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2016-10-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 3, 2016 PAGE 624 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 3, 2016 at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, 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 Clerk to the Board Teresa P. Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Jermaine Armour, St. Luke AME Zion Church, provided the invocation and Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing none, Chairman Dawson requested a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved minutes of the Regular Meeting of September 6, 2016, the Agenda Review Meeting of September 15, 2016, and the Regular Meeting of September 19, 2016. Approval of Grant Application forFY2018 Funding of Health Programs Administration, HIV Outreach RFA 328 – Health Department The Commissioners approvedthe grant application to the N.C. Department of Health and Human Services, Division of Public Health, Communicable Disease Branch in the amount of $100,000 for the HIV Outreach Grant Program. Funding for regional networks of care and prevention are used to prevent and control sexually transmitted diseases (STDs) and free testing and treatment in many diverse settings, including community-based organizations and correctional facilities. The Board of Health approved the application at their meeting on September 7, 2016. No matching funds are required and no new positions are requested. Ratification of Section 5310 Grant Application to Cape Fear Public Transportation Authority d/b/a WAVE Transit to Fund Transportation for Elderly Persons and Persons with Disabilities – Senior Resource Center The Commissioners ratified agrant application to the Cape Fear Public Transportation Authority to fund transportation for elderly persons and persons with disabilities. In order to meet the September 21, 2016 deadline, the Senior Resource Center (SRC) submitted the Section 5310 grant application for the maximum allocation amount of $20,000. The 50% match will come from the Volunteer Older Citizens Action League (VOCAL) funds budgeted for transportation in the FY17 SRC budget. Approval of July 2016 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of July 2016. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 18.1. Adoption of Budget Amendments – Strategy and Budget Department The Commissioners approved the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2017: Grant Rollovers: 17-012 Purchase Order Rollovers: 17-013 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 18.2. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2016 AS DOMESTIC VIOLENCE AWARENESS MONTH Chairman Dawson announced that Domestic Violence Shelter and Services has requested the Board consider a proclamation designating October 2016 as Domestic Violence Awareness Month. Vice-Chairman Barfield read the proclamation into the record and moved for its adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 3, 2016 PAGE 625 Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to adopt a proclamation designating the month of October 2016 as Domestic Violence Awareness Month. Upon vote, the MOTION CARRIED UNANIMOUSLY. Andrea Stough, Advocate/Outreach Coordinator with the Domestic Violence Shelter and Services, accepted the proclamation and expressed appreciation for community partners who help transform trauma into healing for those who experience abuse. She introduced Shequana Sidbury, a community partner in the District Attorney’s Office who lost her sister, Tarica Pulliam a County employee, to domestic violence in 2008. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 18.3. ADOPTION OF A RESOLUTION ENCOURAGING REGIONAL COOPERATION TO SUPPORT THE WELLS FARGO GOLF CHAMPIONSHIP TAKING PLACE IN NEW HANOVER COUNTY IN 2017 Commissioner Zapple announced that the PGA Wells Fargo Championship Golf Tournament will be hosted at the Eagle Point Golf Club on May 1-7, 2017. The tournament will provide many opportunities to promote the region as a great place to do business and to vacation. As such, the County is joining the City of Wilmington in encouraging regional cooperation with the beach communities and surrounding counties in promoting the region for marketing purposes and in managing logistics, with our citizens' and visitors' safety in mind. The tournament will have visitors from all over the world and be broadcast to more than one billion viewers worldwide. Commissioner Zapple read the resolution into the record calling for regional cooperation. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner White, to adopt the resolution encouraging regional cooperation in support of the 2017 Wells Fargo Golf Championship taking place in New Hanover County on May 1-7, 2017. Upon Vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 18.4. CONSIDERATION OF USGS GROUNDWATER PROPOSAL Strategy and Policy Coordinator Jennifer Rigby said thatwhen the Board adopted the Comprehensive Plan, staff was directed to provide the Board with a proposal for a comprehensive groundwater study. Staff presented findings at the September 6th meeting outlining the existing groundwater studies and gaps of information. Based on these studies, staff determined there was a lack of information regarding the aquifer recharge areas as well as information about water quality including salt-water intrusion. She introduced U.S. Geological Survey (USGS) representatives Chad Wagner, Kristen McSwain, and Jason Fine and invited them to present a proposal for a robust and comprehensive ground water study. USGS Associate Director for Investigation Chad Wagner presented a proposal to identify primary recharge areas and characterization of aquifer vulnerability in the County highlighting the following:  Approach:  Create interim map of groundwater recharge areas from existing information  New data collection:  Age dating of local rainfall and groundwater  Water-levels and water-quality within surficial, Castle Hayne and Peedee aquifers  Define groundwater flow path directions across the County  Groundwater modeling:  Ongoing groundwater flow model  Develop saltwater intrusion groundwater model  Simulate management scenarios and estimate flow paths from primary aquifer recharge areas  Final report with final maps of recharge areas and areas of aquifer vulnerability, modeling results and information on practices to prevent contamination of aquifers  Groundwater Recharge Areas:  Determine where the source waters are coming from:  Wells, streams, river  Aquifer vulnerability maps determined by:  Depth to groundwater  Land uses/land cover  Soil drainage  Proposed data collection:  Data mining of Environmental Health database for well locations, water quality and construction information  Replicate water-level measurement and sampling efforts from August-September 2012:  Water levels measured at 80 wells screened in the Castle Hayne and Peedee aquifers  Sample wells for field parameters, cat ions, anions, bromide, water isotopes  Add additional wells in under-represented areas of County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 3, 2016 PAGE 626  Collect local precipitation isotope data  Define vertical groundwater gradients for recharge/discharge  Potentially collect geophysical logs  Ongoing Groundwater Modeling Effort:  Updating/refining an existing regional groundwater flow model of the Atlantic Coastal Plain aquifers of N.C. and S.C.  Model will be updated:  Water use  Groundwater levels  Hydrogeological framework  Surficial aquifer  Simulate results of historic and future stresses on the groundwater system in coastal areas  Simulate and evaluate impacts of various water-use scenarios in the study area on groundwater/surface-water interactions and groundwater availability  Groundwater salinity intrusion:  Peedee aquifer chloride changes since 1965 indicate some salt water  Peedee aquifer groundwater level changes since 1964  Groundwater Modeling Benefits:  Provides a tool that can be used to manage the groundwater resources of the region  Optimize well-field pumping to minimize water-level drawdowns and saltwater movement  Allow water suppliers to be proactive to potential problems that arise with future supply wells or alternative pumping schedules  Identify primary source areas of potential contamination transport to water-supply wells  Proposed Study Timeline:  Create a map of delineated areas of predicted groundwater recharge areas across County: January 2017 – December 2017  Data collection (isotopes, water quality, water level, hydraulic gradients): April 2017 – June 2018  Develop saltwater intrusion groundwater models: October 2018 – September 2019  Simulate groundwater management scenarios: April 2018 – December 2018  Estimate flow paths from predicted recharge areas using particle tracking programs with groundwater-flow model: July 2018 – December 2018  Compile results, prepare and publish a scientific investigation report: October 2018 – December 2019  Proposed Budget for funding the study = $690,000 as follows: FY 2017 FY 2018 FY 2019 FY 2020 USGS Cooperative Matching Funds $90,000 $90,000 $77,000 $3,000 New Hanover County $155,000 $140,000 $131,000 $4,000  Funds of $260,000 from USGS is subject to the availability of funds in the Federal budget In response to questions, Mr. Wagner clarified that the study area would include areas north to the Neuse River, west to the fall line of the Coastal Plains and south into South Carolina. The State of South Carolina is also contributing funding to extend the study area. He also explained that for the most part, aquifer recharge areas and movement of groundwater are primarily localized issues. Although discussions are ongoing, Cape Fear Public Utility Authority may not be inclined to help with the funding of the project because of funding two recent studies. USGS representative Jason Fine pointed out the locations of the Castle Hayne and Peedee aquifers and noted that Brunswick County users probably withdraw the most water from the aquifers. He suggested that having the data from the study might help the County in getting the state to regulate groundwater in the area. In discussion of established wells for ongoing data, Mr. Wagner explained that Brunswick County does have established well sites that monitor water levels and chloride sampling on an annual basis. The proposed study would determine the number of wells needed to provide good quality data. Chairman Dawson thanked Mr. Wagner for presenting the proposal to study groundwater recharge areas of the Castle Hayne and Peedee aquifers, which will delineate and determine water quality and quantity of surface waters and aquifers in the County. The information will help the Board in determining the type of oversight and whether to implement a comprehensive groundwater ordinance and other land planning decisions. She requested County Manager Coudriet to recommend the next step in the process. County Manager Coudriet recommended that the Board move forward with Part 1 of the plan to create a map of delineated areas of predicted groundwater recharge across the County and delineate areas of aquifer vulnerability. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 3, 2016 PAGE 627 The information from this part of the study will help the Board in making decisions on whether or not to proceed with the next elements of the proposals. The cost to the County for Part 1 would be $155,000 with USGS paying $90,000. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to approve implementing Part 1 of the USGS proposal to create a map of delineated areas of predicted groundwater recharge across the County and delineate areas of aquifer vulnerability. Upon vote, the MOTION CARRIED UNANIMOUSLY. In discussion, the Commissioners commented on the importance of the Board understanding and having information about the County’s water resources in order to plan for the future and to protect the water supply. It was noted that data collection from neighboring counties would be beneficial in order to understand better the full impact on the aquifers. Commissioner Zapple added that the Board would need to learn more about the Cape Fear River and the interbasin transfers as those issues impact the County significantly. Commissioner White suggested that data collection of other water users in the community such as from golf courses, industries, and water utilities would be important to determine impacts and the County should consider getting other regional partners to join the study. PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST BY CHARLES CLIFF, APPLICANT, ON BEHALF OF THE PROPERTY OWNERS, MARY CLIFF AND BETTY GMYTRUK (LIFE ESTATE), TO LOCATE A SINGLE-WIDE MOBILE HOME ON AN 0.84-ACRE PARCEL AT 196 EGGERT AVENUE IN CASTLE HAYNE (S-631) Chairman Dawson 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. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Brad Schuler Chris O’Keefe Charles Cliff Joel Schlegel Brian Puskas Buddy Allard Current Planner Brad Schuler presented a request to locate a single-wide mobile home on a 0.84-acre parcel at 196 Eggert Avenue and presented a slide presentation of the site and surrounding areas in the Castle Hayne community. A mobile home park is located on Lynn Avenue approximately one-quarter mile north of the site and the surrounding properties include residential and farming uses. The properties are zoned RA, Rural Agricultural District. A special use permit is required to locate a single-wide mobile home in the RA District. Although the site is currently vacant, a double-wide mobile home was located on the site and permitted by right. The proposed mobile home will connect to an existing well and septic system pending review and approval by the Health Department. The property is accessed by a 30-foot easement that connects to Eggert Avenue. The conceptual site plan complies with the zoning ordinance and the project must be developed according to the building permit review process. According to the 2016 Comprehensive Land Use Plan, the place type is rural residential and the proposed use meets the intent of the place type. These are rural areas where new development occurs in a manner consistent with existing rural character while also preserving the economic viability of the land. A mobile home would satisfy Goal XV of providing a range of housing types, opportunities, and choices as the proposed use provides an affordable housing opportunity. Mr. Schuler said staff concludes that the applicant has demonstrated that the proposal complies with the four findings of fact specified in Section 71 of the zoning ordinance and that the proposed use does not conflict with any policies of the Comprehensive Plan. Chairman Dawson invited the petitioner to make comments. Charles Cliff, representing the property owners of Mary Cliff and Betty Gmytruk (Life Estate), said that he desires to set up the mobile home for his daughter, who plans to help take care of him, his wife and mother-in-law. He said that he would not request any additional mobile homes. A tree grove borders the property on one side and a field, pasture and barns are located on the other side of the site. Sufficient land is available for a mobile home. Chairman Dawson requested those who signed up to speak in opposition to make comments. Joel Schlegel, a resident of Eggert Avenue and a third generation property owner of the community, spoke concerning new homes and other improvements that are being built in the area. He expressed concerned that mobile homes would decrease property values and with this approval, more mobile homes would come to the area. Brian Puskas, representing his mother, Jean Puskas, a resident of Prince George Avenue, and others in the community, spoke in opposition of granting the special use permit for the mobile home. He said that the community believes mobile homes will decrease property values and that this approval would set a precedent for more mobile homes to come to the area. As the community has worked hard at encouraging single-family homes on permanent foundation, he would like that trend to continue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, OCTOBER 3, 2016 PAGE 628 Buddy Allard, a resident of Eggert Avenue adjacent to the Cliff property, spoke concerning the residential and farming community. He reported that Ernest Puskas, a large landowner of the community, in the mid-1990s led the community in requesting the County rezone the area to preserve the pastoral elements of Castle Hayne. The intent was to keep the community from being over crowded. He said that the mobile homes were established in the area before the rezoning of the 1990s and the community desires that no additional mobile homes be allowed in the unique residential and farming community. As two major landowners have passed away recently, it is most likely that the appearance of the community will be changed dramatically from the rural farming community to new developments. He requested that the Board deny the mobile home for the benefit of the whole community. In rebuttal, Mr. Cliff stated that he included a petition of adjacent property owners with his application who were not opposed to a single-wide mobile home at that location. He noted that Mr. Schlegel is not an adjacent property owner and that Mr. Allard moved into the area knowing that mobile homes were located in the neighborhood. Mr. Cliff believed that a mobile home would be in harmony with the surrounding area. There being no further comments, Chairman Dawson closed the public hearing and requested direction from the Board. . Commissioner Zapple commented that no data or evidence was presented from a real estate assessor or appraiser that the property values would be affected by a mobile home. Mr. Schuler confirmed that the petitioner owns the adjacent property to the north and Mr. Allard owns the property to the south, which includes a horse farm, a few barns and a house. Some single-family dwellings and a manufactured house are located across the street. In addition, he confirmed that a manufactured home subdivision exists to the northeast and that the double-wide mobile home was removed three to four months ago because of its deteriorated condition. Chairman Dawson asked the petitioner whether to continue the request to another meeting or to proceed with the Board deciding whether to grant or deny the application. Mr. Cliff requested the Board to proceed with the request and that he agreed with staff’s findings of fact. Chairman Dawson requested direction from the Board. Motion: Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to grant a Special Use Permit to locate a single-wide mobile home on a 0.84-acre parcel located at 196 Eggert Avenue in Castle Hayne, on behalf of ) the property owners, Mary Cliff and Betty Gmytruk (Life Estate, as the Board finds that the application: 1.) Will not materially endanger the public health or safety; 2.) Meets all required conditions and specifications of the Zoning Ordinance; 3.) Will not substantially injure the value of adjoining or abutting property; and 4.) Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 61. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported that one person had signed up to speak on non-agenda items. Peter Gillman-Bryan stated that he no longer wish to speak before the Board. ADDITIONAL ITEM Assistant County Manager Tim Burgess gave an update on Hurricane Matthew, a category 4 storm forcasted to reach the Wilmington area by the weekend. He said that Governor McCrory has declared a state of emergency for 66 counties in the coastal area in preparation of the storm. The Emergency Management Department will monitor the storm and give daily briefings to the County Manager. He encouraged the public to stay abreast of the emergency management notifications and local media for updates of the storm. ADJOURNMENT There being no further business, Chairman Dawson adjourned the meeting at 5:40 p.m. Respectfully submitted, Teresa P. Elmore Clerk to the Board Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.