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HomeMy WebLinkAboutAgenda 2013 10-21 New Hanover County, North Carolina N � F October 21, 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 r 4 CHRIS COUDRIET,COUNTY MANAGER WANDA COPLEY,COUNTY ATTORNEY SHEILA SCHULT,CLERK TO THE BOARD OCTOBER 21, 2013 10:00 A.M. MEETING CALLED TO ORDER(Chairman Woody White) MOMENT OF SILENCE(Chairman Woody White) PLEDGE OF ALLEGIANCE(Vice-Chair Beth Dawson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Consideration of Wilmington Civitan Club Seventy-Fifth Anniversary Proclamation 3. Adoption of Food Day Proclamation 4. Adoption of Adoption Awareness Month Proclamation 5. Adoption of State Road Resolution 6. Adoption of a Resolution to Declare Radios Surplus Property and Approve Donation to New Hanover County Schools 7. Adoption of a Resolution Authorizing Entering Into Agreement to Extend UNCW Police Territorial Jurisdiction 8. Appointment of L. C. "Johnny" Johnson, III to the CoastalCare Area Board as the Representative from the Local Consumer and Family Advocacy Committee to a Three-Year Term Expiring June 30, 2016 9. Approval of August 2013 Amendment to Records Retention and Disposition Schedule - County Management as Presented by the N.C. Division of Archives and History 10. Acceptance of Award of a Two-Year Early Literacy Grant from PNC Bank for $75,000 11. Approval of Six Donations for Accession into the Museum's Permanent Collection 12. Approval of September 2013 Tax Collection Reports 13. A. Approval of Release and Refund for Tax Parcel R04915-001-016-000 B. Approval of Release and Refund for Tax Parcel R05100-003-043-000 REGULAR AGENDA ITEMS OF BUSINESS 14. Presentation of Services Awards to Retirees and Employees 15. New Hanover County ABC Board Annual Update 16. New Hanover County Zoning Board of Adjustment Annual Update 17. Consideration of a Resolution Supporting NCDOT Efforts to Pursue Safety Funds For Construction of a Landscaped Median on Market Street Between the Martin Luther King, Jr. Parkway and Station Road and Between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive Board of Commissioners Meeting 10/21/2013 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 10/21/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: DEPARTMENT: 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: Special Meeting held on October 3,2013 Agenda Review Meeting held on October 3,2013 Regular Meeting held on October 7, 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 4-0. Board of Commissioners Meeting 10/21/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Chairman White and Commissioner Wolfe CONTACT(S): Sheila L. Schult, Clerk to the Board and Nancy Pritchett SUBJECT: Consideration of Wilmington Civitan Club Seventy-Fifth Anniversary Proclamation BRIEF SUMMARY: The Wilmington Civitan Club is celebrating seventy-five years of service to New Hanover County and its citizens. 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: Civitan Club Proclamation 2013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION RECOGNIZING THE WILMINGTON CIVITAN CLUB'S SEVENTY-FIFTH ANNIVERSARY WHEREAS, the Wilmington Civitan Club was chartered on November 22, 1938 in the downtown Cape Fear Hotel with fifteen charter members; and WHEREAS, the Club has always been active in civic affairs, including the Azalea Festival, Brigade Boys Club and Soap Box Derby in the early days; and WHEREAS, members continue to serve in support of Special Olympics, the Salvation Army, the Good Shepherd Center, and other area programs for those with disabilities and needs; and WHEREAS, since 1953, over $600,000 has been awarded through college scholarships to high school seniors to assist youth in achieving their educational goals; and WHEREAS, the Club presents an annual Citizenship Award in recognition of outstanding community service by local citizens; and WHEREAS, the Club has been a major financial supporter of the Boys and Girls Home at Lake Waccamaw including participation in the construction of the first cottage there in 1958; and WHEREAS, the Wilmington Civitan Club has grown into a multi-faceted organization with continued dedication and commitment to the citizens of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners recognizes and honors the Wilmington Civitan Club for its outstanding and dedicated service over the past seventy-five years and thanks all members for their service to New Hanover County and its citizens. ADOPTED, this the 21st day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 2- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 3 DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner CONTACT(S):Wanda Coston and Chris O'Keefe,Planning and Inspections Director SUBJECT: Adoption of Food Day Proclamation BRIEF SUMMARY: Food Day is a nationwide movement and celebration to promote affordable,healthy and sustainable food that takes place each year on October 24. Food Day addresses issues as varied as hunger, health and nutrition, agricultural policy, animal welfare and farm worker justice. The ultimate goal of Food Day is to unify and strengthen the food movement in order to advance our nation's food policies. Chairman White and the City of Wilmington Council members will participate in Food Day Wilmington on Thursday, October 24, 2013 at 11:00 a.m.by presenting proclamations recognizing the day as Food Day in New Hanover County and the City of Wilmington. The main event will be held from 11:00 a.m. to 2:00 p.m. at the Amphitheater located in front of the Fisher Student Union on the UNCW campus, 601 South College Road,Wilmington. A full day of events are planned for the day and are free and open to the public. The day will end with the screening of the documentary A Place at the Table at 7:00 p.m. at McNeil Hall Auditorium on the UNCW campus. Event information is attached. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2013 Food Day Proclamation 2013 FD INVITATION 2013 FD MOVIE INVITATION 2013 FD EVENT SCHEDULE COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 10/21/2013 3-0 Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 3-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOOD DAY PROCLAMATION WHEREAS, the health and well-being of our citizens is of primary concern for New Hanover County; and WHEREAS, promoting safer, healthier diets is a critical factor in improving citizens' overall health; and WHEREAS, supporting sustainable family farms and local agriculture benefits the local economy; and WHEREAS, obtaining fair pay and safe conditions for food and farm workers is beneficial for both the producer and consumer so that the food we produce and consume is safe and fair for all; and WHEREAS, expanding access to food and reducing hunger is of critical importance to aid those who live in food deserts. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 24, 2013 be recognized as "Food Day" in New Hanover County. ADOPTED this the 21s' day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 3- 1 - 1 F009 D A-- Y You are cordially invited to FOOD DAY WILMINGTON Thursday, October 24, 2013 11 a.m. — 2 p.m. UNC Wilmington, Amphitheater Join the nationwide movement toward more healthy, affordable, and sustainable food. Please RSVP to .kcv6867@uncw.e I,u or 1 740) 616-4292 I-et' at Real' DOWNEAST UNCW. Board of Commissioners Meeting 10/21/2013 3-2- 1 You are cordially invited to the screening of Thursday,A PLACE AT THE TABLE 9 UNC Wilmington, McNeil Hall Auditorium c ri A Place at the Table is a documentary that explores America's current food system. Despite the fact that our nation has the means and resources to feed every hungry mouth, it's estimated that one in four American children doesn't get enough to eat. This film takes us into the lives of three people who wage a daily struggle against hunger, and speak with various experts about the possibility of ensuring that every American is well fed. Please RSVP to . . . .. .. .. ncw. . , or 1 - F009 DAY B-11a,csv.,rrzwc DOWNEAST �N!c ":J t,nc LC„N q} W Board of Commissioners Meeting 10/21/2013 3-3- 1 IF E T DOWNEAST -LNICWC IF 0 0 DAY WILMINGTON OCTOBER 24 , 2013 L J; Science IN THE Tjp'AL C Public Interest. omsmunfleg s E E K Tranformin a v NCAV COOPERATM EXTENSION UNCW GRUB MPUS INING I lc�flfl I "1"0 111�o I i I jw FARMWORK1,R NEW HAN0VFRCMNT'Y0- Board of Commissioners Meeting 10/21/2013 3-4- 1 F009 DAY OCTOBER 24, 2013 Food Day is a nationwide celebration and a movement toward more healthy, affordable, and sustainable food culminating in a day of action on October 24 every year. Food Day aims to help people `Eat Real', so use today to start—or celebrate—eating a healthier diet and educating yourself about our food system. Let's use Food Day to make a meaningful and long-lasting difference in Wilmington! Amphitheater, UNCW Campus 11:00– 11:30 Welcome Session and Proclamations Dr. Leslie Hossfeld, Chair and Professor of Sociology -Welcome Dr. Steve McNamee, Dean of the College of Arts and Sciences –Welcome Wilmington Council Members, Food Day Wilmington 2013 Proclamation NH County Commissioner Woody White, NH County Food Day 2013 Proclamation 11:30–2:00 Sustainable Food Fair Cooking Demonstrations featuring Local Food Local Food Eating Competition "I Eat Real!" Photo Booth Farm Worker Justice Mural Food Drive– Please bring a non-perishable item! Raffles and Prizes Long Leaf Pines Room, UNCW Campus– FUU 1041 9:30 am Ryanna Battiste, GRUB –"The Aftermath of Food" Food has the power to both harm and heal! Discover how what you eat affects you on every level. 11:30 am Natalie Hyatt, Farmworker Health Program–"Farm Worker Justice in NC" Screening and discussion of the film, "Harvest of Dignity". 12:30 pm Pat Delair, Hippocrates Health Educator–"Death By Food" Find out what is really in our food supply and what it is doing to our physical and mental health and the health of the planet. 2:00 pm Emily Kraft, Food Bank of CENC–"Food Insecurity in Southeastern NC" A panel discussion on what it means to be hungry in our community. Hear from UNCW students who took the "Food Stamp Challenge". Could you survive on $4.50 per day? Dubs Cafe, UNCW Campus–Warwick Center Lunch Special: A locally sourced dish, prepared by UNCW's talented chefs, will be featured at the Chefs Table. -ALL YOU CAN EAT for only $7.00 per person- Tidal Creek Cooperative, 5329 Oleander Dr 4 pm–6 pm `Wine-d'down and celebrate Food Day at Tidal Creek with wine tasting and refreshments. McNeil Hall Auditorium, UNCW Campus 7 pm–9 pm A screening of the documentary–"A Place at the Table"–Starring Jeff Bridges Despite the fact that our nation has the means and resources to feed every hungry mouth, it's estimated that one in four American children doesn't get enough to eat. This film takes us into the lives of three people who wage a daily struggle against hunger, and speak with various experts about the possibility of ensuring that every American is well fed. Board of Commissioners Meeting 10/21/2013 3-4-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 4 DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith,DSS Director and Wanda Marino, DSS Asssistant Director CONTACT(S):Wanda Marino SUBJECT: Adoption of Adoption Awareness Month Proclamation BRIEF SUMMARY: November is Adoption Awareness Month. A proclamation has been submitted for consideration and approval by the County Commissioners. 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: Adoption Awareness Proclamation 2013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 4-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION NOVEMBER 2013 WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption is a beautiful way to build a family; an estimated 52,000 children were adopted nationwide from a public agency in 2012; and WHEREAS, adoption is the goal for many special needs children in foster care; as of 2010 there are an estimated 104,000 children nationwide and 2,427 foster children in North Carolina waiting to be adopted; and WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an ongoing need for new foster and adoptive families; forty two children in New Hanover County found permanence through adoption this past year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2013 be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and fathers for their commitment to children. Furthermore, we encourage our community to honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress. ADOPTED this the 21"day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 4- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 5 DEPARTMENT: PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following roads and requesting the Board to adopt a resolution in support of adding the roads to the state system: Whispering Doe,Fawn Settle and Soaring Spirit Drives located within the Deer Crossing Subdivision(Phase 1, Section 4)in New Hanover County (Division File No. 1196-N). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Letter SR-2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 5-0 a RECEIVED 3.. .lr _ � STATE OF NORTH CAROLINA NHC 90cc DEPARTMENT OF TRANSPORTATION AT MCCRORY ANTHONY J.TATA SECRETARY September 30, 2013 Shelia Schult, Clerk New Hanover County Board of Commissioners 230 Government Center Drive, it 1 Wilmington, NC 28403 Subject: Addition to i Whispering , Fawn Settle iriDrives ( iv. File No: 11 Dear Ms. Schult: This i is i dering adding Whispering t o Spirit riv . Request for the roadway additions located i r Crossing ( I Section 4) subdivision in r County to the state system. After the consideration, if they concur With our recommendation, { fumish this with t county resolution it road name for our further handling. If I may be of further assistance, l vi . Sincerely, . L District i r AWLJdd Attachments: Copy of -1 Road Petition request fonn and locator map District Office 300 Division Dr.Wilmington NC 28401(910)251-2655 Fax(910)251.2759 Board of Commissioners Meeting 10/21/2013 5- 1 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description:Whispering Doe, Fawn Settle and Soaring Spirit Drives located within the Deer Crossing Subdivision (Phase 1, Section 4)in New Hanover County (Division File No. 1196-N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads)should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County ofNew Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the roads)for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 21st day of October, 2013. WITNESS my hand and official seal this the 21st day of October, 2013. Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. Board of Commissioners Meeting 10/21/2013 5-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 6 DEPARTMENT: Sheriff PRESENTER(S): Lisa Wurtzbacher,Finance Director CONTACT(S): Rhonda Smith, Chief SUBJECT: Adoption of a Resolution to Declare Radios Surplus Property and Approve Donation to New Hanover County Schools BRIEF SUMMARY: The County has forty (40) used Kenwood UHF radios that are being discontinued by the Sheriffs Office due to the fact that they are two-channel two-way radios. The Sheriff's Office uses a minimum of three channels and as much as 60 different channels on the 400 MHz radios. These radios are over ten (10) years old with an estimated value of$2,000 if sold at auction. Mr. Dave Spencer, Director of Safety/Hearing Board Office, New Hanover County Schools, has informed staff at the Sheriffs Office that they would like to acquire these radios to assist in the safety of students and staff. The radios would be assigned to schools which have indicated a need for additional radios either through requests or as a result of recommendations of the Vulnerability Assessment that was recently completed by the school system. North Carolina General Statute 153A-176 and 160A-280 permits the donation of any personal property including supplies, materials, and equipment that the Board deems to be surplus, obsolete, or unused to another governmental unit within the United States pursuant to a resolution adopted after the posting of a public notice of such at least five (5)days prior to the adoption of the resolution. A public notice was advertised in Star News on Friday, October 11, 2013 detailing the County's intent to donate the radios to New Hanover County Schools as required by law. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to declare radios surplus property and approve donation of property to New Hanover County Schools. ATTACHMENTS: Resolution Public Notice Board of Commissioners Meeting 10/21/2013 6-0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DONATION OF RADIOS TO NHC SCHOOLS WHEREAS, a request has been made from New Hanover County Schools for the donation of radios from the County to be used to enhance the safety of students and staff, and WHEREAS, pursuant to North Carolina General Statues 153A-176 and 160A-280, the County may donate to another governmental unit within the United States any personal property, including supplies, materials, and equipment,that the governing board deems to be surplus, obsolete, or unused pursuant to a resolution adopted after the posting of a public notice of such resolution at least five (5) days prior to its adoption; and WHEREAS, a public notice has been advertised as required prior to the adoption of this resolution approving the donation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County: 1. That the radios are declared surplus property. 2. That the donation of the radios to New Hanover County Schools is approved. 3. That County staff is directed to process any required documents to complete the transaction. ADOPTED this the 21st day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 6- 1 - 1 PUBLIC NOTICE At their meeting scheduled for Monday, October 21, 2013 at 10:00 AM, New Hanover County Board of Commissioners will consider a resolution to declare Kenwood radios surplus property and approval for them to be donated to New Hanover County Schools. The radios have an estimated value of$2,000. This meeting will be held at the New Hanover County Historic Courthouse located at 24 N. Third St., Wilmington, NC 28402. Published: Friday, October 11, 2013 Board of Commissioners Meeting 10/21/2013 6-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 7 DEPARTMENT: County Attorney PRESENTER(S): Ed McMahon, Sheriff CONTACT(S): Kemp Burpeau, Deputy County Attorney and Sheriff McMahon SUBJECT: Adoption of a Resolution Authorizing Entering Into Agreement to Extend UNCW Police Territorial Jurisdiction BRIEF SUMMARY: UNCW has requested that the County enter into interlocal agreements with campus law enforcement, authorizing university police to have law enforcement powers off campus. The areas of expanded jurisdiction will include locations such as the Courthouse, Jail, Juvenile Detention Center, Government Center, and Magistrates Office. Campus police will coordinate their activities in the expanded areas with the Sheriff. The agreement does not replace any existing Mutual Aid Agreements. The Sheriff supports the UNCW request. This is a renewal of an Interlocal Agreement originally approved on August 17, 2009. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution NHC Contract 14-0091 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 7-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING ENTERING INTO AGREEMENTS TO EXTEND UNCW POLICE TERRITORIAL JURISDICTION WHEREAS,pursuant to North Carolina General Statute 116-40.5,the UNCW Board of Trustees has established a Campus Law Enforcement Agency and employs campus police officers; and WHEREAS,pursuant to North Carolina General Statute 116-40.5(a), the Campus Law Enforcement Agency has territorial jurisdiction for property owned or leased by the University and that portion of any public road or highway passing through such property, wherever located and immediately adjoining it; and WHEREAS, pursuant to North Carolina General Statutes 116-40.5(b) and(c)the UNCW Board of Trustees may enter into agreements with the governing boards of municipalities and counties to extend the law enforcement authority of campus police officers into all or any part of a respective municipality or county juri sdiction beyond the property owned or leased by the university and that portion of any public road or highway passing through such property and immediately adjoining it; and WHEREAS, the UNCW Board of Trustees has determined that a limited extension of jurisdiction in certain circumstances may be necessary for the effective law enforcement for the protection of the campus and its students, faculty, staff and visitors; and WHEREAS,the Board of County Commissioners and Sheriff of New Hanover County are agreeable to such limited UNCW law enforcement extensions of jurisdiction pursuant to the terms and conditions of an interlocal agreement. NOW,THEREFORE,BE IT RESOLVED,that the Chairman of the Board of County Commissioners is hereby authorized to enter into an interlocal agreement with the University of North Carolina at Wilmington to extend law enforcement jurisdiction of campus police officers when on duty into certain areas of New Hanover County, and to determine the circumstances in which an extension and exercise of authority may occur pursuant to such interlocal agreement. ADOPTED this the 21st day of October, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 7- 1 - 1 NEW HANOVER COUNTY CONTRACT#14-0091 JOINT AGREEMENT TO EXTEND LAW ENFORCEMENT JURISDICTION OF THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON This Agreement entered this_day of 2013, by and between the County of New Hanover, hereinafter referred to as "County," and the University of North Carolina at Wilmington, a constituent institution of the University of North Carolina and an agency of the State of North Carolina, hereinafter referred to as "University." WHEREAS,the University has established a campus law enforcement agency pursuant to North Carolina General Statute §116-40.5(a)which gives university police officers all the powers of law enforcement officers generally and territorial jurisdiction over all property owned or leased by the University and that portion of any public road or highway passing through such property and immediately adjoining it, wherever located; WHEREAS,there is a close working relationship between the County and the University with respect to the function of law enforcement,which both parties desire to maintain; WHEREAS,the University and County recognize the need of the Campus Law Enforcement Agency to have a limited extension of its law enforcement authority beyond the territorial boundaries of the campus and those boundaries established by N.C.G.S. §116-40.5(a) and to determine the circumstances in which an extension of authority may be granted; WHEREAS, under North Carolina General Statute §116-40.5(c),the University's Board of Trustees desires to enter into an agreement with the governing board of New Hanover County to extend the law enforcement authority of campus police officers beyond property owned or leased by the University and that portion of any public road or highway passing through such property and immediately adjoining it; WHEREAS,the Board of Trustees of the University has authorized the Vice Chancellor for Business Affairs on behalf of the University to enter into a written agreement to extend the jurisdiction of the Campus Law Enforcement Agency pursuant to N.C.G.S. §116-40.5 (c) into certain portions of New Hanover County and under certain circumstances; WHEREAS,the Sheriff of New Hanover County has consented to extend the jurisdiction of the Campus Law Enforcement Agency pursuant to N.C.G.S. §116-40.5(c); WHEREAS, the governing board of New Hanover County has authorized the Chairman on behalf of New Hanover County to enter into this joint agreement for such extension of jurisdiction with the University; and NOW,THEREFORE, in consideration of their mutual interests,the County and the University agree that when the Campus Law Enforcement Agency's officers are on duty that they shall have all the powers vested in law enforcement officers by charter, policy, regulation, North Carolina statute or common law within New Hanover County in the following locations and circumstances. 1.0 Definitions 1.1 "Campus" shall mean all property owned or leased by the University with or adjacent to: 1.1.1 601 S. College Road as generally bounded by Randall Drive, College Acres Drive, Clear Run Drive, McMillan Avenue, Mallard Drive and Rose Avenue; 1 Board of Commissioners Meeting 10/21/2013 7-2- 1 NEW HANOVER COUNTY CONTRACT#14-0091 1.1.2 630 North MacMillan Avenue, and University-owned real property adjoining it; 1.1.3 803 S. College Road 1.1.4 the Center for Marine Science located at Marvin K. Moss Lane and certain properties located along Holt Road; 1.1.5 720 and 737 St.James Avenue; 1.1.6 Kenan House and Wise House located at 1705 and 1713 Market Street; 1.1.7 No. 8 North 17th Street 1.1.8 1700 Princess Street 1.1.9 4762 and 4758 College Acres Dr; and 1.1.10 Various leased properties. 1.2 "Campus Law Enforcement Agency" shall mean the UNCW Police Department. 1.3 "Head of Campus Law Enforcement Agency" shall mean the Chief of Police for the UNCW Police Department. 1.4 "NHSO" refers to the New Hanover County Sheriff's Office. 2.0 Extension of Authority of Campus Law Enforcement Agency beyond University Campus 2.1 The Campus Law Enforcement Agency shall have full law enforcement authority and jurisdiction when on duty in the following locations: 2.1.1 New Hanover County Courthouse, 316 Princess Street 2.1.2 New Hanover County Jail and Sheriff's Patrol Facility, 3950 Juvenile Center Road, Castle Hayne 2.1.3 Vice and Narcotics Office of the New Hanover County Sheriff's Office, 104 North 4th Street 2.1.4 Detective Division of the New Hanover County Sheriff's Office, 104 North 4th Street 2.1.5 New Hanover Regional Medical Center to include the Behavioral Health Hospital, with notification to Hospital police 2.1.6 Cape Fear Hospital, with notification to Hospital police 2.1.7 New Hanover Regional Juvenile Detention Center, 3830 Juvenile Center Road, Castle Hayne, with notification to N.C. Department of Juvenile Justice officer 2.1.8 North Carolina Department of Juvenile Justice and Delinquency Prevention, 138 North 4th Street 2.1.9 New Hanover County Government Center, 230 Government Center Drive 2.1.10 Any Magistrate Office 2.1.11 When traversing between Campus locations and an emergency response promotes public safety. 2.1.12 Within one thousand (1000)feet of any UNCW owned, controlled, or leased building or facility. 2.2 The Campus Law Enforcement Agency shall have full law enforcement jurisdiction when transporting a person in custody to or from any place within New Hanover County for that person to attend criminal court proceedings. 2.3 The Campus Law Enforcement Agency shall have full law enforcement authority and jurisdiction when on duty within New Hanover County when the Campus Law Enforcement Agency has an arrest warrant or order for arrest, or has knowledge of an outstanding order for arrest or an arrest warrant, charging an individual with an offense that was committed on University owned or leased property, provided that Campus Law Enforcement Agency gives prior notice to the NHSO pursuant to Section 2.6. 2.4 While on duty within the expanded boundaries pursuant to this Agreement, officers of the Campus Law Enforcement Agency shall have the same jurisdiction, powers, rights, privileges, and immunities as they normally possess. 2 Board of Commissioners Meeting 10/21/2013 7-2-2 NEW HANOVER COUNTY CONTRACT#14-0091 2.5 The Head of Campus Law Enforcement Agency, or designee, agrees to immediately notify the NHSO whenever he has reason to believe that a felony has occurred or is occurring within an area identified in 2.1 above or when they are in hot pursuit of a suspect within an area identified in 2.1 above. 2.6 The Head of Campus Law Enforcement Agency, or designee, shall notify NHSO of the intent to execute warrants and other legal papers off the Campus of the University and within the area identified in 2.1. 2.7 Nothing contained herein shall be construed as limiting or reducing NHSO's, any other law enforcement agency or any officer's common law or statutory authority conferred by the North Carolina General Statutes. 2.8 Nothing contained herein shall be construed as placing additional law enforcement responsibilities upon Campus Law Enforcement Agency 2.9 Campus Law Enforcement Agency will not conduct routine patrols in area of expanded jurisdiction 2.10 Campus Law Enforcement Agency will normally limit its enforcement activity in the area of expanded jurisdiction to crimes occurring in the campus officer's presence that threaten the safety of persons or property 2.11 Campus Law Enforcement Agency will not respond to routine calls for service in area of expanded jurisdiction 2.12 Campus Law Enforcement Agency will notify NHSO of arrests made by Campus Law Enforcement Agency in area of expanded jurisdiction for Part I Index Crimes 3.0 Authorization for Law Enforcement Joint Agreements 3.1 On April 24, 2009,the Board of Trustees of the University of North Carolina at Wilmington authorized by resolution the Vice Chancellor for Business Affairs to enter into an agreement with the County to extend the law enforcement authority of the Campus Law Enforcement Agency pursuant to N.C.G.S. §116- 40.5(c). See Resolution attached as Exhibit A to this Agreement and incorporated by reference. 3.2 On August 17, 2009,the governing board for New Hanover County authorized the Chairman to enter into an agreement with the University to extend its law enforcement jurisdiction to designated areas beyond the Campus pursuant to N.C.G.S. §116-40.5(c). See Resolution attached as Exhibit B to this Agreement and incorporated by reference. 4.0 Terms 4.1 This Agreement shall be effective at 12:00 a.m. on August26, 2013 and shall continue for a period of five years, until 11:59 p.m. on August 25, 2018. 4.2 Either party may terminate this Agreement upon written notice to the other party and for any reason. 4.3 This Agreement may be amended only in writing and signed by the parties' authorized representatives. 4.4 It is agreed that the University, its officers, employees, and agents have no employment relationship, joint venture nor partnership with the County. At all times while operating under the provisions of this Agreement,the Campus Law Enforcement Agency's employees shall remain university employees under the direct supervision and control of the University. 4.5 Without waiving sovereign immunity,the University shall remain responsible for the acts and omissions of its officers, employees and agents with regard to the implementation of this Agreement, subject to the limits, procedures and provisions of the North Carolina Tort Claims Act, N.C.G.S. §143-291, et seq. 4.6 This Agreement does not supersede or replace any Mutual Aid Agreement that may be in place or created subsequently between the parties, which is a separate and distinct document and intended for other purposes. 3 Board of Commissioners Meeting 10/21/2013 7-2-3 NEW HANOVER COUNTY CONTRACT#14-0091 IN WITNESS WHEREOF,the parties have executed this Agreement on the first date written above. University of North Carolina Wilmington: BY: Charles Maimone Vice Chancellor for Business Affairs New Hanover County: Edward J. McMahon Woody White Sheriff Chairman New Hanover County Board of Commissioners NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Sheila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, Woody White, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of ' 2013. Notary Public My commission expires: 4 Board of Commissioners Meeting 10/21/2013 7-2-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 8 DEPARTMENT: Commissioners PRESENTER(S): Chairman White CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Appointment of L. C. "Johnny" Johnson, 111 to the CoastalCare Area Board as the Representative from the Local Consumer and Family Advocacy Committee to a Three-Year Term Expiring June 30,2016 BRIEF SUMMARY: A vacancy exists on the CoastalCare Area Board for a family member of the local Consumer and Family Advocacy Committee (CFAC). Foster Norman, CoastalCare Area Director, is forwarding the recommendation from the CFAC for the appointment of Mr. Johnson. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Mr. Johnson to the CoastalCare Area Board. ATTACHMENTS: CoastalCare Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 8-0 4p f { S COMMITTEE APPOINTMENT COASTALCARE AREA BOARD 1VACANCY Category: Consumer and Family Advocacy Committee ("CFAC") Term: 3 Years expiring 6/30/16 ELIGIBLE FOR ' REAPPOINTMENT APPLICANT: L.C. "Johnny" Johnson, III I Attachments: Committee Information Sheets G.S. 122C-118.1 Application w/ letter from Foster Norman, Area Director 1 Board of Commissioners Meeting 10/21/2013 8- 1 - 1 COASTALCARE AREA BOARD Number of Members: 11 —21, 4 appointed by New Hanover County Board of Commissioners Terms: 3 years Regular Meetings: Fourth Thursday of every month at 4:00 p.m. at the Surf City Welcome Center, Surf City, NC. Statute or cause creating Board: NCGS Chapter 122C-118.1 Brief on the functions: CoastalCare is a local government public agency that provides management and oversight of mental health, intellectual/developmental disabilities, and substance use services through a provider network for the residents of Brunswick, Carteret, New Hanover, Onslow, and Pender counties. It is governed by an area board comprised of one county commissioner from each of the five CoastalCare counties. The Board of Commissioners from each county appoints the remaining representatives from each county to the area board. These remaining board members are citizens, which must include representatives of various constituent and professional groups specified by statutes governing CoastalCare. As the governing body, the area board exercises the powers and duties conferred by the General Assembly. TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION New Hanover County Beth Dawson County 12/17/12 Undesignated New Hanover County Commissioner 230 Government Center Drive Suite 175 Wilmington, NC 28403 798-7260 (NHC Office) Lee Andrew Jackson, Jr., Ph.D Psychology First 6/4/12 6/30/14 UNCW Psychology Department Professional 601 S. College Road Wilmington, NC 28403 962-3376 (W) 791-2946 (H) Avril Pinder, Assistant County Manager Financial SEMH 11/17/2009 New Hanover County Expertise First 6/4/12 6/30/15 230 Government Center Dr., Suite 165 Wilmington, NC 28403 798-7188 (W) 358-1026 (C) Vacancy Consumer and 6/30/13 Frederick Blankenhorn resigned 6/13 Family Advocate Committee (CFAC) Board of Commissioners Meeting 10/21/2013 8- 1 -2 COASTALCARE AREA BOARD (CONT.) TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Brunswick County J. Phillip Norris County First 6/12 Undesignated 1424 Ash-Little River Road Commissioner Ash, NC 28420 910-287-5900 (W)910-471-9638 (C) B. Joseph Causey, Jr. First 6/12 6/30/15 P. O. Box 189 Shallotte, NC 28459 910-232-7222(C) 910-755-6414(W) Richard Nubel First 6/12 6/30/14 231 E. Bay Street Southport, NC 28461 910-619-7207 (C) 910-457-4992 (H) Dr. George Saunders First 6/12 6/30/13 108 NE Middleton Avenue Oak Island, NC 28465 910-933-4142 (H) 910-499-0181 (W) Carteret County Jimmy Farrington County First 6/12 Undesignated P. O. Box 4102 Commissioner Emerald Isle, NC 28594 252-723-0002 (C) Sandy Brock First 6/12 6/30/15 111 Chelsea Circle Beaufort, NC 28516 252-728-2318 (H) Dorothy Childress, Chair 202 Mulligan Drive Peletier, NC 28584 252-393-2785 (H) 252-269-0530 (Cell) Lea Wolf First 6/12 6/30/13 308 Steamship Lane Newport, NC 28570 252-728-1542 (H) 252-808-6591 (W) Onslow County Jack Bright County First 6/12 Undesignated 149 Riggs Road Commissioner Hubert, NC 28539 4024 Richlands Highway Jacksonville, NC 28540 910-347-4717 (W) # Revised: 10/7/2013 Board of Commissioners Meeting 10/21/2013 8- 1 -3 S COASTALCARE AREA BOARD (CONT.) TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Sylvia Horne First 6/12 6/30/13 560 Cedar Fork Road Beulaville, NC 28518 910-324-4549 (H) Lindsey Russell First 6/12 6/30/14 110 Greenford Place Jacksonville, NC 28540 910-455-5657 (H) 910-467-6881 (C) Brock Ridge First 6/12 6/30/15 P.O. Box 113 Richlands, NC 28574 910-324-4395 (H)910-330-3403 (C) Pender County Vacancy County Undesignated Commissioner Don Hall First 6/12 6/30/14 4615 Highway 133 Rocky Point, NC 28457 PO Box 12282 Wilmington, NC 28405 910-200-2217 (C) 910-675-8984(H) Janice M. Nichols First 6/12 6/30/15 Cape Fear Elementary School 1882 NC Highway 133 Rocky Point, NC 28457 910-602-3767 (W)910-602-3922 (H) Susan S. Robbins First 6/12 6/30/13 200 Raccoon Road Willard, NC 28478 910-285-5426 (H) 910-604-1612 (C) CoastalCare Area Director: 6.12 Foster Norman File: /CoastalCare 3809 Shipyard Boulevard Wilmington, NC 28403 910-550-2555 (W)910-358-1808 (C) Glenda Potter, Clerk to Board 550-2556 Revised: 10/7/2013 Board of Commissioners Meeting 10/21/2013 8- 1 -4 § 122C-118.1. Structure of area board. (a) An area board shall have no fewer than 11 and no more than 21 voting members. The board of county commissioners, or the boards of county commissioners within the area, shall appoint members consistent with the requirements provided in subsection (b) of this section. The process for appointing members shall ensure participation from each of the constituent counties of a multicounty area authority. If the board or boards fail to comply with the requirements of subsection (b)of this section, the Secretary shall appoint the unrepresented category. The boards of county commissioners within a multicounty area with a catchment population of at least 1,250,000 shall have the option to appoint members of the area board in a manner or with a composition other than as required by this section by each county unanimously adopting a resolution to that effect and receiving written approval from the Secretary by January 1, 2013. A member of the board may be removed with or without cause by the initial appointing authority. The area board may declare vacant the office of an appointed member who does not attend three consecutive scheduled meetings without justifiable excuse. The chair of the area board shall notify the appropriate appointing authority of any vacancy. Vacancies on the board shall be filled by the initial appointing authority before the end of the term of the vacated seat or within 90 days of the vacancy, whichever occurs first, and the appointments shall be for the remainder of the unexpired term. (b) Within the maximum membership provided in subsection (a) of this section, the membership of the area board shall reside within the catchment area and be composed as follows: (1) At least one member who is a current county commissioner. (2) The chair of the local Consumer and Family Advisory Committee (CFAC) or the chair's designee. (3) At least one family member of the local CFAC, as recommended by the local CFAC, representing the interests of the following: a. Individuals with mental illness. b. Individuals in recovery from addiction. C. Individuals with intellectual or other developmental disabilities. (4) At least one openly declared consumer member of the local CFAC, as recommended by the local CFAC, representing the interests of the following: a. Individuals with mental illness. b. Individuals with intellectual or other developmental disabilities. C. Individuals in recovery from addiction. (5) An individual with health care expertise and experience in the fields of mental health, intellectual or other developmental disabilities, or substance abuse services. (6) An individual with health care administration expertise consistent with the scale and nature of the managed care organization. (7) An individual with financial expertise consistent with the scale and nature of the managed care organization. (8) An individual with insurance expertise consistent with the scale and nature of the managed care organization. (9) An individual with social services expertise and experience in the fields of mental health, intellectual or other developmental disabilities, or substance abuse services. (10) An attorney with health care expertise. G.S. 122C-118.1 Page 1 Board of Commissioners Meeting 10/21/2013 x 8- 1 -5 (11) A member who represents the general public and who is not employed by or affiliated with the Department of Health and Human Services, as appointed by the Secretary. (12) The President of the LME/MCO Provider Council or the President's designee to serve as a nonvoting member who shall participate only in Board activities that are open to the public. (13) An administrator of a hospital providing mental health, developmental disabilities, and substance abuse emergency services to serve as a nonvoting member who shall participate only in Board activities that are open to the public. Except as provided in subdivisions (12) and (13) of this subsection, an individual that contracts with a local management entity (LME) for the delivery of mental health, developmental disabilities, and substance abuse services may not serve on the board of the LME for the period during which the contract for services is in effect. No person registered as a lobbyist under Chapter 120C of the General Statutes shall be appointed to or serve on an area authority board. Of the members described in subdivisions (2) through (4) of this subsection, the boards of county commissioners shall ensure there is at least one member representing the interest of each of the following: (i) individuals with mental illness, (ii) individuals with intellectual or other developmental disabilities, and (iii) individuals in recovery from addiction. (c) The board of county commissioners may elect to appoint a member of the area authority board to fill concurrently no more than two categories of membership if the member has the qualifications or attributes of the two categories of membership. (d) Any member of an area board who is a county commissioner serves on the board in an ex officio capacity at the pleasure of the initial appointing authority, for a term not to exceed the earlier of three years or the member's service as a county commissioner. Any member of an area board who is a county manager serves on the board at the pleasure of the initial appointing authority, for a term not to exceed the earlier of three years or the duration of the member's employment as a county manager. The terms of members on the area board shall be for three years, except that upon the initial formation of an area board in compliance with subsection (a) of this section, one-third shall be appointed for one year, one-third for two years, and all remaining members for three years. Members shall not be appointed for more than three consecutive terms. (e) Upon request, the board shall provide information pertaining to the membership of the board that is a public record under Chapter 132 of the General Statutes. (2001-437, s. 1.11(b); 2002-159, s. 40(a); 2006-142, s. 4(e); 2007-504, s. 1.4; 2010-31, s. 10.7; 2012-151, s. 3(a).) Board of Commissioners Meeting 10/21/2013 # 8- 1 -6 CoastalCare 318CMU r 410 office mitnington office Morehead City Olfice 165 Center street 3809 Shipyard Blvd. 3820 B Bridges Street ]adwnvilie,NC 28546 Wlimkrgbon,NC 28403 Moreilesd Qty,NC 28557 (910)459.4815 (910)550-2600 (252)648-3100 September 30,2013 l( OAT 2 '; I Mr.Chris Couddet New Hanover County Manager NEw Hr.�IC) cc): g 'S UFF=lC� 230 Government Center Drive MANl,G[k Wilmington,North Carolina 28403 Dear Chris, As you know, N.C. G.S. 122c-118.1 identifies the required members of the Area Board. One of those requirements, 122c-11&1 (b) (3), Is at least one family member of the local CFAC, as recommended by the local CFAC, representing the interests of individuals with mental Illness, or individuals In recovery from addiction, or Individuals with intellectual or other developmental disabilities. The CoastalCare CFAC has Informed me that they are recommending Mr.Johnny Johnson as the family member representative of the local CFAC. Mr. Johnson Is a resident of New Hanover County; therefore, would be a New Hanover County appointment. You currently have one vacancy, as the term for Mr. Fred Blankenhorn ended on June 30, 2013. 1 recommend the appointment of Mr.Johnny Johnson and have enclosed his biography. If you need any other Information please let me know. Warm regards, .144& Y#10,#W Foster Norman Area Director FN/gp Enclosure Access to Care � Customer Services Board of Commissioners Meeting 10/21/2013 8- 1 -7 i NEW HANOVER COUNTY BOARD OF COMMISSIONERS f" 230 Government Center Drive,Suite 175 Wilmington,NC 28403 COMMITTEE APPLICATION , - Telephone(910)798-7149 FAX(910) 798-7145 Board/Committee: CoastalCare Area Board Name: L.C. "Johnny" Johnson, III E-Mail:.h g3i spec@ya oo.com Home Address: 2053 Albert Circle Wilmington, NC 28403 (Street) y (Zip Code) Mailing Address if different. (City) (Zip Code) Home Phone: "� Fax: Cell: 910-352-8855 Business: Years living in New Hanover County: 27 Male: ✓ Female: Race: _ Age- 68 (Information for the purpose of assuring a cross-section of the community) Do you have a family member employed by New Hanover County?If yes, name Employer. lw) A person currently employed by the agency or department for which this application is made,must resign his/her position with New Hanover County upon appointment,in accordance with Article Vl,Sec.4 of the New Hanover County Personnel Policy Furthermore,applicant should have no immediate family member employed by such agency or department. Occupation: W�f1m(T) Professional Activities: Volunteer Activities ��, Why do you wish to serve on this board/committee? Conflict of Interest: 9 a board member believes he/she has a nflict or potential conflict of inter st on a particular issue,that member should state this belief to the other members of his/her respective board during a public meeting. T e member should state the nature of the conflict,detailing that he/she has a separate,private,or monetary interest,either direct or indirect,in the issue under consideration. The member should then excuse himselfiherself from voting on the matter What areas of concern would you like to see addressed by this committee? ,atz, Qualifications for serving: Other municipal or county boards/committees on which you are serving: /C = RECEIVED List three local personal references and phone numbers: 9 �^ OCT -7 2013 PA 2. 3. �/ 2 2 October 7, 2013 Date: Signature Applications are kept on file for 18 months I understand that any board o4=5 i e p intee may be removed without cause by a majority of Cou mmissioners. Please use reverse side for additional comments Board of Commissioners Meeting 10/21/2013 8- 1 -8 L.C. "Johnny"Johnson III Obtained a Bachelor of Science degree in Industrial Engineering from Virginia Polytechnic Institute(VPI).Also completed the Duke Non-Profit Management Certificate Program.I have an extensive background in budgeting, business planning, cost reporting/analysis,operations management/supervisory experience,fundraising and an understanding of business practices and fundamentals. My most recent work career prior to retirement included the following positions: Founding Director of First in Families(FiF)of SE NC—a non-profit providing assistance to indhiduals with developmental disabilities-2000 to 2011; Administration/Operations Manager of Polymer Recycle and RDC Services- 1989 to 2001; Director of Financial Planning/Control for the Brunswick Nuclear Plant Carolina Power&Light- 1976 to 1989. A Christmas gift of a poster from my daughter,best explains my community involvement. The poster stated—"If you want to be happy for an hour—watch a TV show. If you want to be happy for a week—take the family to Disney.If you want to be happy for a lifetime—go out and help someone." Some of my past volunteer and community service projects include: St.John's Museum of Art— Treasurer; Community Living Wilmington; Cape Fear Volunteer Center;Advisor-Cape Fear Power Club—Self Advocacy Group for adults with developmental disabilities;Junior League of Wilmington—Advisory Board; United Way Community Investment Team;New Hanover& Brunswick County Emergency Food& Shelter Program Board Member; CARE(Coastal Aids Resource Effort)founding member and Creative Wilmington Board Member. In 20011 received the NHC Human Relations Commission "Man ofthe Year"Award and in 2008 received UNCW's 3rd Annual "Clarence Award"for community service. My fundraising efforts have benefited many groups,both inside and outside our community. A few are as follows: St.John's Museum of Art-Capital Campaign;Planned/Funded numerous social events for the local adult population with developmental disabilities; Produced two major AIDS benefits to fund CARE-- "An Evening with Bill Strickland&Friends" and "An Evening on Broadway"; Produced "Mannekin" -a Bryan Putnam original musical concerning the homeless which funded the Good Shepherd House, "Celebration of Voices" -operatic benefit for WHQR and "A Musical Wish"to fund the Make A Wish Foundation; Produced 10 annual "Caring Hearts Auctions"to fund the Heifer Project,Christmas for Local Kids Infected/Affected by HIV/AIDS and FiF of SE NC.While directing FiF I raised approximately$2.25 million in cash and in-kind contributions for local families. My current community leadership involvement includes: Consumer and Family Advisory Committee(CFAC)Treasurer; NHC Arboretum's Ability Garden—Advisory Board; UNCW's Osher Lifelong Learning Institute(OLLI) — focusing on lifelong learning opportunities for adults aged 50 and older; and the newest board member of the disAbility Resource Center. Even with all of my volunteer and community involvement I continue to place top priority in being involved with my family and take pride in being the best grandfather,father,father-in-law and friend I can possibly be. Board of Commissioners Meeting 10/21/2013 8- 1 -9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21,2013 CONSENT ITEM: 9 DEPARTMENT: PRESENTER(S): Sheila L. Schult,Clerk to the Board CONTACT(S): Sheila L. Schult,Clerk to the Board SUBJECT: Approval of August 2013 Amendment to Records Retention and Disposition Schedule - County Management as Presented by the N.C.Division of Archives and History BRIEF SUMMARY: In August 2013, the N.C. Division of Archives and History issued amendments to the 2013 Records Retention and Disposition Schedule-County Management as follows: 1 Changes retention period for Escheat and Unclaimed Property reports filed after July 2012. 1 Clarifies language for retention period of employee eligibility records to match U.S. Code. By State Statutes the amendment to the schedule must be approved by the Board of Commissioners before distributing to departments for retention and disposal of records. North Carolina record and retention schedules can be viewed on the North Carolina Department of Cultural Resources website - www.NCDCRgov. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the August 2013 Amendment to Records Retention and Disposition Schedule - County Management as presented by the N.C.Division of Archives and History. ATTACHMENTS: Approval Sheet for August 2013 Amendment to Records Retention and Disposition Schedule - County Management COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 9-0 t County Management Records Retention Schedule Amendment Amending the County Management Records Retention and Disposition Schedule published April 15, 2013, STANDARD 4.BUDGET, FISCAL AND PAYROLL RECORDS Amending Item 32 Escheat and Unclaimed Property File as shown on substitute page 25, STANDARD 11.PERSONNEL RECORDS Amending Item 19 Employee Eligibility Records as shown on substitute page 76, APPROVAL RECOMMENDED defdministra&e 6ff icer/ Sarah E, Koonts, Director County Manager Division of Archives and Records APPROVED Chairman, Bd.County Commissioners Susan W.Kluttz,Secretary Department of Cultural Resources NC Division of Archives and Records- Amendment: August 28,2013 New•Hanover County Approved by New Hanover County: County/Region October , 2013 Board of Commissioners Meeting 10/21/2013 9- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 10 DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director CONTACT(S): HarryTuchmayer, Library Director SUBJECT: Acceptance of Award of a Two-Year Early Literacy Grant from PNC Bank for$75,000 BRIEF SUMMARY: The PNC Financial Literacy Grant ($75,000 over two years) will allow the library to provide materials and programs to enhance financial literacy skills for educators and families with young children (ages 3-5). The first installment of the grant is $36,200 and no local match is required, and no new positions are necessary. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the grant and adopt the ordinance for budget amendment 14-021. ATTACHMENTS: Budget Amendment 14-021 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 10-0 AGENDA: October 21,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 021 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 14-021 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): Support programs to improve educational performance Provide health/wellness education,programs, and services Fund: General Fund Department: Library Expenditure: Decrease Increase Library $36,200 Total $0 $36,200 Revenue: Decrease Increase PNC Foundation Grant $36,200 Total $0 $36,200 Section 2: Explanation The PNC Foundation has awarded the Library a two year grant in the amount of$75,000. The grant will be used to educate and offer experiences to enhance financial literacy skills of families with children ages 3-5 in New Hanover County. This budget amendment will increase the FY14 budget for the first year of the program. No County match is required for the grant. 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 14-021, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 21st day of October,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schuh, Clerk to the Board Board of Commissioners Meeting 10/21/2013 10- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 1 1 DEPARTMENT: PRESENTER(S): Ruth A. Haas,Museum Director CONTACT(S): Ruth A. Haas SUBJECT: Approval of Six Donations for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval are six donations to be added to the Museum's permanent collection. Donations are carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection,potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the Director and Collection's Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board meeting on September 18, 2013. Each item offered has a special story to preserve.From an early 1900s lumbering tool used in Pender County, to everyday household items from 1950s Wilmington,the objects document 300 years of the region's stories. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Move to accept six donations of regional artifacts into the Cape Fear Museum Permanent Collection. ATTACHMENTS: Accession Chart COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. 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CA 4' O , Y s O 'C W w A CA � 00 o �q Board of missioners Meeting 5 U/21/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 12 DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell SUBJECT: Approval of September 2013 Tax Collection Reports BRIEF SUMMARY: Tax collection reports for the month of September 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: September 2013 Collection Reports COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 12-0 00 l0 1, M 00 N Ln M I� 00 M M 1l N N N r1 l0 M N l0 r-I 00 l0 00 6 4 N rl: Ln r1 r1 00 N 6 N Ln 4 Ln Ln Ln 1- Ln Ol r1 r1 1- M 00 Ln �t M M M M lb Ol r, rl Ln N O N Ol Ol M M r1 r1 0) r1 O r1 -:F l 6 N -:F Ol Lr� 00 O 00 00 l0 M rl C O rl 00 l0 v N 1 N M l0 N 00 C O 0) 0) M l0 N rl N Ol OM lfl Lr v Ln rn E Ln O c-I r1 r1 00 O U U t/)- t/)- t/)- r1 r1 00 -:t O lO 00 00 O M N M N Lq l0 N -4 N lO r1 Ln N M m Ri 00 00 r1 w Ln 00 N Ln O 00 1� O � O 00 1� r1 N r M N N lO Rt 00 y r1 00 M N M r1 r1 N 0) l0 Ri Ln l0 0) r1 r1 0) 0) 00 r1 M U M rl Ln M N Lr U O 00 rl Ln 6 l0 l0 S 0) l0 N v M \ S lO r1 M Rt Ln Rt N rl rl 00 M N R:J -::I Ln r1 1, > M M ri > N N v rl 0 M R M M lfl O M 00 M rl l0 N M 1" Rzj: M lfl 01 M M 00 11l N N 00 O Rzj: lfl m Ln r1 O M 4� r N N 1 Ln m Rt M O r1 4� r-1 00 M l0 N 00 :1- 00 N N Ol Cl I� LfI I� � cr r1 Ln Ln 1, r-4 O Q rl N 0) :1- Rt Q 00 lD O O 0) O 0) o O r1 r-4 0) N O l0 L rl O r1 0) L rl O N 00 ri Ol Ol 00 Ln N N v rl O (6 r-i 76 N 1= r1 1= O O E d d G/ G/ N L 0) 0) l0 l0 O N 0) l0 M Ln LfI M O O 00 0) 0) 00 0) l0 M N N O M M M Rt Ln l0 M O Ln r- O M X 6 6 00 1-� L M Rt M Rt lO O r- N 00 M 00 Rt M 0) O Ln Ln Ln l0 00 N Ln 00 r1 l0 Rt Rt lO r- N LN rT O Ln T O 00 l0 M rl N M 0) 1" N o (p M Rt 0) r- O M N � r1 Ln l0 0) � N M M O O W 0) Ol O 00 LU rl rl rl O M M rl N rl rl rl I� O U T O O N V-1 G/ v 0 rM.� R C O N R M U O p m O O p a i N O m U O O m > 4- a' N G/ N C G/ C O — N N X C � 'a C i R N N � C � 'a m ++ m E m o 0 � +; ai E J ° 0 x N i _ N u N 3 v O O n O U -0 -0 O O 3 Z U Ln Q Q H U O U a cn Q Q H U O Board of Commissioners Meeting 10/21/2013 12- 1 - 1 l0 00 M I, r, lfl M N to r, M 00 N M �t M l0 M O R:j: r" 00 Uf Ol Ol ri ri M I" O ri 00 M M 0...0F Ol I" O N Rt Ln Rt M c-I l0 Ln I- N M Ln .V O O M O l0 Ln ri N N ri 0o Ol Ln Rt Ln l0 N I- r Ol O Ol Rt O Rt r- RZF 00 M Ol l0 v N 00 N l0 Ol O I� M c-I r-I N Ol \ 00 00 Ln ri ri N N Il � °* N N N 00 00 I� O O O O U U I� O ri 00 to 00 -:t M ri Rt r- lO Ol Ol N N O M Lq Il 00 Ol Lq 00 O ri Ol 00 N I� Ol ri O Ri Ln O m Ri N l6 00 Ri N N Ln Ri ri 00 M M 00 ri N O l0 Rt ri M 00 lO 00 Ln O O Ol c I O l0 Lr R N 00 ri rl N M O Ol U N ri O lO v M o U 00 c-I I� � Lr Lr N S N N N Ol S N N M 00 N N ri N ; ri i r O Ln O M O N L M Ln Ln M N ri O N Ln m N Rt lO Q) Il ri rl 00 l0 N O i 00 R i Rt ri M M Ln > 4 M 00 N 6 N 6 > Uf O L6 l0 ri I-� l6 E >= Ol M r-I M � >_ O M rl N 00 l0 M y N O ri ri Il Ol v rl N Ln Rt O Ol M I- ri Q. C M c-I c-I l0 Q" � T T 00 O L O O Ol 0 0 Ol Ol 00 N d r- lO O d O �6 r": -Fu .� C O C +, O O O N a a I= O t/� t/� t/� t/� t/� t/� t/� t/� t/� t/� V,, V,, O VlO M M lO M Il O Rt O -:1- M cI O l0 N M Lq 00 l0 O l0 Ol i N Lq i I" M ri M lfl N o I, m 00 Ln Ln N Il Rt N O N 00 Q O ri Ln -:t 3 c-I l0 Ol I- ri ri r- M O u N R:J M lfl � N R:J N Lr Rt ri N N lO r- > +, m l0 r, Ln N +, Ln Lr v M M O Ol O O M lO lO N Rt c-I Ln M N Ln I� lO Ln LU W CO � 06 G V .y Vl G/ L LL N > O y N O N C R C N R M i N = 0 0�0 u U p 0 0�0 U > +' 4' �n d VI a+ N O O O O C c N N i C C >• N R ++ O O R .2 � 0 .0 N O O > .O w m 0 ++ N E E J 0 ar U N 4a U O i _ O N U N O 2 i a N +� Ln N +1 7_ t6 N +� �n / L 0 M � 'L -W D O 0 -W � 'L D O 3 U -Q i O O 3 O L U - 05 3 z v Q Q v O v a Q Q u O Board of Commissioners Meeting 10/21/2013 12- 1 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 CONSENT ITEM: 13 DEPARTMENT: PRESENTER(S): Roger Kelley,Tax Administrator CONTACT(S): Roger Kelley SUBJECT: A.Approval of Release and Refund for Tax Parcel R04915-001-016-000 B.Approval of Release and Refund for Tax Parcel R05100-003-043-000 BRIEF SUMMARY: A. The property consists of two parcels. The restaurant was being taxed on R04915-001-015-000 and also on R04915-001-016-000 for more than seven years. Adjustment made for current year and previous five years under G.S. 105-381(a)(1). B. The dwelling was valued as a 1 1/2 living area, but upper floor isn't finished. This was new construction for this year. Adjustment made for 2013 under G.S. 105-325 (a)(6). STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve release and refund. ATTACHMENTS: A. Release G.S. 105-381 (a)(1) B. Release G. S. 105-325 (a)(6) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 13-0 Refund of: Owner: Gosa Hospitality tea 07/16/13 R04915-001-016-000 r Market St Wilmington NC Refund gears Applicable YOor Original Difference $3,473,400 $0 x 2012 $4,447,100 $3,915,700 , x 2011 , ,7 -$453,555 x 2010 $4,154,507 , , -$453,555 x 20019 $4,154,507 , , x 2008 $3,061,916 $2,608,361 -$453,555 Notes: v r for 2013. Refund from 2012 back to Performed By: James Paulk Date Completed and Delivered. Delivered To: Jniebauer Board of Commissioners Meeting New Hanover 10/21/2013 13- 1 - 1 § 105-381. Taxpayer's remedies. (a) Statement of Defense. - Any taxpayer asserting a valid defense to the enforcement of the collection of a tax assessed upon his property shall proceed as hei;einafter provided.. (1) For the purpose of this subsection, a valid defense shall include the following: a.- A tax imposed through clerical error; b. An illegal tax; C. A tax levied for an illegal purpose. (2) If a tax has not been paid, the taxpayer may make a demand for the release of the tax claim by submitting to the governing body of the taxing unit a written statement of his defense to payment or enforcement of the tax and a request for release of the tax at any time prior to payment of the tax. (3) If a tax has been paid, the taxpayer, at any time within five years after said tax first became due or within six months from the date of payment of such tax, whichever is the later date, may make a demand for a refund of the tax paid by submitting to the governing body of the taxing unit a written statement of his defense and a request for refund thereof. (b) Action of Governing Body. - Upon receiving a taxpayer's written statement of defense and request for release or refund, the governing body of the taxing unit shall within 90 days after receipt of such request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct tax liability or notify the taxpayer in writing that no release or refund will be made. The governing body may,by resolution, delegate its authority to determine requests for a release or refund of tax of less than one hundred dollars ($100.00) to the finance officer, manager, or attorney of the taxing unit. A finance officer, manager, or attorney to whom this authority is delegated shall monthly report to the governing body the actions taken by him on requests for release or refund. All actions taken by the governing body or finance officer, manager, or attorney on requests for release or refund shall be recorded in the minutes of the governing body. If a release is granted or refund made, the tax collector shall be credited with the amount released or refunded in his annual settlement. (c) Suit for Recovery of Property Taxes. - (1) Request for Release before Payment. - If within 90 days after receiving a taxpayer's request for release of an unpaid tax claim under (a) above, the governing body of the taxing unit has failed to grant the release, has notified the taxpayer that no release will be granted, or has taken no action on the request, the taxpayer shall pay the tax. He may then within three years from the date of payment bring a civil action against the taxing unit for the amount claimed. (2) Request for Refund. - If within 90 days after receiving a taxpayer's request for refund under (a) above, the governing body has failed to refund the full amount requested by the taxpayer, has notified the taxpayer that no refund will be made, or has taken no action on the request, the taxpayer may bring a civil action against the taxing unit for the amount claimed. Such action may be brought at any time within three years from the expiration of the period in which the governing body is required to act. (d) Civil Actions. - Civil actions brought pursuant to subsection (c) above shall be brought in the appropriate division of the general court of justice of the county in which the taxing unit is located. If, upon the trial, it is determined that the tax or any part of it was illegal or levied for an illegal purpose, or excessive as the result of a clerical error,judgment shall be rendered therefor with interest thereon at six percent (6%) per annum, plus costs, and the Board of Commissioners Meeting 10/21/2013 13-2- 1 Release of: Owner: Christopher & Myra Weare Date: 09/10/13 PID# R05100-003-043-000 Address: 656 Caicos Ct. JUR: WM Release Years Applicable Year Orignal Assessed New Assessed Difference 2014 $421,300 $421,300 $0 X 2013 $488,600 $421,300 -$67,300 2012 $0 $0 $0 2011 $0 $0 $0 2010 $0 $0 $0 2009 $0 $0 $0 Notes: Dwelling does not have an upstairs above main living area. 1.0 story versus 1.5 story. Performed By: Chris Boney Date Completed and Delivered: 09/10/13 Delivered To: Rkel ley Board of Commissioners Meeting Wilmington 10/21/2013 13-3- 1 § 105-325. Powers of board of county commissioners to change abstracts and tax records after board of equalization and review has adjourned. (a) After the board of equalization and review has finished its work and the changes it effected or ordered have been entered on the abstracts and tax records as required by G.S. 105-323, the board of county commissioners shall not authorize any changes to be made on the abstracts and tax records except as follows: (1) To give effect to decisions of the Property Tax Commission on appeals taken under G.S. 105-290. (2) To add to the tax records any valuation certified by the Department of Revenue for property appraised in the first instance by the Department or to give effect to corrections made in such appraisals by the Department. (3) Subject to the provisions of subdivisions (a)(3)a and (a)(3)b, below, to correct the name of any taxpayer appearing on the abstract or tax records erroneously; to substitute the name of the person who should have listed property for the name appearing on the abstract or tax records as having listed the property; and to correct an erroneous description of any property appearing on the abstract or talc records. a. Any correction or substitution made under the provisions of this subdivision (a)(3) shall have the same force and effect as if the name of the taxpayer or description of the property had been correctly listed in the first instance, but the provisions of this subdivision (a)(3)a shall not be construed as a limitation on the taxation and penalization of discovered property required by G.S. 105-312. b. If a correction or substitution under this subdivision (a)(3) will adversely affect the interests of any taxpayer, he shall be given written notice thereof and an opportunity to be heard before the change is entered on the abstract or tax records. (4) To correct appraisals, assessments, and amounts of taxes appearing erroneously on the abstracts or tax records as the result of clerical or mathematical errors. (If the clerical or mathematical error was made by the taxpayer, his agent, or an officer of the taxpayer and if the correction demonstrates that the property was listed at a substantial understatement of value, quantity, or other measurement, the provisions of G.S. 105-312 shall apply.) (5) To add to the tax records and abstracts or to correct the tax records and abstracts to include property discovered under the provisions of G.S. 105-312 or property exempted or excluded from taxation pursuant to G.S. 105-282.1(a)(4). (6) Subject to the provisions of subdivisions ,(a)(6)a, (a)(6)b, (a)(6)c, and (a)(6)d, below, to appraise or reappraise property when the assessor reports to the board that, since adjournment of the board of equalization and review, facts have come to his attention that render it advisable to raise or lower the appraisal of some particular property of a given taxpayer in the then current calendar year. a The power granted by this subdivision (a)(6) shall not authorize appraisal or reappraisal because of events or circumstances that have taken place or arisen since the day as of which property is to be listed'. b. No appraisal or reappraisal shall be made under the authority of this subdivision (a)(6) unless it could have been made by the board of Board of Commissioners Meeting 10/21/2013 13-4- 1 equalization and review had the same facts been brought to the attention of that board. C. :f a reappraisal made under the provisions of this subdivision (a)(6) demonstrates that the property was listed at a substantial understatement of value, quantity, or other measurement, the provisions of G.S. 105-312 shall apply. d. If an appraisal or reappraisal made under the provisions of this subdivision (a)(6) will adversely affect the interests of any taxpayer, he shall be given written notice thereof and an opportunity to be heard before the appraisal or reappraisal shall become final. (7) To give effect to decisions of the board of county commissioners on appeals taken under G.S. 105-322(a). (b) The board of county commissioners may give the assessor general authority to make any changes authorized by subsection (a), above, except those permitted under subdivision(a)(6), above. (c) Orders of the board of county commissioners and actions of the assessor upon delegation of authority to him by the board that are made under the provisions of this section may be appealed to the Property Tax Commission under the provisions of G.S. 105-290. (1939, c. 310, s. 1108; 1971, c. 806, s. 1; 1973, c. 476, s. 193; 1987, c. 45, s. 1, c. 295, s, 8, c. 680, s. 6; 1989, c. 176, s. 2.) Board of Commissioners Meeting 10/21/2013 13-4-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 REGULAR ITEM: 14 DEPARTMENT: PRESENTER(S): County Commissioners and Chris Coudriet, County Manager CONTACT(S): Tracy Dawson, Human Resources Specialist SUBJECT: Presentation of Services Awards to Retirees and Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution • Create and support an engaged workforce RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: August September October Retirees and Service Awards COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards. COMMISSIONERS'ACTIONS: Presented service awards. Board of Commissioners Meeting 10/21/2013 14-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Cedric Dickerson,New Hanover County ABC Board Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board,and Dan Sykes,ABC Board Chief Executive Officer SUBJECT: New Hanover County ABC Board Annual Update BRIEF SUMMARY: The New Hanover County ABC Board will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: New Hanover County ABC Board Information New Hanover County ABC Board Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS'ACTIONS: Heard presentation. Board of Commissioners Meeting 10/21/2013 15-0 NEW HANOVER COUNTY ABC BOARD Number of Members: 5 - Chairman designated by County Commissioners Term of Office: Three years - may be reappointed Regular meeting: Third Tuesday of every month at 8:30 a.m. at the ABC General Office, 523 S. 17th Street, Wilmington, NC. Compensation: $300 per month for Chairman and $250 per month for other members, effective 2/18/2013. Statute or cause creating Board: N. C. General Statutes 18B-700; increased membership from 3 to 5 members effective 10/1/2010. Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment, knowledge, ability and good moral character. Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including employees' salaries. 3) Hire general manager to oversee day-to-day operation of the system. 4) Buy or lease property for the system. 5) Review reports and perform other duties in accordance with 18B-701. 7) Board is an independent entity of the State. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Cedric Dickerson, Chairman First 5/3/10 (eff. 7/1/10) 6/30/12 356 Harlandale Drive Second 6/18/12 6/30/15 Wilmington, NC 28411 686-2764 (H) 617-8389 (C) 395-4064 (W) Augustus Codington Everett, Jr. First 10/18/10 6/30/13 4001 Providence Court Second 6/17/13 6/30/16 Wilmington, NC 28412 392-6226 (H) 619-7900 (C) 762-6452 (W) Robert W. Martenis, Vice-Chairman First 10/18/10 6/30/13 9004 St. Stephens Place Second 6/17/13 6/30/16 Wilmington, NC 28412 313-1312 (H) 297-6800 (C) David I. Matthews First 4/19/10 (eff. 7/1/10) 6/30/11 1523 Landfall Drive Second 6/20/11 6/30/14 Wilmington, NC 28405 256-3271 (H) Thomas Wolfe First 4/19/10 (eff. 7/1/10) 6/30/13 3739 Reston Court Second 6/17/13 6/30/16 Wilmington, NC 28403 392-0654 (H) 228-8569 (C) 784-9800 (W) Board of Commissioners Meeting 10/21/2013 15- 1 - 1 NEW HANOVER COUNTY ABC BOARD (Continued) CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION New Hanover County Ex. Officio Members: Avril Pinder, Assistant County Manager Appointed 4/19/10 Wanda Copley, County Attorney Dan Sykes, Chief Executive Officer (4/2010) New Hanover County ABC Board File: /ABC 523 South 17th Street B/C #1 —6.13 Wilmington, NC 28401 910-762-7611 Fax: 343-0491 Revised: 6/19/13 Board of Commissioners Meeting 10/21/2013 15- 1 -2 O ruA-J o ^K�A CIA CIA Q L ;h-o O OQ� Q� Board of Commissioners Meeting 10/21/2013 15-2- 1 V1 O N 0 N O � ct U $7—; 4) M ct rT� ct cz p •r+ ct W ct ct W u x z Board of Commissioners Meeting 10/21/2013 15-2-2 O U Cc c N ct �� ;_� ct �� -,= ct U U U • bA � •tab o ct ct U „ u ¢ ct U 1:71 Ct V] ct ct ct 302 C� x h+l Board of Commissioners Meeting 10/21/2013 15-2-3 ct ct U � rz� U N x O �, vs ct U O t ° ct ct a� O ct O \ cl ct � ct O ct ct 0 Board of Commissioners Meeting 10/21/2013 15-2-4 ct ct un ct 0 . N ct O ct ct0 00 x Board of Commissioners Meeting 10/21/2013 15-2-5 U � ct c 0 oCIS C-2 ct O N O 'O ' � N n � N U ct U ct ct ct M ct N N U U 3 o 0 ct �700 ►-� ►-� z Board of Commissioners Meeting 10/21/2013 15-2-6 •FEW •FEW •FEW M O4 N l\ OM4 1 •r� M_ N ct G4 U ct ct ct _ o 0 ct �--' ct o o •'� c ct o o 0 0 0 . � ct U ct Z � W Board of Commissioners Meeting 10/21/2013 15-2-7 M� ct O v 00 Ct O p � un .PLO ct PENN ct �C [-� M a� c Board of Commissioners Meeting 10/21/2013 15-2-8 N O � ' ct M � � M U ct ct ct 4� C4:; 7 , CA ct O� O � � v ct v1 ..� O ct v N ct o N ct N O ct ct I N ct o ' _ o ct O N kn 0 x 3 Board of Commissioners Meeting 10/21/2013 15-2-9 V O . ^, ct � O 7� o ct � o ct M N •Z' N �' .� cn U rz� ct c, cn ct • �--� ►—� -- ct W x z Board of Commissioners Meeting 10/21/2013 15-2- 10 . � � U ct ct ct ct ;-j N ct ct ct ct M O ct a) $:� cli ct ct N N C' ct ct � o Board of Commissioners Meeting 10/21/2013 15-2- 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 REGULAR ITEM: 16 DEPARTMENT: PRESENTER(S): Justin Lewis,New Hanover County Zoning Board of Adjustment Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board and Chris O'Keefe, Planning & Inspections Department Director SUBJECT: New Hanover County Zoning Board of Adjustment Annual Update BRIEF SUMMARY: The New Hanover County Zoning Board of Adjustment will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: New Hanover County Zoning Board of Adjustment Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS'ACTIONS: Heard presentation. Board of Commissioners Meeting 10/21/2013 16-0 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT Number of Members: 5 plus three alternates Ex-Officio: Planning Director Term of Office: 3 years Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC. Compensation: $20.00 per member per meeting plus auto mileage Statute or cause creating Board: N.C. General Statutes 153-A-345, 266.17. The Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to be appointed from different areas within the County's zoning jurisdiction. Brief on Functions: The Board of Adjustment is recognition of human frailty. If it were possible for the legislative body to write a perfect zoning ordinance which would meet the needs of the community while at the same time avoiding hardship in individual cases, there would be no need for this board. Because that has been found near impossible, the Board of Adjustment has been introduced as an integral part of almost every smoothly operating zoning enforcement mechanism, serving as a "pop-off valve" to relieve pressures resulting from hardship cases. In New Hanover County, the duties of the Board fall into two general categories: Interpretation and Granting Variances. Interpretation: The function of the Board of Adjustment which is most closely similar to that of the courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations, and, if necessary, (c) correcting any mistakes or abuses of discretion which the zoning official may have made in administering the Ordinance. In exercising this power, the basic principle for the Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret and apply what the governing body has written, not to vary that legislative pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes to be the actual meaning and intent of the Ordinance. Granting of Variances: General Statute 153A-345(d) provides that, "when practical difficulties or unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of the Ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public safety and welfare secured, and substantial justice done." Basically, a variance is a permit, which the Board may grant in certain situations, enabling a property owner to make use of his property in someway which is in conflict with the literal provisions of the Ordinance. Sometimes a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain are such as to create hardships in complying with these requirements. Sometimes the lot is located in a cluster of nonconforming uses which will prevent the owner from securing any reasonable return from his land if he complies with the Ordinance (as where a lot in a residential district is surrounded by nonconforming business structures). When the Board grants exemptions from harsh provisions, it is "granting a variance." Finally, it should be noted that there is a good bit of "law" connected with the duties and responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one considers the importance of its decisions which expand or limit property values. These are issues which must not be dealt with casually or arbitrarily. The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by Michael B. Brough and Philip P. Green, Jr. Board of Commissioners Meeting 10/21/2013 16- 1 - 1 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Robert F. Cameron, Jr. First 11/19/07 12/1/10 5119 Nicholas Creek Second 11/15/10 12/1/13 Wilmington, NC 28409 313-1961 (H) 762-9635 (W) Peter M. DeVita First 11/15/10 12/1/13 7108 Key Point Drive Wilmington, NC 28405 509-3055 (H) 262-2113 (C) Justin Michael Lewis, Chairman First 11/16/09 12/1/12 3702 Providence Court Second 11/13/12 12/1/15 Wilmington, NC 28412 919-414-8410 (H) 794-4880 (W) Michael D. McCulley, Jr., Vice-Chairman First 11/21/11 12/1/14 6102 Lydden Road Wilmington, NC 28409 547-5185 (H) 251-2500 (W) 616-6979 (C) Chad McEwen First 11/21/11 12/1/14 226 Shore Point Drive Wilmington, NC 28411 604-2100 (C) ALTERNATES: Joe Miller First 11/15/10 12/1/13 Coastal Investing, LLC 8209 Market Street, Unit A 325 Wilmington, NC 28411 538-5639 (C) 796-1022 (W) John Edwin "Jack" Stanton II Unexpired 3/15/11 12/1/13 708 Carolina Sands Drive Carolina Beach, NC 28428 458-5853(H) 254-3553(W) 368-7302(C) Colin J. Tarrant First 11/21/11 12/1/14 7842 Olde Pond Road Wilmington, NC 28411 919-414-2684 (C) Staff Support: Kenneth Vafier, Exec. Secretary 11/12 Current Planning &Zoning Supervisor File: /Zoning NHC Planning and Inspections Department B/C#33 230 Government Center Drive, Suite 110 Wilmington, NC 28403 798-7118 Revised: 10/7/13 Board of Commissioners Meeting 10/21/2013 16- 1 -2 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3 Revised: 10/7/13 Board of Commissioners Meeting 10/21/2013 16- 1 -3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2013 REGULAR ITEM: 17 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe,Planning& Inspections Director CONTACT(S): Chris O'Keefe SUBJECT: Consideration of a Resolution Supporting NCDOT Efforts to Pursue Safety Funds For Construction of a Landscaped Median on Market Street Between the Martin Luther King, Jr. Parkway and Station Road and Between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive BRIEF SUMMARY: The Wilmington Metropolitan Planning Organizations requests New Hanover County to support through resolution, the construction of a median separating lanes on Market Street between Martin Luther King Jr. Parkway and Station Road and Between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive. The median was recommended in the Market Street Corridor Plan. This will also be consistent with recently proposed median sections between Marsh Oaks and Porters Neck. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Landscaped Median Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 10/21/2013 17-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING NCDOT EFFORTS TO PURSUE SAFETY FUNDS FOR THE CONSTRUCTION OF A LANDSCAPED MEDIAN ON MARKET STREET BETWEEN THE MARTIN LUTHER KING,JR.PARKWAY AND STATION ROAD AND BETWEEN MIDDLE SOUND LOOP ROAD AND MENDENHALL DRIVE/MARSH OAKS DRIVE WHEREAS,the New Hanover County Board of Commissioners recognizes the need to improve mobility and safety along the Market Street corridor; and WHEREAS, New Hanover County, in collaboration with the Wilmington Metropolitan Planning Organization, City of Wilmington, and North Carolina Department of Transportation has developed the Market Street Corridor Study; and WHEREAS,the study area for the Market Street Corridor Study was an 11-mile corridor between Colonial Drive in the City of Wilmington and the New Hanover/Pender County line; and WHEREAS, the study combines the results of numerous land use and transportation studies into a consistent set of roadway and land development recommendations to address traffic congestion and safety as well as encourage sustainable development along Market Street; and WHEREAS,the vision for the corridor came from a collaborative public process that involved local residents, stakeholders,the Wilmington Metropolitan Planning Organization, the City of Wilmington, New Hanover County, and the North Carolina Department of Transportation; and WHEREAS, the Market Street Corridor Study indicates that this corridor has twice the crash rate of similar facilities in the State of North Carolina; and WHEREAS, the construction of access management improvements on Market Street was ranked as a high priority by the Wilmington Metropolitan Planning Organization in Prioritization 2.0; and WHEREAS,in accordance with the adopted Market Street Corridor Study,the North Carolina Department of Transportation is pursuing safety funds to construct a landscaped median on Market Street between the Martin Luther King, Jr. Parkway and Station Road and between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive. NOW THEREFORE,BE IT RESOLVED,that the New Hanover County Board of Commissioners hereby supports the North Carolina Department of Transportation's efforts to pursue safety funds to construct a landscaped median on Market Street between the Martin Luther King, Jr. Parkway and Station Road and between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive. ADOPTED this the 21st day of October,2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/21/2013 17- 1 - 1