2012-12-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,DECEMBER 3,2012 PAGE 532
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3,
2012, at 6:04 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington,NC.
Members present: Chairman Jonathan Barfield, Jr.: Vice-Chairman Jason R. Thompson: and
Commissioner Rick Catlin. Commissioner Brian M. Berger arrived at 6:09 p.m.
Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the Board
Sheila L. Schuh.
Chairman Barfield called the meeting to order and welcomed everyone present.
NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE
Minister Wesley Cherrelus, Winter Park Church of Christ, gave the invocation and Vice-Chairman
Thompson led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Chairman Barfield requested a motion to approve the minutes of the following meetings:
Agenda Review Meeting held on November 8,2012
Closed Session meeting held on November 13,2012
Regular Session Meeting held on November 13,2012
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the minutes as
presented by the Clerk to the Board. Upon vote, the MOTION CARRIED 3 TO 0.
PRESENTATION OF APPRECIATION GIFT TO COMMISSIONER THOMPSON
Chairman Barfield, on behalf of the Board, made a presentation to Commissioner Thompson in recognition
of his sei ice to New Hanover County. He expressed appreciation to him for the time and effort given to seine in
this capacity and for the outstanding marmer in which he has seined the citizens of New Hanover County.
Commissioner Thompson expressed appreciation to his family, the citizens of New Hanover County, his
fellow members of the Board,and County staff.
OATHS OF OFFICE ADMINISTERED
The Honorable James H. Faison, III, North Carolina District Court Judge Fifth District, administered the
Oath of Office to Commissioner Jonathan Barfield,Jr.
The Honorable Robin Wicks Robinson,North Carolina District Court Judge Fifth District, administered the
Oath of Office to Commissioner Beth Dawson.
The Honorable Chad E. Hogston, North Carolina District Court Judge Fifth District, administered the Oath
of Office to Commissioner Woodv White.
Commissioners Barfield, Dawson and White offered comments to the audience thanking their family for
their support and to the voters for electing them:vowing to seine the citizens of New Hanover County to the best of
their abilit-v in their role as County Commissioner.
Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit
Book XXXV,Page 20.1.
ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR
Members present were: Commissioner Jonathan Barfield, Jr.: Commissioner Brian M. Berger:
Commissioner Richard G. Catlin: Commissioner Beth Dawson:and Commissioner Woodv White.
County Attorney Copley opened the floor to receive nominations for Chairman and Vice-Chairman of the
Board of County Commissioners for the ensuing year.
Commissioner Dawson nominated Commissioner White for Chairman of the Board of Count-v
Commissioners. Commissioner Catlin seconded the nomination.
Commissioner White nominated Commissioner Dawson for Vice-Chairman of the Board of Count-v
Commissioners for the ensuing year. Commissioner Catlin seconded the nomination.
There being no further nominations, County Attorney Copley declared the nominations closed and called
for a vote on the nominations.
Vote: The Board voted UNANIMOUSLY to elect Commissioner White to seine as Chairman of the New Hanover
Count-v Board of Commissioners and Commissioner Dawson to seine as Vice-Chairman of the New Hanover
County Board of Commissioners for the ensuing year.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,DECEMBER 3,2012 PAGE 533
Chairman White offered comments thanking the Board for the confidence they placed in him in electing
him as Chairman. He challenged the Board to set an example of leadership by treating each other with respect and
civility as they thoughtfirlly deliberate the issues facing the County and extend the hand of friendship and
collaboration to the municipalities and their leaders.
BREAK
Chairman White called for a break from 6:46 p.m.until 7:28 p.m.
BOARD SEATED FOR 2012-2013
Members present were: Chairman Woody White: Vice-Chairman Beth Dawson: Commissioner Jonathan
Barfield,Jr.: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin.
APPROVAL OF CONSENT AGENDA
Chairman White asked if anti- member of the Board would like to remove or discuss anti- item on the
Consent Agenda.
Hearing no comments, Chairman White called for a motion to approve the items on the Consent Agenda.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Dawson,to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of State Road Resolutions—Governing Bode
The Commissioners adopted the North Carolina Department of Transportation State Road Resolutions
supporting the addition of the following roads into the state road system:
• Field View Road NW located within the North Bend Subdivision- Section 2 (Division File No. 1183-
N).
• Wood Ridge Road, Foxivood Lane, North Arnlea Court, South Arnlea Court, and North Toddlo Court
located within the Bremvyck Subdivision Section 1 to include Wood Ridge Road - Section 1 -Beacon
Woods Subdivision, Foxivood Lane and Skeet Road - Section 2 - Carmel at Vinevard Greens
Subdivision(Division File No. 1184-N).
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit
Book XXXV,Page 20.2.
Adoption of Bond Approval Resolution—Legal Department
The Commissioners, pursuant to General Statute 58.72-70, adopted the resolution verifying that the surety
bond coverage for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector is adequate and in firll force
and effect.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXV,Page 20.3.
Authorization for Leading Into New Communities,Inc.to Submit a Grant Application to the North Carolina
Governor's Crime Commission with New Hanover County as the Applicant Agency—Finance Department
The Commissioners authorized Leading Into New Communities, Inc. (LILAC) to submit a grant application
in the amount of$90,000 to the North Carolina Governor's Crime Commission with New Hanover County sei ing
as the applicant agency. If awarded, the fiords will be used to continue the program for clients to achieve sustained
employment and be drug-free and crime-free, not returning to prison or jail. LINC will be responsible for the 25%
match.
Approval of Certified CoPy of a Corporate Resolution from First Citizens Bank Changing the Finance
Director's Name to Lisa Wurtzbacher, as an Authorized Representative of New Hanover County— Finance
Department
The Commissioners approved the certified copy of a corporate resolution from First Citizens Bank
changing the finance director's name to Lisa Wurtzbacher and listing her as an authorized representative to be able
to conduct business on behalf of New Hanover County.
Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax
Department
The Commissioners accepted the following Tax Collection Reports as of October 31,2012.
New Hanover Count-ti-Fire District
New Hanover Comit-V
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXXV,Page 20.4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,DECEMBER 3,2012 PAGE 534
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2012:
13-097- Social SeivIces
13-101 - Sheriffs Office
2013-25 - Sheriffs Office
2013-36- Sheriffs Office
2013-37—Mason Inlet Capital Project
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXV,Page 20.5.
REGULAR ITEMS OF BUSINESS
ADOPTION OF BUDGET ORDINANCE AMENDMENT 2013-35 TO ALLOCATE FUNDS TO EXECUTE
THE CONTRACT TO AUDUBON NORTH CAROLINA FOR THE MASON INLET WATERBIRD
HABITAT MANAGEMENT PLAN FOR 2012
County Manager Chris Coudriet presented the request for the Board's consideration to adopt Budget
Ordinance Amendment 2013-35 in the amount of$25,000 from Room Occupancy Tax Funds to allocate the finds to
execute the contract to Audubon North Carolina for the Mason Inlet Waterbird Habitat Management Plan for 2012
for the continued monitoring of the nesting success of waterbirds and shorebirds, document the number of nests for
each species and document the species and number of non-breeding birds using the north end of Wrightsville Beach.
He clarified that adoption of the Budget Ordinance Amendment allocates the finds to execute the contract and does
not change the finding strategy. At a fixture meeting, Staff will present finding options to the Board which will
include assessing 100%of the costs to the benefitted property owners to repay the Room Occupancy Tax Fund.
After brief comments, Chairman White requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Dawson, to adopt Budget Ordinance
Amendment 2013-35 in the amount of $25,000 to allocate Room Occupancy Tax Funds for the Mason Inlet
Waterbird Habitat Management Plan for 2012 (Year 11) to Audubon North Carolina for management and
monitoring with the finding strategy to be determined at a fixture meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXV,Page 20.6.
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY WALTER PETE AVERY, ON
BEHALF OF BLADENBORO PROPERTIES, LLC,TO REZONE 2.12 ACRES OF RIGHT-OF-WAY AND
LAND LOCATED AT 2616, 2620, AND 2624 CASTLE HAYNE ROAD FROM R-20 RESIDENTIAL TO
CZD (B-1)CONDITIONAL ZONING DISTRICT BUSINESS (Z-907,11/10)
Chairman White opened the Public Hearing and requested staff to make the presentation.
Senior Planner Sam Burgess presented the request by Walter Pete Avery on behalf of Bladenboro
Properties, LLC, to rezone approximately 2.12 acres of right-of-way and land located at 2616, 2620, and 2624
Castle Haviie Road from R-20 Residential to CZD (B-1) Conditional Zoning District Business and presented a slide
overview of the request.
The petitioner is proposing to construct a one-story, 8,050 square foot retail structure (exact use not
specified) approximately 21 feet in height with 34 parking spaces. Based on the site plan submitted, riventy-one
spaces are required per Section 81-1 of the Zoning Ordinance. A small stormivater pond in accordance with local
regulations is plarmed near the eastern property boundary. Landscaping, foundation plantings, setbacks, buffer
yards and street yards are also displayed on the plan and will be required to meet County Zoning standards.
Castle Haviie Road is an urban arterial roadway. Access to the subject properties will require a driveway
permit and encroachnnent agreements from NCDOT. According to the required Traffic Impact Worksheet, the
Average Daily Trip (ADT) count on Castle Haviie Road near the intersection with North Kerr Avenue is 14,372.
The Level of Sei ice (LOS) fronting the subject properties is E, meaning that the roadway is operating at design
capacity with traffic experiencing delays at intersections. The Traffic Impact Worksheet also revealed that the
proposed retail structure,when firlly developed,will generate an AM peak of seven trips and a PM peak of 42 trips.
Based on this trip generation,a Traffic Impact Analysis was not required.
Water will be provided to the project through the Cape Fear Public Utility Authority and sewer is proposed
by individual septic tank. A preliminary soils report produced by Land Management Group for the petitioner
indicates soils in the area are provisionally suitable for septic tanks. The petitioner will be required to obtain a septic
tank permit from New Hanover County Environmental Health. Fire protection will be seined by New Hanover
County.
At their November 1, 2012 meeting, the Plarming Board voted 6-0 to recommend approval of the rezoning,
with the following conditions:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,DECEMBER 3,2012 PAGE 535
1) Retail hours be limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining residential
property owners:
2) Specific land uses permitted limited to General Merchandise Stores and Miscellaneous Retail:
3) The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern
corner of the property located at 4620 Castle Hayne Road:
4) Directional lighting installed to reduce light pollution on adjacent properties:
5) The creation of a five(5)foot easement fronting the property for a fixture sidewalk:
6) Approval of a septic tank permit by the County's Environmental Health Department:and
7) The mitigation of trees located on site in accordance with the Zoning Ordinance.
No one from the public spoke in support or in opposition of the rezoning request with staff also
recommending approval with the conditions. The conditional district proposal from R-20 Residential to B-1
Neighborhood Business is a logical extension with the existing B-1 District adjacent and south of the property.
Presently,neither the petitioner nor his client has revealed a specific use or uses. The county policies for growth and
development encourage the placement and development of commercial uses along major and minor arterials and
within reasonably close proximity to commercial nodes or intersections. While it should be noted that encroachment
into established residential districts is discouraged, these properties have lost the residential appeal they once had
due to the expansion of the nearby commercial node.
Chairman White invited the Petitioner to make comments.
Walter Pete Avery, the Petitioner on behalf of Bladenboro Properties,LLC,presented the request to rezone
approximately 2.12 acres of right-of-way and land located at 2616, 2620, and 2624 Castle Hayne Road from R-20
Residential to CZD (B-1) Conditional Zoning District Business stating that the plan is consistent with the land use
plan. He requested approval of the proposal as presented acknowledging acceptance of the conditions as presented
which requires approval by the County for a septic tank permit.
In response to Board questions, Planning Director Chris O'Keefe reported that the site plan does meet the
set-back requirement with no concerns about fire protection.
In response to Board questions, Senior Planner Burgess reiterated that the Traffic Impact Analysis revealed
that when the retail structure was filly developed, seven AM peak hips would be generated and 42 PM peak hips.
The Petitioner will have riventy-four months to complete the project with the conditions.
In response to Board questions,Mr. Avery confirmed that he wished to proceed with the request.
Chairman White noted that no one had signed up to speak in opposition to the request closing the Public
Hearing and requesting direction from the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Catlin, to approve the request by
Walter Pete Avery on behalf of Bladenboro Properties,LLC,to rezone approximately 2.12 acres of right-of-way and
land at 2616, 2620, and 2624 Castle Haviie Road from R-20 Residential to CZD (B-1) Conditional Zoning District
Business finding that the request is: 1) consistent with the purposes and intent of the Transition Land Classification
and Policy 4.3 of the 2006 CAMA Land Use Plan and consistent with the purposes and intent of the Wrightsboro
Small Area Plan; and 2) reasonable and in the public interest to rezone 2.12 acres, which includes the right-of-way
frontage (.66 ac) along Castle Hayne Road, from R-20 Residential to CZD (B-1) Conditional Zoning District
Neighborhood Business with the following conditions:
1) Retail hours be limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining residential
property owners:
2) Specific land uses permitted limited to General Merchandise Stores and Miscellaneous Retail:
3) The inclusion of a small wedge of land zoned AR Airport Residential located in the northeastern
corner of the property located at 4620 Castle Hayne Road:
4) Directional lighting installed to reduce light pollution on adjacent properties:
5) The creation of a five(5)foot easement fronting the property for a fixture sidewalk:
6) Approval of a septic tank permit by the County's Environmental Health Department:and
7) The mitigation of trees located on site in accordance with the Zoning Ordinance.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED RIK L 1974 is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A,Page 34.
PRESENTATION OF ENTERPRISE-LEVEL STRATEGY MAP AND PROPOSED BALANCED
SCORECARD MEASURES FOR THE COUNTY'S FIVE-YEAR STRATEGIC PLAN
Strategy and Policy Manager Beth Schrader reported that during the spring of 2011, the Board participated
in a strategic planning workshop and adopted the five-year Strategic Plan. In July, the County Manager directed
staff to translate the strategic plan into a framework that would allow the strategy to be managed, executed, and
measured. The Board identified the following five Strategic Focus Areas:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,DECEMBER 3,2012 PAGE 536
• Superior Public Health, Safety and Education
• Intelligent Growth&Economic Development
• Productive Strategic Partnerships
• Strong Financial Performance
• Effective County Management
Ms. Schrader provided an oveiview of the draft Enteiprise-level Strategy Map and proposed Balanced
Scorecard Measures and the process proposed for implementation.
Hearing no comments and on behalf of the Board, Chairman White thanked staff for the presentation.
A complete copy of the strategy map is available for review in the County Manager's office.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman White announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda with no one signed up to speak.
ADDITIONAL AGENDA ITEM OF BUSINESS
PRESENTATION OF APPRECIATION GIFT TO COMMISSIONER CATLIN
Chairman White reported that Commissioner Catlin has submitted his resignation as New Hanover County
Commissioner effective at the adjournnnent of the meeting to prepare to seine the citizens in his new role as North
Carolina State House of Representative for District 20. On behalf of the Board, he presented Commissioner Catlin
with an appreciation gift in recognition of his seivice to the citizens of New Hanover County.
Commissioner Catlin expressed appreciation to the citizens of New Hanover County, his fellow members
of the Board,and County staff.
A copy of the resignation letter is hereby incorporated as a part of the minutes and contained in Exhibit
Book XXXV,Page 20.7.
ADJOURNMENT
There being no further business, Chairman White adjourned the meeting at 8:17 p.m.
Respectfirlly submitted,
Sheila L. Schult
Clerk to the Board
Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and
on innr.nhcgov.com H('Live or innr.nhcgov.com )ages.B0('%aspy