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2016-09-01 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, SEPTEMBER 1, 2016 PAGE 599 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, September 1, 2016 at 4:02 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; Commissioner Woody White; and Commissioner Rob Zapple. 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 September 6, 2016 Regular Meeting with discussions as noted: Consent Item 3.Adoption of a Resolution Naming County Public Library Facilities. In response to questions, th Library Director Harry Tuchmayer explained that on October 29 the Haunted Library event will take place at the main library. There is a 2PM – 5PM session for children under the age of 10. The haunted basement portion will begin at 6PM and is not appropriate for children under the age of 10. Consent Item 4. Adoption of a Resolution Approving the Sole Source Award of Contract for the Upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the Amount of $1,727,023. In response to questions, Emergency Management/911 Director Warren Lee stated that no additional costs are anticipated with the upgrade. There is an option for a software subscription agreement that may be looked at in the next budget year. There is no agreement beyond the upgrade of the system itself. In response to questions about funding, Chief Strategy and Budget Officer Beth Schrader stated that funding for this project is included in the Adopted FY16-17 CIP Budget ($1,272,823) and Emergency Telephone System Fund - Article 3 Budget ($454,200). Consent Item 6. Adoption of a Resolution to Approve the Sole-Source Purchase of Patented Posi-Shell Supplies from LSC Environmental. In response to questions about posi-shell, Environmental Management Director Joe Suleyman explained that pozzolanic mineral is mined from volcanic rock and is an inert naturally occurring substance. When hydrated, it has the strength and characteristics ten times of that of portland cement. This unique blend is not available anywhere else. No concerns and no impacts have been seen, operations or otherwise, by using this product. The product is only applied when the team is going back to the same site the next day. Federal and State regulations require that six inches of soil cover or an approved alternative is placed over the waste each day. Posi-shell is an approved alternative, can be applied at quarter-inch thickness versus six inches so it allows for large savings of landfill airspace over the life of the site. NHC Landfill uses patented equipment and material to produce daily cover material for the landfill cells that very effectively reduces the air space utilized for cover material while providing a highly effective material to prevent wind-blown litter, reduce odors and control vectors as per permit requirements. In response to questions about the contract renewal, Director Suleyman explained that the consumables supplies contract is an annual renewal and costs approximately $120,000 a year for all materials. The equipment contract is up for renewal every three years and includes a complete refurbishment of the equipment. This agenda item is strictly for the consumables. In regards to sand utilization, it is used but is a finite resource onsite. At the current use rates, approximately four years are left onsite. In the future, the Landfill may have to import sand and/or soil. Tropical Storm/Hurricane Hermine Update. At the request of Chairman Dawson, Emergency Management Director Warren Lee and Emergency Management Manager Steven Still provided a brief update. Shortly after 3PM, Hermine became a hurricane with maximum sustained winds at 74 mph. Our area is under a hurricane warning and flash flood warning. The area should see effects around Friday evening during the evening commute. There will be some rain and wind during daytime hours but no increase is expected until around 8PM. At this time, Emergency Management staff is in monitoring status and have no plans to open shelters and EOC. There will be sustained winds but the makeup of Hermine changes with each briefing. Regular Item 9. Consideration of the Constitution Week Proclamation for the Daughters of American Revolution - Stamp Defiance Chapter. Chairman Dawson will read the proclamation into the record. Regular Item 10. Consideration of WHQR Day Proclamation. Commissioner Rob Zapple will read the proclamation into the record. Regular Item 11. Consideration of 2016 Literacy Awareness Month and International Literacy Day Proclamation. Vice-Chairman Barfield will read the proclamation into the record. Regular Item 12. Groundwater Audit Presentation. County Manager Chris Coudriet stated that the recommendation for this item is split in that there will be an ask to expand the number of well sites but to defer any future action until after the September 15, 2016 agenda review. Strategy and Policy Coordinator Jennifer Rigby and County Engineer Jim Iannucci have arranged for USGS staff to present two proposals during that agenda review. He then asked Coordinator Rigby to provide a brief overview. Coordinator Rigby reported that as directed by the Board at their July 11, 2016 meeting, County Engineer Iannucci and she met with officials from USGS, NC DENR Division of Water Resources Staff, and Cape Fear Public Utility Authority (CFPUA) to understand recent and current groundwater studies that are underway or completed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, SEPTEMBER 1, 2016 PAGE 600 Staff has identified three studies as listed in the agenda packet and detailed information will be provided on Tuesday. The State would like the County to provide some additional well sites that would be on public/county property, which would supplement the State’s water study. Staff's analysis of the existing and current groundwater studies concludes that there is sufficient information currently being collected regarding water quantity; however, there is a lack of information regarding water quality. USGS has identified an opportunity for us to gather more information on the quality. In response to questions, Coordinator Rigby confirmed that the referenced wells are test wells. The State’s study is currently in development and analysis is being conducted on who is using water and how much they are using. The study is due to be released in November and that will provide County staff more information once it becomes available. Staff did take advantage of the notes CFPUA passed up to the study being done by the State and the CFPUA has been a part of this audit. She will provide the notes to the Board prior to the meeting on Tuesday. th A brief discussion was held about what Staff will need after the September 15 presentation. Some Commissioners stated that if Staff is asking for direction and guidance then the presentation should be held at a regular meeting rather than agenda review. County Manager Coudriet explained that Staff will not expect direction from the Board during agenda review. This is an informational presentation and Staff does want the Board to use the agenda review as an opportunity to hear the information. Staff feels it is important to introduce the topics that will be heard during the regular meeting. They do not want to proceed down a path of asking USGS to do more work if it’s not something the Board understands nor heard about. Regular Item 13. Consideration of the 2017 Schedule of Values. In response to Board questions, Tax Administrator Allison Snell confirmed that the Board is being asked to adopt the 2017 Schedule of Values. Regular Item 14. Public Hearing - Zoning Ordinance Amendment Request (A-424, 7/16) – Request by Planning Staff to Amend the Zoning Ordinance to Update References to the 2006 CAMA Land Use Plan to Coincide with the Comprehensive Land Use Plan; Known as the "Bridging Ordinance." County Manager Coudriet reported that he would like to make the Board aware that the Planning Board recommendation differs from the Staff recommendation for this item. The Planning Board made amendments that Staff is not recommending. He asked Planning and Inspections Director Chris O’Keefe to provide a brief overview. Director O’Keefe explained that the difference is that the Planning Board’s motion includes for section 72- 42 that a sentence be added which says, “An application for a Special Use Permit for High Intensity Mining activities shall require an analysis of impacts to aquifer recharge areas.” The recommended motion by Staff does not include the verbiage and they did not want to include it. The spirit of the text amendment was to remain policy neutral and Staff thinks this text amendment imposes new requirements on high intensity mining proposals that really were outside the scope of the intent. The goal is to bridge the gap between the old plan and the new plan. Staff also considers it ambiguous as to what the study should evaluate, who should perform it and what methods should be used in the analysis. The Planning Board or Board of Commissioners could request such an analysis on a case-by-case basis for special use permits requests for high intensity mining, at which time the request for analysis could address the specific concerns or impacts pertaining to the proposal. In response to questions, he confirmed that beyond that one sentence there was no difference between the two recommendations. In response to questions, Director O’Keefe said Staff would not be offering any alternative language. Staff’s goal was to stay as policy neutral as possible and they did not want to place any changes on a policy that they thought the zoning ordinance and old plan had in place on this issue. The Planning Board recommendation is a bit more onerous and suggests that for each high intensity mining operation an analysis of aquifer recharge areas would need to be included in their application for a special use permit. In response to additional questions, Director O’Keefe explained that currently the zoning ordinance does not allow high intensity mining operations in aquifer areas. The special use process is required regardless so whether language is included or not, there is the option to ask for the study if deemed necessary because an aquifer may be affected. In addition, in looking at the County map the aquifer recharge area is largely compiled land where you could not do a high intensity mining operation because of the underlying zoning district. Staff feels the most policy neutral position is to rely on the special use permit process, rely on staff, and the ability of the Planning Board and Board of Commissioners to ask for additional studies. Director O’Keefe also reported that the County is moving forward with the aquifer recharge study. It is known that the County is under-laid by aquifers and recharge is more likely to occur in some areas than others. He noted another issue for Staff is that it would be hard to tell someone what type of study is required and what kind of information it would produce. He confirmed that by leaving out the language, it would not require those in the non- aquifer areas to have a study and the request could be made through the special use permit process. The aquifer recharge land classification referenced by the zoning ordinance will go away upon adoption of the bridging ordinance and there will not be any land classification. This map had originally been included in the Comprehensive Plan for consideration but the maps that were included were only for information. The strategy was not to use those maps as tools/policy as they were in the CAMA Land Use Plan; but rather to have them to refer to as additional information. Regular Item 15. Public Hearing. Rezoning Request (Z-961, 7/16) – Request by Design Solutions, Applicant, on Behalf of the Property Owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to Rezone 7.08 Acres Located at the 4600 Block of Carolina Beach Road from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District, in Order to Develop a Mini-warehouse Use. County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 AGENDA REVIEW MEETING, SEPTEMBER 1, 2016 PAGE 601 Manager Coudriet reported that the same issue exists with this public hearing in that Planning Board and Staff differ on their respective recommendations. Commissioner White left the meeting at 4:35 p.m. Regular Item 16. Public Hearing. Special Use Permit Request (S-632, 8/16) – Request by Design Solutions, Applicant, on Behalf of the Property Owner, Invista S.A.R.L, for a Special Use Permit for a High Intensity Mining Operation on an 80.4-Acre Parcel Located near the 200 Block of Sutton Lake Road. Director O’Keefe noted that the Planning Board recommended approval with a vote of 5-1 and imposed two conditions to be completed prior to the Board of Commissioners meeting. The first was that the applicant hold a community meeting to discuss the application and second that the County be provided any reports prepared by the applicant regarding the mining operation’s impact on the surrounding environment. Director O’Keefe reported that the applicant complied with the conditions. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 4:39 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.