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2009-04-06 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 6, 2009 PAGE 573 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 6. 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.: Count- Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schuh and County Manager Brnce T. Shell. Chairman Davis called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Robert Campbell, New Beginning Christian 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 am, item from the Consent Agenda. Hearing no comments. Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson. 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: Regular Session meeting held on March 16, 2009 Budget Work Session meeting held on March 16, 2009 Approval of Transfer of Elderly & Disabled Transportation Assistance Program Funds and Adoption of Budget Ordinance Amendment 09-0212 - Department of Aging The Commissioners approved the transfer of Elderly & Disabled Transportation Assistance Program hinds in the amount of $7.500 from WAVE Transit Authority- to the Department of Aging and adopted Budget Ordinance Amendment 09-0212. The finds will be used to provide transportation seivices to elderly- persons on the waiting list. A copy- of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIL Page 8.1. Approval of Second Reading for Solid Waste Franchise to KHH Disposal, Inc. - Legal Department The Commissioners. at the request of KHH Disposal. Inc., approved the second reading awarding a solid waste franchise to KHH Disposal. Inc. The initial franchise period will nun for a period of seven years. A copy- of the franchise agreement is available for review in the Legal Department. Adoption of Budget Ordinance Amendments - Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30. 2009: 09-188 - Social Seivices 09-191 - Aging 09-182 - Health 09-186 - Health 09-194 - Health 09-195 - Health 09-196 - Health 09-197 - Health 09-199 - Health 09-200 - Health 09-201 - Health 09-202 - Health 09-203 - Health 09-205 - Health 09-206 - Health 09-207 - Health Copies of the budget ordinance amendments are hereby- incorporated as part of the minutes and are contained in Exhibit Book XXXII. Page 8.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 6, 2009 PAGE 574 REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2009 AS SEXUAL ASSAULT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Davis presented the request for the Board's consideration to proclaim April 2009 as Sexual Assault Awareness Month in New Hanover County . Commissioner Greer read the proclamation into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Barfield, to adopt the proclamation recognizing April 2009 as Sexual Assault Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Julie Ozier, Rape Crisis Center Supeivisor with Coastal Horizons Center, Inc., was present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 8.3. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 18 - MAY 2, 2009 AS SPRING LITTER SWEEP IN NEW HANOVER COUNTY Chairman Davis presented the request for the Boards consideration to proclaim April 18 - May 2, 2009 as Spring Litter Sweep in New Hanover County. Commissioner Caster read the proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation recognizing April 18 - May 2, 2009 as Spring Litter Sweep in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Keep America Beautifinl Coordinator Jennifer O*Keefe was present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 8.4. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2009 AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Chairman Davis presented the request for the Boards consideration to proclaim April 2009 as Fair Housing Month in New Hanover County. Commissioner Barfield read the proclamation into the record and moved for adoption. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing April 2009 as Fair Housing Month in New Hanover Counh'. Upon vote, the MOTION CARRIED UNANIMOUSLY. Human Relations Director Carl A. Byrd, Sr., Chairperson Barbara Chestnut Kane, current member Pastor Robert Campbell, and former member Margaret Parish were present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 8.5. AUTHORIZATION FOR THE SHERIFF'S OFFICE TO SUBMIT A GRANT APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES Chief Deputy Ed McMahon presented the request to authorize the Sheriffs Office to submit a grant application to the Office of Community Oriented Policing Senti ices Hiring Recovery Program in the amount of approximately $1.32 million. If awarded, the fiends will be used to provide entry-level salaries and benefits for three years for eight newly-hired, Rill-time sworn officer positions. This includes filling existing unfunded vacancies or for rehired officers who have been laid off, or are scheduled to be laid off on a firture date as a result of local budget cuts. There is no required local match for the three year period although a stipulation of the grant award is that the officer positions be continued for a period of one year following the conclusion of the three year grant finnding. The grant finnded positions will be added to the Sheriffs Office budget request in year four. After brief discussion, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to authorize the Sheriffs office to submit a grant application to the Office of Community Oriented Policing Seivices Hiring Recovery Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 6, 2009 PAGE 575 MARLOWE & COMPANY PRESENTATION Chairman Davis reported that representatives with Marlowe & Company, Government Affairs Consultants, are in attendance to present an update on its activities and the progress of County beach projects. Marlowe & Company are paid from the beach renourishment portion of the Room Occupancy Tai Fund. Howard Marlowe introduced Daniel Sheehan and requested he make the presentation. Mr. Sheehan reported that on behalf of New Hanover County Marlowe & Company submitted the FY 2010 appropriations request. Staff has confirmed with our legislative delegation that they are willing to submit the Carolina Beach and Kure Beach project and the New Hanover County Greenway System project requests to the Appropriations Committees once Congress returns from recess. Once the legislative delegation has submitted the requests, Marlow & Company staff will begin working with the House and Senate Appropriations Committee staff in order to support these projects and verify that they are consistent with what Committee Members are willing to consider. Mr. Sheehan encouraged the Board to show support for these requests by contacting and/or visiting our legislative delegation members. In closing, Mr. Marlowe stated that they will continue to actively advocate on behalf of all the County's interests and keep the Board informed of any Congressional or other federal activities that impact them. Following a brief question and answer period, Chairman Davis thanked the gentlemen for the presentation. PUBLIC HEARING AND APPROVAL OF REQUEST BY MYRTLE GROVE INVESTMENTS, LLC FOR A SPECIAL USE PERMIT TO LOCATE A TEN-SLIP COMMUNITY BOATING FACILITY TO SERVE THE TIDALWALK SUBDIVISION LOCATED IN THE 7800 BLOCK OF MYRTLE GROVE ROAD IN AN R-15 RESIDENTIAL ZONING DISTRICT (S-588,3/09) 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 O'Keefe James Martin Frank Braxton Vice-Chairman Thompson stated that due to a financial interest in this project he would like to be recused from hearing this item. Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to recuse Vice-Chairman Thompson from hearing this item due to a financial interest in this project. Upon vote, the MOTION CARRIED 4 TO 0. Senior Plainer Jane Daughtridge reported that Myrtle Grove Investments, LLC is requesting a Special Use Permit to allow a ten-slip community boating facility to seive the TidalWalk Subdivision in the 7800 block of Myrtle Grove Road and presented a slide overview of the property. Planning Director O'Keefe read the findings of facts into the record and stated that staff suggests the following additional conditions: The Homeowners Association covenants must be amended to address the management and maintenance of the community boating facility° in accordance with the land use plan and ordinance. The current covenants, Article IV, Section 2 are not adequate for these purposes. An amended section needs to be reviewed and approved prior to County Commissioners' consideration of the special use permit. Deed restrictions should be placed on all waterfront lots in the TidalWalk Subdivision, disallowing individual docks and piers upon approval of this special use permit. At the Planning Boards March 5, 2009 meeting, the Planning Board voted 5-0 to recommend approval of the proposal with the staffs recommended additional conditions. No one spoke on the request during the public comment time. Director O'Keefe reported that since the Planning Board meeting, the Petitioner has satisfied both of the conditions and confirmed that currently there are no homeowners in the subdivision. The Petitioner will be required to obtain a CAMA permit. The State will not issue the permit unless the Special Use Permit is approved. Chairman Davis asked if the Petitioner wished to speak in favor of the request. In response to Board questions, Jimmy Martin, the Petitioner, confirmed that he agrees with the findings of facts and the additional conditions as presented. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 6, 2009 BOOK 31 PAGE 576 Hearing no one, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to approve the Special Use Permit request by Myrtle Grove Investments, LLC to locate a ten-slip community boating facility to seine the TidalWalk Subdivision in the 7800 block of Myrtle Grove Road 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 proper 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 following conditions: 1) The Homeowners Association covenants must be amended to address the management and maintenance of the community boating facility° in accordance with the land use plan and ordinance: and 2) Deed restrictions should be placed on all waterfront lots in the TidalWalk Subdivision, disallowing individual docks and piers upon approval of this special use permit. Upon vote. the MOTION CARRIED 4 to 0. 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 25.3. ADOPTION OF RESOLUTION SUPPORTING THE PLEASURE ISLAND GREENWAY Parks Director Neal Lewis reported that the Pleasure Island Greenway Committee is asking the Board to support the concept to plan and construct a multi-use path system that will eventually extend from the Fort Fisher area across the bridge into New Hanover County and authorize County staff to work with the beach towns staff to draft the appropriate interlocal agreements outlining that the participating beach towns fined the path construction, maintenance, and operations. The Town of Carolina Beach will be applying for a "Safe Routes to School" grant fiends to fiord sidewalk and path improvements that will tie into the proposed multi-use path. Funds are being sought by the Committee to complete the project. There is no intent for New Hanover County to provide any funding for the Pleasure Island Greemvay. Vice-Chairman Thompson read the resolution into the record and moved for adoption. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution support the Pleasure Island Greenvay. Upon vote, the MOTION CARRIED UNANIMOUSLY. Richard Himmelstem, Co-Chairman of the Pleasure Island Greenwav_ Committee, thanked the Board for their support of Carolina Beach as they move foiward with this project. Carolina Beach Councilman Alan Gilbert thanked the Board for their support and the Count-N's participation in this partnership. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII, Page 8.6. TRAILS END PUBLIC WATER ACCESS UPDATE Parks Director Neal Lewis provided an over iew of the history of the Trails End property and presented the following information: • The site, a total of 1.7 acres of property, fronting Masonboro Sound and at the intersection of Puiviance Avenue and Trails End Road was purchased by the County in early March 2007, for $4 million. • The property is zoned R-15 with parks allowed in an R-15 zone. The property is seined by County sewer. Public water is not available on Trails End Road. There is a well on this property. • Trails End Road adjoins the property on the southern border and extends into the water. This area has been used by the public as a boat launching ramp for some time. Ownership status of the roadway will not allow for this area to be used as a part of the proposed public access facility. • There is approximately 200' of waterfront, with an existing bulkhead which is in good condition. There is also an existing dock with two floating docks attached at the end. • The dock has potential for use as a kayak/canoe launch facility. • The North Carolina Wildlife Resources Commission has agreed to design the park, obtain all necessai permits, develop the launching ramp, bulkhead and docks, and to provide the necessary dredging and pay for these improvements. They would also make any fixture repairs or capital improvements to the property. • Because the proposed facility is located in a primarily residential neighborhood, the Wildlife Resources Commission will enter into an agreement with the County for operation of the area as a park. This will allow the County to establish rules regarding use of the park, including hours of operation. • On April 18, 2008, a public meeting was held to allow the neighboring property owners and the public an opportunity to offer input on the proposed project. Most of the comments were in reference to safety at the intersection, hours of operation, size of boats, noise, litter, and some general opposition to any plans for a public facility. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 6, 2009 BOOK 31 PAGE 577 Since that time. a plan has been developed which enhances the opportunity to safely launch boats with minimal alteration of the property and with respect to the surrounding residential neighborhood. On February 26. 2009, a public meeting was held to share this plan and to receive comments. Approximately thirty people attended the meeting. Those in attendance who live near the property expressed interest in how the park would be managed, including maintenance and hours of operation. The overall feeling was that the plan addressed most of the concerns raised at the previous April 18. 2008 meeting. It was also expressed by the Wildlife Resources Commission that construction would create minimal disturbance to the neighborhood and would not interfere with existing neighborhood access to the water. It is anticipated that both permits will be received no later than mid August 2009 with construction beginning mid September 2009. Construction is estimated to take between five and eight weeks with the estimated opening of the park in November 2009. In response to Board questions, Director Lewis confirmed that the County will be setting the guidelines for the park including the hours of operations. In response to Board concerns. Director Lewis stated that staff will meet with the neighbors for their input on these guidelines and the recommendations will be presented to the Parks and Recreation Advisor- Board for their consideration with an update to the Board of Commissioners. The County does not have control of the existing boat ramp that is located at the end of Trails End Road and open 24/7. In response to Board questions, Director Lewis clarified that in order to direct the flow of traffic, vehicles will be required to enter the park on Trails End Road and exit on Puiviance Avenue. Hearing no ftrther comments, Chairman Davis thanked Director Lewis for the update. A copy of the Power Point presentation is available for review in the Parks Department. APPOINTMENT OF EARL M. WORSLEY, JR. AS CHAIRMAN AND JOSEPH SZALOKY AS VICE- CHAIRMAN TO THE SPECIAL BOARD OF EQUALIZATION AND REVIEW Chairman Davis reported that at the Board's March 16, 2009 Regular Board Meeting, the Commissioners appointed the members to the Special Board of Equalization & Review. The Board now needs to appoint a Chairman from the following list of regular members: Earl M. Worsley, Jr. - appraiser Joseph Szaloky - accountant Paul E. D'Aungelo - business owner Joanne S. Parker - real estate broker William J. O'Shea - single-family residential property owner Commissioner Caster nominated Earl M. Worsley, Jr. for Chairman to the Special Board of Equalization and Review. Commissioner Barfield seconded the nomination. Commissioner Barfield nominated Joseph Szaloky for Vice-Chairman to the Special Board of Equalization and Review. Vice-Chairman Thompson seconded the nomination. Chairman Davis nominated Joanne S. Parker for Vice-Chairman to the Special Board of Equalization and Review. No second was received. Hearing no further nominations Chairman Davis called for a vote on the nominations. Vote: Upon vote. the MOTION PASSED UNANIMOUSLY to appoint Earl M. Worsley, Jr. to seive as Chairman of the New Hanover County Special Board of Equalization and Review. Vote: Upon vote. the MOTION PASSED UNANIMOUSLY to appoint Joseph Szaloky° to seine as Vice-Chairman of the New Hanover County Special Board of Equalization and Review. ADDITIONAL ITEMS ADOPTION OF RESOLUTION OPPOSING SENATE BILL 7.58 - AN ACT TO TRANSFER SECONDARY ROAD RESPONSIBILITIES TO COUNTY GOVERNMENTS Assistant County Manager Chris Coudriet reported that Senators Rucho and Clodfelter of Mecklenburg County have introduced Senate Bill 758. which aims to transfer the secondary roads program, including construction and maintenance of those roads, to county governments. A draft resolution is available for the Boards consideration outlining New Hanover County's opposition to Senate Bill 758 and requesting the local Legislative Delegation to work diligently toward the defeat of Senate Bill 758 and any similar legislation. Vice-Chairman Thompson read the resolution into the record. Chairman Davis requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING, APRIL 6, 2009 PAGE 578 Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution opposing Senate Bill 758 - An Act to Transfer Secondaiv Road Responsibilities to County Governments. 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 XXXIL Page 8.7. 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. Janice E. Wilson voiced her concern about the industries that Wilmington Industrial Development is attracting to the area speaking in opposition to the issuance of economic incentives. She requested that businesses that support tourism and recreation be attracted to the area. Edward M. Scott spoke in opposition to the location of Titan America in Castle Hayne and the incentive that was offered to the company. Doug Springer, Cape Fear River Watch, spoke in opposition to the location of Titan America on the banks of the Cape Fear River. He requested the Board endorse the State Environmental Policy Act and present the request to Titan America that they voluntarily submit to be regulated by this Act. Margaret Parish spoke in opposition to the location of Titan America in Castle Hayne voicing her concern on mercun emissions. David Pinsky- stated that he is a graduate student in UNCW's Environmental Concerns Organization and spoke in opposition to the location of Titan America in Castle Hayne. He voiced his concern on Board accountability° and requested Commissioner Barfield lead the way in supporting Senate Bill 699. Senate Bill 699, if approved, would establish an eighteen month moratorium on cement plant permits. Joann Likens spoke in opposition to the location of Titan America in Castle Hayne voicing her concern on toxic chemicals and the location of the plant in an environmentally sensitive area. Julie Hurley spoke in opposition to the location of Titan America in New Hanover County. She requested the Board support Senate Bill 699. Dr. Frederick Opper spoke in opposition to the location of Titan America in New Hanover County voicing his concern that the emissions of toxic chemicals will have on public health. Vice-Chairman Thompson requested that staff respond to him with the following information: • If Titan America will be required to comply with the new regulations even if they receive their permit before the regulations are in effect. • Verify if the hntertox Study is a requirement of the State in the permitting process. Chairman Davis stated that the position the Board has taken is that the process needs to run its course through the Federal and State permitting processes. He invited comments from the Board. Commissioner Barfield stated that the Boards support of Senate Bill 699 would be the wrong move for the County. The County° has entered into an incentive agreement with Titan America and supporting the moratorium, through Senate Bill 699. could open the County up to a lawsuit. ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:08 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above Inawtes are not a verbatim record of the lreir Hanover Couao,, Board of Commissioners meeting. The etztire proceedings are mailable for review- and cbeck-out at all A-eii- Hatzover Coulioy Libraries.