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2019-06-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 298 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 3, 2019, at 4:00 p.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairwoman Julia Olson-Boseman; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Chairman Barfield stated that Commissioner White was excused from the meeting as he was representing the County along with Kids Making It during the USS North Carolina (SSN 777) Change of Command Ceremony in Pearl Harbor, Hawaii. Chairman Barfield expressed appreciation for Commissioner White making the journey to be there and helping to serve our country. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mandy Iahn, Oleander United Methodist Church, provided the invocation and Commissioner Kusek led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION PASSED 4-0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting of May 16, 2019 and the Regular Meeting of May 20, 2019. Adoption of State Road Resolutions – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Road Resolutions in support of adding the following roads to the state system:  Medallion Place located within section 4 of Jacobs Ridge and section 2 of Planters Walk Subdivisions in New Hanover County (Division File No: 1271-N)  Newbury Way and Iota Drive located within sections 1, 3, 5, and 7 of Whitney Pines Subdivision in New Hanover County (Division File No: 1275-N) Copies of the resolutions are hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 30.1. Approval of Four Donations for Accession into the Museum’s Permanent Collection – Museum The Commissioners approved a list of four items to be accessioned into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at the meeting on May 15, 2019 and a list of the items is available for review at the Cape Fear Museum. Approval of One Item to be Deaccession from the Museum Collection – Museum The Commissioners approved a list of one item to be deaccessioned from the Cape Fear Museum’s permanent collection. The object was approved by the Museum Advisory Board at the meeting on May 15, 2019 and a list of the item is available for review at the Cape Fear Museum. Appointment to the Home and Community Care Block Grant (HCCBG) Advisory Committee – Senior Resource Center The Commissioners appointed Susan Sprenger to the Home and Community Care Block Grant (HCCBG) Advisory Committee as recommended by the Senior Resource Center. Ms. Sprenger retired in April 2019 after 28 years with the New Hanover County Department of Social Services and served as the Adult Services Program Manager. The advisory committee reviews all HCCBG grant monies that fund a variety of programs for older adults (60+) in New Hanover County (nutrition programs, transportation, senior center operations, adult day care/health, and In-Home Aide). The advisory committee also makes recommendations to the Board of County Commissioners for allocation of funding and selection of vendors to provide community based-services. Approval of New Hanover County Consolidated Human Services Board Structure – Strategy The Commissioners approved the structure of the New Hanover County Consolidated Human Services Board. According to NCGS 153A-77(c), New Hanover County is required to establish a Consolidated Human Services Board to serve as the policy-making, rule-making, and administrative board of the consolidated human services agency. County staff will bring the slate of candidates from the nominating committee to the Commissioners for consideration at its June 17, 2019 meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 299 Approval of Board of Education Budget Amendment #8 – Finance The Commissioners approved the Board of Education Budget Amendments #8 as follows: On May 7, 2019, the Board of Education approved budget amendment #8, which includes the following in the state, general, federal, capital outlay, and other restricted revenue funds:  State Fund – To record state revisions 40-42.  General Fund – Miscellaneous school and program transfers.  Capital Outlay Fund – Transfer bond project savings and contingency to cover bid overage for Wrightsville Beach Elementary and establish a new project to move a modular building. Also, to budget a lottery project for Wrightsboro that was approved by the state.  Other Restricted Revenue Fund – Miscellaneous programs’ revenue and expense transfers. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF AMENDMENT TO PURCHASING POLICY LIMIT Chief Financial Officer Lisa Wurtzbacher stated that the current purchasing policy for the County has a formal bidding requirement for construction projects at $300,000 or greater. North Carolina General Statute 143- 129 states that construction projects greater than $500,000 must be subject to formal bidding requirements, which is less restrictive than the County’s policy. Staff recommends amending the formal bidding limit from $300,000 to $500,000 to be consistent with state statutes that were updated in 2007. Informal bidding procedures will still be required for projects ranging from $30,000 to $500,000 as consistent with state statutes. Hearing no further discussion, Chairman Barfield asked for direction from the Board on the request. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to approve the formal bidding requirement limit from $300,000 to $500,000. Upon vote, the MOTION PASSED 4 - 0. CONSIDERATION AND ADOPTION OF FUND BALANCE POLICY AMENDMENTS Chief Financial Officer Lisa Wurtzbacher stated the County’s current fund balance policy does not have a specific requirement for the Fire Services Fund or the Environmental Management Fund. The policy states the County will “strive to maintain an adequate level of fund balance for its Enterprise Funds and Special Fire District Fund.” Staff recommends setting the level at a total fund balance no less than eight percent of its annual expenditures, which represents approximately one month of expenditures:  Amendment to Fund Balance Policy Recommendation:  Total fund balance that is at least 8% of annual expenditures for each fund  Fiscal Year 2018:  Fire Services – Requirement $1,173,251  Environmental Management – Requirement $1,302,797  Compliance for fiscal year 2019 is expected  Importance of Fund Balance: Cash flow, economic downturns, and emergencies As with the General Fund, if the Environmental Management Fund or Special Fire District Fund balance falls below this level, the policy will allow two years to replenish the fund balance to the levels noted in the policy. In response to Board questions, Ms. Wurtzbacher stated that there would not be any restrictions in the definition of what fund balance can be used for. However, as with the General Fund, staff tries to keep the usage to one-time expenses. That is not written in the policy for these funds, but is directly sought out and what staff follows for budgeting purposes. The directors of both departments are in agreement with the policy and limits. Hearing no further discussion, Chairman Barfield asked for direction from the Board on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve the fund balance policy to reflect that the County will strive to maintain the total Environmental Fund Balance at 8% of expenses and the total Fire Services Fund Balance at 8% of expenses. Upon vote, the MOTION PASSED 4-0. PUBLIC HEARING AND APPROVAL OF THE ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVES APPROPRIATIONS FOR NEW HANOVER COUNTY Chairman Barfield opened the public hearing to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the appropriations and expenditures will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY19-20 budget and are under consideration for adoption: Economic Development Agencies/Organizations These appropriations will be funded from General Fund revenues of the county. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 300 Organization Amount Description of Activities/Expense The Arts Council of Wilmington/New $10,000 Support arts-driven economic development activities Hanover County to increase attendance and encourage increased spending in the local economy Cape Fear Council of Governments $25,000 An alliance of service providers, local government Continuum of Care for Homelessness agencies, and other public interests whose common goal is the reduction and ultimate elimination of homelessness Cucalorus Film Foundation $20,000 Support seasonal staff for the Cucalorus Festival (Film, Stage, Connect) events which encourage visitor/tourist attendance and encourage increased spending in the local economy Friends of Fort Fisher $7,000 Support educational programs to increase visitor/tourist attendance and encourage increased spending in the local economy Highway 17/64 Association $5,000 Work regularly with the NC General Assembly, the Board of Transportation and NCDOT leadership to make prioritization and funding for rural, eastern projects more equitable. Southeastern Economic Development $18,240 Assist with project development necessary for the Commission solicitation of grant funding from the Economic Development Administration (EDA) The Southeastern Partnership, Inc. $20,000 Provide regional and targeted industry specific marketing and conduct familiarization events Wilmington Business Development $202,145 Provide recruitment/assistance for business expansion and/or relocation efforts Wilmington Downtown, Inc. $65,000 Provide activities to increase the number of businesses, jobs and tax base in Wilmington’s Urban Core Wilmington Regional Film Commission $128,251 Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses Wilmington Business Development $60,000 For the Blue Clay Road property to develop a master plan and Preliminary Engineering Review (PER), including site development costs, for the purposes of returning the property to the private sector for industrial development Previously Approved Contractual Incentive Payments The following are incentive payments that were previously Board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: Castle Branch, up to $50,000; Fortron, up to $100,000; and Live Oak Bank, up to $65,000. These appropriations will be funded from General Fund revenues of the county. Infrastructure investments A capital project investment of $525,000, the third and final of three annual contributions to Cape Fear Public Utility Authority (CFPUA) to provide fire flow to the water system being constructed along Highway 421; $100,000 to CFPUA for a Preliminary Engineering Review (PER) for the Sidbury Road water line; $250,000 to the Town of Wrightsville Beach, the second and final of two annual payments for infrastructure improvements; $1,506,438 to Lower Cape Fear Water and Sewer Authority to assist the City of Wilmington in the relocation of the raw water line outside of a new bridge being built over Fishing Creek; $10,000 to continue Phase 2 of the stormwater utility study, which will focus on building public awareness of the proposed utility; and a $151,200 contribution to CFPUA to improve fire flow capacity for the Northern Water Main. Chairman Barfield opened the floor for public comments and announced that no one signed up to speak on the matter, and closed the public hearing. Chairman Barfield asked if there was a motion to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County. Upon vote, the MOTION PASSED 4-0. PUBLIC HEARING ON THE FISCAL YEAR 2019-2020 RECOMMENDED BUDGET Chairman Barfield opened the public hearing stating that pursuant to NCGS 159-12(b), before adopting the budget ordinance, the Board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the FY2019-2020 Recommended Budget meets these requirements. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 301 Board will now hear public comments. County Manager Coudriet briefed the Commissioners on the proposed changes, in addition to what has been discussed during this item, to the Recommended Budget as follows:  Fiscal Year 2019-2020 Recommended Budget: Advancing the Board of Commissioners’ priorities through fiscal responsibility:  Budget Summary:  All funds: $398.5 million  General Fund: $349.9 million  Environmental Management Fund: $23.1 million  Fire Services: $16.1 million  Ad valorem rates and tipping fees maintained  General Fund Revenue Highlights:  Ad valorem: $192 million (tax base: $34.84 billion)  Sales taxes: $76.5 million (5.6% growth)  $7.2 million in federal and state government reimbursements from Hurricane Florence  Appropriated fund balance: $1.9 million:  Anticipated unassigned fund balance of 14.1% at June 30, 2019  Expenditure Highlights:  Education: 41% of General Fund budget; New Hanover County Schools = $116.2 million; Cape Fear Community College = $26.2 million  $203,000 for the Sheriff’s Office to assume responsibility of Forensic Lab from City of Wilmington  $953,000 for Non-County Agencies – Human Services; and $468,000 for Non-County Agencies – Economic Development  $277,000 for continued facility safety automation enhancements  23 new positions for General Fund (20) and Environmental Management (3)  Capital Planning: $2.3 million for General Fund; $8 million for Environmental Management  Changes Made to Recommended Budget and Next Steps:  Changes made since presentation of Recommended Budget:  $7,000 added for Friends of Fort Fisher and $23,750 added for GLOW NC; unemployment insurance reduced by same amount  Next steps:  Budget adoption required by July 1, 2019  Recommended for Monday, June 17, 2019 In response to Board questions, County Manager Coudriet stated that $2.3 million represents the general fund portion of the capital improvement plan for the FY2019-2020 budget. Chief Financial Officer Lisa Wurtzbacher provided a brief overview of the project list. County Manager Coudriet stated that in regard to Healing Place, there is a debt service payment planned in the budget for FY2019-2020. The construction of the building may begin by the end of the calendar year. After meeting with the design team last week, he believes the guaranteed maximum price information will be received in September and then the general contractor will put its part of the project out to bid for approximately 30 days. Once the facility becomes operational, the County will begin to also provide operational support by purchasing 25 beds per night at a cost of $319,000 per year. Brunswick County has also committed to purchase ten beds. New Hanover County Schools ‑ New Hanover County Board of Education Chairperson Lisa Estep expressed appreciation for the opportunity to show the school system’s support for the County Manager's Recommended Budget for 20192020. The New Hanover County Board of Education and the County Commissioners have a common goal. Both are here for a similar purpose: to protect, to educate, and provide a better future for the students in this County. There's absolutely nothing more important to the viability of our region than this. This budget is progress towards that goal. It is believed this recommended budget request is a strong one, one that along with the school system’s own repurposed budget, allows the school system to meet the state's budget initiatives and addressing some of its own needs in this district. On behalf of the New Hanover County Board of Education and senior staff, she thanked the Board of Commissioners for all it does to continue to provide for the school system and expressed appreciation for both organizations working together towards the common purpose. Chairman Barfield thanked Chairperson Estep for her service. Commissioner Kusek stated she likes the fact that efforts were made for some repurposed savings and to refine the budget process. This is a third of the County’s budget. During the last County Commissioners meeting, there was discussion about the need to do an analysis on the changing education trends and exactly how much brick and mortar is really needed going forward. She believes the school budget process needs to change and both boards need to meet by the end of the year to discuss the school budget so there are no surprises. Chairperson Estep stated there is a limit to the dollar amount the school system can put forward on some items because the funds come Federal, State, and local governments. The most important piece is the local portion, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 302 because what the state directs to be done affects what the ask is from the local portion. The preplanning is important and the ongoing discussion with the County Commissioners is very valuable to the Board of Education. She agrees with Commissioner Kusek’s statements that the groups need to start the conversations early and have them often going into the next budget year. Cape Fear Community College Jim Morton, President of Cape Fear Community College (CFCC), on behalf of the Board of Trustees, expressed appreciation for the County’s support throughout the year. The support of the Commissioners by either serving on the Board of Trustees and/or attending special events, graduations, and various meetings is greatly appreciated. He further expressed appreciation to the County Manager, County Attorney, and various County departments for their support. The new partnership with the Sheriff’s Office has provided invaluable resources for the safety and security of CFCC. CFCC has had many accomplishments this year. A few days ago, 80 students graduated and they had job th offers through the new power line technician program. On June 11, 33 more students will graduate and nine of the students are veterans. CFCC continues to develop the pipeline to the veteran community. The next class begins July th 8 and there is another full class of 50 students. With the last class, as an example, the casting test these students take at other colleges have an approximately 50% pass rate. At CFCC, the last class was 75% and the most recent class is 97%, so CFCC is still pursuing that quality of education. Last year was the start of the Yamaha engine university and 48 students graduated from that program. It's a smaller class, only 16 each, but there is a waiting list of 109 and is actually very high in demand. The new construction institute and computer coding programs have also started. In regard to economic development, CFCC has touched on trying to bring additional resources to the region for economic development by pursing customized, training funds with the state which are free state funds. CFCC has increased it to $1.2 million from over $400,000 last year. That is a 194% increase, which is free money to our business and industry for free training to increase the amount of development. CFCC was fortunate to be able to provide $1.2 million in financial assistance to students to help them stay in school. CFCC received its largest grant ever of $1.9 million from the Department of Education to be used for success coaches and advisers. The career coaches in the local high schools help students with their career path. The nursing program ranked number one in the state. Allied health programs have had a 100% pass rate for state licensing exams. The dinner clinic was made a state licensing location so students from this region no longer have to travel to Chapel Hill to take the test. CFCC earned the ranking of top ten military friendly colleges and last week was named by a niche website as the number one community college in North Carolina. This all could not happen with the County’s strong financial ‑ support. President Morton thanked the Board for its support in the past years and for supporting CFCC’s proposed budget for FY201920. For the last two years, there has not been an ask for an increase in the operating budget. This ‑ year there is a request to increase it by approximately $459,000. A majority of the increase is to help elevate the ‑ lowestpaid employees to a minimum wage of $15 an hour. This would affect 44 CFCC employees that are countyfunded, and CFCC appreciates that support if the Board passes the budget. The debt service from the 2008 bonds continues and CFCC appreciates the County’s support. President Morton concluded his comments thanking the Board for the financial and other support given to CFCC. In response to Board questions, President Morton stated that there are people signing up for the construction institute and additional efforts are being made in marketing the program. Signups have picked up for the programs and other programs are trying to get more attendance. There is a struggle with labor in the construction industry. CFCC worked with the Wilmington-Cape Fear Home Builders Association last year to identify the need. A pilot of the program was done last summer and this spring and summer CFCC is starting 25 new programs in that industry. Commissioner Kusek stated that as a CFCC Board of Trustee member sitting in meetings with President Morton, it is amazing to see his attention to detail and his finesse with the numbers. She appreciates his efforts and the work that has gone into getting the word out about CFCC. The community outreach is stellar. County Manager Coudriet stated that two Commissioners serve on the CFCC Board of Trustees and he hopes that is reflective of the strong commitment and support of CFCC. Other Agencies/Individuals Comments Janet Nelson, representing the Board of Directors for the Child Development Center (CDC) and Director Heather Ratliff expressed appreciation to the Board for including a recommendation for funding the CDC in the budget. The funding will go towards ensuring that CDC can continue to serve the nearly 100 children, their families, and the school systems that depend on it. The CDC works very closely with the school system and provides the maximum level of support for preschool aged children with special needs. It provides a comprehensive educational and therapeutic service in an inclusive setting to prepare students for success in school and life. State funding for young children with special needs has not increased in over 20 years. The state has also increased eligibility requirements for placement causing a great increase in charity calls and increasing the gap of care and reimbursement. The imbalance threatens the existence of the CDC. Jim Karl, Executive Director of The Children’s Museum, expressed appreciation to the Board and the Non- County Funding Agency Committee for including The Children’s Museum in the draft budget. The proposal originally put forward was focused on childhood nutrition and over the last several months a change was made from this NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 303 standpoint. Post hurricane, a couple of exhibits had to be closed down and as such, the decision was made to dedicate the diner area of the museum to really focus on nutrition, healthy lifestyles, and choices of food as opposed to just picking up and playing with food. In looking at other things that could be done for the community in the area of childhood nutrition, Mr. Karl was approached about the museum becoming a spot this summer for a childhood lunch program. After discussing with the people involved, the museum agreed to participate. Together with Love, Lydia Bakery the museum will be providing the summer lunches as soon as school closes through the course of the summer for five days of the week. An activity will be done with the kids to help acclimate them as some may have apprehension with coming to a new place. He expressed appreciation for the County helping to get the new initiative going. David Dougherty and Mark Sinclair with One Love Tennis stated that One Love Tennis is very proud to be representing the County this August when the group attends the U.S. Open in New York City. The organization was selected for a second year, out of 300 National Junior Tennis and Learning (NJTL) programs around the country and 180,000 kids that applied, to take part in the Arthur Ashe Opening Day Ceremonies. In response to Board questions, they explained that 40 kids and adults will be taken to the event. 24 kids are on the court before an opening match and hopefully it will be in the Arthur Ashe stadium. They thanked the Board for One Love Tennis being included in the proposed FY2019-2020 budget. The kids who participate in the program not only learn about tennis, but about life, how to best live it, and will have lasting and positive impacts on this community. Kevin Blackburn, Executive Director of DREAMS of Wilmington, Inc., expressed appreciation to the Board and staff for the recommended funding allocation in the proposed budget. The organization’s focus has been on its summer opportunities for this year which will double more than it has ever offered. DREAMS of Wilmington, Inc. works to help the community in a variety of ways and is focused on serving youth needs through the arts. It is able to do this through partnerships with organizations such as CFCC, Community Boys and Girls Club, and several others including groups on the north side that he thinks will benefit the community in really strong ways. The music program and theater intensives are being expanded and efforts are being made to obtain a grant from the National Endowment of the Arts. Nelson Beaulieu, New Hanover County Schools (NHCS) Board of Education member, stated he was speaking as a parent rather than as a member of the NHCS Board of Education. The request for $2,900 per pupil funding to him as a father means that he can see a difference in his daughter’s classroom. Every year that his daughter has been in this school system, the County Commissioners have approved an increase in the per pupil funding. This is a statement of this Board’s priorities and this is to say nothing of the bond the County passed in 2014. The Board and County have shown a dedicated commitment to education in New Hanover County. Good work is being done and the $2,900 keeps residents like him and his wife here and brings new residents into the County. It is really important and he thanked the Board for its support of the NHCS per pupil funding request. Beth Gaglione, Branch Director of the Food Bank of Central and Eastern NC Wilmington, thanked the Board for assisting the organization in its work to nourish families, children, and seniors. The work at the Wilmington Food Bank is directly in partnership with agencies that are doing this work on the front lines. It has 100-plus partner agencies that support it in moving millions of pounds of food into the community. Hurricane Florence really taught ‑ the staff several lessons in their work at the Food Bank. That is that the doors need to stay open for as many collaborators as possible, and it is believed the work the staff did during the posthurricane period was important and very good work. She and her team look forward to working more closely with the County and being more prepared the next time something like that happens. The Food Bank of Central and Eastern NC Wilmington can do more, and it will be prepared to do more. Hearing no further comments, Chairman Barfield closed the public hearing. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY COASTAL LAND DESIGN, ON BEHALF OF THE PROPERTY OWNER, PRESERVATION POINT PARTNERS, LLC, TO REZONE APPROXIMATELY 30.32 ACRES OF LAND LOCATED IN THE 1500-1600 BLOCK OF CASTLE HAYNE ROAD, FROM I-2, HEAVY INDUSTRIAL DISTRICT, TO R-15, RESIDENTIAL DISTRICT, AND B-2, HIGHWAY BUSINESS DISTRICT (Z19-06) Chairman Barfield opened the public hearing and requested staff to make the presentation. Senior Planner Ben Schuler presented the request by Coastal Land Design, on behalf of the property owner, Preservation Point Partners, LLC, to rezone approximately 30.32 acres of land located in the 1500-1600 block of Castle Hayne Road, from I-2, Heavy Industrial, to R-15, Residential District, and B-2, Highway Business District. The subject property is located on the west side of Castle Hayne Road, near the Cape Fear River and just north of the Martin Luther King, Jr. Parkway. It is in an area that generally transitions from industrial zoning, which is mostly located south of the property, to residential zoning located to the north of the property. The owner of the subject property also owns a 192-acre parcel directly northwest of the site. In 2017, a preliminary plan for a performance residential development consisting of 98 lots (Preservation Point – formerly River Breeze) was approved on a portion of that parcel. Later that same year, the western portion of the parcel was rezoned to a Conditional Use R-15 district and a Special Use Permit was issued for a community boating facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17-09). The community boating facility is a private, non-profit facility with each boat slip reserved for the homeowners within the proposed subdivision. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 304 According to the applicant, the proposed R-15 residential portion of the subject property is intended to become part of the Preservation Point development, and the proposed commercial portion is intended to provide commercial uses serving the residents of Preservation Point and the surrounding community. The western 23 acres of the site is proposed to be rezoned to R-15. This zoning would permit just under 60 lots under the performance residential standards at a maximum density of 2.5 dwelling units per acre. The front seven acres of the property fronting Castle Hayne Road is proposed to be rezoned to the B-2 district. This is a district that allows for many commercial related uses, including traditional commercial uses like retail, restaurants and offices. It also permits heavy commercial and light industrial land uses, and institutional and recreational uses. The property owner recently obtained an approved scope for a Traffic Impact Analysis (TIA) from the Wilmington Metropolitan Planning Organization (WMPO). Originally that approved scope stated the full build of the site would consist of 139 single-family dwellings, and 13,000 square feet of commercial related uses. However, the applicant has been working with the WMPO to refine this proposal. The TIA will now analyze a development consisting of 123 dwelling units (including the existing 98 lots previously approved), 27 townhomes, and commercial related uses including a day care center, small office, and restaurant. TIAs are not required in advance of general map amendments and are typically completed when a specific development is proposed. However, due to the cost and effort required to produce a TIA, this is generally a good indicator of the applicant's intended development of the site. There are three State Transportation Improvement Program (STIP) projects planned within the next decade: • STIP Project U-5863: Project to widen Castle Hayne Road from I-140 to MLK Parkway. Construction is expected to begin in 2023. • STIP Project U-5954: Project to construct a roundabout at the intersection of 23rd street and Castle Hayne Road. Construction is expected to begin in 2024. • STIP Project U-6083: Project to widen North 23rd Street from Castle Hayne Road to MLK Parkway. Construction is expected to begin in 2027. The 2016 Comprehensive Plan classifies the property as Employment Center (approximately 26 acres) and Conservation (approximately 4.4 acres). Employment Center areas serve as employment and production hubs where office and light industrial uses predominate. Conservation covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low-impact recreation, and in their natural beauty. The proposed rezoning from I-2 to B-2 and R-15 is generally consistent with the mix of industrial, office, housing, and commercial uses envisioned in the 2016 Comprehensive Plan for an Employment Center place type and the limits on residential density recommended for Conservation places. The Planning Board considered this application at its meeting on May 2, 2019 and recommended approval (5-0), finding it to be: 1.Consistent with the purposes and intent of the 2016 Comprehensive Plan because the B-2 and R-15 zoning districts allow for the types of uses recommended by the Comprehensive Plan for this area, while also limiting residential densities near Conservation areas. In addition, the proposed rezoning will provide a suitable transition between existing and planned residential neighborhoods to the north and west and the heavy commercial/light industrial uses along Castle Hayne Road. 2.Reasonable and in the public interest because the proposal will provide a suitable transition from existing and proposed residential neighborhoods, while still providing for the wide spectrum of commercial and light industrial uses allowed in the B-2 zoning which could offer more efficient access to basic goods and services for residents in the area. In response to Board questions, Mr. Schuler stated that the property is located across from the WAVE Transit operations center. The TIA has not been completed at this time. The applicant’s traffic engineer is still working on it and as such, it has not been submitted to the WMPO for review. Chairman Barfield thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. Frank Braxton of Coastal Land Design, representing the property owner, Preservation Point Partners, LLC, stated that he and the property owner recognize the value of industrial zoning and looked at this very hard. They felt the property was more in tune with a transitional area and to help them protect the development for existing residential development that is adjacent to the north. As this is straight rezoning, there is no requirement to have a neighborhood meeting. However, a neighborhood meeting was held and no adverse comments were received and there were two phone calls from some of the adjacent industrial operators who wanted to know if it will affect their operations which it would not. Mr. Braxton also felt this was an underutilized piece of property in an area that has been static for at least a decade. He has been involved in the project since 2007 when it was started under another name. In 2008 when the economy faltered, everything stopped. The project was brought back in 2017, when he and the property owner went through the Technical Review Process (TRC) which approves for major development and upland development, and also came before the County Commissioners for a Special Use Permit for the island. That was at one time called Corbett Island which is eight acres. It was being considered to possibly be used as a nice amenity center and with that there was going to be a community boating facility. It is rare to be on the river and it has enough land to support it. As they worked through this plan, it was felt there were a couple of things going on that needed to be addressed. There is a need for a better entrance. The initial entrance was through the Brentwood Subdivision, which was a low-level road with this project connecting to it as the only access. It would have a negative impact on what NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 305 that subdivision has enjoyed over the years. It was felt a new entrance was needed and the property owners ‑ purchased it and if the rezoning is approved, it would be part the Preservation Point development. At the very end where it transitions from residential to commercial in the B2 zoning by Castle Hayne Road, it is envisioned to have a restaurant. The area has lacked a restaurant since the Big Dawg restaurant closed a decade ago. There are no food places or deliveries in that area, so people working in that area have to travel a distance to get a meal and this project is trying to allow for an option for a food establishment. There is also about 2.5 acres that is available for commercial and would be a prime spot for a daycare center. It is the perfect access on and off the major road. In regard to the TIA, the final drafts were received this afternoon. The summary states that the applicant is not required to make any improvements. The level of service is pretty close to the same current level, so there is no negative impact. The property owner will have to reconstruct or restripe right in/right out at the intersection. In response to Board questions about the impacts from nearby commercial or industrial activity on the residential units, Mr. Braxton stated there is a thin area where there are some industrial sites. They are on small individual lots so they are not major industrial factors where they will produce or manufacture a product. It is more of the small businesses of a storage yard or maybe an HVAC company or something similar. That is what is there now on the industrial strip that is adjacent to the site. There is enough depth left in the residential lots that will be abated with a fence or vegetation screen adjacent to that. The only industrial that will be there is what is currently there. The proposed project will eliminate the industrial by putting in the residential with the exception of the slight area of commercial up front to make it consistent with what is being proposed to develop in the rear. In response to Board questions, Mr. Braxton stated in this case he thinks the site is a good environment for a residential area even though Corbett Packaging, Godwin Lumber Yard, WAVE Transit Operations Center, and a couple of mechanic shops are right down the road. Mainly to the south between the Corbett Packaging and Godwin Lumber and the other areas, there is a large expanse of floodplain and wetlands associated with Smith Creek. There is an adequate distance over 5,000 feet or more that would be wetlands, undevelopable between that type of industrial and the proposed project. In response to Board questions if the existing zoning map of the surrounding north, south, east, and west areas all being zoned I-2 and other uses was correct, Mr. Schuler stated yes. It is a little difficult because the area is not straight up and down, it is a little diagonal and staff tries to do the best it can to describe the surroundings. Most the of the I-2 is marshland. It will preserve the marshland and there is a good buffer from the existing industrial area. The area was zoned I-2 in 1972 when the County initiated zoning in the area. It is probably not the correct zoning right in the area due to the environmental features, but it is providing a good buffer between the proposed development and the adjacent industrial area. In response to Board questions about the impact on people, Planning Board member Paul Boney stated that the Planning Board believed the environmental features of all the purple area on the map, most of which is marshland and other things so never can another large industrial plant be built that would affect them, was a great buffer. It could have been zoned most anything environmentally around there. The Planning Board felt it really provides a great buffer, and having the new road coming into the development really alleviates a lot of traffic that the other development would put there on the existing campus. In response to Board questions about how this proposal fits in with the Unified Development Ordinance (UDO) future plans, Planning and Land Use Director Wayne Clark stated that as described by Mr. Boney, it is fine. It is not all single family homes, there are also townhouses. There is a diversity of housing type spread out and then there is the commercial in the front. There is probably a half-mile or so distance before reaching the industry to the south. Staff looked at it as a suitable transition with the variety of housing all in one spot. Chairman Barfield announced that no one else had signed up to speak in favor or in opposition and closed the public hearing. He then opened the floor for Board discussion. Commissioner Zapple stated that he agrees with Mr. Boney’s statements. He is familiar with the site and has seen the area from the marshland side as well as the roadside. He thinks it is absolutely appropriate and does act as a good transition adding the B-2 to the front and then the commercial will help take some of the traffic off of the new units going in off of Castle Hayne Road and probably is the best use of the land. Hearing no further discussion, Chairman Barfield asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek to approve, affirming the Planning Board’s statements that the application is 1) Consistent with the purposes and intent of the 2016 Comprehensive Plan and 2) Reasonable and in the public interest. Upon vote, the MOTION PASSED 4 -0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 9A, Page 57. APPOINTMENT OF VOTING DELEGATE TO THE NACO 2019 ANNUAL CONFERENCE Chairman Barfield stated that a voting delegate needs to be appointed for National Association of Counties (NACo) 2019 Annual Conference. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 3, 2019 PAGE 306 Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to appoint Chairman Barfield as the voting delegate for the NACo 2019 Annual Conference. Upon vote, the MOTION PASSED 4-0. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that one person signed up to speak on non-agenda items. Steven Kelly, Vice-Chair of the Cape Fear Public Transportation Authority/WAVE Transit Authority Board (WAVE), stated that in 2018 the City of Wilmington and the County commissioned an expert study to evaluate WAVE’S efficiency and operations. The report was issued in August 2018, and one of the primary recommendations ‑ was WAVE would need some form of dedicated local funding in order to continue providing current levels of service in the future. The organization’s own shortrange transit plan issued in April 2018 identified increasing deficits in each of the coming years, even without the addition of new routes or increased frequency on existing routes. At current levels of funding and without any expansion of service, the annual operating deficit is projected to exceed $300,000 by fiscal year 2022. Capital needs within that time frame will amount to $2.8 million, and he believes that's probably rolling stock. These needs are not factored into these deficits. In the interim since the reports were issued, there have been setbacks such as Hurricane Florence, the federal government shutdown, which affected capital and construction projects in an adverse way, and loss of rural status with regard to state funding ($357,000), reduction in state funding ($170,000) due to declining gas tax revenues, and a loss of the federal alternative fuels tax credit of 50 cents per gallon equivalent. The Medicaid managed care model may adversely affect WAVE as well, as WAVE is currently required to provide transportation. ‑ WAVE’s 2020 fiscal year budget does not contemplate any increase in the number of routes, nor any ‑ increases in the frequency of existing routes as a result of these impacts. Only the revenueneutral aspects of this shortrange transit plan are implemented and the effort is to stay at status quo. The short-range transit plan had called for new routes serving those areas (Monkey Junction and the northern part of the County) as identified by the County in its planning of growth nodes. No routes were included in the 2020 budget due to previously stated reasons. The budget also utilizes $390,000 from WAVE’s fund balance reducing it to $111,000. WAVE is required to maintain an eight percent fund balance and Mr. Kelly is not sure that has ever been achieved. Without a reliable fund balance, it is difficult to respond to the unexpected to make short or long-range planning. Mr. Kelly concluded by stating that WAVE needs the County to impose a $7 vehicle registration fee as was requested in the resolution sent from WAVE in March 2019. The Board is respectfully asked to consider the request and take a vote so WAVE knows how things stand. There is the risk of the loss of public trust of some of the most vulnerable citizens of the County, the working poor, the elderly, and the disabled if WAVE is unable to maintain its present levels of services. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 5:23 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and checkout at all New Hanover County Libraries and online at www.nhcgov.com.