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2011-03-14 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 143 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 14, 2011, at 3:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. Chairman Barfield called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Gary E.Blazer,Believers Destiny Church,provided the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes as presented by the Clerk to the Board. Special Meeting held on February 15, 2011 Agenda Review meeting held on February 17, 2011 Work Session held on February 21,2011 Regular Session meeting held on February 21,2011 Acknowledgement of Claim Settlement—Legal Department The Commissioners acknowledged that the North Carolina Association of County Commissioners Liability and Property Pool settled a bodily injury claim on February 22, 2011 in the amount of$3,500 for a minor child that was injured at Hugh MacRae Park. A copy of the settlement is available for review in the Legal Department. Review of Preliminary Draft of the Community Services Block Grant Application to be Submitted on Behalf of New Hanover County Community Action,Inc.—County Manager's Office The Commissioners, at the request of New Hanover County Community Action, Inc., reviewed the preliminary draft of the Community Services Block Grant application. Local County Commissioners for each County served are required to review the application. Approval of Request for Quotation to the US Consumer Product Safety Commission to Fund Public Pool Inspections in FY 11-12—Health Department The Commissioners authorized the Health Department to submit a Request for Quotation to the US Consumer Product Safety Commission for reimbursement for inspections of public pools, spas and hot tubs during FY 2011-2012 in the amount of $40,000. No local match is required. If awarded, the funds will be used as reimbursement for inspections that would have occurred as a normal part of the public pool inspection program. Approval of Changes to Personnel Policy—Human Resources The Commissioners approved the following changes to the Personnel Policy: • Article 6 - Conditions of Employment— Section 6.1, Workweek—The addition of a paragraph stating that department heads have discretion to allow flexible work schedules. • Article 6 - Conditions of Employment— Sections 6.13, 6.13.1, and 6.13.2 — The change includes all tobacco products are prohibited in County-owned buildings,vehicles, or in restricted areas. • Article 7 - Leave Policies — Sections 7.10 and 7.10.1 (administrative leave) — The change provides clarification of employees eligible for administrative leave when declared by the County Manager. • Article 8 - Performance, Discipline — Section 8.2.2 —Failure in Performance of Duties — The change adds to the list of causes of"failure in performance of duties" failure to report motor vehicle or DWI charges/convictions. • Article 10 - Employee Benefits — Section 10.2, Retirement Benefits — The change allows all regular employees to enroll in the retirement system effective on their hire date. A copy of the Personnel Policy is available for review in the Human Resources Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 144 Adoption of a Resolution Supporting Corridor Preservation for the Future Hampstead Bypass — Planning Department The Commissioners, at the request of the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee, adopted the resolution supporting corridor preservation for the future Hampstead Bypass (8- 3300)with the preferred E-H alignment. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.1. Acceptance of 2010 Grant Award from the Bureau of Justice Assistance and Adoption of Budget Ordinance Amendment 11-179—Sheriffs Office The Commissioners, on behalf of the Sheriff's Office, accepted grant funds from the Bureau of Justice Assistance in the amount of $11,694 and adopted Budget Ordinance Amendment 11-179; General Fund Contingency funds will be used to satisfy the local match of $11,694. The funds will be used to purchase bulletproof vests. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.2. Acceptance of 2008 Grant Award from the Port Security Grant Program and Adoption of Budget Ordinance Amendment 11-190—Sheriffs Office The Commissioners, on behalf of the Sheriffs Office, accepted grant funds from the Port Security Grant Program in the amount of$12,866 and adopted Budget Ordinance Amendment 11-190. The funds will be used for instruction to expand the level of training offered to include Emergency Rescue Diver International I and II certification and Full Face Mask certification. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.3. Adoption of Resolution Approving the Contract with Trinity Food Services—Sheriffs Office The Commissioners adopted the resolution approving the contract with Trinity Food Services in the amount of$0.94 per meal for preparing and serving food for inmates and administrative staff at the County's Detention Facility. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.4. A copy of the contract is available for review in the Legal Department. Acceptance of 2008 Grant Award from the Port Security Grant Program and Adoption of Budget Ordinance Amendment 11-188—Sheriffs Office The Commissioners, on behalf of the Sheriffs Office, accepted grant funds from the Port Security Grant Program in the amount of$109,770 and adopted Budget Ordinance Amendment 11-188. The funds will be used to purchase a submersible robot. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.5. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2011: 11-174-Parks, Gardens, Senior Resource Center 11-178- Social Services 11-185 -Health 11-186-Health 11-187-Health 2011-37- Sheriff's Office 2011-38- Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIV,Page 4.6. REGULAR ITEMS OF BUSINESS CONSIDERATION OF RESOLUTION SUPPORTING THE CURRENT NORTH CAROLINA PUBLIC ALCOHOLIC BEVERAGE CONTROL SYSTEM AND MOTION TO TABLE ITEM FOR A PERIOD OF THIRTY DAYS New Hanover County Alcoholic Beverage Control Board Chairman Tom Wolfe presented the request for the Board's consideration to adopt the resolution supporting the current North Carolina Public Alcoholic Beverage Control System and opposing any efforts to privatize the ABC system,diminish local control or to diminish the local government revenues from local ABC store profits. New Hanover County currently ranks 6t'in sales for the State NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 145 and of the$33 million collected annually for sales they have distributed$3 million to the County and municipalities; of which approximately $1.8 million went to the County. Current real estate of the New Hanover County ABC Board is valued at approximately$13 million. After a brief question and answer period, Chairman Barfield requested direction from the Board. The Board held a discussion concerning the need for a resolution at this time when the Governor has stated her opposition to the privatization proposal and the need to work closely with our Local Legislative Delegation on any new proposals that might arise in the future. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger,to table the consideration of the Resolution supporting the current North Carolina Public Alcoholic Beverage Control System for ninety days, or sooner,to allow time for discussion with the Local Legislative Delegation. Amended Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to table the consideration of the Resolution supporting the current North Carolina Public Alcoholic Beverage Control System for no more than thirty days to allow time for discussion with the Local Legislative Delegation. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. ADOPTION OF PROCLAMATION RECOGNIZING THE NORTH CAROLINA BLACK FILM FESTIVAL SCHEDULED FOR MARCH 24-27,2011 IN NEW HANOVER COUNTY Rhonda Bellamy, Director of the Film Festival, has requested the Board recognize the North Carolina Black Film Festival which will be held in New Hanover County on March 24-27, 2011 and was present to receive the proclamation. Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing the North Carolina Black Film Festival which is scheduled to be held in New Hanover County on March 24-27,2011. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.7. ACCEPTANCE OF DONATION BY THE MINISTERIAL ROUNDTABLE TO THE FAITH COMMUNITY FUND AT THE DEPARTMENT OF SOCIAL SERVICES Community Affairs Specialist Carl Byrd and Ministerial Roundtable member Father Elliott presented the request for the Board's consideration to accept the donation in the amount of$1,025, on behalf of the Department of Social Services Faith Community Fund. The funds are used to assist low income families with heating and were collected at a recent Martin Luther King, Jr. Interfaith Church Service. On behalf of the Department of Social Services, Director LaVaughn Nesmith requested the Board accept the donation. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to accept the donation in the amount of $1,025 from the Ministerial Roundtable to the Faith Community Fund at the Department of Social Services to assist low income families with heating. Upon vote,the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Barfield called for a break from 3:46 p.m.until 4:00 p.m. DENIAL OF FUNDING TO ESTABLISH AN ARTS COUNCIL IN NEW HANOVER COUNTY Arts Council Steering Committee Members Philip Gerard and Rhonda Bellamy presented the request for the Board's consideration to contribute $50,000 annually, for five years, to establish an Arts Council in New Hanover County highlighting the following: • Economic driver for the County and region • Attracts and retains creative workers • Increase funding from local, state and national sources • Provides funding to sustain rich arts assets • Brands New Hanover County as an arts destination • Of North Carolina's ten largest cities,Wilmington is the only one without an arts council • An Arts Council will: • Double annual state and federal grant support for arts within three years. State grants to Wilmington arts organizations have leveraged$10 for every dollar awarded. • Increase private support for arts organizations. Arts councils in other NC cities raise $14 in the local community for every$1 appropriated by local government. • Attract and support arts events that generate additional tax revenue and tourism dollars. The economic impact of the Cucalorns Festival in New Hanover County is$5.5 million. • Best foundation is a three-part funding base of state government,local government and private support. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 146 • Government support creates stability and credibility to help leverage private dollars from the community. Seventy-six percent of the counties with arts councils receive financial support from county government. • The City of Wilmington is also considering the allocation of funds but is contingent on New Hanover County also contributing funds. Kevin Hicks with RBC Bank, Charles Baldwin with Rountree, Losee and Baldwin, LLP, and Raiford Trask,President of Trask Land Company spoke in favor of the request to establish an Arts Council in New Hanover County highlighting the economic benefits to the County and the opportunity for private/public partnership. Ilse Henagan,President of the Council of Neighborhood Associations,Inc.,read into the record a resolution supporting the establishment of an Arts Council in New Hanover County by the organization. In response to Board questions, North Carolina Arts Council Deputy Director Nancy Trovillion addressed concerns about the proposed budget and that the State organization would like to see a commitment from the local government before State funds are committed. Chairman Barfield requested direction from the Board. Commissioner Davis stated his support of the Arts but voiced his concern about the request for a multi-year distribution with no guarantee of commitment from the State for funding. He stated that he was confident that private funding could be obtained. He encouraged the steering committee to bring the funding request to the Board during the regular process for funding of outside agencies. Commissioner Catlin stated his support of the Arts and that he currently serves on the Boards for the Wilmington Symphony and Bellamy Mansion but cannot support allocating taxpayer dollars to fund the request and encouraged the steering committee to seek private, individual and corporate funds. He suggested the option of using a portion of Room Occupancy Tax be explored. Vice-Chairman Thompson received clarification that the proceeds of the sale of the Brooklyn Arts Center will be managed by the Arts Council and that they are entitled to receive part of the endowment up to $210,000 based on the sale price and free office space. He voiced his concern using taxpayer funds at both the State and local levels. Commissioner Berger voiced his concern of approving the allocation of taxpayer funds before the Board has a strategic plan in place and with no specific business plan included in the proposal. Chairman Barfield stated that as one of the steering committee members he understands and supports the importance of establishing an Arts Council and the economic benefit it can have to the community but is unsure that it is a governmental function to fund an Arts Council and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to accept the presentation and consider the funding request through the regular budget process on establishing an Arts Council in New Hanover County. After brief discussion on impending deadlines and the need for clear direction, Vice-Chairman Thompson and Commissioner Berger withdrew their motion. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to deny the funding request of $50,000 annually, for five year, to establish an Arts Council in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. CAPE FEAR MUSEUM ADVISORY BOARD ANNUAL UPDATE Cape Fear Museum Advisory Board Chairman Dean R. Gattone presented the annual update highlighting that it is the vision of the Museum Advisory Board, the Board of Cape Fear Museum Associates, volunteers, and staff that the Museum be an essential contributor to the quality of life, education, preservation, and economic development of the community. The Museum has experienced a 27%increase in visitation over the past five years; consistently excellent evaluations from program participants; and success in awards for grants and sponsorships, including three Institute for Museum & Library Services grants since 2003. The museum received re-accreditation from the American Association of Museums. The Museum has seen operating funds decline over the past five years. The New Hanover County contribution to operating has declined by 34%; operating funds were sacrificed in order to protect personnel. In closing, although the future funding remains uncertain, the Museum Board and Staff are committed to providing innovative services. NEW HANOVER COUNTY YOUTH EMPOWERMENT SERVICES ADVISORY BOARD ANNUAL UPDATE New Hanover County Youth Empowerment Services Advisory Board Chairman William R. Trant presented the annual update highlighting that the purpose of the Board is to support the Youth Empowerment Services Department and focus on issues related to services concerning youth and to promote communication and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 147 collaboration among the general public, other agencies, stakeholders, and New Hanover County departments and to advise on matters of community interest. BREAK Chairman Barfield called for abreak from 5:30 p.m.until 5:48 p.m. CAPE FEAR PUBLIC UTILITY AUTHORITY UPDATE Cape Fear Public Utility Authority CEO Matt Jordan presented the following update: • Capital Improvement Projects: • Work sessions began in August 2010 • A ten year CIP was considered • Continuing and future system needs considered • $37 million in previously obligated projects • Recommended$28 million in FY12 projects • Independent of rate increase needed to cover$6 million debt payment increase • Sweeney Water Treatment Plant: • Work sessions began in August 2010 • A ten year CIP was considered • Continuing and future system needs considered • $37 million in previously obligated projects • Recommended$28 million in FY12 projects • 421 Wastewater Treatment Plant: • Partnership of CFPUA,New Hanover County and Pender County • Retains Discharge Permit • Provides development opportunity and environmental stewardship along key corridor • Southside Wastewater Treatment Plant: • Project is in design • Construction funding in FY14 ($79 million, 4 years) • Improved processes • Expanded capacity to 16 million gallons per day • Other Notable Capital Improvement Projects: • Northeast Interceptor Rehabilitation • Northern FM—construction underway • Downtown Water& Sewer Rehab • Overall System Rehab—Inflow and Infiltration;Find it Fix it Director of Engineering Frank Styers presented the following information concerning the Capacity Management Program: • Capacity Allocation: • 141 Pump Stations • 15 over design capacity • FY2012 Capital Improvement Projects: • Motts Creek Pump Station • Barnards Creek Pump Station • Country Haven Pump Station In closing, the Authority is committed to actively tracking pump station capacity and flow; identify cost sharing opportunities with the County, City of Wilmington or development community, and program improvements through the Capital Improvement Projects. Commissioner Catlin shared the good news that the Lower Cape Fear Water and Sewer Authority met and voted to defer their capital improvement contribution so as not to require an increase in the fees for supplying raw water. In response to Board questions on the rate structure and increases, Mr. Jordan reported that when the Authority was formed, an inclining block rate structure was approved. The rate increases are needed to address infrastructure needs, declining water sales, negative growth, and increasing debt responsibilities. Operating costs have not increased and staff is constantly reviewing the Capital Improvement Projects to address the change in the economy and capacity needs. It is a future hope that as demand increases and debt responsibilities decrease, water and sewer rates will also decrease. In response to Board questions, Mr. Jordan clarified that currently the water and sewer projects for the Wrightsboro area are not included in approved funding but staff continues to looks for ways to fund them based on how the Authority Board wishes to grow the system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 148 APPROVAL OF CONTRACT WITH URS FOR SULFUR DIOXIDE AIR QUALITY MONITORING AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-196 Long Range Planning Manager Shawn Ralston presented the request for the Board's consideration to contract with URS to conduct sulfur dioxide air quality monitoring at additional locations in New Hanover County in the amount of$54,027.54 providing a brief background of the issue. In June 2010, the Environmental Protection Agency (EPA) announced that the National Ambient Air Quality Standard for Sulfur Dioxide (S02)was being strengthened from the previous standard of 140 ppb measured over 24 hours, to a new standard of 75 ppb measured over one hour. The EPA also announced that it would be looking at S02 data monitored from 2007-2009 to determine whether communities are in compliance with this new standard. If monitoring data shows S02 levels above the new standard, then EPA will designate the community as non-attainment for 502. The North Carolina Division of Air Quality (NCDAQ) operates and maintains an S02 ambient monitor in the northwestern portion of the County on US Highway 421. Data collected from that monitor from 2007-2009 indicates a violation of EPA's revised S02 standard. As a result of this violation, NCDAQ is required to submit a recommendation to EPA in June 2011 recommending a geographic area surrounding the monitor for the non- attainment designation. The EPA's preferred method of determining the geographic boundary for a non-attainment area is to designate boundaries based on single or multiple county lines. However, some communities have been able to limit non-attainment designations to township lines if sufficient data exists to support a limited designation. The following EPA timeline is in effect: • June 2011—The Governor will make boundary recommendations to the EPA • June 2012—The EPA will make final non-attainment designations • June 2013—the State implementation plans are due to EPA • June 2017— all non-attainment areas must be in attainment status At the Board's direction, Staff received bids from three qualified contractors for air quality monitoring services and is proposing to contract with URS to conduct additional S02 monitoring at locations. The purpose of the additional monitoring will be to provide data to NCDAQ to make a case for limiting the size of the potential non-attainment area. In response to Board questions, Sean Coury with URS, clarified the monitoring station locations were chosen with the intent to include the port area. In response to Board questions, Commissioner Catlin reported that the nonattainment designation will cause the County to have a difficult time attracting any new businesses and creating jobs; it also could have a negative impact on our bond rating,tourism and property values. The designation lasts a long time,perhaps to 2020 and beyond that time, for monitoring. The proposed additional monitoring may help give the Governor the information she needs to recommend a smaller non-attainment area and also help alleviate citizens concerns about their health. There are twenty-two S02 emitters and he has met with twenty of them to see what they are willing to do to decrease the emissions and he is also working with staff on changes to the Industrial I-2 Zoning Ordinance. In response to Board questions, Mr. Coury reported that he could not make any guarantees that the additional monitoring will cause the EPA to minimize the area of non-attainment but the data could help the Governor in her recommendations to the EPA. In response to Board questions, County Manager Bruce Shell reported that he is working with Wilmington Industrial Development President Scott Satterfield to contact the business community to assess their willingness to contribute to the cost of the additional monitoring. After brief discussion concerning the need to do whatever possible to minimize the potential non- attainment area, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve contracting with URS for sulfur dioxide air quality monitoring in the amount of$54,027.54 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt Budget Ordinance Amendment 11-196 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 4.8. BREAK Chairman Barfield called for a break from 6:51 p.m.until 7:12 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 149 PUBLIC HEARING AND DENIAL OF REZONING REQUEST BY THOMAS H. JOHNSON WITH NEXSEN PRUET, AND RYAN FOSTER WITH FLOURNOY DEVELOPMENT, ON BEHALF OF BAYSHORE ESTATES,INC,TO REZONE 26.10 ACRES OF PROPERTY LOCATED AT 7910 MARKET STREET FROM B-2 COMMERCIAL DISTRICT AND R-15 RESIDENTIAL DISTRICT TO CD (R-15) CONDITIONAL DISTRICT FOR THE PURPOSE OF DEVELOPING A HIGH DENSITY 260-UNIT APARTMENT COMPLEX(Z-908,11/10) Chairman Barfield 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 Ryan Foster Tom Flournoy Jeremy Brewer Jack Reel Jeff Ingham Tom Johnson Bill Cameron Mort Levine Geraldine Storch Lois Dixon Charlene Leister Derek Matthews Thane Boysen Brenda Rock Tina Stancill Susan Bachmann Mary Hannenstein Chairman Barfield requested a motion to open the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to open the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Senior Planner Jane Daughtridge reported that Thomas H. Johnson, Jr. with Nexsen Prnet,and Ryan Foster with Flournoy Development, on behalf of Bayshore Estates,Inc.,are requesting to rezone approximately 26.10 acres of property located at 7910 Market Street from B-2 Commercial District and R-15 Residential District to CD (R-15) Conditional District for the purpose of developing a high density 260-unit apartment complex and presented a slide overview of the request. The County Commissioners continued this item from their December 6, 2010 meeting in order to provide the applicant the opportunity to address concerns of the adjacent property owners and Board. On February 15, 2011 concerns were addressed with the submission of an updated High Density Development Concept Plan. Concessions addressed in the revision include: 1. A reduction in the overall number of units from 270 to 260, with the decrease of Building 11 from a three story to a two story structure. 2. Removal of a storm water pond between Marymount and Building 11 and the preservation of existing trees. 3. Increasing the setback of Building 11 five more feet from the property line. 4. Reducing the parking lot size, with the removal of 10 parking spaces, originally allocated for the 10 units on the third story of Building 11. 5. Relocating the trash compactor, minimizing the effects on adjacent Marsh Oaks and Marymount Townhome residents. 6. Commitment on behalf of the developer to construct improvements to Market Street,as outlined by the MPO and DOT. 7. Installation of a five foot sidewalk along the property frontage on Market Street. 8. Removal of twenty feet, contiguous to the boundary of the commercial properties, from the rezoning request. Reducing the total acreage of the proposal from 26.6 to 26.10 acres. The property removed from the proposal will remain as a buffer between the project and the adjacent commercial zoning. Staff supports the rezoning portion of the request because changing the strip of B-2 commercial to R-15 residential use is not in conflict with County land use policies and because the additional acreage is needed in that location to provide adequate access to Market Street with the least impact to wetlands and to Marsh Oaks Drive for important secondary access. Staff feels the special use findings for high density residential use are positive subject to final approval by the Technical Review Committee and subject to installation of all traffic improvements outlined in the November 12, 2010 letter of approval for the Traffic Impact Analysis. The improvements are designed to mitigate the impacts NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 150 of additional traffic in the area and will be consistent with existing plans for improvements along Market Street. The proposal meets the technical standards for high density of 10.2 units per acre in an R-15 zoning district situated in a Transition land classification. Buffers on the concept plan are designed to mitigate visual impacts on adjoining properties and are consistent with the ordinances. Chairman Barfield requested the Petitioner make their presentation. Tom Johnson, Attorney for the Petitioner, presented an overview of the process used to address the concerns of the residents which included relocating the trash compactor, increasing the tree save area by 40 feet, removal of the storm water basin,reduction of building 11 by one story which eliminates ten units and the removal of the associated parking area. Marymount is a multi-family subdivision as is the proposed project. Based on data provided by NCDOT on February 2, 2011,the capacity of Market Street is 43,700 and using 2008 base year traffic count projections with the Military Cutoff extension volume will decrease from 42,400 to 40,000 in 2020 with the Military Cutoff Extension; in 2035 with the Military Cutoff Extension and Hampstead Bypass traffic volume will be at 41,200; which is below capacity. The requested zoning is down-zoning than what is currently approved by-right and reduces the traffic counts down from 6,648 to 1,700 average trips per day. With the approval of the project the County will benefit economically from the substantial investment and increase in the tax base, the furthering of the Market Street Corridor Plan and meets the required findings of facts. Additional concessions include additional privacy fencing, no monument signage on Marsh Oaks Drive, increased size of plantings and additional buffer along Marymount. In response to Board questions, Mr. Johnson confirmed that they do have preliminary approval from the lender for the project which is a guaranteed FHA loan program. Jack Reel, Thomas and Hutton, addressed the elimination of the storm water basin on the revised plan reporting that as development on the plan progressed it was determined that the basin would not ultimately be needed and the area was replaced with additional vegetation; but all State and County permit requirements will be met for storm water retention. In response to Board questions,Planning Director Chris O'Keefe reported that staff is comfortable with the elimination of the basin;what the Petitioner is proposing goes beyond the County's requirement for opacity. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Mort Levine, Monarch Drive, voiced his opposition to the rezoning request citing traffic and safety concerns. He requested the Board deny the request. Geraldine Storch, 7817 Marymount Drive, voiced her opposition to the rezoning request citing a potential drain on the County's infrastructure and the cost to provide the required water and sewer capacity. Donna Hudson,7745 Marymount Drive,presented a petition with twenty-five signatures of those residents opposed to the proposed project voicing her concern that the location and character of the project is not in harmony with the area. Lois Dixon, 404 Marsh Oaks Drive, voiced her concern on the proposed high-density project citing traffic capacity and safety issues and the additional impact to the water and sewer infrastructure. Charlene Leister, 449 Marsh Oaks Drive,voiced her concern citing the differences of single family homes and apartment homes and the potential traffic impact and safety concerns; as well as concerns for the impact on water and sewer capacity infrastructure. Chairman Barfield reminded the audience that by right a portion of the property is zoned commercial and can be developed without further board approval;a shopping center would at least triple the number of average daily trips than the proposed project. In rebuttal comments addressing water and sewer capacity concerns, Attorney Johnson and Mr. Reel provided the Board with a copy of a letter dated September 17, 2010 from Cape Fear Public Utility Authority stating that water is available to serve the proposed development; addressing sewer allocation, the Country Haven Pump Station is currently being upgraded to provide sewer capacity to this area; the upgrades are scheduled to be completed in the summer of 2011. In rebuttal comments addressing traffic and property value concerns, Attorney Johnson reiterated that more traffic will be generated if the property is developed by-right than the proposed residential project,the recommended roadway improvements are being done by the developer at their cost, and according to expert testimony from an appraiser, the proposed project will not injure the value of the adjoining properties. The retail component of the project has been removed to reduce traffic volume. In rebuttal comments for the opposition,Derek Matthews,President of Marymount Townhome Association and resident of 202 Hillard Court, voiced his concern with the proposed project requesting building 10 and 11 be eliminated completely from the proposed plan; no substantial reduction in units is proposed. Referencing an email NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 151 by Wilmington Metropolitan Planning Organization Associate Transportation Planner Tara Murphy to Jack Reel, he questioned why the Petitioner used traffic projections from 2008 when more current 2010 counts exist. In rebuttal comments for the opposition, Brenda Rock, 7706 Monarch Drive, voiced her concern that the proposed project will have a negative impact on her property value. Hearing no further comments, Chairman Barfield requested a motion to close the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to close the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board. In response to Board questions, Mr. Johnson confirmed that they did wish to proceed with the rezoning request and that they agree with the findings of facts as presented and any proposed conditions. Chairman Barfield reminded the Board that the motion to rezone should include a statement saying how the change is,or is not,consistent with the land use plan and why it is,or it is not,reasonable and in the public interest. In response to Board questions, Planning Director Chris O'Keefe confirmed that Country Haven does have preliminary approval for 200 lots by right. In response to Board questions concerning the accuracy of the traffic projections presented, Wilmington Metropolitan Planning Organization Director Mike Kozlosky presented an overview of the differences between the two different types of traffic count information that was provided by NCDOT to the Petitioner. The Petitioner based their numbers on a September 2009 traffic command model; more recent numbers that were presented by the opposition were from traffic counts collected in 2010 showing a traffic count of 50,742. In response to Board questions concerning the use of the most recent traffic count data, Attorney Johnson explained that the higher count includes the area further down Military Cutoff Road and does not include the impact from the proposed Military Cutoff Extension; when the Board approved the preservation of the corridor for the Military Cutoff Extension,they based their projections using that formula. In response to Board questions concerning the funding for Military Cutoff Extension, Mr. Kozlosky reported that the cost was initially estimated in the amount of$18.1 million with current actual cost now estimated in the amount of$68 million. With the increase in cost, this project will most likely be scaled backed or delayed or other projects will be delayed or cancelled. There is no guarantee that the project will get done,but he believes that it will get done, but does not know when and for what cost. The $50 million gap is due to some errors that were made in the estimate. Chairman Barfield voiced his concern that the Board has based decisions on recommendations that came from the Wilmington Metropolitan Planning Organization and NCDOT which are now found to be erroneous. NCDOT may now not have the funds to proceed with the corridor acquisitions for the extension or during the timeframe required, causing residents property to be held hostage. He stated that he does not want to make decisions based on bad and faulty information and needs to have confidence in the information given to the Board. In response to Board questions concerning the traffic count projected by the Petitioner, Director O'Keefe reported the counts presented by the Petitioner are reasonable. The proposed project will give some level of certainty of how much traffic will be added than if developed as zoned. Mr. Kozlosky confirmed that based on the information submitted by the Petitioner the estimates do indicate 6,648 average trips per day if developed as zoned; the proposed zoning projection of 1,700 average trips per day would equate to a reduction in the number of trips along this corridor. Chairman Barfield asked if there was a motion to approve the request to rezone 26.1 acres from R-15 and B-2 to Conditional District to accommodate high density residential development based on the following statement that the proposal is consistent with the Transition land classification in the 2006 CAMA Lane Use Plan and it is reasonable and in the public interest because public utilities are available to serve the site, the proposal avoids wetlands, storm water management improvements will be required, and transportation improvements will be installed to offset traffic impacts. Vice-Chairman Thompson stated that he is not willing to approve a high-density development on a road that is already over capacity. If the Board continues to allow rezoning to allow more traffic on over-capacity roads there will be no one to blame when the State tells the County to take over the roads and maintain them and offered the following motion. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to deny the request by Thomas H. Johnson, Jr. with Nexsen Pruet, and Ryan Foster with Flournoy Development, on behalf of Bayshore Estates, Inc., to rezone approximately 26.10 acres of property located at 7910 Market Street from B-2 Commercial District and R-15 Residential District to CD (R-15) Conditional District finding that if completed as proposed, the development would not be in harmony with the area in which it would be located due to increased traffic on a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 152 roadway with a service level of F. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Barfield and Commissioner Catlin voted in opposition. PUBLIC HEARING AND APPROVAL OF REQUEST BY NEW HANOVER COUNTY FIRE SERVICES FOR A SPECIAL USE PERMIT TO LOCATE A FIRE STATION IN AN R-15 ZONING DISTRICT ON APPROXIMATELY 0.8 ACRE OF PROPERTY LOCATED AT 6101 CAROLINA BEACH ROAD (S- 601,12/10) Chairman Barfield 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: Chris O'Keefe Nicole Dreibelbis Donnie Hall Matt Davis Frank Meyer Cindee Wolf Paul Mason Jim McDaniel Chris Coudriet Chairman Barfield requested a motion to open the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to open the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Planner Nicole Dreibelbis presented the request by New Hanover County Fire Services for a Special Use Permit to locate a fire station in an R-15 Zoning District on approximately 0.8 acre of property located at 6101 Carolina Beach Road from R-15 Residential to O&I Office and Institutional District and presented a slide overview of the request. The County owns the property of approximately 42 acres with future plans to develop a park on the site. The Planning Board, at their meeting on December 2, 2010, voted unanimously to recommend approval. Adjacent neighbors expressed concerns about additional traffic, environmental impacts, adequacy of the proposed facility, and property values. However, the primary topic of concern was the neighborhood understanding that a park bond was approved to include development of a park on this property. There was concern that the County would incrementally begin to use the property for other purposes and the park would not materialize. This item was delayed from the January Board meeting in order to allow some time for Fire Services to work with Parks, Gardens & Senior Resources to envision a potential concept for park development of the rest of the property. Staff supports the rezoning request. Chairman Barfield requested the Petitioner make their presentation. Fire Chief Donnie Hall presented an overview of the request highlighting that the Fire Services Master Plan identified areas where fire stations could be located to improve response time. Any future annexation will play a part in the timetable for construction. Cindee Wolf, Withers and Ravenel on behalf of the Petitioner, presented the proposed site plan highlighting that less than an acre will be used for the fire station from the park property and no significant trees will be removed. Parks, Gardens and Senior Center Director Jim McDaniel reported that the plans to develop the property as a park are still in place and will not be jeopardized by the location of the fire station. Other areas of the country have successfully implemented partnerships such as the proposed project finding that it has a positive impact on crime and vandalism. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. Paul Mason, 6217 Appomattox Drive, stated that he is not opposed to locating the fire station on the property but urged the Board to proceed with the development of the park. Chairman Barfield requested a motion to close the Public Hearing. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to close the Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield requested direction from the Board. Commissioner Catlin voiced his concern on setting a standard by denying one project based on traffic and not others. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 153 Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the request by New Hanover County Fire Services for a Special Use Permit to locate a fire station in an R-15 Zoning District on approximately 0.8 acre of property located at 6101 Carolina Beach 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 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 4 TO 1. Commissioner Catlin 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 35. DISCUSSION AND APPROVAL OF LEGISLATIVE GOALS Chairman Barfield presented for the Board's consideration the following legislative goals to be submitted to our local legislative delegation: • Motor Vehicle Impoundment— Vice-Chairman Thompson voluntarily removed this item based on advice he has received,that it cannot be done. • Election of Chairman of Board of Commissioners — Vice-Chairman Thompson voluntarily removed this item from discussion because it requires a local act and does not need to be sent to the General Assembly. • Term Limits for County Commissioners—After brief discussion,the Board approved the following motion: Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson,to adopt the resolution concerning limiting the terms of County Commissioners to no more than three,four-year terms. Upon vote, the MOTION CARRIED UNANIMOUSLY. • Amendment for Removal of Airport Authority Board Members and New Hanover County ABC Board Members — The Board discussed these items together and after brief discussion approved the following motion: Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Thompson,to approve the Amendment for Removal of Airport Authority and NHC ABC Board members to reflect the following: "A member of the Airport Authority/New Hanover County ABC Board shall serve at the pleasure of the New Hanover County Board of Commissioners and may be removed, without cause,by a majority of the Board of Commissioners". Upon vote,the MOTION CARRIED UNANIMOUSLY. • Amendment of the Authority of Boards of Commissioners in Certain Counties over Commissioners, Boards, Agencies— After brief discussion the Board approved the following motion: Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve a Local Act to Amend the Authority of Boards of Commissioners in Certain Counties over Commissions, Boards, and Agencies to reflect the following: "G.S. 153A-77(f) is amended by deleting the figure "425,000" and substituting in lieu thereof,the figure"200,000". Upon vote,the MOTION CARRIED UNANIMOUSLY. • Modify School Budget and Fiscal Control Act — Vice-Chairman Thompson addressed the audience informing that the proposed Bill has nothing to do with neighborhood schools. The Act being considered gives the County some authority over discretionary funding that is provided to our local school system and has nothing to do with federal and state mandated funding of our schools. Chairman Barfield stated that the proposed Act has to do with being good stewards of taxpayer dollars as well as facilities and assets that are not being utilized. The oversight proposed will be for the dollars given in excess of the mandated amount. Moving forward, a level of accountability is needed. His goal is not to act on the proposal today but to meet with the complete school board,and Superintendent,with the goal of sitting down and discussing how going forward,the process can be more open and result in better stewardship of assets. Staff was directed to send the approved legislative goals to our Local Legislative Delegation for consideration and support. COMMITTEE APPOINTMENTS Appointments and Naming of Chairman to the 2011 Special Board of Equalization and Review Chairman Barfield reported that five vacancies of Regular Members and two vacancies of Alternate Members need to be filled on the Special Board of Equalization and Review with three applicants eligible for reappointment and four new applications having been received and requested direction from the Board. The Board also is charged with appointing the Chairman. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to reappoint Donald E. Harris, Joe Miller, and William J. O'Shea to one-year terms on the Special Board of Equalization and Review with the term to expire at the conclusion of the 2011 tax appeals. Upon Vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,MARCH 14,2011 PAGE 154 Commissioner Catlin nominated Linda M. Woods, a real estate broker, to serve as a regular member. The nomination was seconded by Vice-Chairman Thompson. Vice-Chairman Thompson nominated David Taylor Turner, a NC licensed appraiser, to serve as a regular member. The nomination was seconded by Commissioner Berger. Hearing no other nominations, Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson to close the nominations. Upon vote,the MOTION CARRIED UNANIMOUSLY. Vote: The Board voted unanimously to appoint Linda M. Woods and David Taylor Turner to serve one-year terms on the Special Board of Equalization and Review with the term to expire at the conclusion of the 2011 tax appeals. Vice-Chairman Thompson nominated John R. Babb, property owner, and Bob Drach, business owner, as alternate members. The nominations were seconded by Commissioner Catlin. Hearing no other nominations, Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson to close the nominations. Upon vote,the MOTION CARRIED UNANIMOUSLY. Vote: The Board voted unanimously to appoint John R. Babb and Bob Drach to serve one-year terms on the Special Board of Equalization and Review as alternate members with the term to expire at the conclusion of the 2011 tax appeals. Vice-Chairman Thompson nominated Donald E. Harris to serve as Chairman of the Special Board of Equalization and Review for 2011. The nomination was seconded by Chairman Barfield. Vote: The Board voted unanimously to appoint Donald E. Harris to serve a one-year term as Chairman on the Special Board of Equalization and Review with the term to expire at the conclusion of the 2011 tax appeals. Appointment of Alternate Member to the Zoning Board of Adjustment Chairman Barfield reported that a vacancy exists on the Zoning Board of Adjustment for an alternate member with three applications on file. Commissioner Berger nominated John Edwin "Jack" Stanton IL The nomination was seconded by Commissioner Catlin. Chairman Barfield nominated Chad McEwen. There being no second and no other nominations, Chairman Barfield withdrew his nomination and called for a vote on Mr. Stanton. Vote: The Board voted unanimously to appoint John Edwin"Jack" Stanton II to an unexpired term on the Zoning Board of Adjustment as an alternate member with the term to expire December 1,2013. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. Ron Robinson, property owner on Seabreeze Road, addressed the Board with his proposal to begin operations of a gambling boat from his property asking the Board if the County would support the venture, or if there are ordinances in place, State or local,that would prohibit the operation. ADJOURNMENT There being no further business, Chairman Barfield requested a motion to adjourn. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Davis,to adjourn the meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the meeting at 10:10 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 and on www.nhcgov.com/NHCLive or www.nhcgov.com/pgges.BOC/ashy