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2014-04-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 7, 2014 PAGE 53 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 7, 2014, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present:Chairman Woody White; Vice-Chair Beth Dawson; Commissioner Jonathan Barfield, Jr.; and Commissioner Thomas Wolfe. Commissioner Brian M. Berger was absent. Staff present: County Attorney Wanda M. Copley; County Manager Chris Coudriet; and Clerk to the Board Sheila L. Schult. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Jermaine Armour, St. Luke AME Zion Church, provided the invocation and Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, 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: Special Meeting held on March 20, 2014 Agenda Review Meeting held on March 20, 2014 Regular Meeting held on March 24, 2014 Approval of Application Waiving Landfill Tipping Fees for the North Carolina Azalea Festival – Environmental Management The Commissioners approved the application to waive Landfill tipping fees for the North Carolina Azalea Festival. It is estimated that approximately ten cubic yards of waste will be taken to the landfill for an estimated tipping fee in the amount of $590. To date for the current fiscal year, a total of $69,307 in tipping fees has been waived. A copy of the application is available for review in the Environmental Management Department. Acceptance of February 2014 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of February 28, 2014: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 7.1. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-068 – Planning and Inspections 14-069 – Department of Social Services Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 7.2. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2014 AS SEXUAL ASSAULT ACTIVISM MONTH IN NEW HANOVER COUNTY Chairman White presented the request from Coastal Horizons Center, Inc. for the Board’s consideration to adopt the proclamation declaring April 2014 as Sexual Assault Activism Month in New Hanover County. He read the proclamation into the record and requested a motion for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to adopt the proclamation recognizing April 2014 as Sexual Assault Activism Month in New Hanover County as presented. Upon vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 7, 2014 PAGE 54 Coastal Horizons Center, Inc. Rape Crisis Center Advocate/Educator Meredith Staley was present to receive the proclamation and make comments. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 7.3. PUBLIC HEARING ON PROPOSED $20,000,000 FINANCING OF IMPROVEMENT PROJECT Chairman White reported that at the regular meeting of the Board of Commissioners on March 24, 2014, the Board adopted a resolution Authorizing the Negotiation of an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing For Certain Other Related Matters. A public hearing must be held concerning the Contract, the Deed of Trust, the proposed $20,000,000 Improvement Project and any other transactions associated with this matter. He requested a motion to open the Public Hearing. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to open the Public Hearing. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White reported that no one had signed up to speak on this item and requested a motion to close the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to close the Public Hearing. Upon vote, the MOTION CARRIED 4 TO 0. Finance Director Lisa Wurtzbacher reported that the projects included in the proposed financing are repairs to the Cobb Annex and the construction of the car rental service center at Wilmington International Airport. No Board action is requested at this time; staff will bring forward a resolution and the associated documents at the April 21, 2014 meeting for Board consideration. PUBLIC HEARING FOR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC RECOVERY PROGRAM CLOSE-OUT Community Development Planner Wanda Coston reported that in accordance with Community Development Block Grant (CDBG) Program regulations and requirements, a public hearing must be held to close- out the 2010 CDBG-Economic Recovery Program for New Hanover County and presented a slide overview of the completed projects. The County was awarded $500,000 in grant funds. Five very low income, owner occupied households received housing assistance. Two houses were re-constructed, one for a female-headed household and one for an elderly couple on their existing parcels. One elderly male was relocated and a house was constructed for him on a different parcel. Two owner occupied, elderly, female-headed households also received housing rehabilitation assistance. The average cost to rehabilitate the two houses was $38,090. The average cost to reconstruct/relocate/ construct three houses was in the amount of $101,837. The total cost to implement the County's CDBG-ER Program was in the amount of $443,743. Cape Fear Community College partnered with the County. In response to Board questions, Ms. Coston reported that future funding for the CDBG program was eliminated from the State budget; the remaining funds, approximately $56,000, is required to be returned to the State. Chairman White reported that no one from the public had signed up to speak on the 2010 Community Development Block Grant Program close-out. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND 32-2 AND SECTION 33-1 OF THE SUBDIVISION ORDINANCE REGARDING LANGUAGE REQUIRED ON FINAL PLATS AND PRELIMINARY PLANS AS IT RELATES TO CONSERVATION OVERLAY DISTRICTS (A-415, 12/13) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Kenneth Vafier presented the request by staff to amend Section 32-2, Contents of the Preliminary Plan and Section 33-1, Contents of the Final Plat of the Subdivision Ordinance to eliminate conflicts in the Conservation Overlay District Requirements and presented a slide overview of the request. The proposed changes are listed below: Section 32-2 Contents of the Preliminary Plan (21) The approximate delineation of Corps of Engineers Section 404 and Section 10 Wetlands. (10/99) (22) Should locations of conservation resources be shown on a preliminary site plan, Special Use Permit site plan, Performance or Conventional Residential site plan, Conditional Zoning site plan, Conditional Use Zoning site plan, Exceptional Design Zoning District site plan, Riverfront Mixed Use District site plan, or Planned Development site plan, field verification of resource areas shall be performed by a member of the New Hanover County Planning and Inspections staff prior to map approval to ensure accuracy. Delineations shall be valid for a period of 5 years from the date of approval or 5 years from the enactment of this provision, whichever is later. An administrative extension of this validity period may be granted by NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 7, 2014 PAGE 55 the Planning and Inspections Director in accordance with Section 112-6 of the New Hanover County Zoning Ordinance. (23) If conservation resources are present on site but not shown on the preliminary site plan; they shall be delineated on the final plat per Section 33-1(14) of this Ordinance and the following note shall be shown: “Subdivision contains an area included within a Conservation Overlay District (COD). Field verification of resource areas shall be performed by a member of the New Hanover County Planning and Inspections staff prior to map recordation to ensure accuracy.” (22) (24) A traffic impact study must be completed prior to the submittal of any preliminary plan that will generate more than 100 trips during the peak hour. The study shall be prepared in accordance with Standards and Guidelines approved by the County. (2/02) Section 33-1 Contents of the Final Plat (13) If the Subdivision is within a Conservation Overlay District, locations and types of conservation resource areas shall be shown. Official conservation resource maps are available at the County Planning and Inspections Department. (14) If the Subdivision is within a Conservation Overlay District, and a verified conservation resource delineation did not occur at preliminary site plan approval, the following map note shall be shown on any approved final plat. “Subdivision contains an area included within a Conservation Overlay District (COD). Field verification of resource areas shall be performed by a member of the New Hanover County Planning and Inspections staff prior to map recordation to ensure accuracy.” Delineations shall be valid for a period of 5 years from the date of recordation of any final plat in the Register of Deeds or 5 years from the enactment of this provision, whichever is later. A one year administrative extension of this validity period may be granted by the Planning and Inspections Director so long as site conditions have not substantially changed consistent with Section 112-6 of the New Hanover County Zoning Ordinance. (14)(15) Surveyed delineation of Corps of Engineers Federally regulated Wetlands. (10/99) The Planning Board, at their March 6, 2014 meeting, voted 5-0 to recommend approval of the text amendment. One person spoke in support of the amendment. No one from the public spoke in opposition to the amendment. In response to Board questions, Mr. Vafier clarified that the amendments will provide the opportunity to ensure that conservation resource delineations that have been confirmed by staff and that are included on approved site plans are considered valid for regulatory purposes and establishes a five year validity period. Chairman White reported that no one from the public had signed up to speak in opposition to the request; two people had signed up to speak in support of the request and invited them to make comments. Attorney Matt Nichols reported that he is representing the Tidal Walk Subdivision and thanked County staff for working with them on this amendment and that it is a good example of Government helping its citizens to reach a solution. Hearing no further comments or discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to amend Section 32-2, Contents of the Preliminary Plan and Section 33-1, Contents of the Final Plat of the Subdivision Ordinance to address Conservation Overlay District Requirements finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest and should be adopted. 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 XXXVIII, Page 7.4. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 7, 2014 PAGE 56 ADJOURNMENT Hearing no further business, Chairman White adjourned the meeting at 6:36 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-line at www.nhcgov.com.