach,inlet and waterway maintenance fimding • Register of Deeds bows liens • Billboard vegetation • Mental Health fimding • Department of Social Sei ices enforcement of adult care homes • Continued dialogue regarding HB819: Sea Level Rise • Contingency contracts • After meeting with the majority of the Commissioners, items for consideration for submission to the NHC legislative delegation include: • Shoreline stabilization,waterway maintenance fimding • Coastal insurance • Continued dialogue regarding House Bill 819; Sea Level Rise • Long-range plaimiing and partnerships with North Carolina Department of Transportation • Drug Treatment Court fimding; 50150 proposal • Amend administrative hearings laws as it relates to personnel(General Statute 150B, Article 3) • School-needs fiurding • Tax reform • Economic development After brief discussion and hearing no firrther comments, Chairman White reported that the Board has come to consensus on the 2013-2014 items to be submitted to the New Hanover County legislative delegation as presented. PRESENTATION ON HEALTH AND HUMAN SERVICES AGENCY ORGANIZATION AND GOVERNANCE AND APPROVAL TO MOVE FORWARD WITH STUDY GROUP AND RECOMMENDED MEMBERS Strategy and Policy Manager Beth Schrader reported that with the passage of Session Law 2012-126 (also known as House Bill 438), the General Assembly enacted legislation that provides counties with an expanded list of options for how they deliver and govern some human sei ices programs highlighting the following information: • As a result of the new legislation the Board of County Commissioners may assume powers and duties of certain boards: • Create a consolidated human sei ices agency • Note: No specific combination of agencies is required • Health, social sei ices, and other count-v human sei ices • Take both actions • Do nothing/stay as is • Assuming powers and duties of boards,authority extends to: • Count-v Board of Health • Count-v Board of Social Sei ices • Consolidated Human Sei ices Board • Other fiurctions acting under and pursuant to Board of County Commissioners' authority • Four options to be evaluated: stand-alone Health and Social Sei ices Departments or Single Consolidated Human Sei ices Agency(CHSA). • Status Quo: • Two departments/agencies • Governed by two independent boards • Agency directors appointed by the independent boards • Employees of agencies are county employees • Employees are subject to State Personnel Act • Board of County Commissioners assumes powers and duties of boards: • Two departments/agencies • Governed by Board of Count-v Commissioners • Board of County Commissioners must also appoint a proscribed advisory committee • Agency directors appointed by Board of County Commissioners • Employees of agencies are county employees • Employees are subject to State Personnel Act • Independent Consolidated Human Sei ices Board: • Single agency NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 566 • Governed by a single independent board appointed by the Board of County Commissioners • Consolidated Human Sei ices director appointed and supervised by County Manager with advice and consent of Consolidated Human Sei ices Board • Employees are county employees • County may elect to keep or remove employees from State Personnel Act • Board of County Commissioners assumes power and duties of Consolidated Human Sei ices Agency Board: • Single agency • Governed bi-Board of Comit-v Commissioners • Board of County Commissioners acquires powers and duties only for consolidated agencies • Board of County Commissioners must appoint a proscribed advisory committee • Consolidated Human Sei ices director appointed and supervised by County Manager • Employees are county employees • County may elect to keep or remove employees from State Personnel Act • Recommendation: • Study group to assist with analysis comprised of: • Board Representatives(one each from Health and Department of Social Sei ices) • Department of Social Sei ices and Health Department Directors • UNCW(Dean of School of Health and Human Sei ices) • New Hanover Regional Medical Center • Coastal Care(NHC local representative) • New Hanover Comit-v Schools • Outside Agency(End User) • Administration(Finder/Sclrader) • A recommendation and Board of County Commissioners work session is projected for mid-June 2013. Commissioner Barfield requested that in the study of this issue staff collect information from other County Boards that have chosen to consolidate and their reasons for doing so. Chairman White and Vice-Chair Dawson presented comments that the study needs to be thorough and complete and is not time-sensitive. Hearing no firrther comments Chairman White moved the following motion. Motion: Chairman White MOVED, SECONDED by Vice-Chair Dawson to approve the recommended study group and suggested member categories as presented. Substitute Motion: Commissioner Berger MOVED to approve the recommendation of a study group as presented with the removal of specific names listed under the categories of*'UNCW" and *'Administration." The MOTION FAILED DUE TO LACK OF A SECOND. Chairman White called for a vote on the motion. Motion: Chairman White MOVED, SECONDED by Vice-Chair Dawson, to approve the recommended study group and suggested member categories as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. APPROVAL OF REVISIONS TO CHAPTER 44, SOLID WASTE OF THE NEW HANOVER COUNTY CODE OF ORDINANCES Environmental Management Director Joe Suleyman reported that as part of an ongoing effort to update and clarify ordinances related to solid waste, staff recommends the following revisions to Chapter 44, Solid Waste to address three specific areas as highlighted: 1. Over the past few years, there have been a number of significant changes to the North Carolina General Statutes that pertain to Landfills (G.S. § 130A). More specifically, the General Assembly has incorporated new definitions and expanded the list of items that are expressly banned from landfill disposal. The proposed modifications will update the existing Ordinances and bring them into alignment with the General Statutes. 2. From time to time, the County receives requests to waive tipping fees for certain organizations. The process has been largely informal, without clearly defined consistent criteria governing eligibility. Some of the organizations that have historically received tipping fee waivers include: the Azalea Festival, the County Fair, the Airlie Foundation, various NHC Departments, (i.e. Sheriffs Office, Property Management, and Community Development Block Grant Projects) Habitat for Humanity, Goodwill, Salvation Army, Cape Fear Gospel Mission,and Clean Community. Given that the Environmental Management Fund is an Enterprise fiord, staff recommends that three types of organizations/activities be eligible for waived tip fees: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 567 a) New Hanover County Departments and New Hanover County Public Schools. The Environmental Management Fund is cross-charged annually for indirect costs. The cross charge will be reduced by the actual dollar value of waived tip fees. b) NC DOT Adopt-a-Highway(e.g. orange bag)clean-up activities that pick up litter along roads and highways within the County and other similar community clean-up activities for parks, green spaces, beaches, waterways, or similar public open spaces in New Hanover County. These programs perform a valuable sei ice that eliminates unsightly reftrse from NHC public spaces and helps protect our environment and water quality. c) Non-profit organizations that collect clothing, ftrniture or other items of personal property on a year-round basis, and then sell or distribute the property (e.g. Goodwill, Salvation Army, Cape Fear Gospel Mission, Habitat for Humanity). These organizations reuse items that would otherwise go to the landfill, saving valuable landfill airspace. If adopted as proposed, for-profit entities (e.g. County Fair, various festivals) and other non-profits would not be exempted (including some organizations that have previously been granted waivers such as the Azalea Festival). The changes do not prohibit/prevent a non-qualifying organization from approaching the Board of County Commissioners to request an exemption. Annual Tip Fee Exemptions: • NHC Departments -$16,084 • Salvation Arnnv-$12,343 • NHCS -$2,400 • Cape Fear Gospel Mission-$7,113 • Clean Communitti--$7,331 • Habitat for Humanity--$8,595 • Goodwill-$27,049 3. Defining a tip fee formula when accepting atypical waste. From time to time, the Landfill receives requests to take atypical waste that will have increased handling costs(requires special site preparation or rental of equipment) or atypical waste that has a beneficial use (and thus would warrant a lower tipping fee). The fee schedule has been included in Appendix B: however, the only rate changes are the four for atypical waste. In response to Board questions, Director Suleyman explained the uses that are atypical include items such as a boat and a truckload of mattresses. These cases only happen five to six times a year and consume additional staff time and cause airspace concerns. On average, $6,000-$7,000 is waived in fees each month. In response to Board questions about notification to organizations on the change in the tip fee waiver process, Director Suleyman confirmed that the organizations would be notified in a timely manner. Those affected organizations will have the opportunity to request an exemption to the waiver directly from the Board. After brief discussion and hearing no fti Cher comments, Chairman White requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt the revisions to the New Hanover County Code of Ordinances, Chapter 44, Solid Waste, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending Chapter 44, Solid Waste, of the New Hanover County Code of Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI, Page 2.8 and will be codified into the New Hanover County Code of Ordinances. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Museum Advisory Board Chairman White reported that one vacancy exists on the Cape Fear Museum Advisory Board with five applications available for consideration and requested nominations from the Board. Vice-Chair Dawson nominated William H. Terrell for appointment. The nomination was seconded by Commissioner Barfield. Hearing no ftrrther nominations, Chairman White closed the nominations and called for a vote on the nomination. Vote Results: The Board voted UNANIMOUSLY to appoint William H. Terrell to seine a three-year term on the Cape Fear Museum Advismy Board with the term to expire on June 30,2016. Appointments to the Plumbing Board of Examiners Chairman White reported that Avo vacancies exist on the Plumbing Board of Examiners with one applicant eligible for reappointment and one new application available for consideration and requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JANUARY 22,2013 PAGE 568 Chairman White nominated Ernest Duarte for reappointment. The nomination was seconded by Vice-Chair Dawson. Commissioner Wolfe nominated Thomas L. Crittenden for appointment. The nomination was seconded by Vice-Chair Dawson. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Ernest Duarte and appoint Thomas L. Crittenden to seine three-year terms on the Plumbing Board of Examiners with the terms to expire on December 1,2015. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. Jimmy Pierce, Kids Making It, Inc. presented an oveiview of the program highlighting that the goal of the program is to instill in the participants a good work ethic and entrepreneurship and to encourage them to stay in school and graduate and to go on to acquire jobs or attend college. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 12:52 p.m. Respectfirlly submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com H('Live or innr.nhcgov.com )ages.B0('%aspy