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2013-12-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING, DECEMBER 9, 2013 PAGE 748 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 9, 2013, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present:Chairman Woody White; Vice-Chair Beth Dawson; Commissioner Jonathan Barfield, Jr.; and Commissioner Thomas Wolfe. Commissioner Brian M. Berger was absent. Staff present: County Attorney Wanda M. Copley; County Manager Chris Coudriet; and Clerk to the Board Sheila L. Schult. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Chairman White led the audience in a moment of silence. Vice-Chair Dawson led the audience in the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Beth Dawson; Commissioner Woody White; and Commissioner Thomas Wolfe. Commissioner Brian M. Berger was absent. County Attorney Copley opened the floor to receive nominations for Chairman and Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Wolfe nominated Commissioner White for Chairman of the Board of County Commissioners. Commissioner Dawson seconded the nomination. Commissioner White nominated Commissioner Dawson for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Wolfe seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. Vote : The Board voted 4 TO 0 to elect Commissioner White to serve as Chairman of the New Hanover County Board of Commissioners and Commissioner Dawson to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. APPROVAL OF CONSENT AGENDA Chairman White asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Vice-Chair Dawson reported that each commissioner has received the revised list of the New Hanover County Commissioner Appointments to Community and County Boards for 2014. Hearing no further comments, Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, 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: Agenda Review Meeting held on November 14, 2013 Regular Meeting held on November 18, 2013 Appointment of Commissioners to Community and County Boards for 2014 – Governing Body The Commissioners approved the revised list of New Hanover County Commissioner appointments to Community and County Boards for 2014. A copy of the list of Commissioners appointed to County Boards and Committees for Year 2014 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVI, Page 21.1. Appointment of Rena Davenport as a Non-Voting Member to the CoastalCare Area Board – Governing Body The Commissioners appointed Rena Davenport, President of the CoastalCare Provider Council, as a non- voting member to the CoastalCare Area Board for a three-year term. Ratification of Appointment of Sheila L. Schult to the New Hanover County Jury Commission for a Two- Year Term Expiring on October 31, 2015 – Governing Body The Commissioners ratified the appointment of Sheila L. Schult to the New Hanover County Jury Commission for a two-year term expiring on October 31, 2015. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING, DECEMBER 9, 2013 PAGE 749 Adoption of Public Officials Bond Resolution – County Attorney’s Office The Commissioners, pursuant to North Carolina General Statute 58-72-20, adopted a resolution concerning the Surety Bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI, Page 21.2. Approval of Revisions to Sheriff Parking Citation Fees – Sheriff’s Office/Finance Department The Commissioners approved revisions to the Sheriff Parking Citation Fees as follows: Citation Type Current Fee Recommended Fee Overtime Parking $5.00 $20.00 No Parking Area $10.00 $20.00 Restricted Parking n/a $25.00 Loading Zone n/a $20.00 Fire Lane n/a $50.00 Handicapped Zone $25.00 $250.00 Authorization for Leading into New Communities, Inc. to Apply for Grant Funding from the N.C. Governor's Crime Commission with New Hanover County as the Applicant Agency– Finance Department The Commissioners authorized Leading into New Communities, Inc. (LINC) to apply for a grant with the N.C. Governor's Crime Commission with New Hanover County as the applicant agency for a $75,000 grant. LINC will be responsible for the required 25% cash match. Adoption of a Resolution to Dispose of a 1998 Caterpillar D7R Bulldozer – Environmental Management Department The Commissioners, pursuant to North Carolina General Statute 160A-Article 12, adopted a resolution declaring a 1998 Caterpillar D7R bulldozer as surplus. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVI, Page 21.3. Approval of Personnel Policy Revisions – Human Resources Department The Commissioners approved the following revisions to the Personnel Policy:  Article 4 - Employment  Section 4.2, Equal Employment Opportunity Policy  Article 6 – Conditions of Employment  Sections 6.13.1 and 6.13.2, Smoking/Tobacco-Free and E-cigarette Policy and Smoking/Tobacco- Free and E-cigarette Enforcement  Section 6.14, Purchasing Surplus County Property Prohibited  Section 6.24 (NEW), Report of Motor Vehicle Violation and Criminal Charges and Convictions  Article 7 – Leave Policies  Section 7.1.2, Holiday Leave – Number of Hours Paid  Article 8 – Performance, Discipline  Section 8.2.2 (t), Failure in Performance of Duties  Article 9 – Appeals and Grievances  Section 9.0, Employee Appeal of Disciplinary Actions – Purpose and Applicability  Section 9.1, Employee Appeal of Disciplinary Actions – Policy  Section 9.1.5, Department Head Appeal of Disciplinary Action  Section 9.1.6, Failure to Comply with Appeal Procedures A complete copy of the personnel policy is available for review on the County’s website or in the Human Resources Department. Approval of Appointment of Emma Saunders and Dick Hayes to the Senior Resource Center Home and Community Care Block Grant Advisory Committee – Senior Resources Center The Commissioners, at the request of the Home and Community Care Block Grant Advisory Committee, approved the appointment of Emma Saunders and Dick Hayes as members of the Senior Resource Center Home and Community Care Block Grant Advisory Committee. The advisory committee makes recommendations to the Commissioners for distribution of funds and selection of agencies to provide services. Acceptance of October 2013 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collections Reports as of October 2013: New Hanover Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI, Page 21.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING, DECEMBER 9, 2013 PAGE 750 Approval of New Hanover County Board of Education General Fund Amendment #3 – Budget Department The Commissioners approved New Hanover County Board of Education General Fund Budget Amendment #3 appropriating Board of Education Travel Carryover in the amount of $11,424 and $829 in insurance proceeds. A copy of the New Hanover County Board of Education General Fund Budget Amendment #3 is available for review in the Budget Department. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-033 - Fire Services 14-035 - Museum 14-037 - Department of Social Services Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVI, Page 21.5. REGULAR ITEMS OF BUSINESS NEW HANOVER COUNTY LIBRARY ADVISORY BOARD ANNUAL UPDATE New Hanover County Library Advisory Board Vice-Chair Virginia Teachey presented the New Hanover County Library Advisory Board annual update highlighting the following information:  The Library’s Vision: An exciting destination where people gather, ideas flourish, and the information and technology resources needed for a community to prosper are made freely available.  2013 in review:  944,216 visitors  1.39 million circulation  570,565 web page visits  1,528 programs for children and adults  Community support:  98% customer satisfaction  Strong ratings in County Citizen Survey  14,643 volunteer hours  Three community boards  Partnerships: PNC Bank Foundation; Smart Start; UNCW; Cape Fear Community College; New Hanover County Parks; Cape Fear Museum; New Hanover County Schools; and many more!  What we’re doing now:  Partnering with local businesses to improve financial literacy  Redesigning children’s programming to support NHC Ready to Read  Maximizing technology to increase access to information  What’s next:  Myrtle Grove expansion to serve a fast growing community  Facility improvements for Carolina Beach Branch  Carolina Courtyard revitalization at Main Library  A new branch at the north end of New Hanover County On behalf of the Board, Chairman White thanked Ms. Teachey for the update. PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS TO MODIFY THE SITE PLAN FOR AN EXISTING SPECIAL USE PERMIT BY ADDING AN ADDITIONAL TWENTY UNITS TO THE SAYLORS WATCH HIGH DENSITY DEVELOPMENT (S-525M, 11/13) Chairman White opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Cindee Wolf Ben Andrea Chris O’Keefe Jeff Keeter Mark Emmert Current Planner Ben Andrea presented the request by Cindee Wolf of Design Solutions to modify the site plan for an existing Special Use Permit by adding an additional twenty units to the Saylors Watch high-density development, which was approved for a total of 82 units in 2005. At the time of the previous approval, the area currently proposed for the additional units was considered wetlands under the jurisdiction of the US Army Corps of Engineers. Since that time, the site characteristics have changed and the subject area is no longer considered wetlands, eliminating the previous development impediment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING, DECEMBER 9, 2013 PAGE 751 The Planning Board, at their November 7, 2013 meeting, voted 6-0 to recommend approval of the modification to the Special Use Permit with one condition to add an easement for a multi-use path in compliance with the Comprehensive Greenway Plan. The Petitioner has revised the site plan to include this easement. No one from the public spoke in support or in opposition to the request. Staff concludes that the proposal meets the requirements of Section 72-37 of the Zoning Ordinance, the CAMA Land Use Plan and recommends that the findings are positive. Chairman White invited the Petitioner to present comments. Jeff Keeter, Attorney for the Petitioner, and Petitioner Cindee Wolf provided an overview of the request stating that they agree with staff findings and the suggested condition. In response to Board questions concerning the need for a traffic impact analysis, Ms. Wolf reported that NCDOT has determined through their formulas that College Road has the required capacity to handle the increase in daily trips which will be under the required level threshold of 100 trips per peak hour per day which triggers the requirement of a Traffic Impact Analysis. Mark Emmert, Saylors Watch, stated that in his opinion property values would not be negatively impacted by the additional twenty units. Chairman White noted that no one had signed up to speak in favor of or in opposition to the request and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to grant the modification of the site plan to the existing Special Use Permit request by Cindee Wolf by adding an additional twenty units to the Saylors Watch high density development based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition to add an easement for a multi-use path in compliance with the Comprehensive Greenway Plan. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the order to issue an addendum to a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 48. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority (WAVE Transit) Chairman White reported that a vacancy exists for an at-large member on the Cape Fear Public Transportation Authority with four applications available for consideration and requested nominations from the Board. Commissioner Barfield nominated Steven D. Kelly. Vice-Chair Dawson nominated Wylie Beckman Smith III. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nominations. Vote Results: The Board voted 3 TO 1 to appoint Wylie Beckman Smith III to serve a three-year term on the Cape Fear Public Transportation Authority with the term to expire on December 31, 2016. Chairman White, Vice-Chair Dawson, and Commissioner Wolfe voted in favor of the appointment. Appointments to the New Hanover County Board of Health Chairman White reported that four vacancies exist on the Board of Health with three applicants eligible for reappointment in the General Public, Optometrist, and Veterinarian Categories with new applications having been received in the Physician Category. Vice-Chair Dawson nominated Robert E. Lewis for reappointment in the General Public Category, Dr. Michael Goins for reappointment in the Optometrist Category, Dr. Melody Speck Evans for reappointment in the Veterinarian category, and nominated Dr. Mark W. Morgan for appointment in the Physician category. Hearing no further nominations, Chairman White closed the nominations and called for a vote on the nominations. Vote Results: The Board voted 4 TO 0 to reappoint Robert E. Lewis in the General Public category, Dr. Michael Goins in the Optometrist category, Dr. Melody Speck Evans in the Veterinarian category, and appoint Dr. Mark W. Morgan in the Physician category to serve three-year terms on the Board of Health with the terms to expire on December 31, 2016. Appointments to the New Hanover County Tourism Development Authority Chairman White reported that four vacancies exist on the Tourism Development Authority with two applicants eligible for reappointment and new applications available for consideration and requested nominations NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING, DECEMBER 9, 2013 PAGE 752 from the Board. Commissioner Barfield nominated Connie Majure-Rhett in the Chamber of Commerce category, Anne E. Brodsky for reappointment in the Kure Beach Hotel Owner/Manager category, Carl B. Marshburn for reappointment in the Tourist Attraction category, and Nicolas Montoya, Blockade Runner General Manager in the Wrightsville Beach Hotel Manager/Owner category. The nominations were seconded by Vice-Chair Dawson. Hearing no further nominations, Chairman White called for a vote on the nominations. Vote Results: The Board voted 4 TO 0 to reappoint Anne E. Brodsky in the Kure Beach Hotel Owner/Manager category and Carl B. Marshburn in the Tourist Attraction category and appoint Connie Majure-Rhett in the Chamber of Commerce category and Nicolas Montoya, Blockade Runner General Manager in the Wrightsville Beach Hotel Manager/Owner category to serve three-year terms on the Tourism Development Authority with the terms to expire on December 31, 2016. Appointments to the Zoning Board of Adjustment Chairman White reported that four vacancies need to be filled on the Zoning Board of Adjustment with one applicant eligible for reappointment and new applications available for consideration and requested nominations from the Board. Commissioner Wolfe nominated Peter M. DeVita to be reappointed as a Regular Member and nominated Joe Miller as a Regular Member and Nabila Nanji and H. Brian Prevatte as Alternate Members. Hearing no further nominations, Chairman White called for a vote on the nominations. Vote Results: The Board voted 4 TO 0 to reappoint Peter M. DeVita and appoint Joe Miller as Regular Members and appoint Nabila Nanji and H. Brian Prevatte as Alternate Members to serve three-year terms on the Zoning Board of Adjustment with the terms to expire on December 1, 2016. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS UPDATE AND APPROVAL OF THIRTY-DAY EXTENSION TO THE REQUEST FOR PROPOSAL FOR SOLID WASTE MANAGEMENT RESPONSE PERIOD County Manager Chris Coudriet presented an update on the solicitation of Request for Proposals for solid waste management. Staff has received a written request for a sixty-day extension to the response period; staff supports a thirty-day extension. After brief discussion, the consensus of the Board was to grant the thirty-day extension to the response period with the deadline of January 31, 2014 at noon. BRANDING INITIATIVE UPDATE Strategy and Policy Manager Beth Schrader provided an overview of a meeting with Secretary of Commerce Sharon Decker. The meeting allowed staff to provide an overview of the regional branding initiative that included an overview of the infrastructure portion and discussion of linking relevant portions of the branding initiative with the State’s efforts. Secretary Decker requested a letter of affiliation be written and offered State staff to assist in these collaborative efforts. The City of Jacksonville has indicated an interest to be included in our regional branding initiative; staff will be pursuing this option with them. ADJOURNMENT Hearing no further business, Chairman White adjourned the meeting at 4:56 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries and on-line at www.nhcgov.com.