2009-02-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 533
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 2, 2009,
at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner
Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda
M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell.
Chairman Davis called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend John O. Veasey, Jr., First Baptist Missionary Church, gave the invocation.
Commissioner Greer led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to remove any item from the Consent
Agenda.
Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Board of Equalization and Review meeting held on January 9, 2009
Agenda Review meeting held on January 14, 2009
Regular Session meeting held on January 20, 2009
Budget Work Session held on January 20, 2009
Appointment of Commissioner Jonathan Barfield, Jr. to the New Hanover County Department of Social
Services Methamphetamine Task Force Governing Body
The Commissioners appointed Commissioner Jonathan Barfield, Jr. to the New Hanover County
Department of Social Services Methamphetamine Task Force.
Adoption of State Road Resolution Governing Body
The Commissioners adopted a North Carolina Department of Transportation State Road Resolution
supporting the addition of Sansberry Court in New Hanover County (Division File No. 1135-N) to the state system.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 3.1.
Authorization to Submit Grant Application to the Criminal Justice Partnership Program County
Managers Office
The Commissioners authorized the Criminal Justice Partnership Board to submit a grant application to the
Department of Corrections Criminal Justice Partnership Program in the amount of $163,690. If awarded, the funds
will be used to continue supporting the cost of operating the Day Sentencing Program. No County match is
required.
Adoption of Resolution Awarding Bid to DPS Electrical Contractors, Inc. for Eaton Elementary School
Stand-by Generator - Emergency Management
The Commissioners adopted the resolution awarding the bid for the purchase and installation of a stand-by
generator for Eaton Elementary School to DPS Electrical Contractors, Inc. in the amount of $120,759.35.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 3.2.
Adoption of RBC Bank Resolution and Agreement for Deposit Account and Bank/Corporate Services and
Signature Card Authorization Finance Department
The Commissioners adopted the RBC Bank Resolution and Agreement for Deposit Account and
Bank/Corporate Services for a Certificate of Deposit purchased with RBC Bank and authorized the signature card
for Avril M. Pinder, Finance Director and Barbara D. McClure, Assistant Finance Director to serve as authorized
representatives allowing them the authority to execute all appropriate documents for this account.
A copy of the RBC Bank Resolution and Agreement and Signature Card is on file in the Finance
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 534
Department
Ratification of Smart Start Grant Application for Growing Readers Program Library
The Commissioners ratified the submission of a Smart Start grant application in the amount of $253,450. If
awarded, the funds will be used to continue the Growing Readers program. The cash match in the amount of $4,000
will be provided from the Friends of the Library.
Approval of Contract with Studio Displays, Inc. for Exhibition Services for Cape Fear Museum Cape Fear
Museum
The Commissioners approved the contract with Studio Displays, Inc. in the amount of $300,000 to design,
fabricate, and install a new long-term exhibit that will present regional history and science from Native Americans
through the end of the American Revolution. Funding sources are as follows:
·
Institute for Museums and Library Services grant funds in the amount of $133,000
·
Private donations in the amount of $100,000
·
Existing exhibit budget funds in the amount of $67,000
A copy of the contract is available for review in the Legal Department.
Adoption of Resolution Authorizing the Exchange of Six 2007 Harley-Davidson Motorcycles for Six 2009
Harley-Davidson Motorcycles and Budget Ordinance Amendments 09-132 and 2009-45 Sheriffs Office
The Commissioners, pursuant to General Statute 160A-271, adopted the resolution authorizing the
exchange of six 2007 Harley-Davidson Motorcycles for six 2009 Harley-Davidson Motorcycles and adopted budget
ordinance amendments 09-132 and 2009-45. The cost of transferring the equipment is in the amount of $500 per
motorcycle and is included in the Sheriffs Office budget.
A copy of the resolution and budget ordinance amendments are hereby incorporated as part of the minutes
and are contained in Exhibit Book XXXII, Page 3.3.
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2009:
09-128 - Property Management and Sheriff's Office
09-130 - Social Services
09-138 - Non-Departmental
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXII, Page 3.4.
REGULAR ITEMS OF BUSINESS
ADDITIONAL ITEM - ADOPTION OF PROCLAMATION DECLARING FEBRUARY 2009 AS
HUMAN
IN NEW HANOVER COUNTY
RELATIONS MONTH
Vice-Chairman Barfield presented the request for the Boards consideration to declare February 2009 as
Human Relations Month in New Hanover County, read the proclamation into the record and moved for adoption.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Greer, to adopt the proclamation
declaring February 2009 as Human Relations Month in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Human Relations Commission Director Carl A. Byrd, Sr., and Commission Vice-Chairman Father Elliott
were present to receive the proclamation on behalf of the Human Relations Commission.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 3.5.
ADOPTION OF PROCLAMATION RECOGNIZING JOHN E. DUNN, III AS
MR. TOYS FOR TOTS
Vice-Chairman Thompson presented the request for the Boards consideration to recognize John E. Dunn,
III as Mr. Toys for Tots, read the proclamation into the record and moved for adoption.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the proclamation
recognizing John E. Dunn, III as Mr. Toys for Tots. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Mr. Dunn was present to accept the proclamation and thanked the Board.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 3.6.
ADOPTION OF PROCLAMATION DECLARING FEBRUARY 2009 AS IN
HEALTHY HEART MONTH
NEW HANOVER COUNTY
Commissioner Caster presented the request byNew Hanover County Community Action, Inc. for the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 535
Boards consideration to proclaim February 2009 as Healthy Heart Month in New Hanover County, read the
proclamation into the record and moved for adoption.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation
declaring February 2009 as Healthy Heart Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
New Hanover County Community Action, Inc. Executive Director Cynthia Brown and Program Specialist
Caroline Nunley were present to accept the proclamation and thank the Board.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 3.7.
ADOPTION OF RESOLUTION AUTHORIZING PARTICIPATION IN THE NEIGHBORHOOD
STABILIZATION PROGRAM GRANT APPLICATION PROCESS
Commissioner Greer read the resolution into the record authorizing the participation in the Neighborhood
Stabilization Program grant application process with the City of Wilmington.
Community DevelopmentPlanner Wanda Coston reported that New Hanover County has an opportunity to
participate with the City of Wilmington in the Neighborhood Stabilization Program which works with foreclosed
properties to provide housing for residents that are at, or below, 120% of the area median income and with at least
30% of the funds benefiting residents at or below 50% of the area median income. The area median income for
Wilmington is $56,600.
In November 2008, the City of Wilmington submitted a Notice of Intent to the Department of Housing and
Urban Development, Community Development Block Grant Program, and Neighborhood Stabilization Program that
included a statement of the possibility of partnering with New Hanover County to pursue funds. The allocation to
North Carolina will be in the amount of $52,303,004. No County match is required for this grant.
The Board is requested to adopt the resolution authorizing the participation in the Neighborhood
Stabilization Program grant application process with the City of Wilmington.
Motion:
Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adopt the resolution
authorizing the participation in the Neighborhood Stabilization Program grant application process with the City of
Wilmington. 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
XXXII, Page 3.8.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY SOUTH COLLEGE
ASSOCIATES FOR A HIGH DENSITY RESIDENTIAL DEVELOPMENT WITH 218 UNITS ON
APPROXIMATELY 35 ACRES IN AN R-15 RESIDENTIAL ZONING DISTRICT IN JOHNSON FARMS
OFF SOUTH COLLEGE ROAD NEAR STILL MEADOW DRIVE (S-587, 1/09)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Jane Daughtridge
Chris OKeefe
Cindee Wolf
Thomas H. Johnson, Jr.
Jackie Baker
Clyde E. Faircloth, Jr.
Ed Richter
Senior Planner Jane Daughtridge reported that South College Associates have submitted a request for a
special use permit for high density residential development with 218 units on approximately 35 acres in an R-15
Residential District in Johnson Farms off South College Road near Still Meadow Drive and presented a slide
overview of the property.
Director OKeefe read the findings of facts into the record stating that staff has concerns that the
requirement to start construction within 24 months may not be viable, given the timing of utility improvements and
the uncertainty of sewer capacity. The Planning Board, at its January 8, 2009 meeting, voted 5-0 to recommend
approval of this request with no one from the public speaking.
The Technical Review Committee has reviewed the proposed project and has recommended the following
conditions to which the Petitioner has agreed:
·
No gates or obstructions will be allowed within the project. A fire hydrant plan acceptable to County
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 536
Fire Services will be required prior to Final Plat approval.
·
The collector road known as Still Meadow Drive leading from South College Road to the project will
be designed, platted, and recorded as a dedicated public right-of-way.
·
Traffic Impact Analysis requirements embraced by NCDOT and the Wilmington Metropolitan
Planning Organization for off-site road improvements on South College Road will be required through
an approved NCDOT Driveway Permit.
·
Once the Special Use Permit is approved, the Technical Review Committee wishes to review the
project again.
·
Low Impact Development techniques are recommended for the project.
·
According to the Cape Fear Public Utility Authority, sewer capacity will not be available until spring
2010.
·
The parking lot areas will need to be named (unduplicated) for addressing purposes.
·
Gate Post Lane will need to be properly aligned per NCDOT comments.
In response to Board questions, Planning Director OKeefe stated that staff is satisfied that the required
traffic improvements will address the traffic concerns. This project provides opportunities for interconnectivity and
existing stub-outs will be developed.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
Thomas H. Johnson, Jr., attorney for the Petitioner, confirmed that they agree with the findings of facts and
the Technical Review Committee recommendations as presented. Mr. Johnson presented an overview of the
proposed project. In response to Board questions, Mr. Johnson stated that they understand that the requirement to
start construction within 24 months may not be viable given sewer capacity issues.
Cindee Wolf, with Withers and Ravenel, on behalf of the Petitioner presented an overview of the project
stating that they believe that the development as proposed and with the acknowledged conditions combine to satisfy
the required findings for approval of the Special Use Permit. The site is an expansion of existing high-density
projects with access to both South College Road and Carolina Beach Road by way of public collector streets. The
project consists of Still Meadow Village Phase 3 and Fortune Place Subdivision. Still Meadow Village currently is
an apartment complex with 280 units and the proposed plan, Phase 3, would add 144 more units with access from
three driveways onto Trump Vine Way. Fortune Place Subdivision is planned as a single-family lot development
with 74 home sites. The off-street parking exceeds the ordinance requirements and road improvements will provide
interconnectivity that currently does not exist and will offer alternative traffic patterns. The existing Still Meadow
Drive will be dedicated for public access. Both of the residential components of the project will be a benefit to the
community. Design plans and permitting can be submitted for sewer extensions to get in queue for approval to
coincide with the release of sewer capacity.
In response to Board questions concerning Low Impact Development techniques recommended by the
Technical Review Committee, Ms. Wolf stated that multiple retention ponds are planned. An acceptable condition
would be to use a porous material in the multiple family parking areas. The single family development will be
limited by the storm water permit process. By the time the project transpires it may be within Wilmington city
limits. One of the techniques that can be reviewed is the use of depressed planting islands that are bio-retentionary
so the water is filtered as it goes to the pond for storm water management. Normally at this point in the rezoning
process, high density plans are not detailed to this extent, until after the completion of the County process.
In response to Board questions, Ms. Wolf stated that following the January Planning Board meeting she
met with interested neighbors and assured them that single-family units will be placed next to their single-family
homes. She stated her willingness to meet with interested parties to address their concerns.
In response to Board questions, Mr. Johnson stated that the Technical Review Committee has requested to
review the project again once the Special Use Permit is approved and they have agreed to that condition.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Jackie Baker, resident on Gate Post Lane, stated her concern of the additional traffic and who will have the
responsibility of maintaining portions of the roads. She requested to meet with the Petitioner for clarification of the
project.
Clyde E. Faircloth, Jr., resident on Gate Post Lane, stated his concern on who would have the responsibility
for road maintenance and the timeframe for NCDOT to adopt private roads. He also spoke on storm water runoff
issues that are negatively affecting the retention pond in their neighborhood.
Ed Richter, resident on Trumpet Vine Way, stated his concern on the possible increase in traffic volumes
on Trumpet Vine Way. He requested that Trumpet Vine Way road stub not be connected until the proposed homes
are being constructed.
Chairman Davis asked for rebuttal comments.
In response to citizen concerns, Mr. Johnson stated that according to County records all the roads are
dedicated for public use except for Still Meadow Drive which will be dedicated as part of the proposed project. As
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 537
per the Wilmington Metropolitan Planning Organization and NCDOT recommendations, they will be required to
collaborate with the developer of the River Lights project to install a traffic signal at Carolina Beach Road and
Silver Lake Road/Shade Tree Lane. During development of the proposed project the storm water runoff issue will
be addressed with the installation of additional retention ponds. Traffic issues will be addressed with
interconnectivity and road improvements.
In rebuttal comments, Ms. Baker stated her concern about the timeframe of the proposed traffic light and
the wear and tear on the roads with heavy construction equipment.
In response to concerns by Ms. Baker, Mr. Johnson stated that the road will have to be brought to NCDOT
standards before it can be dedicated for public use.
In response to Board questions, Planning Director OKeefe reported that NCDOT has approved the design
for the signalized light. He also clarified that staff was unable to contact the management company for the
Homeowners Association at the address listed, so extra effort was made to contact individual homeowners by mail
and several signs were erected around the area noting the rezoning request.
In response to Board questions, Mr. Johnson stated that the proposed project is consistent with the long-
term master plan for Johnson Farms. The proposed single family homes will be adjacent to current single family
homes and the proposed multi-family homes will be adjacent to current multi-family homes.
In response to Board questions, Ms. Wolf stated that the proposed multi-family project is included in the
original Johnson Farms master plan and presented an overview of that plan. The proposed project is developed
around the current wetlands and is a better solution from the original master plan according to current standards.
There being no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
With the understanding that the Technical Review Committee will be reviewing the project once the
Special Use Permit has been obtained, especially concerning Low Impact Development techniques, Vice-Chairman
Thompson moved for approval of the request.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the request by
South College Associates for a special use permit for a high density residential development with 218 units on
approximately 35 acres in an R-15 Residential District located in Johnson Farms off South College Road near Still
Meadow Drive based on the evidence presented and the findings of facts concluding that: 1) the use will not
materially endanger the public health or safety if located and developed according to the plan as submitted and
approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not
substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the
location and character of the use if developed according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general conformity with the plan of development for New Hanover
County with the condition that parking areas in the multi-family portion shall be constructed of pervious paving
materials according to Low Impact Development standards and incorporating the Technical Review Committee
comments as follows:
·
No gates or obstructions will be allowed within the project. A fire hydrant plan acceptable to County
Fire Services will be required prior to Final Plat approval.
·
The collector road known as Still Meadow Drive leading from South College Road to the project will
be designed, platted, and recorded as a dedicated public right-of-way.
·
Traffic Impact Analysis requirements embraced by NCDOT and the Wilmington Metropolitan
Planning Organization for off-site road improvements on South College Road will be required through
an approved NCDOT Driveway Permit.
·
Once the Special Use Permit is approved, the Technical Review Committee wishes to review the
project again.
·
Low Impact Development techniques are recommended for the project.
·
According to the Cape Fear Public Utility Authority, sewer capacity will not be available until spring
2010.
·
The parking lot areas will need to be named (unduplicated) for addressing purposes.
·
Gate Post Lane will need to be properly aligned per NCDOT comments.
Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Barfield and Commissioner Greer voted in
opposition.
A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 25.1.
APPOINTMENT OF COMMISSIONER ROBERT G. GREER TO THE BOARD OF DIRECTORS FOR
THE NEW HANOVER COUNTY FINANCING CORPORATION
Chairman Davis reported that the Board has been requested to appoint a Commissioner to the New
Hanover County Financing Corporation Board of Directors with the term to expire in December 2009 and requested
direction from the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, FEBRUARY 2, 2009 PAGE 538
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to appoint Commissioner Robert
G. Greer to serve on the Board of Directors for the New Hanover County Financing Corporation with the term
expiring in December 2009. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
ADDITIONAL ITEM - ADOPTION OF RESOLUTION AUTHORIZING THE SUBMITTAL OF A
SAFE
GRANT APPLICATION FOR OGDEN ELEMENTARY SCHOOL
ROUTES TO SCHOOL
Planning Director Chris OKeefe reported thatthe federally funded Safe Routes to School Program
provides grant funding for projects that promote safe walking and biking for school aged children. Staff has been
working with a local community group called Getting Connected on a grant application to improve pedestrian
and bicycle safety for school kids at Ogden Elementary School. This grant will fund phase 1A of an ongoing effort
to make the Middle Sound community safer for pedestrians, cyclists and automobile users and will fund 100% of
project construction. The grant is a reimbursement grant so the County must pay for improvements up front and be
reimbursed. The resolution authorizes the County to serve as the lead agency to submit and to administer the grant.
The County will be responsible for maintenance with a preliminary estimate in an amount of less than $1,000 per
year. The Board will have the opportunity to accept the grant if it is awarded.No County match is required.
Chairman Davis requested direction from the Board.
Motion:
Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution authorizing
the submittal of a Safe Routes to School grant. 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
XXXII, Page 3.9.
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn the meeting.
Motion:
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Thompson to adjourn the meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 7:52 p.m.
Respectfully submitted,
Sheila L. Schult
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 check-out at all New Hanover County Libraries.