Agenda 2013 10-07 New Hanover County,
North Carolina
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October 7, 2013
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
"N 24 North Third Street, Room 301
Wilmington, NC
WOODY WHITE,CHAIRMAN-BETH DAWSON,VICE-CHAIR
' JONATHAN BARFIELD,JR.,COMMISSIONER-BRIAN M.BERGER,COMMISSIONER-THOMAS WOLFE,COMMISSIONER
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4 CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD
OCTOBER 7, 2013 6:00 P.M.
MEETING CALLED TO ORDER(Chairman Woody White)
NON-SECTARIAN INVOCATION (Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist
Church)
PLEDGE OF ALLEGIANCE(Commissioner Jonathan Barfield, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of Disability Awareness and Employment Month Proclamation
3. Adoption of Resolution of Support for Smart Start of New Hanover County to be
Designated to Receive Community Services Block Grant Act Funding
4. Approval of SafeLight Program Agreement between the City and the County
until August 31, 2014
5. Adoption of Fire Prevention Week Proclamation
6. Approval of a Fee Waiver for the 2013 Crop Hunger Walk
7. Adoption of a Resolution in Response to the Biggert -Waters Flood Insurance
Reform Act of 2012
8. Adoption of Clinical Research Week Proclamation
9. Approval of August 2013 Tax Collection Reports
10. Approval of Board of Education Budget Amendment
11. Adoption of Budget Amendments
REGULAR AGENDA ITEMS OF BUSINESS
12. Consideration of Domestic Violence Awareness Month Proclamation
13. Consideration of Cares Enough to Wear Pink Days Proclamation
14. Presentation of Cost Estimate for Deconstruction of the Wastec Facility, and
Request for Direction for Proceeding with Phase 11 of the Comprehensive Solid
Waste Management Plan
15. Public Hearing
Text Amendment(A-413, 9/13) -Request by Staff to Amend Sections 23, 50.2,
72-20, and 8 1-1 of the Zoning Ordinance Regarding Child Day Care Centers
16. Public Hearing
Text Amendment(A-414, 9/13) -Request by Staff to Amend Section 62.1-10 of
the Zoning Ordinance Street Yard Landscaping Regulations to Accommodate
Sidewalks and Multi-use Paths
17. A. Overview of Wave Route Costs
B. Consideration of Wave Loan Payback
Board of Commissioners Meeting
10/07/2013
PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
18. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
19. ADJOURN
Board of Commissioners Meeting
10/07/2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM:
DEPARTMENT: Governing Body PRESENTER(S): Chairman White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on September 12, 2013
Regular Meeting held on September 16, 2013
Special Meeting held on September 16, 2013
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
1 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): David Morrison, Chair, Cape Fear Disability
Commission
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Adoption of Disability Awareness and Employment Month Proclamation
BRIEF SUMMARY:
David Morrison is the Chair of the Cape Fear Disability Commission. He has submitted a proclamation to
recognize October 2013 as Disability Awareness and Employment Month in New Hanover County.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Disability Awareness Month Proclamation 2013
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
2 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DISABILITY AWARENESS AND EMPLOYMENT MONTH
PROCLAMATION
WHEREAS, more than one million people with disabilities have entered the labor force since the passage of the
Americans with Disabilities Act in 1990; and
WHEREAS, as taxpayers, consumers, and workers, people with disabilities are contributing to our society and to their
own fulfillment of the American dream; and
WHEREAS, new generations of young people with disabilities are growing up in Wilmington, NC and surrounding
counties,graduating from high school,going to college, and preparing to participate in the workplace; and
WHEREAS,job seekers with disabilities, regardless of age, are striving to attain economic independence through self-
sufficiency and gainful employment; and
WHEREAS,both students and job seekers with disabilities have the right to maximize their potential by making the most
of their intellect,talents, and abilities in an environment free of physical,programmatic, and attitudinal barriers; and
WHEREAS, employers from the private, governmental, and non-profit sectors may benefit from mentoring people with
disabilities as a way of learning about the experience of disability, developing lasting relationships with disability
community leaders, and recruiting new and emerging talent for meaningful internship and employment opportunities; and
WHEREAS, these efforts are made possible through a broad partnership with the American Association of People with
Disabilities and a dedicated local team of organizers from businesses, non-profit organizations, school districts, colleges
and universities,and government agencies.
NOW, THEREFORE,BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2013
be recognized as "Disability Awareness and Employment Month"in New Hanover County.
ADOPTED this the7th day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 3
DEPARTMENT: Budget PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S): Cam Grffin, Budget Director
SUBJECT:
Adoption of Resolution of Support for Smart Start of New Hanover County to be Designated to
Receive Community Services Block Grant Act Funding
BRIEF SUMMARY:
Smart Start of New Hanover County has requested the County support their application for Community
Service Block Grant Funds. Several community organizations have expressed interest in these funds, but
staff recommends Smart Start because of its operating history and alignment with the County's strategic plan.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public/private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Review and approve the resolution of support for Smart Start of New Hanover County's application for
Community Service Block Grant funding.
ATTACHMENTS:
Smart Start Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
3-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ENDORSEMENT OF SMART START OF NEW HANOVER COUNTY'S APPLICATION FOR
COMMUNITY SERVICES BLOCK GRANT FUNDS
WHEREAS, Smart Start of New Hanover County has been a leader in the provision of comprehensive,
innovative programming for young children and families; and
WHEREAS, Smart Start of New Hanover County's services impact low-income individuals' ability to become
self-sufficient through literacy and family support services, including support for high school completion; and
WHEREAS, Smart Start of New Hanover County strives to work inclusively and in collaboration with all
stakeholders; and
WHEREAS, Smart Start of New Hanover County, if awarded the designation, has the capacity to oversee the
Community Services Block Grant effectively and efficiently.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners support
Smart Start of New Hanover County to be designated to provide comprehensive services consistent with the
requirements of the Community Services Block Grant Act.
ADOPTED this the 7th day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
3- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 4
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT:
Approval of SafeLight Program Agreement between the City and the County until August 31,2014
BRIEF SUMMARY:
In August of 2009, the County entered into a contract with the City of Wilmington. The County agreed to
contribute $200,000 per year to help the City with the operating costs of the SafeLight Program. This
amendment extends the agreement until August 31, 2014.
New Hanover County schools receive approximately $800,000 a year from the program. This equates to 90%
of the amount of the civil penalties collected from the citations from the SafeLight Program, which are then
paid to the New Hanover County Board of Eduction.
Both the City and the County have included funding for the program in their FY13-14 budgets.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education,programs,and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the extension of the SafeLight Program agreement until August 31, 2014.
ATTACHMENTS:
City of Wilmington- SafeLight Renewal Contract
2009 Contract
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
4-0
New Hanover County Contract 910-0093A
STATE OF NORTH CAROLINA
AMENDMENT
COUNTY OF NEW HANOVER
THIS AMENDMENT made and entered into this day of 2013 by and
between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter
referred to "County"; and the CITY OF WILMINGTON, a North Carolina municipal corporation,
hereinafter referred to as "City."
WITNESSETH:
WHEREAS, on August 25, 2009, the parties entered into an Interlocal Agreement, New
Hanover County Contract 10-0093, to set forth the terms for County's financial support of a portion of
City's Red Light Camera Program ("Agreement"); and
WHEREAS, the parties hereto have mutually agreed to the terms of this Amendment as
hereinafter set out.
NOW, THEREFORE, in consideration of the premises and the promised covenants
contained in the terms and conditions heretofore set forth, the parties hereto amend the Agreement
as provided below.
1. Section 4, "Duration" is amended to add the follows:
This Agreement shall be renewed on September 1, 2013 for an additional twelve-month
period, and unless sooner terminated as provided herein, shall continue through August
31, 2014.
2. Ongoing Effect. Except as specifically above amended, the original Agreement shall
remain unaltered and in full force and effect.
IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be executed in
duplicate originals by their duly authorized officials, the day and year first written above.
NEW HANOVER COUNTY
(SEAL)
Woody White, Chairman
ATTEST:
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Board of Commissioners Meeting
10/07/2013
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New Hanover County Contract 910-0093A
Sheila L. Schult, Clerk
CITY OF WILMINGTON
(SEAL)
Bill Saffo, Mayor
ATTEST:
City Clerk
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
County Finance Director County Attorney
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
City Finance Director City Attorney
NORTH CAROLINA
NEW HANOVER COUNTY
I, a Notary Public of the State and County
aforesaid, certify that Sheila Schult personally came before me this day and acknowledged that she is
Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as
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New Hanover County Contract 910-0093A
the act of the Board, the foregoing instrument was signed in its name by its Chairman, Woody White,
sealed with its official seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of 2013.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for the State and County aforesaid,
certify that Penelope Spicer-Sidbury personally came before me this day and acknowledged that she
is City Clerk for the City of Wilmington, North Carolina, and that by authority duly given and as the act
of the City Council of the City of Wilmington, the foregoing instrument was signed in its name by its
Mayor, Bill Saffo, sealed with its corporate seal and attested by herself as its Clerk.
Witness my hand and official seal, this the day of 2013.
Notary Public
My Commission Expires:
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New Hanover County Contract#10-0093
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF WILMINGTON AND NEW HANOVER COUNTY
THIS AGREEMENT, made and entered into this the
day of ? 2009, by and between the City
of Wilmington, a North Carolina municipal corporation
("City"') and New Hanover County, a political subdivision of
the State of North Carolina ("County• ) .
W I T N E S S E T H:
WHEREAS, pursuant to G. S . 160A-300 . 1, the City has
installed a traffic control photographic system to
photograph vehicles running red lights at certain
intersections in the City ("Red Light Camera Program") ; and
WHEREAS, the City' s Red Light Camera Program has been
effective in reducing vehicle accidents at intersections
with a resulting reduction in property damage and bodily
injury; and
WHEREAS, the Red Light Camera Program has been
effective in reducing the demand for law enforcement,
public safety and emergency medical resources; and
WHEREAS, pursuant to G. S . 115C-437, ninety percent
(90%) of the amount of civil penalties collected from
citations issued under the Red Light Camera Program is paid
to the New Hanover County Board of Education; and
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WHEREAS, the equipment utilized in the Red .Light
Camera Program needs to be updated to ensure the effective
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continued operation of the Program; and
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WHEREAS, the County has agreed to pay a portion of the
cost of the Red Light Camera Program because of the
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benefits to the public; and I'
WHEREAS, the County is authorized by G. S. 153A--212 to
cooperate with other local governments in law enforcement if
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matters as permitted by G. S. Chapter 160A, Article 20, Part
NOW, THEREFORE, in consideration of the foregoing and >
the mutual benefits inuring to the parties hereto, it is
hereby understood and agreed as follows :
I
1 . Purpose of Agreement . The purpose of this
Agreement is to set forth the terms for the
County' s financial support of a portion of the
costs of the Red Light Camera Program.
2 . City' s Operation of Red Light Camera Program.
During the term of this Agreement, the City shall
operate the Red Light Camera Program at
intersections in the City that the City
determines are appropriate for red light camera
enforcement . The City shall operate the Red
Light Camera Program in accordance with the
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New Hanover County Cont t #10-0093
requirements of G. S . 160A-300. 1 applicable to the
City. The City also shall pay proceeds from
civil penalties collected under the Program to
the New Hanover County Board of Education in
accordance with G. S . 1150-437 .
3. Financial Support for the Program. Annually
during the term of this Agreement, County agrees
to pay to the City fifty percent (50%) of the net
costs of the Red Light Camera Program up to the
total amount of $200, 000 per ) ar. The City
shall pay the remaining costs of the program.
The City shall invoice the County by the 15t" day
of each month for the County' s share of the
Program costs during the prior month, an. the
County shall pay its share of the Program costs
to the City within thirty (30) days after the
date of the invoice.
4 . Duration. This Agreement shall become -fective
on July 1, 2009, and unless sooner terminated as
provided herein, shall extend for a term of three
years . Afte the initial term, the Agreement may
be extended up to two additional years by mutua
agreement of the City and County. Any renewal or
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New Hanover County Contract#t10-0093
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extension of this Agreement shall be approved in
writing by the City and County.
5. Termination. If either party fails to keep and
L,
perform each and all of the covenants contained
herein, then and in that event, the other party
i
after notifying the non-conforming party not less
than thirty (30) days in advance and upon the
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failure of the other party to comply with such,
the non-breaching party may at its option either
i
terminate the Agreement or maintain an action in
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a court of competent jurisdiction for damages,
specific performance, or injunctive relief.
6. Amendment of Agreement . This Agreement may be
amended or modified upon mutual agreement of the
respective parties, provided that any such
i
amendment shall be reduced to writing and signed
by both parties .
I
7 . Non-Assignability. The rights and duties under
this Agreement shall not be assigned by any of
the parties without the written consent of the
other.
8 . Entire Agreement . This Agreement constitutes the
entire understanding of the parties .
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New Hanover County Contract#10-0003
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9. Binding Effect . This Agreement shall be binding s
upon the heirs, successors, assigns, agents,
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officials, employees, independent contractors, t
and subcontractors of the parties .
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10 . Continuing Obligation. The parties will make and
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execute all further instruments and documents ?
required to carry out the purposes and intent of
this Agreement .
i
1 . Reference . Use of the masculine herein includes
the feminine and neuter; singular includes
i.
plural; and captions and headings are inserted
for convenience of reference and do not define,
describe, extend or limit the scope of intent of
the Agreement.
12 . Interpretation. All of the terms and conditions
contained herein shall be interpreted in
accordance with the laws of the State of North
Carolina. In the event of a conflict between the
various terms and conditions contained herein or
between these terms and other applicable
provisions, then the more particular shall
prevail over the general and the more stringent
or higher standard shall prevail over the less
stringent or lower standard.
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13 . Immunity Not waived.
This Agreement is governmental in nature, for the
benefit of the public, and is not intended to be
for private profit or gain. Neither party
intends to waive its sovereign immunity by reason
of this Agreement.
i
14 . Savings Clause. If any section, subsection,
paragraph, sentence, clause, phrase or portion of
I�
this agreement is for any reason held invalid,
unlawful or unconstitutional by any court of
i
competent jurisdiction, such portion shall. be
1
deemed severable and such holding shall not t
i
affect the validity of the remaining portions
a
hereof.
i
IN WITNESS WHEREOF, the City has caused this Agreement
to be duly executed in its name and behalf and the County
has caused this Agreement to be duly executed in its name
i
and behalf all pursuant to resolutions of their respective
governing bodies .
CITY OF WILMINGTON
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yor
ATTEST
City le }
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New Hanover County Contract#10-0093
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APPROVED AS to FORM
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City Attorne
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This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal Control
Act , this the __LrZ> day of s 2009 .
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Debra H. Mack
Finance Director
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Project No. OBTR10
Account No. 21-0000- 0 ID
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Amount of Contract
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NEW xANOVER COUNTY
By-
Chairman
bus
ATTEST:
E"4t-e'
Clerk
APPROVE AS TO FORM:
County Attorney
Board of e 6ssibno�M6bting
10/07/2013
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" New Hanover County Contract 10-0093
c
This instrument has been preaudited in the manner
required by the Local Government Budget and Fiscal Control
Act this the _p_b day of AL1.q Ar,+ 2009
County Finance Director
II
STATE OF NORTH CAROLINA
r
COUNTY OF NEW HANOVER
I, the undersigned Notary Public, do hereby certify
that Penelope Spicer--Sidbury personally appeared before me,
and who being duly sworn, says that she knows the common
seal of the City of Wilmington and is acquainted with Bill
Saffo, Mayor, of the City of Wilmington, and that Penelope
Spicer-Sidbury is Clerk of the City of Wilmington and saw
the said Bill Saffo, Mayor, of the City of Wilmington, sign
the foregoing instrument, and saw the common seal of said t
City of Wilmington affixed to said instrument by said Mayor
that she, the said Penelope Spicer-Sidbury, Clerk as
aforesaid, signed her name in attestation of the due
i
execution of said. instrument in the presence of said Mayor
of the City of Wilmington. I certify that Penelope Spicer--
Sidbury personally appeared before me this day and I have
personal knowledge of the identity of Penelope Spicer-
Sidbury.
Witness my hand and notarial seal, this the day
of , 2009 .
My Commi ssion 4...t.:
N §ary Public
5 �w (iffmt'oul#j
,• �� . .
' r nted Name
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Board of Commissioners M eting
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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I the undersigned Notary Public, do hereby certify
t h a t- Jq�jrOL_ � - personally appeared before me,
and w o being duly sworn, says that she knows the common ?
sea of t bounty of New Hanover and is acquainted with
, Chairman, of the Board of
Co mmissihe o ers, and that is 4r of
the New Hanover County and saw the said �SI(ko
Chairman, of the Board of Commissioners, sign the foregoing
instrument, and saw the common seal of said Board affixed
7
to aid instrument by id Chairman that she, the said
{ � ��. , as aforesaid, signed her name
in attestation of the due execution of said instrument in
the presence of said Chairman ohe Board of
Commissioners . I certify that Ji^ ez (' personally
appeared before me this day and have personal knowledge
of the identity of ' .s�c ) ,
Witness my hand and notarial seal, this the 06J day
of , 2009 .
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Board of Commissioners Meeting
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 5
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief
CONTACT(S): Donnie Hall and Meg Langston,Fire Life Safety Educator
SUBJECT:
Adoption of Fire Prevention Week Proclamation
BRIEF SUMMARY:
New Hanover County Fire Rescue Services has submitted a proclamation to recognize the week of October
6-12,2013 as Fire Prevention Week with the theme "Prevent Kitchen Fires!"
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Provide health and wellness education,programs,and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
ATTACHMENTS:
Fire Safety Week Proclamation 2013
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
5-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FIRE SAFETY WEEK PROCLAMATION
WHEREAS, the County of New Hanover is committed to ensuring the safety and security of all those living in and visiting our
county;and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at
greatest risk from fire;and
WHEREAS, home fires killed more than 2,500 people in the United States in 2011, according to the National Fire Protection
Association(NFPA),and fire departments in the United States responded to 370,000 home fires;and
WHEREAS, cooking is the leading cause of home fires in the United States where fire departments responded to more than 156,000
annually between 2007 and 2011;and
WHEREAS, two of every five home fires start in the kitchen with unattended equipment being a factor in one-third of the reported
cooking fires;and
WHEREAS, 57%of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves;and
WHEREAS,children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire;and
WHEREAS, New Hanover County residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free
zone around cooking areas and keep anything that can catch fire away from stove tops;and
WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to
survive a fire;and
WHEREAS,working smoke alarms cut the risk of dying in reported home fires in half;and
WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries
through prevention and education;and
WHEREAS, New Hanover County's residents are responsive to public education measures and are able to take personal steps to
increase their safety from fire,especially in their homes;and
WHEREAS, the 2013 Fire Prevention Week theme, "Prevent Kitchen Fires!" effectively serves to remind us to stay alert and use
caution when cooking to reduce the risk of kitchen fires.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 6-12, 2013,be
recognized as "Fire Prevention Week" in New Hanover County. The Board urges all the people of New Hanover County to prevent
fires by checking their kitchens for fire hazards and using safe cooking practices during Fire Prevention Week 2013,and to support the
many public safety activities and efforts of New Hanover County's fire and emergency services.
ADOPTED this the 7ffi day of October,2013.
NEW HANOVER COUNTY
Woody White, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 6
DEPARTMENT: Parks PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S): Tim Burgess, Assistant County Manager
SUBJECT:
Approval of a Fee Waiver for the 2013 Crop Hunger Walk
BRIEF SUMMARY:
New Hanover County received a request to waive park fees for Crop Hunger Walk. County staff
recommends the approval, but intends to address a non-profit park fees and/or waivers process in the FY15
Budget Ordinance.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend fee waiver.
ATTACHMENTS:
Letter From Mrs. Weaver
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend fee waiver.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
6-0
V %k
September 8, 2013
Chairman Woody White
New Hanover County Board of Commissioners
230 Government Center Dr.
Wilmington, NC 28403
Dear Chairman White,
We are respectfully asking for the continued support of the New Hanover County Board of
Commissioners for the Wilmington Area CROP Hunger Walk. Each October for more than 30 years, a
CROP Hunger Walk has been held in New Hanover County. For the past 3 years,the Walk has taken
place at Shelter#5 and the walkway around Hugh MacRae Park. Last year, over 300 people attended to
enthusiastically show their support for the efforts of Church World Services to end poverty and hunger
worldwide and in New Hanover County by raising nearly$14,000. A portion of the donations comes
back to our community to support Mother Hubbard's Cupboard (the food pantry downtown)and
NourishNC (the weekend backpack food program in the New Hanover County Schools).
Last year the Commissioners graciously waived the fees charged for use of the Park facilities. A waiver
of the facilities use fee and the banner fee again this year would allow us to use our funds for fighting
hunger rather than for administration. These fees equal almost 25 bags of food that could be given to
hungry children in our County.
Please prayerfully consider our request for a fee waiver. I have enclosed brochures about CROP Walks
nationwide and our local Walk. Of course, we would also be excited for you and your fellow
Commissioners to join us Sunday, October 13th at 1:30 at Hugh MacRae Park(Shelter#5) for our 2013
CROP Hunger Walk. For more information, please feel free to contact me at 619-3490 or
haId4 C@aol.com.
Thank you for your consideration of our request.
Sincerely,
Lynn Weaver, Chairman
CROP Hunger Walk Committee
Cc: New Hanover County Commissioners
Chris Coudriet
Tara Duckworth
Board of Commissioners Meeting
10/07/2013
6- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 7
DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks,Public and Legislative Affairs
Manager and Chris O'Keefe,Planning and Inspections Director
CONTACT(S): Carey Disney Ricks
SUBJECT:
Adoption of a Resolution in Response to the Biggert-Waters Flood Insurance Reform Act of 2012
BRIEF SUMMARY:
New Hanover County recently submitted a letter of support to Congressman Walter Jones and Congressman
Mike McIntyre in their pursuit to delay the implementation of the Biggert—Waters Flood Insurance Reform
Act of 2012 for a period no less than one year to allow Congress to address and remedy concerns and
potentially steep rate increases for some NFIP policyholders.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Influence legislation and external mandates to enhance local autonomy
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Board of County Commissioners is requested to adopt the resolution and direct the Public and
Legislative Affairs Director to provide to our state and national delegation.
ATTACHMENTS:
Biggert-Waters Act Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
7-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN RESPONSE TO
BIGGERT—WATERS FLOOD INSURANCE REFORM ACT OF 2012
WHEREAS,the National Flood Insurance Program(NFIP) created in 1968 was a key component of the federal government's efforts
to minimize the damage and financial impact of floods; and
WHEREAS, in the years since its creation, members of Congress have identified and publicly commented on lapses in authority of
the program that have prevented FEMA from writing new policies,renewing expiring policies,or increasing coverage limits;and
WHEREAS, in response to such lapses, the Biggert — Waters Flood Insurance Reform Act of 2012 was created, as stated by bill
cosponsor Congresswoman Waters, to reauthorize and"stabilize"the flood insurance program via a five year reauthorization, critical
improvements to the program, increased community input in flood mapping, and a strengthening of the program's financial position;
and
WHEREAS,bill cosponsor Congresswoman Waters, stated that the intent of the Biggert—Waters Act"was not to impose punitive or
unaffordable rate hikes that could make it difficult for some to remain in their homes";and
WHEREAS, after receiving reports of homeowners in certain areas facing high and unsustainable flood insurance rates,
Congresswoman Waters has committed to "work with FEMA and with colleagues here in Congress to address this unintended
consequence of this otherwise helpful legislation'';and
WHEREAS, an amendment and bill H.R. 2199 Flood Insurance Implementation Reform Act of 2013, with Congressman Richmond
as primary sponsor and Congresswoman Waters and others as cosponsors, was created to delay rate changes due to "unintended
consequences"of Biggert-Waters;and
WHEREAS, H.R. 2199 and parallel efforts of members of US Congress including North Carolina 3 d District Congressman Walter
Jones and 7d'District Congressman Mike McIntyre request further study of certain provisions of the Biggert—Waters Flood Insurance
Reform Act of 2012 before implementation;and
WHEREAS, New Hanover County intends to work collaboratively with community leaders and stakeholders throughout the county
to sustain a viable flood insurance program while also addressing potentially punitive and unintended consequences of the Biggert—
Waters Flood Insurance Reform Act of 2012.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners supports any and all efforts to
delay the implementation of the Biggert — Waters Flood Insurance Reform Act of 2012 that would result in steep rate increases for
some NFIP policyholders for a period no less than one year to allow Congress to address and remedy these concerns;and
BE IT FURTHER RESOLVED,that the New Hanover County Board of Commissioners urges Congress to:
• Direct an independent examination of the National Flood Insurance Program's (NFIP) actuarial rates to ensure that they are
fair and equitable and once implemented lead to the program's solvency,and
• Consider how participation in a Federal Storm Damage Reduction project or compliance with specific State building codes
and enhanced construction standards can successfully mitigate loss and lessen community-wide damage even in flood prone
areas.
ADOPTED this the 7d'day of October,2013.
NEW HANOVER COUNTY
Woody White, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
7- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 8
DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks,Public and Legislative Affairs
Manager
CONTACT(S): Randall Johnson, Executive Director, Southeastern Office, North Carolina Biotechnology
Center
SUBJECT:
Adoption of Clinical Research Week Proclamation
BRIEF SUMMARY:
The NC Coast Clinical Research Initiative is pleased to announce three events in October focused on Clinical
Research in the Wilmington area. A proclamation has been drafted to recognize October 7-13, 2013 as
Clinical Research Week in New Hanover County as a way to showcase the sizeable company cluster we have
here in Wilmington and the Southeastern region.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Clinical Research Week Proclamation
Clinical Reach Initiative Events in October
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
8-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CLINICAL RESEARCH WEEK PROCLAMATION
OCTOBER 7-13, 2013
WHEREAS, clinical research is the foundation of a thriving industry cluster in Southeastern North Carolina,
home to both world-renowned contract research organizations and small entrepreneurial startups, serving as a
key driver of the region's and state's economic vitality; and
WHEREAS, the NC Biotechnology Center Southeastern Office and NC Coast Clinical Research Initiative
work to strengthen the local clinical research industry which provides and supports knowledge-sector jobs in
our region's diverse economy; and
WHEREAS, the University of North Carolina Wilmington provides strong support to the clinical research
industry, offering the Bachelor of Science in Clinical Research degree program, and a Statistics program
focused on Clinical Research; and
WHEREAS, New Hanover County and surrounding counties in Southeastern North Carolina benefit
significantly from the continued enhancement and growth of the clinical research industry in our area; and
WHEREAS, Economic Development activities, such as attracting/expanding/retaining clinical research
enterprises, will significantly benefit the economic vitality of the county and surrounding region; and
WHEREAS,the strengthening of the clinical research and biotechnology industries will foster entrepreneurship
and economic growth, thereby strengthening New Hanover County.
NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners
expresses support for the continued development and promotion of the clinical research industry in Wilmington
and New Hanover County, in an effort to enhance the business climate in New Hanover County and the
surrounding southeastern region of North Carolina, by naming the week of October 7-13, 2013 "Clinical
Research Week in New Hanover County".
ADOPTED this the 7th day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
8- 1 - 1
N
Register Today:
The NC Coast Clinical Research Initiative is pleased to announce three events in October focused on Clinical
Research in the Wilmington area.
We invite you to join us for the following events focused on strengthening the local clinical research
community, with opportunities to connect with business and community leaders from the Wilmington area and
beyond. . .
NC Coast Dinner Talk
With Founder and CEO John Didsbury, 73D Therapeutics
Date 9 October 2013
Time 5:30 pm—7:30 pm
Location Circa 1922, 8 N. Front St., Wilmington.
To Register and for more information, Visit nccoastinnertalk.eventbrite.com
UNCW Outlook Conference
Date 10 October 2013
Time 7:30 am —11:00 am
Location UNCW Burney Center,Wilmington.
To Register and for more information,Visit .cs .uncw.eu/ces/conf/eoc/inex.ht
-- Presentations, reports and videos with company leaders in the local Clinical Research
cluster. Includes an Exhibition Hall for clinical research companies and networking opportunities.
NC Coast Lunch and Learn
Clinical Research Statistics Basics for Non-Statisticians:An Overview of Randomization
Date 10 October 2013
Time 11:30 am—2:00 pm
Location UNCW Burney Center,Wilmington.
To Register and for more information, Visit nccoaststats.eve nt rite.co
"Pre-registration is required, and the event is FREE to the first 40 registrants
who also attend the UNCW Outlook Conference.
--UNCW Statistics professor Jim Blum will be joined by representatives of local clinical research
companies.
The NC Coast Clinical Research Initiative: With an already impressive cluster of clinical research companies,
educational programs, and local talent, our region is capitalizing on an exceptional opportunity to build on our
existing clinical research assets and strengths for greater knowledge sector job growth and economic impact. A
local group of corporate, economic development, and academic leaders is taking action to strengthen the local
clinical research community through this regional economic development initiative.
www.NCCoastClinicalResearch.com
Board of Commissioners Meeting
10/07/2013
8-2- 1
NC COAST CLINICAL RESEARCH INITIATIVE: STRENGTHENING CLINICAL RESEARCH IN
SOUTHEASTERN NORTH CAROLINA
PURPOSE AND ACTIVITY
This regional economic development initiative, NC Coast Clinical Research Initiative, is designed to
serve as a focal point for strengthening the impressive Clinical Research community (companies,
educational institutions including UNCW's clinical research program, business assistance providers,
economic developers, health care providers/physicians) in southeastern North Carolina
1. by identifying needs of the Clinical Research community to succeed and grow,
Z. by developing action steps to meet those needs, and
3. by facilitating partnerships to implement these action steps.
MECHANISM FOR ACTION
Creation of and support for focused, collaborative teams to identify needs, generate ideas, create action
plans, and execute action plans is necessary. Initial Teams include an Event Team, Statistics Team,
Communications Team, Clinical Trials Team, and Leadership Team.
•THREE BROAD AREAS OF NEED
Building Clinical Research Community Cohesion
• Increasing Clinical Research Community Visibility, Recognition, and Support in the Southeastern
Region and beyond
• Increasing and Enhancing Local Clinical Trials
The ultimate goal of the NC Coast Clinical Research Initiative is to build an even stronger CR
community that we can promote across North Carolina, the U.S., and the world as the world-
class CR cluster it is.
Board of Commissioners Meeting
10/07/2013
8-2-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 9
DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell
SUBJECT:
Approval of August 2013 Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for the month of August 2013 are submitted for approval.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the reports.
ATTACHMENTS:
August 2013 Collection Reports
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
9-0
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Board of Commissioners Meeting
10/07/2013
9- 1 - 1
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Board of Commissioners Meeting
10/07/2013
9- 1 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7,2013
CONSENT
ITEM: 10
DEPARTMENT: PRESENTER(S): Cam Griffin,Budget Director
CONTACT(S): Cam Griffin
SUBJECT:
Approval of Board of Education Budget Amendment
BRIEF SUMMARY:
On September 3,the New Hanover County Board of Education approved the following budget amendments.
General Fund Amendment #2 This budget amendment appropriates $3,212,491 from the New Hanover
County Board of Education fund balance to fund items that were eliminated due to state budget reductions
and prevent a reduction in force. The school staff plans to adjust the Teacher and Teacher Assistant formulas,
increasing class size and reducing the number of allotted positions for next year to absorb the state reduction
in the'FY14-15 budget.
Capital Outlay Fund Budget Amendment #1 amends the budget for ongoing Capital Projects approved in
prior years ($4,693,320), lottery projects approved by the Department of Public Instruction ($893,200), and
insurance proceeds ($10,000). These funds are being carried over from previous years. The Board of
Education approves the initial total capital project budget,but has to appropriate the unspent portion of funds
each year for multi-year projects.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Review and approve Board of Education budget amendments.
ATTACHMENTS:
Board of Education General Fund Amendment#2 and Capital Outlay Fund Budget Amendment#1
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
10-0
N
i
Now Hanover County Board of Education
General Fund Amendment#2
Be it resolved by the New Hanover County Board of Education that the following amendments be made
to the Budget Resolution for the fiscal year ending June 30,2414,on the 3rd day of September,2013:
Increasel(Decrease)
Expenditures by PurposalFunctlon:
Instructional services:
Regular Instruction $ 3248,440.00
Spacial Populations -
Alternative Programs -
School Leadership -
Co-Curricular -
School-Based Support (132,540.00)
System-wide support services.
Support and Development $
Special Population Support and Development
Alternative Program Support and Development
Technology Support
Operational Support (3,449.00)
Financial and Human Resources 87,549.80
Accountability -
System-VYde Pupil Support -
Policy,Leadership and Public Relations 12,450.20
Ancillary.
Community Services $
Nutrition Services -
Non-programmed Charges.
Payments to Other Governments $
Interlund Transfers -
Scholarships -
$ 3,212,491.00
Revenue by Source:
New Hanover County $
Federal Sources
Other Revenues
Fund Balance Appropriation 3,212,491.00
$ 3,212,491.00
Explanation:
To appropriate canryover to offset state budget reductions($3,215,940),to correct carryover($3,449),and to record transfers to cover
increase in workers compensation insurance and to record safely training under correct purpose code.
Total Appropriation in Current Budget $ 71,726,950.67
Amount of Increasel(Decrease)of above Amendment 3,212,491.00
Total Appropriation in Current Amended Budget $ 74;939,W4' 7
r
Passed by majority vote of the Board of Education of New Hanover County on the day of
2013 .
r
Chairrn n,S rid of Ed on
S e ry, rd of Education
Board of Commissioners Meeting
10/07/2013
10- 1 - 1
t
Now Hanover County Picard of Education
Capital Outlay Fund Budget Amendment#)1
r
Be it resolved by the New Hanover County Board of Education that the following amendments be made
to the Budget Resolution for the fiscal year ending June 30, 2014, on the 3rd day of September, 2013:,
lncreasel(Decrease)
Expenditures by PurposelFunctlon:
Regular Instruction $ 53,403.41
Capital Outlay 3,704,437.08
Technology Support 510,130.06
Operational Support 1,234,364.56
Unbudgeted(Contingency) 14,105.24
5,596,520,35
Revenue by Source;
New Hanover'County -
DPI School Bus Revenue 960,012.00
PSBCF-Lottery Revenue 3,123,388.90
CSCB Revenue 172,122,04
Bond Revenue 2,000.00
Insurance(proceeds 10,000.00
Transfers from other Funds -
Fund Balance Appropriated 1,328,997.41
$ 5,596,520.35 j
ii
Explanation;
To amend the budget for on-going Capital Projects approved in prior years($4,69 ,320.35), lottery projects approved by
by the DPI($893,200),and Insurance Proceeds($10,000).
Total Appropriation in Current Budget $ 4,124,411..110
Amount of Increasel(Decrease)of above Amendment 5,596,520.35
Total Appropriation In Current Amended Budget $ 9,720,931,35
Passed by majority vote of the Board of Education of New Hanover County on the day of
2006
,
Ch ' an,Bo rd of Ed lore
"c7 and of Education
Board of Commissioners Meeting
10/07/2013
10- 1 -2
I
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
CONSENT
ITEM: 1 1
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2014.
14-017- Sheriffs Office
14-018 - Sheriffs Office
14-019 - Sheriffs Office
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendments listed.
ATTACHMENTS:
B/A 14-017
B/A 14-018
B/A 14-019
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
11 -0
AGENDA: October 7,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14- 017
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 14-017 be made to the annual budget ordinance for the fiscal year ending
June 30,2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: SHERIFF-Justice Assistance Grant Program
Department: Sheriff
Expenditure: Decrease Increase
Sheriffs Office-JAG $40,304
Total $0 $40,304
Revenue: Decrease Increase
Sheriffs Office-JAG $40,304
Total $0 $40,304
Section 2: Explanation
To budget a Justice Assitance Grant(JAG)for 2013 funding from the U.S.Department of Justice. Funds will
be used for vehicles purchases. This is a joint grant with the City of Wilmington and New Hanover County
approved by Commissioners at their July 15,2013 meeting. No match required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 14-017,amending the annual budget
ordinance for the fiscal year ending June 30,2014,is adopted.
Adopted,this 7th day of October,2013.
(SEAL)
Woody White,Chairman
ATTEST:
Sheila L. Schult,Clerk to the Board
Board of Commissioners Meeting
10/07/2013
11 - 1 - 1
AGENDA: October 7,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14- 018
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 14-018 be made to the annual budget ordinance for the fiscal year ending
June 30,2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Controlled Substance Tax Fund
Department: Sheriff
Expenditure: Decrease Increase
Sheriffs Office $1,868
Total $0 $1,868
Revenue: Decrease Increase
Sheriffs Office $1,868
Total $0 $1,868
Section 2: Explanation
To budget Controlled Substance Tax receipts for 8/21/13 and interest on investments. Controlled Substance
Tax funds are budgeted as received and must be used for law enforcement as Sheriff deems necessary. The
current balance in the Controlled Substance Tax fund is$36,832.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 14-018,amending the annual budget
ordinance for the fiscal year ending June 30,2014,is adopted.
Adopted,this 7th day of October,2013.
(SEAL)
Woody White,Chairman
ATTEST:
Sheila L. Schult,Clerk to the Board
Board of Commissioners Meeting
10/07/2013
11 -2 - 1
AGENDA: October 7,2013
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14- 019
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 14-019 be made to the annual budget ordinance for the fiscal year ending
June 30,2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Federal Forfeited Property Fund
Department: Sheriff
Expenditure: Decrease Increase
Sheriffs Office $23,333
Total $0 $23,333
Revenue: Decrease Increase
Sheriffs Office $23,333
Total $0 $23,333
Section 2: Explanation
To budget Federal Forfeited Fund receipts of 7/29/13, 8/20/13, 8/27/13,and 9/16/13.Federal Forfeited
Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
The current balance in the Federal Forfeited Property Fund is$279,478.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 14-019,amending the annual budget
ordinance for the fiscal year ending June 30,2014,is adopted.
Adopted,this 7th day of October,2013.
(SEAL)
Woody White,Chairman
ATTEST:
Sheila L. Schult,Clerk to the Board
Board of Commissioners Meeting
10/07/2013
11 -3- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
REGULAR
ITEM: 12
DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Advocate/Outreach Coordinator,
Domestic Violence Shelter& Services, Inc.
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of Domestic Violence Awareness Month Proclamation
BRIEF SUMMARY:
Andrea Stough is the Advocate/Outreach Coordinator for Domestic Violence Shelter & Services. She
requests that the Board adopt a proclamation to recognize October 2013 as Domestic Violence Awareness
Month in New Hanover County.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Domestic Violence Awareness Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
12 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DOMESTIC VIOLENCE AWARENESS MONTH
PROCLAMATION
WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening
the very core of our community; and
WHEREAS, the effects of domestic violence are far-reaching and may cause families to seek safe shelter, the
criminal justice system to expend valuable resources, and families and friends to experience grief and concern
for their loved ones; and
WHEREAS, 1,542 adults and children sought safe shelter or other direct services at Domestic Violence Shelter
and Services, Inc. in the year 2012; and
WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services
in New Hanover County for victims and survivors of domestic abuse; and
WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two
decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their
lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic
violence and its consequences; and
WHEREAS, many other persons throughout New Hanover County and the United States find themselves in
abusive relationships and need to find a safe and empowering environment.
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners
refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values,
fosters a safe and loving home environment for every family, and encourages our citizens to enhance their
efforts to work together to address the problem of domestic violence.
BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2013
be recognized as "Domestic Violence Awareness Month" in New Hanover County.
ADOPTED this the 7th day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
12- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
REGULAR
ITEM: 13
DEPARTMENT: County Manager PRESENTER(S): Duane Eastmond,President, Guardians of the
Ribbon, Cape Fear Chapter
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of Cares Enough to Wear Pink Days Proclamation
BRIEF SUMMARY:
Duane Eastmond, President of Guardians of the Ribbon, Cape Fear Chapter, has submitted a proclamation to
recognize October 25-27, 2013 as "Cares Enough to Wear Pink Days" in New Hanover County. Mr.
Eastmond or another board member will be present to receive the proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Cares Enough to Wear Pink Days Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
13-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CARES ENOUGH TO WEAR PINK DAYS
PROCLAMATION
WHEREAS, Guardians of the Ribbon Inc/DBA Pink Heals Tour is an National non-profit organization
consisting of firefighters, police officers and leaders in the community whose sole purpose is raising awareness
for the fight against cancer; and
WHEREAS, in September 2007 the "Pink Heals Tour" began, encouraging public safety professionals, local
leaders and citizens throughout the community to wear pink in honor of all women and to join forces to help
them in their fight against cancer; and
WHEREAS, the spirit of this campaign is to fight for those who have lost the ability to fight for themselves;
asking for public support and raising understanding and awareness to all citizens; and
WHEREAS, anything is possible when good people devote themselves to a cause that does so much good and
benefits so many; and
WHEREAS,the "Cares Enough to Wear Pink" campaign honors all women and recognizes the need to come
together as a collective group and help with the fight against cancer, reminding future generations that people
who are not affected by an illness can come together for those who are.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
October 25-27, 2013 be recognized as "Cares Enough to Wear Pink Days" in New Hanover County.
ADOPTED this the 7th day of October, 2013.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/07/2013
13- 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7,2013
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): Joe Suleyman,Environmental Management
Director
CONTACT(S):Joe Suleyman
SUBJECT:
Presentation of Cost Estimate for Deconstruction of the Wastec Facility,and Request for Direction for
Proceeding with Phase II of the Comprehensive Solid Waste Management Plan
BRIEF SUMMARY:
The Board of Commissioners heard the Phase I CDM Smith report Tuesday, September 3,2013.An updated
summary review of the Phase I components of the Comprehensive Solid Waste Management Plan was
then presented on Monday, September 16, 2013. CDM Smith is seeking direction from the Board of
Commissioners in proceeding with Phase II of the Comprehensive Solid Waste Management Plan.
As requested by the Board, staff sought a budget estimate for the full and partial deconstruction of the
Wastec Facility. The budget estimate for the full deconstruction of all buildings/structures down to 3'below
grade is less than $250,000. This estimate is based on the contractor retaining all salvage rights, landfill
disposal fees are waived,and excludes any costs with disconnecting or capping of utilities.
A budget estimate for the partial deconstruction of the facility (retaining the infrastructure currently housed
recycling and Household Hazardous Waste operations) is not yet available, but is not expected to alter the
budget estimate significantly.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Leverage technology and information to enable performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Provide direction for proceeding with Phase II of the Comprehensive Solid Waste Management Plan.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager)
Provide CDM Smith direction for proceeding with Phase II of the Comprehensive Solid Waste Management
Plan.
COMMISSIONERS'ACTIONS:
The County Manager and staff were directed to enter talks with a committee to include two Commissioners
to negotiate a service contract with Waste Industries to discuss all the topics discussed by a vote of 4-1,
Commissioner Barfield dissenting. Staff was also directed to explore insurance options on the Wastec
facility.
Board of Commissioners Meeting
10/07/2013
14-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
REGULAR
ITEM: 15
DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner(PB Rep: Tamara
Murphy)
CONTACT(S): Ben Andrea; Chris O'Keefe, Planning& Inspections Director; Ken Vafier, Current Planning&
Zoning Supervisor
SUBJECT:
Public Hearing
Text Amendment (A-413, 9/13) - Request by Staff to Amend Sections 23, 50.2, 72-20, and 81-1 of the
Zoning Ordinance Regarding Child Day Care Centers
BRIEF SUMMARY:
This amendment will replace the existing ordinance language referring to Child Day Care Centers with two
new uses: Child Care Centers and Family Child Care Homes. The amendment includes definitions for the
two uses, specifies in which zoning districts the uses are permitted, and establishes standards for
each. The amendment also includes the allowance for Family Child Care Homes with less then nine children
to operate by right in residential zoning districts.
At their September 5, 2013 meeting, the Planning Board voted 7-0 to recommend approval of the text
amendment.
No one from the public spoke in support or in opposition of the amendment.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development,infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the amendment.
ACTION NEEDED:
1. Approve as recommended
2. Approve with changes
3. Continue for further information
4. Deny the amendment
ATTACHMENTS:
A-413 Script
Board of Commissioners Meeting
10/07/2013
15-0
A-413 Child Care Text Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
15-0
ITEM #
SCRIPT FOR TEXT AMENDMENT A-413, 9/13
REQUEST BY STAFF TO AMEND SECTIONS 23, 50.2, 72-20, AND 81-1 OF THE
ZONING ORDINANCE REGARDING CHILD DAY CARE CENTERS.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meeting
10/07/2013
15- 1 - 1
A-413 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Affected Ordinance Sections:
• Article IL Definitions
• Article V, Section 50.2: Tabulation of Permitted Uses
• Article VII, Section 72-20
• Article VIII, Section 81-1
Summary of Amendment:
This amendment will replace the existing use of Child Day Care Center with two new uses,
Child Care Center and Family Child Care Home, define these uses, specify in which zoning
districts the uses are permitted, and establish standards for the uses.
Planning Board Recommendation:
Unanimously Recommended Approval at their September 5, 2013 meeting.
Proposed additions are in red. Proposed deletions are in
PROPOSED AMENDMENT:
Article IL• Definitions
gt- � —t
tHtfl-a&""'u S44A 41,&
Child Care Center— An arrangement where, at a:-x' one time, there are three or more
preschool-age children or ra rfr^ or more school-age children receiving child care, unless
excluded by NCGS § t it1-82(2).
Karim " d1d "are i-Iome—.fir: ar°r°anuemenfit located r: a resident here, at aria r r:r^ t���r^�
��drr r rr rr��r child care, �:r �r�� r�r� :dr d b m
more than te children but less than nine c
NCGS § t t 0-82(2),
Article V, Section 50.2: Tabulation of Permitted Uses
Ri
O F
R R R R R7 B B I I & A A S R M Supp NAICS
Permitted Uses PD 20S 20 15 10 1 2 1 2 1 R I C A U Regs
ChiI.J..,.,'s n-,.,!'-,..,
Family ChHd Care Home F P F P F P S P S 72-90
Child Care Cente P
1
Board of Commissioners Meeting
10/07/2013
15-2 - 1
Article VII, Section 72-20
Child Care I-fornes
Child are i-forne may be permitted in any residential
district subject to the dimensional requirements of the district and provided:
"
..r M-4 - r ; F - -hog "$ ont -t4 Fey t "fib-t
f) l LThe entire play area is enclosed with a fence having a minimum height of
four (4) feet and constructed in such a manner that maximum safety is ensured;
No outside sign in excess of two (2) square feet in area shall be permitted,
except when such facility is located on an existing collector or arterial facility as
indicated on the New Hanover County Thoroughfare Classification Plan,in
which case the maximum sign area shall be twelve (12) square feet.
Article VIII, Section 81-1
Child Care Center One (1) space „rer eiri YYt3 8L Larticiparrts,
2
Board of Commissioners Meeting
10/07/2013
15-2 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
REGULAR
ITEM: 16
DEPARTMENT: PRESENTER(S): Ken Vafier, Current Planning&Zoning Supervisor
(PB Rep; Tamara Murphy)
CONTACT(S): Ken Vafier; Chris O'Keefe, Planning & Inspections Director; and Shawn Ralston, Planning
Manager
SUBJECT:
Public Hearing
Text Amendment (A-414, 9/13) - Request by Staff to Amend Section 62.1-10 of the Zoning Ordinance
Street Yard Landscaping Regulations to Accommodate Sidewalks and Multi-use Paths
BRIEF SUMMARY:
Staff proposes to amend Section 62.1-10: Street Yard Landscaping. The proposed amendment removes
reference to the "creative standard" and inserts language in 62.1.10 (6) to allow limited flexibility in the
planting requirements should specific site conditions warrant. The amendment also proposes to increase the
minimum streetyard area from 300 square feet to 600 square feet in response to concerns that the minimum
area is relatively small and results in overcrowding and compromised health with the plantings at
maturity. In addition, the amendment allows access driveways, sidewalks or other bicycle and pedestrian
facilities, and transit amenities such as bus shelters or drives be subtracted from the required streetyard area.
At their September 5, 2013 meeting,the Planning Board voted 7-0 to recommend approval of the amendment
with one modification adding the language regarding transit amenities.
No one from the public spoke in support or in opposition of the proposed amendment.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
• Implement plans for land use, economic development,infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of text amendment.
ACTION NEEDED:
1. Approve as recommended
2. Approve with changes
3. Continue for further information
4. Deny the amendment
TT Board of Commissioners Meeting
10/07/2013
16-0
A-414 Script
A-414 Street Yard Text Amendment
Streetyard Calculation Illustration
Streetyard Planting Illustration
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS'ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/07/2013
16-0
ITEM #
SCRIPT FOR TEXT AMENDMENT A-414, 9/13
REQUEST BY STAFF TO AMEND SECTION 62.1-10 OF THE ZONING ORDINANCE
STREET YARD LANDSCAPING REGULATIONS TO ACCOMMODATE SIDEWALKS
AND MULTI-USE PATHS.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meeting
10/07/2013
16- 1 - 1
A-414 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Affected Ordinance Sections:
• 62.1-10 Street Yard Landscaping
• 62.1-10 (2)(A)
•
62.1-10 (5)
• 62.1-10 (6)
• 62.1-10 (7)
Summary of Amendment:
Staff proposes the following changes to the Ordinance language:
1. Eliminate the reference to the "Creative Standard" as no additional standards for this option are
specified within the current ordinance. In lieu of this standard, staff proposes additional language in
62.1.10 (6)to allow limited flexibility in the planting requirements should specific site conditions
warrant.
2. Increase the minimum streetyard area from 300 square feet to 600 square feet in response to concerns
that the minimum area is relatively small and results in overcrowding and compromised health with the
plantings at maturity.
3. Specify that access driveways, sidewalks or other bicycle and pedestrian facilities, and transit amenities
such as bus shelters or drives may be subtracted from the streetyard area in order to accommodate these
features within the site design.
4. Remove language limiting impervious area within the streetyard is also proposed to be removed as
impervious coverage during site design will be addressed via stormwater regulations.
Planning Board Recommendation:
Unanimously Recommended Approval at their September 5, 2013 meeting.
Proposed Ordinance Language:
Proposed changes are in red. Proposed deletions are in red and st riketlr rough.
Section 62.1-10: Street Yard Landscaping
(1) A street yard, as defined herein, must be provided for new construction of principal structures or for
expansions to existing structures or used whenever additional off-street parking is required. However no street
yard improvements shall be required for those portions of lot frontage used for driveways constructed in
accordance with County or State driveway regulations.
(2) It is intended that street yards be landscaped by meeting the f ll wing>> requirements
(A)- Iir-" 4 a : For every v )600 sq. ft. of streetyard area, the streetyard shall contain:
(3) One Canopy/Shade tree, (3"caliper) minimum or 3 understory story trees, six ft. in height, only when
overhead power lines exist above the streetyard; and
(4) Six shrubs, 12" in height at planting.
(A) Areas designated for stormwater functions except piped areas shall not be included in the calculation
of streetyard square footage.
(5) 3t° � ° °1 - u � -� i-ate
-,k-Walkways, sidewalks or other bicvcle and pedestrian facilities, fountains,
walls or fences, and tran si aine-ni ties e-kf- w �. ��. . , ,shall be permitted
tiro s reeetyrrr , h wee er, parking areas shall not be permitted,
1
Board of Commissioners Meeting
10/07/2013
16-2 - 1
(6) If there are existing trees in the proposed streetyard, the County Zoning Administrator may grant credit
toward meeting tree preservation requirements, provided their caliper is at least 2" or more. In addition the
Zoning Administrator may require the saving of any regulated tree in the streetyard area. On a case-by-case
basis, the Zoning Administrator or heir designated a0ent rr°av approve alteirrative planting materials 01"
substitutions to streetyard planting requireryients where recitill"eryients would not be practical because ofexisting
vegetation, Such substitutions must be determined o be in keeping with the ptupose and intent.of this section,
(7) The Streetyard area is calculated by:
Step One: Multiplying the designated streetyard factor in accordance with the zoning designation of the
property by the linear street frontage of the property Eels the road fi-ontirrg>> width of any access r i es within the
streets r.rrP to determine the base streetyard area"
Step Two: Subtracting .Errs area of any walkways, sidewalks or other bicycle and pedestrian facilities,, an .ran i.
arr°r ni ties fr"t}m the base `tree`t'vard area to get the total required streetyard area,
The applicant may install the streetyard in any configuration that provides the required amount of streetyard
square footage between the property line and any site improvements. The maximum and minimum widths as
listed in the following table may not be exceeded in any portion of the streetyard.
2
Board of Commissioners Meeting
10/07/2013
16-2 -2
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16-4- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 7, 2013
REGULAR
ITEM: 17
DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher,Finance Director
CONTACT(S): Lisa Wurtzbacher
SUBJECT:
A. Overview of Wave Route Costs
B. Consideration of Wave Loan Payback
BRIEF SUMMARY:
Review October 3 work session regarding Wave and direct staff on loan position and modifications to the
ILA.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
A. Hear route costs presentation.
B. Forgo Wave loan repayment and direct modification to ILA.
COMMISSIONERS'ACTIONS:
Heard presentation.
Approved forgiveness of the loan repayment and directed staff to pursue modification of the interlocal
agreement 5-0.
Board of Commissioners Meeting
10/07/2013
17-0