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2015-08-13 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 349 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, August 13, 2015, at 4:00 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairman Beth Dawson; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Teresa Elmore. Chairman Barfield called the Agenda Review meeting to order and announced that the purpose of the meeting is to review and discuss the Board’s agenda items for the August 17, 2015 Regular Meeting with discussions as noted: Consent Item 5. Sanders Settlement. Deputy County Attorney Sharon Huffman reported that a lawsuit was filed against the County and the Sheriff’s Office from an inmate about the food service. The lawsuit was tendered to the food service company at the detention center, who accepted, handled and paid $5,000.00 to settle the claim. The County did not pay any portion of the settlement, but the agreement must be entered into the record as required by statute. No other action is required. Consent Item 7. Adoption of a Resolution to Dispose of Surplus Property Specific to Fire Services and Wave Transit According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 . In response to questions on whether any of the items were useable by another department or agency, Deputy Fire Chief Cliff Robinson reported that the items were older worn out equipment, not standard issue equipment, or no longer needed. Consent Item 8. Approval to Purchase a Replacement Fire Pumper in the Amount of $594,022 from Atlantic Emergency Solutions and to Sell a 2005 E-One Fire Engine as Approved in the FY15-16 Budget. Deputy Fire Chief Cliff Robinson reported that the new truck has not been assigned to a specific fire station as an analysis would determine where it should be placed based on usage and demand. Regular Item 14. Consideration of a Resolution Recognizing Foster Norman for Thirty-Nine Years of Public Service. Vice-Chairman Dawson will present the resolution to Mr. Norman. Regular Item 15. Consideration of Prostate Cancer Awareness Month Proclamation. Chairman Barfield will read the proclamation. Regular Item 16. Consideration of National Ovarian Cancer Awareness Month Proclamation . Commissioner Zapple will read the proclamation. Regular Item 18. Presentation of Certificate of Achievement for Excellence in Financial Reporting . Chief Financial Officer Lisa Wurtzbacher was congratulated for the continued achievement in financial reporting. The County has received the recognition for 34 consecutive years. Regular Item 22. Consideration of Amendment 2 to the Interlocal Agreement between New Hanover County and the Cape Fear Public Utility Authority (CFPUA) Regarding Marquis Hills and Heritage Park Sewer Extension Projects. Assistant County Manager Tim Burgess reported that the agreement is amended to show the revised cost of the project at $17,939,428. The County’s loan amount for the project has not changed from the $15.1 million but the agreement will reflect the increased cost. The Heritage Park project should be completed in October 2015 and the Marquis Hill project is scheduled for completion in October 2016. Regular Item 23. Presentation of Plans for the Renovation of the Library Park Adjacent to the Main Library. A brief discussion was held on the design plan and the usage of the park noting that the park will be more open with the removal of a wall and the slope taken down to grade. Regular Item 24. Public Hearing: Zoning Ordinance Text Amendment (A-421, 4/15) - Request by Greg Heafner on Behalf of Oxford House, Inc. to Amend Section 23, Definitions, to Define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to Permit the Use By Right in the PD, R-20S, R- 20, R-15, R-10, R-7, AR, and RA Zoning Districts. Current Planning and Zoning Supervisor Ben Andrea gave a brief overview of the request and responded to questions. He handed out additional information from the petitioner’s attorney. Commissioner Zapple expressed concern that the text amendment would make a major change to the community by allowing group homes by right and he wanted assurance that sex offenders would not be protected under the definition for disable persons. Commissioner White requested a color-coded map for Monday’s meeting showing the number of group homes allowed under the proposed ordinance and he requested Deputy County Attorney Huffman be prepared to give a legal analysis of the court cases and to explain the County’s possible legal liability if group homes are not allowed. Commissioner White left the meeting at 4:35 for a meeting of the Cape Fear Community College Board of Trustees. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 350 Regular Item 25. Public Hearing: Rezoning Request (Z-942, 7/15) – Request by Cindee Wolf of Design Solutions on Behalf of the Krueger Family Trust, Property Owner, and Stephen Fasul, Contract Purchaser, to Rezone 3.15 Acres Located at 7755 Market Street from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, to Develop a Mini-Warehouse Use. Current Planner Brad Schuler presented a brief overview of the item and responded to questions. The Planning Board and Staff recommend approval with conditions. Regular Item 26. Public Hearing: Consideration of New Hanover County Comprehensive Plan - Chapter 3: Framing the Policy of the Comprehensive Land Use Plan. County Manager Coudriet reported that a public hearing would be held at the meeting; however, the Board would not be requested to vote on the issue until the Board’s September 14, 2015 meeting. Long-Range Planner Jennifer Rigby provided a brief overview of the process explaining the work of the Citizen Advisory and Theme Committee members, the Planning Board’s review and comments and management’s input. Staff updates: Transportation Update on Rail Feasibility Study Wilmington Councilwoman Laura Padgett reported that the Commissioners along with Wilmington City Council and the Transportation Advisory Council adopted a resolution approving a feasibility study on relocating the rail near the ports to another route over the river and north to US Highway 421 instead of a route through the City. Glenn Harbeck, Director of Planning, Development and Transportation with the City of Wilmington, has prepared a study showing a potentially exceptional opportunity for consideration. She recognized the significant assistance from John Cease with Clear Track Ahead for his expertise about the rail industry. Glenn Harbeck, Director of Planning, Development and Transportation with the City of Wilmington presented a study on Moving the Rail, Transforming Greater Wilmington - An Economic and Community Development Opportunity, a plan to relocate the rail from the center of the city and adding a trolley route, highlighting the following:  Reasons to explore the possibilities of moving the rail: 1. Regional economic development 2. Improved service to port 3. Accommodating future growth without gridlock 4. Transforming Wilmington and Southeastern North Carolina 5. Using taxpayer dollars most effectively  Reasons why old train route no longer relevant:  Path of the rail line forms a large “V” in the center of the city  At one time the line wrapped around the city limits  Freight trains in the heart of Wilmington  32 street crossings with more than 180,000 vehicle crossings per day  A Good Challenge - Port Business Up:  Port bulk tonnage to increase by 15% by 2020  Break-bulk tonnage to increase by over 100% by 2020  Wood pellet export facility to add three trains per week  Vertex to ship 4,000 to 5,000 rail cars annually  Improving our regional economy  A Not So Good Challenge - Community Impacts:  Safety issues, derailments, liability  Horn blasts at 30+ crossings  Trains sound off during sleeping hours  Quiet zones not feasible – costs of more than $250,000 per crossing  A Costly Challenge Rail-Driven Road Design for Independence Boulevard Extension:  Road must be elevated as it crosses the rail twice  Doubling the cost to taxpayers: $75 million increases to $150 million  City Council supports the need but not the impact of the elevated design  Implementation of Market Street diet is also tied to the Extension  Another Challenge - The “Last Mile:”  Least efficient portion of rail shipment  Up to 28% of total cost to move goods  Track conflicts with and adds to urban congestion  After rail is moved - add trolley to old rail route  Benefit for freight rail:  Reduced liability/crossing conflicts  No costly crossing maintenance  Direct access to Port of Wilmington  Eliminates “last mile” problem  New tracks handle heavy hopper cars and double stack trains  No human settlements anywhere near the proposed track and complaints would stop  Benefits for Regional Economic Development:  Wilmington Port more competitive nationally  Growth in port volumes more easily accommodated NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 351  Adds direct rail service to U.S. Highway 421, leveraging water and sewer investments  Benefits for Community Development:  Southside commercial and residential development  No more freight trains and horns through the heart of the urban area  Shift to rail from trucks saves road infrastructure  Reduces truck traffic in or near neighborhoods  Trolley service allows for affordable, accessible housing  Benefits for Downtown Investment vs Parking Lots and Decks:  10,000+ employees downtown and growing  7,500 CFCC students and growing  5,000 visitors, conventioneers and growing  1,000’s of new housing units and residents coming  Several new hotels, many restaurants, retail returning  New Performing Arts Center  Major events at new park  The Flip Side - Who would ride the trolley:  10,000 housing units and 20,000 persons within ¼ mile of the proposed trolley line today  Who would ride the trolley: bankers, maids, lawyers, waiters, students, business owners, concert goers and those who would not ride a bus  Benefits for Regional Transportation:  No more rail traffic tie ups  10+ mile parallel greenway  Well located trolley line  Passenger rail compatibility  Future commuter service to Brunswick County - Leland and Belville  Independence Boulevard and Market Street road diet made feasible  20,000+ employees, students, visitors could go downtown without cars  Rail-related Use of Taxpayers’ dollars:  Love Grove Second Access - already committed $6,000,000  Down payment on street closings and “improvements” $8,000,000 or more  Independence Boulevard Extension (elevated) $75,000,000 more  Quiet Zones at $250,000+ per crossing (millions)  Perpetual maintenance of dozens of street/rail crossing  Governor’s 25-year Vision - “Expand mass transit options in high growth areas, including rail”  Those with reasons to support:  US Department of Defense - Secure, rapid response deployment  NC General Assembly - Statewide economic development  Governor of NC - Implementation of Transportation Vision  NC State Ports - Competiveness and revenues  NC Rail Division - Improved rail access plan to Port  CSX/Wilmington Terminal Rail - Less liability, lower cost, greater profits  Emerging Industries - Efficient transportation services  Federal Transit Administration - Pilot/demonstration project  Wilmington and NHC Economic Development – Develop tax base and infrastructure  Brunswick, Leland, and Belville - Congestion relief to bridge  Neighborhoods - Quality of Life/Trolley Service  Housing Advocates - Greater buying power from transportation savings  Environmental Advocates - Air and water quality benefits  The Plan is to relocate the rail, insert the trolley using the same gauge rail, and keep Wilmington moving. Director Harbeck responded to questions explaining that the feasibility study would provide the cost figures for the project and that lift bridges could be used for crossing the river. Councilwoman Padgett reported that they have talked with NCDOT in Raleigh and they have looked favorably on the project. Chairman Barfield thanked Councilwoman Padgett and Director Harbeck for the report. Presentation on the Cape Fear Transportation 2040 Plan Wilmington Transportation Planner Suraiya Rashid updated the Commissioners on the Cape Fear Transportation 2040 Plan, highlighting the following:  Federal Government created Metropolitan Planning Organizations to develop regional transportation planning for urbanized areas  Metropolitan Transportation Plan Requirements:  Multi-modal transportation needs analysis  Demographics, land use and travel patterns  Public involvement (4,000+ survey responses)  Plan must cover 20 year minimum – plan covers 25 years NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 352  Fiscal constraint – based on estimated funding projections  Basis for State Improvement Plan  Current Update due December 2015  Metropolitan Planning Organizations (MPO) and the Citizens Advisory Committee have been working for two and half years  Elements of Plan Structure:  Executive Summary  Introduction  Greater Wilmington Area Profile  Public Involvement  Financial Analysis  Mode-Specific, Travel Demand Model, and Transportation Systems Management Elements  Environmental Analysis  Appendices  Modes Analyzed:  Aviation:  Largely dependent on ILM Airport  WMPO role to help coordinate state match through state funding mechanisms  Connections with other modes as well  Bicycle and Pedestrian:  Subcommittee composition: WMPO BikePed Committee, area bicycle/pedestrian experts and representatives from the disabled community  Biking and walking as fundamental to other modes  Huge community support in survey and in local long-range planning efforts for comprehensive planning efforts  Ferry and Water Transportation:  Worked with state and local officials on existing ferry routes  Shows unbudgeted ferry routes that could benefit the community  Freight/Rail:  Subcommittee Composition: NC Port of Wilmington, CSX, WTRY, local economic development organizations  Smaller steady source of freight dollars in the form of one-time surges/opportunities  Essential for region’s economic competitiveness with seaport, airport and military bases  Element covers Truck and Rail projects and policies  Mass Transportation:  Subcommittee Composition: WAVE Transit, Brunswick Transit, PAS-Tran, Wilmington Housing Authority, UNCW  Focused on capital improvements  Increase ridership by enticing choice riders, boost service for overall system  Amenity improvements (shelters, benches, trash cans)  Access improvements (pedestrian networks, crosswalks)  Roadways:  Subcommittee Composition: NCDOT, City of Wilmington Traffic Engineers, local land use experts (NHC Planning Director, Pender Planning Director, Leland Town Manager)  Accommodate additional capacity needed to meet socioeconomic trends, growth of people and goods movement  Upgrades/balance to service an increasingly diverse population of transportation users to include cyclists, pedestrians, trucks – with different needs and interactions  Contains relatively few widening, mostly new location - increase choices for all roadway users  Includes Travel Demand Management and Transportation Systems Management  Environmental Analysis  Adoption and Implementation – 2015 Schedule:  Final Steps:  Jurisdictional adoption  Final adoption anticipated December 9, 2015  Implementation of the Plan:  Funding through State Transportation Improvement Plan  Development review process  Fiscal Constraint Requirement:  Element details funding assumptions for expected funds available to our region per mode  Alternative funding mechanisms - expected revenue generation Ms. Rashid said that she would provide staff and the Commissioners information on the anticipated fiscal constraints estimating $1.9 billion from NCDOT for 2015 – 2030. Chairman Barfield thanked Ms. Rashid for the update and congratulated her on her promotion to Senior Transportation Planner. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 353 Request for Grant Funding for the Heritage Park Water and Sewer Project Planning and Inspections Director Chris O’Keefe reported that the County has an opportunity to apply for Community Development Block Grant (CDBG) funding through the NC Department of Environment and Natural Resourcesfor thewater and sewer connection project in the Heritage Park area. If awarded, the grant would be used to offset some of the $6,500 cost for the homeowners. Staff will proceed immediately with a preliminary survey to determine the percentage that meet the income level through a mail out and a community meeting. If 51% or more of the residents/owners meet the low and moderate income levels and at least 75% respond, then the grant application would be prepared. If the neighborhood is eligible, the grant application would be placed on the September 14, 2015 agenda for the Board’s consideration. The grant application will need to be submitted no later than September 30, 2015. The Commissioners were very appreciative of staff finding the grant opportunity for the residents and urged staff to move quickly to meet the deadline. Change in Location of Board Meetings County Manager Coudriet announced that the Regular Board Meetings will be held at the Government Center for the next three meetings while electronic equipment is being replaced at the downtown meeting room. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 5:35 p.m. Respectfully submitted, Teresa P. Elmore Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting.