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2016-11-14 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 641 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 14, 2016, at 4:02 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Deputy Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE The Very Reverend Robert J. Kus of Basilica Shrine of St. Mary and WPD Chaplain, provided the invocation and Commissioner White led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing none, Chairman Dawson requested a motion to approve the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review of October 13, 2016 and Regular Meeting of October 17, 2016 as submitted by the Clerk to the Board. Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual to Reflect the Date of the Adoption of 2016 Code of Ethics – Governing Body The Commissioners adopted the amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual to update the date of the adoption of the Code of Ethics in 2016. A copy of the Rules of Procedure for Meetings of the New Hanover County Board of Commissioners is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 20.1. Approval of 2016/2017 Mason Creek/Atlantic Intracoastal Waterway Crossing Maintenance Dredging Event - Engineering Department The Commissioners approved the award of the 2016/2017 Mason Creek/Atlantic Intracoastal Waterway crossing maintenance dredging project and issuance of a notice to proceed to Marcol Dredging for a base bid of $523,050. Approval of Application for Grant Funding for Inclusive Splashpad at Ogden Park – Parks Department The Commissioners approved the submission of a grant application to the NC Division of Parks & Recreation and NC Parks & Recreation Trust Fund (PARTF) in the amount of $296,029 with a local match of $74,007 to construct an inclusive splashpad at Ogden Park. The local match is to come from existing FY17 general fund dollars. Approval of Award of Contract for Crime Scene Investigation Expansion Construction Project – Property Management/Sheriff’s Office The Commissioners approved the award of the contract for the Crime Scene Investigation expansion project to Integrity Builders, LLC. Integrity Builders, LLC was identified as the lowest bidder with a negotiated bid of $526,230 and substantial completion will be achieved by April 26, 2017. Additional funds were appropriated as part of the Adopted FY16-17 Budget Ordinance and Capital Project Ordinance to fully fund this contract. REGULAR ITEMS OF BUSINESS POSTPONEMENT OF ZONING ORDINANCE AMENDMENT REQUEST– REQUEST BY PLANNING STAFF TO AMEND ZONING ORDINANCE SECTION 70, SECTION 71, SECTION 23, AND SECTION 50 REGARDING SPECIAL USE PERMIT REQUIREMENTS AND THE TABLE OF PERMITTED USES (A- 425, 9/16) Vice-Chairman Barfield requested that Item 13, the Public Hearing of Zoning Ordinance Amendment Request by Planning Staff to Amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 Regarding Special Use Permit Requirements and the Table of Permitted Uses (A-425, 9/16) be pulled from tonight’s agenda. He th stated that during the October 17 meeting he seconded the motion to hear the matter with the caveat that it would only be if the Planning Board came back with a decision from their last meeting. He believed that it is important to th allow the Planning Board to continue its work which includes a work session on November 15 and not to usurp the authority of any board by going ahead of them. In speaking with the Planning Board Chair and members, he has full confidence that a good document will be provided that is good for this entire community. He further stressed the importance of allowing the Planning Board to complete its work before this Board moved forward with the matter. Commissioner Zapple stated that a tremendous amount of work has been done in an effort to bring forward what is felt to be a superior special use permit planning process and he felt it was time to move forward with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 642 th matter. It is his hope that the Planning Board’s November 15 work session will continue the forward momentum and not allow the work and discussion by all parties involved go to naught. He encouraged everybody who has been involved to continue working, to finish it and for the Planning Board to present the Commissioners with a document as soon as possible. Chairman Dawson remarked that the matter has been discussed for many years and thanked all involved in the process and expressed appreciation to the stakeholders and advocacy groups for their participation and working to find compromise among the needed balance. She noted that the Board has heard the desire of the community to have a clear, more predictable process for business development and expansion. There have been several work sessions and public hearings and many stakeholders at the table throughout this very transparent and public process. The discussion has centered around how to encourage business growth, development and job creation for our region while at the same time balancing the concerns of protecting of our natural resources, air quality, ground water and aquifers and the quality of life enjoyed in the County. She further stated this is a commonsense next step following the progression of actions taken showing the commitment made for the County to be prosperous and maintain its quality of life. What is before the Board has been worked on very hard by staff as well and she thanked Land Use and Planning Director Chris O’Keefe and his staff for all their hard work. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to amend the agenda to remove and send back to the Planning Board Item #13: Zoning Ordinance Amendment Request - Request by Planning Staff to Amend Zoning Ordinance Section 70, Section 71, Section 23, and Section 50 Regarding Special Use Permit Requirements and the Table of Permitted Uses (A-425, 9/16). Upon vote, the MOTION CARRIED 4-1. Chairman Dawson voted in opposition. Chairman Dawson stated that the motion carried to pull the matter from the agenda and thanked everyone for th attending the meeting. She announced the Planning Board’s November 15 work session would start at 2:00 p.m. and be held in the Harrell Conference Room at the New Hanover County Government Center. BREAK : Chairman Dawson called a break from 4:16 p.m. until 4:21 p.m. INTRODUCTION OF THE COUNTY'S NEW BUILDING SAFETY DIRECTOR, NICHOLAS GADZEKPO County Manager Coudriet, introduced the new Building Safety Director Nicholas Gadzekpo who joined the County on October 25, 2016. He provided a brief overview of the recent reorganization of the now Land Use and Planning and Building Safety departments. Mr. Gadzekpo expressed appreciation for the opportunity to serve the people of New Hanover County and looked forward to working with the organization. ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2016 ADOPTION AWARENESS MONTH Chairman Dawson announced that the Department of Social Services has requested the Board declare November 2016 as Adoption Awareness Month. Vice-Chairman Barfield read the proclamation into the record. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt the proclamation declaring November 2016 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Department of Social Services Director Michelle Winstead and Assistant Director Wanda Marino accepted the proclamation on behalf of the Department of Social Services and spoke about the need for more families to provide foster care to children of all ages. Many of the department’s foster families end up adopting and last year alone there were forty-five children adopted by their foster parents. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 20.2. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet requested the following employees to step forward to receive service awards: Five Year: Amy Walters, Finance Valorie Hatten, Senior Resource Center Ten Year: Jay Jocelyn Pinson, Library April Walker, Health Fifteen Year: Eric Peterson, Communications and Outreach Twenty-Five Year: Novella Frieslander, Sheriff Thirty Year: Barbara Rowe, Museum Chairman Dawson presented a service award to each employee and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to step forward to be introduced: Sylvia Armstrong, Human Resources Thomas Carter, Information Technology Sarah Cassidy, Social Services Bobbie Chaney, Sheriff Nicholas Gadzekpo, Building Safety NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 643 Emily Johnson, Social Services Jordan Jones, Environmental Management Matthew Malcolm, Sheriff Heavin Mason, Sheriff Joseph McClean, Parks and Gardens Michael Mears, Fire Services Annika Metcalf, Social Services Janice Pearson, Social Services Star Reimer, Building Safety Rebekah Roth, Land Use and Planning Wendy Stein, Social Services On behalf of the Board, Chairman Dawson welcomed the employees to County Government and wished them success in their new positions. CAPE FEAR MUSEUM ADVISORY BOARD ANNUAL UPDATE Daniel Owen, Chairman of the Cape Fear Museum Advisory Board, presented the annual update highlighting the following:  Mission:  Cape Fear Museum of History and Science collects, preserves, and interprets objects relating to the history, science and cultures of the Lower Cape Fear  The Museum makes those objects and their interpretation available to the public through educational exhibitions and programs  Mission is achieved by:  The numbers:  47, 680 members in 2015-2016  40, 680 members in 2014-2015  37,882 members in 2013-2014  100% New Hanover County School grade-level participation:  st 2,038 1 Graders served through Forces in Motion Field Trip  rd 2,246 3 Graders served through Solar System and Beyond Field Trip  th 2,246 4 Graders served through People of the Past Field Trip  New Hanover County Cape Fear Museum Park – opened in 2015  Programs and events – innovative for adults, teachers and students  Awards and accolades:  Reflections in Black and White Exhibit:  Albert Ray Newsome Award, Federation of North Carolina Historical Societies  GOLD Award of Excellence in Exhibits Under $10,000, Southeastern Museums Conference  New Hanover County Cape Fear Museum Park:  Outstanding Stewardship Award, Lower Cape Fear Stewardship Development Coalition  Cape Fear Museum Associates fundraising:  2015-2016 Income total - $126,710:  Special events with $28,798.83 at 23%  Store with $9,291.64 at 7%  Foundations and grants with $38,304 at 30%  Admissions with $20,298.89 at 16%  Individuals and membership with $30,016.76 at 24% Commissioner Zapple commented that it has been an exciting year and encouraged everyone to visit the museum. On behalf of the Board, Chairman Dawson thanked Mr. Owen for the update and his service to the community. NEW HANOVER COUNTY ABC BOARD ANNUAL UPDATE Robert W. Martenis, Chairman of the New Hannover County ABC Board, presented the annual update highlighting the following:  Support from the County:  The continued support from the various County employees is greatly appreciated, most notably:  Avril Pinder as Ex-Officio Board member  Wanda Copley, including her legal staff and risk management staff  Mark Francolini, and his staff, for their assistance with personnel issues  The overall working relationship between the County and the ABC Board has been extremely beneficial  ABC Board Organization:  Board Members:  Bob Martenis, Chair  Zeke Partin, Vice Chair NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 644  William Kopp, Member  Bruce Shell, Member  Ron Woodruff, Member  Management Team:  Marnina Queen, CEO  Carol Martin, Finance Officer  Charles Hill, Retail & Liquor by the Drink (LBD) Operations Manager  Danny Meeks, Warehouse and Operations Manager  Kathy Clark, Deputy Finance Officer  Karen King, Purchasing Officer  Financial information:  Independent auditors issued a “clean” audit report for the year ended 06/30/16  Total sales increased $2.8 Million (7.48%)  Gross profit increased $753K (7.47%)  Operating expenses increased $302K (7.18%)  Operating income increased $450K (7.68%)  Local taxes and distributions increased $252K (4.30%)  Total sales - $41,441,444  Total amount of distributions:  New Hanover County - $2,215,724  City of Wilmington - $1,388,563  Wrightsville Beach - $575,715  Carolina Beach - $374,859  Kure Beach - $15,462  Total Distributions - $4,570,323  Improvements:  th Newly renovated 17 Street/Castle Street facility completed and opened  All ABC retail locations will have new signage to further inform the public of the product stores are selling  ABC highlights:  Land purchase at 5978 Carolina Beach Road for new store location  Staffing/Stores:  Uniforms  Product Knowledge/Training  Renovation/Modernization of stores  New technology for ID checking  “Talk It Out” campaign  Alcohol Law Enforcement:  The Board contracts with the Sheriff’s Department; four full-time officers plus a direct supervisor; current year budget $314,968 plus replacement purchase of an ABC Officer’s vehicle $25K  Continue to contract with Wilmington Police Department for the two non-funded ABC Law Enforcement Officers  Continue to fund the Wilmington Downtown Task Force ($180K annually to the County)  Total amount given last year $519,968 (10.4%) On behalf of the Board, Chairman Dawson thanked Mr. Martenis for the update and his service to the community. NEW HANOVER COUNTY LIBRARY ADVISORY BOARD ANNUAL UPDATE Amy Damutz, Chair of the New Hanover County Library Advisory Board, presented the annual update highlighting the following:  2016 in Review:  Over 850,000 visitors  226,000 online searches  1.3 million items loaned  Over 3,000 programs offered  40,000 meeting attendees  Strategic Alignment - Superior Public Health & Safety:  Reach out and read program:  Grant-funded in partnership with Smart Start and local pediatric offices  Doctors hand out prescriptions for reading to families with children ages six months to five years; the child receives a new book to take home  In 2016, 3,500 children received a book at a Women Infant Children (WIC) nutrition check at the Health Department  The books are age appropriate, focus on healthy choices, and several are in English and Spanish  Story Park:  Opened October 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 645  Multi-department collaboration - Parks, Arboretum, Property Management and Planning  Safer and more welcoming entry  Outdoor library environment fosters activity  Demonstration gardens  Strategic Alignment - Superior Education and Workforce Development:  Raising a Reader:  Expanded to all New Hanover County Pre-K classrooms in 2016  Two staff members regularly attend NC Pre-K classes to teach how to integrate books and early literacy into learning  Staff developed math and science kits with books and activities which are rotated through classrooms and available for check out at the library  Story Stations:  Program recognized with a National Association of Counties award in 2016  Locations in County Departments with literacy rich reading nooks created in waiting areas  Enables parents to engage in learning activities with child while waiting for county services  Workforce Development:  Public library offers computer coaching and job labs to assist with:  Computer basics  Internet basics  How to set up email  How to find job openings listed on the Internet  How to type and save a resume on a computer  How to fill out online job applications  33% of public technology users at the library used the public computers or wireless connection for employment purposes  21% of those used the library's technology resources to apply for a job  13% were granted an interview, and 8% were hired for a new position  A patron reported back that he obtained a job because of using the public access computers and getting assistance in the job lab with his resume  Strategic Alignment - Intelligent Growth and Economic Development:  Pleasure Island branch celebrated its first anniversary this month (November):  Attendance at Pleasure Island children’s programs increased 50%  Checkout of children’s materials increased 150%  Total circulation increased 25%  Pine Valley branch - planning underway:  Vines Architect of Raleigh hired  th Kickoff of public input programs held at Friends of the Library November 10 annual meeting  Schematic design expected by start of 2017  Opening projected January 2019  Library services have changed over time, but the library remains a community anchor. Public libraries are a place for:  Voting  Public and private meetings  Income tax preparation assistance  Book clubs  Children’s programs  Tutoring  Genealogy programs and much more In response to Board questions, Library Director Harry Tuchmayer confirmed that the next Pine Valley th library public forum will be held on Thursday, November 17 at 5:30 p.m. at the Myrtle Grove branch. On behalf of the Board, Chairman Dawson thanked Ms. Damutz for the update and her service to the community. NEW HANOVER COUNTY OGDEN FIRE DEPARTMENT DESIGN UPDATE Fire Chief Donnie Hall introduced Ernest Olds, Principal and Mark Loudermilk, Project Manager with Becker Morgan Group who presented an update on the Ogden Fire Department design highlighting the following:  Design charrette held on August 3, 2016 with 44 stakeholders from the following organizations and County Departments:  NHC Facilities, Fire Department, Zoning, Property Management, IT, Inspections, Engineering, Planning, and Risk Management  NCDOT  Cape Fear Public Utility Authority  Duke Energy  Design Team  Schematic design:  Currently in the first stage of project design NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 646  Design includes garage, public/meeting areas, training room, and day-to-day working spaces/living spaces consisting of either offices, dorm rooms, fitness room, kitchen, or lounge, etc.  Based on the rough model it was determined that the ingress/egress of the fire trucks onto/off Market Street was very important with the following adjustments:  Apparatus bays will be exactly perpendicular to Market Street  South end of the building will be kept parallel to the parking line  Attempts will be made to incorporate different materials such as stone and brick, along with the installation of a skylight in the center of the building  Common theme in discussions with staff is to not have a traditional-looking fire station due to the Ogden area being in transition with current and future development. Result is a design that is somewhat forward-looking and also setting the tone for what might get developed in the future  Schematic design pricing exercise: Building $2,681,068 Site $602,190* $3,283,258 General Condition 8% $262,661 Overhead/Profit/Bonds 6% $251,592 Contingency 10% $376,151 $4,137,662 Budget $3,845,580 Difference $292,082 *Includes $95,261 for demolition Becker Morgan Group Project Manager Mark Loudermilk emphasized that the cost is an estimate cost at the schematic design phase. There is a contingency in the budget of ten percent. In schematic design a lot of decisions have not been made yet so the estimator has to make a lot of assumptions. He then provided a schedule overview:  Schedule Overview:  Design Development due by November 18  95% Construction Documents due by January 18  100% Construction Documents due by March 1  Permit Review/Bidding in March 2017  Bid Opening/Contract Award/Notice to Proceed in April 2017  Construction to be May 2017 – May 2018 Mr. Loudermilk stated the next phase of design development will include a lot more detail and information. This will reduce the guess work of the cost estimators and should bring things into alignment. The budget will be reviewed once during the design development and once after ninety-five percent completion of the construction documents. This will be done in an effort to prevent being over budget when the project goes out for bid. Once the design development cost estimate is determined that will be the time to make any needed project adjustments. There is also a plan to have project bid alternatives in the event there is a need to save money at the very end. In response to questions, Mr. Loudermilk explained that the training room will be part of the public use space. The design is actually for a somewhat larger training room. With the limited number of parking spaces some public meetings could be held there, but not meetings on a large scale. The area is also isolated from the rest of the living spaces of the fire fighters. On behalf of the Board, Chairman Dawson thanked Chief Hall, Mr. Olds and Mr. Loudermilk for the update. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Transportation Authority/Wave Transit Authority Chairman Dawson reported that one vacancy exists on the Cape Fear Public Transportation Authority/Wave Transit Authority for the Human Services Agency Representative category, which is a joint appointment with the City of Wilmington, with one application available for consideration. Motion: Vice-Chairman Barfield MOVED to appoint Michelle Winstead to serve the unexpired term on the Cape Fear Public Transportation Authority/Wave Transit Authority for the Human Services Agency Representative category with the term expiring on December 31, 2017, pending Wilmington City Council consideration. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover County Adult Care Home Community Advisory Committee Chairman Dawson reported that up to three vacancies exist on the Adult Care Home Community Advisory Committee with two applicants eligible for reappointment and one new application available for consideration. Motion: Commissioner Zapple MOVED, SECONDED by Chairman Dawson, to reappoint Kimberly Leonard and Philip White to serve three-year terms expiring November 30, 2019 and to appoint Robert Richardson to serve a one- year term on the Adult Care Home Community Advisory Committee with the term expiring on November 30, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, NOVEMBER 14, 2016 PAGE 647 New Hanover County Risk Management Advisory Committee Chairman Dawson reported that one vacancy exists on the Risk Management Advisory Committeewith one application available for consideration. Motion : Vice-Chairman Barfield MOVED, SECONDED by Chairman Dawson, to appoint Kevin P. Flowers to serve a three-year term on the Risk Management Advisory Committee with the term expiring on September 1, 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover County Zoning Board of Adjustment Chairman Dawson reported four vacancies exist on the Zoning Board of Adjustment with two vacancies for the regular member category and two vacancies for the alternate member category with two applicants eligible for reappointment and three applications available for consideration. Motion: Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to reappoint Henry A. Adams and Joe Miller as regular members and Kristin K. Freeman and Brett Keeler as alternate members to serve three-year terms on the Zoning Board of Adjustment with the terms to expire on December 1, 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported no one signed up to speak. ADDITIONAL ITEMS Chairman Dawson reported that it was her honor to represent the Board at the Wilmington National Cemetery event and St. Paul’s Episcopal Church’s Massing of the Colors in connection with Veteran’s Day services. Commissioner Zapple reported on the success in moving several New Hanover County legislative goals forward at the NCACC Legislative Goals committee meeting. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 5:34 p.m. Respectfully submitted, Kymberleigh G. Crowell Deputy 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.