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HomeMy WebLinkAbout2007-09-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 176 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 4, 2007, at 5:30 p.m. in the Human Resources Training Center, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell; County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Jeff Roberts, Trinity United Methodist Church, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. REMOVAL OF REGULAR AGENDA ITEM 5 Chairman Caster reported that Regular Agenda Item 5 ? Consideration of Revisions to New Hanover County Code, Section Five: Animals and Fowls has been pulled from the Agenda until the Board?s September 17, 2007 meeting. APPROVAL OF CONSENT AGENDA Chairman Caster reported that Consent Agenda Item 3 - Adoption of Resolution Approving the Sole Source Award to Best Uniforms, Inc. has been removed from the agenda at the request of Sheriff Causey. Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda for discussion. Hearing no comments, Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: ? Work Session meeting held on August 9, 2007 ? Agenda Review meeting held on August 9, 2007 ? Regular Session meeting held on August 13, 2007 ? Closed Session meeting held on August 13, 2007 ? Board of Equalization and Review meeting held on August 14, 2007 ? Special Joint Session meeting held on August 22, 2007 Adoption of Resolution and Budget Ordinance Amendment 08-024 Accepting the Donation of a 1994 Ford Van from Family Services of the Lower Cape Fear ? Juvenile Day Treatment Center The Commissioners, on behalf of the Juvenile Day Treatment Center, adopted the resolution and budget ordinance amendment 08-024 accepting the donation of a 1994 Ford Van (VIN # 1FBJS31HB58214) from Family Services of the Lower Cape Fear. The North Carolina Department of Motor Vehicles has established the market value of the van to be $1,790. The County must pay $60 to cover the required highway use tax and registration; thereby adjusting the market value of the van to $1,850. A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 29.1. Approval of Capital Outlay Budget Amendment #1 and Adoption of Budget Ordinance Amendment 2008-20 to Increase Project Funds for the Public School Capital Building Fund for Annie H. Snipes Academy of Arts and Design ? New Hanover County School System The Commissioners approved New Hanover County Board of Education Budget Amendment #1 for Capital Outlay Funds and adopted budget ordinance amendment 2008-20. The funds will be used for renovations, minor site improvements, and technology upgrades for the Annie H. Snipes Academy of Arts and Design. Funds from the 2005 Local Bond Referendum will be used for the required local match. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 29.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 177 Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted budget ordinance amendment 08-025 - Rollover of Unexpended Grant Funds from FY 06/07 to FY 07/08. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXX, Page 29.3. REGULAR AGENDA ADOPTION OF RESOLUTION SUPPORTING AND ENDORSING THE CIVIL WORKPLACE PROTOCOL DEVELOPED BY THE BUSINESS COMMUNITY ACTION TEAM OF EVOLVE WILMINGTON! AND APPROVAL OF PERSONNEL POLICY REVISIONS Assistant County Manager Andre? Mallette introduced Cathy Morgan in her new role as Human Resources Director. Human Resources Director Cathy Morgan reported that the Board is being requested by the Business Community Action Team of EVOLVE Wilmington!, of which the County is a member-employer, in affiliation with Domestic Violence Shelter & Services, Inc., to support and endorse a peer-based Civil Workplace Protocol. The protocol addresses the business need to employers to establish civil, violence-free, productive workplaces through policy implementation, education and communication. Staff is also requesting that the Board approve revisions to the personnel policy to formally address respectful workplace, workplace violence and domestic violence in the workplace issues. ? Respectful Workplace Policy - The respectful workplace policy helps shape the organizational culture by establishing a standard of respectful conduct for all employees to follow in their dealings with each other and with the citizens they serve. The policy addresses behaviors which may not be unlawful, but which nevertheless are detrimental to positive communication, collaborative working relationships, employee satisfaction and retention, and service delivery. ? Workplace Violence Policy - With incidents of workplace violence on the rise and the potential for domestic violence to spill over into the workplace, we have recognized the need to give the County's position on workplace violence a more prominent place in our organizational culture. This policy addresses behaviors which escalate from harassment to violence and endanger the health and safety of County employees and citizens on County property or engaged in the conduct of County business. Commissioner Pritchett read the resolution into the record and made a motion for adoption of the resolution and approval of the revisions to the personnel policy as presented. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution supporting and endorsing a peer-based Civil Workplace Protocol and to approve the revisions to the personnel policy 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 XXX, Page 29.4. PUBLIC HEARING ON AUTHORIZING AN INSTALLMENT PURCHASE CONTRACT AND DEED OF TRUST Chairman Caster opened the Public Hearing and requested staff to make the presentation. Finance Director Avril Pinder reported that at the Board?s August 13, 2007 meeting, the Board unanimously adopted a resolution authorizing the negotiation of an Installment Purchase Contract and directing Publication of Notice of the Contract to provide financing for the Drinking Water Treatment Plant in an amount not to exceed $42 million. Staff is requesting the Board conduct the required Public Hearing on this item. Chairman Caster asked if there was anyone who wished to speak on this item. Hearing no comments, Chairman Caster closed the Public Hearing. PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO NAME AN UNNAMED ROAD TO MARSH COVE LANE AND ASSIGN NEW STREET NUMBERS (SN-102, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported that in May 2006, Planning staff received a request from several residents living near the 5900 block of Myrtle Grove Road to have their unimproved road named and street numbers be assigned. A majority of the residents agreed on the name of Marsh Cove Lane. The naming of the road will enhance public and emergency service delivery, a better means of neighborhood identification and safety for the residents who presently live along the road. Presently, residents living along the road use a combination of Myrtle Grove Road and Shannon Drive addresses. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 178 Planning Department staff and Emergency Services staff recommend that the unnamed road be named Marsh Cove Lane and that new street numbers be assigned along the road. The County will be responsible for creating and erecting a new street sign. The proposed effective date of change for the residents will be November 30, 2007. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Commissioner Pritchett and Vice-Chairman Greer suggested the effective date for the change be January 30, 2008, following the December holidays. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt an ordinance naming an unnamed road near the 5900 block of Myrtle Grove Road to Marsh Cove Lane and assign new street numbers with an effective date of January 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance naming the road and the order assigning the address numbers is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 29.5. PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO REASSIGN STREET ADDRESSES TO A PORTION OF SANDERS ROAD (AA-001, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess reported Sanders Road is experiencing an explosion of growth. Sanders Road is a North Carolina Department of Transportation maintained road and is approximately 5,000 feet in length located between River Road to the west and Carolina Beach Road to the east. Currently there are three large residential developments under construction as well as a retail complex located at the southwest corner of Carolina Beach and Sanders Road and a credit union along Sanders Road. In anticipation and in response to the growth near and along Sanders Road and to enhance timely emergency service delivery, several existing street mailing addresses need to be changed to provide proper sequential numbering and block ranges. At the present time, a variety of street addresses, double and triple digit numbers, exist along the road that do not conform to the County?s addressing standards adopted in 2002. These addresses most likely were assigned many years ago by the United States Postal Service and the County. Planning Department staff in conjunction with Emergency Services staff has made every effort to retain as many of the existing street addresses as possible. The following four lots along the road will be affected by the address adjustment: ? 22 Sanders Road (address out of sequence) ? 543 Sanders Road (out of normal block range) ? 539 Sanders Road (out of normal block range) ? 417 Sanders Road (out of normal block range) Staff is requesting the Board approve the address adjustments with an effective date of November 30, 2007. Burnett Sanders, 417 Sanders Road, stated that his family has owned property on Sanders Road for generations and on behalf of his mother Sarah Sanders, is requesting that her address not be changed. Brenda Hewlett, Public Safety Communications Center Supervisor, stated that they are in agreement with the Planning Department?s recommendation. Hearingno further comments, Chairman Caster closed the Public Hearing and requested direction from the Board. Commissioner Pritchett suggested making the effective date be in January 2008, after the holidays. Vice-Chairman Greer suggested directing staff to work closely with the Sanders family. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the address assignments of four properties on Sanders Road as presented, with an effective date of January 30, 2008 and directed staff to work closely with the Sanders family. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Kopp voted in opposition. A copy of the order assigning street address numbers is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 29.6. PUBLIC HEARING TO CONSIDER A REQUEST BY SHANKLIN AND NICHOLS, PA, ON BEHALF OF ACI-PINE RIDGE, LLC, TO REZONE APPROXIMATELY 16.2 ACRES OF PROPERTY LOCATED OFF NORTH MARKET STREET AT PORTER?S NECK ROAD FROM B-1 NEIGHBORHOOD BUSINESS ZONING DISTRICT TO CD (B-2) CONDITIONAL DISTRICT HIGHWAY BUSINESS (Z-861, 04/07) Chairman Caster reported that this item is a Public Hearing to consider a request by Shanklin and Nichols, P.A., on behalf of ACI-Pine Ridge, LLC, to rezone approximately 16.2 acres of property on Porters Neck Road from B-A Neighborhood Business Zoning District to CD (B-2) Conditional Highway Business District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 179 This item was continued from the July 9, 2007 meeting of the Board of County Commissioners pending additional information regarding access to the site. The public hearing will be limited to any new information concerning access issues which the petitioner would like to present and the opponents will be limited to speaking on information which is presented as new and additional information. The Petitioner and opponents will each be allowed a total of twenty minutes to present their arguments, with fifteen minutes each for the presentation and five minutes each for rebuttal comments. He requested staff to make the presentation. Chairman Caster opened the Public Hearing and announced that the Conditional 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 Ken Shanklin Matt Nichols Paul Boney David Sneeden James Black Brad Murr Nicky Wagoner Ronald Brink Dan Martin Lyle Overcash C. Neil Shepherd Bob Ketchum Mike Kozlosky Dennis Ihnat Senior Planner Jane Daughtridge reported that Ken Shanklin with Shanklin and Nichols, PA, on behalf of ACI-Pine Ridge, LLC, is requesting to rezone approximately 16.2 acres of property located off North Market Street at Porter?s Neck Road in the Transition and Wetland Resource Protection land classifications from B-1 Neighborhood Business zoning district to CD (B-2) Conditional District Highway Business and presented a slide overview of the request. The traffic impact from the completion of the I-140 by-pass has transitioned the level of service up from F to D. Planning Director Chris O?Keefe reported that at the Board?s July 9, 2007 meeting, the Commissioners voted to continue this item pending additional information on access to the site and internal traffic flow. The Petitioner has met with members of the Porters Neck Community, Staff and NCDOT to address these concerns. The Petitioner has agreed to limit the use to only the Building Materials and Garden Supplies use and to install a private well for irrigation purposes. The Petitioner has also agreed to design, permit and construct a collective sewer system to serve the site per Sanitary District specifications. The Traffic Impact Analysis was also updated. Planning Director O?Keefe read the following revised findings of facts into the record. 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water will serve the property. B. County sewer will be required to serve the site. C. Applicant will design, permit and construct a collective sewer system to serve the site per District specifications. D. A private well will be installed for irrigation. E. The property accesses Market Street, an identified arterial via the intersection of Market Street and Porter?s Neck Road. F. Traffic counts decreased in the vicinity of this site between 2005 and 2006. G. Fire Service is available from the Ogden FD. H. The property is not located in a flood hazard area. I. Storm water retention is shown on the site plan and must meet the design standards of the County?s storm water ordinance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned B-1 Neighborhood Business District. This request is made concurrent with conditional rezoning to CD (B-2) Highway Business District. B. The proposed range of uses is too broad to be construed as anything other than ?tentative? and therefore does not meet the spirit and intent of a conditional use district as described in Section 59.7-1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 180 C. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 547 spaces compared to 423 spaces required. D. Traffic circulation system will be via internal drives connecting to the extension of Porter?s Neck Road and must provide adequate access for emergency service vehicles. E. A traffic impact analysis was updated in 2007 for NCDOT for this project and street improvements will be required by NCDOT for congestion management. F. The Special Highway Overlay District applies to two sides of this property. Buffers as required in Section 59.6 must be provided. The applicant has provided renderings to depict the approximate effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the I-140 overlay. 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. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Storm water management must perform in compliance with the requirements of the County ordinance. 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 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Other commercial uses are prevalent in this vicinity, although none are of the magnitude of a regional superstore. C. The site plan proposes improving the Porter?s Neck Road extension to the southwestern property boundary which would accommodate Plantation Road as indicated in the Long Range Transportation Plan. At the June 7, 2007 Planning Board meeting, the Planning Board voted 6 to 1 to recommend approval of the proposed request, including conditions of improving the access road to NCDOT standards along the southwest portion of the site and requiring pervious pavement for parking spaces in excess of minimum requirements. Staff also recommends approval. In response to Board questions, Planning Director O?Keefe confirmed that with the changes proposed by the Petitioner, the septic tank concern and the potential of underground pollution to Futch Creek has been eliminated and the Traffic Impact Analysis that was conducted reports that the overall flow of traffic will be improved. Chairman Caster asked if the Petitioner would like to speak on the request. Ken Shanklin, Attorney with Shanklin and Nichols representing ACI-Pine Ridge, presented an overview of the Lowe?s at Porter?s Neck project highlighting that as a result of meetings with neighbors, a new traffic study was performed which resulted in a revised and updated traffic study. As a result of these meetings the intersection and traffic pattern was revised to enhance the Porter?s Neck Road/Market Street intersection above NCDOT?s requirements. Lyle Overcash, Martin/Alexiou/Bryson, PLLC, presented a slide overview of the revised intersection and traffic pattern improvements and the proposed secondary access. Attorney Shanklin reported that the Petitioner is agreeing to the following conditions: ? Petitioner agrees to construct, at its cost, appropriate roadway infrastructure to create secondary access from the Lowe?s site southward through the Porters Neck Shopping Center to U.S. Highway 17. These improvements shall be constructed prior to issuance of the Certificate of Occupancy. ? Petitioner agrees to construct, at its cost, water and sewer infrastructure to the site as approved by the County?s Engineer. Upon completion of the Petitioner?s sewer infrastructure, and pending connection to the County?s wastewater system, Petitioner may temporarily connect to a private system pending completion of sewer improvements by the County before the Certificate of Occupancy is issued. ? Petitioner agrees to install, at its cost, all offsite road improvements on Market Street and Porters Neck Road for its property as approved by the North Carolina Department of Transportation before the Certificate of Occupancy is issued. Neil Shepherd, Blue Ridge Engineering, stated that the Petitioner concurs with the requirement that pervious pavement will be used for all parking spaces in excess of the County?s minimum code. He reported that the requested amount is lower than standard requirement. In response to Board questions, Mike Kozlosky, City of Wilmington Senior Transportation Planner, stated that based on the information that he has reviewed and the Petitioner?s engineer stating that none of the surrounding roads will function below the current level of D, it is his understanding that with the improvements the roads will function at an acceptable level of service once the development is constructed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 181 Mr. Kozlosky reported that currently NCDOT has a transportation study project in this area and NCDOT Board Member Lannie Wilson has indicated that he will pursue funding for additional traffic studies of this area to be used for consideration as future development occurs. Interim County Engineer Dennis Ihnat voiced his concern of allowing the Petitioner to temporarily connect to a private system pending completion of sewer improvements by the County. In response to Board questions, Attorney Shanklin acknowledged that the building cannot be occupied until all the conditions are satisfactorily met and that the Petitioner was willing to take the risk of starting construction without knowing if and when he could tie into the county sewer system. Chairman Caster stated that no one has asked to speak in opposition to the request. Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to approve the request by Shanklin and Nichols, on behalf of ACI-Pine Ridge, LLC, to rezone approximately 16.2 acres of property located off North Market Street at Porter?s Neck Road from B-1 Neighborhood Business Zoning District to CD (B-2) Conditional District Highway Business District to locate a Building Material and Garden Supplies facility and to grant the companion special use permit finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow addition of acreage outside the flood plain to be converted to higher intensity commercial use as outlined in the companion conditional use permit based on the evidence presented and the findings of fact 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 conditions that the Petitioner, at his cost and prior to the issuance of the Certificate of Occupancy, agrees to: 1) construct the appropriate roadway infrastructure to create a secondary access from the Lowe?s site as presented on the Petitioner?s site plans #1 and #2, dated August 28, 2007; 2) construct water and sewer infrastructure to the Lowe?s site as approved by the County Engineer; 3) install all offsite road improvements on Market Street and Porter?s Neck Road for its property as approved by the North Carolina Department of Transportation; and 4) pervious pavement for parking spaces in excess of minimum requirements will be used. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAPS OF AREA 5 AND AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 6, 1972 AND JULY 7, 1972, are hereby incorporated as a part of the minutes and are contained in Zoning Book I, Section 5, Page 62 and Zoning Book II, Section 8B, Page 63. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 16.1. BREAK Chairman Caster called for a break from 7:15 p.m. until 7:30 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY JAMES D. SMITH, ON BEHALF OF WILLIAM F. CANADY, TO REZONE APPROXIMATELY 0.65 ACRE OF PROPERTY LOCATED AT 113 SWEETWATER DRIVE FROM R-15 RESIDENTIAL DISTRICT TO O&I OFFICE AND INSTITUTIONAL DISTRICT (Z-869, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Attorney James D. Smith, on behalf of William F. Canady, is requesting to rezone approximately 0.65 acre of property located at 113 Sweetwater Drive from R-15 Residential District to O&I Office and Institutional District and presented a slide overview of the request. Planning Director Chris O?Keefe continued reporting that the subject property is located off Market Street in the northern portion of the county with primary access from Sweetwater Drive. The rezoning petition proposes a change from the moderate density residential zoning to an Office and Institutional District, expanding an existing O&I Zoning District. The site has reasonable access through an existing office park and is consistent with adjacent land uses to the south and east. Based on the above analysis, staff feels that this proposal is consistent with the policies of the Land Use Plan. In response to Country Haven Drive residents? concerns relating to drainage, potential traffic on the private street and potential violations of their restrictive covenant, the Planning Board offered to support an amended version to include only the lot at 113 Sweetwater Drive and not the lot fronting on Country Haven Drive. The applicant agreed with the Planning Board?s suggestion. Chairman Caster asked if the Petitioner would like to speak on the request or if anyone would like to speak in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 182 Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the request by James D. Smith, on behalf of William F. Canady, to rezone approximately 0.65 acre of property located at 113 Sweetwater Drive from R-15 Residential District to O&I Office and Institutional District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow transition of residential acreage to office and institutional use in this location. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 64. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF LOUISE STEVENS, TO REZONE APPROXIMATELY 9.25 ACRES OF PROPERTY LOCATED AT 4451 AND 4453 GORDON ROAD FROM R-15 RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT (Z-870, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of Louise Stevens, is requesting to rezone approximately 9.25 acres of property located at 4451 and 4453 Gordon Road from R-15 Residential District to R-10 Residential District and presented an overview of the request. Planning Director Chris O?Keefe reported that the subject property is currently used for single family residential purposes. Adjacent to the east is Brierwood Subdivision which is zoned R-10. The Airport Residential zoning district abuts on the west side, and a small portion of the subject property is included in the AR District, but the property is not within the airport approach zone. If approved, the rezoning request will result in a density change from 2.5 units per acre to 3.3 units per acre. The level of service has been rated A&B along this segment, meaning traffic flow is free and stable. The maximum potential units for both R-15 zoning and R-10 zoning is ninety-two units. This limitation is due to density limitations for high density attached dwellings within 200? of detached dwellings. This property is classified as Transition in the 2006 Update of the Wilmington/New Hanover County CAMA Land Use Plan which provides for future intensive urban development on lands that have been or will be provided with necessary urban services. This proposal was heard and recommended by the Planning Board earlier this year but at the Commissioners? meeting on May 7, 2007, the Petitioner withdrew the request in order to address drainage issues raised by neighbors. At the Planning Board?s August 2, 2007 meeting, they voted 7-0 to recommend approval with no one from the public speaking. Staff recommends approval. Chairman Caster asked if the Petitioner would like to speak on the request. Cindee Wolf, with Withers and Ravenel on behalf of the Petitioner, stated that public water and sewer are available for the site and that Gordon Road has the needed traffic capacity. The adjacent subdivision of Brierwood is zoned R-10. Ms. Wolf reported that the drainage concerns raised by neighbors have been examined. The drainage for the project will be managed by a retention pond on the property and will not have an impact on the area that is of concern to the neighbors. Chairman Caster asked if anyone would like to speak in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers and Ravenel, on behalf of Louise Stevens, to rezone approximately 9.25 acres of property located at 4451 and 4453 Gordon Road from R-15 Residential District to R-10 Residential District finding that the request is: 1) consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow increase in base density from 2.5 units per acre to 3.3 units per acre in this location adjacent to existing R-10 districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 65. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 183 PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 111 OF THE ZONING ORDINANCE TO REQUIRE APPLICANTS TO CONDUCT A COMMUNITY INFORMATION MEETING PRIOR TO SUBMISSION OF REQUESTS FOR PLANNED DEVELOPMENT, RIVERFRONT MIXED USE OR CONDITIONAL USE DISTRICT ZONING ACTIONS (A-361, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting to amend Section 111 of the Zoning Ordinance to require applicants to conduct a community information meeting prior to submission of requests for Planned Developments, Riverfront Mixed Use or Conditional Use District zoning actions. The petitioner will be required to include a written report of at least one community information meeting. The community meeting shall be held prior to submission of the application for map amendment. The primary purpose of the meeting is to explain the upcoming proposal and field questions from residents in the surrounding area. At a minimum, written notice of such a meeting shall be given to the adjacent or immediately affected property owners and any organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board. The meeting should focus on information exchange between a petitioner and the specific invitees but should be open to the general public as well. The report shall include, among other things: 1. A listing of those persons and organizations contacted about the meeting and the manner and date of contact; 2. The date, time and location of the meeting; 3. A roster of the persons in attendance at the meeting; 4. A summary of issues discussed at the meeting; and 5. A description of any changes or adjustments to the rezoning petition made by the petitioner as a result of the community meeting. In the event the petitioner has not held at least one meeting pursuant to this subsection, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the Planning Board in its decision and by the County Commissioners, as appropriate, but shall not be subject to judicial review. Chairman Caster asked if anyone would like to speak in favor of or opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the zoning text amendment as presented for Section 111 of the Zoning Ordinance to require applicants to conduct a community information meeting prior to submission of requests for Planned Developments, Riverfront Mixed Use or Conditional Use District zoning actions finding that the request is: 1) consistent with the purposes and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish a requirement that certain development proposals must hold a community information meeting prior to submission of an application for certain zoning changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 29.7. PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 71-1 OF THE ZONING ORDINANCE TO ADD LANGUAGE ESTABLISHING A POLICY ON RE-SUBMITTAL OF DENIED SPECIAL USE PERMIT APPLICATIONS (A-362, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting to amend Section 71-1 of the Zoning Ordinance to add language establishing a policy on the resubmittal of denied Special Use Permit applications. The proposed revision is as follows: Section 71-1(10 ) Resubmittals. An application for a special use which has been previously denied may be resubmitted only if there has been a change in circumstances as determined by the Planning Director or the director's designee. Evidence presented in support of the new application shall initially be limited to what is necessary to enable the Planning Director to determine whether there has been a substantial change in the facts, evidence, or conditions of the case and shall include: ? Circumstances affecting the property that is the subject of the application which have substantially changed since the denial; or ? New information available since the denial that could not with reasonable diligence have been presented at a previous hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 184 If the Planning Director deems the evidence has substantially changed, the proposal may be resubmitted as a new application. Appeal of the Planning Director?s decision may be made to the Board of County Commissioners. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Vice-Chairman Greer suggested imposing time limits. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the zoning text amendment as presented to amend Section 71-1 of the Zoning Ordinance to add language establishing a policy on the re-submittal of denied Special Use Permit applications finding that the request is: 1) consistent with the purposes and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish more definitive guidance for circumstances under which a denied special use request might be eligible for rehearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 29.8. PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 111 OF THE ZONING ORDINANCE TO ESTABLISH A POLICY AND PROCEDURE RELATING TO CONTINUANCES OF REZONING CASES (A-363, 08/07) Chairman Caster opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O?Keefe reported that staff is requesting to amend Section 111 of the Zoning Ordinance to add language establishing a policy and procedure relating to continuances and/or withdrawals of rezoning cases. Withdrawals: ? When a project is withdrawn, the case is closed and any further request for action becomes a new request, subject to new submission deadlines and new fees. Withdrawals of map amendments (rezonings) are subject to the limitations of Section 111-3(4) and (5). Specifically, if the petition is not withdrawn prior to delivering the Planning Board advertisement of public hearing to the newspaper, a 12 month waiting period applies and is counted from the advertised hearing date. Continuances: ? A continuance delays decision-making from the advertised hearing date to some future meeting. From time to time, circumstances beyond the control of an applicant may arise to necessitate delaying a request before the Planning Board or Board of County Commissioners. The current ordinance does not specifically address this subject. Understanding that these situations do arise, but also acknowledging significant inconvenience to the public and the boards, as well as the resultant additional costs of staff time, notice expense, and production costs, some mechanism to discourage abusive use of continuances is advisable. At a minimum, additional fees should be charged when continuances are requested. The fee will help offset the added cost of the correction notices, staff time, fuel, and re-advertising the item the following month. Staff is proposing the following addition: Sec. 111-3(6) All requests for continuances of proposals and petitions involving a change of zoning shall be subject to the following policies: 1. If an applicant requests that an item be delayed for consideration on the Planning Board agenda, the request must be in writing to the Planning Director and must include the reason(s) for the requested delay. If the request is received: a. prior to notice being sent to the newspaper for advertising, the Planning Director may remove it from the agenda and calendar it for the next meeting. No additional fee will be required. Only one administrative continuance is allowed per permit application. b. after notice has been sent to the newspaper, the item will remain on the agenda and the planning board will act on the request for continuance of the item at the meeting. The board is under no obligation to grant a continuance. If continued, a fee in accordance with the adopted fee schedule will be charged and the item will be rescheduled for the next upcoming meeting of the board or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline, the proposal will be deemed withdrawn, and a new application process will be required. 2. If an applicant requests delay of consideration from the Board of County Commissioners agenda, the request must be in writing to the County Manager, copied to the Planning Director, and must include the reason(s) for the request. If the request is received: a. prior to notice being sent to the newspaper for publication, the Planning Director will remove the item from the list of planning items being sent for the Manager?s agenda and calendar it for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 185 next regular night meeting. The Planning Director will immediately cause correction of the signage posted noticing the public hearing. A fee in accordance with the adopted fee schedule will be paid to the NHC Planning Department to offset the cost of fuel and staff time to correct the signage. b. after notice has been sent to the newspaper, the item will remain on the agenda and the Commissioners will act on the request for continuance of the item at the advertised meeting. The Commissioners are under no obligation to grant a continuance and may choose to hear the item and act on it. If continued, a fee in accordance with the adopted fee schedule will be paid and the item will be rescheduled for the next regular hearing meeting or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline, the proposal will be deemed withdrawn, and a new application process will be required. Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request. Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve amending Section 111 of the Zoning Ordinance to add language establishing a policy and procedure relating to continuances and/or withdrawals of rezoning cases finding that the request is: 1) consistent with the purposes and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish a definitive process for granting continuances and charging fees to recoup recurring costs associated with a continuance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes and contained in Exhibit Book XXX, Page 29.9. ASSESSMENT OF MASON INLET RELOCATION MAINTENANCE COSTS Finance Director Avril Pinder reported that at the work session held on August 9, 2007, Frank Pinkston, representative of the Mason Inlet Preservation Group presented to the Board a request to reduce the cost to the property owners for the upcoming Mason Inlet Assessment. The request was based on the Room Occupancy Tax received from properties along the northern end of Wrightsville Beach. At the Board?s August 13, 2007 meeting, staff was directed to analyze Room Occupancy Tax receipts from properties along the north end of Wrightsville Beach. The properties analyzed were Shell Island Resort, Wrightsville Dunes, Dune Ridge and Cordgrass Bay. Finance Department staff reviewed Room Occupancy Tax collections for the above referenced areas finding that annual collections are estimated in the amount of $416,000. Of these funds, $125,000 is designated to beach renourishment. The current assessment for Wrightsville Beach is $2,728,205 and for Figure Eight Island is $561,178. Staff is seeking direction of any reductions in these assessment amounts. Frank Pinkston, on behalf of Mason Inlet Preservation Group, presented the request to use Room Occupancy Tax funds to cover a portion of the continuing cost for maintaining Mason Inlet. The project has gone beyond protecting property owners to being a benefit to the State, County, tourism trade, residents, and visitors. There has never been any direct financial benefit received by the Wrightsville Beach north-end property from the portion of the Room Occupancy Tax funds developed for beach nourishment. It is only fair that the County provide some assistance for maintenance and monitoring. To date, a portion of the first assessment of $6.8 million has been paid with a current assessment of approximately $3 million remaining. He requested using a portion of the Room Occupancy Tax funds that north end of Wrightsville Beach homeowners have paid in the amount of $125,000, for the past five years, for a total amount of relief in the amount of $625,000. In response to Board questions, Finance Director Pinder presented the following breakdown of the current assessment amount of $2,728,207 for the north end of Wrightsville Beach. ? Approximately $1.2 million remaining balance from the initial relocation project ? Approximately $1.5 million is due for the past five year period of required maintenance/monitoring Chairman Caster reported that certain monitoring and mitigation requirements were agreed to in order to get the necessary permits to do the initial project. He suggested that staff work closely with the Army Corps of Engineers and others to assess and possibly reduce future monitoring requirements and expenses. Finance Director Pinder confirmed that staff is working with Chris Gibson, Gahagan & Bryant Engineers and Surveyors, staff from the Land Management Group, and the Army Corps of Engineers to assess and possibly reduce future monitoring requirements and expenses. Dick Hoffman, Shell Island HOA President, requested the Board reconsider the obligation and provide the north end property owners with some relief for the ongoing maintenance projects. He stated that he doubted that the south end Wrightsville Beach homeowners would be required to bear the cost if the south end inlet moved. Vice-Chairman Greer stated that he would like to see the State address the inequity of the beach renourishment portion of the Room Occupancy Tax funds formula for the north end portion of Wrightsville Beach. The best help the County can offer at this point is to direct staff to continue to meet with the appropriate agencies to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 186 help relieve some of the monitoring requirements and to include a representative from the Mason Inlet Preservation Group in expenditure talks, stating that it is for them to provide input and help, not for their approval. Approval has already been given through the contract that is in place. Mr. Pinkston stated that they would like for a representative from the Mason Inlet Preservation Group to be allowed to participate when monitoring contracts are being negotiated. Mike Giles, North Carolina Coastal Federation, requested that the County sponsor public forums with the stakeholders and all interested parties on the biological and environmental aspects of the beach. Commissioner Kopp stated that an agreement is an agreement and that the Board needs to move forward with the agreement that is in place. He stated that he would like to see some of the charges mitigated and financial impact lessened, and vowed that he would work toward that end. Commissioner Davis stated that he feels that the Mason Inlet Preservation Group needs to stick by their agreement and pay for the work that has been done. He endorsed the suggestion that staff work with the pertinent agencies and stakeholders, to evaluate and mitigate the monitoring expenses. He voiced his disappointment that Representative Danny McComas has not been included in the discussion and encouraged Mr. Pinkston to keep Representative McComas in the loop. Mr. Pinkston stated that contracts are made, and contracts are amended, especially long term contracts like this one. Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to assess the north end of Wrightsville Beach property owners in the amount of $2,728,205 and Figure Eight Island homeowners in the amount of $561,178. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to direct staff to include a representative of the Mason Inlet Preservation Group in contract negotiations and discussion of monies being spent, for input only, and does not include approval privileges. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager Bruce Shell clarified that staff will continue to work closely with the Mason Inlet Preservation Group to include them in discussions and to provide them with requested documentation. CONSIDERATION OF REVISIONS TO THE NEW HANOVER COUNTY CODE, SECTION FIVE: ANIMALS AND FOWL Chairman Caster reported that Regular Agenda Item 5 ? Consideration of Revisions to New Hanover County Code, Section Five: Animals and Fowls has been pulled from the Agenda until the Board?s September 17, 2007 meeting. ADOPTION OF RESOLUTION AWARDING BID 08-0042 AND CONTRACT 08-0042 TO SAM ENGLISH OF VA, INC FOR THE PURCHASE OF BOILER TUBES PANELS AT WASTEC WASTEC Director John Hubbard reported that a Request for Bids was published in the Star News on Sunday, July 29, 2007. The following bids were received: ? ABT, Inc. $224,380 Lead time: First Quarter 2008 ? Joe Moore & Company $234,892 Lead time: 42-45 weeks ? Sam English of VA, Inc. $287,000 Lead time: 16 weeks Based on the information provided by the three bidders, Sam English is the most responsible, responsive bidder, taking into consideration quality, performance and the time specified in the bids for the performance of the contract. This is based on the fact that ABT, Inc., cannot provide the eight wall boxes required to replace the boiler tubes and has a lead time of approximately seven months. Joe Moore & Company can provide the panels as specified; however, the company has a lead time of approximately eleven months. Sam English, although the highest bidder, has a lead time of approximately four months. Each month that boiler #2 remains inoperable costs WASTEC about $147,000 in lost revenues as a result of not burning trash. In addition, each month that boiler #2 is down, WASTEC loses approximately 900 megawatts of power. If one estimates that each megawatt of electricity cost $40.67, then $36,603 will be lost in revenues per month each month that boiler #2 is down. The additional lead time required by Joe Moore & Company will result in excessive lost revenues making it less expensive to use Sam English. Staff is requesting the Board adopt the resolution awarding Bid 08-0042 and Contract 08-0042 to Sam English of VA, Inc., in the amount of $287,000 and authorize staff to execute the contract. Chairman Caster requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution awarding Bid 08-0042 and Contract 08-0042 to Sam English of VA, Inc., in the amount of $287,000 and authorize staff to execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 187 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 29.10. Break Chairman Caster called for a break from 9:00 p.m. until 9:13 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 9:13 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Commissioner Davis excused himself at 9:50 p.m. Chairman Caster reconvened to Regular Session at 10:18 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. ADDITIONAL ITEM ADOPTION OF RESOLUTION REQUESTING GOVERNOR EASLEY TO CALL A SPECIAL SESSION OF THE GENERAL ASSEMBLY IN THE FALL OF 2007 TO DISCUSS LOCAL, REGIONAL AND STATEWIDE TRANSPORTATION FUNDING ISSUES Commissioner Kopp reported that the Wilmington Urban Area Metropolitan Planning Organization adopted a resolution at their meeting on Wednesday requesting Governor Easley to call a special session of the General Assembly to discuss local, regional and statewide transportation funding issues. He requested the Board consider adopting a similar resolution. Commissioner Kopp presented the resolution into the record and moved for adoption. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution requesting Governor Easley to call a special session of the General Assembly to discuss local, regional and statewide transportation funding issues. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 29.11. ADJOURNMENT There being no further business, Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Caster adjourned the meeting at 10:22 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board