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2011-09-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 258 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 6, 2011, 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 Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; 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. Commissioner Ted Davis, Jr. was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mike Ashcraft,Port City Community Church,provided the invocation. Vice-Chairman Thompson 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 Consent Agenda. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the Consent Agenda as presented. Upon vote,the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review Meeting held on August 11,2011 Regular Meeting held on August 15,2011 Work Session Meeting held on August 15, 2011 Adoption of Constitution Week Proclamation—Governing Body The Commissioners, at the request of the National Society Daughters of the American Revolution, adopted the proclamation recognizing September 17-23,2011 as Constitution Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 15.1. Acceptance of Estate of Gary Eugene Rummer Settlement—Legal Department The Commissioners accepted the Estate of Gary Eugene Rummer Settlement. The lawsuit was resolved by a payment of$325,000 by the County's insurer who had exclusive authority over the disposition of the lawsuit. The only sum paid by New Hanover County was the$10,000 insurance deductible. A copy of the settlement is available for review in the Legal Department. Approval of Revised Emergency Operations Plan—Emergency Management Department The Commissioners approved revisions to the Emergency Operations Plan as presented by Emergency Management. A copy of the New Hanover County Emergency Management Plan is available for review in the Emergency Management Department. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports and Approval of Write-Off Request for Uncollectible 2000 and 2001 Property Taxes—Tax Department The Commissioners approved the write-off request for uncollectible 2000 and 2001 property taxes and accepted the following Tax Collection Reports as of July 31,2011: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports and Uncollectible 2000 and 2001 Property Tax Report are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIV,Page 15.2. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-001 -Finance 12-022-Finance 12-037-Finance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 259 12-025 -Budget 12-026-Budget 12-031 -Health 12-032-Health 12-033 -Health 12-034-Health 12-038-Engineering 12-041 -Emergency Management&911 Communications Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIV,Page 15.3. REGULAR ITEMS OF BUSINESS PRESENTATION OF VFW POST 2573 MEN'S AUXILIARY OFFICER OF THE YEAR AWARD TO DETECTIVE CARL SASSER VFW Post 2573 Men's Auxiliary President Fred Gainey presented the Officer of the Year Award to Detective Carl Sasser. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2011 AS LITERACY AWARENESS MONTH AND SEPTEMBER 8, 2011 AS INTERNATIONAL LITERACY DAY IN NEW HANOVER COUNTY Cape Fear Literacy Council Executive Director Linda Lytvinenko submitted the request for the Board's consideration to proclaim September 2011 as Literacy Awareness Month in New Hanover County and September 8, 2011 as International Literacy Day in New Hanover County and was present to receive the proclamation. Commissioner Catlin read the proclamation into the record and moved for adoption. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield, to adopt the proclamation recognizing September 2011 as Literacy Awareness Month in New Hanover County and September 8, 2011 as International Literacy Day in New Hanover County. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 15.4. ADOPTION OF PROCLAMATION RECOGNIZING SEPTEMBER 2011 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH IN NEW HANOVER COUNTY Recovery Month Committee Member Gary Keyes presented the request for the Board's consideration to proclaim September 2011 as National Alcohol and Drug Addiction Recovery Month in New Hanover County. This year's theme is"Join the Voices for Recovery: Recovery Benefits Everyone." Vice-Chairman Thompson read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing September 2011 as National Alcohol and Drug Addiction Recovery Month in New Hanover County. Upon vote,the MOTION CARRIED 4 to 0. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 15.5. SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION PRESENTATION Southeastern Economic Development Commission (SEDC) Executive Director Pamela H. Bostic reported that the Commission was created by the U. S. Department of Commerce under the Public Works and Economic Development Act of 1965. New Hanover County's main benefit of membership is to provide access to Federal grant funding for the municipalities,UNC-W, Cape Fear Community College,Ports Authority,the Cape Fear Public Utility Water and Sewer Authority, the Greater Wilmington Chamber of Commerce, and eligible non-profits. The Greater Wilmington Chamber of Commerce Cape Fear Future Foundation received a $50,000 Economic Development Award on June 29, 2011. The contract calls for a two-year advance notice of intent to discontinue membership and once a county discontinues membership twice, they will never be allowed to rejoin. The County discontinued membership in June 1987 and rejoined in July 2005. After a brief question and answer period, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to place the consideration of continued membership in the Southeastern Economic Development Commission on the Board's October 3, 2011 meeting agenda,and in the interim, direct staff to contact the municipalities and appropriate stakeholders to get their feedback on the County's continued membership. Upon vote,the MOTION CARRIED 4 TO 0. APPROVAL OF SMITH CREEK WORK CHANGE ORDER AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 2012-14 Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's consideration to transfer unused funds from closed-out parks projects to recover the cost of a work change order at NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 260 Smith Creek Park to remove sediment accumulation from the lake to provide the adequate depth needed for the boat ramp and floating dock. Staff is requesting adoption of Budget Ordinance Amendment 2012-14 transferring $30,000 excess from the completed Ogden Park project; $60,000 excess from planning and design; for a total of $90,000. After brief discussion, Chairman Barfield requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Smith Creek work change order and adoption of Budget Ordinance Amendment 2012-14 as presented. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 15.6. PUBLIC HEARING ON THE 2012 SCHEDULE OF VALUES Chairman Barfield reported that the Board will hold a Public Hearing on the proposed 2012 Schedule of Values and requested a motion to open the Public Hearing. Motion: Chairman Barfield MOVED, SECONDED by Commissioner Berger, to open the Public Hearing to receive comments on the proposed 2012 Schedule of Values. Upon vote,the MOTION CARRIED 4 TO 0. Hearing no 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 to receive comments on the proposed 2012 Schedule of Values. Upon vote,the MOTION CARRIED 4 TO 0. PUBLIC HEARING AND APPROVAL OF REQUEST BY MICHAEL EDWARDS TO REZONE APPROXIMATELY.88 ACRE OF PROPERTY LOCATED AT 3200 AND 3204 NORTH KERR AVENUE FROM AR AIRPORT RESIDENTIAL TO CD (A-1) CONDITIONAL AIRPORT INDUSTRIAL (Z-911, 08/11) Chairman Barfield opened the Public Hearing and announced that the conditional 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 Jane Daughtridge Nicole Dreibelbis Michael Edwards Matt Nichols Phil Tripp Ronald Edwards Planner Nicole Dreibelbis presented the request by Michael Edwards to rezone approximately .88 acre of property located at 3200 and 3204 North Kerr Avenue from AR Airport Residential to CD (A-1) Conditional Airport Industrial and presented a slide overview of the request. There are two parcels which are part of this request, 3200 (43 acre tract) and 3204 (45 acre tract) North Kerr Avenue. Both properties belong to the Life Estate of Lena S. Wiggs; Mr. Michael Dwayne Edwards is the grantee for both properties. At the Planning Board's August 4, 2011 meeting, they voted 5-0 to recommend approval with no one from the public speaking on the request. Staff feels the rezoning request is consistent with the 2006 CAMA Land Use Plan, stated intent of the Al zoning district, and the Wrightsboro Small Area Plan. The remanufacturing of camshafts for small racing engines and shipping to clientele is an industrial use that will not have a significant adverse impact on the adjacent residentially zoned recreation center or single-family residence and recommends approval. Because this is a conditional use district, staff finds that the findings of facts are positive and supports approval. Chairman Barfield asked the Petitioner to speak on the request. Matt Nichols, Attorney for the Petitioner, presented an overview of the request highlighting that the property is a great location for the relocation of the email and mail order business and will have minimal traffic impact with approximately twelve trips per day. The small metal building that is proposed will be 18 feet high with a low impact design and the use is compatible with the Al District. Chairman Barfield asked if anyone from the public wished to speak in favor of the request noting that no one had signed up to speak in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 261 Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve the request by Michael Edwards to rezone approximately .88 acre of property located at 3200 and 3204 North Kerr Avenue from AR Airport Residential to CD (A-I) Conditional Airport Industrial finding that the request is: 1) consistent with the purposes and intent of Policy 4.2 and others adopted in the 2006 CAMA Land Use Plan which addresses the need to delineate areas for industrial use which maximize the efficient use of infrastructure while protecting the fragile ecosystem from harm and protecting residents from undue impacts. It is also consistent with the goals and objectives contained within the 1991 Wrightsboro Neighborhood Plan and the intent of the Al zoning district;and 2) reasonable and in the public interest to rezone 0.88 acre from AR Airport Residential to CD (AI) Conditional Airport Industrial in this location adjacent to similarly approved development. Upon vote,the MOTION CARRIED 4 TO 0. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the special use permit request by Michael Edwards to locate a camshaft remanufacturing business at 3200 and 3204 North Kerr Avenue concluding that the findings are positive. Upon vote,the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE AIRPORT ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Zoning Area Section,Page 20. A copy of the order granting the Conditional/Special Use Permit and listing the findings of facts is hereby incorporated as part of the minutes and is contained in SUP Book IV,Page 38. PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT TO SECTION 97-4 OF THE ZONING ORDINANCE TO EXTEND THE DEADLINE FOR AMORTIZATION OF NON-CONFORMING FREESTANDING SIGNS ON CAROLINA BEACH ROAD (A-395,08/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Senior Zoning Compliance Officer Steve Still presented the request by staff to amend Section 97-4 of the Zoning Ordinance to extend the deadline for amortization of non-conforming freestanding signs on Carolina Beach Road in response to concerns regarding the lack of outreach to individual property owners in 2001. Staff feels the competitive advantages of non-conforming signs over those that have complied with the new standards during the past ten years should be perpetuated beyond reasonable extension of additional time to complete the necessary change outs. The amendment allows the extension for not more than two years under all of the following conditions: i. The extension period shall begin on the date of adoption of this amendment. ii. Notice shall be sent by the zoning official via certified mail to the owner of record of the real property upon which a non-conforming sign is located or by certification of personal service to the same. iii. It shall be the responsibility of the owner of real property to notify tenants of this provision, if applicable. The Planning Board, at their August 4, 2011 meeting, voted 5-0 to recommend approval of the text amendment. One person spoke in favor of the proposal, one spoke(neither in favor or opposition), and five spoke in opposition to the ordinance requirement. Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. The following persons spoke in opposition to the proposed text amendment: Russ Hauptman, 5200 Treybooke Drive, spoke in opposition to the text amendment and zoning ordinance requesting the Board concentrate on getting NCDOT to fix the potholes and to keep the roads clean and medians mowed. Frank Taylor, GoGas, spoke in opposition to the text amendment and zoning ordinance highlighting the financial hardship his business will face to bring the sign into compliance. James Martin, Martin Self-Storage, stated that his facility was built in 1994 and compliance with the sign ordinance will require him to place a new sign below the established tree line. He requested that signs installed prior to the ordinance be allowed to remain in a non-compliance status and replaced to the new standards upon damage or replacement. Bob French, French's Burger, spoke on the hardship of complying with the ordinance and requested the Board reverse the ordinance stating that he is not able to comply with the ordinance due to set-back requirements. Matt Nichols, Attorney with Shanklin and Nichols representing several businesses, spoke on the financial hardship businesses will have in complying with the ordinance and requested the non-conforming signs be allowed to exist as non-conforming noting that the businesses were in compliance when they were built. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 262 John Wessell, Attorney representing GoGas, requested the non-conforming signs be allowed to remain and only be required to be brought into compliance upon damage or replacement therefore avoiding the economic impact to the businesses. He requested the Board treat these signs as permitted non-conforming uses. This will give the County the opportunity to eventually bring the signs into compliance suggesting conditions be included that when the sign is destroyed, changed or replaced, compliance will be required. John Hendrix, 5216 Carolina Beach Road, spoke in opposition to the zoning ordinance stating that extending the amortization period or permitting the non-conforming uses to remain makes more sense to him. Caroline Bordeaux, 213 Secera Drive, stated that she has lived in the Monkey Junction area for twenty years and relies on the larger signs to find businesses that she frequents. Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Vice-Chairman Thompson voiced his concern that in the interest of fairness to those who complied with the zoning ordinance that was approved ten years ago,he would not be in favor of allowing the non-conforming signs to remain as permitted without conditions. There is no way to compensate those that did comply and suggested a fine be applied to those that did not comply. In response to Board discussion,Planning Director Chris O'Keefe reported that the 2006 CAMA Land Use Plan addressed freestanding signs to improve the appearance of the commercial corridor along Carolina Beach Road in the unincorporated area. He suggested the Board allow staff to revisit the issue and bring back additional text amendment language for additional consideration. In response to Board questions, County Attorney Wanda Copley advised that there are two ways to deal with the non-compliance issue with either grandfathering or amortization; either process will be legally defensible. After brief discussion concerning grandfathering of existing non-compliance signs, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson,to amend Section 97-5 of the Zoning Ordinance finding that the request is: 1)consistent with the purposes and intent of the policies adopted in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to amend the requirements to allow a reasonable extension of additional time to complete the necessary change outs as presented and additionally directed staff to prepare the amendments necessary to the sign ordinance to allow for non-conforming use and other options for future Board consideration. Upon vote,the MOTION CARRIED 4 TO 0. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 15.7. PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS AND RAVENEL TO CLOSE A PORTION OF HILL AVENUE LOCATED BETWEEN WILD CHERY LANE AND RAMBLEWOOD DRIVE (SC-90,06/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Subdivision Review Planner Sam Burgess presented the request by Withers&Ravenel, on behalf of Morris and Leslie Odess, to close a portion of Hill Avenue (private) located between Wild Cherry Lane and Ramblewood Drive and presented a slide overview of the request. The segment of unimproved road to be closed has a right-of- way width of twenty feet with a length of 174 feet. In accordance with NCGS 153A-241, a Resolution of Intent to close the road was adopted by the Board of County Commissioners at their regular meeting August 1, 2011. County Engineering and Fire Services as well as the Cape Fear Public Utility Authority did not have any outstanding issues with the proposed closure. The Wilmington Metropolitan Planning Organization did voice concern that closure of the road would prohibit the connection ability through to Edgewater Club Drive if the Rivenbark property is developed. Staff recommends that this segment of Hill Avenue be closed. Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. Cindee Wolf, Withers & Ravenel on behalf of Morris and Leslie Odess, spoke in favor of the request highlighting that it is a private road and there are other roads available for use by adjacent property owners if/when future development occurs. Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the request by Withers &Ravenel, on behalf of Morris and Leslie Odess, to close a portion of Hill Avenue located between Wild Cherry Lane and Ramblewood Drive as presented. Upon vote,the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,SEPTEMBER 6,2011 PAGE 263 A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV, Page 15.8. PUBLIC HEARING AND APPROVAL TO NAME A ROAD KENNETH E. MCLAURIN DRIVE LOCATED THROUGH THE LANEY HIGH SCHOOL CAMPUS (SN-114,08/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Subdivision Review Planner Sam Burgess presented the request by Gary Green, on behalf of the New Hanover County Board of Education and Laney High School, to name the south entrance of the school campus to Kenneth E.McLaurin Drive in honor of the school's first principal. The improved unnamed road currently serves as a secondary access and parking area to the high school campus from North College Road and extends north intersecting with Danny Pence Drive, which was officially named in 1996. The paved road is 24' wide and approximately four tenths of one mile long. Staff recommends approval. Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the request. Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to approve the request by Gary Green, on behalf of the New Hanover County Board of Education and Laney High School, to name the south entrance of the school campus to Kenneth E. McLaurin Drive as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV, Page 15.9. 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. No items were presented. DEBRIS PICK-UP FROM HURRICANE IRENE UPDATE Assistant County Manager Chris Coudriet and Environmental Management Director John Hubbard presented an update on debris pick-up from Hurricane Irene. Federal Emergency Management Assistance funding has been authorized to collect debris from only state numbered or state maintained roadways. The County Manager will be sending a letter requesting the authority to include debris collection from right-of-ways along non- maintained roads within the unincorporated area; does not include private roads. It is important for the public to know that only one pass will be made;the public will be informed with the date once the notice to proceed has been received as the contract is already in place. CLOSED SESSION CANCELLED Chairman Barfield announced that the Closed Session previously scheduled has been cancelled. ADJOURNMENT There being no further business, Chairman Barfield requested a motion to adjourn the meeting. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting. Upon vote the MOTION CARRIED 4 TO 0. The meeting was adjourned at 8:15 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