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2021-01-28 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 AGENDA REVIEW MEETING, JANUARY 28, 2021 PAGE 756 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, January 28, 2021 at 4:00 p.m. via in-person and virtually in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr. (virtual); Commissioner Bill Rivenbark; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Kymberleigh G. Crowell. Chair Olson-Boseman called the Agenda Review meeting to order and announced that the purpose of the meeting is to review and discuss the agenda items for the February 1, 2021 Regular Meeting with discussions as noted: Consent Item 3. Approval to Apply for the North Carolina Department of Environmental Quality (NCDEQ) 2021 Community Waste Reduction and Recycling Grant Program. Commissioner Zapple stated the new Community Waste Reduction and Recycling (CWRAR) program is a great program and a good way to save money, while allowing the community to access free compost. Regular Item 5. Status Brief: Covid-19 Vaccinations. Health and Human Services (HHS) Director Donna Fayko provided a brief update on Covid-19 vaccinations. Since the beginning of the pandemic, the total positive Covid-19 cases in the County are 13,138, and of that there have been a total of 122 deaths (74 males, 48 females), of which 89% were over the age of 65. There are currently 1,855 active cases which is 9.5% of the County, and is a decrease since the holiday surge has passed. 19,000 vaccine doses have been received to date. HHS has administered 13,552 doses and transferred about 7,800 to community partners including New Hanover Regional Medical Center (NHRMC), Wilmington Health, MedNorth, and Cape Fear Clinic. Second doses are being administered this week, with 1,600 scheduled for today at four sites, which are HHS, the Senior Resource Center, Martin Luther King Community Center, and Solomon Towers. Staff is tracking those who do not show up for an appointment at the end of each day for the second dose and sending reminders to them. The state has offered new guidance that there is up to 42 days allowed after the first dose to receive the second dose before dosing must start over. In response to Board questions, Ms. Fayko stated the County is one of the best in the state to administer the doses as soon as the supply is received. After 14 days of receiving the second dose, the vaccine is about 95% effective in immunizing against the virus, which leaves a 5% chance of still contracting it. It is unknown how long the immunization will last as the clinical trials are not clear. A brief discussion was held regarding continuing to wear masks and social distancing even after receiving the vaccine. The state is trying to give counties a three-week advanced notice of when the next vaccine shipments will be. The notice HHS received yesterday was that the County would receive 300 doses per week, but more information will be coming by the end of the day regarding supplemental doses. The state is trying to ensure that every county receives doses. Transfers are available between counties and partners if the doses are not used within seven days. There is no vaccine approved for children under the age of 16 at this time, and there is new information for pregnant women, which will be shared at the Board meeting. Regular Item 7. Public Hearing on Rezoning Request (Z20-23) – Request by Hamilton Hicks, Jr. on Behalf of the Property Owners, Dora Lee E. and David Earl Raines Heirs to Rezone Approximately 8.28 Acres of Land Located East of Marjoram Way, Near the 900 Block of North Kerr Avenue from R-15, Residential District, to RMF- L, Residential Multi-Family Low Density District. Discussion was held regarding the subject site, which is within a portion of unincorporated land surrounded by the City of Wilmington (City). Planning and Land Use Interim Director Rebekah Roth provided a brief overview of the site stating that there was a 2009 plan adopted by the City that showed an extension across the subject site within the County’s jurisdiction, which was not learned about until the Planning Board meeting. County staff has held discussions with the adjacent property owner, Mike Kozlosky of the Wilmington Urban Area Metropolitan Planning Organization (WMPO), and City staff to determine the intent of the extension and the legal requirements to make sure the extension happened. Further details will be presented at the Board meeting. Ms. Roth explained that as this is a straight rezoning, the Board cannot place conditions on the request. The adjacent property owner is trying to discuss a potential solution directly with the applicant, but it is not yet known if that has been successful. If a private agreement was made to guarantee the extension, then it would act the same way as a condition would. As to why the adjacent property owner waited to have these conversations, Ms. Roth stated he commented at the Planning Board meeting that there was a delay in the mail due to the holidays, so his receipt of the hearing information was delayed. It is not yet known if the applicant is willing to accept the recommendations. Regarding the letter sent by Jennifer Scott from Shipman and Wright, Ms. Roth stated this would be further addressed at the Board meeting. Because the plan for the connector street was a City plan and if County staff were involved in the amendment in 2009 to show the extension, there is no record of it. It appears the recommendations of that plan were shown in a map for the Market Street Corridor Study that this Board adopted in 2011. It may be because of staff turnover that it is not referenced as part of the rezonings even for properties that are adjacent to that corridor. Staff will research if any of the recommendations are still relevant moving forward. For the traffic impact analysis (TIA) and after conversations with Mr. Kozlosky, the referenced TIA that was prepared in 2009 is no longer valid because of the time that has passed. Ms. Roth confirmed that a TIA is not needed for a straight rezoning and that the applicant did not have to present a TIA as part of the request. Deputy County Attorney Sharon Huffman stated she recommended to Ms. Roth that she provide a thorough summary of the plan at the Board meeting. When the Gingerwood plan was adopted in 2009, it is Ms. Huffman’s understanding that the City was aware this extension was going across County property. It may have been that after the 2009 adoption, the City thought it NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 AGENDA REVIEW MEETING, JANUARY 28, 2021 PAGE 757 would be able to annex the property and build the road. The law has changed since then and the City cannot annex the property anymore to build the road. As such, the adjacent property owner is saying the County needs to make the road happen, however, the County does not build roads and the City cannot annex to build the road. The property owners do not have to build the road if they do not want to and they want to rezone it instead. There are a lot of moving parts, but the County cannot place conditions on the request. In her opinion, the way the County’s ordinance is written, it could not even condition construction of the road even if it were a conditional rezoning. What needs to happen is the applicant, the adjacent property owner, WMPO, the City, and North Carolina Department of Transportation (NCDOT) need to discuss how to build the road. She does not know if the City would agree to build the road if they had the ability to do so. A brief discussion was held regarding the rules that the County must follow for straight rezoning matters. Additional Discussion Items. Commissioner Rivenbark stated he has received phone calls from citizens regarding litter near I-40, Highway 421, and the battleship. County Manager Coudriet stated there is a litter enforcement function within the Sheriff’s Office and Environmental Management Director Joe Suleyman has information as well. Staff will provide an update at the Board meeting on this topic. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 4:33 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.