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2016-06-02 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, JUNE 2, 2016 PAGE 552 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, June 2, 2016 at 4:04 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Skip Watkins; and Commissioner Rob Zapple. Commissioner Woody White was absent. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Deputy Clerk to the Board Kymberleigh G. Crowell. Chairman Dawson called the Agenda Review meeting to order, announced that the purpose of the meeting is to review and discuss the Board’s agenda items for the June 6, 2016 Regular Meeting and introduced to the group Ebony Williams, Administrative Specialist in the County Commissioners office. She then asked if anyone wanted to discuss any item on the June 6, 2016 agenda with discussions as noted: Consent Item 6. Approval to Amend Fee Schedule to Increase Contract Deputy Fee/Pay from $30 Per Hour (with a four hour minimum) to $36 Per Hour (with a four hour minimum). Chairman Dawson explained how this matter was brought to her attention and provided a brief overview. Various companies in the community hire off- duty Sheriff Deputies to fill specialty security needs and traffic control. The fee has not changed in several years and the increase is supported by groups such as the film industry. Regular Item 7. Consideration of a Resolution Authorizing the Disinterment, Removal, and Reinterment of Graves Located at Mt. Ararat and Bella Highsmith Cemeteries. Vice-Chairman Barfield asked that this matter be pulled from the agenda as he was not in agreement with the thirty-one graves being moved and will not vote in favor of the item. He reported he has been in continual communication with NCDOT about this matter to no avail; his grandparents are buried in the cemetery, but would not be moved as part of the project; several family members have told him they do not want the graves moved. He stated that NCDOT has only worked with the Mt. Ararat AME Church and not the families who are not church members but have family members buried in the cemetery. County Manager Coudriet reported that by statute NCDOT is required to provide notice to the County that it has made a determination that graves need to be moved. NCDOT is not asking for an endorsement; rather, it is asking for the County to acknowledge receipt of notice and appoint a representative. The Board is not required to adopt a resolution endorsing or rejecting the project but by statute the County needs to appoint a County staff person as its representative. In response to questions, Deputy County Attorney Kemp Burpeau stated the last time an appointment was made was forty years ago and it is County practice that the Engineering Department be appointed to oversee that work. The site is a historic cemetery that predates the church and 10 of the 31 graves to be moved are unmarked. He explained the process noting the graves would be moved to another area within the cemetery. In response to questions, NCDOT Right-of-Way Agent Max Radford stated he is not aware of any discussion at NCDOT to change the road path. The church and cemetery have been paid for the right-of-way easements as part of the widening of Military Cutoff Extension. He stated he would be honored to meet with Vice-Chairman Barfield and anyone from the community to discuss their concerns and explain the process. It was not intentional to single out the historic cemetery. NCDOT hired a land surveyor to verify the number of graves in the entire cemetery using ground penetrating radar and it was determined that thirty-one graves are in the right-of-way. Notification of the project has been given to the family members that have been reachable; the church records contain very little information; and further attempts will be made via notification via newspapers and mail to contact additional family members. He also explained how the area would be protected during the process. It is expected the graves will be moved in the summer and to his knowledge there is no way to avoid moving the graves. After a brief discussion, the general consensus of the Board was to remove Regular Agenda Item #7 from the th June 6, 2016 agenda and direct staff to present a resolution for consideration during the July 11 meeting for only the appointment of the Engineering Department as the County’s representative in these type matters. Regular Item 8. Consideration of a Resolution Authorizing Reallocation of the County’s Qualified Energy Conservation Bond Allocation to the State of North Carolina. Chief Financial Officer Lisa Wurtzbacher reported that the County has unused funds from the Qualified Energy Conservation Bond (QECB) allocation and there are no known County projects that can use the funds. The NC Biotechnology Center Southeastern Center and Southeast Partnership are in support of the funds being transferred back to the State to be put towards the Optima KV project in Duplin County. The project is to help swine farms convert solid waste to energy. In response to questions, Gus Simmons with Cavanaugh and Associates, reported that his engineering firm is involved with the Optima KV project. He explained that Duplin County fell below the population criteria to receive this funding. If the Board approves the request, the State would use the funds for this project to reduce the debt service cost and there are no administrative fees taken off the top. Regular Item 11. Public Hearing. Rezoning Request (Z-952, 4/16) – Request by Wilmington Builders, Applicant, on Behalf of the Property Owners, Noelle Holdings, LLC and The Stokley Family Trust, to Rezone 0.45 Acres Located at 2 Silva Terra Drive from R-15, Residential District, to (CZD) O&I, Conditional Office and Institutional District, in Order to Develop an Office Building. In response to the Board’s request, Planning and Inspections Director Chris O’Keefe will work with staff to provide the variance details for this request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, JUNE 2, 2016 PAGE 553 Staff Updates Planning and Inspections Director Chris O’Keefe reported that he had three updates as follows: Comprehensive Plan. Director O’Keefe reported that the first complete Comprehensive Plan would be presented to the Planning Board at its meeting tonight. Chapters 1 – 4 have been validated by the Commissioners and Planning Board. Chapter 5 is new but the Planning Board has seen via three work sessions. It aligns with the County’s strategic plan and budget process. The Planning Board is being asked to adopt the plan in its entirety with the maps included with one exception, the aquifer map. To support staff’s recommendation to keep the maps in the plan, staff wanted verification of prior work, particularly with the wetland and aquifer maps. Staff contacted Matt Wilson, the State Groundwater Management Branch Chief, for the verification. Mr. Wilson was provided information disbursed by Business Alliance for a Sound Economy (BASE), US Geological Survey information and other information to review for the verification. He provided a detailed response that was a reversal of his prior response to staff. Previously, he told staff that it was using the best map for showing the suitability of recharge areas for the aquifer. His updated detailed response to staff is that due to changes in technology from original study and what was available now, staff needs to complete an updated study of the aquifers and try to recreate the map. Staff is recommending that the aquifer map be removed from the plan. He further reported that the maps have always been represented to inform the process not regulate and map references have been removed in an effort to provide such clarification. Unified Development Ordinance. Director O’Keefe thanked the Board for allocating funding to obtain services to create a new Unified Development Ordinance (UDO). A Request for Proposals (RFP) has been developed and Planning Manager Ken Vafier has been managing the project. As a result of concerns voiced about the need to use similar language as used by the City of Wilmington in its ordinance, staff held discussions with City staff and the City’s consultant, LSL Consulting, about doing the same type work for the County. As a result, a proposed contract has been created for LSL Consulting to work on the UDO with staff guiding the work. The project should take 18-24 months with the final step being the presentation to the Commissioners for consideration and adoption. There are requirements in the RFP to have stakeholder involvement, periodic updates provided to the Commissioners and Planning Board, at least two joint meetings with said boards, and at least one joint meeting with City Council. In response to questions, Director O’Keefe stated that how the manufacturing industry is considered by the County will be addressed in the new ordinance. Bridge Gap Text Amendment. Director O’Keefe reported that after the Planning Board considers the Comprehensive Plan and staff receives a recommendation it will then be submitted for the Commissioners’ th consideration and approval on July 11. Once approved, the existing CAMA Land Use Plan is no longer in effect. The current zoning ordinance refers to the CAMA Land Use Plan fifteen times and there is a need for staff to redefine those references. Staff is working on a bridge ordinance to address the issue. A new future Land Use Map will be part of the new policies that the Commissioners will adopt for the Comprehensive Plan. Once approved the bridge ordinance will be in place for 18-24 months and is an effort to insert the new policies into the old ordinance for this period of time. It was noted there is a public hearing requirement for ordinance amendments and unless the Board directs otherwise it will not be presented until August. In response to questions, Director O’Keefe confirmed that once the CAMA Land Use Plan becomes extinct the Municipal Service District (MSD) verbiage will be removed. Shallow Draft Inlet Fund Grant Request, Carolina Beach Inlet, Inshore Dredge Material Management Site. Shore Protection Coordinator Layton Bedsole reported that Consent Item #3 for Board consideration is a request for approval to submit a grant application to the Shallow Draft Inlet Fund for funds to cover the permitting costs for modification to the Carolina Beach Inlet maintenance dredging permit. The total permitting effort will cost approximately $31,000; $21,000 would be paid by the Fund and $10,000 by the County via the room occupancy tax (ROT) funds. This modification will improve management of sand removal from the inlet, allow the County to put the sand in an existing engineered borrow site and take sand out every 3 years to put on Carolina Beach. ADJOURNMENT Chairman Dawson thanked staff for the updates and encouraged the Board members to provide staff with any additional suggestions they may have for the FY 2017 Budget as soon as possible. There being no further business, Chairman Dawson adjourned the meeting at 5:19 p.m. Respectfully submitted, Kymberleigh G. Crowell Deputy Clerk to the Board Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.