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HomeMy WebLinkAbout2015-09-14 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 370 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 14, 2015, at 4:00 p.m. in the Human Resources Training Rooms, New Hanover County Government Center, 230 Government Center Drive, Suite 135, 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 Russell Nanney, Harbor United Methodist Church, provided the invocation and Commissioner Zapple 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: Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to approve 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 Agenda Review of August 13, 2015 and the Regular Meeting of August 17, 2015, as submitted by the Clerk to the Board. Ratification of Constitution Week Proclamation – Governing Body The Commissioners ratified a proclamation recognizing September 17-23, 2015 as Constitution Week in New Hanover County. Vice-Chairman Dawson attended meetings of the Daughters of the American Revolution - Tea Walk Chapter and the Stamp Defiance Chapter prior to September 14, 2015, where she presented proclamations recognizing September 17-23, 2015 as Constitution Week. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.1. Award of Bid for the Purchase of Four Ford Mustang GT Fastbacks to Capital Ford of Wilmington – Sheriff’s Office The Commissioners adopted a resolution awarding a bid for the purchase of four 2016 Ford Mustang GT Fastbacks to Capital Ford of Wilmington, in the amount of $119,168. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.2. Acceptance of June 2015 Tax Collection Reports and the Annual Statement Report – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of June 2015 and the report of the Fiscal Year 2014-2015 Annual Statement. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 15.3. Approval of Adding an Additional Position to the Mental Health Contract with New Hanover County Schools and Approval of Budget Amendment – Health Department The Commissioners approved adding an additional position, either a Licensed Clinical Social Worker (LCSW) or a Licensed Professional Counselor (LPC), to the New Hanover County Schools’ contract for the Mental Health Program and adopted the associated Budget Amendment 16-011 in the amount of $80,000. The Board of Health approved the contract at their September 2, 2015 meeting in the amount of $680,000 for thirteen Licensed Clinical Therapists for thirteen elementary and four middle schools. No County matching funds are required and an existing unfunded position will be transferred so the position count will not increase. A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.4. Adoption of Budget Ordinance Amendments – Strategy and Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2016: 16-001 Library 16-002 Community Justice Services 16-003 Health Department 16-004 Emergency Management and 911 Communications 16-005 Sheriff's Office NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 371 16-006 Library 16-008 Sheriff's Office 16-009 Sheriff's Office 16-010 Strategy and Budget 16-012 Sheriff's Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 15.5. REGULAR ITEMS OF BUSINESS INTRODUCTION OF NEW ABC BOARD CHIEF EXECUTIVE OFFICER Bob Martenis, Chairman of the ABC Board, introduced the Board's new Chief Executive Officer, Marnina Queen. Ms. Queen expressed appreciation for the honor of serving as the CEO for the New Hanover County ABC Board. On behalf of the Commissioners, Chairman Barfield welcomed Ms. Queen to the County. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving retirement awards: Donna Willetts, Department of Social Services, retiring with 25 years of service Linda Mitchell, Department of Social Services, retiring with 30 years of service William Eubanks, Planning and Inspections Department, 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: John Carpenter, Sheriff’s Office Mark Mabry, Environmental Management Department James Price, Sheriff’s Office Vanessa Turner, Department of Social Services Ten Year: Jay Edwards, Health Department Cori Kiefner, Sheriff’s Office Laurie Parks, Health Department Fifteen Year: Alice Moore, Department of Social Services Paige Owens, Library Twenty Year: Brad Shoaf, Planning and Inspections Department Twenty–Five Year: Chris O'Keefe, Planning and Inspections Department Thirty Year: Gloria Bowden, Department of Social Services Jamie Richter, Department of Social Services 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 to be introduced: George Herrera, Sheriff’s Office Peter Batson, Fire Services Drew Bell, Department of Social Services Crystal Blumenschein, Emergency Management/911 Communications Sarah Blythe, Emergency Management/911 Communications LaQuinda Brown, Department of Social Services William Bramble, Environmental Management Department Keon Butcher, Department of Social Services Sara Davis, Governing Body Alexis Devone, Department of Social Services Kenneth Drakeford, Property Management Patricia Goss, Emergency Management/911 Communications Destiny Hansley, Emergency Management/911 Communications Tina Jones, Emergency Management/911 Communications Patricia McGuire, Emergency Management/911 Communications Stewart Newton, Sheriff’s Office Wendy Norris, Department of Social Services LaVentrice Peeples, Emergency Management/911 Communications Jennifer Price, Information Technology Department Cody Pritchett, Property Management NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 372 Christy Raley, Department of Social Services Dana Rhodes, Department of Social Services Brenda Schwartz, Department of Social Services Kayleigh Simione, Emergency Management/911 Communications Brittany Straughn, Emergency Management/911 Communications Anthony Streeter, Property Management On behalf of the Board, Chairman Barfield welcomed the employees to County Government and wished them success in their new positions. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2015 AS RECOVERY MONTH Chairman Barfield reported that Trillium Health Resources and the Cape Fear Recovery Month Committee requested the Board to declare September as Recovery Month. Vice-Chairman Dawson read the proclamation into the record and moved for adoption. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to adopt the proclamation declaring September 2015 as Recovery Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.6. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2015 AS LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY Chairman Barfield reported that the Cape Fear Literacy Council requested the Board to proclaim the month of September 2015 as Literacy Awareness Month and September 8, 2015 as International Literacy Day. Commissioner Zapple read the proclamation into the record and moved for adoption. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Dawson, to adopt the proclamation declaring September 2015 as Literacy Awareness Month and September 8, 2015 as International Literacy Day in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Yasmin Tomkinson, Cape Fear Literacy Council Executive Director, accepted the proclamation and expressed appreciation for the recognition from the County and the communities’ support of the literacy program. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.7. NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY ANNUAL UPDATE Frank M. Jones, Tourism Development Authority Chairman and Kim Hufham, Wilmington and Beaches CVB President/CEO presented an update on the New Hanover County Tourism Development Authority highlighting the following:  State of Tourism:  2014 Tourism Expenditures of $507.9 million – 6.33% increase  NHC tourism generated $43.93 million in local/state taxes  More than 5,680 employed in travel and tourism related jobs - $113.27 million in payroll  Each NHC resident’s taxes were offset $202.45  Maintained Ranking: #8 among NC’s 100 counties and #2 among coastal counties  2014/15 Room Occupancy Tax (ROT) Collections:  FY 2014/15 ROT collections up 9.74%  CY 2015 up 7.16% (January thru June)  Second 3% collections for FY 2014/15:  Carolina Beach – 11.56%  Kure Beach – 13.17%  Wrightsville Beach – 6.52%  Wilmington – 7.32%  Convention Center District – 18.43%  District U (unincorporated area) – 16.96%  2014/15 ROT Distribution Total Collections of $10,322,085:  Beach Erosion – $2,758,028 (27%)  Tourism – CVB – $2,042,854 (20%)  Carolina Beach – Marketing and Activity – $887,265 (8%)  Kure Beach – Marketing and Activity – $401,163 (4%)  Wrightsville Beach – Marketing and Activity – $1,152,565 (11%)  Wilmington Convention Center – $3,080,208 (30%)  2014/15 ROT Collections by Category:  Marketing – $3,195,976 (30%)  Tourism Related Activities – $1,287,873 (13%)  Beach Nourishment – $2,758,027 (27%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 373  City of Wilmington - Convention Center – $3,080,208 (30%)  2015/2016 Budget Highlights:  Total budget of $4,333,888 – 5.32% increase over FY 2014/2015  Revenues show a 4% increase  First 3% budget shows 3.92% increase in expenditures  Contracted Services – NC Travel and Tourism Coalition  Brochures and Publications – VG offset by advertising  Advertising: Continue to shift from print to online – digital largest inquiry generator  Promotions:  Hosting Society of American Travel Writers (SATW) in Spring 2016  Visitor Research – Arrivalist to track visitors from visiting web site to destination  Trade Shows: Addition of RCMA  District U:  Focused of active and vibrant nature – leisure  Sports marketing efforts to promote countywide facilities  2015/16 Revenues: $14.3 million  Projected ROT Revenues FY 2015/2016 = $4,333,888:  First 3% ROT Collections (based on 4% increase) = $1,679,104:  Administrative Revenue = $141,161  Total Revenues - First 3% ROT = $1,820,265  Convention Center Marketing = $312,780  Second 3% ROT Collections = $2,200,843: Net Promotion Activity  Carolina Beach $712,564 $331,395 $381,169  Wrightsville Beach $991,772 $461,247 $530,525  Kure Beach $316,507 $147,199 $169,308  District U $180,000 $120,000 $ 60,000  2015/16 Budgeted Expenditures = $4,333,888  First 3% CVB Budget = $1,820,265:  Marketing = $1,347,242  Administration = $343,607  Visitor Services = $129,416  Convention Center Marketing = $312,780  Second 3% Budget: $2,200,843:  Carolina Beach = $712,564  Kure Beach = $316,507  Wrightsville Beach = $991,772  District U = $180,000  2015/2016 Expense Breakdown:  Administration – $343,607 (19%)  Visitor Services – $129,416 (7%)  Marketing/Promotions – $1,347,242 (74%)  Marketing Highlights:  Integrate content marketing through multi-channel storytelling  Development of videos and images – mobile  Increase social media paid advertising spending  Implement Arrivalist technology – measure arrivals after media exposure  Expand social media content campaigns – event streaming  #spreadtheWilm – brand ambassadors program and stunt video  Meeting and events on social media channels  Partnerships:  Destination Travel Network  CFCC Humanities and Fine Arts Center  Convention Center District properties  Enhance Visitors Guide – tear out map  Expand Group Sales efforts to regional and national groups  Increase sports marketing initiatives  Host FAM tour for SATW post conference  Legislative Issues:  School Calendar Law  Rent by Owner and ROT Remittance  Film Incentives  EDPNC and VisitNC  Beach Renourishment and Inlet Dredging Funding  Sales Tax on Entertainment  Off Shore Drilling  Sales Tax Realignment/Redistribution NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 374 In response to questions on the legislative issues, Ms. Hufham explained that the TDA would continue to monitor the sales tax on entertainment legislation, receive detailed information from both sides of the off-shore drilling issue before taking a position, and continue to support the County in receiving its share of the sales tax noting the importance of the tourism industry in generating revenue for the County. On behalf of the Board, Chairman Barfield thanked Mr. Jones and Ms. Hufham for the update. PRESENTATION ON THE 2017 NEW HANOVER COUNTY PROPERTY REVALUATION UPDATE Tax Administrator Roger Kelley and Revaluation Coordinator Scott Saunders presented an update on the 2017 Property Revaluation process highlighting the following:  Residential Progress:  Parcels visited to date = 56,608  Percentage completed = 70.6%  Percentage completed should be = 76.3%  Residential parcels to visit = 23,566  Nine appraisers measuring 25 parcels each per day, averaging three days a week = 675 parcels  Residential field data collection completed in 35 weeks  Projected completion of visiting all residential property is April 22, 2016  Commercial Progress:  Parcels visited to date = 3,916  Percentage completed = 48.2%  Percentage completed should be = 72.9%  Two appraisers to shift from residential field data collection to commercial field data collection to correct deficit  Commercial parcels to visit = 4,915  Four appraisers measuring ten parcels each per day, averaging four days a week = 160 parcels  Commercial field data collection completed in 31 weeks  Projection completion of visiting all commercial property is March 25, 2016  Administrative staff has encoded 39,164 parcels to date  Citizen Participation:  45,838 (81%) people not at home  9,391 (16.7%) door hangers returned  1,379 (2.4%) email/online questionnaires returned  Improvements to Process:  Fully staffed with two commercial appraisers as of January 20, 2015  Fully staffed with eight residential appraisers as of February 25, 2015  Acquired two additional vehicles for personnel on March 20, 2015  Three temporary data collectors started on December 15, 2014  One additional temporary data collector started on September 8, 2015  Two temporary data encoders started in July of 2015  Revaluation Timeline:  Complete residential and commercial field data collections = April 2016  Residential and commercial value reviews = September 2016  Presentation on proposed 2017 Schedule of Values = first Board meeting in August 2016  Public hearing on the 2017 Schedule of Values = first Board meeting in September 2016  Approval of the 2017 Schedule of Values = second Board meeting in September 2016  Effective date of countywide reappraisal = January 1, 2017  Mail out of 2017 Notice of Value letters = January 2017  Informal Hearings = January 2017 to March 2017  Board of Equalization and Review Hearings = April 2017  Web site shows the daily update on Revaluation Progress Map Tax Administrator Kelley explained that to ensure correct data, the Tax Office will perform random spot checks and letters will be sent to each homeowner for verification of the data. Corrections will be made and any dispute in value would be first considered through an informal hearing at the Tax Office with an opportunity to be heard by the Special Board of Equalization and Review starting in April 2017. Chairman Barfield thanked Mr. Kelley and Mr. Saunders for the update and for their service to the County. APPROVAL OF RISK REDUCTION PLAN, BEACH RENOURISHMENT EVALUATION REPORT AND REFINED SHORELINE MODELING, (PLAN C) Shore Protection Coordinator Layton Bedsole presented a proposal for the Risk Reduction Plan (RRP), Beach Renourishment Evaluation Report (BRER), and Refined Shoreline Modeling (Plan C). The 2014 Water Resources Reform Development Act (WRRDA) Section 1037 provides the Carolina Beach Coastal Storm Damage Reduction (CSDR) Project an opportunity for a potential 15-year authorization extension until FY 2029. Section 1037 also requires the non-Federal interest provide a RRP demonstrating a risk reduction to people and property during the life of the project. The RRP will become an appendix to the Corps of Engineers’ BRER evaluation of the Carolina Beach project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 375 A staff selection committee along with the Carolina Beach Town Manager interviewed four coastal engineering firms that responded to the County’s request for qualifications (RFQ). Moffatt and Nichol was the selection committee’s first choice and staff negotiated the primary RRP scope, fee and schedule for $149,919. As part of the RFQ, the engineering firms were asked to provide qualifications of optional deliverables including refined sand- transport modeling as well as economic analysis. Moffatt and Nichol provided optional deliverables for each project’s sand transport modeling in the event the state and local governments are required to build Wrightsville Beach in FY 2018 and/or Carolina Beach in FY 2019. Staff negotiated the optional refined modeling deliverable scope, fee and schedule for the Carolina Beach, Kure Beach and Wrightsville Beach projects respectively at $160,795, $194,380, and $194,380 for the optimum template. The expense has been budgeted and no additional funds needed. On August 20, 2015, the Corps held a project update meeting with Carolina Beach, Kure Beach, Wrightsville Beach and the County stakeholders. Based on the Corps’ anticipated project deliverables and budgeting timelines, staff recommends proceeding with the primary scope as well as the optional refined modeling deliverables. The County will be using current scientific methods supporting the projects’ sand volumes and placement locations. The County and stakeholders should be prepared to maintain the CSDR projects at Wrightsville Beach in FY 2018 and Carolina Beach in FY 2019 without federal fiscal support. At this time, Congress has not authorized any funding for the projects. In discussion, Mr. Bedsole explained that in the future, it may be necessary for the County to fund the maintenance projects and the proposed refined scale modeling analyses would provide data on the expected amount of sand needed for the projects and calculate the costs. Once completed, future projects would use the same modeling template. The Corps has not scheduled the Wrightsville Beach project and Congress has not allocated any funding for it. Before the Corps moves forward, an economic impact study and a cost update must be provided to the cost control board before the Corps could schedule the project. Regarding questions on the Room Occupancy Tax (ROT) fund, Mr. Bedsole estimated the cost of the Carolina Beach maintenance project to be $8 million. In the past, the federal government has funded 65% of the projects with the state and local governments providing the remainder. If the state continues to fund beach renourishment, the Finance Department estimates ROT funding should remain positive until 2054. Currently, the County has $38 million in ROT funds. Motion : Commissioner White MOVED, SECONDED by Commissioner Watkins, to approve the contract with Moffatt and Nichol to provide the non-federal Risk Reduction Plan and the project’s refined modeling for Carolina, Kure and Wrightsville Beaches at a cost of $699,474. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK : Chairman Barfield called a break from 5:41 p.m. until 5:54 p.m. PUBLIC HEARING ON THE NEW HANOVER COUNTY COMPREHENSIVE PLAN - CHAPTER 3: FRAMING THE POLICY OF THE COMPREHENSIVE LAND USE PLAN Chairman Barfield opened the public hearing and requested staff to make the presentation. Long Range Planner Jennifer Rigby presented Plan NHC: Chapter 3 “Framing the Policy” highlighting the following:  Process Included:  Six Theme Committees:  Livable Built Environment  Harmony with Nature  Interwoven Equity  Healthy Community  Resilient Economy  Responsible Regionalism  Citizen Advisory Committee:  Appointed by the Commissioners and plus a representative from each theme committee  Total agreement not reached on all goals and strategies but an overall consensus was achieved  Twenty-one Overarching Goals and Implementation Strategies by Citizens Advisory Committee and Planning Board:  Mutually Agreed upon Goals:  Promote environmentally responsible growth  Promote fiscally responsible growth  Increase recycling and reduction of solid waste  Increase public safety by reducing crime through the built environment  Conserve open space for long-term agricultural and rural uses  Conserve environmentally critical areas  Integrate multi-modal transportation into mixed land uses that encourage safe, walkable communities  Increase physical activity and promote healthy, active lifestyles  Increase access to affordable and convenient healthy foods  Provide for a range of housing types, opportunities and choices  Revitalize commercial corridors and blighted areas through infill and redevelopment  Link major natural habitats NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 376  Conserve and enhance our unique sense of place to attract individuals, companies and organizations  Use public infrastructure improvements to leverage private investments  Support business success  Support health promotion and disease prevention while minimizing debilitating effects of mental and physical disabilities  Support workforce development and economic prosperity for all  Planning Board’s Recommendations:  Edit place-based economic development goal to include additional implementation strategy  Add additional goal and implementation strategies for education  Edit water quality goal to comply with state standards  Edit air quality goal to remove monitoring cumulative impacts for non-attainment  County Staff and County Management Recommendations:  Use language that is consistent with New Hanover County Shore Protection Coordinator efforts  Use language that is consistent with the roles and responsibilities of New Hanover County government and New Hanover County Public Schools  Use consistency with the Board of Commissioners Legislative priorities for 2015, which includes “Protect County requirements for land use planning and design regulatory authority”  Staff recommends NHC remain abreast of any Non-Attainment status designation.  County Management and Staff recommendations:  Goal: Promote place-based economic development in the region that is tied to our natural resources:  Preserve, conserve, and/or maintain coastal infrastructure features including natural and man-made; which are critical to our quality of life, economy, and coastal environment  Goal: Actively promote high quality educational and diverse cultural opportunities for New Hanover County residents and visitors:  Work with NHC Public Schools as well as community stakeholders and institutions to support high quality Pre-K, primary and secondary educational opportunities to meet current and future needs of County residents  Form diverse partnerships to maximize utilization and improve access to recreational and cultural opportunities  Partner with NHC Schools, UNCW, CFCC and economic development stakeholders to promote educational programs that support the full range of skills sets employers need  Goal: Preserve and Protect water quality and supply:  Continue to participate in the development of state standards and advance the adoption and implementation of local best management practices to ensure the retention, acquisition, and management of natural vegetation and riparian buffers to preserve maintain and protect water quality  Continue to participate in the development of statewide regulation of subdivision design standards and advance the adoption and implementation of local best management practices to protect and improve water quality in sensitive areas  Continue to develop and update educational and other strategies to deal with point and non- point source impacts on water quality  Goal: Ensure NHC remains in attainment for air quality, in support of clean air and improved public health outcomes in support of continued growth:  Consider a program for NHC staff to work with NCDENR to review air quality monitoring site data and stay abreast of current and proposed Clean Air Act requirements that could affect the Non-Attainment status of New Hanover County  “These twenty one goals exemplify an interwoven framework of economic, environmental, and social responsibility for New Hanover County. Each goal represents a course of action. Collectively, they steer the County towards prosperity and provide a vision for the future. These goals are not meant to be considered in order of priority.”  Next Steps:  Board of Commissioners adopt a resolution for Chapter 3: Framing the Policy  Joint Planning Board and Board of Commissioners Work Session to discuss Chapter 4: Visualizing the Future on October 19, 2015  CAMA Considerations and Implementation Plan The Commissioners expressed appreciation for the public participation, especially from the theme committees and advisory committee members; and they discussed the importance of having continued community outreach and public engagement throughout the plan. Ms. Rigby reported that significant focus has been placed on community outreach; however, the final chapter of the detailed implementation plan could make a special reference that all of the implementation strategies and goals include a community outreach plan associated with them. Chairman Barfield stated that no one had signed up to speak other than staff and closed the public hearing. He requested direction from the Board. Motion : Commissioner White MOVED, SECONDED by Vice-Chairman Dawson, to adopt a resolution validating “Framing the Policy” as the third chapter within the Comprehensive Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 377 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 15.8. PUBLIC HEARING AND DENIAL OF REQUEST TO REZONE 3.28 ACRES LOCATED AT 813 AND 817 PINER ROAD FROM (CUD) O&I, CONDITIONAL USE OFFICE AND INSTITUTIONAL DISTRICT, TO O&I, OFFICE AND INSTITUTIONAL DISTRICT (Z-943, 8/15) Chairman Barfield opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Candice O. Alexander on behalf of the property owners, Proclaim Holdings, LLC, William Spencer Hackney II, and Tara Sanders Hackney, to rezone 3.28 acres located at 813 and 817 Piner Road from (CUD) O&I, Conditional Use Office and Institutional District, to O&I, Office and Institutional District and presented a slide overview of the request. The property is located approximately one half mile east of the intersection of Carolina Beach Road and South College Road, a large commercial area known as Monkey Junction. The Wilmington Metropolitan Planning Organization conducted a traffic count in 2013 at the 600 block of Piner Road and the count yielded an Average Daily Traffic (ADT) of 13,904 trips. Piner Road has a design capacity of only 10,400 daily trips, and classified as an "F" Level of Service (LOS) with a Volume of Capacity Ratio of 1.34. Any proposed development that generates more than 100 peak hour trips will require a Traffic Impact Analysis (TIA). The property was originally zoned R-15 when zoning was applied to the area in 1971. In 1997, the property was rezoned to a Conditional Use Office and Institutional District and a Special Use Permit was granted for a real estate office. The Conditional Use District and Special Use Permit were later modified in 1998 and 2002 to allow for general and professional offices, an outdoor/indoor recreation facility, and for the expansion of the existing structures on the property. Currently, each parcel contains an office building, and a business is being operated on the parcel that fronts Piner Road. This application would rezone the property to a general Office and Institutional District. A conceptual site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the proposed district. If rezoned, the property would be allowed to be developed in accordance with the standards of the O&I zoning district within the zoning ordinance. 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 and complies with the Transition classification of the Land Use Plan. Consistent with Policy 4.3 of the Land Use Plan, this application should not diminish the quality of life in nearby residential areas. The area proposed to be rezoned is close to existing office and institutional zoning and uses, and therefore this request will be consistent with the development patterns of the area. At their August 6, 2015 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning. No one from the public spoke in support or in opposition to the rezoning request. A community meeting was held on June 8, 2015 in accordance with the requirements for an application with six members of the public attending. Commissioner Zapple expressed concern that Piner Road had more than 3,000 vehicle trips per day over capacity and he was well aware of the difficulty in traveling the road with two schools located adjacent and next to the property. He felt that the conditional zoning district would allow the Board an opportunity to consider the plans for the site and have some discussion on requiring road improvements, such as a turning lane, etc. Furthermore, he noted that the poor soil conditions and drainage issues might require sewer service to the property. Chairman Barfield commented that traffic would be an issue on the road no matter the use of the property and he believed NCDOT would be unable to require any beneficial improvements. He requested that Mike Kozlosky, Executive Director of the MPO, be present at future meetings when traffic concerns are an issue. Chairman Barfield stated that no one had signed up to speak in opposition to the request and invited the petitioner to make comments. Candice O. Alexander, representing the property owner Proclaim Holdings, LLC, William Spencer Hackney II, and Tara Sanders Hackney, presented the request for the rezoning to a general O&I, Office and Institutional District. She said the rezoning would allow the owners to effectively plan for the property within the permitted uses of Office and Institution. The site is classified as Transition and meets those guidelines and purposes by providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The O&I District would make the property more viable for future development and more desirable for future property owners to have a more streamline process. 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. Alexander requested the Board to proceed with the decision. Chairman Barfield requested direction from the Board. Commissioner Watkins pointed out that a large amount of undeveloped land closer to the Monkey Junction area is available for O&I development and that Piner Road is more than 35% over designed capacity for safe driving conditions. Motion : Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to deny the request for a rezoning of 813 and 817 Piner Road from (CUD) O&I, Conditional Use Office and Institutional District, to O&I, Office and Institutional District as described is: 1.) It is not reasonable or in the public interest because of public health and safety NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 378 of an overtaxed roadway; and 2.) It is not reasonable and in the public interest because of existing undeveloped O&I property nearby and northwest of the property is available for development. Upon vote, the MOTION CARRIED 3 to 2. Chairman Barfield and Vice-Chairman Dawson voted in opposition. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY ASHLEY MEARES ON BEHALF OF THE PROPERTY OWNER, CARROLL C CORP., TO PLACE A SINGLE-WIDE MOBILE HOME AT 1105 AND 1109 WIND SAIL DRIVE IN WRIGHTSBORO (S-627 9/15) 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: Ben Andrea Brad Schuler Chris O’Keefe Donna Girardot Joseph Hudson Current Planner Brad Schuler presented the request for a Special Use Permit by Ashley Meares on behalf of the property owner, Carroll C Corp., to place a single-wide mobile home at 1105 and 1109 Wind Sail Drive in the Wrightsboro community and provided a slide overview of the property. The property is zoned R-20, and consists of two parcels of land totaling 0.68 acre within the Wind Sail subdivision. Two parcels are necessary to accommodate both the mobile home and the septic system that will serve the home. If approved, the two parcels will be combined into one in accordance with Health Department standards. The zoning ordinance requires single-wide mobile homes to obtain a Special Use Permit when located in certain zoning districts (RA, R-20, I-1, and I-2). However, it does not require the Planning Board to review SUP applications for mobile homes; a standard that has been in place since 1990. As single-wide mobile homes are generally not a very complex or impactful use, this allows the application to have a shorter review period. The property is classified as Transition according to the 2006 CAMA Land Use Plan. Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Evidence presented supports that the use will not substantially injure the value of adjoining property and that the location and character of the use if developed according to the plan will be in harmony with the area. 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 Transition land use classification, and not in conflict with any other policies of the CAMA Land Use Plan. Chairman Barfield stated that no one had signed up to speak in opposition of the request and invited the petitioner to make comments. Joseph Lee Hudson, property owner of Carroll C Corp., stated that he purchased the property on Wind Sail Drive thirty years ago and was only able to develop ten of thirty lots. After two years of land management work on the property, he recently was able to get five additional lots to perk for development. Access to the site is through the mobile home park and the proposed use will be in harmony with the area. Chairman Barfield closed the public hearing and stated if the Special Use Permit is denied, the petitioner may only resubmit at the discretion of the Planning Director. He asked whether the petitioner wished to proceed or continue the matter. Mr. Hudson responded that he wished to proceed. Chairman Barfield requested direction from the Board. Motion: Commissioner White MOVED, SECONDED by Commissioner Zapple, to approve the Special Use Permit to place a single-wide mobile home at 1105 and 1109 Wind Sail Drive in the Wrightsboro community as requested and presented based on the findings of fact. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 57. COMMITTEE APPOINTMENTS New Hanover County Juvenile Crime Prevention Council Chairman Barfield reported that vacancies exist on the Juvenile Crime Prevention Council and requested nominations from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to appoint Valerie Arroyo, John M. Coble, Cathy Guidry, and Evelyn Sanders to serve two-year terms on the Juvenile Crime Prevention Council with the term to expire on September 30, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, SEPTEMBER 14, 2015 PAGE 379 New Hanover County Nursing Home Community Advisory Committee Chairman Barfield reported that two vacancies exists on the Nursing Home Community Advisory Committee with one applicant eligible for reappointment and two applications available for consideration. Chairman Barfield requested nominations. Vice-Chairman Dawson nominated Juanita Ralston Venters for reappointment and Sandy Andrews for appointment. Vote Result : The Commissioners voted UNANIMOUSLY to reappoint Juanita Ralston Venters to serve a three-year term on the Nursing Home Community Advisory Committee with the term to expire on September 30, 2018 and to appoint Sandy Andrews to serve a one-year term on the Nursing Home Community Advisory Committee with the terms to expire on September 30, 2016. New Hanover Regional Medical Center Board of Trustees Chairman Barfield reported that four vacancies exist on the New Hanover Regional Medical Center Board of Trustees with four applicants eligible for reappointment and 17 applications available for consideration. Vice-Chairman Dawson nominated Rhonda Amoroso, John R. Andrew, Robert G. Greer, and Richard McGraw for reappointment. Commissioner Zapple nominated Ida R. Smith for appointment. Vote Result : The Commissioners voted UNANIMOUSLY to reappoint Rhonda Amoroso, John R. Andrew, and Robert G. Greer and voted 4 to 1 to reappoint Richard McGraw to serve three-year terms on the New Hanover Regional Medical Center Board of Trustees with the terms to expire on September 30, 2018. Commissioner Zapple voted in favor of Ida R. Smith. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that three people from the public had signed up to speak on non-agenda items.  Gregory Crockett, resident of Wilmington, quoted from a religious text concerning human tribality.  William English, resident of Garner, NC and one of the heirs of the Flossie Bryan tract, requested the Commissioners to act pursuant to the court order of December 2006 on jointly owned property between the Bryan family and the County so that a settlement could be reached for the family. County Attorney Copley responded that before the legal department could proceed, the heirs would need to come together and provide a signed statement of their intentions for the property.  Amanda Boomershine, a resident of Robert E. Lee Drive and a parent of two children attending Forest Hills Global Elementary School, expressed concern for the overcrowding in the public schools and requested the Commissioners to help the School Board in alleviating the problem. The Commissioners briefly discussed the roles of the Commissioners and the Board of Education pointing out that the County funds the building of new schools but School Board members make decisions on staffing of the schools. COMMISSIONER COMMENTS  Vice-Chairman Dawson reported that she presented the 2015 Constitution Day Proclamation to two local chapters of the Daughters of the American Resolution and invited everyone to the Constitution Day Bell Ringing on September 17 at 4:00 p.m. on the steps of the New Hanover County Courthouse.  Commissioner Zapple thanked Bob Moulton of National Pawn for his contribution and donation of musical instruments to the D.C. Virgo Preparatory Academy to support the school’s music program. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 7:30 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.