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2011-10-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 3,2011 PAGE 272 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 3, 2011, at 4:00 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 Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell. CLOSED SESSION Chairman Barfield announced a Closed Session pursuant to General Statute 143-318.11(a)(3) to consider and give instructions to the County Attorney regarding litigation and pursuant to General Statute 143-318.11(a)(5)to instruct the public body's staff concerning the position to be taken on behalf of the public body in negotiating the price and material terms of a proposed contract for real property. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson,to enter into a Closed Session pursuant to General Statute 143-318.11(a)(3) to consider and give instructions to the County Attorney regarding litigation and pursuant to General Statute 143-318.11(a)(5)to instruct the public body's staff concerning the position to be taken on behalf of the public body in negotiating the price and material terms of a proposed contract for real property. Upon vote,the MOTION CARRIED 4 TO 0. Chairman Barfield convened to Closed Session at 4:04 p.m. Commissioner Brian M.Berger arrived in the Closed Session at 4:12 p.m. CONVENE TO REGULAR SESSION Chairman Barfield convened the meeting to Regular Session at 5:30 p.m. and requested a motion to convene from Closed Session. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to convene from Closed Session to the Regular Session meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Barfield reported that the Board has concluded its consultation with the County Attorney regarding litigation and provided instruction to staff concerning the negotiation of a potential real estate transaction and directed Legal staff to proceed with appealing the court decision related to Flournoy Development. BREAK Chairman Barfield called for a break from 5:31 p.m.until 6:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Richie Marshall,Port City Community Church,provided the invocation. Commissioner Catlin 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. Vice-Chairman Thompson requested Consent Agenda Item 4 - Adoption of Budget Ordinance Amendments be pulled for further discussion. Hearing no further comments, Chairman Barfield called for a motion to approve the remaining items on the Consent Agenda. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to approve the remaining 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 Regular Session meeting held on September 19, 2011 as presented by the Clerk to the Board. Adoption of Resolution Declaring the County's Intent to Reimburse Itself with Financing Proceeds and Budget Ordinance Amendment 12-055—Environmental Management The Commissioners adopted the resolution declaring the County's intent to reimburse itself with financing proceeds and adopted Budget Ordinance Amendment 12-055. In the FY 11-12 budget,the Board approved the debt service payment on the purchase of an articulated dump truck. Staff will utilize the National Joint Powers Alliance contract issued to Caterpillar, Inc.,to obtain the equipment with a quoted price of$299,728. The equipment will be paid for over a four year period with payments scheduled to begin in FY 12-13 and continue through FY 15-16, respectively. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 3,2011 PAGE 273 A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 17.1. Adoption of Resolution Authorizing the Submission of a Grant Application to the North Carolina Governor's Highway Safety Program—Sheriffs Office The Commissioners adopted the resolution authorizing the Sheriff's Office to submit a grant application to the North Carolina Governor's Highway Safety Program in the amount of$10,000. If awarded, the funds will be used for travel reimbursements for Sheriff's Office personnel to assist the Governor's Highway Safety Patrol in gathering statistics and coordinating the initiatives of"Booze It and Lose It" and "Click It or Ticket" in Region 2. No local match is required. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,Page 17.2. Discussion of Consent Agenda Item 4—Adoption of Budget Ordinance Amendments Vice-Chairman Thompson requested Budget Ordinance Amendment 12-059 be pulled to allow additional time for staff to provide further information concerning expenditures related to Hurricane Irene and bring the item back to the Board for consideration at their October 17,2011 meeting. Chairman Barfield requested a motion to adopt the remaining Budget Ordinance Amendments as presented. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the remaining Budget Ordinance Amendments as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-051 - Social Services 12-058- Sheriff's Office 12-060-Health Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIV,Page 17.3. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2011 AS DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Barfield reported that Domestic Violence Shelter & Services Outreach Coordinator/Advocate Andrea Stough requested the Board's consideration to proclaim October 2011 as Domestic Violence Awareness Month in New Hanover County. Commissioner Davis read the proclamation into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing October 2011 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Stough thanked the Board for their support and received the proclamation on behalf of the organization. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIV,Page 17.4. WILMINGTON MIRACLE LEAGUE — WILMINGTON BELIEVES IN MIRACLES CAMPAIGN PRESENTATION Wilmington Believes in Miracles Campaign Chairman Peter Hexter, City of Wilmington Interim Recreation Superintendent Amy Beatty, and Withers and Ravenel Lead Planning Director Cindee Wolf presented an update on the Wilmington Believes in Miracles Campaign located at Olsen Park. Nearly one in five persons in New Hanover, Brunswick, Columbus and Pender Counties has some type of disability and adaptable recreation space is needed. The campaign goal is to raise $1.2 million to fund construction of the specialized baseball field and playground. Miracle Fields are a rubber, non-latex surface that is helpful and safe for persons with any mobility difficulties. Bases are inlaid to allow wheelchairs and other mobility devices freedom to navigate without obstruction; it has the look and feel of a baseball diamond without the potential hazards. To date, approximately$1 million has been raised and the project is due to open in spring of 2012. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 3,2011 PAGE 274 PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND SECTIONS II,IV,V,AND VI OF THE COUNTY'S ZONING ORDINANCE TO IMPROVE CLASSIFICATION OF INDUSTRIAL USES AND TO CREATE A SPECIAL USE REVIEW PROCESS FOR INTENSIVE INDUSTRIAL USES (A-391,06/11) Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Planning Director Chris O'Keefe and Long Range Planning Manager Shawn Ralston presented the request by staff to amend Sections II, IV, V, and VI of the County's zoning ordinance to improve classification of industrial uses and to create a special use review process for intensive industrial uses and presented a slide overview of the request. At the Planning Board's September 1, 2011 meeting, they voted 6-0 to recommend approval of the text amendment. Nine people spoke in favor of the proposal and three spoke in opposition at this meeting. One hundred sixteen people wrote letters or emails in support and four wrote in opposition. The proposed text amendments will: • Amend the intent of the I-1 and I-2 Districts. • Redefine industrial uses into categories of intensity rather than specific uses. Higher intensity uses will require a Special Use Permit. • Create an exception to allow existing uses to remain"conforming"under certain conditions. • Proposed Amendments to Sections 56 and 57: • Amend intent of I-1 and I-2 Districts. • Keep dimensional requirements the same. • Add special use permit requirement for certain uses. • Add review of external effects for I-2 uses requiring a special use permit. • Address existing uses: • Allow as conforming uses. • Allow modifications/expansions on same parcel. • Allow modifications/expansions on adjacent/contiguous parcels if held in the same ownership. • Amend Article II, Section 23: Definitions: • Redefine industrial uses based on intensity of processes. • Specifically define: • Electricity generating facilities. • Field bulk storage facilities. • Mining. • Modify the Table of Permitted Uses. • Amend Section VII,Provisions of Uses Allowed as Special Uses: • Include standards for mining in the special use permit review. • Intended consequences: • Clarification of industrial uses. • Special use permit requirement for high intensity manufacturing facilities. • Allow lower intensity industrial uses in more districts with Special Use Permit. • Opportunity for proposer to highlight potential positive community contributions. • Opportunity for proposer to demonstrate how project will minimize negative impacts. • Community engagement. • Opportunity for Planning Board, Commissioners and staff to provide input on: • Analysis of land use compatibility. • Analysis of CAMA Land Use classification. • Place conditions on industries. • Local environmental issues as they relate to industry. In response to Commissioner Davis' question, Ms. Ralston confirmed that the following language is located on the Special Use Permit application but is not included in the Zoning Ordinance: "The County may require additional information deemed reasonable to assess the impacts and effects of a project on a community including plans, specifications, and other information deemed necessary to determine compliance with the review criteria. Federal, State and/or local environmental agencies may be consulted to advise the Planning and Inspections Department on applications for Special Use Permits." Commissioner Davis stated that he feels it is important that the language be incorporated into the Zoning Ordinance. Chairman Barfield asked if anyone from the public wished to speak in favor of the request. Laura Parks, 101 Spring Creek Lane, spoke in favor of the request stating that the proposed amendment is a useful and long overdue tool to put the power back in the hands of the people and local elected officials. Doug Springer, 4101 Cape Landing Road, spoke in favor of the request stating that the proposed amendment will increase commercial and residential property values by giving the community a clean place to live. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 3,2011 PAGE 275 Gabrielle Steele, 814 Holbrook Avenue, American Lung Association, spoke in favor of the request stating that the proposed amendment will assist in industries operating here to maintain acceptable air quality standards and allows for public input. Kemp Burdette, 116 Keaton Avenue, Cape Fear River Watch, spoke in favor of the request stating that the proposed teat amendment will help protect our water and air. The Special Use Permit process is not a denial process but will assure industries operating here protect the community's health and safety, property values, is in harmony with the surrounding area,and meet the conditions of the zoning ordinance. Bette Baureis,416 Black Diamond Drive, spoke in favor of the request stating that it is time for the process to be updated and the proposed text amendment is fair. Ben Spradley, 227 Wooddale Drive, stated that he is the Chairman of the NHC Board of Health Department and that they unanimously adopted a resolution supporting the proposed text amendment. Charlene Pete, 3512 NE Avenue, Castle Hayne Steering Committee, spoke in favor of the request stating that the County's main industry is tourism and therefore protecting the environment will protect industry. The revised regulations requiring a Special Use Permit will allow input from the citizens and allow elected officials to look at each request. Craig Galbraith, 803 Boca Lane, spoke in favor of the request stating that the Special Use Permit process will encourage,not discourage,economic development. Susan Meyer, 6903 Cedar Bluff, spoke in favor of the request stating that the proposed amendment will give local control to decide what happens in our community. Brady Bradshaw, 4803 Atlantis Court, spoke in favor of the request stating his concerns of protecting air and water quality. Joshua Prindiville, 4112 Randall Parkway, spoke in favor of the request stating that any industry considering locating here should have to go through the Special Use Permit process. Chairman Barfield asked if anyone from the public wished to speak in opposition to the request. John Monroe, 325 Bradley Drive, spoke in opposition to the request stating the proposed text amendment will discourage industries from locating here and bringing needed jobs. Industries help provide the needed tax base. Bill King, 2615 Hydrangea Place, spoke in opposition to the request stating the negative economic impact the Special Use Permit process will have on companies considering locating here. A more focused approach is needed. Scott Sullivan, 2528 Canterbury Road, Cameron Management, spoke in opposition to the request stating that it will deface the tax base and sends a message to those companies looking to relocate that the rules change if the citizens are opposed to your project. Time is needed to do it right and make it comprehensive. The following rebuttal comments in favor of the proposed text amendment were received. Mike Giles, 520 Causeway Drive, stated that the Special Use Permit process will ensure a healthy public; protecting the health of citizens is more important than providing jobs. Doug Springer, 4101 Cape Landing Road, stated that General Electric and Verizon are two significant industries that have located here. Kemp Burdette, 116 Keaton Avenue, stated that public input was received in drafting the proposed text amendment and that it is not a process for denying requests but a review process. Craig Galbraith, 803 Boca Lane, stated that most of the arguments against the text amendment are about economics,but if we do things right,our community could become the economic powerhouse of North Carolina. Joshua Prindiville, 4112 Randall Parkway, stated that 160 jobs will not have a positive impact on the State's unemployment rate. Shannon Gentry, 504 S. 3 d Street, stated that she is unemployed and would not trade having a job for her peace of mind and health. Bob Kurowski, 3929 Appleton Way, stated that being opposed to the proposed amendment are in contradiction to statements that you care about your family. The following rebuttal comment in opposition to the request was received. John Monroe, 325 Bradley Drive, stated that having a job provides food and clothing for your family and it is doubtful that industry leaders would locate their families here if they were in harm from the environment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,OCTOBER 3,2011 PAGE 276 Hearing no further comments, Chairman Barfield closed the Public Hearing. BREAK Chairman Barfield called for a break from 7:50 p.m.until 8:05 p.m. After brief discussion, Chairman Barfield requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve the request by staff to amend Sections II, IV, V, and VI of the County's zoning ordinance to improve classification of industrial uses and to create a special use review process for intensive industrial uses. Commissioner Davis stated that he supports the teat amendment with the added language to Section 57.4.1 as was presented earlier and offered the following substitute motion. Substitute motion: Commissioner Davis MOVED, SECONDED by Commissioner Catlin,to approve the request to amend Sections II, IV, V, and VI of the County's zoning ordinance to improve classification of industrial uses and to create a special use review process for intensive industrial uses 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; and 2)reasonable and in the public interest to improve classification of industrial uses and to create a special use review process for intensive industrial uses with the following language added to Section 57.4.1: The County may require additional information deemed reasonable to assess the impacts and effects of a project on a community including plans, specifications,and other information deemed necessary to determine compliance with the review criteria. Federal, State and/or local environmental agencies may be consulted to advise the Planning and Inspections Department on applications for Special Use Permits. In response to Board questions, Planning Director O'Keefe stated that to his knowledge, Titan is the only business proposing to operate heavy industry that the proposed text amendment will affect; businesses that are currently operating here will not be affected. Vice-Chairman Thompson stated that if the proposed text amendment was called what it truly is, a stop- Titan text amendment, that would be honest and he would vote for it,but he will not vote for the text amendment because in his opinion,it is dishonest. Hearing no further comments, Chairman Barfield called for a vote on the substitute motion. Substitute motion: Commissioner Davis MOVED, SECONDED by Commissioner Catlin, to approve the request by staff to amend Sections 11, IV, V, and VI of the County's zoning ordinance to improve classification of industrial uses and to create a special use review process for intensive industrial uses 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; and 2)reasonable and in the public interest to improve classification of industrial uses and to create a special use review process for intensive industrial uses with the following language added to Section 57.4.1: The County may require additional information deemed reasonable to assess the impacts and effects of a project on a community including plans, specifications, and other information deemed necessary to determine compliance with the review criteria. Federal, State and/or local environmental agencies may be consulted to advise the Planning and Inspections Department on applications for Special Use Permits. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Thompson voted in opposition. 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 17.5. 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. Laura Parks, 101 Spring Creek Lane, reported that she educated herself on the zoning ordinance amendment and that it is a different issue than that of the stop-Titan issue. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 8:23 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.nhggov.com/NHCLive or www.nhcgov.com/pgges.BOC/asps