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2013-10-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 716 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 7, 2013, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Woody White: Vice-Chair Beth Dawson: Commissioner Jonathan Barfield, Jr.: Commissioner Brian M. Berger:and Commissioner Thomas Wolfe. Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schuh. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Rick Houston, Pilgrim Rest Missionary Baptist Church, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review Meeting held on September 12,2013 Regular Meeting held on September 16, 2013 Special Meeting held on September 16,2013 Adoption of Disability Awareness and Employment Month in Nero Hanover County Proclamation — County Manager's Office The Commissioners adopted the proclamation declaring October 2013 as Disability Awareness and Employment Month in Nero Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 17.1. Adoption of Resolution Supporting Smart Start of New Hanover County to Receive Community Services Block Grant Act Funding—County Manager's Office The Commissioners adopted the resolution supporting Smart Start of New Hanover County to receive Community Sei ices Block Grant Act funding. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 17.2. Approval of SafeLight Program Contract Amendment—Budget Department The Commissioners approved the amendment to the SafeLight program contract amendment extending the agreement until August 31, 2014. The County contributes $200,000 per year to assist the City of Wilmington with the operating costs with approximately$800,000 a year being allocated to New Hanover County Schools. A copy of the contract is available for review in the Legal Department. Adoption of Fire Prevention Week in Nero Hanover County Proclamation—Fire Services The Commissioners adopted the proclamation declaring the week of October 6-12, 2013 as Fire Prevention Week in Nets,Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 17.3. Approval to Waive Park Fees for the 2013 Crop Hunger Walk—Parks and Gardens Department The Commissioners approved waiving park fees for the 2013 Crop Hunger Walk. Adoption of Resolution Supporting Implementation Delays to the Biggert-Waters Flood Insurance Reform Act of 2012—County Manager's Office The Commissioners adopted the resolution supporting 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 National Flood Insurance Program policyholders for a period no less than one year to allow Congress to address and remedy these concerns. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 717 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 17.4. Adoption of Clinical Research Week in New Hanover County Proclamation—County Manager's Office The Commissioners adopted the proclamation recognizing October 7-13, 2013 as Clinical Research Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI,Page 17.5. Acceptance of Tax Collection Reports—Tax Department The Commissioners accepted the following Tax Collection Reports as of August 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 17.6. Approval of Board of Education Capital Outlay Fund Budget Amendment#1 and General Fund Amendment #2—Budget Department The Commissioners approved the following Board of Education budget amendments: • 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). • General Fund Amendment #2 appropriates $3,212,491 from the New Hanover County Board of Education fiord balance to fiord 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. • These fiords are being carried over from previous years. Copies of the budget amendments are 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, 2013: 14-017- Sheriffs Office 14-018- Sheriffs Office 14-019- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 17.7. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING THE MONTH OF OCTOBER 2013 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Domestic Violence Shelter& Sei ices, Inc. Advocate and Outreach Coordinator Andrea Stough presented the request for the Board's consideration to adopt the proclamation declaring the month of October 2013 as Domestic Violence Awareness Month in New Hanover County and in attendance to receive the proclamation. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to adopt the proclamation declaring the month of October 2013 as Domestic Violence Awareness 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 17.8. ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 25-27, 2013 AS CARES ENOUGH TO WEAR PINK DAYS IN NEW HANOVER COUNTY Cape Fear Chapter Guardians of the Ribbon President Duane Eastmond submitted the request for the Board's consideration to adopt the proclamation recognizing October 25-27, 2013 as Cares Enough to Wear Pink Days in New Hanover County. Vice-Chair Dawson read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 718 Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation recognizing October 25-27, 2013 as Cares Enough to Wear Pink 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 17.9. APPROVAL TO INITIATE A SERVICE CONTRACT WITH WASTE INDUSTRIES TO HANDLE THE COUNTY'S SOLID WASTE CDM Smith Martin Sanford presented the following findings from Phase I for consideration: • Waste disposal options: • 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 and yard waste collection in the unincorporated areas • Develop a recyclable transfer station or mini-materials recovery facility • Future expansion of construction and demolition recycling operations • Supplemental strategies to enhance program: • Minimize or eliminate WASTEC costs • Feasibility of landfill gas beneficial use • Increase public education and outreach • Investigate feasibility of mechanically stabilized earthen walls • Evaluate adequacy of yard waste and composting facilities • Increase construction and demolition recycling and diversion • Phase II work: • 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 benchmarks • Potential financial impacts • Potential fee structures • General implementation timelines In response to Board questions concerning the study not containing a recommendation to refurbish WASTEC, Mr. Sanford reported that the scope of the request for proposals did not include looking at mass burn facilities as a technology. County Manager Chris Coudriet added that the Board's directive to staff was to solicit proposals that did not include waste-to-energy disposal. In response to Board questions, Mr. Sanford reported that their role in Phase II would be to develop the framework of what the programs would look like and the timelines of implementation per board direction and costs of implementation. Vice-Chair Dawson offered comments concerning the value of the landfill and the need to preserve the life of the landfill for future generations. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to direct staff to proceed with working with Waste Industries to negotiate a sei ice contract,based on the Waste Industries letter dated September 12, 2013, to provide sei ices to transfer solid waste out of the County,while maintaining enough activity to keep the current permit valid, and to appoint rivo Commissioners to work with staff on the sei ice contract to include the strategies presented. Chairman White confirmed with County Attorney Wanda Copley that New Hanover County can enter into a sei ice contract with Waste Industries, as has been done in Wake County and with other municipalities: North Carolina General Statute does not require a Request for Proposal process for sei ice contracts. In response to Board questions, County Manager Chris Coudriet reported that not including legal counsel fees, approximately $600,000 has been spent to date for consultant sei ices on this issue including request for proposal development and review. Vice-Chair Dawson and Commissioner Wolfe volunteered to work with staff on drafting and negotiating the Waste Industries sei ice contract. Commissioner Wolfe stated that many questions remain unanswered and in his opinion entering into contract negotiations with Waste Industries will flush out the answers and hopefully reduce fees for the citizens while preset ing the life of the landfill. Chairman White commented that this plan will lower costs for citizens, allows private competition to thrive all while preset ing the landfill space. Hearing no further discussion, Chairman White called for a vote on the motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 719 Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to direct staff to proceed with working with Waste Industries to negotiate a sei ice contract,based on the Waste Industries letter dated September 12, 2013, to provide sei ices to transfer solid waste out of the County,while maintaining enough activity to keep the current permit valid, and to appoint rivo Commissioners to work with staff on the sei ice contract to include the strategies presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Barfield voted in opposition. In response to Board questions concerning the costs for full or partial deconstruction of the WASTEC facility, County Manager Chris Coudriet reported that the budget estimate for the Rill deconstruction of all buildings and/or structures to 3' below grade is less than $250,000. He advised that the portion of the facility to be deconstructed needs to be included in the sei ice agreement negotiations with Waste Industries. In response to Board questions concerning the insurance premiums on the WASTEC facility, County Manager Chris Coudriet confirmed that the premium is $185,000 annually and contains a requirement of guards 24/7. After discussion,the Board's consensus is to direct Risk Management staff to conduct a study on the cost to immediately self-insure the WASTEC facilit-v until such time as the decision is made on the ftiture of the facility. This will reduce the amount of the premium and do away with the requirement of security 24/7. In response to Board questions, Environmental Management Joe Suleyman reported that closure costs and post closure costs for the landfill,including the southern property, is approximately$80 million. PUBLIC HEARING AND APPROVAL TO AMEND ARTICLE IL• DEFINITIONS, ARTICLE V, SECTION 50.2,ARTICLE VII, SECTION 72-20,AND ARTICLE VIII, SECTION 81-1 OF THE ZONING ORDINANCE REGARDING CHILD DAY CARE CENTERS (A-413,09/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planner Ben Andrea presented the request by staff to amend the following sections regarding child day care centers of the zoning ordinance as follows: Article IL• Definitions • Child Care Center — An arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care, unless excluded by NCGS§110- 86(2). • Family Child Care Home—An arrangement located in a residence where, at any one time, more than two children,but less than nine children,receive child care,unless excluded by NCGS§110-86(2). Article V,Section 50.2: Tabulation of Permitted Uses • Family Child Care Home — permitted by-right in PD; R20S: R20: R15: RIO: R7; and RA zoning districts,by Special Use Permit in B1:132;and RFMU zoning districts. • Child Care Center—permitted by-right in PD; B1: 132; O&L and SC zoning districts: by Special Use permit in R20S:R20:R15:RIO:R7:11:12:RA;and RFMU zoning districts. Article VII,Section 72-20 A Family Child Care Home may be permitted in any residential district subject to the dimensional requirements of the district and provided: (1) The 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: (2) 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 rivelve (12) square feet. Article VIII,Section 81-1 Child Care Center-one(1)space per eight(8)participants. At their September 5, 2013 meeting, the Planuring Board voted 7-0 to recommend approval of the text amendment with no one from the public speaking in support or in opposition to the amendment. Noting that no one had signed up to speak in opposition to the request, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe,to amend Article IL Definitions, Article V, Section 50.2, Article VII, Section 72-20, and Article VIII, Section 81-1 of the Zoning Ordinance regarding child day care centers as presented finding that the request is: 1) consistent with the Land Use Plan; and 2)reasonable and in the public interest to make changes that clarifies existing language in the ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 17.10. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 720 BREAK Chairman White called for a break from 6:56 p.m.until 7:12 p.m. PUBLIC HEARING AND APPROVAL TO AMEND SECTION 62.1-10 OF THE ZONING ORDINANCE CONCERNING STREET YARD LANDSCAPING REGULATIONS TO ACCOMMODATE SIDEWALKS AND MULTI-USE PATHS(A-414,9/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planning and Zoning Supei visor Ken Vafier presented the request by staff to amend Section 62.1- 10 of the Zoning Ordinance concerning street yard landscaping regulations to accommodate sidewalks and multi-use paths highlighting the following changes: • 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. • Increase the minimum street yard 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. • 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 street yard area in order to accommodate these features within the site design. • Remove language limiting impei ious area within the street yard is also proposed to be removed as impei ious coverage during site design will be addressed via stormivater regulations. The Planning Board, at their September 5, 2013 meeting, voted 7-0 to recommend approval of the amendment with one modification adding the language regarding transit amenities with no one from the public speaking in support or in opposition to the proposed amendment. Chairman White noted that no one had signed up to speak in opposition to or in favor of the request. He closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to amend Section 62.1-10 of the Zoning Ordinance regarding street yard landscaping regulations to accommodate sidewalks and multi-use paths as presented finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest to make changes that clarifies existing language in the ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 17.11. PRESENTATION ON WAVE ROUTE COSTS AND APPROVAL TO FORGIVE THE 5133,000 LOAN PAYBACK Finance Director Lisa Wurtzbacher provided the Board with an overview of the October 3, 2013 work session regarding WAVE route costs highlighting the following: • Total trips in FY2013 - 1.5 million • Para-transit trips in FY2013 —60,000 • Para-transit in FY2013 costs-$1,132,000 made up mostly of salary,firel and insurance costs • Para-transit FY2013 revenues-$1,138,000 • The County's FY2014 contribution is$140,000 leaking a needed balance of$23,192 to cover para- transit costs • FY2014 budgeted estimated revenues excluding County contribution-$1,189,788 • FY2014 budgeted estimated expenditures-$1,352,980 • FY2014 estimated needed County contribution-$163,192 • WAVE loan amount from County-$133,000 • Route 207—North Route—allocated cost$423,773: County portion$75,835 • Route 107—College Road Route—allocated cost$317,000;County portion$19,454 • Route 301—Pleasure Island Route—allocated cost$170,000: County portion$41,845 Finance Director Wurtzbacher continued reporting that if the Board approves forgiving the loan payback in the amount of$133,000 then WAVE will be able to firlly fund para-transit routes and allow the three routes noted above to continue naming. After Board discussion concerning the need for WAVE to have a revenue stream in place and the importance of holding a joint meeting in January 2014 with the City of Wilmington and WAVE Board to determine the County's fixture finding role, Chairman White requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 7,2013 PAGE 721 Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to forgive the WAVE loan in the amount of$133,000 and direct staff to modify the interlocal agreement to reflect the Board's action as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda with the following presenting comments: • Jennifer Riker, Adult Day Seivices of Wilmington, spoke on seivices being suspended retroactive to October 1, 2013 due to the Federal govermnent shutdown and reported that they will continue to seine their clients with their staff donating a portion of their hours. • Karen Carter, resident at 333 Island Creek Drive, voiced her concern on the negative impact the proposed Titan cement plant project will have on property values and the enviromnent. • Linda Pearce, Elderhaus, voiced her concern how the suspension of finding due to the Federal govermnent shutdown will have on the clients that are being seined by their program. ADJOURNMENT There being no further business, Chairman White requested a motion to adjourn the meeting. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman White adjourned the meeting at 7:54 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com HC'Live or innr.lzhcgov.com pages.BOC%aspy