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2013-09-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 694 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 3, 2013, at 6:05 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. Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schuh. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Chairman White led the audience in a moment of silence 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. County Manager Chris Coudriet noted that Consent Agenda Item 6 — Adoption of a Resolution Authorizing Entering into Agreements to Extend UNCW Police Territorial Jurisdiction has been continued at the request of Sheriff McMahon. Hearing no further comments, Chairman White requested a motion to approve Consent Agenda Items 1-5 and 7-9 as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve Consent Agenda Items 1-5 and 7-9 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from Regular Meeting held on August 19, 2013 as presented by the Clerk to the Board. Adoption of Proclamation Declaring September 19,2013 as Pink Heals Day in New Hanover County—County Manager The Commissioners adopted the proclamation declaring September 19, 2013 as Pink Heals Day in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XXXVI,Page 15.1. Adoption of Resolution Approving the Purchase a Caterpillar 826H Compactor from Gregory Poole Equipment Company—Environmental Management The Commissioners, pursuant to North Carolina General Statute 143-129(e)(6), adopted the resolution approving the purchase of a Caterpillar 826H Compactor from Gregory Poole Equipment Company in the amount of $533,698 as a sole source vendor utilizing the National Joint Powers Association discount. The new equipment will replace an existing unit damaged by fire with the fiords being allocated from the Environmental Management's Administrative Reseive fund. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 15.2. Approval of Cape Fear Public Utility Authority Marquis Hills/Heritage Park Interlocal Agreement and Adoption of Capital Project Ordinance—Finance Department The Commissioners approved the Cape Fear Public Utility Authority Marquis Hills/Heritage Park Interlocal Agreement and adopted the related Capital Project Ordinance. The total cost of the project is in the amount of$16,962,184 with the Cape Fear Public Utility Authority contributing $4,264,000 through engineering design work and overall project contribution. The County will be responsible for funding the remaining costs of the project. A copy of the interlocal agreement is available for review in the Legal Department. A copy of the capital project ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 15.3. Approval of Cape Fear Museum's Request to Offer$1 Discount off General Adult Admission through AAA— Cape Fear Museum The Commissioners approved Cape Fear Museum's request to offer members of the American Automobile Association, Canadian Automobile Association, international motor clubs licensed by AAA that have the ARC SYC! or AAA SYC&S mark on the membership card and to members who present the temporaiv International SYC&S Discount Card$1.00 off general adult admission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 695 Approval 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 July 2013: New Hanover Count-ti-Fire District New Hanover Comit-V Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 15.4. Approval of New Hanover County Board of Education General Fund Budget Amendment #1 — Budget Department The Commissioners approved New Hanover County Board of Education General Fund Budget Amendment #1 which records the carryover of outstanding purchase orders in several departments, balances in special project fiords allocated to Operations and Facility Planning,and the remaining K-8 Online Science Textbook budget. A copy of the New Hanover County Board of Education General Fund Budget Amendment#1 is available for review in the Budget Department. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-010—Senior Resource Center 14-011—General Fund Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 15.5. REGULAR AGENDA ITEMS OF BUSINESS ADOPTION OF LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY IN NEW HANOVER COUNTY PROCLAMATION Chairman White presented the request for the Board's consideration to adopt the proclamation recognizing September 2013 as Literacy Awareness Month and September 8, 2013 as International Literacy Day in Nero Hanover County. Cape Fear Literacy Council Executive Director Linda Lytvinenko was present to receive the proclamation. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation recognizing September 2013 as Literacy Awareness Month and declaring September 8, 2013 as International Literacy Day 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 15.6. ADOPTION OF RECOVERY MONTH IN NEW HANOVER COUNTY PROCLAMATION Vice-Chair Dawson presented the request for the Board's consideration to adopt the proclamation recognizing September 2013 as Recovery Month in New Hanover County. CoastalCare Area Director Foster Norman was present to receive the proclamation. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation recognizing September 2013 as Recovery 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 15.7. PUBLIC HEARING AND APPROVAL TO AMEND SECTION 71-1(9)AND ADD 112-7 TO THE ZONING ORDINANCE TO PROVIDE CLARIFICATION AS TO WHEN STAFF MAY REVIEW ADMINISTRATIVELY A MINOR MODIFICATION FOR AN APPROVED SPECIAL USE PERMIT OR REZONING(A-412,05/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Senior Zoning Compliance Official Ken Vafier presented the request by staff to amend Section 71-1(9)and add Section 112-7 to the zoning ordinance to provide clarification as to when staff may review administratively a minor modification for an approved special use permit or rezoning. The following changes/additions are being proposed: Section 71: Special Use Permits Issued by the Board of County Commissioners 71-1: General Requirements (9) The original applicant(s), their successors or their assignee may make minor changes in the location NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 696 and/or size of structures provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Plaiming and Inspections Department and upon favorable recommendation by the Planning and Inspections Director may be approved by the Zoning Administrator. Such approval shall not be granted should the proposed revisions cause or contribute to: (A) A change in the character of the development. (B) A change of design for,or an increase in the hazards to pedestrian and vehicle traffic circulation,or (C) A modification in the originally approved setbacks from roads and/or property lines exceeding ten percent. Section 112-7: Administrative Review (1)Minor changes made to an approved Conditional Zoning District, Conditional Use District,Exceptional Design Zoning District, Planned Development District, or Riverfront Mixed Use District shall be considered in the same manner as that used for Special Use Permits as set forth in Section 71-1(9). (2) Any request for a change to an approved Conditional Zoning District, Conditional Use District, Exceptional Design Zoning District, Planned Development District, or Riverfront Mixed Use District that does not qualify as a minor change under the provisions of Section 71-1(9) of the Zoning Ordinance shall be submitted as a new zoning map amendment application. The Planning Board,at their May 2,2013 meeting voted 6-0 to recommend approval of the text amendment with no one from the public speaking on this item. Chairman White reported that no one had signed up to speak in favor of or in opposition to the request, closed the Public Hearing,and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to amend Section 71-1(9) and add section 112-7 to the New Hanover County Zoning Ordinance finding that the request is 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the test amendment to the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 15.8. PHASE I PRESENTATION REGARDING EVALUATION OF THE CURRENT COUNTYWIDE SOLID WASTE AND RECYCLING PROGRAMS Environmental Management Director Joe Suleyman provided an overview of the Phase I evaluation that was conducted of the current countywide solid waste and recycling program that included the evaluation of waste management strategies, technologies and processes and introduced CDM Smith Principal Enviromnental Engineer Martin Sanford. Mr. Sanford presented the following highlights from the Phase I evaluation report: • Options for consideration: • Waste disposal: • Continue County owned and operated landfill facility, or • Transfer all or a portion of waste out-of-county • Expand recycling and waste diversion programs: • Expand the provision of curbside recycling and yard waste collection in the unincorporated areas • Develop a recyclable transfer station or mini-materials recovery facility(MRF) • Future expansion of construction and demolition(C&D)recycling operations • Supplemental strategies to enhance program: • Minimize or eliminate WASTEC costs • Feasibility of landfill gas beneficial use • Increase public education and outreach • Waste Disposal Options: • Advantages: • Continued Disposal at County-Operated Landfill: • Often the lower cost option compared to transferring waste • Maintains control over waste disposal and long-term costs • Maintains finding support for recycling,HHW, and other non-disposal programs • Environmental stewardship—handling waste created by County • Utilize a Privately Developed&Operated Transfer Station: • Maximizes operating life of County landfill • Capital expenditures and fixture liabilities delayed • Eliminates waste``flow control'concerns • Disadvantages: • Continued Disposal at County-Operated Landfill: • Landfill airspace exhausted earlier • Assume risk of variability in waste disposal tons NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 697 • Utilize a Privately Developed&Operated Transfer Station: • Often,not the least cost option • Minimum landfill operations required to keep operating permit • Long-term contract can limit flexibility to take advantage of ftiture waste conversion opportunities • Funding and level of seivice standards for recycling,HHW, and other non-disposal programs will require ftirther evaluation • Expansion of recycling and waste diversion programs: • Curbside collection for trash,recycling,yard waste,and bulky waste: • Enforcement of mandator-residential seivice ordinance, or • Evaluation of an unincorporated franchise system with 3 or 4 private haulers • Mandatory commercial recycling: • Targets fiber(cardboard and paper)and plastic materials • Broader access to the recycling processing market: • Develop regional recyclable transfer station/MRF • Consolidate recyclable material generated in the County • Supplemental strategies: • Investigate feasibility of mechanically stabilized earthen(MSE)walls • Evaluate adequacy of yard waste and composting facilities • Increase C&D recycling and diversion: • Ordinance with focus on marketable materials such as concrete, clean wood • Future expansion of C&D recycling operations at the landfill • Grow recycling within county schools and govermnent buildings • Updates to the Solid Waste Management Ordinance • Phase I approach: • Review existing solid waste program • Review existing solid waste financials • Potential challenges identified: • Closure and post-closure fimding levels • Eliminating WASTEC risk management costs • Variability in waste disposal tons • Availability of unincorporated collection seivices • Increasing C&D recycling and division • Increasing capacity for processing recyclables • Public/Stakeholder input • High-level review of solid waste management tools • Management tools screened • Phase II Work: • Receive the Board's input on policy and strategic goals for the ftiture of solid waste management • Develop a Strategic Plan based on the Board's direction • Plan will include: • Strategic framework on how the County will manage solid waste and recyclable material • Performance goals and benclnnarks • Potential financial impacts • Potential fee structures • General implementation timelines The Board held a question and answer period concerning the report with direction to staff to include the cost estimates on reftrrbishing and/or demolishing WASTEC in the information presented to the Board at their September 16,2013 meeting. A complete copy of the Power Point presentation is available for review in the Environmental Management Department or on the County's website. BREAK Chairman White called for a break at 7:27 p.m.until 7:41 p.m. PRESENTATION AND COUNTY MANAGER RECOMMENDATION FOR HEALTH AND HUMAN SERVICES ORGANIZATION AND GOVERNANCE County Manager Chris Coudriet introduced study group members that were in attendance and provided an overview of North Carolina General Assembly House Bill 438 which gave county commissioners additional options for organizing and governing county human services agencies. A fourteen member multi-disciplinary Health & Human Services Study Group was assembled to assist staff with the analysis and identifying critical information needed and potential evaluation criteria with four potential business models being evaluated. The following four options were evaluated: • Stand-alone Health and Social Services Departments: • Continue with status quo • Board of County Commissioners assumes the powers and duties of the board NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 698 • Single Consolidated Human Sei ices Agency(CHSA): • Independent Consolidated Human Sei ices Board • Board of County Commissioners assumes the powers and duties of the Consolidated Human Sei ices Agency board The study group recommendation is as follows: • Functional Collaboration Model: • Two independent agencies with employees subject to State Persormel Act • Two independent boards, cross-staffed with same board members • Regular joint meetings/joint plaiming/joint coordination,etc. (staff and board) • All three entities (Health, DSS and Board of County Commissioners)would sign a Memorandum of Understanding to grant operational oversight to County Administration; boards retain all rule and policy making and advisory fimctions • Consolidation of back-office and support fimctions; on-going evaluation and removal of other organizational silos and structural barriers County Manager Chris Coudriet presented his recommendation as follows: • Adopt the specific study group recommendations where possible and honor intent where direct application is not possible • Per the UNC School of Govermnent,the study's group Memorandum of Understanding approach is not allowed bi-the North Carolina General Statutes • Maintain independent subject matter expert boards,with cross membership,that retain policy and rule making roles • County administration assumes operational oversight • Evaluate removal of other organizational silos and structural barriers to improve sei ice, communication,outcomes and efficiency • Given statutory limitations this can only be accomplished by consolidation with an independent CHSA board • Suggested timeline if Board approves recommendation: • Near term(0-3 months)—monthly joint directors/county administration meetings,joint Board of Health/SSB meetings at least twice a year: consolidation and relocation of back office fimctions • Short term (3 - 12 months) — single multi-agency/multi-year strategic plan and implementation team: consolidation of support sei ices fimctions: cross-appointments BOH/SSB as vacancies allow • Long term (12 - 36 months) — stakeholder team to analyze sei ice delivery and co-location of sei ices: team develops implementation plan, space plan, and IT assessment: conduct consolidation plan risk assessment (external); and reclassify new Human Sei ices Plarmer/Frogram Evaluator • Next steps—October 7, 2013 formally seek Board's approval of proposed recommendation, adopt a policy of consolidation and begin a deliberate, phased-in implementation process to create a CHSA with an independent CHSA board and formalize CHSA action in longer-term window In response to Board questions, County Manager Chris Coudriet reported that there is a lot of administrative work that needs to be done to build a delivery system that is ready to operate and maximizes potential. Between the two agencies, there are over 450 employees administering ninety programs which will need to be reviewed to make decisions concerning redundancy and the best way to consolidate. The Board held a brief question and answer period concerning the recommendation and the timeframe for a decision to be made. In response to Board questions, County Manager Chris Coudriet reported that this subject has been under review for well over six months. The study committee reached consensus in support of the recommendation presented. The timeframe can be adjusted at the direction of the Board. The review of existing programs will undergo a strategic plan review during this process with cost-contaimnent, short-term and long-term, being a priority. A copy of the Health and Human Sei ices Study Group Report is available for review in the County Manager's Office. CONSIDERATION OF BUDGET WORK SESSION ON OCTOBER 17,2013 Chairman White suggested, with Board consensus, that this item be circulated via email for the Board's consideration of holding a budget work session sometime in late October or early November. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White armounced that no one has signed up to present an item that was not listed on the regular agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 3,2013 PAGE 699 ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 8:23 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