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2014-08-11 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 127 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 11, 2014, 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 Manager Chris Coudriet; County Attorney Wanda M. Copley; and Interim Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barfield provided the invocation and Commissioner Wolfe 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 meeting as presented by the Clerk to the Board: Regular Meeting held on July 21, 2014. Approval of Application for the Waiver of Landfill Tipping Fees from Kids Making It – Environmental Management The Commissioners approved the application to waive landfill tipping fees for Kids Making It. The one- time, event-based waiver request was due to the renovation of office space at their new building on Castle Street. The estimated waste generated from this project is not expected to exceed five tons. To date for the current fiscal year, a total of $603.18 in tipping fees has been waived. A copy of the application is available for review in the Environmental Management Department. Appointment of New Members to the Cape Fear Community College Public Safety Center Training Facility Advisory Board – Fire Services The Commissioners appointed Battalion Chief Jennifer Smith and Deputy Chief Matt Davis to the Cape Fear Community College Public Safety Center Training Facility Advisory Board to replace the existing County staff members due to recent promotions and realignments in Fire Services. Appointment of DSS Director Nesmith to Eastern Carolina Human Services Agency, Inc. Board – Governing Body The Commissioners appointed DSS Director LaVaughn Nesmith to the Eastern Carolina Human Services Agency, Inc. Board as its representative of a public sector advocate for low-income families. The new agency currently provides services to low-income families in Onslow, Duplin and Pender counties through funding from the State and will be administering the Community Services Block Grant Program in New Hanover County beginning October 1, 2014. Approval of Agreement to Accept 808 Meadow Street Property as a Gift – Cape Fear Museum The Commissioners approved an agreement with Jim and Rhonda Schoolfield of Fifth and Orange LLC, to acquire property at 808 Meadow Street for use by the Cape Fear Museum. This particular lot connects with property already owned by the County and will allow for an improved entry to the museum with changes planned for the outdoor grounds. The County will accept a deed of gift for the lot and pay Fifth and Orange, LLC for environmental investigation and remediation in the amount not to exceed $15,000. The appraised value is $38,000 and the tax value is $14,140. A copy of the agreement is available for review in the Legal Department. Acceptance of Four Donations for Accession into the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted four donations for accession into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at its meeting on July 16, 2014. A list of the items is available for review at the Cape Fear Museum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 128 Adoption of Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books – Register of Deeds The Commissioners adopted a resolution approving the removal of Register of Deeds New Hanover County Record of Incorporation VA-9-2, 1939, Record of Partnerships, Bond Book 492, 1887, Record of Partnership and Trade Name, 1968, Railroad Book 492, 1951, Hats of Incorporation, 1886, Record Book 1870; Map Book 1, Pages 1, 2, 5a-5b, 8-9, 10a, 10b, 11, 12, 13, 14a-14b, 15, and 16a-16b; Map Book 2, Pages 1 thru 145; Map Book 3, Pages 1-18, 49, and 122-145; Map Book 4, Pages 88-92 from the New Hanover County Registry for the purposes of repair, restoration and rebinding by C. W. Warthen. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.1. Approval of June 2014 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of June 2014: New Hanover County New Hanover County Fire District Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 14.2. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-005 Museum 15-006 Library 15-007 Budget Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 14.3. REGULAR ITEMS OF BUSINESS INTRODUCTION OF INTERIM UNCW CHANCELLOR DR. WILLIAM A. SEDERBURG Chairman White introduced and welcomed Interim Chancellor Dr. William A. Sederburg of the University of North Carolina Wilmington. Dr. Sederburg spoke on his career and years of experience and commented on his pleasure in serving as the Interim Chancellor at UNCW while the university searches for a new chancellor. As an advocate for regionally oriented services, he offered his commitment to work with the County and City for the greater good of the community. ADOPTION OF PROCLAMATION DECLARING AUGUST 2014 AS COAST GUARD MONTH IN NEW HANOVER COUNTY Vice-Chair Dawson presented the request for the Board’s consideration to adopt the proclamation declaring August 2014 as Coast Guard Month in New Hanover County. USCG Sector North Carolina Captain Sean Murtagh was present to accept the proclamation. Vice-Chair Dawson read the proclamation into the record and moved for adoption. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation declaring August 2014 as Coast Guard Month in New Hanover County as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.4. CAPE FEAR MUSEUM ADVISORY BOARD ANNUAL UPDATE Cape Fear Museum Advisory Board Chairman Allen Trask, III presented the annual update highlighting the following:  Cape Fear Museum of History and Science:  Fundraising Efforts of 2013-14 Achievements = $120,747  Associates: $24,056 (20%)  Individuals: $14,246 (12%)  Grants: $40,326 (33%)  Planetarium: $20,403 (17%)  Board gifts: $16,778 (14%)  Corporate: $2,947 (2%)  Special events: $1,992 (2%)  Planetarium special event includes $10,749 of additional Board participation NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 129  Collecting and preserving:  Holds more than 52,000 artifacts in collection.  Balances goal of protecting and conserving while providing community access through exhibits, on-line experiences, and by loaning artifacts to other Museums.  Collaboration with the North Carolina Museum of History:  Working together to hold an exhibit on the history of the movies in the state.  Loaned 100 objects for their 8,000 square foot exhibit. In exchange the Museum will receive elements of their exhibit to design and develop into a smaller version for display in the Museum’s largest changing gallery (1,800 square feet).  Education:  School programming served nearly 13,000 children.  2,187 fourth graders came to People of the Past, now in its 38th year, and had a hands-on history experience at the Museum.  1,838 first grade students discovered basic principles of physics in the Forces in Motion program, funded in part by a grant from Eshelman Foundation.  Last year, Cape Fear Museum Associates raised funds to purchase a new digital portable planetarium (unveiling on November 17) and will fund internships to support expanding planetarium programming during FY 2015.  Exhibits:  Cape Fear Stories  A View from Space  WWII: A Local Artist’s Perspective  Make it Work – Opening Fall 2014  Reflections in Black and White – Opening May 2015  Outdoor Learning Environment:  Refining plans, value-engineering options  Incorporating donated land  Leveraging added support  Planning:  The Museum will be welcoming and orienting a new director as Museum Director Ruth Haas has retired. It will be an ideal time to revisit, revitalize, and revision the Museum’s direction. With the leadership of a new director and active involvement of both the Museum Advisory Board and Cape Fear Museum Associates, Inc., it would be an opportune time to develop a new strategic plan more closely aligned with the County’s strategic plan to sharpen the important role the Museum plays in the quality of life and economic development of the County.  With the County’s continued support and encouragement, the Museum will change to serve the evolving needs of the community by preserving and exhibiting our heritage and educating visitors about the region. On behalf of the Board, Chairman White thanked Mr. Trask for the update. NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL (JCPC) ANNUAL UPDATE New Hanover County Juvenile Crime Prevention Council Chair Novella Frieslander presented the annual update on the programs that receive JCPC funding to treat the needs of juveniles at risk of delinquency by providing treatment, counseling, or rehabilitation for juveniles and their families. The three programs are:  Teen/Youth Court, designed to reach young offenders at a crucial time by giving them a second chance and allowing the court system to focus on more serious offenders in the court system, served 73 students (58 referrals from the School Resource Officer).  Youth Empowerment Services Division provided psychological assessment and counseling services to 155 youths and their families and its Community Service and Restitution Program served 278 youths.  Family Services, through AMIkids, provided functional family therapy to those who have a youth on probation at a level 1 (medium risks or needs) or level 2 status. The program has been very effective. th A luncheon was held on May 16 to recognize the hard work of the staffs from these programs and also to recognize Sue Jaindl for her work with the JCPC. Chair Frieslander expressed appreciation to the Commissioners for their support of the programs. On behalf of the Board, Chairman White thanked Ms. Frieslander for the update. ADOPTION OF RESOLUTION AWARDING CONTRACT TO APRIL S. LEE & ASSOCIATES TO FURNISH AND INSTALL SECURITY WIRE MESH PARTITIONS AT THE COUNTY'S DETENTION FACILITY Major Martin Adams of the Sheriff’s Office presented a request for an award of contract to April S. Lee & Associates for the installation of wire mesh partitions in four housing units at the Detention Facility. He requested an exception to the bidding requirements and award of the contract to April S. Lee & Associates, the sole manufacturer and fabricator of the wire mesh partitions, in an amount not to exceed $237,500, as approved in the FY 2015 budget. The remaining five housing units would be completed during FY 2016. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 130 Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt a resolution awarding contract to April S. Lee & Associates in an amount not-to-exceed $237,500 to furnish and install security wire mesh partitions in four housing units at the County's Detention Facility during FY 2015 and five housing units during FY 2016 pursuant to budgeted amounts. 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 14.5. APPROVAL OF BICYCLE AND PEDESTRIAN LOCAL MATCH COMMITMENT AWARENESS LETTER TO NCDOT DIVISION OF BICYCLE AND PEDESTRIAN TRANSPORTATION Planning and Inspections Director Chris O’Keefe presented a request for the Chairman to sign and send a letter to NCDOT Division of Bicycle and Pedestrian Transportation acknowledging that the County has submitted bike and pedestrian projects to the Wilmington Urban Area Metropolitan Planning Organization and that the County is aware that it would need to commit a 20% non-federal funding match for the following projects:  B141327 NC132 (North College Road) Multi-Use Path from SR2208 (New Town Drive) to Danny Pence Drive (Trask Middle School and Laney High School).  B141263 Holly Shelter Road Sidewalk from NC 133 (Castle Hayne Road) to Rogers Haynes Drive (Castle Hayne Elementary and Holly Shelter Middle School).  B141261 North 23rd Street Bicycle Lanes from SR1318 (Blue Clay Road) to US 17 BUS (Market Street). In response to questions pertaining to the County’s commitment on future budgets, Director O’Keefe explained that no funds are budgeted for the road projects at this time and these projects could proceed without having the bike or pedestrian components as that portion of each project requires a local match. The projects would become part of future budgets if the Commissioners deemed it appropriate once NCDOT prioritizes the projects. Chairman White requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to authorize the Chairman to sign the local match awareness letter to NCDOT Division of Bicycle and Pedestrian Transportation on the County’s commitment to a 20% non-federal funding match for three bicycle and pedestrian projects as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the signed letter is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.6. APPROVAL OF PILOT PROGRAM TO WAIVE LANDFILL TIPPING FEES FOR SOURCE- SEPARATED SHEETROCK AND WOOD WASTE BEING SENT FOR RECYCLING Environmental Management Director Joe Suleyman presented a proposal on waiving landfill tipping fees for source separated sheetrock and wood waste for recycling. River Bluffs Development has asked the County to consider a program for recyclable materials generated by new construction activities. He provided the following PowerPoint presentation: Construction and Demolition (C&D) Recycling Pilot Program  Goals and Objectives  Divert valuable commodities away from landfill disposal  Incentivize builders in NHC to increase recycling and diversion at construction sites  Significantly reduce processing costs (labor and equipment time)  Pilot Program: Targeted Waste Streams  Lumber and pallets  Sheetrock  Asphalt shingles  Concrete and other masonry materials  Builder’s Commitments  Scrap materials are separated and delivered to the landfill by type (source separated)  Eliminate contamination from waste streams  Understanding that normal tip fee will be assessed if waste is contaminated  NHC Landfill Commitments  Inspect incoming source-separated loads  Waive tipping fees for loads that are free from contamination  Track diversion rates and analyze cost/benefit over pilot’s duration and report back to Board  Pilot Program Summary  Builders source separate construction materials on site and deliver material to the NHC landfill’s C&D diversion pad  Tipping fees waived for “clean” loads  Pilot runs through June 30, 2015  Data gained from pilot used to establish future fee schedule  Diversion outcomes  Wood waste is ground and used as boiler fuel NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 131  Sheetrock is ground and used as a soil amendment/conditioner  Asphalt shingles are ground and mixed with paving asphalt Burrows Smith, Vice President and Managing Partner of River Bluffs Development, expressed appreciation to the Board for its consideration of the pilot program and spoke of his recent visit to the landfill where he was very impressed with its operations. However, he realized that construction debris could be handled more efficiently. As sheetrock and wood debris make up thirty-five percent of debris in the landfill and it is difficult to handle, the County could have a savings by not having to separate recyclables from the load. He has a commitment from the seven builders at River Bluffs to source separate the clean recyclable materials from other waste, which would be a significant cost savings to the builders. He believed that others in the community would want to take advantage of the program and he plans to provide the program details to the Home Builders Association and other large builders if the Commissioners support the program. In response to questions, Director Suleyman explained that normally all debris at a construction site are dumped into one container. Treated or engineered wood products are not recyclable; however, a huge part of the wood waste can be recycled. Old asphalt shingles or scrap shingles can be reprocessed or ground for road asphalt material and has a revenue stream. Sheetrock material (gypsum) can be ground and used as a soil amendment. Scrap metal, concrete, and brick can all be removed from the waste stream and be recycled to generate revenue. In further discussion, Director Suleyman explained that the typical costs to the County to process a load of waste is about $130 an hour in labor and equipment. A typical load going into the landfill is roughly two tons at $55 per ton for the tip fee, which would be a loss in revenue of $110. The source-separated load would be much easier and faster to process. Additional benefits would be the savings of landfill space, reduction in toxic gases from sheetrock, and additional revenues from marketing the recyclable materials. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve a trial period that waives the tipping fee for source-separated construction materials for the remainder of FY14-15, and assesses program effectiveness, impact on airspace savings, and program costs. Upon vote, the MOTION CARRIED 4 TO 0. APPROVAL TO PURCHASE A REPLACEMENT FIRE AERIAL/QUINT TRUCK IN THE AMOUNT OF $883,500 FROM ATLANTIC EMERGENCY SOLUTIONS AND TO DISPOSE OF A 1997 SUTPHEN AERIAL TRUCK. C County Manager Coudriet reported thattheounty is taking advantage of a piggyback purchase using an exception to the formal bidding requirements through a competitive bidding group purchasing program with Houston-Galveston Area Council (HGAC). Funds are budgeted in this fiscal year to purchase one replacement Pierce Arrow XT Aerial/Quint Truck in the amount of $883,500. The HGAC meets general statutes requirement and currently has a contract with American Emergency Solutions, who will contract with Pierce Manufacturing for construction of the apparatus per provided specifications. The fire department previously used HGAC in FY13-14 to purchase one Fire Tanker. The Department is also requesting that the Board declare a 1997 Sutphen Aerial Truck surplus property and authorize its disposal according to NCGS 160A, Article 12, which governs the disposal of surplus property. The apparatus has been in service since January 1, 1997 and has reached the end of its useful life. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to adopt a resolution approving the purchase of one 2015 Pierce Arrow Aerial/Quint Truck using an exception to the formal bidding requirements and approving the disposal of one 1997 Sutphen Aerial Truck according to NCGS 160A, Article 2, which governs the disposal of surplus property. 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 14.7. APPOINTMENT OF ROGER KELLEY AS THE TAX ASSESSOR (TAX ADMINISTRATOR) AND TAX COLLECTOR (COLLECTOR OF REVENUE), ADMINISTRATION OF OATH OF OFFICE, AND APPROVAL OF THE CHARGE OF 2014 LEVY. County Manager Coudriet recommended the appointment of Roger Kelley as Tax Assessor and Collector of Revenue to carry the functional title of Tax Administrator for New Hanover County. As discussed at the August th 7 Agenda Review, the Commissioners agreed to change the term to a two-year term effective August 11, 2014 until August 11, 2016. Chairman White requested direction from the Board. Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to appoint Roger L. Kelley as Tax Administrator and Collector of Revenue for a term of two years from August 11, 2014 until August 11, 2016, as authorized by North Carolina General Statutes 105-294 and 105-349. Upon vote, the MOTION CARRIED 4 to 0. Administration of Oath of Office Chairman White administered the Oath of Office to Tax Administrator Roger L. Kelley. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 132 A copy of the oath of office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.8. Approval of the 2014 Charge of Levy – Tax Department Motion : Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to approve the 2014 Charge of Levy, pursuant to North Carolina General Statute 105-321 and 105-347. A copy of the charge is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.9. ACKNOWLEDGEMENT OF INTERIM APPOINTMENT OF CLERK TO THE BOARD AND ADOPTION OF RESOLUTION DELEGATING SUPERVISORY AUTHORITY TO THE COUNTY MANAGER th County Manager Coudriet reported that at the August 7 Agenda Review the Board appointed Deputy Clerk Teresa Elmore as Interim Clerk to the Board at her current salary and to include a cell phone allowance of $75 per month; and he requested the adoption of a resolution delegating the supervisory authority of the Clerk to the Board to the County Manager. Recognizing that assistance may be required for a five-member Board of Commissioners to supervise daily activities of staff assigned to the department of the Governing Body, it is more effective and efficient for the County Manager to have supervisory authority over the Clerk to the Board in carrying out duties associated with the daily operations. The Clerk to the Board will continue to serve at the pleasure of the Board by performing administrative work and overseeing administrative operations of the Governing Body Office, pursuant to NC General Statute 153A-111 and under the “typical class essential duties” in classification specification that is maintained by Human Resources. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to adopt a resolution delegating supervisory authority of the Clerk to the Board to the County Manager. 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 14.10. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman White reported that vacancies exist onthe Adult Care Home Community Advisory Committee with one new application available for consideration and requested nominations from the Board. Vice-Chair Dawson nominated Pamela Applewhite for appointment. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 4 TO 0 to appoint Pamela Applewhite to serve the initial term of one year on the Adult Care Home Community Advisory Committee with the term expiring August 31, 2015. Appointments to the Library Advisory Board Chairman White reported that three vacancies exist on the Library Advisory Board with two applicants eligible for reappointment and additional applications available for consideration and requested nominations from the Board. Vice-Chair Dawson nominated John Osinski and Delores H. Rhodes for reappointment and Andrew Rinko for appointment to serve three-year terms. Vote Results: The Board voted 4 TO 0 to reappoint John Osinski and Delores H. Rhodes and appoint Andrew Rinko to serve three-year terms on the Library Advisory Board with the terms to expire on August 31, 2017. Appointments to the Nursing Home Community Advisory Committee Chairman White reported that up to four vacancies exist on the Nursing Home Community Advisory Committee with three applicants eligible for reappointment and no other applications on file. Commissioner Wolfe nominated Julie Brewer, Denise A. Shuart, and Janet A. Stump for reappointment. The nominations were seconded by Vice-Chair Dawson. Vote Results: The Board voted 4 to 0 to reappoint Julie Brewer, Denise A. Shuart, and Janet A. Stump to serve three-year terms on the Nursing Home Community Advisory Committee with the terms to expire on August 31, 2017. Appointments to the Risk Management Advisory Committee Chairman White reported that two vacancies exist on the Risk Management Advisory Committee with two applications available for consideration and requested direction from the Board. Commissioner Wolfe nominated George Chadwick, III and Deborah Watts for reappointment. The nominations were seconded by Vice-Chair Dawson. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 133 Vote Results: The Board voted 4 TO 0 to reappoint George Chadwick, III and Deborah Watts to serve three-year terms on the Risk Management Advisory Committee with the terms to expire on September 1, 2017. BREAK Chairman White called for a break from 5:10 p.m. until 5:20 p.m. Appointment to The Southeastern Partnership Inc. Board of Directors Chairman White reported that New Hanover County is entitled to make an appointment to the newly formed The Southeastern Partnership, Inc. Board of Directors, and by acclamation he called for a motion to appoint Vice-Chair Dawson. Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to appoint Vice-Chair Dawson to The Southeastern Partnership, Inc. Board of Directors. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING ON BOND ORDER AUTHORIZING ISSUANCE OF $160,000,000 GENERAL OBLIGATION SCHOOL BONDS AND ADOPTION OF BOND ORDER AND RESOLUTION CALLING FOR ELECTION Chairman White stated that at the Regular Meeting of the Board of Commissioners held on July 21, 2014, the Board introduced the bond order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF $160,000,000 GENERAL OBLIGATION SCHOOL BONDS” and directed staff to publish a notice that the Board of Commissioners would hold a public hearing on August 11, 2014 at 4:00 p.m. or as soon thereafter as practicable. The Clerk to the Board has caused a Notice of Public Hearing on the Bond Order to be published in a qualified newspaper on July 25, 2014. Chairman White opened the Public Hearing and asked if anyone present would like to comment on the validity of the school bond order and the advisability of issuing the bonds. Former New Hanover County Manager Bruce Shell spoke on the importance of voters understanding the bond issue and its impact on County Government. He urged the Commissioners as the taxing authority to provide leadership through education and communication about the impact of bond debt on property taxes. He disagreed with staff’s analysis that new debt would require a four-cent tax increase and he proposed that when placing all the debt in an amortization schedule, a two-cent tax increase would be needed in fiscal year 2020, which would be the highest year of debt. He said that he did not use any other revenue sources or projected revenue growth to support his calculation. In response to Board questions, County Manager Coudriet explained that the County has other capital needs and it will need to reserve some capacity for predictable debt going forward, such as for future expansion of the jail. To sustain local government as it is today and pay the debt as of July 1, 2015, the tax rate will need to increase by five cent to 60.4 cents or local government may need to be reimagined. The analyses done by the finance director, assistant managers, as well as the budget office have said that an average of three percent increase over 20 years would be needed to cover the bond. He recommended increasing taxes by four cent to generate the revenues needed in the first year of debt service to match the cash on hand for the obligation. Commissioner Barfield commented that citizens will need to know school bonds would require a tax increase whether two cents or four cents to cover the expense. While residents may not have seen a tax increase for the $160 million bond for Cape Fear Community College, the County had to contract services, lay off employees and implement furlough for employees. Vice-Chair Dawson commented that voters will need to educate themselves about the bond referendum and consider the ultimate goal the educational facilities would have on the community in educating our children for years to come. She pointed out that purchasing the $160 million bonds would occur over a period of time and at the same time other debt from the community college bonds would be paid off. There being no further comments, Chairman White requested a motion to close the Public Hearing. Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to close the Public Hearing. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White requested a motion to adopt the Bond Order without change or amendment and direct the Clerk to the Board of Commissioners to publish a notice of adoption, as prescribed by The Local Government Bond Act. Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to adopt the Bond Order without change or amendment and direct the Clerk to the Board of Commissioners to publish a notice of adoption, as prescribed by The Local Government Bond Act. Upon vote, the MOTION CARRIED 3 TO 1. Chairman White voted in opposition. Chairman White stated that the Board has before it a RESOLUTION SETTING A SPECIAL BOND REFERENDUM AND DIRECTING THE PUBLICATION OF NOTICE OF A SPECIAL BOND REFERENDUM AND NOTIFICATION OF THE NEW HANOVER COUNTY BOARD OF ELECTIONS, and asked for a motion to adopt the resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 134 Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt a RESOLUTION SETTING A SPECIAL BOND REFERENDUM AND DIRECTING THE PUBLICATION OF NOTICE OF A SPECIAL BOND REFERENDUM AND NOTIFICATION OF THE NEW HANOVER COUNTY BOARD OF ELECTIONS. In discussion of the motion, Chairman White stated that everyone needs to be reminded that in 1994 the average debt per citizen was $196 and at the end of 2013 it was $1,416. The population went from 134,000 to 209,000. The assessed tax value increased from $7.8 billion to more than $29 billion. The ratio of debt increased from .33 to more than one percent per person without consideration of the proposed school bond. He expressed concern that eventually citizens would not be able to afford increasing debt and the County would be unable to maintain its bond rating if debt continued to grow at the current rate. As there are many needs in the schools, he believed that a hard discussion needs to occur among the community on how to pay for school facilities if the bond referendum fails. Commissioner Barfield commented on the transformation that occurred downtown with the new streetscape, additional parks and trails throughout the city, and the new buildings for Cape Fear Community College because the citizens demanded it. The citizens of the County will decide the fate of their community because they understand new schools will come with a price tag. They will determine the outcome based on their vote for the bond referendum. Chairman White called for a vote on the MOTION made by Commissioner Barfield, SECONDED by Commissioner Wolfe, to adopt a RESOLUTION SETTING A SPECIAL BOND REFERENDUM AND DIRECTING THE PUBLICATION OF NOTICE OF A SPECIAL BOND REFERENDUM AND NOTIFICATION OF THE NEW HANOVER COUNTY BOARD OF ELECTIONS. Upon vote, the MOTION CARRIED 3 TO 1. Chairman White voted in opposition. A copy of the bond order and resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 14.11. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY NEW HANOVER REGIONAL MEDICAL CENTER TO REZONE 26.93 ACRES LOCATED AT 151 SCOTTS HILL MEDICAL DRIVE FROM (CUD) O&I, OFFICE AND INSTITUTIONAL CONDITIONAL USE DISTRICT TO (CZD) O&I, OFFICE AND INSTITUTIONAL CONDITIONAL ZONING DISTRICT FOR THE ADDITION OF A HELICOPTER PAD TO THE PREVIOUSLY APPROVED SITE PLAN (Z-934, 7/14) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planner Ben Andrea presented the request by New Hanover Regional Medical Center to rezone 26.93 acres located at 151 Scotts Hill Medical Drive from (CUD) O&I, Office and Institutional Conditional Use District to (CZD) O&I, Office and Institutional Conditional Zoning District for the addition of a helicopter pad to the previously approved site plan and presented a slide overview of the request. The subject property is classified as Transition according to the 2006 CAMA Land Use Plan. On January 8, 2007, the Board voted 4-0 to rezone 45.4 acres from R-15, Residential District, to CUD (B- 1), Conditional Use Business District, and CUD (O&I), Conditional Use Office and Institutional District. The 18.47 acres rezoned to CUD (B-1) comprised the property for the “Scotts Hill Village” project, and the remaining 26.93 acres (which is also the acreage subject to the current rezoning request) were rezoned to CUD (O&I) for office and institutional uses including a hospital, personal care facilities, and offices for professional activities. Planning Staff met with the applicant team in Fall 2013 to discuss some proposed changes to the 26.93 acre CUD (O&I), which included changing some of the building layouts and footprints and adding a helicopter pad at the site for emergency use. Staff determined that the building reconfiguration could be approved as a minor modification, but the helipad addition would constitute a major revision, requiring approval of a new conditional district. On February 7, 2014, staff granted approval of a minor revision that allowed for a modification of the building sizes and site configuration, consistent with the authority for such changes allowed by Section 55.2-5: Alterations to Approved Conditional Use Districts. The proposed addition of the helicopter landing pad to the site is in conformity with all applicable provisions of the Zoning Ordinance. However, the helipad constitutes a major modification to the site plan, warranting the current rezoning request. Staff finds the request consistent with the regulations prescribed in the Zoning Ordinance and on July 10, 2014 the Planning Board voted 6-0 to recommend approval of the rezoning allowing for the inclusion of the helipad. No one from the public spoke in support or in opposition to the rezoning request. In discussion of an email from Joe C. Strickland objecting to limiting the setback to 90 feet for trees along the back border of the property, Planner Andrea explained that the Zoning Ordinance requires a minimum of a 20- foot wide buffer area or half of the building setback with the minimum requirement of 65 feet. Chairman White stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments if they wished to be heard. Tom Walsh, Vice-President of Facilities and Support Services with New Hanover Regional Medical Center, was present to speak on behalf of the rezoning request and to respond to questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 11, 2014 PAGE 135 Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve the request by New Hanover Regional Medical Center to rezone 26.93 acres located at 151 Scotts Hill Medical Drive from (CUD) O&I, Office and Institutional Conditional Use District to (CZD) O&I, Office and Institutional Conditional Zoning District for the addition of a helicopter pad to the previously approved site plan as presented finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest. 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 5 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 5, Page 71. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. COMMENTS FROM STAFF County Manager Coudriet reminded the Board and the public of two upcoming County meetings: th  The Planning and Inspection Department will hold a community meeting on August 12 from 4:00 p.m. to 7:00 p.m. at the New Hanover County Courthouse on Plan NHC regarding the Theme Reports on the Comprehensive Plan. th  The Commissioners will hold a Joint Meeting with Wilmington City Council on August 26 at 10:00 a.m. at the Executive Development Center to begin setting priorities on economic development strategies from the Garner Report. ADJOURNMENT There being no further business,Chairman White adjourned the meeting at 6:00 p.m. Respectfully submitted, Teresa P. Elmore Interim 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.