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2016-01-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 440 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 4, 2016 at 4:00 p.m. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; 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 Dr. Clifford D. Barnett, Sr., Warner Temple A.M.E. Zion Church, provided the invocation and Commissioner Skip Watkins led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Commissioner White requested the removal of Consent Item #2 Appointments of Commissioners to Community and County Boards for 2016 from the Consent Agenda for further discussion and consideration. Chairman Dawson announced that discussion of the appointments would be added to the end of the Regular Agenda. Hearing no other comments, Chairman Dawson requested a motion to approve the remaining three items on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, 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 Meeting of December 10, 2015 and the Regular Meeting of December 14, 2015, as submitted by the Clerk to the Board. Approval of October 2015 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of October 2015. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 1.1. Adoption of Budget Ordinance Amendments – Strategy and Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2016: Sheriff's Office – BA 16-049 Health Department – BA 16-045 and BA 16-050 Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 1.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF PLAQUE TO VICE-CHAIRMAN JONATHAN BARFIELD, JR. FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF COMMISSIONERS FOR THE PAST YEAR Chairman Dawson recognized Vice-Chairman Jonathan Barfield, Jr. for his service as Chairman of the Board of Commissioners from December 22, 2014 to December 14, 2015 and presented Vice-Chairman Barfield a plaque. Vice-Chairman Barfield expressed appreciation for the opportunity to serve as Chairman and to serve the community. ADOPTION OF A CODE OF ETHICS FOR THE CURRENT BOARD MEMBERS Chairman Dawson said that General Statute 160A-86 requires that local governing boards shall adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of the member's official duties as a member of that governing board. She requested the Board to adopt and sign the resolution in support of the Code of Ethics as presented. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt a resolution approving the Code of Ethics for the current members of the Board, as General Statute 160A-86 requires adoption by members of governing bodies. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 1.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 441 ADOPTION OF RESOLUTION APPROVING GRANT APPLICATION FOR THE MASON INLET RELOCATION PROJECT (MIRP) Shore Protection Coordinator Layton Bedsole reported that in 2013, the NC General Assembly established the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund managed by the NC Division of Water Resources (NCDWR) to help areas in maintaining local waterway channels. Staff is requesting to submit a grant for the 2015/2016 Mason Inlet Relocation Project. The project should qualify under the statute’s definition of “a waterway connection with a maximum depth of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway.” If approved by the NCDWR, the grant would provide 66% or approximately $913,000 of the $1.37 million project. The Wrightsville Beach members of the Mason Inlet Preservation Group would be assessed the remaining costs. The proposed resolution confirms the County’s intent and understanding of the grant. In response to questions from the Board, Mr. Bedsole reported that Wrightsville Beach property owners from the SunSpree Resort to the inlet would benefit from the grant. Figure 8 Island would pay for any sand received for their beach renourishment. Commissioner Zapple thanked Mr. Bedsole for his efforts in trying to find funding sources for dredging and beach renourishment projects. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt a resolution approving the grant application to the NC Division of Water Resources to provide financial assistance to the Mason Inlet Preservation Group for the 2016 Mason Inlet Relocation Project in the amount of $913,044 or 66.67% of the project’s maintenance event. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 1.4. PUBLIC HEARING AND APPROVAL OF ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE APPROPRIATIONS Chairman Dawson opened the public hearing pursuant to Session Law 2015-277 to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the agreements will be from the General Fund of the County. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. For FY15-16, the County has appropriated economic development/incentive expenditures for the following: Wilmington Business Development Wilmington Regional Film Commission NC SE Regional Economic Development Partnership Wilmington Downtown, Inc. Southeastern Economic Development Commission Council of Governments Cape Fear Public Utility Authority General Electric Castle Branch Live Oak Fortron PPD Chief Strategy and Budget Officer Beth Schrader reported that Session Law 2015-277 made several significant changes that govern a local government’s ability to make appropriations for economic development purposes. Specifically, the law imposes new public notification and public hearing requirements for every appropriation or expenditure related to economic development. The School of Government has suggested that to comply with the law, the Board should hold a public hearing on all items approved in the FY15-16 budget. The Board must find that the appropriation will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. Chairman Dawson opened the floor for public comments. No comments were received. Chairman Dawson closed the public hearing and requested direction from the Board. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the aforementioned economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dawson directed staff to do all things necessary to finalize the economic incentive agreements for FY15-16. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, RACHEL TRASK GONSALVES HEIRS, TO REZONE 46.56 ACRES LOCATED AT 3013 AND 3079 BLUE CLAY ROAD FROM R-20, RESIDENTIAL DISTRICT, TO (CZD) R-10, CONDITIONAL RESIDENTIAL (Z-947, 12/15) Chairman Dawson opened the public hearing and requested staff to make the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 442 Current Planner Brad Schuler presented a request by Cindee Wolf of Design Solutions on behalf of the property owner, Rachel Trask Gonsalves Heirs, to rezone 46.56 acres located at 3013 and 3079 Blue Clay Road from R-20, Residential District, to (CZD) R-10, Conditional Residential reporting that the property includes two parcels of undeveloped land approximately one-quarter mile north of the intersection with Kerr Avenue. The subject property was recently included in a rezoning application for a general R-10 district, which the Board denied. The zoning in the area consists mostly of residential and industrial districts. The residential districts, including R-10, R-15, and R-20 can be found to the west and north of the property. Adjacent to the property to the north is a large tract of R-10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including I-2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. A conceptual site plan is included as part of the application and the applicant proposes to develop a 154-lot performance residential subdivision with the following conditions: 1. Street-yard plantings for the non-residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20-foot access easement shall be dedicated to New Hanover County along Blue Clay Road for the purpose of installing a future multi-use path in accordance with the 2008 Blue Clay Corridor Study. The Planning Board was concerned with the limited access to the recreation area located in the center of the proposed development and added a third condition of including pedestrian access to the recreational area. Since that meeting, the site plan was updated to include additional access by relocating lot 121 to another portion of the subdivision and adding a pedestrian access. The condition was removed from staff’s recommendation. If approved, the plan must go through the County’s subdivision review process, which includes submittal of a Preliminary Plat application, which is reviewed by the Technical Review Committee for compliance with applicable local and state regulations. A traffic impact analysis (TIA) was completed on three intersections on Blue Clay Road at North Kerr Avenue, the site access and Holland Drive by a professional traffic engineer and reviewed by the Department of Transportation and reported the following:  154 Single-Family Dwellings = 1,562 trips per day  117 AM peak hour trips and 155 PM peak hour trips  The TIA expects 15% of the trips generated from the development to enter/exit the site from Holland Drive and 85% from Blue Clay Road  Holland Drive currently experiences 124 AM peak hour trips and 121 PM peak hour trips  After the development is completed in 2018, trips are expected to increase to 145 and 149, respectively  TIA recommended a northbound turn lane be installed at Blue Clay Road and Site Access 1 to accommodate 100 feet of vehicle storage entering the development Representatives from the Wilmington Metropolitan Planning Organization and the petitioner’s traffic engineer were in attendance to respond to questions regarding the traffic impact analysis. The 2006 CAMA Land Use Plan classifies the property as Aquifer Resource Protection, which is where the Pee Dee and Castle Hayne Aquifer are located. The Plan suggests that these areas be developed with larger lots if septic systems are used to prevent cross contamination of wells, or have water and sewer services extended to curtail septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling units per acre, while urban densities are appropriate for developments connected to sewer service. Public water and sewer is available in the area and will need to connect to the services. The goals of the Aquifer Resource Protection area would be achieved with the proposed development. At their December 3, 2015 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning with conditions as previously noted. If the site plan were modified in a way that would substantially reduce the amount of access to the recreation area, staff would considered it a major modification to the district, which would require approval by the Commissioners. Staff recommends approval as the application for a zoning map amendment of 46.56 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan; and 2.) Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities with the following conditions: 1.) Street-yard plantings for the non-residential use in a residential district will be installed along the Holland Drive frontage. 2.) A 20-foot non-vehicular and pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi-use path proposed in the County’s long-range plans. In response to questions from the Board, Mr. Schuler reported that the neighborhoods of Runnymeade and Ivy Woods were developed as R-10 Residential subdivisions and estimated the neighborhoods consist of more than 100 lots. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 443 Chairman Dawson requested the petitioner to present their case. Cindee Wolf of Design Solutions on behalf of the petitioner, Rachel Trask Gonsalves Heirs, reported that the property owner is submitting a request for a conditional rezoning of the 46.56 acres based on the Commissioners’ concern for the uncertainty of a general rezoning request presented at the October 19, 2015 meeting. The existing R- 20 Performance Residential Development would allow 1.9 units per acre for a total of 88 units. The R-10 district is in harmony with the area and would be consistent with the concept of transitioning uses from more to less intense, with the industrial uses and railroad across Blue Clay Road and the more rural development across Holland Drive. Nearby Ivy Woods subdivision is zoned R-10 and the proposed rezoning would be an expansion of the district. Smaller lot sizes would be more conducive for future housing markets instead of the large R-20 lots. Rezoning to R- 10 Performance Residential Development would allow 154 single-family homes. The petitioner agrees with the proposed conditions of street-yard plantings along the Holland Drive frontage and a 20-foot public non-vehicular and pedestrian easement along Blue Clay Road for a future multi-use path proposed in the County’s long-range plans. The traffic analysis shows an excellent level of service for Blue Clay Road and the proposed site plan shows a better interconnectivity for emergencies and better travel patterns for the neighborhoods. Other justifications for the rezoning are:  Consistent with the County’s Policies for Growth and Development:  Sustainability of the County depends on sensible infill and maximizing use of lands already accessible to urban services.  A greater density of single-family development not only increases tax base, but also makes better use of the existing infrastructure.  The higher-density of development is not inconsistent with the Land Classification:  Public water and sanitary sewer services negate the concern of private wells diminishing the capacity of the aquifers and of septic systems contaminating the aquifers.  The developer will pay a premium for the expansion of CFPUA sewer service and provide infrastructure for the capacity.  R-10 District is in harmony with the area and would be consistent with the concept of transitioning uses between the industrial uses and the more rural areas.  New development requires stormwater management to protect overall water quality of the aquifer and the proposed ponds will address drainage issues. In response to questions from the Board, Traffic Engineer Dan Cumbo with Davenport Engineers reported that older neighborhoods would benefit from the new roads, as it would provide interconnectivity and better options by making a right turn on to Blue Clay Road to travel to the signalized intersection at North Kerr Avenue. Ms. Wolf explained the traffic patterns that the community would use and pointed out that Holland Drive is considered a local collector street and the streets in the proposed development would be sized for the collector street. Concerning questions on when the turn lane would be built, Ms. Wolf responded that the road improvements are a part of the TIA and the Department of Transportation (DOT) would regulate the thresholds for construction based on connectivity with Holland Drive. Development of the initial 40 lots would not require the turn lane until the interconnectivity is established. The turn lane must be constructed before the final plat is submitted. Commissioner Zapple expressed concern that sometimes enhancements or improvements for a development may not occur or be delayed and he wanted some assurance that the left turn lane would be constructed at a time when the connection to Holland Drive is made. He requested staff to work with Ms. Wolf to develop appropriate language to ensure the lane construction. Chairman Dawson requested those in opposition to give their remarks. Nannie Doyle, a resident of Holland Drive for 50 years, reported that several years ago the neighbors in her community requested and received approval for their properties to be rezoned to R-20 Residential. She requested that the lots in the proposed development along Holland Drive remain in the R-20 District and that those houses face Holland Drive instead of the backyards facing Holland Drive. In response to Mrs. Doyle’s concern, Ms. Wolf said that the petitioner prefers to have a more internalized neighborhood and that the pond area, green common area, and the street-yard landscaping on Holland Drive should provide sufficient buffer between the neighborhoods. She offered an additional condition to install a six-foot privacy fence along the back boundaries of lots one through seven. Hearing no further public comments, Chairman Dawson closed the Public Hearing and requested discussion and direction from the Board. Chairman Dawson informed the petitioner that if a rezoning request is denied, a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. She asked the petitioner whether they wanted to continue the application to a future meeting or to proceed with the Board deciding whether to grant or deny the application. Ms. Wolfe requested the Board to proceed with the decision. Chairman Dawson requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 444 Motion : Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan; and 2.) Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities with the following conditions: 1. Street-yard plantings for the non-residential use in a residential district will be installed along the Holland Drive frontage. 2. A 20-foot non-vehicular and pedestrian easement will be dedicated to New Hanover County along Blue Clay Road for a future multi-use path proposed in the County’s long-range plans. 3. Privacy fencing shall be installed and maintained on lots one through seven. 4. Installation of any improvements of the NCDOT and WMPO approved Traffic Impact Analysis (TIA) for the proposed subdivision, which included a northbound left turn lane at the site access on Blue Clay Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974 and is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 36. DISCUSSION AND APPROVAL OF CONSENT ITEM #2 APPOINTMENTS OF COMMISSIONERS TO COMMUNITY AND COUNTY BOARDS FOR 2016 Chairman Dawson requested the Board to review the revised listing of Commissioners for appointments to the various boards and committees and opened the floor for discussion. Commissioner White commented that he was unable to attend Agenda Review to discuss the appointments of Commissioners to boards and committees; however, he did email the Board members his desire to remain on his current boards including the Cape Fear Community College (CFCC) Board of Trustees. He believed the Commissioners benefit from rotation of serving on the different boards; however, a tremendous value is gained from continuity and longevity for some of the more complex boards. After serving a couple of years as a trustee and learning the budget process, he was instrumental in saving $1 million of County taxpayers’ money. Additionally, through his efforts the board of trustees were made aware of the Institutional budget of $6 million appropriated each year without the trustees having any knowledge of the expenditures. The trustees now have oversight to that budget as it relates to capital expenses and the parking deck. Although there is value in the Commissioners rotating their service on the different boards, he reiterated the importance of his continuing as a member of the CFCC board due to his 3 years of experience. Vice-Chairman Barfield responded that he has served seven years as a Commissioner and that he has had the opportunity to serve on most of the boards including several state and national steering committees. He said he believes he has a good understanding of the County’s budget and enough business acumen to serve on the CFCC Board of Trustees. During the Commissioners review of the appointments last year, he discussed his desire to serve on the CFCC board and requested the Board’s consideration. The Board did discuss the importance of the Commissioners rotating on the various boards and Commissioner White acquiesced that he would rotate off the Board the next year. With his experience on other complex boards, such as serving on the New Hanover Regional Medical Center Board of Trustees for four years, Vice-Chairman Barfield believed it was a good time for him to transition on to the community college board. He also pointed out that the Commissioners have not appointed a person of color since he has been on the Board nor is there a person of color serving on the current CFCC Board. Having served as Chairman and Vice-Chairman of the Commissioners and serving in many other capacities, he requested approval of the revised list of appointments. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to approve Consent Item #2 for the appointments of Commissioners to the boards and committees as revised and submitted. In discussion, Commissioner White stated for the record that he did not agree to acquiesce any board appointment last year. Although he recalled the discussion, he offered no comment or no agreement to the appointment because he continues to believe that there is value in staying on a board over time when there are complicated issues and on-going building projects. Vote Result : Chairman Dawson called for the vote on the motion to approve Consent Agenda Item #2 as revised and submitted for appointments to boards and committees. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Dawson expressed appreciation to the Commissioners for their service on the community boards and committees and noted the importance of them staying informed and participating on the community boards. A copy of the list of Commissioners appointed to community and County boards and committees for year 2016 is hereby incorporated as a part of the minutes and is contained in Exhibit Book XL, Page 1.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, JANUARY 4, 2016 PAGE 445 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported that no one had signed up to speak on non-agenda items. ADDITIONAL ITEMS  County Manager Coudriet thanked the Commissioners for their participation in today’s ribbon cutting ceremony at the 320 Chestnut Street Building. The four-year renovation project was within budget and close to being on schedule.  Commissioner White commended County Attorney Wanda Copley and Deputy County Attorney Sharon Huffman in the timely response in addressing the concerns of a citizen on a Saturday and he thanked them for a job well done.  Commissioner Zapple reported that he went on a tour of the Sutton plant to see the decommissioning of the smoke stacks. He encouraged the Commissioners to visit the site with John Elliot of Duke Energy to see the shifting from the coal-fired plant to the gas-fired energy plant.  Vice-Chairman Barfield offered condolences to the family of Wanda Coston, a 30-year County employee, and reported that many County employees, family and friends attended the funeral service. Ms. Coston will be sorely missed by the County and the Planning and Inspections Department.  Chairman Dawson expressed appreciation for the ribbon cutting ceremony of the newly reconstructed 320 Chestnut Street Building and congratulated staff on the beautiful building that will serve citizens for years to come. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 5:25 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.