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2017-08-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 842 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 21, 2017, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Joseph Peterson, Pastor with Fifth Avenue United Methodist Church, provided the invocation and Commissioner Jonathan Barfield, Jr. led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. Motion : Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, 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 of the Regular Meeting of July 17, 2017. Adoption of State Road Resolutions – Governing Body The Commissioners adopted NCDOT State Road Resolutions in support of adding the following roads to the State Maintained Secondary Road System:  Trace Drive which is located within the Bayview Subdivision in New Hanover County (Division File No: 1243-N)  Lorraine Drive (North) which is located within the Arrowhead (section 9) Subdivision in New Hanover County (Division File No: 1244-N) Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 35.1. Adoption of PACE Month Proclamation – County Manager The Commissioners adopted a proclamation recognizing September 2017 as Programs of All-Inclusive Care for the Elderly (PACE) Month in New Hanover County. Last year Governor McCrory proclaimed September 2016 to be PACE Month in the State of North Carolina. The National PACE Association has contacted Governor Cooper to keep the tradition in 2017. The proclamations help to celebrate the work of the dedicated PACE employees and to spread awareness among residents. A copy of the proclamation is hereby incorporated as part of minutes and is contained in Exhibit Book XL, Page 35.2. Approval of the New Hanover County’s Alcohol Beverage Control Board’s Travel Policy – Legal Department The Commissioners, pursuant to North Carolina General Statute 18B-700 and at the request of the New Hanover County’s Alcohol Beverage Control Board (NHC ABC), approved their Board Travel Policy which conforms to New Hanover County's travel policy which must be approved by the appointing authority on an annual basis, even if there are no changes. A copy of the NHC ABC Board’s travel policy is available for review at the NHC ABC office. Adoption of Resolution Disposing of Surplus Property – Finance Department The Commissioners adopted a resolution declaring property surplus and authorizing the sale of the equipment electronically or disposal by any other method authorized pursuant to North Carolina General Statute 160A-270(c). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 35.3. Approval of Budget Amendment for Cape Fear Community College Building W Renovation Project – Finance Department The Commissioners approved the budget amendment for Cape Fear Community College (CFCC) Building W Renovation Project. New Hanover County has issued general obligation bonds for CFCC to fund various construction projects including Union Station, an associated parking deck, Humanities and Fine Arts building, and the Advanced and Emerging Technologies building. The County has received premiums and interest above the originally budgeted amounts that must be budgeted. As a part of the downtown campus renovations, which CFCC has allocated $4 million of project costs to, $1.1 million of bond proceeds will be used to renovate the W Building which encompasses the Marine Tech and hospitalities facilities. The renovation includes improvements such as upgrades to select HVAC equipment, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 843 renovations to the Hospitality Kitchen, converting an existing covered deck to classroom space, renovating bathrooms, minor repairs, and lighting improvements to the marine tech bay area. New Hanover County general obligation bond proceeds will be coupled with NC Connect Bond funds of $1.05 million to complete the $2.15 million project. As all premiums and interest from the general obligation bond issues have not been budgeted, staff is requesting the approval of the Budget Amendment 18-008 to budget $1.1 million in bond premiums and interest for this project. This leaves no additional premiums to be budgeted. A copy of Budget Amendment 18-008 is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 35.4. Approval of June 2017 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of June 2017. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 35.5. Approval of the 2016 Annual Tax Settlement – Tax Department The Commissioners approved the 2016 Annual Tax Statement Settlement. In accordance with the North Carolina General Statutes, the Tax Collector must make an annual report of settlement for the fiscal year 2016-2017 and prior years. New Hanover’s overall collection rate is up .10% at 99.15. Fire District is up .02% at 99.08. A copy of the report is available for review at the Tax Department. Approval of the 2017 Charge of Levy – County Manager The Commissioners approved the 2017 Charge of Levy to the Tax Collector pursuant to North Carolina General Statutes 105-321 and 105-347. A copy of the charge is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 35.6. Approval of New Hanover County Board of Education Applications for North Carolina Education Lottery Funds for FY17-18 Capital Projects – Strategy and Budget The Commissioners approved the New Hanover County Board of Education applications for North Carolina Education Lottery Funds for FY17-18 Capital Projects as follows: Capital construction needs were identified during the FY17-18 Budget process. On July 11, 2017, the Board of Education approved the FY17-18 Capital Project budget. On August 1, 2017, the Board of Education approved nine applications for projects totaling $2,351,000 to be funded by the Public School Building Fund, North Carolina Education Lottery. The nine projects are as follows: 1) $114,000 Bellamy - Replacement of voice/data/network cabling. 2) $400,000 Sea-Tech - Building renovations to Sidbury Road facility to accommodate the new Sea-Tech High School program. 3) $122,000 Eaton - Replacement of voice/data/network cabling. 4) $117,000 Codington - Replacement of voice/data/network cabling. 5) $370,000 Virgo - Replacement of single-pane windows and storefront entrances/doors. 6) $870,000 Veterans Park - Replacement of two (2) 500 ton chillers in the central plant serving Ashley High School and Murray Middle School. 7) $240,000 Alderman - Repair floor slab that has settled in the 1966 classroom addition. 8) $ 40,000 New Hanover High School - Replacement of the existing sound system in the main gym. 9) $ 78,000 Sunset Park - Replacement of steel doors, sidelights and concrete awning and stairs at Building A entry. Adoption of Budget Ordinance Amendments – Strategy and Budget Departmen t The Commissioners approved the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2018: Various Departments 18-001, 18-009:  BA 18-001: As of June 30th, there are a number of outstanding purchase orders associated with contracts that New Hanover County has entered into with various suppliers. In order to account for the payments, the enclosed roll over budget amendment will appropriate funds in the amount of $3,842,123 for the open purchase orders.  BA 18-009: New Hanover County receives multiple grants that do not correspond with the fiscal year, meaning the expiration dates are not June 30. For this reason, this budget amendment is being presented for adoption to rollover unexpended grant expenditures from FY17 to FY18. Grant revenues will also be increased, therefore, there is no change to the appropriated fund balance. The grant rollover for the General Fund is $279,470, the Fire Services Fund is $4,200 and the Environmental Management Fund is $17,278. This is an administrative action taken each fiscal year. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 844 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 35.7. REGULAR ITEMS OF BUSINESS SPECIAL RECOGNITION OF THE PORT CITY TRACK CLUB Commissioner Barfield stated that he was honored to bring special recognition to the Port City Track Club. The Port City Track Club’s mission is to provide and promote sports training and competition for its members. It wants to support our community, recognize nationally highly motivated runners, attract athletes of all ages and abilities, and promote health and fitness. The Port City Track Club (PCTC) provides an opportunity for its athletes to develop physical fitness and lifelong skills in a variety of school teams and individual sports. Its aim and objectives are to provide an environment for Track and Field to be as healthy a sport as possible and reach as many athletes as possible. PCTC continues to look for ways to shape the future of the sport. Commissioner Barfield recognized the youth members and their efforts at the National Junior Olympics to bring back two championships. He then invited the PCTC Founder and Coach Roderick Bell and the other coaches to speak. Coach Bell stated that only part of the club was in attendance and that it has a membership of 85. Some of the members have transitioned to college to run track and field. PCTC began in 2013 with eight youth on the roster. There are now 85 youth members, each of whom performed great this year. He thanked the coaches and parents for their support and for the opportunity to attend the Commissioners meeting. Coach Ballard commended Coach Bell for the efforts he has made with the kids, his efforts to get the seniors in the PCTC scholarships to various colleges and for helping them with their senior projects. Commissioner Barfield stated that the youth standing here today are future Olympians and thanked PCTC for attending the meeting to be recognized for their hard work and achievements. ADOPTION OF PROSTATE CANCER AWARENESS MONTH PROCLAMATION Chairman White announced that the Wilmington Prostate Cancer Support Group (WPCSG) has requested the Board declare September 2017 as Prostate Cancer Awareness Month and invited WPCSG Director Carl Byrd to make remarks. Carl A. Byrd, Sr., WPCSG Director, and George Gardner, WPCSG President, expressed appreciation to the Board for its support by recognizing September 2017 as Prostate Cancer Awareness Month. The WPCSG’s parent organization, Us TOO International, will be hosting only one of four community conversations in the United States rd on prostate cancer in Wilmington on September 23 at Grace United Methodist Church Activity Center from 9:00 AM to 3:00 PM. Messrs. Byrd and Gardner invited the Board to attend the event. They requested that County Manager Coudriet provide the organization’s flyer to County employees and post on the County website in order to provide information about this issue. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, to adopt the proclamation declaring September 2017 as Prostate Cancer Awareness 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 XL, Page 35.8. PRESENTATION OF SERVICE AWARDS County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Patricia Dew, Library Garey Grenyion, Parks and Gardens Sherri Jones, Social Services Sarah Kelly, Social Services Ryan Kondor, Parks and Gardens Gene Moore, Sheriff’s Office Heather Patterson, Social Services Terryl Simpson, Social Services Ten Years: Frank Sellers, Fire Services Karey Smythe, Health Twenty Years: Shawndra Underwood, Social Services Thirty-Five Years: Paula Jenkins, Finance Chairman White presented a service 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 new employees to step forward and be introduced: Susan Brown, Health Department Isabel Campos, Sheriff’s Office Jared Cobb, Fire Services Tanner Freeman, Fire Services Donna Gritzer, Tax NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 845 Jodie Hall, Health Department Eric Jarrell, IT Department Jack Lueckenbach, Fire Services Alexis McCloskey, Communications and Outreach Catherine Morgan, Health Department Diane Oh, Sheriff’s Office Amanda Ronne, Social Services Sarah Steere, Human Resources David Sweeney, Fire Services Tony Taylor, Social Services Zakare Whicker, Emergency Management Tyler Witter, Fire Services The Commissioners welcomed the employees to County Government and wished them success in their new positions. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Chairman White reported that the County was presented the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for the FY 2016 Comprehensive Annual Financial Report. This is the thirty-sixth consecutive year that the County has achieved this prestigious award. On behalf of the Board, Chairman White presented the certificate to Chief Financial Officer Lisa Wurtzbacher and congratulated her on the achievement. Ms. Wurtzbacher thanked Deputy Chief Financial Officer Martha Wayne and staff of the Finance Department for their dedication and hard work that goes into the financial report. APPROVAL CITY OF WILMINGTON'S REQUEST FOR A LATENT FINGERPRINT EXAMINER Chief Deputy Ken Sarvis with the New Hanover County Sheriff’s Office requested the Board approve the Sheriff’s request, on behalf of the City of Wilmington, for a Latent Fingerprint Examiner to provide fingerprint analysis and comparison. This position will be responsible for making a positive identification on fingerprints and will be handling the majority of cases from the City of Wilmington. The total cost for a full year of salary and fringes will be $78,791. The position will be 100% funded by the City of Wilmington. The Fingerprint Examiner position will be staffed at the Sheriff's CSI facility. The appropriate equipment and workshop will be provided and is available immediately. Wilmington Police Department is providing an additional Latent Fingerprint machine and will be paying for yearly maintenance. Chairman White asked for direction from the Board. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve one Latent Fingerprint Examiner position and adopt Budget Amendment #18-006. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 35.9. CONTINUANCE OF PUBLIC HEARING AS REQUESTED BY HELLMAN, YATES, AND TISDALE FOR OPTIMA TOWERS IV, APPLICANT, ON BEHALF OF THE PROPERTY OWNER, HOME LIFE, INC., FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON A 0.80-ACRE PARCEL LOCATED AT 2020 CORPORATE DRIVE (S-630, 7/16) Chairman White stated that Hellman, Yates, and Tisdale for Optima Towers IV, applicant, has requested that the item be continued and requested Joe Taylor, attorney with Murchison, Taylor and Gibson, LLC representing the petitioner, Optima Towers IV, present the request for continuance. Mr. Taylor stated that on behalf of his client, Optima Towers IV, he is requesting this matter be continued until the Board’s October 2, 2017 meeting. Substantial progress has been made on the various meetings the Board was told about during the July 17, 2017 meeting. The applicant’s engineers could not attend today’s meeting. Mr. Taylor further stated that there is no known neighborhood objection to the continuance request. It is important to be able to provide the Board and staff all the data at the time of the hearing. Chairman White requested direction from the Board. Motion : Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to continue the public hearing for a Special Use Permit request by Hellman, Yates, and Tisdale for Optima Towers IV, on property located at 2020 Corporate Drive, until the Regular Meeting of October 2, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONTINUANCE OF PUBLIC HEARING AS REQUESTED BY LEE LAW FIRM, PLLC, ON BEHALF OF THE PROPERTY OWNER, THE LEWIS FAMILY TRACT, LLC, IN ORDER TO REZONE 85.19 ACRES LOCATED AT THE 4700 BLOCK OF GORDON ROAD FROM O&I, OFFICE AND INSTITUTIONAL DISTRICT, AND B-2, HIGHWAY BUSINESS DISTRICT, TO (CUD) R-15, CONDITIONAL USE RESIDENTIAL DISTRICT, AND FOR A SPECIAL USE PERMIT IN ORDER TO DEVELOP A HIGH DENSITY DEVELOPMENT (Z17-08) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 846 Chairman White stated that Lee Law Firm, PLLC, on behalf of the property owner, the Lewis Family Tract, LLC, has requested that the item be continued and requested Mr. Lee to provide an update. Mr. Lee stated that on behalf of his client, the Lewis Family Tract, LLC, they are prepared to present the request. However, the North Carolina Department of Transportation (NCDOT) has not completed its review of the Traffic Impact Analysis (TIA) for the project, so it has not been approved. He and his clients believe it is premature to ask for the Board to consider the request without the NCDOT approval. Mr. Lee is requesting a continuance until the Board’s September 5, 2017 meeting. Chairman White requested direction from the Board. Motion : Vice-Chairman Watkins MOVED, SECONDED by Commissioner Zapple, to continue the public hearing for a rezoning request by the Lee Law Firm, PLLC, on behalf of the property owner, the Lewis Family Tract, LLC, on property located at the 4700 block of Gordon Road, until the Regular Meeting of September 5, 2017. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNERS, CASTLE HAYNE JUNCTION PARTNERSHIP, IN ORDER TO REZONE 3.16 ACRES LOCATED AT THE 5300 BLOCK OF CASTLE HAYNE ROAD FROM O&I, OFFICE AND INSTITUTIONAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO DEVELOP A CONTRACTOR’S OFFICE (Z17-05) Chairman White opened the public hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Ben Andrea reported that the applicant proposes to rezone 3.16 acres located at the 5300 block of Castle Hayne Road from O&I, Office and Institutional District, to (CZD) B-2, Conditional Highway Business District, in order to develop a contractor’s office. The area subject to the rezoning request includes three parcels (5301, 5307, and 5311 Castle Hayne Road); however, only the southernmost parcel is proposed for development (5301 Castle Hayne Road). The northernmost parcel (5311 Castle Hayne Road) is to remain the Castle Hayne Fire Station, and the parcel at 5307 Castle Hayne Road is to remain undeveloped at this time. The rezoning proposal will have no effect on existing Fire Services operations, and Fire Services has indicated they have no issues with the request. 5307 and 5311 Castle Hayne Road are included in the rezoning request in order to expand an existing B-2 zoning district; the parcel subject to the new development (5301 Castle Hayne Road) is not large enough on its own to meet the required minimum B-2 district size of five acres. Zoning to the west is RA, Rural Agriculture, and is low density single family residential. To the south is O&I zoning and contains the existing office building for Southbay Roofing. Across Castle Hayne Road is R-15 zoning and contains low density single family residential. There is a smattering of B-2 zoning in the area, some of which is vacant. Access is provided by Garden Place Drive, a public NCDOT maintained road. Public water and sewer is not available at this location. The parcel does not feature any known environmental constraints. The proposed development consists of a 4,800 square foot building for warehouse, shop, and offices for a specialty trade contractor. With the conditional rezoning, the other two parcels would be locked into remaining as they are until a rezoning is submitted to change the use or development. Fencing and vegetation would be installed along the western property line to buffer the new use from the existing residential. The development would be subject to stormwater regulations that would be reviewed as part of the permitting process. A 20-foot wide easement will allow for future development of a bicycle and pedestrian facility. This proposal will generate nine trips in the AM peak, and eight trips in the PM peak, and therefore a Traffic Impact Analysis (TIA) was not required to be completed. According to the 2016 Comprehensive Land Use Plan, the site is classified as Community Mixed Use. The Community Mixed Use place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for County residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. The proposed development is consistent with the place type as it provides commercial services at a density appropriate for a major thoroughfare without water and sewer utilities and includes an easement to support future multi-modal transportation. The Planning Board considered this application at their June 1, 2017 meeting and recommended approval (6- 0) with no conditions, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal contributes to the mixture of uses encouraged within the Community Mixed Use place type. 2. Reasonable and in the public interest because the proposed development would locate a light intensity nonresidential use along a major road corridor and serve as a transition to the adjacent residential zoning. Staff is recommending approval of this application as stated in the Planning Board’s action. Staff concurs with the Planning Board’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. In response to Board questions, Mr. Andrea stated there has not been any discussion about using the vacant lot for storage materials. Using the lot for that purpose would not be allowed based on the site plan and to his knowledge is not part of the proposal. There was no discussion about equipment maintenance on the lot. There is a proposal for equipment storage in the fenced-in area to the west of the area and it would be buffered from the residential area. He also has not seen any particular call out for a dumpster location, although he is sure it has been considered where the refuse would be taken. Chairman White requested the petitioner to comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 847 Cindee Wolf of Design Solutions, made the presentation on behalf of Castle Hayne Junction Partnership and Castle Hayne Volunteer Fire Department. The two parcels, the fire station where it is and the vacant lot, are part of the Castle Hayne Volunteer Fire Department. There is nothing planned for those parcels other than what is existing. Her client currently leases the property to the south of Garden Place and has offices as a roofing company. Because it is zoned O&I, Office and Institutional, her client has to keep the trucks, trailers, and anything else on property further down North College Road in a B-2 or I district. With having a successful business, her client is very interested in having its own piece of property and improving it as such. The B-2 zoning will avail the client to have everything on site in the same place. To her knowledge there will not be any onsite work done on the trucks. The trucks are sent offsite to be repaired. Equipment and demolition materials are handled on each project site. Even though there would be storage of the trucks overnight and materials in the fenced-in yard and the dumpster, she doesn’t see that those types of activities are a big issue in this particular use. If approved, this will allow her client to have its office and equipment in the same location. They did work very closely with the neighbors to the rear and it was the neighbors’ option to have the fence and combination of landscaping. It would be a screening fence. In response to Board questions, Ms. Wolfe stated that the manufactured home shown in the information has been moved. It was a situation where the Castle Hayne Volunteer Fire Department had encroachment from neighbors. They were served with notice and to the best of her knowledge all of it has been removed. The Castle Hayne Volunteer Fire Department intends to install a fence. Chairman White reported that no one signed up to speak in favor of the request or in opposition. Hearing no further discussion, Chairman White closed the public hearing and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, to approve, affirming staff’s statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section Castle Hayne, Page 28. PUBLIC HEARING AND APPROVAL OF REQUEST BY COASTAL LAND DESIGN, PLLC, ON BEHALF OF THE PROPERTY OWNER, CORBETT PACKAGE COMPANY, IN ORDER TO REZONE 129.3 ACRES LOCATED AT THE 100 BLOCK OF BRENTWOOD DRIVE FROM I-2, HEAVY INDUSTRIAL, TO (CUD) R-15, CONDITIONAL USE RESIDENTIAL DISTRICT, AND FOR A SPECIAL USE PERMIT IN ORDER TO DEVELOP A COMMUNITY BOATING FACILITY (Z17-09) Chairman White opened the public hearing and announced that the Conditional Use District process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. He requested that all persons who signed in to speak or who want to present testimony to please step forward to be sworn in. The following persons were sworn in: Brad Schuler Ben Andrea Ken Vafier Ernest Olds Andi Van Trigt Joe Taylor Frank Braxton Albert Corbett Current Planner Brad Schuler reported that a Conditional Use District is a district that requires every land use within it to obtain a Special Use Permit (SUP) and therefore, two separate actions would need to be taken by the Board and any conditions must be added to the SUP. Coastal Land Design, PLLC, on behalf of the property owner, Corbett Package Company, is requesting to rezone 129.3 acres of land located at the 100 block of Brentwood Drive from I-2, Heavy Industrial, to (CUD) R-15, Conditional Use Residential District, in order to develop a community boating facility. The property is adjacent to the Northeast Cape Fear River and is mostly undeveloped land that is zoned for industrial purposes. The proposed development will consist of a boat dock containing 98 boat slips which is connected to a 7.45- acre island of uplands. The island will contain an open air pavilion containing bathrooms, group picnic areas, canoe launches, and bike/walking trails. Access to the island will be provided by a 10-foot-wide boardwalk which spans approximately 1,400 feet east to a proposed 98-lot single family subdivision. The pavilion will be served by public water and a private septic system. The entire property is located within a Special Flood Hazard Area. The vast majority of the property is within an AE flood zone (100-year floodplain), and a portion of the island is located within a Shaded X flood zone (500-year floodplain). The proposed preliminary flood study will remove the Shaded X zone and place the entire property in an AE zone and increase the base flood elevation by one foot. The property contains regulated wetlands which will be preserved in conservation space. The property is located within a Natural Heritage Area, specifically the Northeast Cape Fear River Floodplain. This Natural Heritage Area is classified as exceptional, meaning it may contain a minimum of 10 rare plant and animal species. Potential impact to any endangered species will be reviewed during the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 848 Coastal Area Management Act (CAMA) Major permitting process for the proposed facility. The proposed subdivision is located within land already zoned R-15, and therefore, it is not included within this rezoning application. The community boating facility is a private, non-profit facility with no commercial activities being permitted. Each boat slip will be reserved for the homeowners within the proposed subdivision. Of the 129.3 acres included within the application, 121.85 acres will be preserved in conservation space. The proposed community boating facility and boardwalk must also obtain applicable permits from the NC Division of Coastal Management and U.S. Army Corps of Engineers. As the community boating facility is a private facility with no commercial activities being permitted, it is not expected to generate any additional trips outside of those generated by the proposed subdivision. Therefore, a Traffic Impact Analysis (TIA) was not required to be completed for this application. The 2016 Comprehensive Land Use Plan classifies the subject property as Conservation. The Conservation place type covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low-impact recreation, and in their natural beauty. Protection may also extend to important cultural or archaeological resources and to areas where environmental hazards are known to exist. Increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. The proposed community boating facility is consistent with the goals of the 2016 Comprehensive Plan because it provides low- impact recreation in an environmentally sensitive area and will place 121 acres of marshland in conservation space that could not be developed unless a new rezoning application was submitted and approved by the Board of Commissioners. The Planning Board considered this application at their July 13, 2017 meeting and recommended approval (7-0) of the rezoning to the Conditional Use District, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal would provide low-impact recreation in an environmentally sensitive area. 2. Reasonable and in the public interest because the proposal will preserve over 100 acres of an environmentally sensitive area in its natural state. Staff concurs with the Planning Board’s action and recommends approval of the Conditional Use Zoning District. If the Board approves the rezoning, then it can consider the SUP portion of this application based on the current information. Based on current information, staff has created preliminary findings of fact for each of the conclusions required to be reached to approve the SUP request and are detailed in the staff summary. The Planning Board also recommended approval (7-0) of the Special Use Permit with the following conditions: 1. The proposed development must be constructed in accordance with the preliminary Flood Insurance Rate Maps. Staff concurs with the Planning Board's condition being included should the Board approve the SUP. Chairman White requested the petitioner to comment. Mr. Taylor, attorney with Murchison, Taylor and Gibson representing the petitioner, stated that Andi Van Trigt, attorney also with Murchison, Taylor and Gibson, and Frank Braxton with Coastal Land Design will make the presentation. Ms. Van Trigt stated that the petitioners are in full agreement with everything staff has reported. This project is perfect for the unique property. The project will be adjacent to and a part of the River Breeze subdivision. The River Breeze subdivision has already been approved but this project and the only item being presented for the Board’s consideration is the adjacent property, which is approximately 129 acres on the river. It will hopefully house a proposed private community boating facility that will serve the residents of River Breeze, which will be a 98-lot single family development. The proposed facility will also have 98 slips so one will be designated for each unit. It will be only accessible over a boardwalk that can be accessed on foot, bicycle and golf cart. The only concern that has been raised is fire, which was raised at the Planning Board meeting. It is a concern that has been handled in the sense that this project will not be able to be developed except in accordance with all applicable fire code standards and in conjunction with those requirements and the relevant authorities. The evidence contained in the application satisfies all applicable legal requirements for approval of the requested Conditional Use District Rezoning and associated Special Use Permit. Having received the support of the Planning staff and unanimous favorable recommendation from the Planning Board, the Board of Commissioners is respectfully asked to approve both aspects of the application as necessary to allow the community boating facility to proceed as planned. The first aspect of request to rezone Tract A of the development, which is not the subdivision which has already been approved, but the approximately 129 acres that is on the river and is primarily brackish marsh except for an approximately 8-acre area of uplands where the facility will be located. Approval of the request to rezone Tract A to (CUD) R-15, Conditional Use Residential District, is warranted because the proposed community boating facility is both reasonable and in the public interest. It is also consistent with the Comprehensive Land Use Plan and the other applicable plans as summarized during staff’s presentation and in the application. Generally speaking, Tract A is located in the Conservation place type pursuant to the Comprehensive Land Use Plan. The proposed community NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 849 boating facility is directly in line with the goals of the Conservation place type as it constitutes a low impact recreational use. It also advances a number of goals identified in the Comprehensive Plan including the conservation and enhancement of our unique sense of place and conservation of environmentally critical areas. Use of this property as a community boating facility will be one of the only and best possible uses for this unique and environmentally sensitive area. The second aspect, the issuance of a Special Use Permit for the proposed community boating facility, is warranted as well. Section 71-1 of the Zoning Ordinance provides the four required findings for issuance of a Special Use Permit. First, the use will not materially endanger the public health or safety if located where posed and approved. This is established primarily in the fact that it will not be used for commercial purposes and because of that, will not increase traffic and for other reasons will be a low impact use in such a sensitive area. Also, the majority of Tract A, which is approximately 121 acres will be preserved as conservation space in the plan. Secondly, the use meets all required conditions and specifications of the Zoning Ordinance. The subject property, Tract A, is in the I-2 District like much of the area around it. The request being made is for a Conditional Rezoning to R-15, which is what the already approved River Breeze subdivision currently is zoned. As it is a Conditional Use Rezoning, all the Board will be allowing by approving this request is for the developer to proceed with the specific community boating facility as described in the site plan and, if approved, in accordance with the Special Use Permit. All the standards of Section 72-37, Governing Community Boating Facilities, have also been satisfied. The third aspect, as per the Special Use Permit requirements, the use will not substantially injure the value of adjoining or abutting property or the use of public necessity. Either of those is sufficient. There is no evidence in the record that the proposed use will injure in any way the surrounding property and may enhance the property values of the surrounding area. The fourth and final aspect, the location and character of the use, if developed in accordance with the plan, will be in harmony with the area in which it is to be located and is in general conformance with the development plan for New Hanover County. This proposed use is entirely consistent with the Comprehensive Land Use Plan as it is part of the Conservation place type. A low impact community boating facility perfectly fits in with that place type. The surrounding property is undeveloped land primarily zoned industrial or residential as it will be a part of a residential development. Ms. Van Trigt concluded the presentation stating that given all of these elements and what's already in the record before the Board and as Mr. Schuler summarized, the petitioner believes all legal requirements have been met for both aspects of this request and the Board’s favorable consideration would be appreciated. Chairman White stated that one person had signed up to speak in favor of the request and there were no speakers in opposition. He invited Mr. Corbett to give his comments. Mr. Corbett declined to make comments. Chairman White closed the public hearing and opened the floor to Board discussion. In response to Board questions regarding the dock being adjacent to the turning basin of the Cape Fear River, Mr. Schuler stated that the location of the dock will be reviewed under CAMA. He understood that some preliminary comments have already been provided and the dock had to be adjusted further south. Mr. Braxton stated that a scoping meeting has been held with the NC Division of Coastal Management and U.S. Army Corps of Engineers. Almost everything possible was vetted including the turning basin. A request was made that the dock be shifted more to the south and protection be installed at the northern end to keep any log debris from coming down river and hitting the boats, so it has been addressed. In response to Board questions, Mr. Braxton stated that the island’s elevation is approximately nine feet. Any development on the island is not subject to the codes which allows for more flexibility in being able to move the facility around, elevate it if needed, and being able to build with materials that are less susceptible to fire and anything of that nature. In regards to the septic field, a full site evaluation has been done for the ability of the site to handle a septic system. There is a portion of the property in the very center of the island that is receptive to septic and can handle a small load. There is still the step of obtaining a permit from the Health Department. Also being considered is whether to run a pressure line through the marsh as there is a risk of the pressure line breaking. Hearing no further discussion, Chairman White asked if the applicant agrees with Staff’s findings and any condition proposed to be added to the Special Use Permit and asked whether the applicant wanted to continue the application to a future meeting or proceed with the Board deciding to approve or deny the request. Mr. Braxton responded that the he agrees with the findings of fact and conditions as presented and requested the Board to proceed with the decision. Chairman White requested direction from the Board. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Zapple to approve, affirming staffs’ statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman White requested direction from the Board concerning the companion Special Use Permit. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek to approve, as the Board of Commissioners finds that this application for a Special Use Permit meets the four required conclusions: 1) it will not materially endanger the public health or safety; 2) it meets all required conditions and specifications of the Zoning Ordinance; 3) it will not substantially injure the value of adjoining or abutting property; and 4) it will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County, based NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 850 on the findings of fact included in the Staff Summary, and with the condition as recommended by staff. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 55. A copy of the order granting the Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 66. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Board of Examiners of Electricians Chairman White reported that two vacancies exist on the New Hanover County Board of Examiners of Electricians with two applications eligible for reappointment. Commissioner Kusek nominated Russell F. Carlson and William Loeber to be reappointed. The nominations were seconded by Commissioner Zapple. Vote Results: The Board voted UNANIMOUSLY to reappoint Russell F. Carlson and William Loeber to serve two- year terms on the New Hanover County Board of Examiners of Electricians with the terms to expire September 1, 2019. Appointments to the New Hanover County Board of Mechanical Examiners Chairman White reported that three vacancies exist on the New Hanover County Board of Mechanical Examiners with two applications eligible for reappointment and one additional application available for consideration. Commissioner Zapple nominated Donald Lewis for appointment and Larry Lisk and David Sims for reappointment. The nominations were seconded by Commissioner Kusek. Vote Results: The Board voted UNANIMOUSLY to reappoint Larry Lisk in the Mechanical Contractor category and Davis Sims in the North Carolina Registered Mechanical Engineer category and appoint Donald Lewis in the Mechanical Contractor category to serve two-year terms on the New Hanover County Board of Mechanical Examiners with the terms to expire August 31, 2019. Appointments to the New Hanover County Library Advisory Board Chairman White reported that four vacancies exist on the New Hanover County Library Advisory Board with one applicant eligible for reappointment and seven additional applications available for consideration. Vice-Chairman Watkins nominated Paul R. Smith for reappointment and Dennis M. Conlon, Sam Shore, and Rebecca Taylor for appointment. The nominations were seconded by Commissioner Kusek. Commissioner Barfield nominated Clayton Hamerski, Patricia Lawler, and Ida Smith for appointment. With no other nominations, Chairman White called for a vote on the nominations in order of being received. Vote Results: The Board voted UNANIMOUSLY to reappoint Paul R. Smith to serve a three-year term on the New Hanover County Library Advisory Board with the term to expire August 31, 2020. Vote Results: A majority of the Board voted to appoint Dennis M. Conlon, Sam Shore, and Rebecca Taylor to serve three-year terms on the New Hanover County Library Advisory Board with the terms to expire August 31, 2020. Appointment to the New Hanover County Nursing Home Community Advisory Committee Chairman White reported that up to six vacancies exist on the New Hanover County Nursing Home Community Advisory Committee with three applications available for reappointment. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins to reappoint Julie Brewer, Denise L. Shuart, and Janet A. Stump to serve three-year terms on the New Hanover County Nursing Home Community Advisory Committee with terms expiring August 31, 2020. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Risk Management Advisory Committee Chairman White reported that two vacancies exist on the Risk Management Advisory Committee with three applications available for consideration and requested direction from the Board. Vice-Chairman Watkins nominated George H. Chadwick, III and Deborah D. Watts for reappointment. The nominations were seconded by Commissioner Barfield. Vote Results: The Board voted UNANIMOUSLY to reappoint George Chadwick, III and Deborah Watts to serve three-year terms on the Risk Management Advisory Committee with the terms to expire on September 1, 2020. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman White reported that two people had signed up to speak on non-agenda items. Dante Murphy representing the Pender County NAACP, stated he wanted to address the Board, citizens of this County, and surrounding communities through a statement. The most recent tragic events in Charlottesville, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 21, 2017 PAGE 851 Virginia, the firing of a White House appointee and the condemnation of the President of the United States of America for his compassionate statement towards white nationalists, neo-Nazis, the KKK, and other hate groups has reignited awareness of a sad reality that wickedness still has residency in high places. The citizens of our local communities should not be fooled into thinking that these same hatreds do not exist at the local level. A case in point is the repeated request that the New Hanover County government release the hiring and promotion demographics of the social worker services division within the Department of Social Services. The social worker services division stands accused of not recommending an African American supervisory hire or promotion in the last 20 years or beyond. That same division currently has no African American supervisors or managers. Repeated requests for the New Hanover County Human Resources Department to confirm or deny this serious allegation is currently unsuccessful. Instead, the Human Resources Department has schemed to cover up this dark history by camouflaging the statistics. Every social group in this area should demand transparency into this inquiry and other inquiries that are similar. The citizens deserve it. He pleads with the Board to uphold its commitment to hire the best and the brightest and not the best and the whitest. Glenn Tetterton, representing the Cape Fear Chapter of Carolina Jews for Justice, spoke in favor of the development plan for Grace Street which does not take away from the main branch of the library, which has been an anchor in attracting people to the library since the early 80s. It contains the North Carolina collection and the basement is full of additional archives, collections, and materials that are used in the North Carolina collection. This is the only department within the library system which actually brings income into the County. Not only do scholars and researchers who live in the area use this great facility, but people are attracted here from throughout the state, the country and from abroad. When they come from out of town, they not only work in the library, they eat in our restaurants and they stay in our accommodations. This brings significant monies into the County. The Cape Fear Museum also has a very large collection of artifacts which cannot be displayed at any one time. There simply isn't room to put both of those facilities in the same place. Just as the library is one of the anchors that attracts people to the downtown, the Cape Fear Museum will be a good anchor for the Soda Pop District which is now being considered for development. He urged the Board to consider the plan which would not harm the library or the museum by squeezing them into one space. He further stated that the missions of both departments are quite different. While both contain part of the memory of the County, he reminded the Board that we have two hemispheres of the brain and we can't just fuse them together. It's not going to work that well. Others facilities of the library that are crucial for this part of the County are the computers that are available to the public. This is very important for job applicants who don't otherwise have access to computers. It's also the only branch that pedestrians can get to. Every other branch is in a shopping center and on busy roads. Although crossing Third Street is hazardous and a danger to your health if you are not careful, it's not as busy as College Road. He urged the Board to consider the plan that would not reduce the size of the library or move the museum. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield commented on his father, Joe Barfield, being in the StarNews on August 20, 2017. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 5:20 p.m. Respectfully submitted, Kymberleigh G. Crowell 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 online at www.nhcgov.com.