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2014-06-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 101 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 16, 2014, at 9:00 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 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. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Earnest T. Thompson, First Presbyterian Church, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. 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. Hearing no comments, Chairman White requested a motion to approve the Consent Agenda. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, 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 May 29, 2014 Regular Meeting held on June 2, 2014 Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Motts Village Road, Bellamy Parke Way, White Heron Road North and White Heron Road South located within the Village at Motts Landing (Phase 1) Subdivision in New Hanover County (Division File No. 1203-N) to the state road system. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.1. Approval of the New Hanover County’s Alcohol Beverage Control Board’s Travel Policy – County Manager’s Office The Commissioners, pursuant to North Carolina General Statute 18B-700 and at the request of the New Hanover County’s Alcohol Beverage Control Board (NHC ABC), approved their Board Travel Policy which conforms to New Hanover County's travel policy which must be approved by the appointing authority on an annual basis, even if there are no changes. A copy of the NHC ABC Board’s travel policy is available for review at the NHC ABC office. Ratification of New Hanover County’s Grant Application to the Bureau of Justice Assistance on Behalf of Leading Into New Communities – Finance Department The Commissioners ratified New Hanover County’s grant application to the Bureau of Justice Assistance that was submitted on June 2, 2014 on behalf of Leading Into New Communities, Inc. (LINC). The County serves as the applicant for the Second Chance Act Prisoner Reentry Initiative grant in the amount of $300,174. LINC will provide the 25% cash match in the amount of $150,000 and the 25% in-kind match in the amount of $150,174. If awarded, the funds will be used to plan and implement programs and strategies to reduce recidivism and ensure the safe and successful reentry of adults released from prisons and jails. The County will be responsible for the management and oversight of the grant funds. A copy of the grant application is available for review in the Finance Department. Acceptance of Five Donations for Accession into the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted five donations 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. Adoption of Resolution Supporting the Transportation Projects as Supported by the Wilmington Metropolitan Planning Organization’s Transportation Advisory Committee – Planning Department The Commissioners, as requested by the Wilmington Metropolitan Planning Organization, adopted the resolution supporting the transportation projects as prioritized by the Transportation Advisory Committee. Under the new transportation funding formula for the Strategic Transportation Investments Law, local points may be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 102 awarded to projects in the regional and division levels by Metropolitan Planning Organizations, Rural Planning Organizations, and Division Engineers to the Strategic Prioritization Office of Transportation Prioritization 3.0 Process. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.2. Adoption of Resolution Authorizing the Contract with Trinity Food Services for Inmate and Staff Food Services at the Detention Facility – Sheriff’s Office The Commissioners authorized the Sheriff’s Office to contract withTrinity Food Services for inmate and staff food services at the Detention Facility as recommended by staff. Trinity Food Services is currently the food service provider at the County's Detention Facility. The new contract price of $1.108 will increase the budget by $45,352 for an annual budget of $862,507 for FY15-16. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.3. A copy of the contract is available for review in the Legal Department. Adoption of Resolution Authorizing Contract #14-0181 with Correct Care Solutions to Provide Comprehensive Healthcare Services for the Detention Facility – Sheriff’s Office The Commissioners adopted the resolution authorizing the Sheriff’s Office to enter into contract #14-0181 with Correct Care Solutions to provide comprehensive healthcare services for the Detention Facility. The initial term of the contract is from the date of award through June 30, 2017 in the total amount of $6,420,690, with the option to renew for two additional one year periods under the same terms and conditions based on satisfactory performance. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.4. A copy of the contract is available for review in the Legal Department. Acceptance of May 2014 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of May 2014: New Hanover County 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 XXXVIII, Page 12.5. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-083 General Fund and Room Occupancy Tax 14-085 Sheriff 14-086 Sheriff Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 12.6. REGULAR ITEMS OF BUSINESS NEW HANOVER COUNTY BOARD OF HEALTH ANNUAL UPDATE New Hanover County Board of Health Chairman Robert E. Lewis presented the New Hanover County Board of Health (NHCBH) annual update:  Mission and Vision:  Mission: Promote a safe and healthy community  Vision: Healthy People, Safe Environment, Strong Community  Oldest Local Board of Health in North Carolina - June 14, 1879 (135 Years):  NHCBH named North Carolina Board of Health of the Year in 1991, 2003 and 2013  NC Local Health Department Accreditation:  2004 - One of first six NC counties accredited  2008 - One of first three NC counties continuing accreditation  2012 - One of first three NC counties continuing accreditation a second time  Health Department Revenues and Expenditures:  Operating revenues - $12.42 million (net of capital project); Fiscal Year ended June 30, 2013 (in millions):  County funds: 41%  Federal and State: 15%  Medicaid: 10%  Health fees: 12%  Other: 22% NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 103  Operating expenditures - $12.42 million (net of capital project); Fiscal Year ended June 30, 2013 (in millions):  Personnel costs: 87%  Operating: 13%  Accomplishments:  Three mobile dental unit hookups added  Two RNs became enhanced role nurses  Smoking policy revised to include e-cigarettes  Received National Association of County and City Health Officials Model Practice Award – Mosquito Control Policy  Implemented NC Tracks and CoastalCare software systems  32 employees completed the Enhanced Incident Management Unified Command Course at the National Preparedness Center  3,927 food sanitation inspections were made at 1,319 food establishments  390 pools were inspected  99 permits and 76 repairs to septic systems  1,004 served through pregnancy care management  829 clients served through care coordination for children  Since 2008, 194 served through refugee health  5,223 shots given this flu season  18,847 laboratory tests performed  985 children served by mobile dental clinic  125,974 visits to school health nurses  631 sports physicals were completed  580 students served by mental health therapists  11,190 nutrition contacts made in Women, Infants and Children program  Customer Service:  Customer satisfaction surveys report a 97.7% satisfaction rating for fiscal year 2012-13  Reduce/Prevent Obesity:  School Health Advisory Council  Safe Kids Cape Fear  Smart Start of New Hanover County  Eat Smart Move More  UNCW/NHCHD School-Based Obesity Intervention Program  Alliance for Healthier Generation  Live Fit Cape Fear  Feast Down East  Healthy Carolinians Obesity Prevention Initiative  Women, Infants and Children program  Southeastern North Carolina Regional Health Collaborative  We Make a Difference:  Local health departments strengthen communities by preventing illness and improving health  We have expertise in community wellness and prevention  Your continued investment and support is critical to community health and economic development On behalf of the Board, Chairman White thanked Mr. Lewis for the update. NEW HANOVER COUNTY BOARD OF SOCIAL SERVICES ANNUAL UPDATE New Hanover County Board of Social Services Chair Evelyn Bryant presented the New Hanover County Board of Social Services annual update highlighting the following information:  There are over 300 children in the New Hanover County Department of Social Services (DSS) custody/foster care  There are currently 90 wards in guardianship  Economic Services - Growth in Programs:  Food and Nutrition Services – increase of 177% between April 2007 - April 2014  Adult Medicaid Services – increase of 31% between April 2007 - April 2014  Family and Children Medicaid/Health Choice – increase of 45% between April 2007 - April 2014  Economic impact of programs for FY 2012-2013: $395,286,972  Strategic partnerships used to meet goals  Technology:  NC Fast  Enhancements to our local case management system  Improved data collections  More efficient change management process  Development of the DSS Learning Center  DSS Performance Metrics:  Result 1: Children, families and adults will become economically secure NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 104  Result 2: Aged and disabled adults will live in safe, healthy, stable and in the most appropriate environments  Result 3: Children and families will live in safe, healthy and stable environments  Result 4: Children in custodial care will have safety, permanence and well-being  Result 5: Resources will be maximized to achieve results while maintaining fiscal accountability  Projected revenues for FY 2013-2014 in the amount of $36,415,021:  County: 36.69%  Federal: 57.96%  State: 3.67%  Other: 1.69%  Projected expenditures for FY 2013-2014 in the amount of $36,415,021:  Child Support: 4.49%  Children Services: 21.28%  Child Care: 22.56%  Adult Services: 10.81%  Administrative Support: 9.53%  Medicaid and Health Choice: 11.81%  Workfirst/Emergency Assistance: 12.71%  Food and Nutrition Services: 6.49%  Veteran Services: 0.32%  Providing quality service; leading by results:  Reorganized services  Refined processes  Dashboard  Innovative solutions On behalf of the Board, Chairman White thanked Ms. Bryant for the presentation. ADOPTION OF FISCAL YEAR 2014-2015 BUDGET ORDINANCE FOR NEW HANOVER COUNTY AND NEW HANOVER COUNTY FIRE SERVICE DISTRICT Chairman White requested direction from the Board to adopt the Fiscal Year 2014-2015 Budget Ordinance for New Hanover County with the ad valorem tax rate of 55.4 cents, Fire Service District tax rate of 7.9 cents and a . tipping fee in the amount of $55 per ton Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt the Fiscal Year 2014- 2015 Budget Ordinance for New Hanover County with the ad valorem tax rate of 55.4 cents, Fire Service District tax rate of 7.9 cents, and a tipping fee in the amount of $55 per ton and approve the fee schedule changes to be effective July 1, 2014 as presented. Substitute Motion: Vice-Chair Dawson MOVED to adopt the Fiscal Year 2014-2015 Budget Ordinance for New Hanover County with the ad valorem tax rate of 55.4 cents, Fire Service District tax rate of 7.9 cents, and a tipping fee in the amount of $55 per ton and approve the fee schedule changes to be effective July 1, 2014 as presented with removal of the following items: 1) the recommendations for the three employees appointed by the Board and two elected officials, the County Manager, County Attorney, County Clerk, Sheriff and Register of Deeds, be removed from the pay and classification study to be considered at a later date; and 2) removal of clause from the proposed fee schedule stating that “the County Manager is authorized, delegated and empowered to enact and adopt the following changes to those existing fees, charges, and expenses set-forth in a County schedule, without further Board of Commissioner approval, notification or authorization”. Chairman White asked Commissioner Barfield if he would yield to the substitute motion with Commissioner Barfield stating that he would not. Chairman White asked for a vote on the motion. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt the Fiscal Year 2014- 2015 Budget Ordinance for New Hanover County with the ad valorem tax rate of 55.4 cents, Fire Service District tax rate of 7.9 cents, and a tipping fee in the amount of $55 per ton and approve the fee schedule changes to be effective July 1, 2014 as presented. Upon vote, the MOTION CARRIED 3 TO 1. Vice-Chair Dawson voted in opposition. A copy of the Fiscal Year 2014-2015 Budget Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.7. APPROVAL OF INTERLOCAL AGREEMENT WITH WRIGHTSVILLE BEACH AND ADOPTION OF NEW HANOVER COUNTY ORDINANCE AMENDING SECTION 5-25 AND 5-26 PENALTIES FOR VIOLATION OF DOGS-AT-LARGE AT MASON INLET Shore Protection Coordinator Layton Bedsole presented the request for the Board’s consideration to approve the interlocal agreement with the Town of Wrightsville Beach and adopt changes to the County Ordinance for a common dog ordinance as mandated by the US Army Corps of Engineers and US Fish and Wildlife Service. The County’s ordinance is being amended to mirror the Wrightsville Beach ordinance for continuity and ease of enforcement. If approved, the civil fee will be in the amount of $250. The seasonal restriction will be no dogs NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 105 allowed from April 1 to September 30, and dogs on leashes from September 30 to March 30, in the unincorporated area of Wrightsville Beach, north of Wrightsville Beach. Deputy County Attorney Kemp Burpeau clarified that Section 2 of the interlocal agreement regulates that the citations that are issued on behalf of the County will be on forms acceptable to the County. The Town of Wrightsville Beach will hear any appeals and retain any revenue generated. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the interlocal agreement with Wrightsville Beach and adopt the ordinance amending Sections 5-25 and 5-26 penalties for violation of dogs-at-large at Mason Inlet as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.8. A copy of the interlocal agreement is available for review in the Legal Department. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY AMERICAN TOWERS, LLC TO CONSTRUCT AND OPERATE A TELECOMMUNICATIONS TOWER ON A PORTION OF A 28.16 ACRE PARCEL LOCATED IN AN R-10 RESIDENTIAL DISTRICT LOCATED AT 1300 NORTH KERR AVENUE 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: Ben Andrea Chris O’Keefe Richard Collier Current Planner Ben Andrea presented the request by American Towers, LLC, for a special use permit to construct and operate a 150’ monopole telecommunications tower facility on a 28.16 acre parcel located at 1300 North Kerr Avenue, just south of the intersection with Grathwol Drive and provided a slide overview of the request. The property currently hosts a mobile home park with an improved access road that provides connection to North Kerr Avenue. Some flood hazard areas and environmental constraints exist on the property, outside of the site subject to tower development. A 100’ x 100’ leased area is proposed, which will encompass the tower, equipment pads, and the required 25’ buffer and fence. The tower area is situated in the southeastern portion of the property, adjacent to an existing power transmission line easement. The areas immediately surrounding the site are currently undeveloped due in part to the environmental and flood area constraints. The areas in the greater proximity of the subject site are developed with single family residential uses. The Planning Board, at their May 1, 2014 meeting, voted 5 to 0 to recommend approval of the request with no members of the public speaking in support or in opposition to the request. Staff concludes that the applicant has demonstrated that the proposal complies with Section 63.5-1 of the Zoning Ordinance as well as the findings of fact specified in Section 71 of the Ordinance and has demonstrated that the proposal is consistent with the management strategy for the urban land use classification, and is not in conflict with any other policies of the CAMA Land Use Plan. Chairman White stated that no one had signed up to speak in opposition to or in favor of the request and that the Petitioner was not present. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the request by American Towers, LLC, for a Special Use Permit to construct and operate a 150’ monopole telecommunications tower facility on a 10,000 square foot leased area on a 28.16 acre parcel located at 1300 N. Kerr Avenue. Upon vote, the MOTION CARRIED 4 TO 0. Deputy County Attorney Sharon Huffman requested that Commissioner Wolfe’s motion include that all the findings were positive. Without objection, Commissioner Wolfe agreed to amend his motion as follows: Amended Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the request by American Towers, LLC, for a Special Use Permit to construct and operate a 150’ monopole telecommunications tower facility on a 10,000 square foot leased area on a 28.16 acre parcel located at 1300 N. Kerr Avenue based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 106 to be located and in general conformity with the plan of development for New Hanover County as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 51. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS, ON BEHALF OF ANDREW HALL, TO REZONE 5.71 ACRES OF PROPERTY LOCATED AT 6904 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL DISTRICT TO OFFICE AND INSTITUTIONAL CONDITIONAL ZONING DISTRICT FOR A RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE FACILITY Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planner Benjamin Andrea presented the request by Cindee Wolf of Design Solutions, on behalf of Andrew Hall, to appeal the Planning Board’s May 1, 2014 decision denying the request to rezone 5.71 acres of property located at 6904 Carolina Beach Road from R-15, Residential District, to O&I CZD, Office and Institutional Conditional Zoning District, for a recreational vehicle and boat trailer storage facility and presented a slide overview of the project. The subject property is classified as Wetland Resource Protection Area according to the 2006 CAMA Land Use Plan. The Planning Board denied the request 3 to 2 on the basis that the request was not reasonable and in the public interest and that approval would create a public nuisance in the vicinity of the subject site. One member of the public spoke in support of the request and one member of the public asked for clarification of the request but did not voice support or opposition to the request. Staff continues to recommend approval of the request finding that the proposal is consistent with the Zoning Ordinance and does not conflict with any goal or policy in the Land Use Plan. Chairman White noted that no one had signed up to speak in favor of or in opposition to the request and invited the Petitioner to make comments. Andy Hall, owner and petitioner, reported that it is a 33 acre tract of mostly wetlands with the front 5 acres being uplands. It is a unique property because of its location on Carolina Beach Road and the river cut-through at Snow’s Cut Bridge. He has the support of neighbors directly to the north and the south. He introduced Cindee Wolf of Design Solutions and requested she make the presentation. Cindee Wolf of Design Solutions, on behalf of Andrew Hall, provided an overview of the proposed project and area stating that the rezoning is a logical move for transition of uses. The use is being limited to boat and RV storage; any other use would have to come back before the Board. The use is a very low impact change of some gravel on the ground with the current building being used as the management office. The requirements for the driveway permit, the storm water management, screen buffers, landscaping and aesthetics will have to be met bringing the site into compliance. Currently, only the front section is being used and any crossing of the wetlands will have to be permitted by the US Army Corps of Engineers. In response to Board questions, Ms. Wolf responded that the Petitioner is requesting the O&I CZD because it locks the site in with the conditions with any modification having to come back before the Board. A 20 foot perimeter buffer around the entire site is required and any existing vegetation not sufficient to the requirement will have to be supplemented by a minimum of three rows of evergreen shrubs with a minimum of six foot high solid buffer of either vegetation or a combination of fencing and vegetation. In response to Board questions, Planning Board Representative Richard Collier stated that the reason the Planning Board denied the request by a 3 to 2 vote with concerns of whether this is the right location for this type of use along Carolina Beach Road. Concerns also included if people worked on their boat where they are stored and whether the RV’s would be used as a temporary camping area. The applicant assured the Planning Board that those things could be handled and taken care of. The Planning Board did feel that the buffering of this project to the adjacent residential uses could be handled well. The request was denied on the basis that it was not consistent with the land use in that area. Randy Crow, resident of Kelly in Bladen County, spoke in favor of the request, stating that it will increase the tax base where the dollars don’t have to come from property taxes. Garlin Atkins, resident on McQullian Drive, spoke in opposition to the request citing traffic and safety concerns on Carolina Beach Road and the needed protection of the wetlands. He stated the need for the use does not exist and there will be a potential for an environmental disaster with sewage, fuel or oil spills. He requested the Board deny the request. In rebuttal comments, Ms. Wolfe reported that with the current zoning of R-15 this property could support 47 homes which would have a greater impact on traffic than the low impact proposed use. The project is designed to take advantage of the uplands for the road and there will be a low generation of trips and not impact the type of traffic during peak hours. In rebuttal comments, adjacent property owner James Dowdy reported that he supports the proposed project stating that traffic will not be an issue. The wetlands are further back in the property and the Petitioner is not asking NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 107 to develop that area but to develop the higher land area. The Petitioner is not asking for electric or water to be extended which both would be needed in order to camp at the site. In response to Board questions about proposed lighting, Ms. Wolf reported that security lighting at the very front of the property where the management office will be will have to meet the County’s requirement and cannot infiltrate beyond the property and the buffer will screen the light from headlights. In response to Board questions concerning the wetlands, Ms. Wolf reported that an assessment of the wetlands was done about ten years ago on the entire site. The permit was on the verge of expiring and the wetland consultant went back to the US Army Corps of Engineers and re-verified the accuracy of the permit There is the requirement that allows you to get access on your property with minimum impact and so the crossing that is needed would happen no matter what use would be on this tract, permitting will be issued by the US Army Corps of Engineers. Hearing no further comments, Chairman White closed the Public Hearing. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the request by Cindee Wolf of Design Solutions, on behalf of Andrew Hall, to rezone 5.71 acres located at 6904 Carolina Beach Road from R-15 Residential District to Office and Institutional Conditional Zoning District for a recreational vehicle and boat trailer storage facility finding that the request is: 1) consistent with the purpose and intent of the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to rezone 5.71 acres of property located at 6904 Carolina Beach Road as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 97. BREAK Chairman White called for a break from 10:13 a.m. until 10:27 a.m. ADOPTION OF RESOLUTION AUTHORIZING THE DISPOSAL OF SURPLUS PROPERTY Commissioner Wolfe made a motion to adopt the resolution authorizing the disposal of surplus property as authorized in North Carolina General Statute 160A, Article 12 with Chairman White offering a second to the motion. Commissioner Barfield noted that the items being disposed of are from the WASTEC facility as it is being further deconstructed stating that he understands the reasons why the items are proposed to be disposed. Hearing no further comments, Chairman White called for a vote on the proposed motion. Motion: Commissioner Wolfe MOVED, SECONDED by Chairman White, to adopt the resolution authorizing the disposal of surplus property as authorized in North Carolina General Statute 160A, Article 12 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 XXXVIII, Page 12.9. DIRECTION TO STAFF TO CONTINUE HANDLING THE COUNTY’S SOLID WASTE Chairman White led the Board in a discussion concerning the handling of the County’s solid waste inviting Waste Industries USA, Inc. President and Chief Executive Officer Ven Poole to respond to concerns expressed during the Board’s June 12, 2014 agenda review: Mr. Poole provided the following information:  Waste Industries (WI) on average spends $20 a ton to dispose solid waste. Objective is to make sure the cost is commensurate with the market price.  New Hanover County’s rate of $55 a ton makes it one of the most expensive markets to operate in and that expense WI incurs is passed to customers.  Propose to stop landfilling, mothball the landfill and transfer waste to current existing infrastructure in Sampson County. The Sampson Landfill has 40 to 50 years of operating life, is operating, and has an active 10 megawatt power plant operating, treatment system is in place, and leachate is evaporated off the landfill using their methane gas.  Two ways can be done: 1) continuing to operate the landfill or 2) transfer it out. WI’s preference is to transfer and save the air space in New Hanover County so in the future when other available air space is gone New Hanover County has a low cost option for its citizens as opposed to using up its air space today and then having no air space available in the general vicinity in the future.  Two main points where WI and County staff differ on operational analysis. 1) Amount of waste tonnage generated in the County going forward and 2) diesel fuel 10 year projection. In using the Department of Environment Natural Resources (DENR) numbers to project forward, WI determined that there will be a tonnage increase of .7 percent a year. On diesel fuel, what is currently in WI’s NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 108 model for projected year 10 pricing is exactly same number that is in the U.S. Department of Energy’s analysis.  County staff’s presentation uses a flat rate of $18 per ton to operate the landfill and believes actual staffing and equipment costs should have been used in projection.  Propose to place a temporary rain cap that will shed off water and reduce amount that goes into the leachate system, run it through existing waste water treatment plant and either pump and haul it or put it in a pipe to the sewer authority. That water, up until today, is allowed to dump into the river so it's already been cleaned a good bit and you can put it in a pipe and send it down to the sewer system. A question and answer period was held with Mr. Poole providing the following information:  Most permits will require an entity to have no more than “x” open acres at any given time. WI proposes not to fill any more acres, not open next round of acres just constructed and put it in mothball status. Using a temporary rain cap allows you to take it back off and put more waste in that part of the landfill in the future as settling occurs and then you can come back at a later date and round it off so it is a nice dome top for the landfill. Closure costs of all forty acres today would be significant but does not have to be closed all at once. Responsibility is deferred if WI is allowed to place the temporary rain cap on which puts off closure until a future date under the proposed 10 year contract. This will allow the County to accrue enough money so it reopens the landfill you have the account balance you want for closure. Post closure costs, which start after landfill closure for thirty years in the future, under the current proposal, with the staff and the expanded landfill, is 40 years out into the future. Under WI proposal with the 10 year transfer out option, it's 50 years out into the future.  County Manager Chris Coudriet noted that the Alternate W proposal did include a rain cap as opposed to full closures, so that's reflective in the numbers. In response to questions on there being any risk that the permitting authorities would accelerate or force the County to do something other than what has been suggested, Environmental Management Director Joe Suleyman reported that staff sought guidance from NC Department of Environment and Natural Resources (NCDENR) on this issue. The regulation is very clear that any acreage that has reached final elevation must be closed within 180 days. Currently 16 of the 42 acres have reached final elevation; cells 6a though 6d have all reached final elevation and need to be closed within 180 days. Referencing the remaining acreage, waste will have to be placed in each disposal cell every 180 days in order to prevent final closure of those cells. A variance can be obtained from NCDENR, but that requires a permit modification and a plan will have to be developed showing how public health and safety will be protected. In NCDENR’s written response, in regard to the rain cap, it states that because the County is a coastal community and have had problems in the past with managing rain water during a major storm event they would not be likely to approve that rain cap as a long-term solution. In response to questions concerning the time left on the current open cells before needing to be closed, Director Suleyman stated there are 16 months of capacity remaining before we will be forced to go into the final constructed cell, which is 6e. Cell 6e has about 2 1/2 years of capacity remaining and then staff will need to transition to the southern property for a total of approximately 4 1/2 years left. In response to questions concerning the necessity to upgrade the wastewater facility and if it will be a requirement of NCDENR, Director Suleyman stated that if wastewater continues to be generated into the Northeast Cape Fear River then, yes, it is required. The reason being is that NCDENR has changed the discharge limits specifically as it relates to heavy metals; there are five different heavy metals that have to be treated at a much higher level in order to continue discharging. The constructed wetlands are unable to treat for metals as it is a purely biological system. Director Suleyman continued reporting that at the Board’s request he met with the Cape Fear Public Utility Authority (CFPUA) to see if the $3 million budgeted for the upgrade could be directed to infrastructure so the wastewater could be piped to a newer facility, either to Pender County or New Hanover County. CFPUA positively responded but stated that the County will be responsible for pretreating the leachate to meet the requirements; the addition of ammonia as well as the heavy metals was a concern. The $3 million investment is required no matter which investment option is chosen confirming that there are approximately 90 acres on the southern property that have yet to be used. After continued discussion, Chairman White requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to keep solid waste in the hands of County staff and proceed along those paths and follow the recommendations made by Director Suleyman. In response to Board questions concerning procedures with a four member Board and tabling the item until a full board of five Commissioners is assembled, County Attorney Copley reported the Board has the choice of proceeding with the vote to see if it is 2-2 or a substitute motion can be made to table the vote. Motion: Vice-Chair Dawson MOVED, SECONDED by Chairman White, due to the importance of this matter, and the fact that the citizens are not being represented with a full board, to table the item until there is a full board of five Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 109 In response to Board questions concerning what effect will tabling the item have on staff, County Manager Chris Coudriet reported that the approved budget included a five year commitment of a $55 tip fee, as well as ongoing investment in closure and post-closure costs, capital reserves, and fund balance reserves and construction of the Construction and Demolition facility which is anticipated to create a 30% diversion and 72 years of available space with the landfill both in the northern and the southern property. Chairman White called for a vote on the substitute motion. Motion: Vice-Chair Dawson MOVED, SECONDED by Chairman White, due to the importance of this matter, and the fact that the citizens are not being represented with a full board, to table the item until there is a full board of five Commissioners. Upon vote, the MOTION FAILED 2-2. Commissioners Barfield and Wolfe voted in opposition. Chairman White called for a vote on the original motion. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to keep solid waste in the hands of County staff and proceed along those paths and follow the recommendations made by Director Suleyman. Upon vote, the MOTION FAILED 2-2. Chairman White and Vice-Chair Dawson voted in opposition with Chairman White confirming with Counsel that since it is a tie vote, the status quo continues. In response to Board questions, County Manager Coudriet confirmed that the approved budget includes $1.15 million for the construction of the Construction and Demolition facility. The purchase of equipment that is on the current agenda is for the current budget year. In response to Board questions concerning the construction of the Construction and Demolition facility, County Manager Chris Coudriet reported that because of the costs associated with the item the Board will have the opportunity to review it and make a decision. ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH BANK OF AMERICA PUBLIC CAPITAL CORPORATION TO FINANCE THE ACQUISITION OF A CATERPILLAR BULLDOZER, A CATERPILLAR LOADER, AND A KENWORTH T800 ROLL-OFF TRUCK Assistant Finance Director Barbara McClure presented the request for the Board’s consideration to adopt the resolution authorizing the execution and delivery of an installment purchase contract with Bank of America Public Capital Corporation to finance the acquisition of a Caterpillar bulldozer, a Caterpillar loader, and a Kenworth T800 roll-off truck. The Board approved the purchase and intent to finance in the FY 13-14 budget ordinance. The County has purchased the Caterpillar Bulldozer in the amount of $698,940 and the Caterpillar Loader in the amount of $168,340 and a purchase order has been issued for the Kenworth T800 Roll-Off Truck in the amount of $144,838. On May 14, 2014, the Finance Office solicited proposals to finance the purchase of this equipment with the lowest total interest cost proposal provided by Bank of America Public Capital Corporation in the amount of $19,825.28. The required debt payment for FY 15 will be $171,991.21, which is included in the FY14-15 approved budget. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to adopt the resolution authorizing the execution and delivery of an installment purchase contract with Bank of America Public Capital Corporation to finance the acquisition of a Caterpillar bulldozer, Caterpillar loader, and a Kenworth T800 roll-off truck as presented. Upon vote, the MOTION CARRIED 3 TO 1. Vice-Chair Dawson voted in opposition. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 12.10. COMMITTEE APPOINTMENTS Airlie Gardens Foundation, Inc. Board of Directors Chairman White reported that two vacancies exist on the Airlie Gardens Foundation, Inc. Board of Directors with one applicant eligible for reappointment and two additional applications available for consideration. Chairman White nominated Hank Estep for reappointment and Raymond E. Bray for appointment. The nominations were seconded by Commissioner Barfield. Vote Results: The Board voted 4 to 0 to reappoint Hank Estep and appoint Raymond E. Bray to serve a three year term on the Airlie Gardens Foundation, Inc. Board of Directors with the term to expire on June 30, 2017. Cape Fear Community College Board of Trustees Chairman White reported that one vacancy exists on the Cape Fear Community College Board of Trustees with five applications available for consideration. Vice-Chair Dawson nominated Robert Martenis for appointment. The nomination was seconded by Commissioner Wolfe. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 110 Chairman White asked the Board if they would consider delaying this appointment for one month so other applications could be considered. Vice-Chair Dawson and Commissioner Wolfe withdrew their nomination. Cape Fear Museum Advisory Board Chairman White reported that five vacancies exist on the Cape Fear Museum Advisory Board with two applicants eligible for reappointment and four additional applications available for consideration. Commissioner Barfield nominated Nancy Ballard Cox and Nancy Pritchett for reappointment. The nominations were seconded by Vice-Chair Dawson. Vice-Chair Dawson nominated David Ball and William A. Oden, III. for appointment. Chairman White nominated Melissa Ivey for appointment and called for a vote on the slate of nominations. Vote Results: The Board voted 4 to 0 to reappoint Nancy Ballard Cox and Nancy Pritchett and appoint David Ball, Melissa Ivey, and William A. Oden, III, to serve three year terms on the Cape Fear Museum Advisory Board with the terms to expire on June 30, 2017. Cape Fear Public Utility Authority Chairman White reported that two vacancies exist on the Cape Fear Public Utility Authority with two applicants eligible for reappointment and three additional applications available for consideration. Commissioner Wolfe nominated Patricia O. Kusek and Charles Lawrence Sneeden, Jr. for reappointment. The nominations were seconded by Commissioner Barfield. Vote Results: The Board voted 4 to 0 to reappoint Patricia O. Kusek and Charles Lawrence Sneeden, Jr. to three year terms on the Cape Fear Public Utility Authority with the terms to expire on June 30, 2017. CoastalCare Area Board Chairman White reported that one vacancy exists on the CoastalCare Area Board with one applicant eligible for reappointment. Vice-Chair Dawson nominated Lee Andrew Jackson, Jr. for reappointment. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 4 to 0 to reappoint Lee Andrew Jackson, Jr. to serve a three year term on the CoastalCare Area Board with the term to expire on June 30, 2017. Alcohol Beverage Control Board Chairman White reported one vacancy exists on the Alcohol Beverage Control (ABC) Board; four new applications have been received for the Board’s consideration. The ABC Board has requested the extension of David Matthews’ term until September 30, 2014 to assist in the process of completing a multi-million dollar real estate project. The Board is also charged with appointing a chairman for the ensuing year. Commissioner Wolfe moved to extend the term of David Matthews until September 30, 2014. The motion was seconded by Vice-Chair Dawson. Vote Results: The Board voted 4 to 0 to extend the term of David Matthews to the Alcohol Beverage Control Board until September 30, 2014 at midnight. Commissioner Wolfe nominated William A. Kopp for appointment with the term to begin at midnight on September 30, 2014. The nomination was seconded by Vice-Chair Dawson. Vote Results: The Board voted 4 to 0 to appoint William A. Kopp to the Alcohol Beverage Control Board with the term to begin at midnight on September 30, 2014 and expiring June 30, 2017. Commissioner Barfield nominated Cedric Dickerson as Chairman for the ensuing year. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 4 to 0 to appoint Cedric Dickerson as Chairman of the Alcohol Beverage Control Board for the ensuing year. Parks and Recreation Advisory Board Chairman White reported that two vacancies exist on the Parks and Recreation Advisory Board with two applicants eligible for reappointment and five additional applications available for consideration. Commissioner Barfield nominated Frank Amoroso and Linda Reece for reappointment. The nominations were seconded by Commissioner Wolfe. Vote Results: The Board voted 4 to 0 to reappoint Frank Amoroso and Linda Reece to three year terms on the Parks and Recreation Advisory Board with the terms to expire on June 30, 2017. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 111 Social Services Board Chairman White reported that one vacancy exists on the Social Services Board with one applicant eligible for reappointment. Commissioner Barfield nominated Andrew Rinko for appointment. The nomination was seconded by Commissioner Wolfe. Vice-Chair Dawson requested the Board continue to advertise the vacancy for additional applications. Vote Results: The Board voted 3 to1 to appoint Andrew Rinko to a three year term on the Social Services Board with the term to expire on June 30, 2017. Vice-Chair Dawson voted in opposition. Parks Conservancy of New Hanover County, Inc. Board of Directors Chairman White reported that two vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with one applicant eligible for reappointment. Vice-Chair Dawson nominated Theron Marshall for reappointment. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 4 to 0 to reappoint Theron Marshall to a three year term on the Parks Conservancy of New Hanover County, Inc. Board of Directors with the term to expire on June 30, 2017. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that the following person had signed up to speak on non-agenda items:  Randy Crow, resident of Kelly North Carolina, spoke in support of the Special Use Permit process stating the need to address industries that impact the environment by local ordinances not leaving the responsibility to the North Carolina Department of Natural Resources when there are potential issues involving air quality or other environmental permitting. He stated he supports burning natural gas because it produces cleaner emissions than hazardous waste burned as fuel. BREAK Chairman White called for a break from 11:32 a.m. until 11:42 a.m. CLOSED SESSION Chairman White announced a Closed Session pursuant to North Carolina General Statute 143-318.11(a)(3) to consult with the County Attorney regarding a matter of potential litigation. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to enter into a Closed Session pursuant to General Statute 143-318.11(a)(3) to consult with the County Attorney regarding a matter of potential litigation. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White convened to Closed Session at 11:43 a.m. CONVENE TO REGULAR SESSION Chairman White convened the meeting to Regular Session at 11:56 a.m. and reported that the Board has concluded its discussion of a matter of potential litigation with our legal counsel. The Board has reached a consensus that the County will not file a lawsuit against Clancy & Theys Construction Company (Clancy & Theys) for its defective work on the William Allen Cobb Judicial Annex. A lawsuit would result in protracted and expensive litigation. Taxpayer monies will be more efficiently spent toward correcting the deficiencies. While the County is not going to proceed with a lawsuit, the Board has determined that Clancy & Theys will not be placed on the County’s approved prequalification list to bid on County construction projects. A media release with the details of this matter will be available after the meeting is adjourned. Hearing no further business, Chairman White requested a motion to adjourn the meeting. Motion: Commissioner Barfield MOVED, SECONDED by Chairman White, to adjourn the meeting. County Attorney Copley advised Chairman White that a vote needed to be taken on the statement that was read into the record with Chairman White stating that there was consensus. County Attorney Copley confirmed that a vote was needed. Chairman White read the following statement into the record: After coming out of Closed Session the Board has discussed a matter of potential litigation with our counsel. It has reached a consensus that the County will not file a lawsuit against Clancy & Theys for its defective work on the Cobb Annex. A lawsuit would result in protracted and expensive litigation. Taxpayer monies will be more efficiently spent toward correcting the deficiencies. While the County is not going to proceed with a lawsuit, the Board has determined that Clancy & Theys will not be placed on the County’s approved prequalification list to bid on County construction projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 16, 2014 PAGE 112 Chairman White requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to approve the statement that was read into the record reflecting the Board’s action not to file a lawsuit against Clancy & Theys Construction Company for its defective work on the William Allen Cobb Judicial Annex with the determination that Clancy & Theys will not be placed on the County’s approved prequalification list to bid on County construction projects as presented. Upon vote, the MOTION CARRIED 4 TO 0. ADJOURNMENT Chairman White stated that a media release with these details will be available after the meeting is adjourned andwithout objection adjourned the meeting at 11:59 a.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.