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HomeMy WebLinkAbout2007-02-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 27 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 5, 2007, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Commissioner William A. Kopp, Jr. was absent due to illness. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Bryan McGee, Associate Pastor of The Rock of Wilmington, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing none, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO O. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the Agenda Review meeting held on January 18, 2007 and the Closed Session meeting and Regular Session meeting held on January 22, 2007 as presented by the Clerk to the Board. Adoption of Resolution to Add Memory Lane, Goose Pond Court and Silo Court in Apple Valley Subdivision to the State Highway System The Commissioners adopted the resolution to add Memory Lane, Goose Pond Court and Silo Court in Apple Valley Subdivision to the State Highway System (Div. File No. 1090-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 16.1. Adoption of Resolution to Add Houston Court and Old Barn Court in Apple Valley Subdivision to the State Highway System The Commissioners adopted the resolution to add Houston Court and Section 2 of Old Barn Court in Apple Valley Subdivision to the State Highway System (Div. File No. 1091-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 16.2. Adoption of Resolution to Add Passage Gate Way, Zephyr Drive and Maria Court in Crown Ridge at Tidalholm Subdivision to the State Highway System The Commissioners adopted the resolution to add Passage Gate Way, Zephyr Drive and Maria Court in Crown Ridge at Tidalholm Subdivision to the State Highway System (Div. File No. 1093-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 16.3. Approval of Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning with the Department of Transportation The Commissioners approved the Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning with the Department of Transportation. The City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, County of Brunswick, County of Pender and the Cape Fear Public Transportation Authority have all been requested to enter into the Memorandum of Understanding by the Transportation Advisory Committee. Approval to Participate with the Greater Wilmington Chamber of Commerce and the City of Wilmington in Hosting the Legislative Weekend and the Associated Budget Amendment - Finance Department The Commissioners approved participating with the Chamber of Commerce and the City of Wilmington in hosting the Legislative Weekend for the Council of State and Members of the General Assembly to be held on April 20-22,2007 in the amount of $10,000 and the associated budget amendment #07-119. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 28 Ratification of Grant Application to the North Carolina Preservation Consortium - Library The Commissioners ratified the grant application submitted by the Library to the North Carolina Preservation Consortium in the amount of $810 and if awarded, approved accepting the grant funds and any associated budget amendment. If awarded, the funds will be used to better archive special collections items. No local match is required. Approval of Budget Amendments - Budget Department The Commissioners approved the following Budget Amendments: Budget Amendment Number 07 -115 - Library Budget Amendment Number 07 -118 - General Government REGULAR AGENDA ADOPTION OF PROCLAMATION DECLARING FEBRUARY AS "HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY Chairman Caster reported that the Human Relations Commission has requested that the Board proclaim February as "Human Relations Month" in New Hanover County. Commissioner Pritchett read the proclamation into the record. Chairman Caster requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation declaring February as "Human Relations Month" in New Hanover County. Upon vote, the MOTION CARRIED 4 TOO. Human Relations Commission Director Carl A. Byrd, Sf. received the proclamation on behalf of the Human Relations Commission. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 16.4. INTRODUCTION OF ASSISTANT COUNTY ATTORNEY SHARON HUFFMAN On behalf of the Board, Chairman Caster welcomed Assistant County Attorney Sharon Huffman to New Hanover County and wished Attorney Holt E. Moore well as he enters private practice. PUBLIC HEARING TO CONSIDER THE REQUEST BY MCKIM & CREED, ON BEHALF OF NNP IV CAPE FEAR RIVER, LLC, TO MODIFY THE APPROVED MASTER PLAN FOR RELOCATION OF RIVER ROAD (Z-677,7/99,1/07) Chairman Caster requested Mike Kozlosky to make the staff presentation. Mike Kozlosky, Senior Transportation Planner for Wilmington Metropolitan Planning Organization, reported that the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee has submitted a resolution requesting the Metropolitan Planning Staff, in cooperation with the North Carolina Department of Transportation, complete a small area transportation plan and that the County Commissioners consider delaying approval of any projects located within the study area until the plan is complete. The plan includes the area bounded by Carolina Beach Road, Independence Boulevard, the Cape Fear River and Sanders Road. An accelerated schedule of fourteen weeks has been identified. The Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee has been approached by the Developer, Newland Communities, with a proposal that they will fund the study in-house by hiring the consultant with Metropolitan Planning Staff providing project oversight and management. An in-house study will expedite the process. He reported that the North Carolina Department of Transportation Planning Branch is not opposed to the private/public partnership. Commissioner Pritchett stated that she will not support the developer conducting the study and will support the request by the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee that the Metropolitan Planning Staff, in cooperation with the North Carolina Department of Transportation conduct the study. Mr. Kozlosky reported that the in-house study will look at the existing conditions as well as the study area bounded by Carolina Beach Road, Independence Boulevard, the Cape Fear River and Sanders Road. Commissioner Davis stated that an in-house study by a consultant hired by the developer will take away from the independent nature of the study. Chairman Caster requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to comply with the recommendations submitted by the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee resolution requesting the County Commissioners consider delaying approval of any projects NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 29 located within the study area bounded by Carolina Beach Road, Independence Boulevard, the Cape Fear River and Sanders Road until completion of a small area transportation plan by the Metropolitan Planning Organization with cooperation from the North Carolina Department of Transportation. Commissioner Pritchett read the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee resolution into the record. Vice-Chairman Greer confirmed with Mr. Kozlosky that the North Carolina Department of Transportation Planning Branch is not opposed to the private/public partnership stating that he sees the importance of setting a deadline for the study. Commissioner Davis stated that it is important that the Board set a study deadline of no later than June 4, 2007. Commissioner Pritchett stated that a study deadline was not a part of the resolution and should be kept separate. Commissioner Pritchett requested Chairman Caster call for a vote on the motion. Chairman Caster reported that even with Board approval, the Newland Communities project requires North Carolina Department of Transportation approval. He reported that the project can proceed immediately as was approved in 1999 without further Board action. Michael Lee, on behalf of Newland Communities, clarified that the resolution precludes how the study is accomplished and recommended it be heard separate from the hearing on the request to modify the master plan for the relocation of River Road. Commissioner Pritchett requested Chairman Caster call for a vote on the motion. Chairman Caster called for a vote on the motion. Vote: The MOTION FAILED 2 TO 2. Chairman Caster and Vice-Chairman Greer voted in opposition. Commissioner Davis reiterated his concern that it is important that the Board set a study deadline of no later than June 4,2007. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to comply with the recommendations submitted by the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee resolution requesting the County Commissioners consider delaying approval of any projects located within the study area bounded by Carolina Beach Road, Independence Boulevard, the Cape Fear River and Sanders Road until completion of a small area transportation plan by the Metropolitan Planning Organization with cooperation from the North Carolina Department of Transportation with the study being completed no later than June 4, 2007. Upon vote, the MOTION CARRIED 4 TO O. Mr. Lee requested the Board formally continue Regular Agenda Item 2.1 - Request bv McKim & Creed, for NNP IV Cape Fear River, LLC to Modify the Approved Master Plan for the Relocation of River Road. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to continue the request by McKim and Creed, on behalf ofNNP IV Cape Fear River, LLC, to modify the approved master plan for relocation of River Road until completion of a small area transportation plan by the Metropolitan Planning Organization with cooperation from the North Carolina Department of Transportation with the study being completed no later than June 4, 2007. Upon vote, the MOTION CARRIED 4 to O. PUBLIC HEARING TO CONSIDER A REQUEST BY DUNCAN MARINE CONTRACTORS, INC., ON BEHALF OF REIS, LLC, TO LOCATE A SEVEN SLIP COMMUNITY BOATING FACILITY IN AN R- 15 RESIDENTIAL ZONING DISTRICT AT THE BLUFFS AT TRAIL'S END (S-571, 12/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Jane Daughtridge Charles Duncan Bryan Charron Senior Planner Jane Daughtridge reported that Duncan Marine Contractors, Inc., on behalf of REIS, LLC, is requesting to locate a seven slip community boating facility in an R -15 Residential Zoning District at the Bluffs at Trail's End and presented a slide overview of the proposed project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 30 Planning Director Chris O'Keefe reported that at its December 7, 2006 meeting, the Planning Board recommended approval of this project by unanimous vote. No one from the public spoke in favor or against the proposal. The recommendation includes the following additional conditions: (l) Deed restrictions or restrictive covenants to be recorded in the chain of title will be placed on the seven proposed lots in the subdivision, stating that no individual docks or piers will be allowed, and only property owners or their guests may use the slips. (2) No overhead lighting shall be installed. Staff recommends approval and supports the Planning Board's conditions. Planning Director O'Keefe read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within Myrtle Grove Fire District. B. A private well will serve the dock facility. C. The project will be located in Whiskey Creek, which is subject to extreme tidal fluctuations D. Access to the site will be pedestrian from within The Bluffs at Trails End Subdivision, off Trail's End Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located in an R -15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R -15 Residential District. B. The property has an existing pier and floating dock which applicant proposes to keep. C. The site will not need any off-street parking, because it is close to the proposed residential lots it will serve. D. The proposed community boating facility proposes seven boat slips with boat lifts to serve seven proposed residential lots, which meets the required ratio. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the ordinance, are proposed for the facility. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 4. The Board must find 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. A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water- dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a severely limited channel width at low tide, making pier projects on individual residential lots complicated. D. Surrounding land uses include single-family housing, some with docks and piers. Chairman Caster asked if the Petitioner would like to speak on the request. Bryan Charron, on behalf of Duncan Marine, stated that he agreed with the findings of facts and two conditions as presented by staff. Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to approve a Special Use Permit to Duncan Marine Contractors, Inc., on behalf ofREIS, LLC, to locate a seven slip community boating facility in an R- 15 Residential Zoning District at The Bluffs at Trail's End based on the evidence presented and the findings of facts concluding that the use: 1) will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2) meets all required conditions and specifications of the Zoning Ordinance; 3) will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) 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 conditions: 1) Deed restrictions or restrictive covenants to be recorded in the chain of title will be placed on the seven proposed lots in the subdivision, stating that no individual docks or piers will be allowed, and only property owners or their guests may use the slips; and 2) No overhead lighting shall be installed. Upon vote, the MOTION CARRIED UNANIMOUSLY 4 TO O. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 31 A copy of an order approving the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 12.1. RESOLUTION OF INTENT TO CLOSE A PORTION OF ALLEN AVENUE Senior Planner Sam Burgess reported that on behalf of Ronald Strickland, James D. Smith, has petitioned to close a segment of Allen Avenue and presented an overview of the area. In accordance with N.C.G.S. 153A-241, staff is requesting the Board adopt a Resolution of Intent to close a portion of Allen Avenue and to set the public hearing for March 12, 2007 at 1 :00 p.m. in the Assembly Room of the New Hanover County Historic Courthouse at 24 North Third Street in Wilmington, NC. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to adopt the Resolution of Intent to consider closing a portion of Allen Avenue. Upon vote, the MOTION CARRIED 4 TO O. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 16.5. BLUE CLAY PARK PRESENTATION Parks Director Neal Lewis presented a power point presentation and reported that the Cape Fear Cyclists, along with other bicycling enthusiasts, have approached the County regarding the use of the County-owned property off Blue Clay Road for an off-road Bicycle Park. The Cape Fear Cyclists have committed to provide assistance with planning, developing and funding the required improvements to the property. Some of the proposed development will require assistance and participation from the New Hanover County Parks Department including permitting, layout and restroom construction. The New Hanover County Sheriffs Department has been consulted on this project and their concerns have been addressed. Parks Director Lewis requested approval of the plan for the proposed park to begin work on the planned improvements, pending required permitting and approval of plans by the Parks Department. Commissioner Davis confirmed with County Attorney Wanda Copley that liability Issues had been addressed. Commissioner Pritchett confirmed with County Manager Shell that the trails are not permanent and could be relocated if needed for future jail expansion. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to designate the Blue Clay Road property as a New Hanover County Bicycle Park. Upon vote, the MOTION CARRIED 4 TO O. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 6:39 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 6:40 p.m. NON-AGENDA ITEMS Chairman Caster 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. CLOSED SESSION Chairman Caster announced that pursuant to G.S. 143-318.11(5) a Closed Session is needed to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisitions of and in negotiating the price and material terms of proposed contracts for real property. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, pursuant to G.S. 143-318.11(5) to convene to Closed Session to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in evaluating possible acquisitions of and in negotiating the price and material terms of proposed contracts for real property. Upon vote, the MOTION CARRIED 4 TO O. Chairman Caster convened to Closed Session at 6:41 p.m. CONVENE TO REGULAR SESSION Chairman Caster convened to Regular Session at 7:40 p.m. and reported that the Board has instructed the public body's staff to develop a buy/sell agreement for properties located at the end of Trails End Road. COMMENTS BY SHERIFF SIDNEY A. CAUSEY Sheriff Sidney A. Causey assured the Board, that despite negative Star News editorials, he and his staff are committed to providing excellent law enforcement services to the citizens of New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 5, 2007 BOOK 31 PAGE 32 Vice-Chairman Greer stated that the Sheriff continues to have the Board's support. On behalf of the Board, Chairman Caster thanked the Sheriff and his staff for their commitment to the citizens of New Hanover County. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO O. Chairman Caster adjourned the meeting at 7:47 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board