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2013-04-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 8,2013 PAGE 595 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 8, 2013, at 6:00 p.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. Chairman White reported that Commissioner Brian M. Berger arrived at 6:10 p.m. noting that according to records it was his riventy-fourth time to be tardy to a regular board meeting. 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 Richard G. Elliott, St. Andrew's On-the-Sound Episcopal Church, provided the invocation and Vice-Chair Dawson 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. Hearing no comments, Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, 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 March 7, 2013 and Regular Meeting held on March 11,2013 as presented by the Clerk to the Board. Adoption of a Resolution Supporting the Nomination of the Honorable James D. Healey to the National Freight Advisory Committee—Governing Body The Commissioners adopted the resolution supporting the nomination of the DuPage County Commissioner James D. Healey to the National Freight Advisory Committee. The Secretary of Transportation will appoint 25 members to the newly established committee. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.1. Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Thai's Trail and Wayneridge Court located within the Bayshore Crossing Subdivision in New Hanover County(Division File No. 1191-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 5.2. Acknowledgement of General Release and Indemnity Agreement in the case of Gladwyn Taft Russ, III — Legal Department The Commissioners acknowledged the General Release and Indemnity Agreement in the case of Gladwyn Taft Russ, III. On behalf of New Hanover Count-ti-, the North Carolina Association of Count-ti- Commissioners Liability & Property Pool settled a claim on Febnraiv 15, 2013 in the amount of $80,000 regarding an incident surrounding the arrest of Gladwy7r Taft Russ, III on November 15,2008. A copy of the General Release and Indemnity Agreement is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.3. Authorization to Implement a Fatherhood Support Program through Title IV-D Incentive Funds — Department of Social Services The Commissioners authorized the Department of Social Sei ices to implement a Fatherhood Support Program using Title IV-D incentive payments in the amount of$97,917. The Federal Administration for Children and Families agreed to the use of the funds. No local match is required: contracted staff will be used with no new full time equivalents. Approval to Waive Landfill Tipping Fees for the 2013 North Carolina Azalea Festival — Environmental Management The Commissioners approved waiving the Landfill tipping fees for the 2013 North Carolina Azalea Festival event being held on April 10-14, 2013. The event is estimated to generate ten tons of waste, resulting in the wavier of approximately$590 in tip fee revenues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 8,2013 PAGE 596 Adoption of Resolution to Dispose of Surplus Property—Finance Department The Commissioners, pursuant to North Carolina General Statute Chapter 160A-Article 12, adopted the resolution approving the disposal of surplus property. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.4. Adoption of Resolution Authorizing the Repair,Restoration,and Rebinding of Register of Deeds Index Books —Register of Deeds The Commissioners, at the request of the Register of Deeds, adopted the resolution authorizing the repair, restoration,and rebinding of Register of Deeds Index Books. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.5. Approval of New Hanover County Register of Deeds Records Retention and Disposition Schedule—Register of Deeds The Commissioners, at the request of the Register of Deeds, approved the records retention and disposition schedule as published by the Department of Cultural Resources,Division of Archives and Records. A copy of the schedule is available for review on the New Hanover County Register of Deeds departmental website. 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 February 28, 2013: New Hanover Count-ti-Fire District New Hanover CountV Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXVI,Page 5.6. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2013: 13-171 - Social Sei ices 13-180-Health 13-175 - Sheriffs Office 2013-61 - Sheriffs Office 2013-62 - Sheriffs Office 2013-63 -Finance Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page5.7. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2013 AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER COUNTY Department of Social Sei ices Manager Kari Sanders presented the request for the Board's consideration to adopt the proclamation declaring the month of April 2013 as Child Abuse Prevention Month in New Hanover County and was present to receive the proclamation. Vice-Chair Dawson read the proclamation into the record and moved for adoption. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation declaring the month of April 2013 as Child Abuse Prevention Month in New Hanover County as presented. 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 XXXVI,Page 5.8. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2013 AS SEXUAL ASSAULT ACTIVLSMMONTH IN NEW HANOVER COUNTY Coastal Horizons Center, Inc. Rape Crisis Center Director Julie Ozier presented the request for the Board's consideration to adopt the proclamation declaring the month of April 2013 as Sexual Assault Activism Month in New Hanover County and was present to receive the proclamation. Commissioner Wolfe read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 8,2013 PAGE 597 Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to adopt the proclamation declaring the month of April 2013 as Sexual Assault Activism Month in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.9. ADOPTION OF RESOLUTION REQUESTING THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET TO RECONSIDER THE RE-DESIGNATION OF BRUNSWICK COUNTY OUT OF THE WILMINGTON/NEW HANOVER COUNTY METROPOLITAN STATISTICAL AREA INTO THE MYRTLE BEACH/HORRY COUNTY METROPOLITAN STATISTICAL AREA County Manager Chris Coudriet presented the request for the Board's consideration to adopt the resolution requesting the Federal Office of Management and Budget to reconsider the re-designation of Brunswick County out of the Wilmington/New Hanover County Metropolitan Statistical Area into the Myrtle Beach/Horry County Metropolitan Statistical Area (MSA). Oak Island and Southport were considered neutral in the designation process and were put in Horny County, which subsequently led to the placement of Leland and Brunswick County into the Horny County Metropolitan Statistical Area. The path for re-designation is not clear but it is known that it will take assistance from our legislators at both Federal and State level. The re-designation could cause negative impacts for economic development for the Wilmington/New Hanover County MSA as well as for Bnursivick County and hinder regional planning efforts. A similar resolution was adopted by the Brunswick County Board of Commissioners at their April 1, 2013 meeting and by the City of Wilmington Council at their April 2,2013 meeting. Commissioner Barfield read the resolution into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to adopt the resolution requesting the Federal Office of Management and Budget to reconsider the re-designation of Brunswick County out of the Wilmington/New Hanover County Metropolitan Statistical Area into the Myrtle Beach/Horry County Metropolitan Statistical Area as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.10. COMMENTS BY CITY OF WILMINGTON MAYOR BILL SAFFO City of Wilmington Mayor Bill Saffo thanked City of Wilmington Manager Sterling Cheatham and County Manager Chris Coudriet for meeting to discuss areas of possible consolidation and collaboration. He requested a meeting between the rivo governing bodies be set in the near fixture to further discuss areas of potential partnerships and consolidation,as well as areas where sei ices can be streamlined,and collaboration on economic development. ADOPTION OF CAPITAL PROJECT ORDINANCE AND BUDGET ORDINANCE AMENDMENT 2013- 59 AUTHORIZING THE CLOSURE OF THE NORTHERN PROPERTY LOCATED AT THE LANDFILL Environmental Management Director Joe Suleyman presented the request for the Board's consideration to adopt the Capital Project Ordinance and Budget Ordinance Amendment 2013-59 for the closure of the northern property located at the Landfill. As required by Federal law 40CFR Part 258, Subpart F, landfill cells must be closed within 180 days of reaching capacity reducing the volume of leachate at the site,which would otherwise have a negative enviromnental impact and result in increased treatment costs. The northern property of the landfill includes a total of 63.5 acres covering the re-closure of Cells 2 West,2 East, 3A and 313, and the closure of Cells 4A, 413, 5A, 513, 6A, 613, 6C, 61), and 6E. Design and engineering sei ices are required to plan for the closure of each cell. Rather than stretch this engineering design work over a 10- 12 year period in a piecemeal approach, staff have determined it would be much more cost-effective to accelerate the engineering/design portion of the project in one task order estimated to cost $762,000. This approach is estimated to save$1,083,111 in engineering/design costs over the life of the project. The Environmental Management Enterprise Fund currently has $250,000 included for engineering/design sei ices in the adopted budget for FY12-13. The Budget Ordinance Amendment transfers the $250,000 from the Environmental Management Enterprise Fund into the Capital Project Fund for this project. The remaining$512,000 has been included in the requested Environmental Management Enterprise Fund budget for FY13-14. The engineering/design sei ices will be required regardless of the direction given for fixture landfill operations due to the need to eventual1v close all cells. The actual closure of these cells will take place over an estimated 10-12 year period. Under current conditions, it is estimated that partial closure of Cells 5B and 6A, covering 7.5 acres, will require an estimated $1,766,072 to be budgeted in FY14-15,and the partial closure of the west side of the northern property(Cell 6D and Cell 6E)will require an estimated $2,298,666 to be budgeted in FY16-17. In response to Board questions, Mr. Suleyman reported that on the northern property cells 1-6, involving about 80 acres,is included in the scope of work. Hearing no further comments, Chairman White requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 8,2013 PAGE 598 Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt the Capital Project Ordinance and Budget Ordinance Amendment 2013-59 for the closure of the northern property located at the Landfill as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the capital project ordinance and budget ordinance amendment are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXVI,Page 5.11. PUBLIC HEARING AND APPROVAL OF REQUEST BY DAVID EDMONDS, ON BEHALF OF ACQUISITION HOLDINGS,LLC, TO REZONE THE FIRST 300 FEET LOCATED AT 6339 CAROLINA BEACH ROAD FROM CD(B-2) CONDITIONAL HIGHWAY BUSINESS AND R-15 RESIDENTIAL DISTRICT TO O&I OFFICE AND INSTITUTIONAL DISTRICT(Z-924,03/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Plaruring and Inspections Director Chris O'Keefe presented the request by David Edmonds, on behalf of Acquisition Holdings, LLC, to rezone 4.12 acres located at 6339 Carolina Beach Road from CD(B-2), Conditional Highway Business and R-15, Residential District to O&I Office and Institutional District. The subject property is located approximately 200' north of the Golden Road/Carolina Beach Road intersection. The 4.12 acre pie-shape parcel has direct access fronting along Carolina Beach Road (330'). One structure constructed in 1981 is located on the subject property. The structure at one time housed a church but currently is vacant. The subject property is located within the Wilmington/New Hanover County Comprehensive Greemvay Plan. The site is classified as Transition according to the 2006 CAMA Land Use Plan. At the Planning Board's meeting on March 7, 2013, they voted 6-1 to recommend that the CD(B-2)portion of the property be rezoned to R-15, Residential so that the entire parcel is zoned R-15. The Board was uncomfortable recommending a straight rezoning to 0&1 due to the lack of predictability of the fixture uses on the property and recommended that the petitioner withdraw the application and resubmit with a Conditional District Rezoning which would require a site plan and information about the proposed use. The petitioner was not amenable to this recommendation because of the resultant time delay that would ensue from withdrawing and resubmitting the application. As a result, the Board and petitioner reached consensus with zoning the entire parcel to R-15, Residential. One adjacent property owner expressed concerns about the additional traffic resulting from a more intensive use, the number of traffic accidents at the intersection of Carolina Beach Road and Golden Road, and the preference for a conditional district rezoning to provide predictability about the fixture use of the property. Plaruring staff recommends that the first 300 feet of the property located from the right-of-way of Carolina Beach Road be rezoned from CD(B-2) and R-15 to 0&1 District. This recommendation leaves the rear portion of the proposed property R-15 and provides a uniform zoning district with adjoining properties. Chairman White invited the Petitioner to make comments. Steve Shuttleivorth, the Petitioner on behalf of Acquisitions Holdings,LLC, confirmed that they agree with staffs recommendation and the depth of commercial district be held to a depth of approximately 300 feet: he also confirmed that they wish to proceed with the request. In response to Board questions, Mr. O'Keefe reported that the intended use for the property is for a Montessori school. Due to the approved uses allowed by-right in the O&I District an additional 100 foot buffer is not necessaiv. In response to Board questions,Mr. O'Keefe confirmed that there are more uses allowed by-right in the B- 2 District that generate more traffic than allowed by-right in the 0&1 District. Chairman White noted that no one had signed up to speak in opposition to the request closing the Public Hearing and requesting direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve the request by David Edmonds, on behalf of Acquisition Holdings, LLC, to rezone the first 300 feet of the property located from the right-of-way of Carolina Beach Road from CD(B-2)and R-15 to 0&1 finding that the request is: 1) consistent with the purposes and intent of the Transition classification in the 2006 CAMA Land Use Plan; and 2)reasonable and in the public interest to rezone the first 300' of the subject 4.12 acres of CD (B-2) Highway Business and R-15 Residential to O&L Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 April 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book 1, Section 4,Page 93. SPECIAL BOARD OF EQUALIZATION AND REVIEW APPOINTMENTS Appointments and Naming of Chairman to the 2013 Special Board of Equalization and Review Chairman White reported that five vacancies of Regular Members and rivo vacancies of Alternate Members need to be filled on the Special Board of Equalization and Review with three applicants eligible for reappointment and five new applications having been received and requested direction from the Board. The Board also is charged with appointing the Chairman. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 8,2013 PAGE 599 Commissioner Wolfe nominated John R. Babb and Bob Drach for reappointment and James G. Brumit, Richard Murray and Nancy Pritchett for appointment in the Regular Member categmy and Charles E. Davis and Craig Stewart in the Alternate Member categmy and appoint John R. Babb as Chairman. The nominations were seconded bi-Vice-Chair Dawson. Commissioner Barfield stated that he agrees with the nominations as presented but suggested that with Mr. Davis' experience,he should be appointed in the Regular Member categmy. After brief discussion, Commissioner Wolfe and Vice-Chair Dawson amended their motion to reflect that change. Amended Motion: Commissioner Wolfe nominated John R. Babb and Bob Drach for reappointment and Charles E. Davis, Richard Murray and Nancy Pritchett for appointment in the Regular Member categmy and James G. Brumit and Craig Stewart in the Alternate Member category and appoint John R. Babb as Chairman. The nominations were seconded bi-Vice-Chair Dawson. Vote: The Board voted UNANIMOUSLY to reappoint John R. Babb and Bob Drach, appoint Charles E. Davis, Richard Murray and Nancy Pritchett in the Regular Member category and James G. Brumit and Craig Stewart in the Alternate Member category and appoint John R. Babb as Chairman to seine one-year terms on the Special Board of Equalization and Review with the terms expiring at the conclusion of the 2013 tax appeals. PUBLIC COMMENTS ON NON-AGENDA ITEMS AND ADDITIONAL AGENDA ITEM Chairman White announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. Ricky Meeks, resident on Caswell Street, requested the Board consider installing a sidewalk from Murray--ille Road to the Food Lion grocery store in North Chase and a crosswalk in front of Trask Middle School across the street. He also encouraged Commissioner Berger to take a leave of absence for three months, not resign but take a break,talk to his family, go see a doctor and get some help, so the people's business can proceed. Commissioner Berger addressed the request by Mr. Meeks to take a leave of absence. Chairman White invited Commissioner Berger to bring forward proof of the allegations he has made that Federal and State laws were being violated. Commissioner Barfield left the meeting at 7:40 p.m. Vice-Chair Dawson, quoting from the New Hanover County Board of County Commissioners Ethics Resolution which was adopted by the Board in December 2010, stated that Commissioners are bound to the highest ethical standards with the citizens looking to the Board for leadership, and with Commissioner Berger having fallen short of that standard, she offered the following motion. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to direct County staff to prepare for the Board's April 22, 2013 Commissioners meeting a public censure of Brian Berger and to proceed with the necessary documents to initiate an amotion proceeding. Upon vote, the MOTION CARRIED 3 TO 1. Chairman White, Vice-Chair Dawson, and Commissioner Wolfe voted in favor. Commissioner Berger voted in opposition. Commissioner Barfield was absent. A copy of the transcript of dialogue is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 5.12. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 7:55 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com HC'Live or innr.nhcgov.com pages.BOC%aspy