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2009-07-06 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 642 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 6, 2009, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schult; and Assistant County Manager Dave Weaver. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Senior Pastor Bryan McGee, ROCK Church, gave the invocation. Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes  Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on June 11, 2009 Budget Work Session held on June 11, 2009 Regular Session meeting held on June 22, 2009 Closed Session meeting held on June 22, 2009 Acceptance of North Carolina Permanent Checking Station Grant Funds and Adoption of Budget Ordinance Amendment 10-002  Fire Services The Commissioners, on behalf of Fire Services, accepted North Carolina Permanent Checking Station grant funds from the North Carolina Department of Insurance, Office of the State Fire Marshal, in the amount of $2,500 and adopted Budget Ordinance Amendment 10-002. The funds will be used for child passenger seat safety inspection station supplies. No local match is required. A copy of the Budget Ordinance Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 14.1. Ratification of American Recovery and Reinvestment Act and Port Security Grant Application  Health Department The Commissioners ratified the submission of an American Recovery and Reinvestment Act and Port Security grant application to FEMA in the amount of $160,000. If awarded, the funds will be used to enhance the Countys ability to provide support to the Port of Wilmington in the event of a terrorist attack employing biological weapons of mass destruction. No local match is required. The breakdown of the requested funds is as follows: · 500KW Standby Generator and materials - $120,000 · Transfer Switch - $30,000 · Labor - $10,000 Ratification of Kohl's Cares for Kids Grant Application  Health Department The Commissioners ratified the submission of Kohls Cares for Kids grant application in the amount of $500. If awarded, the funds will be used to purchase a digital camera to document events and activities, purchase hand sanitizer for use during car seat installations, and child passenger safety educational materials. No local match is required. Ratification of Eat Smart, Move More Grant Application  Health Department The Commissioners ratified the submission of an Eat Smart, Move More grant application in the amount of $20,000. If awarded, the funds will be used to provide seventeen additional hours to the part-time Men's Health Program nurse that will be dedicated to developing and implementing Eat Smart, Move More program for the underinsured and uninsured men residing in New Hanover County. No local match is required. Approval of New Hanover County Board of Education Capital Outlay Fund Budget Amendment #9  Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Fund Budget Amendment #9. The budget amendment transfers funds from the Bond Contingency Fund for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 643 additional technology equipment and unforeseen expenses for Winter Park Elementary School renovations and Hoggard High School lighting replacement. A copy of the New Hanover County Board of Education Budget Amendment is available for review in the Budget Department. REGULAR ITEMS OF BUSINESS OATH OF OFFICE ADMINISTERED The Honorable W. Allen Cobb, Jr., Senior Resident Superior Court Judge administered the Oath of Office to Sheriff Edward J. McMahon. A copy of the Oath of Office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 14.2. PRESENTATION OF PELICAN AWARDS FROM THE NORTH CAROLINA COASTAL FEDERATION North Carolina Coastal Federation representatives Ted Wilgis and Tracey Skrabal presented the following awards: · Senior Environmental Planner Shawn Ralston was presented with the Local Government award recognizing her efforts in developing the easy-to-read, user-friendly Low Impact Development manual. · Planning Director Chris OKeefe was presented with the Conservation/Restoration Project award recognizing the joint-efforts of the NHC Planning Department and the City of Wilmington to obtain funding from the N.C. Clean Water Management Trust Fund to purchase seventeen acres and build an eleven acre stormwater wetland in the Hewletts Creek watershed. This project diverts two major stormwater outfalls away from the shellfish waters of the creeks and into a series of created stormwater wetlands. The project is part of an overall effort to restore Hewletts Creek and its shellfish waters. PUBLIC HEARING AND APPROVAL OF MEMORANDUM OF UNDERSTANDING TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUND Sheriff Ed McMahon reported that New Hanover County and the City of Wilmington are certified as disparate agencies. Justice Assistance Grant funding in the amount of $146,531 is eligible as a joint allocation; $73,265.50 per agency. It is the intent of both agencies to use the total funding to establish a local DNA database as an investigative tool for high volume crimes such as burglary and breaking and entering. Both County and City law enforcement officers and crime scene investigators will be able to gather DNA samples from property crimes that will be submitted for analysis. The program will result in cleared cases, arrests, and recovered property from investigations. The Board is being requested to hold a public hearing on the use of funds and approve the Memorandum of Understanding between New Hanover County and the City of Wilmington. The City of Wilmington has approved the Memorandum of Understanding. No local match is required. Chairman Davis opened the public hearing on the proposed use of the Justice Assistance Grant funds. Hearing no comments, Chairman Davis closed the public hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to approve the Memorandum of Understanding authorizing the submission of a joint application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Memorandum of Understanding is available for review in the Legal Department. PUBLIC HEARING AND ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $55,000,000 GENERAL OBLIGATION REFUNDING BONDS SERIES 2009A Chairman Davis reported that at the regular meeting of the Board of Commissioners on June 22, 2009, the Board adopted a Bond Order Authorizing the Issuance of Not to Exceed $55,000,000 General Obligation Refunding Bonds. The Board will now hold a public hearing on the Bond Order and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act. A copy of the Bond Order has been published in a qualified newspaper with a Notice of Public Hearing. The County Finance Officer has filed with the Clerk to the Board a statement setting forth the debt incurred and to be incurred the assessed value of property subject to taxation by the County and the net debt of the County. Chairman Davis asked if anyone in the audience wished to speak on this item. Hearing no comments, Chairman Davis requested a motion to close the public hearing. Motion: Vice-Chairman Thompson, SECONDED by Commissioner Caster, to close the public hearing on the Bond Order and the submission of a statement of debt in connection therewith as required by the Local Government Bond NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 644 Act. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis continued reporting that before the Board is a resolution providing for the issuance of not to exceed $55,000,000 General Obligation Refunding Bonds, Series 2009A. The aforementioned Bond Order has been adopted, and it is desirable to make provisions for the issuance of the bonds authorized by said Bond Order, and New Hanover County desires to issue its General Obligation Bonds, Series 2009A and to request that the Local Government Commission sell the Bonds through a negotiated sale to the underwriter, Stephens Inc., in accordance with the terms and conditions set forth in a Bond Purchase Agreement between the County, the Commission and the Underwriter. The Chairman, the County Manager, the Finance Director and the Clerk to the Board are hereby authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution which shall be effective upon adoption. Chairman Davis requested a motion to adopt the resolution as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution providing for the issuance of not to exceed $55,000,000 General Obligation Refunding Bonds Series 2009A as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXII, Page 14.3. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY ATTORNEY E. HOLT MOORE, ON BEHALF OF HERBERT CARLTON FISHER, TO ALLOW RECYCLING COLLECTION WITH PROCESSING OF USED COOKING OIL AT 3121 NORTH KERR AVENUE BY ECO- COLLECTION SYSTEMS LOCATED IN AN AI  AIRPORT INDUSTRIAL ZONING DISTRICT (S-592, 6/09) Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris OKeefe E. Holt Moore Cameron C. Calhoun Senior Planner Jane Daughtridge reported that Attorney E. Holt Moore, on behalf of Herbert Carlton Fisher, is requesting a special use permit to allow recycling collection with processing of used cooking oil at 3121 North Kerr Avenue by Eco-Collection Systems located in an AI  Airport Industrial Zoning District and presented a slide overview of the request. Planning Director OKeefe read the findings of facts into the record and continued reporting that staff finds the findings are positive. At the Planning Boards June 4, 2009 meeting, they voted 6-0 to recommend approval of the special use permit with one added condition that the process would not use heat above a temperature of 150 degrees. Staff agrees with the recommended condition and the owner of Eco-Collection Systems has agreed to the condition. One person spoke with concerns relating to possible odors that could be emitted. The owner of Eco- Collection Systems has met with the concerned citizen to alleviate those concerns. Chairman Davis voiced his concern that the sewer discharge permit has not been issued by the Cape Fear Public Utility Authority. Vice-Chairman Thompson voiced his concern on the traffic impact in relation to other projects that have been approved for development in the area. Chairman Davis asked if anyone from the public wished to speak in favor of the request. Attorney E. Holt Moore stated that he was representing Herbert Carlton Fisher and the tenant on the property, Cameron Calhoun with Eco-Collection System. He stated that the petitioner agrees with the findings of facts and confirmed that they are ready to proceed with the request. The property is currently being used by Eco- Collection Systems as a collection recycling facility which is a permitted use in the Airport Industrial zone. The current special use permit request involves adding three non-intensive processing steps to what is currently its cooking oil collection facility. Public water and sewer currently serves the property. The petitioner will work closely with the Cape Fear Public Utility Authority and the North Carolina Department of Environmental Resources with the hope to bring the oil to such a clean level that it can be disposed of in the sewer system. If not, they will NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 645 continue to haul it off to disposal sites. Cameron Calhoun, Eco-Collection System, addressed the Boards concerns about the impact to the sewer system reporting that they need to obtain the special use permit first, begin and refine the separation process, with the hope to bring it to a clean level where it can be disposed of through the sewer system. If not, he confirmed that they will be required to haul it off to a disposal site as they are currently doing. The cleaner they can get the product the more useable it will be which is the goal. In response to Board questions concerning traffic impact, Mr. Calhoun stated that currently they have five employees with three trucks collecting the used cooking oil. At full capacity they will have one 18-wheeler truck which will make one trip a week with the three trucks making two round trips a day. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. There being no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Commissioner Greer suggested the wording in Findings of Facts 2 be changed as follows: · 2F- All exterior storage shall be in containers or under shelters which are covered and secured and not visible from residentially zoned property. The process must be conducted in wholly enclosed tanks. · 2G  The facility must not emit dust, smoke, fumes, or vibrations detectable on adjacent properties. This process must not create undue noise, smell or emissions effecting neighboring properties. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to approve the special use request by Attorney E. Holt Moore, on behalf of Herbert Carlton Fisher, et al, to allow recycling collection with processing of used cooking oil at 3121 North Kerr Avenue by Eco-Collection Systems in an AI  Airport Industrial District based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following condition that that the process would not use heat above a temperature of 150 degrees and with the changes to Findings of Facts 2F and 2G as stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated as a part of the minutes and is contained in SUP Book IV, Page 27.1. PUBLIC HEARING AND APPROVAL OF REQUEST TO RENAME COON HUNTERS TRAIL TO LULA NIXON ROAD LOCATED NEAR THE 5400 BLOCK OF HOLLY SHELTER ROAD AND ASSIGN NEW STREET MAILING ADDRESSES (SN-108, 06/09) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess presented the request to rename Coon Hunters Trail to Lula Nixon Road. The street sign for Coon Hunters Trail has been replaced a number of times by County Property Management due to theft and/or vandalism. New Hanover County Emergency 911, New Hanover County Fire Services, and the property owners who live along Coon Hunters Trail support the proposal to rename the road. The renaming of the road should reduce theft of the sign blade and allow good visual location for emergency service delivery. Staff recommends that Coon Hunters Trail be renamed to Lula Nixon Road and that the present street mailing addresses be changed. If approved by the Board, a new street sign will be erected by the County and the property owners will need to change their address before October 6, 2009. Chairman Davis asked if anyone in the audience wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the request to rename Coon Hunters Trail to Lula Nixon Road as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Orders are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXII, Page 14.4. WATER QUALITY MONITORING IN NEW HANOVER COUNTY UPDATE Senior Environmental Planner Shawn Ralston reported that New Hanover County contracts with Coastal Planning and Engineering to monitor water quality on seven creeks located within the County. The creeks include Barnards Creek, Futch Creek, Lords Creek, Motts Creek, Pages Creek, Prince Georges Creek and Smith Creek. At each monitoring station, water quality is monitored monthly for chemical, biological and physical parameters. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 646 Monthly data is available on the New Hanover County website. In addition, County staff meets quarterly with a Water Quality Task Force to discuss all water quality monitoring data sampled in New Hanover County. Coastal Planning and Engineering representative Brad Rosov presented the findings of the New Hanover County Water Quality Monitoring Program 2008-2009 Final Report. The report covers the period from June 2008 through May 2009. Due to budgetary constraints, the scope of the program was reduced by three monitoring sites for the period between October 2008 and May 2009. The results presented are described from a watershed perspective. In order to provide a quick-glance assessment of the water quality within a particular sampling station and watershed, a rating system has been established for a number of parameters. This quantitative system assigns a rating of GOOD, FAIR, or POOR to a sampling station depending on the percentage of samples exceeding the State standard for dissolved oxygen, turbidity, Chlorophyll-a, Enterococci, and fecal coliform bacteria. If the recorded value of a parameter exceeds the State standard less than 10% of the times sampled, the station will receive a GOOD rating for the parameter. A FAIR rating is assigned when a parameter exceeds the State standard 11-25% of the times sampled. Parameters measured that exceed the State standard more than 25% of the sampling times are given a POOR rating. · Turbidity within all watersheds was determined to be good throughout the study period. Dissolved oxygen varied considerably between watersheds and within sites. Specifically, Barnards Creek, Lords Creek, and Smith Creek contained good levels of dissolved oxygen while Futch Creek and Motts Creek contained fair levels of dissolved oxygen. Pages Creek and Prince Georges Creek contained poor dissolved oxygen levels in the majority of its sampling sites. · Chlorophyll-a was determined to be good within all watersheds and individual sampling sites with the exception of Lords Creek, which contained two samples above the State standard resulting in a fair rating. · Enterococcus, a bacteria indicator of water quality, was examined within each site and watershed. Generally, Enterococci was problematic in a number of these watersheds as Lords Creek, Prince Georges Creek, and Pages Creek received fair ratings while Barnards Creek, Motts Creek, and Smith Creek received poor ratings. Only Futch Creek contained good water quality in terms of Enterococci levels. · Fecal coliform, another indicator of bacterial contamination, was assessed monthly within Pages Creek and Futch Creek. These creeks generally exceeded the State shellfish standard for fecal coliform bacteria resulting in poor ratings. · As a supplement to the regular monthly water quality monitoring, a separate sampling effort was undertaken to determine the source of bacterial contamination within Pages Creek. Four sampling events were conducted through the course of this study; two during dry periods and two during rain events. Genetic analysis of samples collected from both sites indicated the presence of human fecal bacteria within these locations in Pages Creek. Other sources of contamination were shown to be derived from ruminants such as horses. Furthermore, the presence of optical brighteners, a chemical compound often found in laundry detergents, indicates that either sewage or septic system leachate is polluting the creek waters. The following conclusions were presented: · Water quality continues to be of concern within several creeks of New Hanover Countys creeks. · While stormwater runoff contributes to pollutant loading there is evidence of septic or sewer contamination. · Monitoring and coordination amongst agencies and entities is helping to identify and resolve potential problems. In response to Board questions, staff outlined the citation process used by the Environmental Health Department when a failing septic tank has been identified. County Attorney Copley reported that staff attempts to persuade the individual to fix the septic tank on their own as legal action would be the last resort. Currently, the Legal Department has not been requested to take anyone to court at this time. A complete copy of the New Hanover County Water Quality Monitoring Program 2008-2009 Final Report is available for review on the Planning Department website. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS APPROVAL OF FUNDING THE NON-FEDERAL SHARE OF BEACH NOURISHMENT PROJECTS FOR WRIGHTSVILLE, CAROLINA AND KURE BEACHES WITH ROOM OCCUPANCY TAX FUNDS Assistant County Manager Dave Weaver reported that the Corps of Engineers intends to construct beach re- nourishment projects this coming winter for Wrightsville, Carolina and Kure Beaches. In order for the Corps of Engineers to move forward in a timely manner, they have suggested that the County advance both the total state NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, JULY 6, 2009 PAGE 647 share in the amount of $2.8 million and the total local share in the amount of $933,692. The local share will be funded from a portion of the Room Occupancy Tax Fund; they have a projected balance in the amount of $33.7 million at the end of Fiscal Year 2008-2009. It appears likely that the State will fund its share of the projects as the amounts are budgeted in both the Senate and House versions of the budget. Although it does appear that the State will not be able to fund the project until September. This delay may impact the Corps of Engineers schedule to complete the project this winter and to receive competitive bids early on in the schedule. The Port, Waterway and Beach Commission have recommended the County to take this action. Chairman of the Port, Waterway and Beach Commission Rick Caitlin reported that the State portion of the funds are included in the current Senate and House versions of the budget although there is no guarantee that the funding will be included in the approved budget. If the project does not proceed there is a chance of losing the Federal portion of the funding. Staff recommends that the Board advance the total non-federal share of $3,734,769 for these projects which includes $2,801,079 that is anticipated to be reimbursed by the State. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to advance the Corps of Engineers the total non-federal share of the beach re-nourishment projects for Wrightsville, Carolina and Kure Beaches in the amount not to exceed $3,734,769 with the understanding that Room Occupancy Tax Funds will be used for the local share in the amount of $933,792 and for the State share in the amount of $2,801,079 with the anticipation that the State share will be reimbursed to the Room Occupancy Tax Fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE VACANCIES Vice-Chairman Thompson reported that the following opportunities for citizens to participate in County Government are available: · Adult Care Home Community Advisory Committee · Cooperative Extension Advisory Council · Criminal Justice Partnership Advisory Board · Board of Examiners of Electricians  Electrical Contractors · Library Advisory Board · Board of Mechanical Examiners  Registered Mechanical Engineer and Mechanical Contractors · Nursing Home Community Advisory Committee DISCUSSION ON SOLID WASTE RFP PROCESS The Board held a discussion concerning the Solid Waste RFP Process with the consensus of the Board to schedule a Special Meeting for a work session to meet with the consultant and review the draft RFP on Monday, July 20, 2009 immediately following the Regular Meeting. The Board directed staff to confirm this date and time with the consultant and to keep the Regular Meeting agenda as brief as possible. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:15 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.