2012-02-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 328
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 6, 2012,
at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present: Chairman Ted Davis, Jr.; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Jason R.
Thompson;and Commissioner Richard G. Catlin.
Commissioner Brian M.Berger arrived at 6:07 p.m.
Staff present: County Attorney Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County
Manager Bruce T. Shell.
Vice-Chairman Barfield welcomed everyone present and introduced Chairman Davis.
STATE OF THE COUNTY ADDRESS
Chairman Davis presented the annual State of the County Address.
A copy of the state of the county address is incorporated as part of the minutes and is contained in Exhibit
Book XXXV,Page 2.1.
BREAK
Vice-Chairman Barfield called for a break from 6:38 p.m.until 7:04 p.m.
NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Henry Gregory, St. Andrew A.M.E.Zion Church,provided the invocation.
Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Commissioner Catlin requested Consent Agenda 5 — Adoption of Budget Ordinance Amendments be
removed for discussion.
Hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent
Agenda.
Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve Consent
Agenda items 1-4 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review Meeting held on January 19,2012
Regular Meeting held on January 23,2012
Lewis versus New Hanover County Settlement—Legal Department
The Commissioners received the settlement documents noting that the Lewis versus New Hanover County
lawsuit has been settled for $80,000 by the County's insurance company. New Hanover County is responsible for
paying the deductible.
A copy of the settlement documents are on file in the Legal Department.
Authorization to Submit Applications for Two Library Services and Technology Act Grants—Library
The Commissioners authorized the Library to submit applications for two Library Services and Technology
Act(LSTA)grants as follows:
• Digitization Grant to enable the library to scan images from its Local History archives and make
them accessible to the public; the required 10%match will be satisfied by a combination of existing
salary and software expenses.
• Library Services and Technology EZ Grant to expand public access to the Internet at the Myrtle Grove
Branch and Main Library; the required 25%match will be satisfied by funds made available from the
Friends of the Library.
Copies of the grant applications are available for review in the Library.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 329
Adoption of Resolution Approving the Sole Source Award to Integrated Technology Group for the Purchase
of Additional Self-Checkout Systems—Library
The Commissioners adopted the resolution approving the Sole Source Award to Integrated Technology
Group in the amount of $87,000; the required match of $21,980 (25%) is being provided by the Friends of the
Library. The funds will be used to purchase four self-checkout systems at the Main Library, four at the Northeast
Regional Library,four at the Myrtle Grove Library; and one at the Carolina Beach Branch Library; at least one unit
at each location will be handicapped accessible and suitable for use by children.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXV,Page 2.2.
DISCUSSION OF BUDGET ORDINANCE AMENDMENT 12-144 AND ADOPTION OF BUDGET
ORDINANCE AMENDMENTS
In response to Board questions, County Manager Bruce Shell and Emergency Management & 911
Communications Director Warren Lee provided an overview of Budget Ordinance Amendment 12-144. The
request is for an additional $200,000 for salaries and wages and temporary salaries required through the end of
Fiscal Year 2011-2012. The funds are needed due to call volume,resignations,terminations, etc.
The Board held a brief question and answer period with Director Lee concerning the misuse of the 911
system and the follow-up and citation process that is currently in place.
Commissioner Thompson stated his concern that the calls to the 911 system for non-emergency situations
is a problem we have created and suggested the Board consider a draft ordinance concerning misuse of the 911
System at a future meeting.
Commissioner Berger stated that he would like to know scope of the problem and suggested there is a need
for support groups as opposed to calling the 911 system.
After brief discussion and hearing no further comments, Chairman Davis requested direction from the
Board.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adopt Budget Ordinance
Amendment 12-144 — Emergency Management & 911 Communications and direct staff to bring back a draft
ordinance concerning the misuse of the 911 System for Board consideration at their February 20, 2012 meeting.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Davis called for a motion to adopt the remaining Budget Ordinance Amendments as presented.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the remaining
Budget Ordinance Amendments. Upon vote,the MOTION CARRIED UNANIMOUSLY.
The following Budget Ordinance Amendments were adopted:
12-142-Health
12-135 - Sheriff's Office
12-136- Sheriff's Office
12-138- Sheriff's Office
2012-34- Sheriff's Office
2012-35 - Sheriff's Office
12-144—Emergency Management and 911 Communications
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXV,Page 2.3.
REGULAR ITEMS OF BUSINESS
CEREMONIAL CHECK PRESENTATION BY CAPE FEAR HABITAT FOR HUMANITY
HOMEOWNERS
The Commissioners received a ceremonial check for property taxes by Cape Fear Habitat for Humanity
homeowners Pauline Miller,Damion and Tasha Allison, and Hernon Rios. The homeowners were accompanied by
Cape Fear Habitat for Humanity Executive Director Bob Calhoun, Development Director Kitty Yerkes, and Family
Services Director Jane Roberson.
The Board congratulated the homeowners and thanked them for the presentation.
WILMINGTON DOWNTOWN,INC.MID-YEAR UPDATE
Wilmington Downtown, Inc. Board Chairman David Spetrino presented the mid-year update for
Wilmington Downtown Inc.highlighting that results are moving in a positive direction and all external indicators for
further growth are encouraging and believe that the goal set will not only be achieved but surpassed. Through
January 31, 2012 commercial occupancy has seen a growth of twenty-six leases with 46,500 gross square footage;
net absorption of 35,000 square feet. Since July 2011, through the efforts of the economic development loan
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 330
program and in conjunction with the above mentioned leases, a net gain of 125 new jobs within the downtown area
were obtained.
On behalf of the Board, Chairman Davis thanked Mr. Spetrino for the encouraging update.
ADOPTION OF CAPITAL PROJECT ORDINANCE APPROVING THE CONSTRUCTION OF CELL 6E
AND PARTIAL CLOSURE OF CELL 5 AT THE LANDFILL AND ADOPTION OF BUDGET
ORDINANCE AMENDMENT 2012-33
Landfill Manager Sam Hawes presented the request for the Board's consideration to adopt the Capital
Project Ordinance approving the construction of Cell 6E and partial closure of Cell 5 at the Landfill and adoption of
Budget Ordinance Amendment 2012-33.
Bidding these two projects together will result in substantial savings and efficiencies due to lower
mobilization costs and requirements of staff time. Staff requests permission to establish the Landfill Construction of
Cell 6E and Partial Closure of Cell 5 Capital Project and transfer $2.3 million budgeted in the FYI 1-12 Adopted
Budget to fund the following:
• Cell 6E and Partial Cell 5 Closure Design/Permitting in the amount of$300,000
• Partial Closure Cell 5 QA/QC Engineering in the amount of$200,000
• Partial Closure Cell 5 Construction in the amount of$900,000
• Cell 6E QA/QC Engineering in the amount of$250,000
• Cell 6E Construction in the amount of$650,000
• Total in the amount of$2,300,000
In response to Board questions,Manager Hawes reported that the estimated cost for the construction phase
of Cell 6E is$1.75 million for a total cost for both projects in the amount of$3.4 million which was included in the
FY11-12 Enterprise Fund budget. The $1.1 million in additional funds required to fully fund the construction of
Cell 6E will be included in the FY12-13 Enterprise Fund budget request. Staff requests permission to bid the two
projects together, with the understanding that bid award and contracting for both projects would be conditional on
required future funding.
After brief discussion, Chairman Davis requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the Capital Project
Ordinance approving the construction of Cell 6E and partial closure of Cell 5 at the Landfill and adoption of Budget
Ordinance Amendment 2012-33 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the capital project ordinance and budget ordinance amendment is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XXXV,Page 2.4.
APPROVAL OF SECOND READING OF SOLID WASTE FRANCHISE APPLICATIONS FOR
COASTAL LADIES CARTING,INC.AND TANGERINE CARTING,INC.
Assistant County Manager Chris Coudriet presented the request for the Board's consideration to approve
the second reading of solid waste franchise applications for Coastal Ladies Carting,Inc. and Tangerine Carting,Inc.
Commissioner Thompson requested he be recused from considering this item due to a business conflict of
interest.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to recuse Commissioner
Thompson from considering Approval of Solid Waste Franchise Applications— Second Reading due to a business
conflict of interest. Upon vote,the MOTION CARRIED 4 TO 0. Commissioner Thompson abstaining.
Chairman Davis requested direction from the Board to approve the second reading of solid waste franchise
applications for Coastal Ladies Carting,Inc. and Tangerine Carting, Inc. as presented.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve the second reading
of solid waste franchise applications for Coastal Ladies Carting, Inc. and Tangerine Carting, Inc. as presented.
Upon vote,the MOTION CARRIED 4 TO 0. Commissioner Thompson was recused from the vote.
Copies of the franchise applications are available for review in the Legal Department.
PUBLIC HEARING AND DENIAL OF REQUEST BY BONNIE NARRON, ON BEHALF OF MULTIPLE
PROPERTY OWNERS, TO REZONE APPROXIMATELY 2.82 ACRES OF PROPERTY LOCATED AT
3415, 3501, AND 3505 NORTH KERR AVENUE FROM B-1 BUSINESS AND AR AIRPORT
RESIDENTIAL TO B-2 HIGHWAY BUSINESS DISTRICT(Z-916,01/12)
Chairman Davis opened the Public Hearing and requested Staff to make the presentation.
Current Planner Nicole Dreibelbis presented the request by Bonnie Narron, on behalf of multiple property
owners to rezone approximately 2.82 acres of property located at 3415, 3501, and 3505 North Kerr Avenue from B-
1 Business and AR Airport Residential to B-2 Highway Business District and presented a slide overview of the
request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 331
At the Planning Board's January 5, 2012 meeting, they voted 5-0 to recommend approval of an amended
rezoning request. Three people spoke in opposition to the rezoning, citing concerns about buffering,property value,
flight patterns and safety with the owner of 3415 North Kerr Avenue speaking in support of the rezoning. All
parcels are identified as Transition on the 2006 CAMA Land Classification Map. The amended request reduced the
B-2 acreage requested from 3.91 acres to 2.82 acres. The change limited the amount of B-2 at 3415 North Kerr
Avenue to 1.20 acres which addressed concerns brought up at the hearing. The proposal before the Board is the
amended request.
Staff feels that this rezoning request is consistent with the intent for the B-2 Highway Business District
designation, the transition land classification and the Wrightsboro Plan. The subject properties are located on N.
Kerr Avenue in an area with a Level of Service C which means that traffic flows freely. Traffic signals exist at
nearby intersections with Castle Hayne Road and Blue Clay Road to help manage future traffic volume which may
come about from other developments in the area. The uses currently occupying the subject properties will remain
conforming with the B-2 district which requires adequate buffering to protect adjacent residential properties from
undue impacts. The proposal extends an existing commercial node to serve the needs of a community where
numerous residential projects are planned. Finally,B-2 zoning is thought to be more consistent with airport use then
the existing residential zoning. Staff recommends approval of this rezoning request. General rezoning disclosed
intention of an upscale automobile service center.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Bonnie Narron,the petitioner,presented the proposed rezoning request citing that it is a minimal expansion
of the current zoning and is consistent with the surrounding zoning and will not negatively impact surrounding
property values.
In response to Board questions,Mr. Whitney Prease, ILM Director of Facilities,reported that the Airport is
not in opposition to the rezoning request nor do they have any concerns.
Pete Avery, representative for Tortuga Investment Company, presented a brief overview of the request
stating that the rezoning request is consistent with the policies of growth and development for the area and was
approved by the Planning Board and staff.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Andrew McVey, Attorney representing Christopher, John and Nancy Blake, stated that his clients would
have preferred a conditional use rezoning request which would be tied to one particular use. He stated concerns on
the negative impact on property values,the water table,and a potential eye sore across from residential homes.
William Sebrell, 3325 North Kerr Avenue, voiced his concern about the proposed B-2 zoning request and
requested the Board deny the request and maintain the integrity of the neighborhood.
Sandra Stiles, 3416 North Kerr Avenue, stated that she lives across the street from the proposed project and
that she doesn't want to look out and see a car repair shop. She requested the Board deny the request because the
area has always been residential and needs to stay residential.
In rebuttal comments, Mr. Avery stated the proposed property is not suitable for residential and the
concerns for some of the B-2 zoning uses are not applicable due to the size of the property.
In rebuttal comments, Attorney McVey reiterated his clients concerns for an unspecified use for the
property.
Hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from the
Board.
In response to Board questions, Planning Director Chris O'Keefe explained the difference in buffer
requirements between B-1 and B-2 and outlined the differences between the uses of the two districts.
The Board held a discussion concerning the Castle Hayne area as the largest undeveloped area left in the
County and the type of economic development that is appropriate for the area as people begin developing their
property voicing concerns for speculative zoning by creating large by-right opportunities for future property owners.
Chairman Davis explained to Ms. Narron that if the Board denies the request she will have to wait twelve
months before coming back before the Board and asked her if she wanted to proceed with her request.
In response,Ms. Narron confirmed that she would like to proceed.
Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Berger, that the rezoning request be
continued until the Board's next meeting to allow the Petitioner an opportunity to meet with staff and consider other
options, such as conditional rezoning.
After further discussion noting that the Petitioner has indicated that she wishes to proceed with the rezoning
request, Commissioners Thompson and Berger withdrew their motion.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 332
Motion: Chairman Davis MOVED, SECONDED by Commissioner Thompson, to deny the request by Bonnie
Narron, on behalf of multiple property owners, to rezone approximately 2.82 acres of property located at 3415,
3501, and 3505 North Kerr Avenue from B-1 Business and AR Airport Residential to B-2 Highway Business
District finding that the request is not consistent with the purposes and intent of the Land Use Plan and is not
reasonable or in the public interest to grant the rezoning request. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
BREAK
Chairman Davis called for abreak from 8:58 p.m.until 9:07 p.m.
WILMINGTON METROPOLITAN PLANNING ORGANIZATION — CITY OF WILMINGTON — NEW
HANOVER COUNTY COMPREHENSIVE GREENWAY MASTER PLAN PRESENTATION
Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented the
Wilmington Metropolitan Planning Organization - City of Wilmington - New Hanover County Comprehensive
Greenway Master Plan highlighting the following:
• The project is in the beginning stages and staff is attempting to notify the public concerning the
Comprehensive Greenway Master Plan.
• Guiding concepts for the Plan will include transportation, recreation, connectivity, economic vitality,
conservation,healthy living,and community building.
• Timeline for the project is as follows:
• Kick-Off Meeting-January 2012
• Identify Opportunities and Constraints-March/April 2012
• Public Workshops- I't set in Spring; 2nd set in Sumner
• Draft Plan-July 2012
• Develop/Present Final Plan-October 2012
• Final Plan and Brochure-December 2012
After a brief question and answer period, Chairman Davis thanked Mr. Kozlosky for the presentation.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Davis announced that time has been reserved to allow the public to present an item that was not
listed on the regular agenda. No items were presented.
ADDITIONAL AGENDA ITEMS OF BUSINESS
DENIAL TO RECONSIDER THE VOTE ON THE REQUEST BY BONNIE NARRON, ON BEHALF OF
MULTIPLE PROPERTY OWNERS, TO REZONE APPROXIMATELY 2.82 ACRES OF PROPERTY
LOCATED AT 3415,3501,AND 3505 NORTH KERR AVENUE FROM B-1 BUSINESS AND AR
AIRPORT RESIDENTIAL TO B-2 HIGHWAY BUSINESS DISTRICT(Z-916,01/12)
Commissioner Thompson stated that he would like to reconsider the vote on the request by Bonnie Narron,
on behalf of multiple property owners, to rezone approximately 2.82 acres of property located at 3415, 3501, and
3505 North Kerr Avenue from B-1 Business and AR Airport Residential to B-2 Highway Business District stating
that he felt Ms. Narron may have been confused by the Board's offer to allow her to continue the request.
Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to reconsider the request by
Bonnie Narron, on behalf of multiple property owners, to rezone approximately 2.82 acres of property located at
3415, 3501, and 3505 North Kerr Avenue from B-1 Business and AR Airport Residential to B-2 Highway Business
District.
After brief discussion by the Board concerning the number of chances Ms. Narron was given to withdraw
or continue her rezoning request, Chairman Davis called for a vote on the motion.
Vote: Upon vote, the MOTION FAILED 2 TO 3. Chairman Davis, Vice-Chairman Barfield, and Commissioner
Catlin voted in opposition.
DRAFT ORDINANCE CONCERNING THE MISUSE OF THE 911 SYSTEM TO BE BROUGHT
FORWARD AT THE BOARD'S MARCH 12,2012 MEETING FOR CONSIDERATION
Chairman Davis reported that he would be absent from the Board's February 20, 2012 meeting and
requested that the draft ordinance concerning the misuse of the 911 system be placed on the Board's March 12, 2012
agenda for Board consideration.
After brief discussion, the consensus of the Board was to direct staff to bring the draft ordinance
concerning the misuse of the 911 system to the Board for consideration at their March 12,2012 meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 6,2012 PAGE 333
ADJOURNMENT
There being no further business, Chairman Davis adjourned the meeting at 9:37 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