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2015-07-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 338 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 20, 2015, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. 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 Reverend Laura Hayes Mitchell, Senior Pastor, Trinity United Methodist Church, provided the invocation and Commissioner Watkins led the audience in the Pledge of Allegiance to the Flag. 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. Hearing no comments, Chairman Barfield requested a motion to approve the Consent Agenda. Motion: Commissioner Watkins MOVED, SECONDED by Vice-Chairman Dawson, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the following minutes as submitted by the Clerk to the Board: Agenda Review Meeting, June 18, 2015 Regular Meeting, June 22, 2015 Appointment of Voting Delegate to the 2015 North Carolina Association of County Commissioners Annual Conference – Governing Body The Commissioners appointed Vice-Chairman Dawson as the voting delegate to the 108th Annual Conference of the North Carolina Association of County Commissioners (NCACC) to be held in Pitt County, N.C., on August 20-23, 2015. Adoption of Purple Heart Day Proclamation – Sheriff’s Office The Commissioners adopted a proclamation recognizing August 2, 2015 as Purple Heart Day in New Hanover County. The proclamation will be presented during the Cape Fear Purple Heart Dinner on August 2, 2015. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 13.1. Adoption of Resolution Awarding Contract to Securus Technologies to Continue Providing Inmate Telephone Services at the County's Detention Facility – Sheriff’s Office The Commissioners adopted a resolution awarding a contract to Securus Technologies for inmate telephone services at the County’s Detention Facility. The contract includes competitive rates with the benefit of a $500 per month grant for inmate education and rehabilitation. . A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 13.2. Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 – Finance Department The Commissioners adopted a resolution declaring property surplus and authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 13.3. Adoption of Resolution to Appoint Map Review Officers – Planning and Inspections Department The Commissioners adopted a resolution designating certain staff members of New Hanover County, the City of Wilmington, and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach as Map Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds, as authorized by General Statute 47-30. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 13.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 339 REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING AUGUST 2015 AS COAST GUARD MONTH IN NEW HANOVER COUNTY Vice-Chairman Dawson presented a request to adopt a proclamation declaring August 2015 as Coast Guard Month in New Hanover County, read the proclamation into the record, and moved for adoption. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to adopt the proclamation th declaring August 2015 as Coast Guard Month in New Hanover County and in recognition of the 225 Anniversary of the Coast Guard. Upon vote, the MOTION CARRIED UNANIMOUSLY. USCG Sector North Carolina Deputy Commander Joe DuFresne, USCG Cutter Diligence Commander Matt Carter, Senior Chief Lane Marshburn of the Wrightsville Beach Coast Guard Station, and Ensign Liz Runci of the Diligence along with several Coast Guard Auxiliary members were present to accept the proclamation and expressed appreciation for the recognition. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIX, Page 13.5. PRESENTATION OF SERVICE AWARDS TO RETIREES AND EMPLOYEES AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving retirement awards: Lynda Pearsall, Community Justice Services, retiring with 10 years of service Winslow Floyd, Planning and Inspections Department, retiring with 11 years of service David Wittenburg, Property Management, retiring with 27 years of service Sue Jaindl, Commissioners’ Office, retiring with 30 years of service Chairman Barfield presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Year: Ellen Connor, Senior Resource Center Ten Year: Kristin Blanchard, Sheriff’s Office Gail Causey, Department of Social Services Jan Davidson, Cape Fear Museum David Guanzini, Sheriff’s Office Lawana Mays, Department of Social Services Meredith Shaver, Department of Social Services Fifteen Year: Steven Bartie, Property Management Chairman Barfield presented a service award to each employee and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to step forward and be introduced: Walter Graham Jr., Environmental Management Department Allie Hensley, Fire Services Bobbie McLaughlin, Department of Social Services On behalf of the Board, Chairman Barfield welcomed the employees to County Government and wished them success in their new positions. AIRLIE GARDENS FOUNDATION, INC. BOARD OF DIRECTORS ANNUAL UPDATE Zeke Partin, President of Airlie Gardens Foundation, Inc. Board of Directors, presented the annual update for the Airlie Gardens Foundation, Inc. highlighting the following information:  Foundation Mission:  Eleven-member board serves in an advisory capacity to gardens staff and County Commissioners  Maintains an endowment  Solicits donations and sponsorships  Supports funding of capital improvements at Airlie Gardens  FY 2014-15 Financial Information:  Revenue from events, gate, rentals, and grants was $573,000 with operational expenses of $424,000  Active membership totals reached 1,955  Membership revenues at $155,000  Gate revenues at $144,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 340  Revenues from weddings and events at $133,600  Endowment balance approximately $2.6 million  Garden Statistics:  More than 100,000 visitors come to Airlie Gardens each year with visitors from all 50 states and more than 56 countries. The CVB estimates that each visitor spends $50 per day on non-hotel expenditures.  Hosted 43 weddings and special events  Environmental education program leads more than 6,300 students  Welcomed 3,930 County residents during County Free Day this year  Featured Events:  One of the premier tourist attractions in the County  Consistently rated in the top three tourist attractions according to the Greater Wilmington Business Journal, Encore Magazine, and the Star News  Enchanted Airlie has again been voted a Top 20 Event by the Southeastern Tourism Society  Enchanted Airlie, Summer Concert Series and the Oyster Roast, hosted over 60,225 guests  Garden Enhancements:  Signage improvements  Perennial color added throughout garden  Bradley Creek overlook and dock improvements  400 amp power added at Bradley Creek lawn for events  Continued sidewalk improvements  Butterfly house host plant expansion  Butterfly release every Tuesday during summer months  Inclusion of regionally native plants to the rain garden  Airlie’s Third Summer Art Exhibit:  Guardians of the Garden by local artist Dumay Gorham, III thth  June 15 - October 25  Exhibit included with gardens admission Ms. Partin expressed appreciation to Parks Director Tara Duckworth and staff for keeping the gardens beautiful and thanked her fellow board members for their support of the gardens. The Commissioners thanked Ms. Partin for the update and her involvement with the community. NEW HANOVER COUNTY PARKS AND RECREATION ADVISORY BOARD ANNUAL UPDATE Frank Amoroso, Chairman of the County Parks and Recreation Advisory Board, presented the Parks and Recreation Advisory Board annual update highlighting the following:  Advisory board consists of eight members and holds open meetings the first Wednesday of every month at 8:00 a.m. at the County Government Center.  Purpose is to make recommendations for park improvements, discuss park policy and serve as liaison for citizens of the county.  Overview:  Department is charged with the responsibility of efficiently maintaining over 15 district parks including Airlie Gardens.  Manages over 1,700 acres of green space, sporting areas, boat ramps, fishing areas, public spaces, FEMA mitigation properties, walking trails and non-park County owned properties  Manages landscaping, grounds maintenance and athletic facilities for New Hanover County Schools (1,000 acres)  Partners with numerous non-profit athletic groups to provide organized sports programming at NHC parks  New Programs:  Addition of Kids in Parks Track Trail at Smith Creek Park  Wellness Walks Program on Second Saturdays  Northern Regional Park at Castle Hayne currently under expansion  Development of Ogden Skatepark to be completed by the fall  New Storywalk installed at Hugh MacRae and Smith Creek Parks  Introduction of Little Free Libraries at five parks  Geocaching Program at twelve parks  Parks and Recreation Advisory Board members are committed to ensuring safe, functional and aesthetically pleasing parks that are available for citizens and visitors of New Hanover County. In discussion, Chairman Barfield requested the advisory board to determine the feasibility of installing basketball courts throughout the County’s park system to provide another activity for the youth in the County. Mr. Amoroso responded that the advisory board would discuss the issue. On behalf of the Board, Chairman Barfield thanked Mr. Amoroso for the update. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 341 PARKS CONSERVANCY OF NEW HANOVER COUNTY BOARD OF DIRECTORS ANNUAL UPDATE Theron Marshall, Chairman of the Parks Conservancy of New Hanover County, Inc. Board of Directors, presented the annual update highlighting the following:  Mission statement: to care for and improve New Hanover County’s parks by improving the County’s beauty and its health, community, and economic strength.  The Parks Conservancy is a tax-exempt, nonprofit organization under Section 501(c)(3) of the Internal Revenue Code.  Consists of twelve at-large members and one Commissioner as appointed by the Commissioners  Meets the third Tuesday of each month at 5:30 p.m. at the County Government Center  Visit www.nhcparksconservancy.org for upcoming activities  Volunteer Opportunities:  Individual/Group/Corporate  Grounds/Special Events/Fundraising  Giving Opportunities:  Donations to parks and special projects  Bequests for planned gifts in honor of or in memory of someone  Corporate donations  Parks Stars:  Children 2-12 year can learn about and explore NHC Parks. Activities teach them about the environment, recreation, wellness, etc.  Workbooks can be printed from the website or picked up at the Parks Office:  Twinkle Stars – ages 2-5  Junior Stars – ages 6-12  Participants complete the activities, fill out the back page of the workbook and bring it to the Parks Office to receive:  Award certificate  Prize from the goodie box  Events:  Fall and Spring Food Truck Frolics  Spring Frolic benefited Ogden Skatepark  Encourage the community to come experience the parks  Plant an Azalea event at Ogden Park (over 100 azaleas planted)  Ogden Park Beautification event – Beautified all three entrance signs plus the beds near the tennis courts  Conservancy has raised $14,068 to date Vice-Chairman Dawson and Commissioner Zapple expressed appreciation for the leadership and efforts of the Conservancy Board to showcase the County’s parks. On behalf of the Board, Chairman Barfield thanked Mr. Marshall for the update. ADOPTION OF RESOLUTION FOR THE ISSUANCE/SALE OF GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $92,000,000 GENERAL OBLIGATION BONDS Finance Director Lisa Wurtzbacher reported that the County proposes to issue bonds in the aggregate principal amount not to exceed $92,000,000 pursuant to bond orders adopted by the Board of Commissioners on September 2, 2008 and August 11, 2014. The County desires that the Local Government Commission sell these bonds through a competitive sale with a sale date on or about August 4, 2015. The bond proceeds generated by the sale will be used to pay for certain capital improvements as follows: 1. Cape Fear Community College:  To fund construction of Advanced and Emerging Technology Facility  Not to exceed $40 million  Last authorized bonds to sell 2. New Hanover County Schools:  To fund construction and renovation of schools facilities  Not to exceed $52 million  First authorized bonds to sell  Previously approved by voters:  No public hearing required  Request for approval of resolutions and form documents  Debt Service Payments:  Life of debt = 20 years  Estimated Average Debt Service = $6,122,436  Estimated 2016 Payment = $1,592,467  Estimated Interest Rate = 3.09%  Debt Management Impact:  $92 million impact on debt per capita = 428; 2016 Projected = 2,135  $92 million impact on debt to assessed value = .30%; 2016 Projected = 1.4% NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 342  $92 million impact on debt service to operational expenditures = 2.03%; 2016 Projected = 17.2%  Timeline:  Approval of resolution and form documents – July 20, 2015  Preliminary Official Statement to be released – July 24, 2015  Sale Date – August 4, 2015  Closing Date – August 27, 2015 After a brief discussion on the impact of the debt, Chairman Barfield requested direction from the Board. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to adopt the resolution for the sale of the general obligation bonds not to exceed $92,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIX, Page 13.6. PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING AN INDUSTRIAL INVESTMENT GRANT TO AAIPHARMA SERVICE CORPORATION Chairman Barfield announced that the Board has before them a resolution authorizing New Hanover ‐ County to pay economic development incentives to AAIPharma Service Corporation, pursuant to the provisions of North Carolina General Statutes 1587.1, to expand its business and staffing in Wilmington, North Carolina. The project will include the improvement of its facility within New Hanover County, costing at least $20 million and hiring of an additional fifty or more new employees over five years. The location of the project would produce revenue for local businesses and the County through the employment of individuals and spending by AAIPharma Service Corporation. Under a required Incentive Agreement, the County would agree not to award the economic development incentive grants until the company reaches the jobs and facilities investment benchmarks, as those terms shall be defined in the required agreement. The Company would agree to these same conditions. AAIPharma Service ‐ Corporation’s investment at the facility would substantially enhance the County’s property tax base and increase the County’s property tax revenues. The employment of fifty or more new fulltime persons at its facility would create high quality, well-paying jobs for the area and provide a positive economic impact for the County. Chairman Barfield opened the public hearing for comments regarding the proposed economic incentive grant. The following comments were received: Wilmington Business Development (WBD) Chief Executive Officer Scott Satterfield requested the Commissioners to approve the incentive grant for AAIPharma Corporation as the company meets the benchmarks of being a key existing industry within the County, a pharmaceutical cluster, and the headquarters cluster for operating businesses in several states including South Carolina, New Jersey, Wisconsin, Louisiana, and the Research Triangle Park (RTP) area. The company has 830 employees with 400 employees located in Wilmington. The average annual compensation exceeds $77,000 per employee. The company plans to expand the corporate headquarters to a 40,000 square foot facility and a 30,000 square foot, state-of-the-art scientific technology laboratory expansion. The total capital investment is expected to be $20 million and the addition of 50 employees with an annual compensation package of $77,000 per employee. It is estimated that the local economy benefits from a $153 million annual economic impact. In conclusion, Mr. Satterfield said that awarding the grant would be a great investment for the County and would help the company continue to grow in a competitive market. In response to questions about the benchmarks of the agreement, Mr. Satterfield responded that County staff would work out the details of the agreement to pay out $275,000 over a five-year period after the company meets the benchmarks of the construction of the facilities and employment of 50 new employees. The majority of the new employees would be hired within the first three years. Wilmington City Council will be asked to join the partnership by granting a $225,000 incentive package. In response to concerns about competition for the business, Mr. Satterfield reported that the state and local governments of Wisconsin provided an incentive to establish the company’s presence in that state. The company has been approached by other states as well as RTP to locate the proposed expansion project in their communities. AAIPharma is an important existing business for the County and they desire to invest further in the community, but it is important to them that the community gives them some backing. WBD has worked to pull resources from both public and private sectors for this opportunity. AAIPharma Chief Financial Officer Eric Evans reported that the company has seven labs with one located in Europe and six in the states. Because the lab business is growing quickly, they have physical constraints and need to provide additional space for growth over the next couple of years. In Wisconsin, the state, local and county governments provided substantial funding or support towards locating and expanding their lab. AAIPharma headquarters would remain in Wilmington, but assistance is needed for the new administration and lab expansion. The company is assessing which location to expand the lab whether in the RTP area, Missouri, or Wisconsin and a major consideration in the decision is the investment grant. In response to questions on employment, Mr. Evans reported that most employees are graduates from the UNCW chemistry department and the RTP area. Other employees come from the northeast where the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 343 pharmaceutical companies are downsizing. He said that AAIPharma provides services to more than 500 drug companies worldwide in the development of drugs. The Wilmington site manufactures solid dosage drugs, capsules and tablets, both clinical and commercially manufactured drugs and packaging. Their other labs provide analytical testing and formulate new drugs as well as other types of services. Commissioner White commended the efforts of WBD and the new leadership of AAIPharma on their expanding business plan and spoke on the County’s desire to encourage this type of business expansion. However, he questioned whether $500,000 would be critical to the $20 million project and that the company would have other factors to consider in making such business decisions. He believed the Commissioners should consider the fairness of tax dollars as it relates to other local businesses in the County, especially the small businesses. Mr. Evans explained that they do make business decisions based on the markets where they locate and the strong competition for those jobs. He said that they have active offers on the table from other states because of the large number of scientists they employ. The company is an attractive commodity in the marketplace. Although the grant may not appear substantial, the company would consider the offer in their decision-making process and give a prompt response to the County on the proposal. Vice-Chairman Dawson expressed appreciation to AAIPharma for their investment in the County and the number of employees who work here and she asked County Manager Coudriet for the County’s anticipated return on investment. County Manager Coudriet responded that staff has calculated a very conservative positive cash flow of more than 200% or $565,000 for the investment in year one of the ten-year horizon with a build out in three years and the return does not include any benefit from sales tax generated from the creation of new jobs for the project. Following more comments on the importance of the pharmaceutical industry and having clean industries expand in the area, Chairman Barfield closed the public hearing and requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to adopt a resolution authorizing the County to pay economic development incentives to AAIPharma Service Corporation and to direct staff to do all things necessary to finalize the economic incentive grant to AAIPharma Service Corporation. Upon vote, the MOTION CARRIED 4 to 1. Commissioner White voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIX, Page 13.7. Break : Chairman Barfield called a break from 5:40 p.m. until 5:52 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS ON BEHALF OF HOOSIER DADDY, LLC TO REZONE 2.39 ACRES LOCATED AT 5819 AND 5841 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL DISTRICT, TO B-2, HIGHWAY BUSINESS DISTRICT (Z-941, 6/15) Chairman Barfield opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Cindee Wolf of Design Solutions on behalf of Hoosier Daddy LLC, to rezone 2.39 acres at 5819 and 5841 Carolina Beach Road from R-15, Residential District, to B-2, Highway Business District and presented a slide overview of the request. The proposed rezoning is located on two parcels totaling just over 115 acres in size. Of those 115 acres, approximately two acres along Carolina Beach Road are currently zoned B-2. The parcels are undeveloped. Surrounding land uses are mostly nonresidential, including an animal park/zoo, self-storage business, and general office/retail uses. Residential uses are located mostly to the south and west of the commercial node. The application is for a straight rezoning and does not require a conceptual site plan or conditions above and beyond the requirements of the zoning ordinance for the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standards of the B-2 zoning district within the zoning ordinance. The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and the 2006 Wilmington-New Hanover County CAMA Land Use Plan. As the application seeks to expand a commercial node located along a major intersection, it generally complies with goals of Policy 4.3.1 and 4.3.6 of the CAMA Land Use Plan. At the June 4, 2015 meeting, the Planning Board voted 5-1 to recommend approval of the rezoning. In response to questions from the Board, Planner Schuler reported that one neighboring property owner expressed concern about potential future impacts on the animals in their zoo. Chairman Barfield stated that no one had signed up to speak in opposition to the request and invited the petitioner to make comments. Cindee Wolf, the petitioner representing Hoosier Daddy, LLC, presented the request noting that the property on both sides of the proposed rezoning are already zoned B-2 and that the rezoning would be at the same depth of the existing B-2 uses except for a small gap next to the Tregembo’s property. Any potential use would be located within the frontage of the property away from the back of the zoo, which seemed to address Mr. Tregembo’s concern about a multi-story building on the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 344 In response to questions from the Board, Ms. Wolf explained that the owner plans to recombine and subdivide the major tract to be one parcel under the B-2 zone. Chairman Barfield closed the Public Hearing and informed the petitioner that if a rezoning request is denied, a new application may only be submitted within twelve months of the denial if there is a substantial change in the original petition for rezoning. He asked whether the petitioner wanted to continue the application to a future meeting or to proceed with the Board deciding whether to grant or deny the application. Ms. Wolf requested the Board to proceed with the decision on the B-2 rezoning. Chairman Barfield requested direction from the Board. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to approve the rezoning request as the Board finds that the request for a zoning map amendment of 2.39 acres from R-15, Residential District, to B- 2, Highway Business Zoning District as described is: 1.) consistent with the purposes and intent of the “Transition” land use classification in the 2006 CAMA Land Use Plan because the application includes land located along an existing commercial node with access to a major thoroughfare which is suited for urban development; and 2.) reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 101. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT TO THE ZONING ORDINANCE AS SUBMITTED BY PLANNING STAFF TO AMEND SECTION 50, TABLE OF PERMITTED USES, TO PERMIT ADDITIONAL USES IN THE AIRPORT INDUSTRIAL ZONING DISTRICT (A-422, 6/15) Chairman Barfield opened the public hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Ben Andrea presented a request to amend the Zoning Ordinance's Table of Permitted Uses to add uses that would be permitted either by right or by Special Use Permit (SUP) in the Airport Industrial Zoning District that are harmonious with the intent of the zoning district and would cause minimal impact to the community surrounding the district and advance the Board's priority of economic development. Geographically, the district includes the Wilmington International Airport and its immediate surrounding vicinity, including properties along Blue Clay Road and North Kerr Avenue in the Wrightsboro area.  Why changes are needed:  Regulations for the zoning district limit uses, some not logical  Regulations are restrictive of airport objectives  Stepping stone to new zoning ordinance that is 2-3 years off  Staff Goals:  Separate indoor and outdoor recreation into two uses in table  Allow for more uses of equal or lesser intensity within the district  Maintain spirit and intent of district  – Section 53.1-1Describes purpose and goals of Airport Industrial Zoning District:  Main uses should be indoor manufacturing and distribution type operations that are compatible with location advantage of the airport, railroads, and major thoroughfares  Encourage development most compatible with aircraft operations  Protect and promote public utility of the airport  Prevent creation of hazards to the airport  Prevent destruction or impairment of the utility of the airport and the public investment therein  Evaluating the Table of Permitted Uses:  The changes proposed only add possible uses, not change or eliminate any uses  Planning Staff and Airport Staff met and evaluated table for potential changes  Added 25 new by-right uses and 3 uses allowed by SUP  Airport Authority, at its April 1, 2015 Meeting, reviewed and supported the draft changes  Proposed changes presented to Planning Board at May 15, 2015 work session  Planning Board unanimously recommended approval of changes at June 4, 2015 meeting. Jim Morton of the Airport spoke in favor of the proposal and no one spoke in opposition.  Table of Permitted Uses:  25 proposed new by-right uses  3 proposed new uses allowed by SUP:  General Manufacturing:  Manufacturing, bulk storage, and/or handling of finished or unfinished products primarily from extracted, raw, recycled, or secondary materials. Typical uses include textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.  Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products, or by-products. Typical uses include welding shops, machine shops, industrial tool repair, fuel oil distributors, solid fuel yards, and carpet cleaning plants. General manufacturing facilities include those operations that do not NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 345 have significant negative external impacts on surrounding properties, water resources, air quality and/or public health.  Solar Power Farms  TV and Radio Broadcasting The majority of the Airport Industrial District is property owned by the County or the Airport. The proposed uses would have minimal impact to the surrounding community and the small amount of privately owned property in the district. Chairman Barfield announced that no one had signed up to speak in opposition and one person had signed up to speak in support of the amendment and invited Jim Morton to speak. Jim Morton of the Wilmington International Airport expressed appreciation to the Planning staff for their cooperation and assistance in amending the zoning district and stated that the Airport Authority fully supports the proposed changes that will provide additional opportunities to convert different types of uses for economic development. After a brief discussion and clarification of the proposed ordinance amendment, Chairman Barfield closed the public hearing and requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to approve the amendment to the Zoning Ordinance as presented by Staff, as the Board finds that this request as described is: 1.) consistent with the purposes and intent of Policies 4.1, 4.2, 4.3, 5.7, and 15.5 of the 2006 CAMA Land Use Plan because the amendment would broaden the uses allowed in the Airport Industrial Zoning District that would benefit from the location of the zoning district or be supportive of airport operations while having minimal impact on surrounding businesses and residents; and 2.) reasonable and in the public interest as the amendment would support the public investment in the airport and surrounding infrastructure and transportation network while preventing hazards to the airport and minimizing impacts to the surrounding community. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 13.8. CONSIDERATION OF NEW HANOVER COUNTY NAMING AND SPONSORSHIP POLICY Strategy and Policy Manager Beth Schrader presented the proposed Naming and Sponsorship Policy highlighting the following: Why the policy is needed: 1. Ongoing and near-term capital improvement projects and fundraising efforts:  Museum Outdoor Learning Center (OLC)  Ogden Skate Park  Myrtle Grove Library Replacement  Cooperative Extension/Arboretum Contemplation Garden 2. Currently, no formal policy or process exists 3. Lack of documentation and consistent documentation 4. Lack of transparency 5. Lack of existing guidelines, standards or criteria Key Underlying Principles:  Recognizes that county-owned and maintained facilitates and amenities are county assets  Naming rights and sponsorships have value  Sponsorships are business relationships between the County and an outside entity  Decisions about naming and entering into business relationships involving county assets rightly belongs with the Commissioners (or the Board’s designee)  Transparency about what is available, the process, and criteria for review  Written agreements documented so expectations are clearly understood  Different levels of approval based on funding and terms The Policy Covers:  County Owned Facilities - such as buildings, structures, open areas, parks, etc.  County Owned Amenities – smaller support structures or features located within a larger county facility:  Conference rooms, sports fields, playgrounds, skate parks, outdoor learning areas, gardens, stables, etc.  Gazebos, picnic shelters, trails, benches, fountains, programs, etc. Levels of Approval:  Board of Commissioners:  Permanent naming of any facility or amenity  Sponsorships: Terms greater than 5 years or amounts greater than $150,000  County Manager:  Temporary naming of an amenity so long as meets requirements otherwise  Sponsorships: Terms up to 5 years and amounts less than $150,000  Department Head: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 346  Sponsorships: Terms up to 3 years and amounts of $90,000 or less  A Department Head may delegate authority to a staff member for sponsorship agreements for amounts up to $15,000; such approvals must be done in consultation with the Department Head Questions Raised:  Option to add flexibility on posthumous naming:  At the County Commissioners’ discretion, in rare circumstances, a living nominee may be considered.  Levels of Approval for Naming/Sponsorship:  Term length and funding level for Department Head and County Manager approvals  Approval of sponsorships with temporary naming rights for amenities (e.g. athletic field, skate park, conference room)  At the April 30, 2015 Agenda Review, staff reviewed the principles behind the policy and distributed a copy of the draft policy for Board review and comment.  Staff met with key stakeholders to review the policy, and seek input. In discussion of the draft policy, Commissioner White said that the name approval process could be similar to the Museum’s procedure of adding and removing articles from the Museum’s permanent collection. Staff and the advisory board review items and submit a recommendation through consent agenda items for the Commissioners’ approval. The Commissioners may never deny a request, but they have been notified of the recommended action. He suggested that a similar process be considered for approving the name of county assets. Vice-Chairman Dawson agreed that Board approval should be required whether the amount of the contribution is $100 or $100,000, as it is important for the Commissioners to be aware of any contributions made by citizens. She suggested that a template policy be given to fundraising boards for guidance and that the policy includes a means of naming facilities to honor people for their public service. Commissioner Zapple commended the effort for the proposed policy and agreed that the Commissioners should be made aware of any approved names of County’s assets. He requested additional information on how the policy could affect the county-owned television station. After a brief discussion on the draft policy, Vice-Chairman Dawson suggested that additional time was needed to hear comments from advisory board members and for the Commissioners to make changes to the draft. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to table the item until the August meeting to allow additional time for the Commissioners to fine tune the policy. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF THE BID AWARD FOR THE MATERIAL RECOVERY FACILITY IMPROVEMENTS AND THE ASSOCIATED BUDGET AMENDMENT TO TRANSFER FUNDS INTO THE CAPITAL PROJECT Environmental Management Director Joe Suleyman reported that the Capital Project Ordinance for the Material Recovery Facility (MRF) Improvements Project was adopted on June 8, 2015 and has a balance available of $705,000 for the MRF Facility Improvements. A bid opening was held on June 24, 2015 with one bid response. As per GS 143-132, the minimum requirement of three bids was not met and the request for bid was re-advertised with a bid opening of July 2, 2015. One bid was received from Bordeaux Construction Company, Inc. in the total amount of $1,157,100 (base bid of $1,102,000 and contingency amount of $55,100). Director Suleyman recommended to award the bid for MRF Improvements to Bordeaux Construction Company, Inc. and to approve a budget amendment transferring $452,100 from the Environmental Management Enterprise Fund into the Capital Project Fund. The Environmental Management Enterprise Fund is healthy and can support the transfer without fiscal concern or operational impact. In response to the Commissioners’ concerns about the significant increase in the cost of the project, County Manager Coudriet explained that a large amount of work will need to be completed in a short amount of time. The County would have to pay a premium price to get the site ready and completed for the Sonoco operation. The bid process took much longer than anticipated and has compressed the timeline. Director Suleyman explained that a team of sub-contractors would work to complete a number of projects including the demolition of the floor, replacement of the concrete slab, filling in large pits with a compaction rate of 96 percent, rebuilding the north wall, and installing a new sprinkler system. A quick turn-around has driven up the cost during a time when many builders and contractors are busy with other projects. Bordeaux Construction Company has worked on several County projects and the County has been very pleased with their construction. The County will have its project manager, Kevin Caison, oversee the construction and outside engineers will provide testing to make sure the specifications are met for the Sonoco operation. In response to concerns about the error in the cost estimate and the unanticipated expense from the Environmental Management Enterprise funds, County Manager Coudriet asked the Board to consider staff’s history of bringing in projects well under budget and within the timeline and he assured the Board that staff would be more careful in future cost estimates. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 347 Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to adopt the resolution authorizing the award of construction services for the MRF Improvements in the amount of $1,157,100 to Bordeaux Construction Company, Inc., the responsible bidder and to approve budget amendment 2016-007 transferring funds from the Environmental Management Enterprise Fund into the Capital Project Fund for the MRF Improvements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XXXIX, Page 13.9. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Inspections Department Advisory Council Chairman Barfield reported that four vacancies exist on the Inspections Department Advisory Council with three applicants eligible for reappointment and two additional applications available for consideration. Chairman Barfield requested nominations. Commissioner White nominated Stephen Beacham, Anthony T. Dombroski, Ill, and Randall Siegel for reappointment and Walter Pete Avery for appointment as a Commercial Builder representative. Vote Results : The Commissioners voted to reappoint Stephen Beacham, Anthony T. Dombroski III, and Randall Siegel and appoint Walter Pete Avery, in the Commercial Builder Category, to serve three-year terms on the Inspections Department Advisory Council with the terms to expire on July 31, 2018. Appointments to the New Hanover County Planning Board Chairman Barfield reported that three vacancies exists on the Planning Board with two applicants eligible for reappointment and twelve additional applications available for consideration. Chairman Barfield requested nominations. Vice-Chairman Dawson nominated Ernest W. Olds for appointment. Commissioner White nominated Thomas "Jordy" Rawl for reappointment and Patrick G. Riley and Jeffrey R. Bellows for appointment. Commissioner Zapple nominated David F. Weaver for reappointment. With no other nominations, Chairman Barfield called for the votes as follows: Ernest W. Olds received three votes for appointment from Chairman Barfield, Vice-Chairman Dawson and Commissioner Zapple. Thomas "Jordy" Rawl received three votes for reappointment from Vice-Chairman Dawson, Commissioner White, and Commissioner Zapple. Patrick G. Riley received two votes for appointment from Commissioner White and Commissioner Watkins. Jeffrey R. Bellows received two votes for appointment from Commissioner White and Commissioner Watkins. David F. Weaver received three votes for reappointment from Chairman Barfield, Vice-Chairman Dawson and Commissioner Zapple. Vote Results: The Board voted to reappoint Thomas "Jordy" Rawl and David F. Weaver and appoint Ernest W. Olds to serve three-year terms on the Planning Board with the terms to expire July 31, 2018. Appointment to the New Hanover County Risk Management Advisory Committee Chairman Barfield reported that a vacancy exists for an unexpired term on the Risk Management Advisory Committee with three applications available for consideration. Commissioner Zapple nominated John M. Fogg. Vice-Chairman Dawson nominated John Nunn. Vote Results: The Board voted 3 to 2 to appoint John Nunn to serve an unexpired term on the Risk Management Advisory Committee with the term to expire on September 1, 2016. Chairman Barfield, Vice-Chairman Dawson and Commissioner White voted in favor. Appointments to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chairman Barfield reported that seven vacancies exist on the Parks Conservancy Board of Directors with one applicant eligible for reappointment and five applicants available for consideration. Chairman Barfield nominated Faye Brock for reappointment and Beth W. Crookham, Tori Jones, Anne Murray, Kelsey Obernuefemann, and Jamie D. White for appointment. Vote Results : The Board voted UNANIMOUSLY to reappoint Faye Brock and appoint Beth W. Crookham, Tori Jones, Anne Murray, Kelsey Obernuefemann, and Jamie D. White to serve three-year terms on the Parks Conservancy Board of Directors with the terms to expire on June 30, 2018. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JULY 20, 2015 PAGE 348 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that no one from the public had signed up to speak on non-agenda items. COUNTY MANAGER COMMENTS County Manager Coudriet reminded the Board of one scheduled Board meeting for next month on August 17, 2015. COMMISSIONERS COMMENTS  Commissioner Watkins expressed sympathy for the families who lost loved ones in the recent tragedy involving our military in Chattanooga, Tennessee and he expressed appreciation for those who serve in the armed forces at home and overseas.  Commissioner Zapple reported that he, Commissioner Barfield and County Manager Coudriet attended the NACo Annual Conference in Charlotte, NC. Secretary of Defense Ash Carter was one of the nationally known speakers and several informative sessions were held on Medicare, Medicaid, transportation issues, land-use issues.  Chairman Barfield reported on serving on the NACO Transportation Steering Committee and that the Secretary of Transportation Anthony Fox attended the conference. He also reported that County Manager Coudriet served as chair of the Medicaid and Indigent Subcommittee meeting and serves as a member of the NACo Health Steering Committee.  Vice-Chairman Dawson thanked the Board for appointing her as the voting delegate to the NCACC Annual Conference in Pitt County. She also reported that she serves a member of the NCACC Mental Health Task Force and that group will be presenting its report at the conference. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 7:11 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.