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2015-04-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 261 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 6, 2015, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present: Chairman Jonathan Barfield, Jr; Vice-Chairman Beth Dawson; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Teresa Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Chairman Barfield provided the invocation and Commissioner White led the audience in the Pledge of Allegiance to the Flag. ANNOUNCEMENT OF THE EVENTS SCHEDULED TO COMMEMORATE THE 50TH ANNIVERSARY OF THE VIETNAM WAR Public and Legislative Affairs Director Carey Ricks announced that the County has partnered with the local Vietnam Veterans of America to commemorate the 50th anniversary of the Vietnam War with events scheduled from April 23 - 26, 2015, to remember and honor the Vietnam Veterans for their service and sacrifice. John Reed, of the Vietnam Veterans of America Chapter 885 and CEO of Mainstreet, reported on the planned activities and invited the Commissioners to attend the events starting with a ceremonial kickoff with the Vietnam Remembrance Ceremony on April 23, 2015, with the dedication of Freedom Way to Veterans Square at Hugh MacRae Park. Frank Roberts, of the Veterans Council, expressed appreciation for the support from the County, especially staff of the Parks and Gardens Department and the MacRae family in remembering and recognizing the veterans of New Hanover County with the Veterans Memorial. Mr. Roberts led a round of applause in recognition of the Vietnam Veterans in the audience. Mr. Reed invited everyone from the public to participate in the events for the 50th anniversary of the Vietnam War and to honor all veterans of all wars in commemoration of this event. On-line registration and a schedule of events can be found at www.50thcelebrationvietnamwar.org. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Commissioner Zapple requested the removal of Consent Item 9 and Vice-Chairman Dawson requested the removal of Consent Item 3. Chairman Barfield requested a motion to approve the remaining items on the Consent Agenda. Motion : Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting held on March 16, 2015, as submitted by the Clerk to the Board. Adoption of a Resolution Recognizing Rebecca Troutman for Twenty-Five Years of Service to North Carolina Counties – County Manager The Commissioners adopted a resolution recognizing Rebecca Troutman, Intergovernmental Relations Director for the North Carolina Association of County Commissioners, who will be retiring after 25 years of outstanding service. The resolution recognized the significant contributions Ms. Troutman has made to all North Carolina counties, especially New Hanover County. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 7.1. Approval of Solid Waste Franchise for C. Todd's Recycling, LLC – Environmental Management Department The Commissioners authorized a Solid Waste Franchise to be granted to C. Todd's Recycling, LLC. The request was approved at a first reading on March 16, 2015. C. Todd’s Recycling provided information on the business, equipment, personnel and fiscal responsibility as required by Section 44.55 of the County Code of Ordinances. The franchise period is for seven years. Ratification of Application to the MacArthur Foundation for the Safety and Justice Challenge Grant – Sheriff’s Office The Commissioners ratified the submission of a grant application to the MacArthur Foundationfor a safety and justice challenge grant to find ways to safely reduce jail incarceration with focus on addressing disproportionate NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 262 impact on low-income individuals and communities of color. Up to twenty selected sites will receive a $150,000 grant to support a six-month planning process for the local judicial system in a partnership to reduce the jail population as well as reform the local criminal justice system by reducing the amount of unnecessary incarcerations. If a grant were awarded, a budget amendment would be presented to the Board for approval. Approval of an Application for the Waiver of Landfill Tipping Fees for the 2015 North Carolina Azalea Festival – Environmental Management Department The Commissioners approved an application to waive landfill tipping fees for the 2015 North Carolina Azalea Festival for up to twelve tons of waste generated within New Hanover County for the duration of the event. The event will be held April 8-12, 2015, and is estimated to generate 10-11 tons of waste, resulting in the waiver of approximately $594 in tipping fee revenues. The landfill has waived a total of $126,363 in tipping fees (2,514 tons) for the fiscal year to date. A copy of the application is available for review in the Environmental Management Department. Approval of an Amendment to the Interlocal Agreement for the Flemington Force Main – Finance Department The Commissioners approved an amendment to the Interlocal Agreement between the County, Cape Fear Public Utility Authority, and the City of Wilmington to include construction of two 8-inch force mains or a 12-inch force main beneath the Northeast Cape Fear River near the Sweeney Water Treatment Plant to bring sewer service to the U.S. 421 corridor. The project cost estimate remains at $1.2 million with the County and the Cape Fear Public Utility Authority contributing $600,000 each towards funding the project. The Authority has received bids for the project as one 12-inch force main and as two 8-inch force mains and both are within the $1.2 million budget. The bid for the two 8-inch force mains was $32,000 more than the 12- inch, however, the design will allow the Authority to manage flows better. A copy of the amended Interlocal Agreement is on file in the County Attorney’s Office. Adoption of Proclamation in Recognition of Child Abuse Prevention Month – Department of Social Services The Commissioners adopted a proclamation in recognition of Child Abuse Prevention Month in New Hanover County for the month of April. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 7.2. Discussion of Consent Item 3 and Ratification of Issuance of Special Use Permit to ACI Pine Ridge, LLC, for a Mixed-Use Development at Porters Neck Road as Ordered by Judge W. Douglas Parsons – County Attorney’s Office In discussion of Consent Item 3, Vice-Chairman Dawson commented that although the Commissioners review and make decisions based on the County’s policies, ordinances and land use plans, the Board’s decision on the special use permit for ACI Pine Ridge was appealed and overturned by the Courts. As her decision was based on the findings of fact number four, she did not agree that the area would be in conformity with the plan of development because the majority of the development is outside the urban services boundary as defined in the County’s CAMA Land Use Plan. She expressed concern that the County’s policies and ordinances were not defendable in the Courts and requested Deputy County Attorney Huffman to explain the Courts’ decision. Deputy County Attorney Sharon Huffman explained that the special use permit was issued pursuant to the Court Order and no other action is required by the Board. The Chairman signed the permit on March 19, 2015 per order of Judge Parsons. However, the item was placed on the consent agenda in order for the special use permit to be entered into the minutes and included in the special use permit book. When the County received the order, she had communicated with the Commissioners that based on the facts in the matter, she gave the legal opinion that the Judge had come to the correct decision and that she did not believe there was any reasonable chance that an appellate court would overrule the Court’s decision. The Commissioners did not communicate with her to appeal the Court’s decision. . In regards to defending decisions made by the Board, she explained that there were two types of hearings: legislative for a rezoning or conditional rezoning case and quasi-judicial hearings for special use permits. When the law is applied, the Courts are more than likely to overturn decisions on a special use permit than a rezoning decision. With a special use permit, the judge considers the evidence provided at the hearing and decides which set of evidence was more compelling. If the applicant gave substantial, competent, and relevant evidence to meet the elements, then the law says they have met their burden. The opposition may rebut the presumption with evidence that is substantial and competent to rebut. In this case, the judge said the applicant met their burden and they are ripe for the special use permit to be issued. The first decision the Court made was that the 2-2 vote was a denial and in this case, the Court said that they have met their burden and should be granted the special use permit unless the opposition's evidence was substantial enough to rebut the applicant’s burden. The Court said that the evidence to rebut was not substantial enough to rebut the applicant's evidence. In a special use permit, the Court has to decide who really has more the substantial evidence. In further discussion, the Commissioners requested Planning Staff to review the mixed-use development ordinances for deficiencies, as the Board should have some assurance that once a mixed-use development is approved that it would continue to comply with both the commercial and residential components even when a new petition comes before another Board with changes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 263 Chairman Barfield commented that the Planning Staff provides great guidance to the Planning Board and the Commissioners on planning items and he suggested that the Commissioners may want to have a work session with the Planning Staff and Legal Department in order to have a better understanding of the language and the process to make the best decisions. Motion : Commissioner White MOVED, SECONDED by Chairman Barfield, to ratify the approval of the special use permit to ACI Pine Ridge, LLC, for a mixed-use development on a 37.9-acre parcel located at the 100 block of Porters Neck Road as ordered by Judge W. Douglas Parsons, dated February 26, 2015. A copy of the order granting the special use permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 56.1. Discussion of Consent Item 9 and Adoption of Budget Ordinance Amendments – Budget Department Commissioner Zapple referenced Budget Amendment 15-057 and commented on the success of the Fatherhood Program. The additional funding of $14,217 would be used to administer the Family Support Program that assists fathers to become better parents and financially support their children. The program has 89 participants and child support payments have increased by 34%. The program has been recognized and received awards at the 2014 State Child Support Conference for Excellence in Service for Family Centered Principles Programs and at the 2014 North Carolina Social Services Institute for a Best Practice Award in Innovations in Services to Customers. He expressed appreciation to the staff of the Department of Social Services for their innovative and creative work in addressing a serious problem by bringing fathers back to their families. Interim DSS Director Michelle Winstead thanked Commissioner Zapple for giving recognition to the Fatherhood Program and reported that at the annual meeting attended by Judge Corpening and regional representatives from the Child Support Program, the program was discussed and everyone agreed that fatherhood matters. Chairman Barfield congratulated DSS on the success of the Fatherhood Program and the importance of bringing a father back into a child’s life. He requested direction from the Board on the approval of the Budget Amendments. Motion : Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to adopt the following Budget Ordinance Amendments for fiscal year ending June 30, 2015: 15-053 Department of Social Services 15-054 Health Department 15-056 Library 15-057 Department of Social Services Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 7.3. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION IN RECOGNITION OF SEXUAL ASSAULT ACTIVISM MONTH Chairman Barfield reported that the Rape Crisis Center of Coastal Horizons Center, Inc. has requested the Commissioners to adopt a proclamation proclaiming April as Sexual Assault Activision Month. Commissioner Zapple read the proclamation into the record. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins to adopt the proclamation designating the month of April 2015 as Sexual Assault Activism Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Meredith Staley, Rape Crisis Center Advocate/Educator, and Jessica Greene, Supervisor, accepted the proclamation and expressed appreciation to the Commissioners for taking a stand against sexual assault in the community. In the month of February, the Rape Crisis Center provided supportive services to twenty-two hospital calls. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 7.4. ADOPTION OF PROCLAMATION FOR THE “COUNTY DAY OF RECOGNITION FOR NATIONAL SERVICE” – SENIOR RESOURCE CENTER Chairman Barfield reported that Tracy Ash, Program Manager for the Retired and Senior Volunteer Program (RSVP) has requested the Commissioners adopt a proclamation in honor of the Senior Corps Programs of the RSVP and the Foster Grandparent Program. Vice-Chairman Dawson read the proclamation into the record and moved for adoption. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to adopt the proclamation declaring April 7, 2015 as “County Day of Recognition for National Service” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 264 RSVP Program Manager Tracy Ash accepted the proclamation and expressed appreciation for the County’s recognition of the many volunteers who serve the community. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 7.5. RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR BEGINNING JULY 1, 2014 County Manager Coudriet recognized and congratulated the Budget Department for receiving the Distinguished Budget Presentation Award for the 24th consecutive year from the Government Finance Officers Association of the United States and Canada. Chairman Barfield, on behalf of the Board, thanked Budget Director Cam Griffin and staff for their continued excellence and presented the award. Director Griffin expressed appreciation to members of her staff for their support and dedication to the County. CONTINUANCE OF A SPECIAL USE PERMIT REQUEST BY KERESA ANDERSON-YOUNG TO OPERATE A CHILDCARE CENTER AT HER RESIDENCE AT 7245 SAVANNA RUN LOOP (S-625, 3/15) Chairman Barfield opened the Public Hearing and requested Staff to present the request. Current Planner Brad Schuler reported that he had contacted the management company of the subdivision’s homeowners association and they have confirmed that the proposed daycare use would be in violation of the restrictive covenants. The applicant, Keresa Anderson-Young, has requested a continuance until the first meeting in May to see if an arrangement could be worked out with the homeowners association. Motion : Commissioner Watkins MOVED, SECONDED by Vice-Chairman Dawson, to continue the request for a special use permit by Keresa Anderson-Young to operate a childcare center at her residence at 7245 Savanna Run Loop until May 4, 2015. Upon Vote, The MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST BY DAREK HUCKBODY ON BEHALF OF NEW HANOVER COUNTY TO OPERATE AN INDOOR RECREATION USE AT 1817 HALL DRIVE (S-626, 3/15) Chairman Barfield opened the Public Hearing and announced that the special use permit 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: Brad Schuler Ben Andrea Chris O’Keefe Tamara Murphy Darek Huckbody Jim Morton Dennis Musser Jeremy Phillips Current Planner Brad Schuler presented the request by the applicant, Darek Huckbody, on behalf of the property owner, New Hanover County, for a special use permit to operate an indoor recreational use at 1817 Hall Drive and provided a slide overview of the property. The site is zoned AI, Airport Industrial, and is located on the same parcel as the Wilmington International Airport. The site is accessed from both Hall Drive and Trask Drive. Hall Drive connects directly into Blue Clay Road, approximately one half mile north of Twenty-Third Street. The residential property is approximately 1,750 feet from the proposed location. The New Hanover County Airport Authority has a long-term lease with the County for all of the airport property. The indoor recreational use proposed is for a laser tag business. The proposed use will occupy 10,263 square feet of a 20,600 square foot building. Approximately 8,880 square feet would be used for recreation purposes and 1,500 square feet for administrative purposes. The business plans to use a maximum of 40 parking spaces to accommodate both staff and customers. The applicant has requested that the SUP application include the entire building so that the business may expand into the remaining portions of the building without having to modify the SUP. If approved any indoor recreational use would be allowed to occupy the building. Staff recommends that a condition be placed on the permit that clarifies any initiation or expansion of an indoor recreational use must undergo an official review to verify compliance with the applicable standards of the zoning ordinance. The Planning Board recommended approval with the condition at the March meeting. Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Zoning Ordinance and that the proposal is not in conflict with the management strategy for the Transition land use classification or any other policies of the CAMA Land Use Plan. Staff recommends approval of the special use permit with the one condition as stated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 265 In response to questions about the need for a special use permit in the Airport Industrial District, Planning and Inspection Director Chris O’Keefe responded that the table of permitted uses was created at a time when the Airport Authority had a different vision for the use of the property. As their vision has changed, the table of permitted uses should change and revisions should be ready within the next couple of months. Darek Huckbody, the applicant for the laser tag gaming facility, stated that the business would be operated only on the inside of the building and uses an RF signal for a more focused tactical laser that is not harmful to the eye. The Airport Authority is in agreement with request. Chairman Barfield closed the Public Hearing, and notified the petitioner that a special use permit, which is denied, may only be resubmitted at the discretion of the Planning Director and he asked whether the petitioner wanted to proceed or to continue the matter. The petitioner responded to proceed with the decision. Chairman Barfield requested direction from the Board. Motion : Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve the special use permit to operate an indoor recreation use at 1817 Hall Drive, based on the evidence presented and the findings of fact concluding that 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. Amended Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to amend the motion to include the condition as follows: to approve the special use permitto operate an indoor recreation use at 1817 Hall Drive, based on the evidence presented and the findings of fact concluding that 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, with the following condition: prior to any initiation or expansion of an indoor recreation use, a zoning review must be conducted to ensure compliance with any applicable regulations in existence at that time. Upon vote, the MOTION CARRIED UNANIMOUSLY. . A copy of the order granting the special use permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 56.2. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that no one had signed up to speak on non-agenda items. ADDITIONAL ITEMS Comments from the County Manager  County Manager Coudriet announced that due to the renovations of the audio and visual components of the meeting room, the next Regular Meeting on April 20, 2015, will be held in the Andre Mallette Training Room at the County Government Center.  As recommended by the Chairman, he encouraged the Commissioners to have a work session on the ordinances along with the Planning Board and staff. Once the Board has adopted the Comprehensive Land Use Plan, the Board may want to consider a total revision of the ordinances in order to ensure it is updated and made easier to do business with the County. Comments from the Commissioners  Commissioner Watkins invited the public to enjoy and participate in the many events scheduled for the North Carolina Azalea Festival on April 8-12, 2015.  Commissioner Zapple reported that he recently observed a session of the DWI Court and complimented Judge Faison, the District Attorney’s Office and staff for their work with the program that assist individuals with an opportunity to attain recovery and become productive citizens.  Commissioner Zapple congratulated the Downtown Rotary on its 100th anniversary and expressed appreciation for their service to the community.  Commissioner Zapple reported that he recently went on a walk-through of the renovation project at 320 Chestnut Street with John Sawyer, the architect, and John Monteith, the builder. He said that he was very pleased with the progress of the project and that it will provide great office space for the County in the downtown area.  Commissioner White requested the County Manager to provide the following items for public discussion at the April 20, 2015 Board meeting:  The feasibility of the County partnering with NHRMC on the employees’ health care plan and engaging NHRMC to determine any duplicative or overlapping services with the Health Department as well as the possibility of NHRMC contracting with the Sheriff’s Department for medical care of inmates.  The Budget Department to report on the tax projections used for the budgetary base for the last five years and the actual amounts received.  Present an update on the Fund Balance.  Chairman Barfield requested the County Manager to provide an update on the feasibility of consolidating DSS and the Health Department, as it would result in a savings to the County by streamlining government and reducing redundancy. County Manager Coudriet responded that he had planned to give a similar debrief at the next Agenda Review similar to the one recently presented to DSS and the Health Department. He reported that some functional collaboration has progressed with savings in next year’s Budget; however, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 6, 2015 PAGE 266 more savings would result from a combined health and human service agency. Vice-Chairman Dawson requested a review of the Task Force’s report to see if the recommendations have been implemented. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 5:15 p.m. Respectfully submitted, Teresa P. Elmore 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.