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2022-12-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, DECEMBER 5, 2022 PAGE 595 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 2022, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Shawn Blackwelder, St. Paul's United Methodist Church, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Chair Olson-Boseman requested a motion to approve the minutes of the Agenda Review Meeting held on November 10, 2022 and the Regular Meeting held on November 14, 2022 as presented. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to approve the minutes of the Agenda Review Meeting held on November 10, 2022 and the Regular Meeting held on November 14, 2022 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF APPRECIATION GIFT TO CHAIR OLSON-BOSEMAN County Manager Coudriet, on behalf of the County, presented a plaque to Chair Olson-Boseman in recognition and appreciation of her four years of service as a New Hanover County Commissioner, serving one year as Vice-Chair and three years as Chair. Chair Olson-Boseman expressed appreciation for the recognition. OATHS OF OFFICE ADMINISTERED The Honorable James H. Faison, III, North Carolina District Court Judge, Fifth District, administered the Oath of Office to Commissioner LeAnn Pierce. The Honorable James H. Faison, III, North Carolina District Court Judge, Fifth District, administered the Oath of Office to Commissioner Rob Zapple. Commissioners Pierce and Zapple offered comments to the audience, thanking their families for their support, expressing appreciation to the voters for electing them, and promising to serve the citizens of New Hanover County to the best of their abilities in their role as County Commissioners. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XLIII, Page 39.1. ELECTION OF CHAIR AND VICE-CHAIR FOR THE ENSUING YEAR Members present: Commissioner Jonathan Barfield, Jr.; Commissioner Deb Hays; Commissioner LeAnn Pierce; Commissioner Bill Rivenbark; and Commissioner Rob Zapple. County Attorney Copley opened the floor to receive nominations for Chair of the Board of County Commissioners for the ensuing year. Commissioner Barfield nominated Commissioner Rivenbark to serve as Chair of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Hays seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to elect Commissioner Rivenbark as Chair of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chair of the Board of County Commissioners for the ensuing year. Commissioner Rivenbark nominated Commissioner Pierce to serve as Vice-Chair of the Board of County Commissioners for the ensuing year. Commissioner Barfield seconded the nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nomination on the floor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, DECEMBER 5, 2022 PAGE 596 Vote Results: The Board voted UNANIMOUSLY to elect Commissioner Pierce as Vice-Chair of the New Hanover County Board of Commissioners for the ensuing year. BREAK: Chair Rivenbark called for a break at 4:20 p.m. The Board reconvened at 4:37 p.m. BOARD SEATED FOR 2022-2023 Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner Deb Hays; and Commissioner Rob Zapple. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve Consent Agenda Items #1, 3, 4, and 5 as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Hays, to approve Consent Agenda Items #1, 3, 4, and 5 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Additional Information: Consent Agenda Item #2: Adoption of Public Officials Bond Resolution was adopted during the December 5, 2022 Special Meeting. CONSENT AGENDA Approval of Sale of Two County-Owned Properties Located in the Area of Northchase Parkway West (PIN: R02619- 008-056-000 (Well Site #1) and PIN: R02615-003-008-000 (Well Site #2)) Consistent with the Upset Bid Process - County Manager The Commissioners accepted the Northchase Homeowners Association, Inc. offer in the amount of $700 for Well Site #1 and $100 for Well Site #2 for a combined amount of $800, subject to the upset bid process, authorized staff to initiate and complete the upset bid process with the properties being sold together in accordance with NC General Statutes, and authorized the county manager and the county attorney to prepare and execute all necessary paperwork to transfer ownership to the highest bidder, at a minimum amount of $800 for both properties. Second Reading: Approval of Solid Waste Franchise for Carolina Waste & Recycling LLC – County Attorney The Commissioners approved on the second reading to authorize the issuance of a solid waste franchise to Carolina Waste & Recycling, LLC for a term of seven (7) years. Upon award, the company will provide certificates of insurance, agree not to bring outside waste into the County and to haul all waste to a County designated facility, if required by law. Adoption of a Resolution for Award of Bid for the Purchase of Six (6) Mobile Event Response Trailers (MERT) to Powell Safety Solutions in the Amount of $113,040 – Emergency Management The Commissioners adopted the resolution to award the bid to Powell Safety Solutions, in the amount of $113,040 for the purchase six (6) Mobile Event Response Trailers (MERT). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 39.2. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2023:  23-035 Emergency Management  23-037 Health and Human Services  23-038 Senior Resource Center  23-039 Sheriff's Office Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 39.3. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF LORA GABRIO, PROPERTY OWNER, TO REZONE APPROXIMATELY 0.36 ACRES OF LAND LOCATED AT 7100 CAROLINA BEACH ROAD FROM R-10, RESIDENTIAL TO (CZD) O&I, OFFICE AND INSTITUTIONAL (Z22-20) Current Planner Julian Griffee presented a rezoning request by Cindee Wolf with Design Solutions, applicant, on behalf of Lora Gabrio, property owner, to rezone approximately 0.36 acres of land located at 7100 Carolina Beach Road from R-10, Residential to (CZD) O&I, Office and Institutional to renovate an existing single family dwelling and add approximately 200 square feet of additional floor area for business offices. Single family residential surrounds the subject site. The subject site is located at the intersection of Lehigh Road and Carolina Beach Road, both of which are North Carolina Department of Transportation (NCDOT) state-maintained roads. The immediate surrounding area is zoned R-10 and R-15 residential districts, and commercial zoning exists just to the north of the subject site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, DECEMBER 5, 2022 PAGE 597 Mr. Griffee provided and overview of the current conditions of the subject site. The proposal intends to abandon the existing driveway access from Carolina Beach Road and provide a new access from Lehigh Road. The proposed new driveway access would be between existing trees as depicted on the submittal documents and included in the agenda packet. The new access is subject to the NCDOT driveway permitting process. The applicant also proposes to limit future uses to offices for private business and professional services, instructional services and studios, personal services (general), and single family residential. The proposed development is estimated to generate approximately one more AM and one more PM peak hour trip. Estimated trip generation figures for other possible future uses have been provided in the agenda packet as well. There are two traffic impact analyses (TIAs) within the general vicinity of the subject site, the details of which are included in the agenda packet. There are no state transportation improvement projects within the general vicinity. Mr. Griffee provided an overview of area subdivisions under development and examples of single family dwellings that have been converted into businesses. The subject site is located at 7100 Carolina Beach Road, a heavily traveled arterial road. Residential and commercial zoning exist within the general vicinity of the subject site, and the development could serve as a transition between Carolina Beach Road and the existing residential neighborhood to the west. The proposal provides flexibility between residential and commercial uses and preserves the ability for the subject site to be used as a single family residence in the future. A Type A opaque buffer is required to be placed between the commercial development and the adjacent single family uses. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies the area as Community Mixed Use. The proposed project is generally consistent with the Comprehensive Plan, which recommends a mixture of uses that includes low to moderate density retail and services that can support nearby neighborhoods. The subject site is located between an established residential neighborhood within the General Residential place type to the west and the major roadway corridor located within the Community Mixed Use place type and could serve as an appropriate transition between the place types. A gradual conversion of residential properties into commercial uses is anticipated along the corridor. The Planning Board considered the request during its November 3, 2022 meeting and recommended approval (6 – 0) with the following six conditions that were agreed to by the applicant: 1. Restricting the uses allowed within the district to allow for offices for private business and professional activities, instructional services and studios, personal services, general, and dwelling, single-family detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 6. The existing significant trees on the subject site shall be preserved. Mr. Griffee concluded the staff presentation stating that staff received two comments in opposition, which have been provided to the Board. If approved, the project would be subject to Technical Review Committee (TRC) and zoning compliance review processes to ensure full compliance with all ordinance requirements. Chair Rivenbark thanked Mr. Griffee for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions on behalf of Lora Gabrio, property owner, stated that she and her client feel the request is positive in that it is an adaptive reuse of existing buildings. Tidal Realty Partners does most of its work online but feels it is good to have a storefront and some streetscape visibility with a sign out front showing that it is a valid business and a place to meet with clients. Uses like this are not heavily intensive as far as any type of traffic circulation or anything else. The proposed plan is to remove the existing driveway to eliminate one conflict along the busy highway and to incorporate the commercial standards for landscape streetscaping to improve the overall aesthetics of the subject site. The proposed plan will have to go through the technical review committee (TRC) process and at that point it will have a very accurate location of all the trees along Lehigh Road. She and her client have no desire to take out any of the trees already onsite and can work around everything. It is believed the rezoning request is consistent, reasonable, and in the public interest. The Comprehensive Plan designates land that can be used for fostering sustainable growth through sensible infill. Adaptive reuse and rehabilitation of existing buildings are also good for redevelopment options that will enhance the area’s character. The proposal also provides an orderly transition between Carolina Beach Road and the neighborhood that is behind the subject site. In response to Board questions, Ms. Wolf stated the dwelling is intended to only be a business and a request was not made for any sort of in-home/caretaker type of unit. She expressed appreciation for staff’s recommendation to preserve the ability for the site to be converted back to a single family residence in the future as it is a permitted NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, DECEMBER 5, 2022 PAGE 598 use in the O&I District. She also reconfirmed that the proposed project would require an NCDOT driveway permit, and the required drainage plan will be completed. Chair Rivenbark announced that no one signed up to speak in favor or in opposition to the request. He asked for a motion to close the public hearing. Motion: Commissioner Hays MOVED, SECONDED by Chair Rivenbark to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Hearing no further discussion, Chair Rivenbark asked Ms. Wolf if based on the Board discussion and items presented during the public hearing, would she like to withdraw the petition or proceed with the vote. Ms. Wolf responded that she wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Hays, to approve the proposed rezoning to a (CZD) O&I district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The Board also finds approval of the rezoning request reasonable and in the public interest because the proposal allows service- oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained, with the following conditions: 1. Restricting the uses allowed within the district to allow for offices for private business and professional activities, instructional services and studios, personal services, general, and dwelling, single-family detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 6. The existing significant trees on the subject site shall be preserved. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 121. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Tourism Development Authority Chair Rivenbark reported that four vacancies exist on the New Hanover County Tourism Development Authority with two applicants eligible for reappointment and one applicant seeking an additional term. Commissioner Zapple nominated Natalie English for reappointment in the Chamber of Commerce category, Michael “Hap” Fatzinger for reappointment in the Tourist Attraction category, and Tom Ullring for reappointment in the Carolina Beach Hotel Owner/Manager category. Commissioner Barfield seconded the nominations. Hearing no further nominations, Chair Rivenbark called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Natalie English in the Chamber of Commerce category, Michael “Hap” Fatzinger in the Tourist Attraction category, and Tom Ullring in the Carolina Beach Hotel Owner/Manager category to the New Hanover County Tourism Development Authority to serve three-year terms with the terms to expire December 31, 2025. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up to speak under public comment and invited them to make remarks. Katherine Schultz, resident of Edgerton Drive, presented her opinion on what needs to be done by the Board moving forward to improve its transparency and restore its integrity. Fred Fisher, resident of Drill Shell Lane, expressed his concerns about what he felt was a high property tax rate and the effect it has on residents on a fixed income. He would like to see the funds from the hospital sale returned to the taxpayers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, DECEMBER 5, 2022 PAGE 599 ADDITIONAL AGENDA ITEMS OF BUSINESS Chair Rivenbark stated that the Board needs to provide direction to County Manager Coudriet and Chief Human Resources Officer Mark Francolini regarding proceeding with the recruitment of the next county attorney. Motion: Commissioner Hays MOVED, SECONDED by Vice-Chair Pierce to direct County Manager Coudriet and Chief Human Resources Officer Mark Francolini to move forward with the recruitment process of the next county attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A brief discussion was held about a personnel committee (committee) and the Commissioners’ involvement with the process. County Manager Coudriet stated that each Commissioner will be able to see all the applications. Only two (2) Commissioners can serve on the committee as any more than that would trigger the requirement to have a public meeting. After further discussion of which Commissioners would serve on the committee, Chair Rivenbark stated that Commissioners Barfield and Zapple would serve on the committee. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:00 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 online at www.nhcgov.com.