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2014-12-01 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 189 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 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 Manager Chris Coudriet; County Attorney Wanda Copley; and Interim Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Ernest T. Thompson, III, Pastor, First Presbyterian Church, provided the invocation and Commissioner Wolfe led the audience in the Pledge of Allegiance to the Flag. POSTPONEMENT OF ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Chairman White reported that because of legal issues surrounding the election for the Commissioners’ race, the Board is considering whether to postpone the election of Chairman and Vice-Chairman for the ensuing year. State law states that the Chairman and Vice-Chairman shall be elected on the first Monday in December of each even-numbered year and in an odd year, the first meeting in December. However, when considering the purpose of the law, it appears that the legislators intended the newly elected Commissioners to be a part of voting on its leadership. The current Board of Commissioners believes the right thing to do is to postpone election of its officers until the Board has a full five-member board that reflects the will of the electorate from the last election. He requested direction from the Board. Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, that the election of Chairman and Vice-Chairman as set forth in General Statute 153A-39 be held at such time as the two Commissioners-elect, Rob Zapple and Skip Watkins, are eligible to be sworn in following certification by the State Board of Elections and duly sworn in and seated to the body. This action shall further the public interest by allowing the public’s recent choice of new members to participate in determining Board officers. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White commented that unfortunately due to the circumstances the newly elected commissioners Skip Watkins and Rob Zapple were unable to be seated at this time; however, he congratulated them on winning the election. APPROVAL OF MINUTES Chairman White requested a motion to approve the minutes of the following meetings: Agenda Review Meeting held on November 13, 2014 Regular Meeting held on November 17, 2014 Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to approve the minutes as presented by the Clerk to the Board. Upon vote, the MOTION CARRIED 4 TO 0. Chairman White recognized and welcomed Wilmington Police Chief Ralph Evangelous and newly sworn in Sheriff Ed McMahon to the meeting. 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. Approval of Merit Compensation for General Commissioner Barfield requested Consent Item 9 Manager and CEO of ABC Board be pulled for discussion. Hearing no further comments, Chairman White requested a motion to approve Consent Items 1 through 8 as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Wolfe, to approve Consent Items 1 through 8 of the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Soaring Spirit Drive, Fawn Settle Drive and Settlers Dream Place located within Deer Crossing Subdivision (Phase 1, Section 5) in New Hanover County (Division File No. 1209-N) to the state road system. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 20.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 190 Adoption of a Resolution Supporting Improved Rail Access – County Manager The Commissioners adopted a resolution encouraging the MPO, NCDOT and CSXT to complete a feasibility study to evaluate the relocation of the CSXT rail line across the river via a route that eliminates rail traffic through the heart of the City and which would provide a more direct rail access corridor to the Port of Wilmington. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 20.2. Adoption of Public Officials Bond Resolution – County Attorney The Commissioners, pursuant to General Statute 58-72-70, adopted a resolution approving the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. The designation of approval is incorporated within the respective bond in its entirety. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 20.3. Approval of an Application for the Waiver of Landfill Tipping Fees for Good Shepherd Ministries – Environmental Management Department The Commissioners approved an application to waive landfill tipping fees for Good Shepherd Ministries for up to three tons of waste generated within New Hanover County during FY 2014-15. The non-profit organization provides food, clothing and shelter for the homeless and assists with their transition to permanent housing. To date for the current fiscal year, a total of $78,943 in tipping fees has been waived. A copy of the application is available for review in the Environmental Management Department. Adoption of Resolution Certifying and Declaring the Results of the New Hanover County’s Bond Election of $160,000,000 School Bonds – Finance Department The Commissioners adopted a resolution certifying and declaring the results of the special bond referendum on the bond order authorizing the issuance of $160,000,000 general obligation school bonds held for the County of New Hanover, North Carolina on November 4, 2014. A bond election was duly called and held on November 4, 2014, for the purpose of submitting to the qualified voters of New Hanover County the question of authorizing $160,000,000 of general obligation bonds to pay capital costs of providing facilities for New Hanover County Schools. The Board received a certification of the results of the election from New Hanover County Board of Elections. The question in the form submitted to the voters was approved by the affirmative vote of a majority of those who voted in the election. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXVIII, Page 20.4. Adoption of Resolution to Dispose of Surplus Property – Finance Department The Commissioners, pursuant to North Carolina General Statute 160A-Article 12, adopted a resolution declaring property surplus and authorizing the sale of the equipment electronically or disposal by any other method authorized by statute including discarding the items. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXVIII, Page 20.5. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports for September 2014 – Tax Department The Commissioners accepted the following Tax Collection Reports as of September 2014: New Hanover County New Hanover County Fire District Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXVIII, Page 20.6. Adoption of Budget Ordinance Amendments – Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-029 Department of Social Services 15-030 Department of Social Services Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXVIII, Page 20.7. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 191 REGULAR ITEMS OF BUSINESS APPROVAL OF MERIT COMPENSATION FOR GENERAL MANAGER AND CEO OF NEW HANOVER COUNTY ABC BOARD – GOVERNING BODY Commissioner Barfield requested revisions to the request to grant a merit increase to Dan Sykes, General Manager and CEO of the Alcohol Beverage Control Board and his ability to participate in the cost of living allowances and percentage increase approved by the ABC Board. He proposed changing the merit increase to be retroactive to October 1, 2014, when County employees received merit increases; and instead of the ABC Board, the Board of Commissioners should approve the general manager’s ability to participate in cost of living allowances and percentage merit increases. He reminded the Commissioners of issues several years ago when the former general manager received very hefty salary increases and was paid almost $300,000 in yearly salary and approved by the prior members of the ABC Board. Commissioners at that time, Thompson and himself in particular, worked to make changes in the oversight of the ABC Board, which resulted in the replacement of ABC Board members. Mr. Wolfe and two other new members were appointed with the intent that the Commissioners would oversee any salary increases. He said that he was unable to support the proposed language and that any salary increase for the general manager should continue to be approved by the Commissioners. He believed it was important that the integrity of the organization and the Board be protected. Commissioner Wolfe spoke on the tremendous efforts of the current ABC Board in changing the perception of its operation. The ABC Board recently provided a financial report of $37 million in sales with $15 million going to State and local governments; and the County Attorney and the Assistant County Manager attend board meetings as ex-officio members. He explained that any merit increase would be subject to the ABC Board’s approval based on a performance evaluation and any change in salary is subject to approval by the State ABC Commission. As the Commissioners do not approve salaries of CEO or directors of any other County board, Mr. Wolfe believed that the ABC Board should not be penalized any longer for past conduct and they should be allowed to approve salary increases for the general manager. In further discussion, Chairman White agreed that extreme oversight was necessary because of past indiscretion and issues by former members of the ABC Board and that the Commissioners should continue to insure that the ABC Board stays transparent in its business operations. He commented that as long as Mr. Sykes continues to do his job correctly, the Commissioners should approve increases in his pay. Motion : Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to approve a salary increase for Dan Sykes, General Manager and CEO of the New Hanover County ABC Board, up to $2,800 retroactive to October 1, 2014; and that the Board of Commissioners will continue to approve any future salary increases for the general manager position. Upon Vote, the MOTION CARRIED 3 TO 1. Commissioner Wolfe voted in opposition. APPROVAL OF AN INTERLOCAL AGREEMENT FOR CONTRIBUTION OF FUNDS TO CITY OF WILMINGTON TO FUND FORENSIC CHEMIST FOR FORENSIC CRIME LAB County Manager Coudriet reported that City, County and Court staffs have met to determine ways to reduce crime and the jail population. The County is being asked to fund a full-time Forensic Chemist for the City of Wilmington Forensic Lab. The addition of the Chemist will lead to serious drug offenders being sentenced in a timelier manner, making the community a safer place for our citizens. Secondly, the Chemist may reduce the amount of time serious offenders are housed in the detention center awaiting trial, which will reduce detention center population and costs. Although a State function, the State labs are unable to perform at an efficient or reasonable level. The interlocal agreement will run from January 1, 2015 until June 30, 2018. At that time, the effectiveness of the additional position will be evaluated. The annual cost of the position is $83,459. Funds have been identified in the existing FY14-15 budget for the contribution, and the FY15-16 budget will include funding for the continuation of the position. He recommended that the Board consider the partnership with the City by contributing funds for a Forensic Chemist position, which will expedite the process, lower the County’s cost, and delay the expansion of the jail. In response to concerns about the County’s liability with the City’s lab, County Attorney Copley responded that a contract would note that the County is only providing funds and would not oversee the day-to-day operations. District Attorney Benjamin David spoke in support of the need for additional staff at the City’s lab due to the State’s lab being critically backlogged and understaffed, resulting in lengthy delays in evidence testing around the State. The backlog has created an increase in the number of inmates in the New Hanover County jail as those inmates wait for results of tests before their cases can be moved forward to trial. A local crime lab was established several years ago by Wilmington Police Chief Ralph Evangelous for the purpose of testing blood-alcohol levels in driving while impaired cases, along with testing for the type and weight of narcotics. The lab provides test results within a month, compared to an eighteen month wait from the State lab. With the addition of a Forensic Chemist, the lab would be able to expand testing to other law enforcement agencies and ultimately move inmates’ cases more quickly to a disposition. He urged the Commissioners to support the request to add staff to the City’s lab so cases can be disposed more quickly and to alleviate the number of inmates in the County jail. In response to questions by the Board, Mr. David explained that a new statute authorizes a $600 fine/collection fee for testing when a local lab is used instead of the State lab; and he reported that the lab personnel NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 192 has gone through rigorous training and certifications equaled to the standards of an FBI lab. He also requested the Commissioners to petition State legislators to open a regional crime lab for the southeastern part of the State. Motion : Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to approve the Interlocal Agreement between New Hanover County and the City of Wilmington to fund $83,459 annually for a Forensic Chemist to be employed with the Wilmington Police Department Forensic Lab. Upon vote, the MOTION CARRIED 4 TO 0. A copy of the interlocal agreement is available in the Legal Department. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY NEXSEN PRUET, PLLC ON BEHALF OF UNCW ENDOWMENT FUND TO DEVELOP A 195-FOOT TALL TELECOMMUNICATIONS TOWER IN THE CREST RESEARCH PARK ON MARVIN K. MOSS LANE (S-622, 11/14) 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: Ben Andrea Chris O’Keefe Donna Girardot Thomas H. Johnson, Jr. Graham B. Herring Current Planning and Zoning Supervisor Ben Andrea presented the request by Nexsen Pruet, PLLC on behalf of the UNCW Endowment Fund and the State of North Carolina (property owner), for a special use permit to develop a 195-foot monopole telecommunications tower in the Crest Research Park on Marvin K. Moss Laneand provided a slide overview of the request. The property is currently zoned R-15, Residential District, and classified as Watershed Resource Protection Area according to the 2006 CAMA Land Use Plan. American Towers, LLC, the applicant, is requesting to construct and operate a telecommunications tower facility on a 70 foot x 136 foot leased area on a 52.83-acre site located at 5500 block of Marvin K. Moss Lane. The property currently hosts the UNCW Center for Marine Science/CREST Research Park that was originally approved by Special Use Permit in 1991 and subsequently modified in 2000, 2003, 2007, and 2010. The development on site encompasses the development approved with the original SUP approval and modifications. The proposed leased area will encompass the tower, equipment pads, and required 25-foot buffer and fence. The tower area is situated adjacent to a stormwater management pond and an existing parking area, in the central area of the CREST Research Park site. The parcels immediately surrounding the site remain largely undeveloped, and the existing land uses in the area primarily consist of single-family residential uses along Masonboro Loop Road. The Planning Board, at their November 6, 2014 meeting, voted 6 to 0 to recommend approval of the Special Use Permit request with no members of the public speaking in support or in opposition to the request. Staff concludes that the applicant has demonstrated that the proposal complies with Section 63.5-1 of the Zoning Ordinance as well as the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Watershed Resource Protection land use classification or with any other policies of the CAMA Land Use Plan. Chairman White stated that no one had signed up to speak in favor or in opposition of the request and invited the petitioner to present comments. Thomas H. Johnson Jr., Attorney for the petitioner, provided an overview of the request stating that the site is needed to provide communication services where none exists. The main objective of the service is to provide UNCW a means to notify students of emergencies at the Center for Marine Science. At this time, the signal in the area is not strong enough to receive text messages from the college, which is their primary mode of notifying students of any problem. The proposed tower would have communication services from AT&T, T-Mobile, as well as other possible carriers that would improve services for UNCW, adjacent residential communities, and nearby ocean and waterway boat traffic. He presented slides of street views from nearby residential communities that showed the neighbors would not have clear views of the tower because of the heavy wooded area of mature pine trees surrounding the tower. He reported that no community meetings were required or held, as there was no opposition from the neighborhood at the Planning Board meeting.He agreed with staff’s findings of fact and did not want to continue the item knowing that if denied the item may only be resubmitted at the discretion of the Planning Director. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 193 Motion: Commissioner Wolfe MOVED, SECONDED by Vice-Chair Dawson, to approve the request by American Towers, LLC, for a Special Use Permit to construct and operate a 195-foot monopole telecommunications tower facility on a 70 foot x 136 foot leased area on a 52.83 acre site located at the 5500 block of Marvin K. Moss Lane 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 as presented. Upon vote, the MOTION CARRIED 4 TO 0. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 53. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS ON BEHALF OF AMJB PROPERTIES, LLC TO REZONE A 6.89-ACRE PARCEL FROM B-2 CONDITIONAL ZONING DISTRICT TO B-2 CONDITIONAL ZONING DISTRICT TO DEVELOP A SELF-STORAGE AND RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE FACILITY AT 5112 CAROLINA BEACH ROAD (Z-933, 11/14) Chairman White opened the public hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Ben Andrea presented the request by Design Solutions on behalf of AMJB Properties, LLC to rezone a 6.89-Acre Parcel from B-2 Conditional Zoning District to B-2 Conditional Zoning District to Develop a Self-Storage and Recreational Vehicle and Boat Trailer Storage Facility at 5112 Carolina Beach Road and presented a slide overview of the request. The request is for a major modification and should be treated procedurally the same as a new conditional rezoning. The subject property is located along the southwest side of the 5100 block of Carolina Beach Road, approximately 0.65 mile north of the intersection of Carolina Beach Road and South College Road, and is known as Monkey Junction Self Storage. The property is currently zoned CZD B-2, Highway Business Conditional Zoning District as a result of a rezoning from R-15 that was approved on July 21, 2014. The conditional rezoning allowed for expansion of the existing self-storage business onto the subject property. The approval included a site plan consisting of three 21,000 square foot climate-controlled storage buildings, one covered boat trailer and recreational vehicle storage area, a building for specialty retail, and related landscaping, drives, and parking areas. The new proposal eliminates two 21,000 square foot climate controlled self-storage buildings and a 10,000 square foot specialty retail area and replaces them with a 20,550 square foot climate controlled storage building, two three-sided covered recreational vehicle and boat trailer storage areas and one enclosed boat storage area. With the current proposal, internal traffic circulation is also reconfigured and a driveway to Carolina Beach Road is eliminated. The proposal's projected peak hour trip generation does not warrant a full Traffic Impact Analysis; revised traffic figures have been provided by the applicant and project a decrease in peak hour trips with the current proposal. The subject property is classified as Urban and Conservation Area according to the 2006 CAMA Land Use Plan. Zoning of the land in the vicinity consists of a mixture of B-2, CZD (B-2), R-15, R-10, and multifamily zoning (Willoughby Park). Existing land uses in the area consist of a modular home park to the southeast of the site, residential to the south, and a variety of commercial uses around the Monkey Junction area. Directly adjacent to the site is Monkey Junction Self Storage; the rezoning request would expand this existing business onto the subject site. A community meeting was held on October 9, 2014, with no one from the public attending. The Planning Board, at their November 6, 2014 meeting, voted 6 to 0 to recommend approval of the rezoning request with no members of the public speaking in support or in opposition to the request. Staff recommends approval of the proposal as requested. Although considered a major modification to the approved Z- 933 conditional zoning district, Staff feels that the revised proposal remains consistent with the previous rezoning and the surrounding community. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the location of the subject property is very close to a large heavy commercial node, supporting Policy 4.3 of the CAMA Land Use Plan. Mr. Andrea pointed out that the staff summary included a detailed suggested motion because of a recent court case and that the Board is required to adopt statements saying why a rezoning is or is not consistent and why it is or is not reasonable and in the public interest. In response to questions by the Board, Mr. Andrea responded that the effect of the changes with the revised plan on the adjacent neighbors would be similar in that both would have a twenty-foot vegetative buffer between the mobile home park and the proposed development. Instead of storage buildings, the residents would see a three-sided RV and boat storage facility. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, DECEMBER 1, 2014 PAGE 194 Chairman White reported that no one had signed up to speak in favor or in opposition to the request and the Petitioner was available to make comments and answer questions. Cindee Wolf, representing the petitioner, reported that the boat and trailer storage is not a stacked facility and the sixteen-foot height of the roof structure would be shielded by additional buffer vegetation. As it is estimated that on average two to three cars may access the facility per hour and the facility would be more active during the weekend, noise should not be a factor from the site. There is no wash-down area on site. She also reported that she wished to proceed with the item knowing that if the request were denied the petitioner would need to wait twelve months before submitting a new application. Hearing no further discussion, Chairman White closed the Public Hearing and requested direction from the Board. In response to a recent court decision on a challenge of a rezoning case, Deputy County Attorney Sharon Huffman advised the Board that they should use the suggested language provided by Planning Staff in stating why the rezoning is consistent or not consistent with the Land Use Plan and how it is or is not reasonable and in the public interest. In preparing for upcoming rezoning cases and realizing that they may not want to use staff’s suggested motion, she requested that the Commissioners contact her if they need assistance on the verbiage for a . motion Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to approve the request as presented, as the Board of Commissioners finds that this request for a zoning map amendment of 6.89 acres from CZD B-2, Conditional Zoning District Highway Business, to CZD B-2, Conditional Zoning District Highway Business as described is 1) consistent with the purposes and intent of the “Urban” land use classification in the 2006 CAMA Land Use Plan because the “Urban” classification allows for intensive development and redevelopment of existing urban areas. The subject site is along a major thoroughfare and in an area of focused urbanization of the county, and best suited for non-residential uses. The rezoning proposal supports Policy 4.3 of the CAMA Land Use Plan by providing commercial services near the markets that they serve while not diminishing the quality of life of nearby residential uses and 2) reasonable and in the public interest because the character of the area is urbanized and many similar and compatible uses exist adjacent to and nearby the subject site. 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 99. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that no one had signed up to speak on non-agenda items. COMMISSIONERS COMMENTS  Commissioner Barfield expressed appreciation to staff who participated in the Annual City/County Golf Tournament to raise money for the United Way. This was the fifth time in six years that the County won the competition.  Vice-Chair Dawson reported on the ribbon cutting and open house held at the Public Health Clinic and named in honor of Dr. Frank Reynolds who was in attendance.  Chairman White commented that hopefully at the next Board meeting, Skip Watkins and Rob Zapple, the two newly elected Commissioners, would be welcomed and sworn in to serve on the Board. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 5:20 p.m. Respectfully submitted, Teresa P. Elmore Interim 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 checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.