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2005-01-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 217 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 10, 2005, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pat Melvin, Assistant County Manager, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Vice-Chairman Caster commented on Agenda Item #4 on the authorization for the library to apply for E- Rate Program Funds and stated his concern for the financial expense and responsibility on the maintenance and upgrading of the computers. Hearing no further comments, Chairman Greer requested a vote from the Board to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular Meeting - December 20, 2004 Closed Session - December 20, 2004 Approval to Submit Grants to the Governor’s Crime Commission as Recommended by the Juvenile Crime Prevention Council The Commissioners approved as recommended by the Juvenile Crime Prevention Council to submit grants to the Governor’s Crime Commission, approved the associated budget amendment and authorized the Chairman to sign all necessary documents related to the grants. The grant requests being submitted to the Governor’s Crime Commission are: Child Advocacy Commission - Pre-Teen Risk Reduction Initiative; Leading Into New Communities (LINC) Addressing Academic Failure, Early Initiation of Conduct Problems, and Family Management Problems; Juvenile Day Treatment Center Family Component; Housing Authority of the City of Wilmington, NC - Manhood, A Youth Development Program for Disadvantaged Males. The letters of intent meet the local risk and needs assessment criteria, as established by the Juvenile Crime Prevention Council. Some of the organizations are local non-profits that need the County to act as lead agency as a Governor’s Crime Commission requirement, but no County funding is required. Approval of Adjustments to NHC Health Department Fee Policy The Commissioners approved the following adjustment to the NHC Health Department General Guidelines Section (Section I, Item O) of its Fee Policy. The change is based on recent guidance from the North Carolina Department of Health and Human Services. The current fee policy states the following: Reimbursable visits, for patients with insurance coverage, will be billed to the insurance company. If there is a balance remaining after the insurance payment is received by , the balance will be billed to the patient based on their established sliding fee scale rates. NHCHD The last sentence is changed to read: If there is a balance remaining after the insurance payment is received the entire balance will be billed to the patient, unless otherwise mandated by law or through the by NHCHD, Consolidated Agreement between the State of North Carolina and the New Hanover County Health Department. Authorization for Library to Apply for E-Rate Program Funds The Commissioners authorized the Library to apply for E-Rate Program Funds. If funding is granted NHC Library is eligible to receive discounts of up to 60% on telecommunication services and equipment which will be used to enhance library services. Approval of Budget Amendment #05-0016 - Library The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 218 Budget Amendment #05-0016 - Library AdjustmentDebitCredit Library: Aid to Public Library Grant$2,480 Departmental Supplies$2,480 Explanation: To budget additional funding from state grant. Approval of Budget Amendment #05-0019 The Commissioners approved the following budget amendment: Budget Amendment #05-0019 - Engineering AdjustmentDebitCredit Engineering: NOAA - Sedimentation/Erosion$17,400 Control Grant Salaries and Wages$17,400 Explanation: the Board of County Commissioners approved this grant in February 2004. The grant was not executed due to a lack of qualified candidates to fill the requirements in the specified time line of the grant. The time line was July to December 2004. Approval of Budget Amendment #05-0121 The Commissioners approved the following budget amendment: Budget Amendment #05-0121 - Department of Aging AdjustmentDebitCredit Senior Center: Senior Center Outreach Grant$930 Contracted Services - Senior Center Outreach$930 Explanation: To increase budget for monies collected from the sale of adult incontinence products. Additional monies will be used to purchase additional incontinence products for older adults. REGULAR ITEMS OF BUSINESS Chairman Greer announced that Agenda Item 1.1 Subdivision Appeal - Appeal by the Ocean Forest Lakes HOA and the Lords Creek HOA of the Planning Board’s decision to modify the County Technical Review Committee approval of Wooodlake @ Lords Creek has been withdrawn. PUBLIC HEARING TO CONSIDER REQUEST BY JEFF KEETER FOR CAPE FEAR MARINA VILLAGE TO REZONE APPROXIMATELY THIRTY ACRES OF PROPERTY LOCATED IN THE 1500 BLOCK OF US HIGHWAY 421 NORTH JUST SOUTH OF THE ISABEL HOLMES BRIDGE FROM CD (B-2/R-15) AND I-2 TO I-1 LIGHT INDUSTRIAL (Z-559, 11/04) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the presentation. Planning Director Hayes reported that the petitioner is requesting to rezone approximately 30 acres of property from a combination of Conditional Use B-2/R-15 to I-1 Light Industrial. The property is located on the western shore of the Cape Fear River which has traditionally been designated as the County’s Industrial Corridor. In 1996 the current owner of the subject property had a vision to create a mixed-use project on the land formerly utilized by the Wilmington Shipyard for ship repair. The proposed project included 27 single-family homes, 12 townhouses, a hotel, 75,000 square feet of retail/office uses and a 115-slip marina and clubhouse. As clean up began and construction plans were developed the owner ran into multiple complications including some environmental contamination from the previous use, permitting issues with regulatory agencies and inadequate utilities. In 1999 the conditional use permit was revised and the on-land residential component of the project was abandoned and the project concentrated uses on the river for floating homes and a multi-use marine resource center offering services and space for the North Carolina Aquarium, Cape Fear Rowing Club, the Museum and other educational groups. The floating home concept did not materialize. While some of the original concepts for the property have not been successful, the owner has significantly improved the property, cleaned up the environmental contamination, established a location for the Cape Fear Rowing club that has grown and recently hosted the first Head of the Cape Fear Regatta. Other marine oriented businesses have also been successful at this location. Because the property is entirely within the Floodplain it is classified in the Comprehensive Plan as Conservation. Policies within the conservation classification state that these NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 219 areas should be reserved for water dependent uses that cannot function elsewhere, shared industrial corridors, and those exceptional development proposals which are designed to effectively preserve the natural functions of the site. The applicant has demonstrated an interest in reestablishing the natural functions of the site while also utilizing its proximity to the river. The site is located in the County’s Heavy Industrial Corridor and uses in the proposed I-1 Light Industrial district are more compatible with the downtown waterfront than the surrounding I-2 Heavy Industrial. The Planning Board voted 5 to 2 to recommend approval. The two Planning Board members against the rezoning expressed a desire for a site plan that would address some of the gateway issues rather than a straight rezoning. Staff recommends approval. After brief discussion establishing that the proposed rezoning was consistent with the Land Use Plan and clarifying that the existing houseboat would be allowed to remain as a non-conforming use under the new rezoning, Chairman Greer asked if the applicant would like to speak. Jeff Keeter, applicant representing Cape Fear Marina Village LLC stated that he is requesting a rezoning of I-1 Light Industrial that will be more compatible with the downtown waterfront. Chairman Greer asked if anyone from the public wished to speak in favor or opposition to the request. There being none, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve rezoning approximately thirty acres of property located in the 1500 block of US Highway 421 from CD (B-2/R-15)and I-2 to I-1 Light Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING 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 47. PUBLIC HEARING TO CONSIDER STREET RENAMING OF SHADOW BRANCH LANE (SN-95, 08/04) Chairman Greer stated that the issue before the Board was the renaming of Shadow Branch Lane to Lake Renaissance Circle. He explained that the Technical Review Committee would review the road connection and break away gate issue. Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make the presentation. Planning Director Hayes reported that the Planning Staff, on behalf of the residents of Lake Renaissance, is requesting the Board to consider the street renaming of Shadow Branch Lane to Lake Renaissance Circle. Staff recommends that the road be renamed. Chairman Greer asked if anyone from the public wished to speak in favor or opposition to the request. Ken Birck, President of the Lake Renaissance Homeowners Association, stated on behalf of the HOA that he was requesting the Board to approve the street renaming. He stated that the HOA was opposed to the road connection. There being no further comments, Chairman Greer closed the Public Hearing. After brief discussion clarifying that the street renaming would include the two street appendages and a majority of the Homeowners Association members present at the meeting did vote in agreement with the street renaming, Chairman Greer called for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve renaming Shadow Branch Lane to Lake Renaissance Circle and for the issue of the road connection and break-away gate to go back to the Technical Review Committee for review. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order to rename the road is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 13.1. CONSIDERATION OF AMENDMENTS TO THE NEW HANOVER COUNTY CODE OF ORDINANCES, ARTICLE II, SECTIONS 26-32 AND 26-33 Assistant County Manager Dave Weaver reported that in 2002 the NC Building Code Council amended the NC Building Code and created a separate NC Fire Prevention Code. The NHC Ordinance Article II Sections 26-32, 26-33 requires updating to indicate that fire codes are enforced per the North Carolina Fire Prevention Code. The code should now read: Section 26-32 Purpose of this article. The purpose of this article is to provide for local enforcement of the North Carolina Fire Prevention Code, and all other provisions contained within this code. Section 26-33 Duties of the fire marshal. Making fire prevention inspections including the periodic inspections and reports of school buildings and day care facilities as required by the North Carolina Fire Prevention Code. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 220 Staff is requesting the Board to adopt the amendments to the New Hanover County Code Ordinances, Article II, Sections 26-32 and 26-33. Chairman Greer asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the amendments to the New Hanover County Code Ordinances, Article II, Sections 26-32 and 26-33. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 13.2. The amended ordinance will be codified into the New Hanover County Code of Ordinances. CONSIDERATION TO AWARD THE CONSULTING CONTRACT FOR THE 800 MHz UPGRADE PROJECT TO FEDERAL ENGINEERING AND APPROVE THE ASSOCIATED BUDGET AMENDMENT #05-0124 Emergency Management Director Warren Lee reported that Staff has evaluated the six responses to the County's Request for Qualifications and are recommending that the contract for consulting services related to the upgrade of the 800 MHz Radio System be awarded to Federal Engineering in the amount of $43,428. The contract will include an analysis of the County’s current system and recommendations for upgrade options. The contract will conclude with a presentation to the Board on February 21, 2005, that will include the consultant's findings along with a projected cost for upgrading the system. Staff is also requesting the Board to approve the associated budget amendment #05-0124 to cover the cost of this contract. After a brief discussion clarifying that Staff believes that in this case, the use of a consultant will save the County money, Chairman Greer asked for direction from the Board. Commissioner Kopp stated that he thinks this is an important public safety issue. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to award the consulting contract for the 800 MHz upgrade project to Federal Engineering in the amount of $43,428 and to approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #05-0124 - Non-Departmental/Emergency Management AdjustmentDebitCredit Non-Departmental/Contingencies: Contingencies$43,428 Emergency Management: Contracted Services$43,428 Explanation: To transfer funds from Contingencies to Contracted Services for consulting contract for 800MHz upgrade project. Commissioner Pritchett clarified with Emergency Management Director Lee that of the six responses received to the County’s Request for Qualifications, no local company best met the established criteria. UPDATE ON UNIFIED DEVELOPMENT ORDINANCE OVERSIGHT COMMITTEE Planning Director Dexter Hayes reported that work initially began on the Unified Development Ordinance as a result of consolidation efforts in the mid 1990's. A consultant was hired to work with the City and County Planning Boards to combine all of the existing land development regulations of the two jurisdictions. A draft Ordinance was completed in 1997. Shortly thereafter, the City and County began the Comprehensive Land Use Plan Update and it was decided that the completion of the UDO should await the results of those Policy changes. Following the adoption of the Land Use Plan in the fall of 1999, a UDO Oversight Committee was created from membership of the Land Use Plan Steering Committee and three representatives from each of the City and County Planning Boards. The UDO Oversight Committee process continued through June of 2004. Major accomplishments to date include the adoption of uniform landscaping and sign regulations as well as revised subdivision regulations in the City and County. The subdivision changes included new requirements for connecting streets, dedication of recreation and open space, thoroughfare corridor protection, sureties and financial guarantees, monumentation, sidewalks and trails, and other administrative changes. The UDO Oversight Committee also reviewed the City and County storm water management requirements as well as the technical specifications for storm water design. A revised Flood Plain Ordinance has also been approved and adopted in both jurisdictions. Most of the recommendations of the UDO Oversight Committee have been incorporated into the development ordinances of the City and County and adopted by their respective Boards. Work on the Unified Development Ordinance entered a new phase last year when the City hired a consulting team consisting of Land Design and Duncan Associates. The consultants prepared recommendations for zoning districts, permitted uses, general uses standards, definitions, and limited environmental regulations. It appears that much of the Consultants work focused on re-writing the twenty-year-old City Ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 221 The City Staff, the City Planning Commission and City Council have just completed a major re-write of their development regulations into a separate unified ordinance. The County will have the opportunity to adopt uniform standards for certain districts and regulations that can be applied in both jurisdictions. Other changes may be needed to the County Ordinances upon the completion of the CAMA Land Use policies update. UPDATE ON CAMA LAND USE PLAN AND ADOPTION OF RESOLUTION Senior Planner Chris O’Keefe reported that New Hanover County and the City of Wilmington have entered Phase II (the final phase) of the update to the jointly prepared CAMA Land Use Plan. In Phase I, the Board of Commissioners reviewed and adopted the Citizen Participation Plan (CPP) that continues to be used to guide City and County Staff through the overall CAMA Plan process. The Commissioners and City Council Members also appointed an eight member advisory panel that has served to receive public comment at public meetings, review staff drafts and proposals and comment on specific policies and implementation strategies. As the early stages of Phase II are completed, technical reports, and analysis of existing, past and future conditions will be completed. The Advisory Panel is reviewing a draft of policies to be included in the plan document. Public meetings will be scheduled to receive comment on the draft document. The completed CAMA Land Use Plan should be ready for final approval by the City Council and County Commissioners by the end of July 2005. Staff requests the Board to adopt the resolution to satisfy New Hanover County’s contractual arrangement with the North Carolina Department of Environment, Health and Natural Resources and its agreement with the City of Wilmington to jointly prepare and adopt a CAMA Land Use Plan Update in accordance with CAMA guidelines. Chairman Greer read the resolution into the record and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution to satisfy New Hanover County’s contractual arrangement with the North Carolina Department of Environment, Health and Natural Resources and its agreement with the City of Wilmington to jointly prepare and adopt a CAMA Plan Update in accordance with CAMA guidelines. 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 XXIX, Page 13.3. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6:40 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:30 p.m. NON-AGENDA ITEMS Chairman Greer 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 ITEMS Item Presented by Commissioner Kopp Commissioner Kopp reported that Robert J. Smith, Chairman of the NHC Libertarian Party, passed away and stated that his thoughts and prayers were with the Smith family. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings: The TDA Executive Committee Meeting, the Chamber of Commerce Retreat, the St. Nicholas Epiphany Celebration, the Lower Cape Fear Water and Sewer Authority meeting; and continued meetings with County Engineer Thompson and District Vice-Chairman Kopp concerning County water and sewer issues. Item Presented by Commissioner Pritchett Commissioner Pritchett reported that the Cancer Society Relay for Life is April 22 and 23, 2005. The Sheriff’s Department, among other groups, is working hard to raise money by selling purple “HOPE” bracelets; as a cancer survivor she encouraged participation. Item Presented by Chairman Greer Chairman Greer reported that the Office of Indigent Defense Services is recommending that the General Assembly create a new public defender office in the 5 th Judicial District. The Indigent Defense Services Office has conducted a study examining the cost-effectiveness of public defender offices compared to private assigned counsel. The study indicated that the State could save money by creating a new public defender office in New Hanover and Pender Counties. The proposed public defender offices would be at the expense of the NHC taxpayers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JANUARY 10, 2005PAGE 222 Commissioner Davis reported that the Bar Association has voted in support of the proposal. He stated that on behalf of the County, in his previous role as Chairman of the Board, he had requested the County be included in these discussions. As of this date, the County has not been contacted or notified of the intentions of the Office of Indigent Defense Services nor has it been included in any discussions. After discussion, the consensus of the Board is to direct staff to request the Office of Indigent Defense Services to supply the Board with a copy of the study examining the cost-effectiveness of a public defender office compared to private assigned counsel, for Staff to place this item on the next meeting’s agenda with a resolution and letters to the IDS office and the legislative delegation voicing concern about the burden on NHC taxpayers should the General Assembly approve the public defenders office, contact the President of the Bar Association asking for an explanation of the Bar’s vote in support of the public defender offices, and update Judge Carroll and Judge Fullwood on the actions of the Board. Commissioner Kopp asked County Manager O’Neal for an update on the Video Arraignment system. County Manager O’Neal and Sheriff Causey reported that the County is ready for the Video Arraignment system to be activated. The County equipment is in place and operable. County Manager O’Neal reported that he would provide the Board with an update as soon as possible. BREAK: Chairman Greer called for a break at 7:50 p.m. CLOSED SESSION Chairman Greer announced that a Closed Session as authorized by N.C.G.S. 143-318.11 (a)(4) was needed to discuss matters relating to the location or expansion of industries or businesses served by the public body. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, pursuant to N.C.G.S. 143-318.11 (a)(4), to convene to Closed Session to consult with the County Attorney on matters relating to the location or expansion of industries or businesses served by the public body. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 8:05 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to Regular Session at 8:45 p.m. Chairman Greer reported that the Board discussed matters relating to the location or expansion of industries and businesses served by the public body. Any action approving an economic development commitment will be taken in an open session after a public notice and hearing. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 8:47 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board