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2014-10-06 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 6, 2014 PAGE 152 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 6, 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; Deputy County Attorney Kemp Burpeau; and Interim Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wolfe provided the invocation and Vice-Chair Dawson 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 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 meeting as presented by the Interim Clerk to the Board: Special Meeting held on August 26, 2014 Regular Meeting held on September 15, 2014 Appointment of Rick Richards to the Cape Fear Public Transportation Authority (CFPTA) as the Human Services Agency Representative – Governing Body The Commissioners appointed Rick Richards, CEO of Elderhaus, to the Cape Fear Public Transportation Authority Board. He will represent the human services agencies that use WAVE transportation for their clients. Wilmington City Council recommended the appointment as this is a joint appointment between the two governing bodies. The three-year term will expire December 31, 2017. Adoption of Disability Awareness and Employment Month Proclamation – County Manager’s Office The Commissioners adopted a proclamation recognizing October 2014 as “Disability Awareness and Employment Month” in New Hanover County. Chairman White is scheduled to present the proclamation at a Cape Fear Disability Commission event on October 15, 2014. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 16.1. Adoption of Fire Prevention Week Proclamation – Fire Services The Commissioners adopted a proclamation recognizing October 5-11, 2014 as Fire Prevention Week in New Hanover County. The 2014 theme is, “Working Smoke Alarms Save Lives: Test Yours Every Month!" A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 16.2. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-015 Sheriff 15-016 Department of Social Services 15-017 Sheriff 15-018 Department of Social Services 15-020 Emergency Management and 911 Communications Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 16.3. REGULAR ITEMS OF BUSINESS ADOPTION OF DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION Chairman White presented the request for the Board’s consideration to adopt the proclamation recognizing October 2014 as Domestic Violence Awareness Month in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 6, 2014 PAGE 153 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 recognizing October as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED 4 TO 0. Andrea Stough, Advocate/Outreach Coordinator, Domestic Violence Shelter and Services, Inc., and Shequana P. Sidburry, sister of Tarica Pulliam, a County employee who lost her life in an act of domestic violence, were present to accept the proclamation. They invited everyone to attend the Take Back the Night March and Rally to End Domestic Violence event on October 9, 2014. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 16.4. APPROVAL OF WAIVER OF PARK FEES FOR THE 2014 CROP HUNGER WALK Parks and Gardens Director Tara Duckworth reported that several non-profit organizations and local charities use Hugh MacRae Park every year for their fundraisers. The County currently charges $150 for walk-a- thon in the parks and the rates are generally consistent with neighboring communities. The Crop Hunger Walk is the only non-profit that seeks the Commissioners to waive the fees. Last year they raised nearly $11,000 with 25% of the funding going to NourishNC for New Hanover County Schools' weekend backpack food program. Annual revenue from similar uses in the parks is approximately $4,000. Staff is concerned that the facilities would become overburdened and would cause a negative experience for park users as more non-profit groups request waivers of the fees. In order to be consistent with the fee schedule for all non-profit organizations, she recommended denial of the waiver request. Motion : In appreciation of efforts by the Crop Hunger Walk organization in helping children in the County’s schools, Vice-Chair Dawson MOVED, to approve the waiver of park fees. Amended Motion: Commissioner Barfield SECONDED the motion to approve the waiver and spoke in support of the NourishNC program through the Crop Walk and added to the motion that signs be posted in the park that read “no pets within playground areas” for sanitary concerns. Upon vote, the MOTION CARRIED 4 TO 0. APPROVAL OF ADOPTION OF COUNTY ORDINANCE AMENDING CONSTRUCTION PREQUALIFICATION PROCESS Deputy County Attorney Kemp Burpeau requested the Board to approve the forms, process, and criteria for the prequalification process for construction contracts. The General Assembly recently enacted Session Law 2014- 42 requiring local jurisdictions to adopt written procedures should they choose to prequalify construction contractors. The procedures allow contractors to be approved prior to submitting a bid that may have been rejected as being unqualified or a nonresponsive bid for construction contracts over $300,000. The County proposes the following amendments and processes: 1. Prequalify construction contracts exceeding $300,000 unless the County Manager identifies a need for lower thresholds for specific projects. 2. Utilize two types of prequalification: a. General Prequalification b. Project Specific Prequalification for work requiring special expertise, skill, and documented expertise. Any contractor satisfying project specific qualification will also be placed on the General Prequalification roster. 3. Modify New Hanover County Code Chapter 2, Division 2, Capital Improvement Bids by deleting the existing Section 2-134, Appeal Rights, and substituting protest procedures consistent with General Statutes 143-135.8(c) subsections (5) and (6). The proposed revisions meet the regulations and clarify appeal rights. County Engineer Jim Ianucci reported that modifying the State’s form for a single prime contract would simplify the application process for contractors and allow the County's process to comply with the new regulations. Staff has modified the forms for project specific prequalification based on the State’s construction form and scoring matrix, which will allow contractors to complete one form to satisfy the County’s criteria as well as the project specific criteria. Motion : Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to approve the modifications to the prequalification procedure with changes to the project specific prequalification form and the adoption of an ordinance modifying the New Hanover County Code Chapter 2, Division 2, Capital Improvement Bids by deleting the existing Section 2-134, Appeal Rights, and substituting protest procedures consistent with General Statutes 143- 135.8(c) subsections (5) and (6), as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the ordinance amending Chapter 2, Administration, Article III, Finance, Division 2, Capital Improvement Bids, Section 2-134 Appeal Rights, of the New Hanover County Code of Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 16.5 and is to be codified into the New Hanover County Code of Ordinances. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 6, 2014 PAGE 154 CONTINUANCE OF PUBLIC HEARING FOR A SPECIAL USE PERMIT REQUEST BY INLET WATCH DEVELOPMENT PARTNERS TO DEVELOP A MIXED USE DEVELOPMENT ON THREE PARCELS TOTALING SEVEN ACRES LOCATED AT 7261 AND 7275 CAROLINA BEACH ROAD (S-619, 5/14) Planning Manager Ken Vafier reported that the applicant, Inlet Watch Development Partners, has requested a continuance of the Public Hearing item and he requested the petitioner to address the Board. Attorney Michael Lee, representing Inlet Watch Development Partners, requested the Board to continue the hearing in order for the petitioner to work with NCDOT and the MPO on recommendations from the transportation impact study concerning the proposed project. Consensus : The Commissioners agreed to grant a continuance of the Special Use Permit request until such time as the applicant is able to work on the transportation issues with NCDOT and to reschedule the public hearing. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that the following person had signed up to speak on non-agenda items. Richard Manning spoke in appreciation of Chairman White’s editorial in the Wilmington StarNews on the cost and impact of the school board’s request for a bond referendum. He expressed concern with the County going further in debt for school bonds and thanked the Commissioners for their oversight in financial matters in carrying out County business. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 4:31 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.