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2013-10-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 21,2013 PAGE 724 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 21, 2013, at 10:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Woody White: Vice-Chair Beth Dawson: Commissioner Brian M. Berger: and Commissioner Thomas Wolfe. Commissioner Jonathan Barfield,Jr.was excused by consensus of the Board. Staff present: County Attomey Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board Sheila L. Schult. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Chairman White recognized the passing of Fire Captain David Heath and led the audience in a moment of silence. Vice-Chair Dawson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Hearing no comments, Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Special Meeting held on October 3, 2013 Agenda Review Meeting held on October 3,2013 Regular Meeting held on October 7,2013 Adoption of Wilmington Civitan Club's Seventy-Fifth Anniversary Proclamation—Governing Body The Commissioners adopted the proclamation honoring the Wilmington Civitan Club's seventy-fifth auniversaiv.. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.1. Adoption of Food Day in Nero Hanover County Proclamation—Planning and Inspections Department The Commissioners adopted the proclamation declaring October 24, 2013 as Food Day in Nero Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.2. Adoption of Adoption Awareness Month in Nero Hanover County Proclamation — Department of Social Services The Commissioners adopted the proclamation recognizing the month of November 2013 as Adoption Ai rareness Month in Nero Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.3. Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of 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)to the state road system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Pagel 8.4. Adoption of Resolution Declaring Radios as Surplus Property and Approving the Donation of the Radios to the New Hanover County School System—Finance Department The Commissioners, pursuant to North Carolina General Statute 153A-176 and 160A-280, adopted the resolution declaring forty Kemvood UHF radios that are being discontinued and no longer used by the Sheriffs Office as surplus and approving the donation of the radios to the New Hanover County School System: the auction value of the radios is$2,000. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 21,2013 PAGE 725 Adoption of a Resolution Authorizing Entering into an Interlocal Agreement to Extend UNCW Police Territorial Jurisdiction—Sheriff's Office The Commissioners, pursuant to North Carolina General Statute 116-40.5(a), adopted the resolution authorizing the County to enter into an interlocal agreement with UNCW police. The agreement authorizes UNCW police to have law enforcement powers off campus to include the Courthouse, Jail, Juvenile Detention Center, Government Center, and Magistrates Office. UNCW police will coordinate their activities in the expanded areas with the Sheriff. The agreement does not replace any existing Mutual Aid Agreements. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.6. Appointment of L. C. "Johnny"Johnson,III to the CoastalCare Area Board—Governing Bode The Commissioners appointed L.C. "Johrmy" Johnson, III to a three-year term on the CoastalCare Area Board in the Local Consumer and Family Advocacy Committee Category with the term to expire on June 30,2016. Approval of Amendment to Records Retention and Disposition Schedule as Pertains to County Management —Governing Bode The Commissioners, as required by the North Carolina Division of Archives and History Office, approved the August 2013 amendments to the Records and Retention and Disposition Schedule as pertains to County Management. North Carolina records retention and disposition schedules can be viewed on the North Carolina Department of Cultural Resources website(www.NCDCR.ga). A copy of the amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.7. Approval of Agreement Accepting PNC Financial Literacy Grant Funds and Adoption of Budget Ordinance Amendment 14-021—Library The Commissioners approved the agreement accepting PNC Bank Financial Literacy grant fiords in the amount of$75,000 (over rivo years)and adopted Budget Ordinance Amendment 41-021. The fiords will be used to provide materials and programs to enhance financial literacy skills for educators and families with young children. The first installment of the grant is in the amount of$36,200. No local match is required and no new positions are necessary. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.8. A copy of the agreement is available for review in the Legal Department. Acceptance of Six Items for Accession into the Cape Fear Museum's Permanent Collection—Museum The Commissioners accepted six items for accession into the Cape Fear Museum's Permanent Collection. A complete list of the items is available for review at the Cape Fear Museum. Acceptance of Tax Collection Reports—Tax Department The Commissioners accepted the following Tax Collection Reports as of September 2013: New Hanover Count-ti-Fire District New Hanover Count-V Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI,Page 18.9. Approval of Release and Refund to Tax Parcels R04915-001-016-000 and R05100-003-043-000 — Tax Department The Commissioners approved the release and refired to the following tax parcels: • R04915-001-016-000 — the restaurant was incorrectly charged on rivo parcels for more than seven years:adjustment is made for current year and five prior years. • R05100-003-043-000 — the new construction dwelling for this year was incorrectly valued as a 1.5 story but the upper floor is not finished. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive their retirement awards: • Barbara Thrift—Health Department • Tony Roberts—Development Sei ices • Jamie Kilgore—Sheriff's Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 21,2013 PAGE 726 On behalf of the Board, Chairman White presented a retirement award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive sei ice awards: Five Year: Kevin Caison—Planning and Inspections Department Michael Conant—Social Sei ices Department Anabela Diaz—Social Sei ices Department Kevin Gore—Fire SeivIces Ladean Graham—Health Department Angela Gray—Health Department David Hewett—Property Management Julie Kornegay—Health Department Amanda Lanier—Health Department Maureen Subora—Communit-v Justice Sei ices Ashley Vernon—Health Department Ten Year: Kimberly Johnston—Information Teclmology Stephen Malpass—Parks and Gardens Courtney Padgett—Fire SeivIces Fifteen Year: Regina Anderson—Social Sei ices Department Brian Bocnuk—Social Sei ices Department Barbara Codero—Health Department Libby Moore—Human Resources Department Will Murrav—Fire Sei ices Malcolm Smith—Fire Sei ices Keith Studt—Health Department Nancy Willaford—Sheriff's Department Tivent-v Year: Bobbv Blackmon—Sheriff's Office Cheryl Mahmood—Social Sei ices Department Octavia Spicer—Social Sei ices Department Twenty-five Year: Lawanda Granger—Social Sei ices Department Angela Lewis—Social Sei ices Department Loretta Muiphy—Social Sei ices Department David Wittenberg—Property Management Kemp Burpeau—Legal Department Thirty Year: Audrey Burgess—Property Management On behalf of the Board, Chairman White presented a sei ice award to each employee, expressed appreciation,and thanked them for their years of dedicated sei ice. NEW HANOVER COUNTY ALCOHOL BEVERAGE CONTROL BOARD ANNUAL UPDATE New Hanover County ABC Board Chairman Cedric Dickerson presented the Alcohol Beverage Control (ABC)Board amoral update with highlights as follows: • Focus on Customer Sei ice: • Retail: • Continue to expand product selection and quantities with all retail stores operating the maximum hours allowed by law. • Mixed Beverage Sales: • Relatively new computer software allows mixed beverage permit holders to place orders on- line(about 65%of the total 295 accounts are using this method). • Alcohol Law Enforcement: • Continue to contract with the Sheriffs Department—four full-time officers plus direct supervisor (current year budget is$300,000;plus purchase of an ABC Officer vehicle$25,000). • Continue to contract with the Wilmington Police Department for two non-fimded ABC law enforcement officers. • Continue to find Wilmington Downtown Task Force in the amount of$180,000 amorally. • Accounting and Finance: • Auditors issued a*'clean"audit report for the year ended 06/30/2013 • Total sales-up$1.4 million(4%) • Taxes Related to Sales-up$321,000 (4%) • Gross profits-up$417,000 (5%) • Operating Expenses-up$22,000(.12%) • Operating Income-up$395,000(8.6%) • Local Taxes Distributed - up$45,000 (2.6%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 21,2013 PAGE 727 • Local Profits Distributed -up$629,000 (42%) • Summaiv of Law Enforcement,Tax and Profit Distributions: • State of North Carolina Agencies: $ 10,247,653 • New Hanover County: $ 2,474,748 • City of Wilmington: $ 1,284,222 • Town of Wrightsville Beach: $ 467,357 • Town of Carolina Beach: $ 283,265 • Town of Kure Beach: $ 11,438 • Total Distributions: $ 14,768,683 • Armual Efficiency Goals(established by the NC ABC Commission): • Operating Profit/Gross Sales—goal of 9.0%:actual 14.96% • Inventoiv Turns—goal of 6.0%:actual 8.0% • Operating Costs—goal of.67%or less: actual.38% • Real Estate: • Located land for new ABC complex to house mixed beverage permit holders east side of County: distribution center: and administrative offices with an estimated completion date of November 2014. • Current/Future Endeavors: • Start plaiming for 17th Street facility renovations after new ABC complex is well underway. • Persormel classification and compensation study is underway with a Februaiv 28, 2014 due date. • Continue to raise finds for alcohol rehabilitation through donations of cardboard boxes. Almost $1,750 has been raised and submitted since December 2012. On behalf of the Board, Chairman White thanked Mr. Dickerson for the update. NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT ANNUAL UPDATE New Hanover County Zoning Board of Adjustment Chairman Justin M. Lewis presented the armual update stating that the Board is comprised of five citizen volunteers who seine as part of zoning enforcement charged with: 1) interpreting the zoning ordinance: and 2) granting variances when practical difficulties or urmecessary hardships will occur if the zoning ordinance is strictly applied. Since October 2012, eight cases have been heard with seven being granted approval for a variance. On behalf of the Board, Chairman White thanked Mr. Lewis for the update. BREAK Chairman White called for a break from 10:42 a.m.until 10:47 a.m. ADOPTION OF RESOLUTION SUPPORTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION'S EFFORTS TO PURSUE SAFETY FUNDS FOR CONSTRUCTION OF LANDSCAPED MEDIANS ON MARKET STREET BETWEEN MARTIN LUTHER KING, JR. PARKWAY AND STATION ROAD AND BETWEEN MIDDLE SOUND LOOP ROAD AND MENDENHALL DRIVE/MARSH OAKS DRIVE Planning and Inspections Director Chris O'Keefe presented the request on behalf of the Wilmington Metropolitan Planning Organization for the Board to adopt the resolution supporting North Carolina Department of Transportation (NCDOT) efforts to pursue safety fiords to construct landscaped medians on Market Street between Martin Luther King Jr. Parkway and Station Road and between Middle Sound Loop Road and Mendenhall Drive/Marsh Oaks Drive. Landscaped medians are recommended in the Market Street Corridor Plan and are consistent with recently proposed medians between Marsh Oaks and Porters Neck. In response to Board questions, Director O'Keefe confirmed that the proposed resolution is asking that landscaped medians be planted. NCDOT would be responsible for the construction of the landscaped medians with the County being requested to participate in the maintenance of the landscaping in the medians. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the resolution supporting the North Carolina Department of Transportation's efforts to pursue safety finds to construct landscaped medians 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 as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI,Page 18.10. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White armounced no one had signed up to make comments on non-agenda items. DIRECTION TO STAFF TO PREPARE A DRAFT REQUEST FOR PROPOSAL CONCERNING THE HANDLING OF THE COUNTY'S SOLID WASTE FOR BOARD CONSIDERATION Vice-Chair Dawson reported that she met this morning with the Solid Waste Committee comprised of Commissioner Wolfe, County Attorney Wanda Copley and County Manager Chris Coudriet, with Deputy County Attorney Kemp Burpeau also in attendance, to receive an update and to discuss the progress on the draft sei ice NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 21,2013 PAGE 728 contract with Waste Industries to handle the County's solid waste. During the discussion of what the contract should include and the scope of seivices that should be covered, the advice from legal counsel was that it would be prudent for the County to put out a Request for Proposals (RFP) to allow other companies to formally submit their interest and proposals in providing these seivices. The RFP should be kept clear and concise accepting only proven methods of handling solid waste while upholding the Board's policy goal to extend the life of the landfill. In response to Board questions, County Manager Chris Coudriet confirmed that staff will draft the RFP and have it available for the Board's consideration no later than the November 18, 2013 meeting with a thirty day response time. The concerns that Legal staff raised is that in comparing statutes the finished contract may not be a straightaway seivice contract and may go beyond the scope of a seivice agreement:the process will be handled more effectively by issuing a RFP. Staff will follow the Board's previous direction and alternative and unproven disposal methods will not be included in the RFP but the focus will be on the Board's policy goal to extend the life of the landfill and move the County's solid waste out of the County. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to direct staff to prepare a Request for Proposal for handling of the County's solid waste while maintaining the policy goal to extend the life of the landfill:the draft RFP will be available for Board consideration no later than the November 18,2013 meeting. Upon vote, the MOTION CARRIED 4 TO 0. ADJOURNMENT Hearing no further business, Chairman White requested a motion to adjourn the meeting. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. The meeting was adjourned the meeting at 11:00 a.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Count')Libraries and on-line at innr.nhcgov.com.