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2014-07-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 113 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 21, 2014, at 4:00 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 Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Shawn Blackwelder, St. Paul's United Methodist Church, provided the invocation and Vice–Chair Dawson 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 Vice-Chair Dawson, 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 June 12, 2014 Regular Meeting held on June 16, 2014 Closed Session Meeting held on June 16, 2014 Adoption of Purple Heart Day in New Hanover County Proclamation – Governing Body The Commissioners adopted the proclamation declaring August 9, 2014 as Purple Heart Day in New Hanover County. The proclamation was given to William Ebersbach, Commander of the Cape Fear Chapter of the Military Order of the Purple Heart. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.1. Appointment of Commissioner Barfield as Voting Delegate to the 2014 North Carolina Association of County Commissioners Annual Conference – Governing Body The Commissioners appointed Commissioner Barfield as Voting Delegate to the 2014 North Carolina Association of County Commissioners Annual Conference to be held in Buncombe County, N.C., on August 14–17, 2014. Acknowledgement of New Hanover County State of Emergency Proclamation and Termination of State of Emergency Proclamation – Governing Body The Commissioners acknowledged the New Hanover County State of Emergency Proclamation that was put into effect on July 3, 2014 at 10:00 a.m. due to the approaching Hurricane “Arthur” and the termination of State of Emergency Proclamation as of July 4, 2014 at 10:00 a.m. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 13.2. Adoption of Resolution Establishing Rules and Regulations for Inmate Work Projects in New Hanover County Detention Facilities – Sheriff’s Office The Commissioners adopted the resolution establishing rules and regulations for inmate work projects in New Hanover County Detention Facilities. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.3. Adoption of Resolution and Budget Ordinance Amendment 15-004 Contracting with Carolina Recording Systems for a Digital Logging Recorder System – Emergency Management The Commissioners adopted the resolution awarding the contract to Carolina Recording Systems (CRS) in the amount of $189,995 for a digital logging recorder system and Budget Ordinance Amendment 15-004. A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 114 Adoption of Resolution and Budget Ordinance Amendment 15-001 Authorizing the Purchase of Roll–off Containers from Bakers Waste Equipment – Environmental Management The Commissioners adopted the resolution and Budget Ordinance Amendment 15-001 authorizing the purchase of twenty–one roll–off containers from Bakers Waste Equipment in the amount of $125,427. Seven containers will be used for recycling collections at the Wrightsville Beach recycling drop–off site; the remaining fourteen will be used at the County Landfill's construction and demolition material collection site. A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.5. Approval of Waiver of Landfill Tipping Fees for the Interfaith Refugee Ministry of Wilmington – Environmental Management The Commissioners approved waiving the landfill tipping fees for the Interfaith Refugee Ministry of Wilmington with a maximum of five tons per year which is in the total amount of $275 at the tipping fee of $55 per ton. This is the first landfill tipping fee waiver request submitted for FY14–15; a total of tipping fees in the amount of $97,810 were waived for FY13–14. New Hanover County Board of Education General Fund Budget Amendment #10 – Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved General Fund Budget Amendment #10 appropriating fund balance in the amount of $150,000 to cover increases in Charter School payments. A copy of the budget amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendment – Budget Department The Commissioners adopted Budget Ordinance Amendment 15-003 – Health Department – amending the annual budget ordinance for the fiscal year ending June 30, 2015. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.6. REGULAR ITEMS OF BUSINESS Commissioner Barfield recognized student Ashley Reece, who will be attending the NCACC Annual Conference in August with the 4-H Club for learning opportunities; Chairman White recognized the Carolina Beach Mayor and Town Council members, Sheriff McMahon and student Lauryn Ameri, thanked her for being involved in state and local government and wished her well in her future endeavors. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS County Manager Chris Coudriet requested the following retirees to step forward to receive their retirement award: Audrey Burgess – Property Management Ruth Haas – Cape Fear Museum Colonel Stephen (Arch) Jones – Sheriff’s Office On behalf of the Board, Chairman White presented a retirement award to each person and expressed appreciation and thanked them for their years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager Chris Coudriet requested the following employees to step forward to receive service awards: Five Year: Marilyn Costen – Social Services Christopher Preston – Community Justice Services Allison Thigpen – Social Services Ten Year: Roger Kelly – Tax Mary Kleinfeldt – Library Stephanie Limoges – Social Services Stephanie McGrew – Social Services Linda Painter – Planning and Inspections Paul Prince – Property Management Holly Royals – Social Services Danny Singletary – Property Management Kristen Skinner – Emergency Management/911 Amber Smith – Social Services Fifteen Year: Wanda Marino – Social Services Dawn Williams – Emergency Management/911 Twenty Year: James Croom – Sheriff Barbara McClure – Finance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 115 Pamela Nelson – Social Services John Timmerman – Museum Nikki Todd – Health Kara Toney – Social Services Twenty–Five Year: Celeste Chadwick – Social Services Deborah Cottle – Emergency Management/911 Mark Francolini – Human Resources Pamela Howell – Information Technology Sharon Terrell – Tax On behalf of the Board, Chairman White presented a service award to each employee, expressed appreciation, and thanked them for their years of dedicated service. PRESENTATION OF ANNUAL SAFETY AWARDS County Manager Chris Coudriet recognized the following departments which are recipients of a North Carolina Department of Labor Safety Award for 2013; the awards are based on injury frequency as judged against a national standard of similar organizations: st Silver Award 1 Year: Sheriff’s Office nd Silver Award 2 Year: Library Environmental Management th Silver Award 4 Year: Fire Services st Gold Award 1 Year: Parks & Gardens Senior Resource Center rd Gold Award 3 Year: Cape Fear Museum Community Justice Services Social Services Health Department Register of Deeds Tax Department th Gold Award 6 Year: Engineering Department th Gold Award 12 Year: Public Safety Communications nd Gold Award 22 Year: Information Technology th Gold Award 26 Year: Human Resources th Gold Award 29 Year: Finance Department On behalf of the Board, Chairman White recognized the departments for their contribution to the County. AIRLIE GARDENS FOUNDATION, INC. BOARD OF DIRECTORS ANNUAL UPDATE Airlie Gardens Foundation, Inc. Board of Directors President Vivian “Zeke” Partin presented the annual update highlighting the following:  Airlie Gardens is one of New Hanover County’s crowned jewels.  Foundation Mission:  An eleven-member board serves in advisory capacity to gardens staff and County Commissioners.  Maintain an endowment.  Solicit donations and sponsorships.  Support funding of capital improvements at Airlie Gardens.  New Board Meeting Processes:  All senior staff to attend board meetings.  A staff person featured at board meetings.  Board meetings held at variety of locations in the garden.  FY13-14 Financial Information:  Revenue from events, gate, rentals, and grants was $660,000 with operational expenses of $430,000.  Membership revenues grew 12% generating over $152,000.  Gate revenues up over 12%, totaling over $151,000.  Active membership totals reached over 2,000.  Wedding revenue $91,000.  Endowment balance approximately $2.3 million.  Garden Statistics:  More than 100,000 visitors come to Airlie Gardens each year. Visitors come from all 50 states and 36 countries. The Convention and Visitors Bureau estimates that each visitor spends $50 per day on non-hotel expenditures.  Hosted 38 weddings and special events.  Environmental Education program lead more than 7,000 students.  Welcomed thousands of NHC residents during County Free Day.  Featured Events: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 116  One of the premier tourist attractions in NHC. Consistently rate in the Top 3 Tourist Attractions according to: Greater Wilmington Business Journal, Encore Magazine, and StarNews.  Enchanted Airlie has been voted a Top 20 Event by the Southeastern Tourism Society.  Enchanted Airlie, Summer Concert Series, and the Airlie Oyster Roast hosted over 60,000 guests.  Garden Enhancements:  Restoration of historic Airlie front gate (circa 1700’s).  Sidewalk and traffic circle improvements.  Marketing and Outreach:  Airlie’s social networking presence continues to grow with Facebook, Twitter, Pinterest, Four Square and Instagram. More than 13,700 people have signed up for our emails and have over 6,800 Facebook friends.  Airlie Foundation Board honored with Association of Fundraising Professionals Cape Fear Chapter Non Profit Board of the Year Award.  Civic Club presentations. In closing, the Airlie Gardens Foundation Board of Directors is committed to preserving this historic treasure and the mission of Airlie Gardens for our citizens and visitors. On behalf of the Board, Chairman White thanked Ms. Partin for the update. NEW HANOVER COUNTY PARKS AND RECREATION ADVISORY BOARD ANNUAL UPDATE New Hanover County Parks and Recreation Advisory Board Chairman Andy Mills presented the annual update highlighting the following information:  The Parks and Recreation Advisory Board consists of 8 members and holds an open meeting the first Wednesday of every month at 8:00 a.m. at the New Hanover County Government Center with the purpose to make recommendations for park improvements, discuss park policy and serve as a liaison for citizens of the county.  The Parks and Gardens Department is charged with the responsibility of efficiently maintaining over 25 parks and athletic facilities. We manage over 1,300 acres of green space, sporting areas, boat ramps, fishing areas, public spaces, walking trails and non-park properties.  FY13-14 Accomplishments:  Completion of Hugh MacRae Park restroom project, Hugh MacRae and Veterans Park facility renovations, and the Hugh MacRae Nature Trail resurfacing.  Worked with staff to develop Naming and Sponsorship policies for new parks and facilities as well as update fee schedule.  FY14-15 Goals:  Complete Phase 1 additions at Northern Regional Park (Castle Hayne).  Introduction of new Parks & Gardens website.  Expansion of multi-use trail opportunities.  Continue to build relationships with outside agencies and organizations. In closing, Parks and Recreation Advisory Board members are committed to ensuring safe, functional and aesthetically pleasing parks for all citizens and visitors of New Hanover County. On behalf of the Board, Chairman White thanked Mr. Mills for the presentation. APPROVAL TO RETAIN CAROLINA BEACH HISTORICAL MAINTENANCE CYCLE AND PARTICIPATE IN THE FISCAL YEAR 2016 PROJECT Shore Protection Manager Layton Bedsole reported that in May 2014, the Board approved participating in a final Federal Carolina Beach Coastal Storm Damage Reduction (CSDR) Project and allocated $1.86 million from the Room Occupancy Tax fund for the project with a caveat of pending language in the 2014 Water Resources Reform Development Act (WRRDA). The project, as proposed by the United States Army Corps of Engineers (USACE), was to be contracted and constructed in the fall/winter of 2014-2015. In June, the US Congress passed the WRRDA 2014 which included language of a three-year extension for the Carolina Beach CSDR Project. With the extension, the USACE can now retain the project’s historical cycle and potentially include the contract bundling of the Carolina and Kure Beach projects for construction in FY 2016. State funds will be carried forward and staff will continue to advocate for additional funding. Staff is recommending, in coordination with the USACE, to retain Carolina Beach’s historical maintenance cycle and participate in the next Carolina Beach project in FY 2016. In response to Board questions, Manager Bedsole stated that the $4.8 million funding identified by the US Army Corps of Engineers will be available in FY16 and have been approved for Carolina Beach. It will not be used for any other projects. Chairman White requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 117 Motion : Commissioner Wolfe MOVED, SECONDED by Commissioner Barfield, to return the Carolina Beach project to its historical maintenance cycle and participate in the next Carolina Beach Coastal Storm Damage Reduction project as presented. Upon vote, the MOTION CARRIED 4 TO 0. ADOPTION OF CAPITAL PROJECT ORDINANCE ESTABLISHING NEW HANOVER COUNTY SCHOOLS CAPITAL PROJECT FUND AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 15–002 APPROPRIATING FUNDS IN THE AMOUNT OF $782,677 Finance Director Lisa Wurtzbacher presented the request for the Board’s consideration to adopt the Capital Project Ordinance establishing the Schools Capital Project Fund and Budget Ordinance Amendment 15–002 to appropriate fund balance in the amount of $782,677. The New Hanover County Board of Education presented to the Board their list of critical projects for the proposed $160 million bond referendum. The list included a new 595–student elementary school proposed to be located in the northeastern part of the County. In order to begin the design phase of the elementary school, the Board is being requested to adopt the Capital Project Fund and related Budget Ordinance Amendment 15–002 in the amount of $782,677. If the $160 million bond referendum is approved by the voters in the fall, a budget ordinance amendment will be presented to the Board increasing the Schools Capital Project Fund for additional projects on the Board of Education's critical needs list. If the bond referendum is unsuccessful, funds will be appropriated by a budget amendment from other County sources to complete the school. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the Capital Project Ordinance establishing the Schools Capital Project Fund and Budget Ordinance Amendment 15–002 to appropriate fund balance in the amount of $782,677 as presented. Upon vote, the MOTION CARRIED 4 TO 0. Copies of the capital project ordinance and budget ordinance amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 13.7. INTRODUCTION OF BOND ORDER AUTHORIZING THE ISSUANCE OF $160,000,000 GENERAL OBLIGATION SCHOOL BONDS AND ADOPTION OF RESOLUTION APPROVING THE PUBLIC HEARING ON SAID BOND ORDER Finance Director Lisa Wurtzbacher reported that the Commissioners, at the June 2, 2014 meeting approved moving forward with steps for a bond referendum to provide facilities for the New Hanover County Schools (Schools) highlighting the following information:  Requested actions include:  Introduce Bond Order  Call Public Hearing to be scheduled for August 11, 2014  Direct staff to file Statement of Debt  Use of Bond Proceeds for the following projects:  New elementary school - $16,917,525  Off-site infrastructure improvements, utilities and fees - $604,197  College Park Elementary School replacement - $17,512,722  District-wide building systems infrastructure improvements - $17,460,637  Blair Elementary School replacement - $17,521,722  Laney High School additions and renovations - $10,875,552  District-wide technology improvements - $9,848,416  Hoggard High School additions - $16,917,525  New Hanover High School building C renovations - $5,437,776  Roland Grise Middle School renovations - $12,010,725  Noble Middle School renovations - $8,143,864  Trask Middle School renovations - $10,198,133  Myrtle Grove Middle School renovations - $8,989,740  Wrightsville Beach Elementary School additions and renovations - $7,522,466  Total - $160,000,000  Tax Rate Impact:  Average tax rate impact of 3 cents over the 20 year life of the debt; tax rate required ranges from less than .5 cent to 4.5 cents  Debt service reserve fund to be established in Fiscal Year 2016; dedicated tax rate to provide the revenues for the debt service beginning at 4 cents and declining over the 20 year life of the debt  Next Steps for August 11, 2014:  Conduct Public Hearing  Adopt Bond Order  Call for Election Chairman White stated that before the Board is a Bond Order authorizing the issuance of general obligation bonds for school facilities in the maximum aggregate principal amount of $160,000,000. This Bond Order is hereby introduced and the text of it will be entered into the minutes of this meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 118 Also before the Board is a resolution regarding a Bond Order authorizing the issuance of $160,000,000 general obligation school bond, setting a public hearing thereon and directing publication of a Notice of Public Hearing. The Bonds shall pay the costs of constructing, improving, and renovating school facilities, specifically including the construction and renovation of classroom facilities and district-wide improvements. The Bond Order introduced today, if adopted, authorizes the Board of Commissioners to raise the money required to pay for the school facilities, with a maximum aggregate principal amount of $160,000,000, and levy a tax sufficient to pay the principal of and interest on the general obligation school bonds when they become due. The Bond Order, if adopted, will take effect if approved by the voters of the County at a referendum scheduled for November 4, 2014. Staff is directed to publish a Notice of Public Hearing on the bonds and is directed to file with the Clerk to the Board a sworn statement of the County’s debt prior to publishing a Notice of Public Hearing. Chairman White requested a motion to adopt the resolution. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the resolution, with signature changes, authorizing the issuance of $160,000,000 general obligation School bond and the related Bond Order as presented. Upon vote, the MOTION CARRIED 3 TO 1. Chairman White voted in opposition. Copies of the bond order and resolution are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 13.8. ADOPTION OF RESOLUTION APPROVING THE PURCHASE PRICE FOR APPROXIMATELY 79.69 ACRES OF PROPERTY LOCATED AT 5301 SIDBURY ROAD IN THE AMOUNT OF $3,600,000 FOR NEW HANOVER COUNTY SCHOOLS Finance Director Lisa Wurtzbacher reported that the New Hanover County Board of Education is prepared to purchase property to serve as a swing site for students during the replacement of Blair Elementary and College Park Elementary schools. After the replacement of those schools is complete, the site can serve as a middle school or a 9th grade center for Laney High School. The property is located at 5301 Sidbury Road in Castle Hayne and was formerly The Rock Church. The property purchase includes approximately 79.69 acres of land with a 52,484 square foot building and various other site improvements. The property has been appraised at $4,000,000 and the purchase price of the property is $3,600,000. A contract has been signed by the School’s Superintendent to purchase the property approved by the Board of Education at their June 3, 2014 meeting. Per North Carolina General Statute 115C–426(f), the Board of County Commissioners must approve the purchase price of the site. The purchase of this property will not require use of County funds and will instead be purchased by New Hanover County Schools through use of their fund balance. Chairman White requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to adopt the resolution approving the purchase price for approximately 79.69 acres of property with a 52,484 square foot building and various other site improvements located at 5301 Sidbury Road in Castle Hayne in the amount of $3,600,000 for New Hanover County Schools as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 13.9. COMMITTEE APPOINTMENTS Cape Fear Community College Board of Trustees Chairman White reported that one vacancy exists on the Cape Fear Community College Board of Trustees with twelve applications available for consideration. Vice-Chair Dawson nominated Vivian (Zeke) Partin for appointment. No second was received. Commissioner Wolfe nominated Mary Lyons Mitchell for appointment. The nomination was seconded by Commissioner Barfield. Vote Results: The Board voted 3 to 1 to appoint Mary Lyons Mitchell to a four year term on the Cape Fear Community College Board of Trustees with the term to expire on June 30, 2018. Chairman White, Commissioner Barfield and Commissioner Wolfe voted in favor. Planning Board Chairman White reported that two vacancies exist on the Planning Board with twelve applications available for consideration. One is for a three year term expiring July 31, 2017 and the other is for an unexpired term expiring July 31, 2015. Commissioner Barfield nominated Anthony Prinz for appointment to a three year term expiring July 31, 2017. The nomination was seconded by Commissioner Wolfe. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 119 Vice-Chair Dawson nominated Earnest W. Olds for appointment to a three year term expiring July 31, 2017. No second was received. Commissioner Barfield nominated Thomas “Jordy” Rawl for appointment for an unexpired term expiring July 31, 2015. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 3 to 1 to appoint Anthony Prinz to serve a three year term on the Planning Board with the term to expire on July 31, 2017. Chairman White, Commissioner Barfield and Commissioner Wolfe voted in favor. Vote Results: The Board voted 3 to 1 to appoint Thomas “Jordy” Rawl to serve an unexpired term on the Planning Board with the term to expire on July 31, 2015. Chairman White, Commissioner Barfield and Commissioner Wolfe voted in favor. Parks Conservancy Board of Directors Chairman White reported that one vacancy exists on the Parks Conservancy Board of Directors with one application available for consideration. Commissioner Barfield nominated Janeth Dill for appointment. The nomination was seconded by Commissioner Wolfe. Vote Results: The Board voted 4 to 0 to appoint Janeth Dill to a three year term on the Parks Conservancy Board of Directors with the term to expire on June 30, 2017. BREAK Chairman White called for a break from 5:15 p.m. to 5:25 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY MICHAEL SHEPARD TO REZONE THREE ACRES OF PROPERTY LOCATED AT 5525 BLUE CLAY ROAD FROM I-1, LIGHT INDUSTRIAL, TO R-15, RESIDENTIAL DISTRICT (Z-932, 6/14) Chairman White opened the public hearing and requested staff to make the presentation. Current Planner Ben Andrea presented the request by Michael Shepard to rezone 3 acres located at 5525 Blue Clay Road from I-1, Light Industrial, to R-15, Residential District and presented a slide overview of the request. Because this is not a conditional rezoning or conditional use rezoning, the future use of the parcel will be open to the uses allowed by right and by Special Use Permit in the R-15 zoning district. The Planning Board at their June 5, 2014 meeting voted 5-0 to recommend approval of the rezoning request. No one from the public spoke in support or in opposition of the rezoning request. Staff also recommends approval. Chairman White stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments. The Petitioner, Michael Shepard in response to Board questions, confirmed that he was requesting the property to be rezoned from I-1 back to R-15. He confirmed that he understood that the properties around the site would remain zoned as I-1 and have a wide range of permitted uses by right. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve the request by Michael Shepard to rezone 3 acres located at 5525 Blue Clay Road from I-1, Light Industrial, to R-15, Residential District as presented finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 7, 1972 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 38. PUBLIC HEARING AND CONSIDERATION OF REQUEST TO AMEND SECTION 62.2-3, PENALTY – WITHHOLDING OF PERMITS OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO AMEND PENALTIES ADDRESSING THE UNAUTHORIZED CLEARING OF TREES (A-419, 6/14) Chairman White opened the Public Hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Kenneth Vafier presented the request by L.P. Britton, Jr. to amend Section 62.2-3 of the Zoning Ordinance amending the penalty for withholding of permits when land clearing is done without first obtaining a tree removal permit from New Hanover County and presented a slide overview of the request. The Applicant’s proposed text amendment recommends providing additional measures to atone for tree clearing violations. In particular the Applicant is proposing a reduction in time for the withholding of permits in certain circumstances. In January 2014 during the review of a proposed commercial development located on a site on Chesterfield Road, staff discovered that unauthorized clearing had taken place on approximately 5 acres and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 120 numerous regulated and significant trees may have been removed without a tree removal permit or exemption as required by ordinance. All administrative options staff potentially had to rectify the violation were exhausted, but ultimately the ordinance did not provide any other administrative options to do so. At the February Zoning Board of Adjustment (ZBA) meeting, the Applicant applied for a variance to obtain relief from the governing provision. The proposal was continued to allow the Applicant additional time and opportunity to obtain some legal representation. At the March meeting the ZBA was unable to find affirmatively in the findings of fact required to grant a variance. However, the ZBA did agree that there should be some alternate penalty available other than the withholding of permits, something such as a reduction of time if there was an accompanying fee. Thus, the item was tabled for 120 days to allow the applicant to coordinate with staff on the text amendment that would accomplish these goals which we did indeed do. The Applicant proposes the following changes: Section 62.2-3Penalty-Withholding of Permits: : After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover County prior to removal of any regulated or significant tree or any timber harvest on property will result in the following: (1) A building permit, site plan approval or subdivision plan approval shall may be denied, subject to the following: (A) a period of up to six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and the harvest was performed by an independent professional tree removal company hired in good faith by the property owner or an agent of the owner; (AB) a period of up to three (3) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and does not meet the criteria in subsection 62.2-3(1)(A); or (BC) a period of up to five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract if the harvest was a willful violation of County regulations. (2) This enforcement provision shall run with the land. Therefore, change of ownership does not alleviate the penalty for unauthorized cutting of trees. The Planning Board, at their June 5, 2014 meeting, voted 3-2 to recommend approval of the following version: Section 62.2-3:Penalty-Withholding of Permits: After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover County prior to removal of any regulated or significant tree or any timber harvest on property will result in the following: (1) A building permit, site plan approval or subdivision plan approval shall may be denied, subject to the following: (A) a period of up to six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and the harvest was performed by an independent professional tree removal company hired in good faith by the property owner or an agent of the owner; (AB) a period of up to three (3) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract and does not meet the criteria in subsection 62.2-3(1)(A); or (BC) a period of up to five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract if the harvest was a willful violation of County regulations. (2) This enforcement provision shall run with the land. Therefore, change of ownership does not alleviate the penalty for unauthorized cutting of trees. Staff recommends language which omits a conflicting provision in Section 62.1-9(5) of the Zoning Ordinance as well as the differentiation between unintentional and willful violations. This version also contains a provision that would allow for a reduction in time for the withholding of development approvals if accompanied with the payment of a monetary fee to the County Tree Improvement Fund. Staff believes it is important to have a deterrent to unauthorized tree removal in order to preserve the intent of the tree protection regulations within the Zoning Ordinance. Staff recommends the following amendments: New Hanover County Zoning Ordinance Deletion recommendation: 62.1-9(5): Failure to obtain a tree removal permit prior to any timber harvest may result in a three or five year delay in obtaining a building permit or approval of any development or subdivision plan. (2/06/06) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 121 62.2-3: Penalty-Withholding of Permits: After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover County prior to removal of any regulated or significant tree or any timber harvest on property will result in the following: Recommended deletion: (1) A building permit, site plan approval or subdivision plan approval shall be denied, subject to the following: (A) a period of three (3) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all regulated or significant trees from the tract; or (B) a period five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract if the harvest was a willful violation of County regulations. Recommended addition: (1) If the harvest results in the removal of all or substantially all regulated or significant trees from the tract; one of the following penalties shall apply: (A) A building permit, site plan approval or subdivision plan approval shall be denied for a period of three (3) years after the completion of a timber harvest; or (B) A building permit, site plan approval or subdivision plan approval shall be denied for a period of six (6) months after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the regulated or significant trees from the tract and an accompanying fine of $10,000 per acre is submitted for payment to the New Hanover County Tree Improvement Fund. (2) This enforcement provision shall run with the land. Therefore, change of ownership does not alleviate the penalty for unauthorized cutting of trees. Chairman White invited the Applicant to make comments. Matt Nichols, attorney for the Applicant, provided a brief overview of the requested amendment highlighting the three changes being requested: 1) have the ordinance use the word “may” instead of “shall”; 2) instead of stating “a period of three (3) years…” use the phrasing of “a period of up to three (3) years” or “up to five (5) years”; and 3) the inclusion of a good faith exception. It was noted that the Applicant was not aware of the tree ordinance. Mr. Pat Britton relied on a reputable contractor who provided references for tree removal services and he hired a professional tree removal company to cut the trees. When the issue was discovered by the County, Mr. Britton took responsibility. Mr. Nichols asked the Board to consider the Planning Board’s recommendation if it was not inclined to approve the Applicant’s proposal. In response to Board questions, Planning and Inspections Director Chris O’Keefe stated that a tree removal company should obtain from the County a permit prior to tree removal. Since the ordinance was enacted in 2008, there have been one maybe two violations of the ordinance. Most areas, particularly urbanized areas like New Hanover County, have a tree protection in place and a process that has to be completed. A brief discussion was held about the cost if the Applicant was aware of the ordinance and worked to comply with it. Mr. Vafier reported that when staff conducted the initial site assessment a basic technique with a tape measure to measure the stumps and subtracting generally two to three inches to account for the height that the diameter would be measured from and recorded 26 significant trees which, when plugged into the formula, would equal approximately $123,000 if the payment in lieu were paid for in total. At a Zoning Board of Adjustment meeting, a survey was produced by a licensed surveyor, with a handwritten note indicating 44 significant trees. Using data that staff recorded, 26 significant trees at a minimum diameter of 24 inches equates to a cost of $122,720. This is typically rectified in a combination of mitigation planting of additional trees on the site. If they planted a number of trees that totaled around 600 caliper inches, the mitigation would be 50 percent less. He confirmed that $10,000 penalty is proposed as a draconian 3 year prohibition of using the property. If this is done unintentionally, 3 years is a penalty that certainly affects the property owner in a substantial way. So should that happen and the time is reduced, staff feels there should still be an associated penalty. If this issue had occurred in the city, there is an opportunity to pay a fee on top of mitigation which is $400 per tree or $50 per caliper inch of tree regulated or significant tree that is removed. Mr. Russ Britton made a brief statement that the property is in an industrial park, his father unknowingly cut the trees and he felt the fine excessive. He reported that a professional opinion letter from Land Management which surveyed the trees took 3 inches off the stump is forthcoming and may state they ran out of significant trees. In response to response to questions, Director O’Keefe reported when the ordinance was enacted the Commissioners voted on this particular language, shall is what was decided. He did not believe “may” was discussed and that “shall” was the direction the County wanted to take because this was an issue that was of top concern at the time. As no one had signed up to speak in opposition of the request, Chairman White closed the Public Hearing and opened the floor up for discussion and direction from the Board. The Board held a brief discussion on the three recommendations presented, what occurred on the property that precipitated the request, potential legislation that may affect the County Tree Ordinances, and the need to have input from the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 122 In response to questions, Supervisor Vafier reported that no permits have been issued for the site and as such it is not permitted for any kind of land use in conjunction with a business. The Zoning Ordinance clearly states that due to the clearing that took place the County cannot issue a building permit, site plan approval or development approval for a period of 3 years. In approximately February and again recently when activity was noticed, the Applicant was cautioned it could not be used in conjunction with the development. In response to questions, Assistant County Attorney Sharon Huffman confirmed that if there was a text amendment that changed it to “may”, staff could enact the prohibition for up to 3 years or up to 5 years or provided for the $10,000 an acre. The Applicant could come back and ask for a waiver to the ordinance when they came back with their site plan. Chairman White called for a motion from the Board to amend Section 62.2-3, Penalty – Withholding of Permits based on one of three recommendations. Hearing no motion, he confirmed that the current ordinance remains in effect. PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS TO REZONE 6.9 ACRES OF PROPERTY LOCATED AT 5112 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL DISTRICT, TO CZD B-2, BUSINESS DISTRICT CONDITIONAL ZONING DISTRICT, FOR THE USE OF RETAIL, SELF-STORAGE, AND RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE (Z-933,6/14) Chairman White opened the public hearing and requested staff to make the presentation. Current Planner Ben Andrea presented the request by Cindee Wolf of Design Solutions to rezone 6.9 acres located at 5112 Carolina Beach Road from R-15, Residential District, to CZD B-2, Business District Conditional Zoning District, for the use of retail, self-storage, and recreational vehicle and boat trailer storage and presented a slide overview of the request. The Planning Board, at their June 5, 2014 meeting, voted 5-0 to recommend approval of the rezoning request. One neighboring property owner spoke in support of the rezoning and no one from the public spoke in opposition of the request. Staff recommends approval based on the fact that the rezoning would allow for a logical expansion of the existing adjacent storage business onto a parcel that is not best suited for residential development and with minimal impact to any surrounding residential uses. In response to Board questions, Current Planner Andrea stated that the parcel has transferred hands and is now owned by the same owners of the adjacent storage facility. Chairman White stated that no one had signed up to speak in opposition to the request and invited the Petitioner to make comments. The Petitioner, Cindee Wolf provided an overview of the request highlighting that the site plan is in compliance with all the requirements and this expansion will mimic the same architectural features, the same overplanting of landscaping and aesthetics. It is thought that the front building is envisioned as a specialty type retail location similar to Blue Moon Gallery where spaces are leased individually for either consignment or craft sales. On behalf of the property owners, she agreed with staff findings and believes that this petition is consistent with the policies and guidelines the land use plan recommends and would seek Board approval. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve the request by Cindee Wolf of Design Solutions to rezone 6.9 acres located at 5112 Carolina Beach Road from R-15, Residential District, to CZD B-2, Business District Conditional Zoning District, for the use of retail, self-storage, and recreational vehicle and boat trailer storage as presented finding that the request is: 1) consistent with the Land Use Plan; and 2) reasonable and in the public interest. Upon vote, the MOTION CARRIED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 98. PUBLIC COMMENTS ON NON–AGENDA ITEMS Chairman White reported that no one had signed up to speak on non–agenda items. UPDATE ON CAPITAL IMPROVEMENT PROJECTS AND MEETING REMINDER County Manager Coudriet reported with two downtown projects and the renovation of the former CoastalCare Mental Health Facility into clinic space for the Health Department currently underway, the County has three significant capital improvement projects that will improve facilities within the community. He also reported th that the Board has one meeting scheduled for next month on August 11 and it is intended to start at 4:00 p.m. Staff might like to have the discretion of recommending an earlier starting time if the agenda is significant in terms of size and action items. ADJOURNMENT Hearing no further business, Chairman White adjourned the meeting at 6:40 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 21, 2014 PAGE 123 Respectfully submitted, Kymberleigh G. Crowell 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.