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2006-07-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 627 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 10, 2006, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. 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 Bruce T. Shell; 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 Pastor Ron McGee, from the ROCK of Wilmington, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. PRESENTATION OF DISTRIBUTION OF AVAILABLE ABC REVENUE W. R. Williams, Administrator of the Alcoholic Beverage Control Board, reported on the revenue saved by the ABC Board from rebuilding on an existing site and presented a check in the amount of $603,770 to New Hanover County. Each of the municipalities will also be receiving a portion of the revenue. On behalf of the Board, Chairman Greer accepted the check and expressed appreciation to Mr. Williams and the ABC Board. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda. Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting and the Closed Session Meeting held on June 19,2006, as presented by the Clerk to the Board. Certification of North Carolina Public Schools Facility Needs Survey The Commissioners certified the New Hanover County Schools Facility Needs Survey. In accordance with NC General Statute 115C-521, New Hanover County Schools is required to submit a survey of facility needs to the State Board of Education every five years. The survey has been approved by the Board of Education. The survey estimates $310,508,599 will be needed to accommodate projected enrollments of28,780 through the 2014-15 school year. Approval to Elect Standard County Status for Work First Program - Department of Social Services The Commissioners approved the request by the Department of Social Services to submit a Standard County Work First Plan for the Federal Fiscal years 2007-2009 and approved the 2005-2007 Planning Committee members to develop the plan for 2007-2009. The current Planning Committee members will continue to serve. Approval of Request to Change Fee Policy - Health Department The Commissioners approved changes to the New Hanover County Health Department fee policy to comply with State requirements. The revisions include accepting patient declaration of income for family planning patients in the Women's Health Program, four new laboratory service codes and a change in language for a sliding fee scale application for limited physicals. There will be no significant change to revenues or expenditures as a result of these changes. Authorization to Submit a Grant Application to the Cape Fear Memorial Foundation for the Child Service Coordination Program - Health Department The Commissioners authorized the Health Department to submit a grant application to the Cape Fear Memorial Foundation for the Child Service Coordination Program in the amount of $260,000 over a three year period. If awarded, the funds will be used to fund a full-time Licensed Clinical Social Worker for three years (salary/fringe/operating and administrative support) in the Child Service Coordination Program. No County match is required. Approval of Budget Amendment The Commissioners approved the following budget amendment: Budget Amendment Number: 2006-120 Department: HUD DR! Capital Proiect NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 628 BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the HUD Disaster Recovery Initiative Capital Project ordinance: Section 1. To Amend the HUD Disaster Recovery Initiative Capital Project Fund, the appropriations are to be changed as follows: Expenditure HUD DR! Capital Project Transfer to Enterprise Fund (800) Capital Project Expense Decrease Increase $155,904 $ 15,649 Revenue HUD DR! Capital Project Sales Tax Refund Interest on Investments Decrease Increase $ 15,957 $124,298 Explanation: For accounting purposes only; to close fund 380 - HUD Disaster Recovery. REGULAR AGENDA PUBLIC HEARING TO CONSIDER A REQUEST BY THE NEW HANOVER COUNTY WATER DEVELOPMENT TASK FORCE TO AMEND THE SUBDIVISION REGULATIONS TO REQUIRE THE INSTALLATION OF WATER DISTRIBUTION SYSTEMS TO ALL NEW SUBDIVISIONS (A-351, 06/06) Chairman Greer opened the Public Hearing and requested Planning Director Chris O'Keefe make the Staff presentation. Planning Director Chris O'Keefe reported that the New Hanover County Water Development Task Force recommends that all new subdivisions be required to install a water distribution system. The water systems will be required to be built in accordance with the provisions of Chapter 56, EP A/DEM requirements, New Hanover County Water Development Task Force performance criteria policies and specifications and adopted by the County Engineer and County Fire Marshal. The purpose of this recommendation is to insure adequate water supply to maintain public safety in case of fire. The change would require developers to install dry water distribution systems during the development of new subdivisions, similar to the existing requirement for dry sewer systems to be installed. This requirement would minimize future disruptions to subdivisions to construct future water systems and insure adequate water to maintain public safety in case of fire. The text amendment to Section 52-3(1): Water Supply is proposed to read as follows: All subdivisions shall be connected to the water system of the applicable local governmental entity in order to provide water to every lot within the subdivision. Mains shall be constructed in accordance with established standards and policies. Water connections shall be constructed under the supervision and approval of the appropriate governing body. If a connection cannot be made to the local governmental entity's water system, the subdivider shall submit to the appropriate governing body along with the Preliminary Plat a letter of approval of water supply signed by the appropriate authority. The subdivider shall install these facilities in accordance with the approved plans. Water distribution systems shall be installed in all new subdivisions. The Planning Board, at their regular meeting on June 1, 2006, voted unanimously to approve the text amendment. No public comment was received. Chairman Greer asked if anyone from the public wished to make comments. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve a text amendment to Section 52-3(1): Water Supply of the Subdivision Ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended section of the New Hanover County Subdivision Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 6.1. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT REQUEST BY STAFF TO ADD BARBER/BEAUTY SHOP AS APERMITED USE IN THE 1-1 INDUSTRIAL DISTRICT (A-353) Chairman Greer opened the Public Hearing and requested Planning Director Chris O'Keefe make the Staff presentation. Planning Director Chris 0 'Keefe reported that Staff is requesting that Section 50-4 Table of Permitted Uses be amended to include barber/beauty shops in the I-I Industrial District. The stated purpose of the I-I Industrial District is to provide areas for industrial type uses that do not create an excessive amount of noise, odor, smoke, dust, air-borne debris or other objectionable characteristics which might be detrimental to surrounding areas. The proposed addition of barber/beauty shops will not create any of those characteristics listed as objectionable. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 629 scope of uses currently permitted in the I-I Industrial District includes certain service uses typically associated with business districts, such as business services, including printing, dry cleaners, electrical repair shops and watch and jewelry repair. Adding barber/beauty shops would appear consistent with existing inclusion of a limited variety of service-type businesses in the I-I Industrial District. The 2006 CAMA Plan Update supports the idea of incorporating light industrial into mixed use area as well as placing commercial uses within close proximity to the markets they serve. The Planning Board, at their regular meeting on June 1, 2006, voted unanimously to adopt the proposed changes. No public comment was received. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve a text amendment to Section 50-4: Table of Permitted Uses of the Zoning Ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended section of the New Hanover County Zoning Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 6.2. PUBLIC HEARING TO CONSIDER A REQUEST BY LONG LEAF WOOD PRODUCTS FOR A SPECIAL USE PERMIT TO EXPAND AN EXISTING DEBRIS RECYCLING FACILITY IN AN AI AIRPORT INDUSTRIAL DISTRICT LOCATED AT 2829 NORTH KERR AVENUE (S-560, 06/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Sam Burgess Jane Daughtridge Brian Hutchinson Senior Planner Jane Daughtridge reported that Long Leaf Wood Products is requesting a modification to Special Use Permit S-487 to expand an existing debris recycling facility in an AI Airport Industrial District located at 2829 North Kerr Avenue. Specifically, the request is to remove the 6,000 cubic yards per quarter limitation. At the Planning Board's meeting they voted unanimously to recommend approval. Two adjacent neighbors expressed concerns about traffic on the private access easement and maintenance of the easement. The easement is not owned by the applicant. The Board encouraged all parties to work cooperatively to maintain the access easement. The Planning Board placed the following conditions on the permit. 1. Petitioner must secure all necessary permits from NCDENR and remain in compliance with all applicable rules relating to the State permit. 2. Petitioner should make application to the Division of Waste Management for necessary permits within sixty days of issuance of this Special Use Permit modification. 3. A copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the State. 4. The new order removes Finding 2(C) of the original S-487 order granting a Special Use Permit. All other standards noted in the order granting S-487 remain in effect. Chairman Greer asked if the Petitioner would like to speak on the request. The Petitioner, Brian Hutchinson, reported on the increase in debris collection from the storms stating that as a rule the debris is recycled within thirty days. The State has stringent regulations concerning how long debris can remain on the site and monitors it regularly. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing. Senior Planner Daughtridge read the following findings of facts into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Vegetative recycling operations exceeding 6,000 cubic yards of material per quarter require a Waste Management Permit from the State of North Carolina to assure compliance with State rules. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 630 B. The property accesses N. Kerr Avenue via a 60 foot wide private access easement. C. Fire Service is available from the Wrightsboro VFD. D. The property is not located in a flood hazard area. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The operation is prohibited from emitting smoke, dust, or creating glare or other visual hazards in the AI zoning district. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The facility and its appurtenant uses must satisfy the requirements of Article VI, Section 9.13-1(3) 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Other industrial uses are in the area. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that 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. A. The 2006 Land Use Plan Update identifies this area as Transition. B. Policies in the Comprehensive Plan support location of industrial uses outside of environmentally sensitive areas. C. The property is zoned AI Airport Industrial. After brief discussion, Chairman Greer clarified with Mr. Hutchinson that he agrees with the findings of facts as presented and is agreeable to adding the verbiage prohibiting vibrations to the Findings of Facts 2 A as was in the original Special Use Permit. Chairman Greer requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Long Leaf Wood Products located at 2829 North Kerr Avenue based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) the Petitioner must secure all necessary permits from NCDENR and remain in compliance with all applicable rules relating to the State permit; 2) the Petitioner should make application to the Division of Waste Management for necessary permits within 60 days of issuance of this Special Use Permit modification; 3) a copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the State; and 4) the new order removes Finding 2(C) of the original S-487 order granting a Special Use Permit. All other standards noted in the order granting S- 487 remain in effect. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 7.1. PUBLIC HEARING TO CONSIDER A REQUEST BY DOLAN LITTLE ON BEHALF OF CAPE FEAR RIVER BOATS FOR A SPECIAL USE PERMIT TO OPERATE A COMMERCIAL MARINA WITH FLOATING STRUCTURES IN B-2 HIGHWAY BUSINESS DISTRICT IN THE CAPE FEAR RIVER ADJACENT TO 106 AND 108 SOUTH WATER STREET (S-561, 06/06) Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Chris O'Keefe Sam Burgess Jane Daughtridge Carl Marshburn Planning Director Chris O'Keefe reported that Capital Dolan Little, on behalf of Cape Fear River Boats, is requesting a Special Use Permit to operate a commercial marina with floating structures in a B-2 Highway Business District in the Cape Fear River adjacent to 106 and 108 South Water Street. At the Planning Board's meeting they voted 4 to 2 to approve the Special Use Permit. At the hearing, one adjacent neighbor, representing the residents and business owners of 18 South Water Street, expressed concerns NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 631 relating to alcohol in open space, noise, the intended uses of the Riverwalk and the barge's ability to withstand hurricanes. The Planning Board recommended the following conditions: 1. Floating structures should be limited to two. 2. All activities conducted on floating structures are subject to the County's noise ordinance. The following findings of facts were read into the record: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The existing operation has two floating structures by County definition; a floating barge used as a waiting area, more or less permanently attached to pilings, and the riverboat, Henrietta 111. B. Fire service is provided by the City of Wilmington. C. Water and sewer is provided by the City of Wilmington. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Water dependent uses are permitted by right in the City of Wilmington Ordinance in the Historic District. B. Off-street parking requirements are met within the Petitioner's property located in the City of Wilmington jurisdiction. The County's parking requirement is two spaces per floating structure to be provided on shore. C. Only the water area is within the County's zoning jurisdiction. A minimum of 2,000 square feet of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. The applicant's on-shore property is reported as 8,580 square feet. D. Floating structures shall not be located within fifteen feet of the waterward extension of all adjacent property lines. E. Each floating structure shall be provided with permanent water and sewer systems, and other standards as specified in 72-31.5. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The Wilmington waterfront allows water dependent uses such as the riverboat operation along the Riverwalk. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that 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. A. The 2006 Joint CAMA Plan Update only applies the classification system to land areas. This area is water. B. Policies in the Plan support commercial uses" . . . within close proximity to the markets they serve. . . " C. The riverboat operation is part of the City of Wilmington's Historic Urban Waterfront concept, approved through permit number 149-98 by the Division of Coastal Management. Chairman Greer asked if the Petitioner would like to speak on the request. Carl Marshburn, on behalf of Cape Fear Riverboats, stated that he agreed with the findings of facts and requested the Board approve the request. Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no one, Chairman Greer closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to grant a Special Use Permit to Captain Dolan Little, on behalf of Cape Fear River Boats, based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) floating structures should be limited to two; and 2) all activities conducted on floating structures are subject to the County's Noise Ordinance. Upon vote, the MOTION CARRIED UNANINOUSL Y. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV, Page 7.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 632 ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF OWLS LANE AND RED HAWK ROAD NEAR THE 5600 BLOCK OF BAVARIAN LANE IN THE MURRA YVILLE AREA (SC-82, 06/06) Chairman Greer reported that Northside Baptist Church is requesting to close a portion of Owls Lane and Red Hawk Road. In accordance with N.C.G.S. 153A-241, a Resolution of Intent to close a road or easement must be adopted prior to scheduling a public hearing. If the Resolutions of Intent are adopted by the Board, a public hearing will be held on Monday, August 14, 2006 at 2:00 p.m. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to adopt the Resolutions of Intent considering closing portions of Owls Lane and Red Hawk Road to public use and that a public hearing will be held on August 14,2006 at 2:00 p.rn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXX, Page 6.3. AWARD OF BID AND CONTRACT TO GREGORY POOLE FOR THE PURCHASE OF A LANDFILL COMPACTOR AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT Environmental Manager Ray Church reported that a Request for Bids was published in the Star News on May 26, 2006, for the purchase of one landfill compactor of four wheel design. On Monday, June 5, 2006, bids were opened and read aloud with the following results: AI-Jon Manufacturing, LLC -NO BID Road Machinery - $435,135 Gregory Poole - $712,000 All bidders were required to submit the machine's specifications and warranty so that the County could verify that the equipment met or exceeded the specifications detailed in the bid package. The bidders were also required to list all exceptions as an attachment to their bid proposal. The only bidder to provide all the information as requested in the bid package was Gregory Poole for a Caterpillar 826 H Landfill Compactor. Staff is requesting the Board adopt the resolution awarding Bid #06-0092 and Contract #06-0092 to Gregory Poole in the amount of $712,000, authorize the County Manager to execute the contract and approve the associated budget amendment #07 -001. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution awarding Bid #06-0092 and Contract #06-0092 to Gregory Poole in the amount of $712,000, authorize the County Manager to execute the contract, and approve the associated budget amendment #07-001. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment Number: 07-001 Department: Environmental Management-Landfill BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Environmental Management Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Environmental Management -Landfill Capital Outlay Equipment Decrease Increase $712,000 Revenue Environmental Management -Landfill Installment Loan Proceeds Decrease Increase $712,000 Explanation: To budget installment loan proceeds for compactor. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 6.4. APPOINTMENT OF A VOTING DELEGATE FOR THE NATIONAL ASSOCIATION OF COUNTIES 2006 ANNUAL CONFERENCE Chairman Greer reported that the Commissioners have been requested to appoint a voting delegate for the National Association of Counties Annual Conference to be held on August 4-8, 2006, in Chicago, Illinois and requested nominations from the Board. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to nominate William A. Kopp Jr. as the New Hanover County voting delegate for the National Association of Counties 2006 Annual Conference to be held on August 4-8, 2006 in Chicago, Illinois. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JULY 10,2006 BOOK 30 PAGE 633 APPOINTMENT OF A VOTING DELEGATE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 2006 ANNUAL CONFERENCE Chairman Greer reported that the Commissioners have been requested to appoint a voting delegate for the North Carolina Association of County Commissioners Annual Conference to be held on September 7-10, 2006 in Forsyth County, North Carolina and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to nominate Robert G. Greer as the New Hanover County voting delegate for the North Carolina Association of County Commissioners Annual Conference to be held on September 7-10, 2006 in Forsyth County, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6:33 p.rn. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 7:00 p.rn. 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. ADJOURNMENT Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. There being no further business, Chairman Greer adjourned the meeting at 7:00 p.rn. Respectfully submitted, Sheila L. Schult Clerk to the Board