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2014-12-22 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 196 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 22, 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-Chairman 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 Copley; and Interim Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Chairman White requested a motion to approve the minutes of the following meetings: Special Meeting held on November 17, 2014 Agenda Review Meeting held on November 24, 2014 Regular Meeting held on December 1, 2014 Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to approve the minutes as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED 4 TO 0. FINDINGS OF FACT FOR COURT ORDERED AGENDA ITEM - SPECIAL USE PERMIT REQUEST BY ACI PINE RIDGE, LLC TO DEVELOP A MIXED-USE DEVELOPMENT ON A 37.9-ACRE PARCEL LOCATED AT THE 100 BLOCK OF PORTERS NECK ROAD (S-617, 1/14) County Attorney Copley reported for the record that on June 2, 2014, the Board considered a request for a special use permit by ACI Pine Ridge, LLC for developing a mixed-use development on a 39.7-acre parcel located in the 100 block of Porter's Neck Road. The vote was a 2-2 tie with Commissioners Barfield and Wolfe voting "Yes" and Commissioners White and Dawson, "No." The Board took no further action. The Petitioner filed a Petition for Writ of Certiorari in the New Hanover County Superior Court requesting that the Board of Commissioners be ordered to approve and issue the special use permit. The Petition was heard in court and an order entered by Judge Douglas Parsons, finding the 2-2 tie vote was a denial of the permit and ordered that the matter be "remanded to the New Hanover County Board of Commissioners who shall make findings of fact regarding denial of Petitioner's special use permit." Pursuant to Judge Parson's Order, Commissioners White and Dawson must state specific findings of fact supporting their "No" vote on the motion to approve the special use permit. These findings must be made in accordance with the four criteria required for a Petitioner to get a special use permit. County Attorney Copley read the four required findings and asked that Commissioners White and Dawson state, where applicable, their findings that the Petitioner did not meet that requirement: 1) That the use will not materially endanger the public health or safety if located where proposed and approved. Commissioner White stated that based on the testimony of the traffic expert at that meeting there cannot be a conclusion that traffic generated by this project in this location will not endanger public safety. 2) That the use meets all required conditions and specifications. Commissioner White stated that there was no evidence that the commercial component of the site plan will ever be developed and therefore the mixed-use requirement of Section 72.38 of the Zoning Ordinance has not been satisfied. 3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. No comments were received. 4) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Commissioner Dawson stated that the approval of a project where a majority of the proposed project is outside of the urban services boundary would not be consistent with the CAMA Land Use Plan. County Attorney Copley reported that a vote was not needed and the findings of fact were made pursuant to the judge’s order. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 197 PRESENTATION OF APPRECIATION GIFT TO COMMISSIONERWOLFE Chairman White, on behalf of the Board, presented a plaque to Commissioner Wolfe in recognition of his service with honor and distinction to New Hanover County. He expressed appreciation to him for the time and effort given in service and for the outstanding manner in which he has served the citizens of New Hanover County. Commissioner Wolfe expressed appreciation to his family, the citizens of New Hanover County, County staff, and his fellow members of the Board. OATHS OF OFFICE ADMINISTERED Chairman White reported that signed Certificates of Election have been received for Skip Watkins and Rob Zapple and requested that the oaths of office be administered. The Honorable Sandra Ray, North Carolina District Court Judge Fifth District, administered the Oath of Office to Commissioner Skip Watkins. The Honorable James H. Faison, III, North Carolina District Court Judge Fifth District, administered the Oath of Office to Commissioner Rob Zapple. Commissioners Watkins and Zapple offered comments to the audience thanking their families for their support and to the voters for electing them and promising to serve the citizens of New Hanover County to the best of their abilities in their role as County Commissioners. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXVIII, Page 21.1. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Beth Dawson; Commissioner Skip Watkins;Commissioner Woody White; and Commissioner Rob Zapple. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Dawson nominated Commissioner Barfield for Chairman of the Board of County Commissioners. Commissioner Zapple seconded the nomination. Commissioner Watkins nominated Commissioner White for Chairman of the Board of County Commissioners. Commissioner White seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. Vote : The Board voted 3 to 2 to elect Commissioner Barfield to serve as Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioners Barfield, Dawson, and Zapple voted in favor. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner White nominated Commissioner Watkins for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Watkins seconded the nomination. Commissioner Barfield nominated Commissioner Dawson for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner Zapple seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. Vote: The Board voted 2 to 3 to elect Commissioner Watkins to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. The vote failed with Commissioners Watkins and White voting in favor. Vote: The Board voted 3 to 2 to elect Commissioner Dawson to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. The vote passed with Commissioners Barfield, Dawson, and Zapple voting in favor. Chairman Barfield thanked the Board for the opportunity to serve as Chairman. BREAK: Chairman Barfield called for a break from 9:20 a.m. until 9:30 a.m. BOARD SEATED FOR 2014-2015 Members present were: Chairman Jonathan Barfield, Jr; Vice-Chairman Beth Dawson; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 198 APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield requested a motion to approve the Consent Agenda. Motion: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of State Road Resolution – Governing Body The Commissioners adopted North Carolina Department of Transportation State Road Resolution supporting the addition of Alamance Court located within Alamance Subdivision in New Hanover County (Division File No. 1211-N) to the state road system. Copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 21.2. Acceptance of Six Donations for Accession into the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted six donations of regional artifacts for accession into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at its meeting on November 19, 2014 and a list of the items is available for review at the Cape Fear Museum. Approval of Item to be Deaccessioned from the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted the recommendation of the Museum Advisory Board to deaccession the H. G. Wright paddlewheel and engines from the Cape Fear Museum’s permanent collection. The Museum Advisory Board approved the deaccession at its meeting on November 19, 2014. Approval of October 2014 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of October 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 21.3. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-031 Library 15-032 Senior Resource Center 15-033 Sheriff's Office 15-034 Register of Deeds Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 21.4. Appointment of Voting Delegate to the NCACC 2015 Legislative Goals Conference The Commissioners appointed Vice-Chairman Beth Dawson as the New Hanover County voting delegate to the North Carolina Association of County Commissioners 2015 Legislative Goals Conference. The Conference will be held January 15-16, 2015 in Moore County, North Carolina. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS TO RETIREES AND EMPLOYEES County Manager Coudriet recognized the following retirees receiving retirement awards: Mary Brown, Department of Social Services, with 20 years of service Terrence Carr, Sheriff Department, with 22 years of service Dorothy Colson, Health Department, with 30 years of service Chairman Barfield presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service to New Hanover County. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Year: Christopher Dwy, Department of Social Services Heather Lee, Department of Social Services Martha Potter, Sheriff’s Department Marrissa Prokopovich, Health Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 199 Grant Vick, Fire Services Department Timothy Wilson, Sheriff’s Department Ten Year: Christopher Boswell, Sheriff’s Department Edna Johnson, Sheriff’s Department Tonya Reynolds, Sheriff’s Department Fifteen Year: Felicia Myott, Health Department Twenty Year: Kymberleigh Crowell, Governing Body David Swan, Sheriff’s Department Twenty–Five Year: William Shiver, Tax Department Chairman Barfield presented a service award to each employee and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. PRESENTATION OF THE CAPE FEAR PUBLIC UTILITY AUTHORITY 2014 ANNUAL REPORT Ms. Pat Kusek, Chairman of the Cape Fear Public Utility Authority board, expressed appreciation to the Commissioners for the opportunity to give an update on the authority. She complimented the efforts of the board members and the hard-working men and women of the authority who provide clean water and the treatment of waste every day. She invited the Commissioners, especially the newest members, to visit and tour the facilities, as the employees would be proud to show them the operations. Jim Flechtner, Executive Director of the Cape Fear Public Utility Authority, presented the 2014 Annual Report as follows:  CFPUA has been consistent and has high-performance record of financial stability, environmental protection and public health:  Demonstrated success in reducing sanitary sewer overflows (SSOs):  Reduced number and volume of SSOs - over the past five years.  Major state awards for workplace safety:  Safety and Health Achievement Recognition Program (SHARP)  NC Department of Labor, Occupational Safety and Health Division (OSHA):  Sweeney Water Treatment Plant  Northside Wastewater Treatment Plant  Operating expenses lower as combined utility.  Keeping rates down.  Safeguarding Supplies:  CFPUA sources: Cape Fear River, Castle Hayne and Pee Dee Aquifers:  300-plus miles throughout Southeastern North Carolina.  Can be affected by variety of sources.  Consistently reviewing regulations and treatment advances.  Proud of relationships with organizations dedicated to supplies:  Cape Fear River Partnership  Cape Fear River Assembly  Lower Cape Fear Water and Sewer Authority  Essential groundwater protection:  Strong aquifer management plan.  Benefit to customers: Flemington agreement and Highway 421 corridor expansion.  Ash ponds concerns: Impacts not immediate but reached agreement with Duke Energy to provide water to the area.  Result: Project guarantees safe, reliable drinking water for decades.  Creating Drinking Water:  Create 20 million gallons of safe, clean water per day.  Sweeney Water Treatment Plant - 17 MGD:  Planning for growth gives ability to treat 35 MGD for Wilmington and NHC.  Projects to strengthen system: Clearwell rehabilitation and interconnections.  Fifth straight year to receive the DENR award for water quality:  Only system in Cape Fear region to win award.  Nano Filtration Plant - 3 MGD created (6 million capacity):  Serves northern and northwestern NHC.  Ground acts as filter first.  Processes complete the job.  Delivering Essential Services:  CFPUA = AWWA’s definition of a “large utility” for size, people served:  Journey to customer taps involves travel through 1,000-mile network of mains.  7,700-plus fire hydrants, flushing program ensures water quality.  Aging infrastructure being addressed: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 200  Asset management program continues to help operations stay ahead.  On-call crews repair mains quickly with as little disruption as possible.  Delivering customer service to more than 67,000 customer accounts:  More than 400,000 bills processed with an accuracy rate of more than 99%.  105,000 phone calls handled - 56,000 service orders generated.  Increased efficiency and enhanced public safety:  Advanced meter replacement program pilot completed - all replaced in four years.  GPS system implemented in most CFPUA vehicles:  Cuts tens of thousands of miles driven and provides better understanding of routes taken.  Saved tens of thousands of dollars in gas and car replacement costs.  Delivering Financial Services - strong financial performance:  Goal: Establish balanced rate structure that is affordable and delivers services.  Standard and Poor’s upgraded bond rating to AA+, Moody’s rating maintained at Aa2.  UNC School of Government’s Environmental Finance Center (EFC):  Conducts annual survey of more than 370 water/sewer utilities across state.  EFC survey consistently stated CFPUA’s rates were favorable.  In 2014, EFC visually relayed results in several key categories.  Details CFPUA’s strong financial approach and ability to strike proper balance.  CFPUA’s performance in EFC’s green, “Optimal” zones for:  Actual cost (dollars and cents)  Affordability (percentage of per capita income)  Cost recovery (payment for operations and debt service)  Protecting the Environment:  Nearly 1,000-mile systems of sewer mains, 140+ pump stations.  Transport - 16 MG of wastewater to plants for treatment every day - 6 billion/year.  Investment leads to dramatic results:  Proper infrastructure funding equals high return on investment.  Much needed capital projects have cut wastewater spills.  As reported in the StarNews:  Last five years of CFPUA’s work versus last five years before CFPUA:  Number of sewer spills (SSOs) cut by 45%.  Volume spilled into the environment decreased by 76%.  Continuing to invest in infrastructure, benefit communities in need:  Northern Force Main Project  Heritage Park and Marquis Hills partnerships with NHC.  Removing 1000 people off septic systems on to the collection system.  Awards – Numerous honors for CFPUA of 270 employees:  Water Quality - N.C. Department of Environment and Natural Resources:  NC Area Wide Optimization Award for Drinking Water Systems  Financial - Government Finance Officers Association:  Excellence in Financial Reporting  Distinguished Budget Presentation  Safety - NC Department of Labor:  SHARP Award: Sweeney WTP, Northside WWTP  Achievement in Outstanding Safety and Health:  Water and Wastewater Treatment Divisions  Environmental Management: Lab Services, Community Compliance  Utility Services: Collection Systems O&M, Pump Stations, Construction, Water Quality  Engineering, Administrative Services  NCAWWA-WEA Disaster Preparedness Award. Commissioner White expressed appreciation for the opportunity to serve on the CFPUA board and commended the efforts of the CFPUA board and staff on the superior work in protecting our resources and keeping the community safe and clean. Chairman Barfield thanked Mr. Flechtner for the report. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority (WAVE Transit) Chairman Barfield reported that a vacancy exists for an at-large member on the Cape Fear Public Transportation Authority with two applications available for consideration and requested nominations from the Board. Chairman Barfield nominated Anne K. Ryan. The nomination was seconded by Vice-Chairman Dawson. Hearing no further nominations, Chairman Barfield called for a vote. Vote Results : The Board voted UNANIMOUSLY to appoint Anne K. Ryan to serve a three-year term on the Cape Fear Public Transportation Authority with the term to expire on December 31, 2017. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 22, 2014 PAGE 201 Appointments to the Adult Care Home Community Advisory Committee Chairman Barfield reported that up to seven vacancies exist on the Adult Care Home Community Advisory Committee with two applicants available for appointment. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to appoint Cathi Anderson and Cenetta J. Lee to serve one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire on December 31, 2015. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Board of Health Chairman Barfield reported that three vacancies exist on the Board of Health with three applicants eligible for reappointment in the Dentist, General Public, and Professional Engineer Categories and a new application received for the General Public Category. Motion: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to reappoint Dr. Robert Schiffel for reappointment in the Dentist Category and Brian Ensign for reappointment in the Professional Engineer Category to serve three-year terms on the Board of Health with the terms to expire on December 31, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board on the General Public Category. Motion: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to reappoint Linda “Candy” Robbins to serve a three-year term on the Board of Health in the General Public Category with the term to expire on December 31, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the Library Advisory Board Chairman Barfield reported that one vacancy for an unexpired term needs to be filled on the Library Advisory Board with three applications available for consideration and requested nominations from the Board. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to table the appointment and re-advertise the vacancy in order to generate more interest and obtain more applicants. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Tourism Development Authority Chairman Barfield reported that three vacancies exist on the Tourism Development Authority with three applicants eligible for reappointment and a new application available for consideration and requested direction from the Board. Motion : Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to reappoint Neal Johnson in the Vacation Rental Properties Owner/Manager Category, Frank M. Jones in the Wilmington Hotel with less than 150 rooms Owner/Manager Category, and Michael E. Keeler in the Wilmington Hotel with more than 150 rooms Owner/Manager Category, to serve three-year terms on the Tourism Development Authority with the terms to expire on December 31, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that no one had signed up to speak on non-agenda items. ADDITIONAL ITEM : County Manager Coudriet reminded the Board and the public of the Agenda Review Meeting scheduled for Tuesday, December 30, 2014 at 4:00 p.m. in the Harrell Conference Room of the New Hanover County Government Center. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 10:30 a.m. Respectfully submitted, Teresa P. Elmore 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 checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.