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HomeMy WebLinkAbout2014-06-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 88 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 2, 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 Deputy Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barfield 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 Barfield MOVED, SECONDED by Commissioner Wolfe, 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 May 15, 2014 Regular Meeting held on May 19, 2014 Appointment of Vice-Chair Dawson as Voting Delegate and Commissioner Wolfe as Alternate Voting Delegate to the National Association of Counties’ 2014 Annual Conference – Governing Body The Commissioners appointed Vice-Chair Dawson as voting delegate and Commissioner Wolfe as alternate voting delegate to the National Association of Counties' 79th Annual Conference which will be held July 11-14, 2014 in Orleans Parish, LA. Approval of Interlocal Agreement with the Town of Wrightsville Beach – Environmental Management The Commissioners approved entering into an interlocal agreement with the Town of Wrightsville Beach for recycling collection services. Existing staff will be utilized for this service, with no additional positions necessary. The cost to service the Wrightsville Beach site is included in the Environmental Management Department's FY14-15 budget request. A copy of the interlocal agreement is available for review in the Legal Department. Adoption of Resolution to Dispose of Surplus Property – Finance Department The Commissioners, pursuant to North Carolina General Statute Chapter 160A, Article 12, adopted the resolution disposing of surplus property. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 11.1. Acceptance of April 2014 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of April, 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 11.2. Approval of New Hanover County Board of Education General Fund Amendment #9 – Budget Department The Commissioners approved New Hanover County Board of Education General Fund Amendment #9 appropriating $10,560 for costs related to a land purchase. A copy of the budget amendment is available for review in the Budget Department. Approval of North Carolina Education Lottery Applications for 2014-15 Capital Construction Project – Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved the North Carolina Education Lottery Applications in the amount of $2.1 million. The funds will be used for the following projects: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 89  Veterans Park - Cooling Tower Replacement  Bradly Creek - HVAC Equipment and Controls Replacement (Phase 1)  Sunset Park - Replacement, Sectors A1, A3, and A4  Codington - HVAC Equipment Replacement and Updating Controls (Phase 1)  Eaton - HVAC Equipment Replacement and Updating Controls (Phase 1)  Williston - Replace two chillers Copies of the applications are available for review in the Budget Department. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2014: 14-079 - Department of Social Services 14-080 - Sheriff 14-081 - Emergency Management and 911 Communications 14-082 - Sheriff Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 11.3. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FOR 2014 FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE Chairman White reported that for the Board’s consideration is a request to submit a joint application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance grant program through the U.S. Department of Justice in the total amount of $80,393; $40,196.50 each agency, there is a requirement of a Public Hearing to be held. If awarded, the County’s portion of the funding would be used to pay for electrical wiring update for the SABLE helicopter; no local match is required. Chairman White opened the Public Hearing noting that no one had signed up to speak in favor of or in opposition to the request; therefore, he closed the Public Hearing and requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to authorize the Sheriff’s Office to submit a joint 2014 Edward Byrne Memorial Justice Assistance Grant application with the City of Wilmington and authorize staff to execute the required County/City Memorandum of Understanding as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the Memorandum of Understanding is available for review in the Legal Department. PUBLIC HEARING ON THE FISCAL YEAR 2014-2015 RECOMMENDED BUDGET Chairman White opened the public hearing on the Fiscal Year 2014-2015 Recommended Budget and received comments from the following organizations and citizens:  New Hanover County Schools Chairman Don Hayes and Superintendent Dr. Tim Markley thanked the Board for their continued support stating that the recommended budget amount that includes an increase of 5% will help mitigate the State cuts in teacher salaries.  Cape Fear Community College Senior Vice President for Business and Instructional Services Camellia Rice thanked the Board for their continued support of the College.  Kathy Chamness, on behalf of Elderhaus, Inc., spoke on the adult day care services and home care services that they provide and thanked the Board for their support.  Mitch Lamb, on behalf of the Greater Wilmington Chamber of Commerce Board of Directors, voiced support of the $160 million bond referendum for the New Hanover County School System.  Linda Lytvinenko, on behalf of the Cape Fear Literacy Council, spoke on the return of investment of teaching adults to read and requested the Board fund the full request of all non-profits.  Margaret Weller-Stargell, on behalf of Coastal Horizons, Inc., provided an overview of the services they provide and requested the Board adopt the recommended budget amount.  Clark Hipp, on behalf of Wilmington Downtown, Inc., thanked the Board for their continued support highlighting the success they continue to have in the downtown area. The proposed budget recommends a decrease in funding for WDI and he requested that the Board not reduce their ability to succeed at implementing the Garner recommendations and their development recommendations and grant their full funding request. Commissioner Barfield thanked those that came to offer comments highlighting the importance of each of the organizations that contribute to the overall success of New Hanover County. Hearing no further comments, Chairman White closed the Public Hearing and thanked those who offered comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 90 APPROVAL OF NOTICE OF INTENT IN THE AMOUNT OF $160 MILLION AND ADOPTION OF RESOLUTIONS MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE, DIRECTING THE PUBLICATION OF THE NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS, AND AUTHORIZING THE FINANCE DIRECTOR TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE COUNTY’S PROPOSED GENERAL OBLIGATION BOND FINANCINGS AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION Finance Director Lisa Wurtzbacher presented the request for the Board’s consideration to:  Review the level of ask for a general obligation bond question to appear on the November 2014 ballot  Approval to publish a notice of intent  Approval to file an application with the Local Government Commission Finance Director Wurtzbacher provided an overview of the outstanding debt as of June 30, 2013 totaling $411.5 million; 40.2% or $165.5 million is related to the New Hanover County Public School System; 32.7% or $134.4 million is related to Cape Fear Community College; and 13.8% or $56.8 million is related to other general government needs. Over the last twenty-year history of general obligation bonds with three voter approved bond referendums in 1994, 1997 and in 2005, $287 million has been issued beginning in 1994; the last payment is scheduled for 2029. The funds have been spent on school projects such as constructing new schools, renovations to existing schools, roof replacements, HVAC projects and other improvements to the property. The need presented by the New Hanover County Board of Education is in the amount of $280 million and includes twenty-five top priority projects. Based on debt limits and debt capacity, staff is recommending an amount no greater than $160 million in general obligation bonds to be issued through fiscal year 2020. This amount and schedule keeps the County within its debt policy limitations with sufficient capacity for other County needs that may not be currently known as well as allowing some build-up of the capacity for another bond issue for the remaining $120 million of needs that the school system would have. In discussions with representatives from the School System the recommended amount of $160 million would allow for the completion of fourteen of the projects on the list of highest priorities. In looking at the debt limit the Board has three primary goals: 1) a debt per capita limit not to exceed $2,200; 2) a debt to total assessed value not to exceed 1.6%; and 3) a net debt service to General Fund expenditures not to exceed 20%. The County would still be within the capacity limits with the $160 million issuance. The total estimated debt service payments for the $160 million amount will be $230,443,161 with an average tax rate impact of 3 cents over the twenty-year life of the debt; a range from .5 cents to 4.5 depending on time of issuance. The debt service reserve fund which is recommended to be established in fiscal year 2016 will be dedicated to provide revenues for future debt service. The following timeline is recommended for the item to be on the November 2014 ballot:  June 2, 2014 – Notice of Intent/ Local Government Commission Application  July 21, 2014 – Introduce Bond Order/ Call Public Hearing/ Debt Statement  August 11, 2014 – Public Hearing/Adopt Bond Order/ Call Election In response to Board questions, Finance Director Wurtzbacher reported that if the Board desires to proceed with including a school bond referendum on the November 2014 ballot the following items need to be approved:  Approve the amount of general obligation bonds to be considered on the application filed with the Local Government Commission.  Adopt the resolution authorizing the Finance Director and the County Manager to file an application with the Local Government Commission and adopt the resolution directing staff to publish a notice of intent. Commissioner Barfield offered comments concerning the need to support the school system’s projects stating that the citizens need to understand there may be a tax increase to help pay for these bonds. Past Boards have not raised the tax rate to cover the debt service of previously voter-approved bonds. If the voters approve the bond referendum then they are saying that they are willing to raise the tax rate to support the debt service. Chairman White offered comments concerning the upcoming budget of approximately $293 million with a line item of debt service of approximately $53 million. Over the past twenty years our population has grown approximately 64% and our debt ratio has tripled. If the voters approve the proposed bond referendum it will result in a tax rate increase and it will take our debt from about $391 million up $160 million, which is significant. In four years the County will be at a debt service ratio of 19.7% with the County policy in place not to exceed a debt service ratio of 20%. Vice-Chair Dawson offered comments supporting the needs of the schools system and allowing the citizens to have the opportunity to vote on the bond referendum in November in the amount of $160 million. The school NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 91 system has done a very good job of prioritizing their needs versus their wants. A good learning environment will attract new families and businesses which in turn will expand the County tax base. In response to Board questions, Finance Director Wurtzbacher reported that $40 million in previously approved sales of Community College bonds represents a 5 cent tax rate increase to pay for the debt service. An average of a 3-4 cent tax increase over the twenty-year life of the debt will be needed to cover the debt service if the $160 million bond referendum is approved. Next year’s recommended budget could include a 9 cent tax increase to cover the debt service of these bonds. County Manager Coudriet reported that if the voters approve the bond referendum staff would be inclined to recommend the Board raise the rate necessary to cover the life of the debt equating in the first year to a 4 cent tax increase; in year 6 it would drop down 3 cents, then down 2 cents and then 1 cent with the debt service being satisfied after twenty years. Also at that time, staff would be inclined to recommend the Board raise the rate necessary to begin creating a debt reserve to cover the outgoing expenses. In response to Board questions, Finance Director Wurtzbacher confirmed that with new debt there would be debt being paid off and coming off the obligation side. If the voters do not approve additional debt this year, in the next two fiscal years the County’s debt service goes to $54 million, then to $54.5 million, then drops to $53.5 million. If the voters approve issuing additional debt, then the debt service goes to $57 million in two years and then to $57.8 million; representing a debt service ratio of 19.7%. Chairman White stated that he hopes at some point the voters will ask their elected officials to be more innovative on how capital needs are addressed and that he cannot support raising taxes in a recovering economy, therefore, he cannot support the request. In response to Board questions, County Attorney Wanda Copley confirmed that North Carolina General Statutes requires that if a school board officially asks a Board of County Commissioners to put a bond referendum question on the ballot that the Board is mandated to so do. The Board’s action in doing so is ministerial in nature. County Manager Coudriet added that if the bond referendum passes, the Board, at that time, has the ability to adjust the amount below the approved threshold, but not above the approved amount. Chairman White called for a vote on the motion to approve the Notice of Intent in the amount of $160 million of bonds for the New Hanover County School System stating that it is ministerial in nature. Motion : Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to approve the Notice of Intent in the amount of $160 million of bonds for the New Hanover County School System. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White stated that he would entertain a motion from the Board to adopt the resolution with certain findings that includes that the tax rate that might follow is not excessive. Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to adopt resolutions making certain statements of fact concerning the proposed bond issue; directing the publication of the Notice of Intention to apply to the Local Government Commission for approval of bonds; and authorizing the Finance Director to apply to the Local Government Commission for approval of the County’s proposed General Obligation Bond Financings and to submit such application to the Local Government Commission as presented. Upon vote, the MOTION CARRIED 3 TO 1. Chairman White voted in opposition. A copy of the notice of intent and resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 11.4. PUBLIC HEARING AND CONSIDERATION OF SPECIAL USE PERMIT REQUEST BY ACI PINE RIDGE, LLC TO DEVELOP A MIXED USE DEVELOPMENT ON A 37.9-ACRE PARCEL LOCATED AT THE 100 BLOCK OF PORTERS NECK ROAD (S-617, 1/14) Chairman White opened the Public Hearing and announced that the special 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 Ben Andrea Ted Shipley Neil Shepherd Matt Nichols Ken Shanklin Bill Batuyios Brantley White Lyle Overcash Frank Pinkston John McGill Bette Bauereis NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 92 Dick Elmer Stuart Ball Current Planner Ben Andrea presented the request by ACI Pine Ridge, LLC, applicant and owner, for a Special Use Permit for residential uses within the B-1 zoning district as part of a mixed use development containing 273 multifamily residential units. As this project was moving forward in the application and review process late last year, the applicant submitted new traffic figures to NCDOT. On January 7, 2014 the Metropolitan Planning Organization (MPO) notified the applicant that they concurred with the revised trip generation figures, which were a decrease of 58 percent from the previous trip generation figures for the commercial development proposal. The letter also indicated that the improvements already installed were sufficient for the current proposal and that a revised traffic impact analysis would not be required. As a point of clarification, Current Planner Andrea noted that the concept plan and site plan in the agenda packet has the word hotel on it; however, a hotel is not proposed. Furthermore, hotels are not allowed in the B-1 zoning district. As such, staff recommends approval of the special use permit with the condition that the site plans be revised to remove the word hotel prior to signing by the Chairman. Chairman White invited the Petitioner to make comments. Matt Nichols, attorney for the Petitioner, provided a brief overview of the request highlighting that the request is for a special use permit for residential use within a commercial district which is currently zoned B-1. He requested Mr. Shepherd provide an overview of the project and Mr. Overcash report on the traffic impact analysis (TIA) phasing schedule. He also noted that the revised trip generation has decreased by 58 percent and the original required improvements have been implemented therefore an updated TIA is not required. Neal Shepherd, Blue Ridge Engineering, provided a slide overview of the proposed project highlighting that substantial infrastructure has been installed on the site including streets, water, sewer and storm water; the wetlands disturbance permit has been obtained. Phase I was the Lowes Home Improvement Store tract built and completed in 2009. The project before the Board is an alternative use for Phase II which incorporates 273 multi- family units and 40,000 square feet of commercial space instead of 100% commercial. The roadway permits for both Phase I and II are completed and no additional roadway improvements are required by NCDOT. Although the original plan did include a hotel, it has been removed. Lyle Overcash, Overcash Engineering, spoke on traffic impact study phasing analysis completed in October 2013 for the proposed development. With the 2009 road improvements, the intersection is operating at a level of service “C”. Using a 3 percent annual growth rate and the added commercial and residential developments, the level of service would change to “D”, which is still an acceptable level of service. In further discussion of traffic accidents, he responded that based on the original intersection design in 2006, traffic patterns were greatly improved. A median with restricted access from the shopping center were constructed as well as turn lanes at all directions at the intersection, which would enhance the safety of the location. Chairman White stated that five persons had signed up to speak in opposition to the request. Frank Pinkston, resident of Porters Neck, spoke in opposition to the project as more apartments are not needed in the area. He requested that the developer be held to the original plan for commercial development and not include any mixed-use development. John McGill, resident of Porters Neck, spoke in opposition to the project and questioned whether proper planning procedures were followed. An agreement was made in 2008 to limit development to commercial use and he requested the Board deny the SUP based on that agreement. He also requested that the County require a traffic impact study be prepared to include the impact of deaths, accidents, and injuries for this application. Dr. Bette Bauereis, resident of Porters Neck Plantation, voiced her concerns to the proposed project stating that she would prefer commercial development citing traffic concerns. If unable to retain the commercial zoning, she requested the Board reduce the number of apartments to 150 instead of 273 units and that timing for the commercial development coincide with construction of the apartments. Furthermore, she expressed concern for stormwater runoff from the area into the headwaters of Pages Creek. Dick Elmer, resident of Porters Neck, voiced his concern about the proposed project asking whether the fire department would be able to access the back end of the property and whether additional apartments were planned for phases III and IV. He requested the Board to table the decision until the proposed Military Cutoff Bypass is completed. In rebuttal comments, Attorney Nichols stated that the proposed project is consistent and appropriate with zoning regulations and the CAMA Land Use Plan and would significantly reduce traffic counts as opposed to what could be done by-right under B-1 zoning. As the economy improves, commercial development would occur. He reminded the Board that the Planning Board unanimously approved the request. The developer has done an excellent job with Phase I and would continue with the same level of quality. In response to Board questions, Attorney Nichols confirmed that they wish to proceed with the request and that they agree with the findings of facts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 93 In rebuttal comments, Stuart Ball, resident of Porters Neck, spoke on the impact of heavy traffic during peak hours and questioned the reliability of the traffic study when the residents of the area have difficulty traveling on Market Street. Hearing no further comments, Chairman White closed the Public Hearing and requested direction from the Board. In further discussion, Current Planner Andrea responded to questions on the availability of water and sewer infrastructure in place for the project and that it was completed prior to the extension of the urban services boundaries when the Lowes Home Improvement project was completed. Planning and Inspection Director O’Keefe clarified that although the project is outside the urban services boundary, the infrastructure was already installed. No exception was made to the CAMA Land Use Plan or any other policy. Cape Fear Public Utility Authority has indicated that they have capacity for the current proposal. The infrastructure was made available before the inter-local agreement was authorized establishing the Authority; the inter-local agreement sets the criteria of the urban services boundary. In response to Board questions concerning whether or not the Board can allow an extension of service into an area outside of the urban service area without concurrence from the city in giving an exception or an exemption to the CAMA Land Use Plan, Assistant County Attorney Sharon Huffman advised that no exception was made to the urban service boundary because the water and sewer were in place prior to the time the urban services boundary line was enacted and placed into effect, so this would not be an exception. In response to Board questions concerning whether the County would be in compliance with its ordinance if the commercial phase does not occur and only the apartments are built, Planning Director O’Keefe responded that the property becomes bound by the approved site plan for the uses that they are allowed to construct. In response to questions regarding whether the Board must consider the testimony of an expert witness as the facts in a special use permit hearing when no expert provided anything in rebuttal, Assistant Attorney Huffman advised that according to North Carolina case law, the petitioner is allowed to submit for a special use permit with some degree a presumption that it should be approved. The burden is upon them to show the board through competent material or substantial evidence that they have met the four elements of the special use permit as written in the ordinance. Once that evidence has been provided the Board must weigh the evidence and articulate a legally defensible reason why a request should be denied. There must be reputable, competent, substantial evidence to deny a request. Chairman White questioned the process of weighing and deliberating whether or not the traffic expert's testimony is something the Board must use stating he was unconvinced that the traffic study was in fact accurate. Vice-Chair Dawson stated that she disagreed with staff’s summary that the proposal is consistent with the CAMA Land Use Plan and would not approve the request because it is not consistent with the adopted plan as required in staff’s finding #4. Motion : Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve the request by ACI Pine Ridge, LLC, to develop a mixed-used development on a 37.9 acre parcel located at the 100 block of Porters Neck Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Chairman White and Vice-Chair Dawson voted in opposition. Chairman White asked County Attorney Wanda Copley for clarification if it is a tie vote does the Board need to make more findings. County Attorney Copley responded that no THE MOTION HAS DIED BECAUSE THERE IS A 2-2 VOTE. Making findings is not necessary because of not having a majority. BREAK Chairman White called for a break from 8:12 p.m. to 8:30 p.m. PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO THE ZONING ORDINANCE ADDRESSING REGULATIONS REGARDING INDUSTRIAL USES AND SPECIAL USE PERMITS (A- 416, 1/14) Chairman White opened the Public Hearing and requested staff to make the presentation. Planning and Inspections Director Chris O’Keefe reported that in October 2011 the Board of Commissioners amended the Table of Permitted uses by adding a special use permit requirement for all intensive manufacturing use. At that time, the County was exceeding its attainment levels for sulfur dioxide. High levels would make it more difficult to attract businesses, industries and people wanting to move to the area because of air quality issues and health concerns. An effort led by the Board, back in 2011, and others in the community decided NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 94 to make changes to the ordinance. In its research, staff found that 46 counties in the State used either conditional use district or special use permits (SUP) to evaluate potential uses and determine whether an industry was appropriate for the area. The County decided on the SUP process. The SUP regulations grouped manufacturing industries into four categories based on the intensity of the operation. The amendment included language allowing existing manufacturing industries to continue their existing operations, expand existing operations or in some cases modify their existing operation while remaining a conforming use and not requiring a special use permit. Since that time the permitting requirements for manufacturing uses have come under scrutiny due to a perception that they are not clearly written and are a deterrent to economic development. With considerable input from outside agencies and the community, the Planning Board at their March 6, 2014 meeting, approved 5 to 0 the following amendments with a summary of the changes as follows:  Add Section 13: Calculation of Time:  Added a description of how days will be calculated for submission deadlines.  Amend Section 23: Definitions:  Removed definitions for Limited, General, and Intensive Manufacturing. These definitions were grouped industries into categories that were then listed on the Table of Permitted Uses. The amendment takes the industries out of the categories and lists each one individually in the Table of Permitted Uses.  Retained Artisan Manufacturing definition in order to retain flexibility for interpreting small scale uses that utilize hand manufacturing so that they can be evaluated and permitted by right in six zoning districts and by special use in the Rural Agriculture zoning district.  Amend Section 50: Table of Permitted Uses:  Add 86 new uses that correspond with all of the 4-digit NAICS (North American Industrial Classification System) industry categories within the manufacturing business sectors (NAICS 31, 32, and 33) to the Manufacturing Category of the Table of Permitted Uses (each of the 86 uses added to the table was evaluated to determine how it would be permitted under the current definitions within the Ordinance, and then the table was populated to specify if and how each of the uses would be permitted in each zoning district). Added Limited, General and Intensive Manufacturing category headings for the industrial uses in order to allow for existing industrial uses to change uses within the same categories without having to receive a SUP if it is required for the new use. To remain consistent with the previous version of the ordinance, this flexibility does not apply to uses classified as Intensive Manufacturing.  Moved Solar Farms to the Transportation, Communication and Utilities Category and add Fuel Bulk Storage Facilities and Electricity Generating Facilities to this category (both of which are currently found in Section 23: Definitions, of the Ordinance).  Amend Section 44: Extension or Enlargement of Non-Conforming Situations:  Replaced text with actual date that ordinance was adopted to clarify how industries or businesses that were in active operation under the current use as of October 2, 2011, would be considered.  Amend Section 53: Review of External Effects:  Delete review of external effects from I-2 section and include description of framework staff may utilize to request information considered useful for their review of proposals in Section 71: Special Use Permits Issued by the Board of County Commissioners.  Amend Section 71: Special Use Permits Issued by the Board of County Commissioners:  Encourage a pre-application conference with staff.  Require a pre-application community meeting to be hosted by the applicant.  Extend the ability to apply for an SUP from owner or owners of the subject property or their duly authorized agent to also include parties with an option to purchase or lease the property that is contingent on approval of the SUP.  Extend the application deadline from 20 business days to 55 calendar days.  Establish a 10 day period to review applications for completeness.  Added text that grants the applicant the right to be heard at the next scheduled Planning Board meeting if a complete application is confirmed. The applicant could still request a continuance if additional time is desired.  Establish a procedure and timeframe for information requests coming from staff.  Describe application requirements.  Explain applicant’s burden to present evidence.  Correct Traffic Impact Analysis (TIA) reference so that it is consistent with policy. In order to allow staff to adequately plan and manage workload and to assure that proposed timelines for application review can be met prior to the application deadline, staff recommends the following amendments be included in Section 71.1 along with the recommendation by the Planning Board:  No later than five (5) days after the application deadline.  In the event an application is submitted prior to the application deadline and the applicant wishes for the application to be reviewed for completeness, a request for such review shall be submitted in writing to the Planning and Inspections Director. The Planning and Inspections Director will evaluate the request based on staff availability. If the request is granted, then the Planning and Inspections Director shall arrange for the timely review of the application. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 95 After a period of discussion with the Board and the Planning and Inspections Director for further clarification of the amendments, Chairman White invited those in favor of the proposed text amendments to make comments.  Scott Satterfield, Wilmington Business Development, requested the Board to adopt the proposed amendments to give more clarity in the regulations for companies who are looking to move into the area. More businesses will bring more jobs, which will increase the tax base.  Hal Kitchin, Chamber of Commerce, spoke in support of the proposed amendments that were unanimously approved by the Planning Board. He expressed concern that the current process may deter new businesses or existing businesses from expanding into our area. New industries need to have a clearly defined process in knowing how long it will take and what information would be required before getting an approval. The proposed revisions address some issues but not all of the opened-ended threats for industries coming into the area. He urged the Board to approve the text amendments in order to clarify the process.  Steve Hall, Realtor Commercial Alliance, requested approval of the text amendments which would encourage large employers to come to the County and provide well-paying jobs which would add to the tax base. He was concerned that major industries may not consider New Hanover County because of the risk factor associated with the public disclosure requirement and the current SUP process.  Bob Warwick, Coalition of Economic Advancement, spoke on his involvement in recruiting industrial development in New Hanover County for 50 years stating that since 2011, no industry has located in the County because of the current SUP process. He has been told by several site selectors, including Mr. Garner in his report, that industries would consider Brunswick or Pender Counties before building in New Hanover County; however, workers may choose to live here and their children would go to County schools, which would require building more schools. He urged the Board to approve the proposed amendments which clarifies the SUP process.  Tyler Newman, Business Alliance for a Sound Economy, spoke in support of the amendments and requested the Board consider amending the process to be less stringent for small commercial uses, such as convenience store, cell tower, church, and day care in a residential area. Chairman White invited those in opposition of the proposed text amendments to make comments.  Randy Crow, concerned citizen of Kelly, NC, spoke on the need to protect water quality and have clean fuel to protect our environment.  Rob Zapple, resident of Honeycutt Drive, spoke on agreeing with some of the proposed amendments but felt some would weaken important environmental regulations and increase pollution to our air and water supply. He called for the Board to continue the item for further information when the comprehensive plan process is completed.  Tom Conway, resident of Quail Roost Circle, spoke on the need to allow a thriving industrial base while protecting the environment and asked that the Board retain the current regulations.  Laura Kellogg, resident of Bloomfield Lane, spoke on the need to have strong regulations to keep clean air for a healthy environment.  Paul Czesak, resident of Shell Road Village Drive, opposed the proposed amendments that support special interest groups and discriminates against the majority of the citizens who are not in favor of proposed amendments.  Kevin Cannon, a local physician and business owner, spoke in support of stronger SUP regulations for industries in order to protect our quality of life.  Ashley Daniels, resident of Strickland Place, spoke in support of having stronger regulations to protect the environment and asked those in agreement to stand with her as many were unable to speak. In rebuttal from those in favor of the amendments:  Mr. Kitchin spoke on the importance of finding good industrial jobs for the area and to clarify the process so that new businesses would be able to determine what is required to do business in the County. He requested the Board to approve the text amendments.  Dr. Bette Bauereis, resident of Porters Neck neighborhood, suggested two changes to the amendments: a pre-application conference should be required to make sure that a new business understands the process and a public meeting should also be required instead of recommended. In rebuttal from those in opposition to the amendments:  James Nesbitt, resident of Mason Knoll Drive, urged the business community and the environmentalists to work together to improve the regulations in order to protect the quality of life and help the developers.  Mike Giles, NC Coastal Federation, spoke on the need for further clarification of the SUP process, saying that an applicant should be required to provide certain detailed information in the narrative; provide any information requested by County staff; and that staff revisit Section 44.1, 52.8 and 53.8 on allowing grandfathered approval for existing industries to expand.  Tracy Skrabal, NC Coastal Federation, spoke on her concern that many of the proposed changes seem to be the result of a concerted effort by heavy polluters and their supporters to weaken the current special use permit process. The current regulations allow existing industries to expand and increase pollution with little regard to the environment. Because of failed regulatory oversight in the past, the County has had many industrial superfund sites costing millions of taxpayer dollars to clean up. She urged the Board to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 96 protect the community and adopt stronger regulations to stop industries that would come and pollute our air and water supply. Hearing no further comments, Chairman White closed the Public Hearing and requested direction from the Board. Commissioner Barfield commented that as a Commissioner he took his oath of office to represent all of his constituents and not just a particular group of people. It is important for everyone to understand that the Commissioners are making judgments on rules on behalf of all the community. Commissioner Wolfe commented that the County is facing a 16 percent tax increase in property taxes to pay the debt of the proposed schools bond referendum and current bond debt for Cape Fear Community College. The Commissioners are looking for new industries to come to the County that would preserve our air and water quality and provide well-paying jobs for our people. He supported the proposed text amendments that clarify the rules for new businesses wanting to come to New Hanover County. Vice-Chair Dawson expressed appreciation for the amount of work that the public and staff had done in crafting the proposed text amendments and for the number of people participating in the Public Hearing. However, she had concerns about some of the changes, in particular the elimination of the external effects in the narrative but was pleased with timeframe requirements and the expanded table of permitted uses. Before any more work is done on the text amendments, she felt that Staff needs to complete the long range comprehensive plan, update the CAMA Land Use Plan and consider parts of the Garner Report. The requirements of the SUP process could be incorporated into the Comprehensive Plan. She said that she would not be able to support the proposed changes at this time. Chairman White thanked everyone for attending the meeting and being a part of the Public Hearing process. He requested direction from the Board. Motion : Commissioner Wolfe MOVED, SECONDED by Chairman White, to amend Sections 13, 23, 44, 50, 53, and 71 of the Zoning Ordinance as it relates to the Special Use Permit process as presented. Vice-Chair Dawson and Commissioner Barfield voted in opposition. Chairman White stated THE MOTION DID NOT CARRY WITH A 2- 2 VOTE. REMOVAL OF URBAN SERVICES BOUNDARY: ESTABLISHING AN EXCEPTION POLICY Chairman White reported that Regular Agenda Item 14 – Removal of Urban Services Boundary: Establishing an Exception Policy has been removed from the agenda. ADOPTION OF RESOLUTION ACCEPTING THE GARNER ECONOMICS TARGET ANALYSIS REPORT Assistant County Manager Tim Burgess presented the request for the Board’s consideration to adopt the resolution accepting the Garner Economics Target Analysis report which was commissioned to look at the future economic development of the county and the industries that should be targeted. The report included four recommended targets that include life and marine; high value office operations; precision manufacturing; and aircraft assembly, modification and maintenance. The report also included 21 recommendations for consideration. The Board is being requested to accept the report so that staff can move to the next phase which will be an implementation phase. The Wilmington City Council is scheduled to consider accepting the Report at their meeting on June 3, 2014. Chairman White requested direction from the Board. Motion : Commissioner Wolfe MOVED, SECONDED by Chairman White, to adopt the resolution accepting the Garner Economics Target Analysis Report and endorsing the implementation phase to be conducted in partnership with the private sector as presented. Vice-Chair Dawson offered an amendment to the motion to adopt the resolution accepting the Garner Economics Target Analysis Report as presented removing the verbiage in the last paragraph “and endorses the implementation phase to be conducted in partnership with private sector.” Commissioner Wolfe and Chairman White accepted the substitute motion as presented by Vice-Chair Dawson. Substitute Motion : Commissioner Wolfe MOVED, SECONDED by Chairman White, to adopt the resolution accepting the Garner Economics Target Analysis Report removing the verbiage in the last paragraph “and endorses the implementation phase to be conducted in partnership with private sector.” Upon vote, the MOTION CARRIED 4 TO 0. In reference to moving forward with the implementation phase of the Report, Vice-Chair Dawson suggested that the Board and City Council appoint 50/50 of the members of the committee with the total number to be determined to oversee the implementation phase report. Staff would be responsible for taking the names of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JUNE 2, 2014 PAGE 97 interested persons, letters of interest or applications to include members from the private sector as well as stakeholders from organizations from the original steering committee. Motion: Vice-Chair Dawson MOVED that 50% of the Next Steps Committee be appointed by the Board of County Commissioners and 50% be appointed by the Wilmington City Council to include citizens from the private sector as well as stakeholders from organizations from the original steering committee. The MOTION FAILED DUE TO LACK OF A SECOND. Chairman White stated that staff will carry on as discussed with the City of Wilmington. Vice-Chair Dawson stated her preference that the Board of Commissioners and Wilmington City Council oversee the implementation of the recommendations by being involved and appointing the next step committee members as opposed to delegating the task to staff. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XXXVIII, Page 11.5. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. MARQUIS HILL AND HERITAGE PARK PROJECTS WATER AND SEWER UPDATE County Manager Chris Coudriet reported that the Cape Fear Public Utility Authority will be considering awarding the contracts for construction on the Marquis Hill and Heritage Park water and sewer projects at their June 11, 2014 meeting. Between the two projects, they are within the budget authorized by the Board of Commissioners. SOLID WASTE UPDATE County Manager Chris Coudriet reported that the Board will be receiving information from staff addressing assumptions made by Waste Industries in their presentation at the May 19, 2014 meeting in reference to business models. ADJOURNMENT Hearing no further business, Chairman White adjourned the meeting at 10:35 p.m. Respectfully submitted, Teresa P. Elmore Deputy 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.