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HomeMy WebLinkAbout2008-05-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 361 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 5, 2008, 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 Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley; Deputy Clerk to the Board Teresa P. Elmore; and County Manager Bruce T. Shell. INVOCATION AND PLEDGE OF ALLEGIANCE Jim Everette, Associate Pastor with First Baptist Church gave the invocation. Nathan Ellen and Drew Cummings of Cub Scout Pack 211 led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion : Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, 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 of the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on April 17, 2008 Regular Session meeting held on April 21, 2008 Budget Work Session meeting held on April 21, 2008 Board of Equalization and Review meeting held on April 22, 2008 Special Meeting held on April 24, 2008 Adoption of State Road Resolution ? Governing Body The Commissioners adopted the NCDOT State Road resolution supporting the addition of Kirkwood Drive, Lenior Drive, Walston Drive, Hillside Drive, Wingate Drive, Eastdale Court, Hailey Court, Castine Way, Laveen Way, and Angel Island Road in Kirkwood at Arrondale Subdivision in New Hanover County to the State road system (Div. File No: 1123-N). A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI, Page 10.1. Designation of the Department of Aging to Serve as Lead Agency for Aging Services in New Hanover County and Acceptance of Three Grants for FY2008-2009 ? Department of Aging The Commissioners designated the Department of Aging to serve as lead agency for providing aging services in New Hanover County for FY2008-2009 and accepted the following grants: ? Home and Community Care Block in the amount of $926,227. The funds will be used to provide services to adult residents 60+ years old. The duration of the grant is from July 1, 2008 ? June 30, 2009. The County required match of $66,633 is included in the Department of Aging?s requested 2009 budget. The Department of Aging will renew the current contracts with Elderhaus Inc. and Interim Healthcare of the Eastern Carolinas Inc. for FY2009. Elderhaus Inc. and Interim Healthcare of the Eastern Carolinas Inc. will be responsible for the match for services provided by their respective agencies. ? Title IIID Health Promotion Medication Management Grant in the amount of $12,018. The funds will be used for Health promotion and medication management services for older individuals. The duration of the grant is from July 1, 2008-June 30, 2009. The County required match of $1,336 is included in the Department of Aging?s requested 2009 budget. ? Senior Center Outreach Grant in the amount of $1,470. The funds will be used to purchase medical equipment and incontinent supplies for persons 60+ years old. The duration of the grant is from July 1, 2008-June 30, 2009. The County required match of $490 is included in the Department of Aging?s requested 2009 budget. Approval of the New Hanover County Board of Education Budget Amendment 7 and Adoption of Budget Ordinance Amendment 2008-110 ? Budget Department The Commissioners approved the New Hanover County Board of Education Budget Amendment 7 and adopted Budget Ordinance Amendment 2008-110. Budget Amendment 7 establishes the budget for the Performance Learning Center and transfers funds from State Public School Building ADM Fund to State Technology Program Fund. The funds to establish the budget are from Sales Tax Refund, Project Savings, and a State Grant. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 362 A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.2. Adoption of Budget Ordinance Amendment ? Budget Department The Commissioners adopted the following Budget Ordinance Amendments: 2008-111 - Finance/Commissioners 2008-113 - Finance/Planning Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXI, Page 10.3. REGULAR ITEMS OF BUSINESS RECOGNITION OF BOY SCOUT OGDEN PARK PLANTING PROJECT Parks Director Neal Lewis reported that on February 22-24, 2008, sixty-six Boy Scouts and Cub Scouts, along with thirty-three adult leaders, camped out in Ogden Park for the entire weekend and participated in a project which resulted in the planting of trees, shrubbery and flower bulbs throughout the park. The Scouts represented the Northeast Cape Fear District of the Cape Fear Council of Boy Scouts of America from Cub Scout Packs 211, 215 and 234, along with Boy Scout Troops 220, 232, and 255. This is the second year the Scouts, ranging in grades from first grade through seniors,have participated in the park projects. In 2007, the planting took place at Castle Hayne Park and plans are already underway for another park planting next year. In addition to the Parks Department, these projects had financial support from the GE Retirees Association and GE Volunteers. , Jack BraggDistrict Chairman of the Northeast Cape Fear District and former Chairman of the New Hanover County Parks and Recreation Advisory Board, stated that the scouts who participated in the project will receive a special service patch for their uniforms to commemorate the project. Mr. Bragg presented the new patches designed for the two parks to Chairman Greer and Director Lewis. On behalf of the Board, Chairman Greer accepted the service patches and thanked the group for participating in the planting project at Ogden Park. The Scouts and leaders were introduced and recognized for their service to the community. PRESENTATION OF 2008 NORTH CAROLINA STATE UNIVERSITY LOCAL GOVERNMENT ENGAGEMENT PARTNERSHIP AWARD Cooperative Extension Director Melissa Hight reported that New Hanover County Government was selected for the 2008 Local Government Engagement Partnership Award by the North Carolina State University Office of Extension, Engagement, and Economic Development. The award was presented at a banquet on April 21 at the Jane S. McKimmon Center in Raleigh and is in recognition of visionary leadership and modeling mutually beneficial relationships with community and higher education partners. At the presentation, Assistant County Manager Dave Weaver accepted the award on behalf of New Hanover County Government. Cheryl Lloyd, State Leader, and Dr. Danny Shaw, District Extension Directorof Urban Programs at North Carolina State University, made the formal presentation to the Board. On behalf of the Board, Chairman Greer accepted the award and expressed appreciation for Director Hight?s leadership and the cooperative alliance with the State. ADOPTION OF PROCLAMATION DECLARING MAY 2008 AS ? WOMEN OF ACHIEVEMENT IN NEW HANOVER COUNTY MONTH? Chairman Greer reported that the Board has been requested to adopt the proclamation declaring May 2008 as ?Women of Achievement Month? in New Hanover County by the YWCA Lower Cape Fear's signature event to recognize and celebrate women's and teen's exemplary accomplishments in Southeastern North Carolina in the following categories: Arts, Business, Communications, Education, Environmental Health & Wellness, Public Service and Volunteerism. The Youth Leader Award includes $1,000 scholarships for high school seniors. Commissioner Pritchett read the proclamation into the record and moved for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Vice Chairman Caster, to adopt the proclamation declaring May 2008 as ?Women of Achievement Month? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.4. ADOPTION OF PROCLAMATION DECLARING MAY 2008 AS ? NATIONAL COMMUNITY ACTION ? IN NEW HANOVER COUNTY MONTH Chairman Greer reported that Cynthia J. Brown, Executive Director of New Hanover County Community Action, has requested the Board to adopt the proclamation declaring May 2008 as "National Community Action Month" in New Hanover County. Commissioner Davis read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 363 Motion: Commissioner Davis MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring ? May 2008 as National Community Action Month? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Brown and members of the New Hanover County Community Action Board were present and accepted the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.5. ADOPTION OF PROCLAMATION RECOGNIZING MAY 10-18, 2008 AS ? NATIONAL TOURISM IN NEW HANOVER COUNTY WEEK? Chairman Greer reported that Kim Hufham, President and CEO of the New Hanover County Tourism Development Authority, has requested the Board adopt the proclamation declaring May 10-18, 2008 as "National Tourism Week" in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation ? declaring May10-18, 2008 as National Tourism Week? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Kim Hufham and Connie Nelson accepted the proclamation on behalf of the authority. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.6. ADOPTION OF PROCLAMATION DECLARING MAY 2008 AS ?NATIONAL HISTORIC IN NEW HANOVER COUNTY PRESERVATION MONTH? Chairman Greer reported that George Edwards, Executive Director of the Historic Wilmington Foundation, has requested the Board adopt the proclamation declaring May 2008 as "National Historic Preservation Month" in New Hanover County. Commissioner Kopp read the proclamation into the record and moved for adoption. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation ? declaring May 2008 as National Historic Preservation Month? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Edwards accepted the proclamation and invited all citizens to participate in the events planned for the special observance. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.7. ADOPTION OF PROCLAMATION DECLARING MAY 2008 AS ? FOSTER CARE AWARENESS IN NEW HANOVER COUNTY MONTH? Chairman Greer reported that the Department of Social Services has requested that the Board proclaim May 2008 as ?Foster Care Awareness Month? in New Hanover County. Vice-Chairman Caster read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation ? declaring May 2008 as Foster Care Awareness Month? in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. LaVaughn Nesmith, Director of the Department of Social Services, accepted the proclamation and expressed appreciation for the foster care association and foster parents who provide a vital service for our children in need. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.8. PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF TRI-COAST PROPERTIES, TO REZONE APPROXIMATELY 10.9 ACRES OF PROPERTY LOCATED AT 4800 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO O&I OFFICE AND INSTITUTIONAL DISTRICT (Z-882,4/08) Chairman Greer opened the Public Hearing and requested staff to make the presentation. Senior Planner Jane Daughtridge reported that Withers and Ravenel, on behalf of Tri-Coast Properties, is requesting to rezone approximately 10.9 acres of property located at 4800 Blue Clay Road from R-15 Residential to O&I Office and Institutional District and presented a slide overview of the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 364 The subject property is located in the northern portion of the county in an area classified as Wetland and also Aquifer Resource Protection on the 2006 CAMA Land Classification map. The property is at the terminus of Blue Clay Road at I-40, but there is no access to I-40. Level of service on Blue Clay Road up to Sidbury Road has been rated B along this segment, meaning traffic flow is free and stable. The subject property is currently a vacant, wooded parcel. Surrounding property is all zoned R-15. Property to the south is occupied by a large power substation, and further south is the north campus of Cape Fear Community College. Scattered low density residential uses are evident to the north and west. I-40 extends along the entire eastern boundary. The subject property is located within the Prince Georges Creek watershed drainage area. The property is not influenced by flood hazard. The site is a secondary recharge area for the principal aquifers. A county water line is in the area but no public sewer is available. Soils have severe limitations for septic tanks. Planning Director Chris O?Keefe reported that the rezoning petition proposes a change from moderate density R-15 Residential with a maximum of 2.5 units per acre to O&I Office and Institutional District. The O&I district allows residential development at the same density as R-15, but also allows for schools, banks, business services, daycare, healthcare and other office situations. In addition to the range of uses, another advantage is that maximum height for structures is increased to 40 feet. The purpose of the Office and Institutional District is to provide areas where institutional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan. The property is classified as Aquifer Resource Protection and Wetland Resource Protection by the 2006 CAMA Plan. This classification provides for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class was developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. The Aquifer Resource Protection subclass occurs in the northwest part of the County north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from are diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. The Wetland Resource Protection subclass is primarily in the northeastern part of the county. The impact from which protection is needed is loss of wetland areas to development. The primary resource protection strategies focus on encouraging preservation of wetlands and wetland functions. Although the Progress Energy substation property separates this parcel from the existing O&I at the Community College, it is not inconsistent to allow for additional offices in the vicinity of the college. Based on the foregoing analysis, staff recommends approval of the rezoning. At its April 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the proposal. No one from the public spoke on this item. Chairman Greer asked if the Petitioner would like to speak on the request. Cindee Wolf, of Withers and Ravenel for Tri-Coast Properties, stated the best use for the property is office and institution because of the proximity to I-40 and Cape Fear Community College. Preliminary survey of the site indicates little evidence of wetlands and the developmental policies for the Aquifer Resource Protection and Wetland Resource Protection classification would protect the area and its natural resources. Chairman Greer asked if anyone would like to speak in opposition to or in favor of the request. Hearing no comments, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers and Ravenel, on behalf of Tri-Coast Properties, to rezone approximately 10.9 acres of property located at 4800 Blue Clay Road from R-15 Residential to O&I Office and Institutional Districtfinding that the request is: 1) consistent with the purposes and intent of the Resource Protection 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 a broader range of uses in this location near the northern campus of Cape Fear Community College. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 365 hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 69. PUBLIC HEARING AND CONSIDERATION OF REQUEST BY SHANKLIN & NICHOLS, ON BEHALF OF CAROLINA MARINA & YACHT CLUB, TO MODIFY AND EXPAND A SPECIAL USE PERMIT TO INCLUDE A 220-SLIP DRY STACK STORAGE FACILITY, ELIMINATE THE BOAT RAMP AND REDESIGN THE PIER AT 1512 BURNETT ROAD IN THE R-15 RESIDENTIAL ZONING DISTRICT (S- 13, 4/08) Chairman Greer announced that Kenneth Shanklin, attorney representing Carolina Marina and Yacht Club, has requested to address the Board concerning the proposed amendment to the Special Use Permit. Attorney Kenneth A. Shanklin requested the Commissioners to remand the petition back to the Planning Board to get a majority determination on the proposed amendment to Special Use Permit No. 13. The Planning Board voted 3 to 3 with one member being absent. He requested the Commissioners to remand the item back to the Planning Board for a vote of denial or approval. Furthermore, if the Commissioners do not grant the remand, he requested that the petition be withdrawn to be resubmitted. An environmental expert scheduled to give testimony was sick and unable to attend meeting. Attorney William A. Raney, Jr., representing David and Violet Ward, owners of the adjacent property, spoke in opposition to the remand stating that they were ready to proceed with the case. He believed that it would be unfair to the one Planning Board member to make the sole decision to approve or deny the request at this time. He requested the Commissioners deny the request to remand the item to the Planning Board and require the applicant to re-file the application if they wish. Planning Director Chris O?Keefe responded to concerns of the Board stating that the petitioner would be allowed to resubmit a new application for an amendment to Special Use Permit 13 if the request is withdrawn. Chairman Greer asked for direction from the Board. Hearing no motion to remand, Mr. Shanklin withdrew the petition to modify the existing Special Use Permit for the dry stack storage facility at Carolina Marina and Yacht Club. ADOPTION OF RESOLUTION APPROVING THE SALE OF THE NEW HANOVER COUNTY PARKS AND RECREATION BONDS Chairman Greer reported that the Board is to consider a Resolution to Approve the Issuance of General Obligation Parks and Recreation Bonds in the aggregate principal amount of $18,000,000. The bond issue is pursuant to a bond order adopted by the Board of County Commissioners on March 13, 2006, and a resolution adopted by the Board on May 5, 2008, to provide funds to pay capital costs of providing parks and recreation facilities. The issuance of the bonds and the contracting of the indebtedness evidenced thereby have been approved by a majority of the qualified voters of the County, voting at a special election held in the County on May 2, 2006. Chairman Greer requested a motion to adopt the resolution. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the resolution approving the sale of the New Hanover County Parks and Recreation Bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXI, Page 10.9. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE 2008 BOARD OF EQUALIZATION AND REVIEW Chairman Greer convened from Regular Session at 7:00 p.m. to hold a meeting of the New Hanover County 2008 Board of Equalization and Review. Chairman Greer reconvened to Regular Session at 7:10 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 7:11 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:16 p.m. NON-AGENDA ITEMS Chairman Greer 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. ADJOURNMENT There being no further business, Chairman Greer requested a motion to adjourn the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, MAY 5, 2008 PAGE 366 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 7:17 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board