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2010-02-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 747 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 2010, 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 Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.: Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr., County Attorney° Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Mark Powell, Saint Andrew's On The Sound Episcopal Church,gave the invocation. Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Regular Session meeting held on January 19,2010 Budget Work Session held on January 19,2010 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax Department The Commissioners accepted the following Tax Collection Reports as of December 31,2009. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIII,Page 3.1. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-030-Library 10-145 - Social Services 10-146- Social Services 10-148- Sheriffs Office 10-149-Budget 10-151 -Health Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book VIII,Page 3.2. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION HONORING MAJOR GENERAL JOSEPH A.MCNEIL Vice-Chairman Barfield presented the request for the Board's consideration to recognize Major General Joseph A. McNeil. On February 1, 1960, Joseph McNeil and three other A&T University students made a choice to seek service at a Woolworth's lunch counter in Greensboro,NC. Their action was a catalyst for the civil rights sit-in movement. Joseph McNeil continued to serve his country in the United States Air Force,retiring in 2001 as a Major General. Today is the fiftieth anniversary of Major General McNeil's courageous action which was instrumental in the civil rights movement. Vice-Chairman Barfield read the resolution into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 748 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution honoring Major General Joseph A.McNeil. Upon vote,the MOTION CARRIED UNANIMOUSLY. On behalf of Major General McNeil, his cousin and his wife, Henry and Jean McNeil, were present to accept the resolution and thanked the Board. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 3.3. ADOPTION OF RESOLUTION HONORING HANNAH SOLOMAN BLOCK Commissioner Davis presented the request for the Board's consideration to recognize Hannah Soloman Block reporting that Mrs. Block was a local civic leader for more than four decades, and an inspiration to many in the lower Cape Fear area. She was a friend of the arts,history and culture of New Hanover County. Mrs. Block died November 13, 2009 at the age of 96. She will be long remembered for her spirit of service to others. Commissioner Davis read the resolution into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield,to adopt the resolution honoring Hannah Soloman Block. Upon vote,the MOTION CARRIED UNANIMOUSLY. Mrs.Block's son,Frank,and his wife Wendy,were present to accept the resolution and thanked the Board. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 3.4. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY MALCOLM DEAN JOHNSON, ON BEHALF OF MALCOLM L. AND SHIRLEY S. JOHNSON, TO ALLOW A RESIDENTIAL USE WITHIN A B-1 COMMERCIAL ZONING DISTRICT LOCATED AT 2723 CASTLE HAYNE ROAD (5-598,1/10) Chairman Thompson opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe Malcolm Dean Johnson O.K.Pridgen Planning and Zoning Manager Jane Daughtridge presented the request by Malcolm Dean Johnson, on behalf of Malcolm L. and Shirley S. Johnson, for a Special Use Permit to allow a residential apartment over a beauty salon within a B-1 Commercial Zoning District located at 2723 Castle Hayne Road and presented a slide overview of the request. Mr. Johnson has changed the lower level into a beauty salon,which is a permitted use in a B-1 zoning district and in order to legitimize the separate residential apartment above the salon,a special use permit is needed. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that at the Planning Board meeting on January 7, 2010 meeting, they voted unanimously to recommend approval of the special use permit based on positive findings of fact as presented with no added conditions. No one spoke in opposition to the item. Staff also supports the request. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Attorney O.K. Pridgen presented the Petitioner's request stating that he was available to answer Board questions. In response to Board questions,Attorney Pridgen stated that the Petitioners agree with the Findings of Facts as presented by staff. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Malcom Dean Johnson for a special use permit to locate a residential apartment over a beauty salon within a B-1 Commercial Zoning District located at 2723 Castle Hayne Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 749 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. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 31.1. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY WITHERS & RAVENEL, ON BEHALF OF GORDON ROAD DEVELOPMENT PARTNERS, TO ALLOW A HIGH DENSITY 23 SINGLE-FAMILY RESIDENTIAL LOT DEVELOPMENT TO BE LOCATED AT 6469 GORDON ROAD IN A R-15 RESIDENTIAL ZONING DISTRICT(5-599,1/10) Chairman Thompson opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing, therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe Cindee Wolf Garry Pape Adam Sosne Roland Banks Planning and Zoning Manager Jane Daughtridge presented the request by Withers&Ravenel, on behalf of Gordon Road Development Partners,for a Special Use Permit to allow a high density 23 single-family residential lot development to be located at 6469 Gordon Road in an R-15 Residential Zoning District and presented a slide overview of the request. The current zoning allows the Petitioner,by right,to build fifteen single-family homes but is requesting an additional eight units. At the Planning Board meeting held on January 7, 2010, three adjacent property owners from the Farrington Farms subdivision expressed concern that the proposal has the potential to exacerbate existing traffic and stormwater problems. The property owners were also concerned that the proposed stormwater ponds pose safety concerns if not fenced and would reduce their property value if not buffered sufficiently with natural vegetation. One letter of opposition from an adjacent property owner was also received expressing similar concerns, as well as concern about the developer's use of the drainage easement to satisfy the Open Space requirement in the ordinance. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record stating that staff feels that the preliminary findings are generally positive with the exception of the negative finding on Gordon Road's traffic volume exceeding the capacity of the roadway. There are future plans for widening of Gordon Road between I-40 and Wood Sorrell Road. The widened roadway will include two travel lanes and a two-way left-turn lane but even with the improvements the Metropolitan Planning Organization reports that the Level of Service will remain at a Level F. Staff has contacted the New Hanover County Schools System with a response from Assistant Superintendent for Planning, Technology, and Operations Bill Hance stating that any further development will further exasperate the traffic problems. Due to the concerns raised, the Planning Board voted 4-3 to recommend denial of the special use permit based on current traffic volumes,which exceed the design capacity of Gordon Road. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. Adam Sosne, Petitioner, introduced Cindee Wolf, with Withers & Ravenel, and requested Ms. Wolf to make the presentation on their behalf. Cindee Wolf, with Withers&Ravenel and on behalf of the Petitioner,presented an overview of the project stating that by-right fifteen residential lots can be developed without any rezoning. The special use permit request is to allow the development of eight additional units for a total of twenty-three single-family home lots. Minimum lot size is 6000 square feet and construction of three-bedroom residences is assumed with recreation areas. NCDOT has confirmed that the roadway project widening Gordon Road to three lanes is funded with the contract being awarded in January 2011 and construction to begin in March 2011. The traffic impact with the additional eight units is negligible with the Petitioner not seeking maximum density. The proposed project is in harmony with the general area and the Petitioner agrees with the suggested conditions. In response to Board questions concerning traffic counts, Ms. Wolf clarified that the additional eight units would generate approximately 77 additional trips per day and approximately 20 additional peak hour trips per day. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Roland Banks,resident of Farrington Farms subdivision, stated that he is not in favor of the additional eight units voicing his concern with the volume of traffic on Gordon Road and on-going drainage and stormwater problems. He spoke in favor of fencing surrounding the retention pond and the vegetative buffer. Chairman Thompson asked for rebuttal comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 750 In rebuttal comments,Ms. Wolf clarified that Farrington Farms has a history of stormwater problems. The current stormwater regulations will resolve some of the older issues as well as the proposed project is downstream from Farrington Farms and will not exasperate their drainage problems. The Petitioner is willing to add the condition that if the special use permit is granted the additional eight units will not be developed until after Gordon Road has been widened between Market Street and I-40. There being no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Vice-Chairman Barfield and Commissioner Caster agreed that the condition offered by the Petitioner to delay the development of the additional eight units until the Gordon Road roadway improvements were completed from Market Street to I-40 made the project more agreeable since the Petitioner, by-right, can proceed with developing the fifteen units. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the request by Withers & Ravenel, on behalf of Gordon Road Development Partners, to allow a high density 23 single-family residential lot development to be located at 6469 Gordon Road in an R-15 Residential Zoning District based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3)the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1)a minimum five foot high security fence around the sides and back of the stormwater pond adjacent to the Farrington Farms subdivision; 2)a ten foot buffer yard consisting of existing vegetation along the security fence to the property line; and 3)any units above the (by-right)allotted fifteen cannot be built or improved upon until the Gordon Road roadway improvements are completed from Market Street to I-40. Upon vote, the MOTION CARRIED 3 TO 2. Commissioners Greer and Davis voted in opposition. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 31.2. ADOPTION OF RESOLUTION TO ABANDON FROM STATE MAINTENANCE A PORTION OF TERMINAL ROAD SOUTH Principal Development Planner Sam Burgess reported that Terminal Road Property,LCC has petitioned the North Carolina Department of Transportation to abandon State maintenance of a portion of Terminal Road South (SR 2134) and presented a slide overview of the request. In accordance with NCGS 136-63,NCDOT requires that the Board of County Commissioners adopt a road resolution prior to considering abandonment of any State maintained road. The portion of Terminal Road South proposed to be abandoned from State maintenance is approximately 1,343 feet north from the intersection of Parsley Street and US Highway 421 North, east side of US Highway 421 North. The segment of road to be abandoned is approximately 277 feet in length and contains a 100- foot right-of-way. Terminal Road Properties,LLC have indicated that their property has become a haven for illegally dumped trash since the road is rarely used by vehicular traffic. To minimize this risk,the Petitioner is considering erecting a gate at the southern entrance to their property. Staff is requesting the Board consider adopting the resolution to abandon a portion of Terminal Road and direct staff to forward it to the North Carolina Department of Transportation for their consideration. After a brief discussion Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the resolution requesting the North Carolina Board of Transportation consider abandoning State maintenance of a portion of Terminal Road South(SR 2134)in favor of private maintenance of that segment 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 XXXIII,Page 3.5. ACCEPTANCE OF FINAL REPORT OF FIRE SERVICE DISTRICT MASTER PLAN AND DIRECTION TO STAFF Emergency Services Consulting International representative Kent Greene presented the final report of the Fire Service District Master Plan and evaluation of findings. The purpose of the study was to review and analyze current deployment and practices of fire department resources within unincorporated New Hanover County, and to assess future needs specific to resource deployment and staffing based on development throughout the area. The fire protection services are provided throughout the County by New Hanover County Fire Services, Castle Hayne Volunteer Fire and Rescue,Federal Point Volunteer Fire Department,Myrtle Grove Volunteer Fire Department, and Wrightsboro Volunteer Fire and Rescue. Each agency was evaluated individually during the course of the study as well as in aggregate form. The following three strategies were developed for future deployment of resources, independent of any NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 751 further cooperative effort between New Hanover County and the remaining four volunteer fire departments: • Strategy A: Current Deployment Modified Performance Measure • Strategy B: Additional Stations in North and South Side Areas • Strategy C: Tiered Response Time In regards to enhanced cooperative efforts, there are four basic strategies available, beginning with a do- nothing approach and ending with complete unification of the fire departments into New Hanover County Fire Services as follows: • Autonomy—continuing as separate organizations. • Functional Consolidation— coming together in a functional manner such as through combined training to improve efficiency and reduce redundancy between the organizations. • Operational Consolidation — coming together to form a single organizational structure while preserving individual and separate governing bodies. • Legal Unification — dissolution of one or more of the existing organizations in favor of forming a new consolidated agency. Findings and recommendations: • The fire departments serving New Hanover County are interdependent • The fire departments value customer service • The fire departments meet the public's service expectation • Volunteers play a critical role in the provision of fire protection to New Hanover County • Other organizations should be considered in any partnership initiatives • New Hanover County is geographically diverse and unique • New Hanover County is politically diverse • Policymakers should work with the fire departments to develop a plan to implement partnership opportunities • Many opportunities exist to save cost • Operational consolidation of the fire departments into a single special organization is feasible • All other cooperative opportunities are feasible In closing, Mr. Greene stated that he hoped New Hanover County will promptly and systematically implement as many of the feasible cooperative opportunities as possible. After brief discussion Chairman Thompson requested direction from the Board. In response to Board questions, County Manager Shell clarified that the Board is being requested to accept the Fire Service District Master Plan and direct staff to evaluate the recommendations and bring back a recommendation to the Board for future consideration. Chairman Thompson stated that as the Commissioner Representative on the Fire Services Board, public input will be solicited and assessed before a recommendation is brought before the Board for consideration. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to accept the Fire Service District Master Plan as presented and to direct staff to evaluate the recommendations and bring back a recommendation to the Board for consideration. Upon vote,the MOTION CARRIED UNANIMOUSLY. A complete copy of the Fire Service District Master Plan is available for review in the Fire Services Department. NON-AGENDA ITEMS Chairman Thompson 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. Kayne Darrell, Citizens Against Titan, spoke in opposition to the location of Titan Cement in the Castle Hayne area citing air and water quality concerns. She presented the Board with a petition of approximately 5,700 names and requested the Board adopt resolutions asking Governor Perdue to direct the North Carolina Department of Environment and Natural Resources not to issue any permits until the courts rule whether State Environmental Policy Act (SEPA) applies and until the North Carolina State Bureau of Investigation has completed its investigation. Lloyd Smith, co—founder of the Cape Fear Economic Development Council, spoke on the need to hold projects coming to New Hanover County to the highest environmental standards and not award tax incentives until after the appropriate permits are in place. He requested the Board request Governor Perdue to make sure that SEPA is applied to the Titan project and,as appropriate,apply SEPA to all future projects receiving tax incentives. Kim Shovlin, Citizens Against Titan, spoke in opposition to the location of Titan Cement in New Hanover County citing health, air and water quality concerns also stating that the project may have a negative impact on tourism. She asked the Board to request DENR not to issue any permits until the courts decide whether SEPA applies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,FEBRUARY 1,2010 PAGE 752 Buck O'Shields voiced his concern about the Board's decision to delay moving forward with New Hanover County's environmental management program and encouraged the Board to solicit public input before such decisions are made. He also encouraged the Board to fund WASTEC so that it can operate at more than the current 34%efficiency for the current fiscal year. Dr. David Hill stated that he is an Executive Committee member of the North Carolina Pediatric Society reporting that they have taken an official stand against the Titan Cement plant location due to the impact on children's health caused by the negative impact to water and air quality. He urged the Board take the cost into account. Joel Bourne voiced his concern about the impact the location of Titan Cement will have on air and water quality requesting the Board contact the Governor and request that the State Bureau of Investigation complete their investigation before any permits are issued. He also requested the Board revoke the tax incentive for Titan. ADDITIONAL AGENDA ITEMS TIME WARNER CABLE CHANNEL CHANGES Public Information Officer Mark Boyer reported that Time Warner Cable has recently removed channel 4 from viewing and that they are in the process of changing the format of that channel. The County does not have any jurisdiction over these changes. It is the understanding of staff that local churches that have previously used this channel at no charge will be charged going forward. The County will continue to only broadcast on Time Warner Cable channel 13. ADOPTION OF RESOLUTION OPPOSING ANY ACTION THAT IMPACTS LOCAL GOVERNMENTS' ABILITY TO LEVY TAXES ON ROOMS THAT ARE MARKETED THROUGH ONLINE TRAVEL COMPANIES Commissioner Greer reported that the United States Senate is considering language in its "jobs" bill to exempt online travel companies from collecting local occupancy taxes, potentially leading to eliminating all room occupancy taxes on room rental bookings. For New Hanover County, the loss of Room Occupancy Tax funds will potentially impact beach renourishment and tourism advertising and marketing. Commissioner Greer read the resolution into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Chairman Thompson, to adopt the resolution opposing any action that impacts local governments' ability to levy taxes on rooms that are marketed through online travel companies. 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 XXXIII,Page 3.6. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 8:16 p.m. Respectfully submitted, Sheila.L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.