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2023-08-31 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AUGUST 31, 2023 AGENDA REVIEW MEETING PAGE 880 ASSEMBLY The New Hanover County Board of Commissioners met on August 31, 2023 at 4:03 p.m. for Agenda Review in Conference Rooms 138-139 at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner Dane Scalise; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney K. Jordan Smith; and Clerk to the Board Kymberleigh G. Crowell. Chair Rivenbark 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 September 5, 2023 Regular Meeting with discussions as noted: Consent Agenda Item #3: Consideration of a Resolution for Award of Bid for the Purchase of One (1) Rapid DNA Analysis System with Accessories and Software to Thermo Fisher Scientific in the Amount of $159,000.95. Lieutenant Lauren Carroll with the Sheriff’s Office reported that the Bureau of Justice Administration requested additional special conditions to be put in place for the release of the grant funds. The conditions have been met, and the Federal Bureau of Investigation (FBI) has signed off on the funding release. The Rapid DNA Analysis System has been used by law enforcement for approximately 10 years. DNA profiles are created in about 90 minutes, providing law enforcement that amount of lead time in an investigation to pursue a suspect. Follow-up traditional analysis is performed by a private laboratory. Consent Agenda Item #4: Adoption of a Resolution authorizing application for the Surface Transportation Block Grant Program-Direct Attributable funds for the North College Road Trail construction. Parks and Gardens Director Tara Duckworth stated that most of the multi-use path will be on the Laney High School side. The plan is to start on the opposite side at Gordon Road, go to Murrayville Road, and crossover over North College Road at Murrayville Road. At that point, it will go all the way down to the new library site which is the same side as Laney High School. Regular Agenda Item #5: Consideration of National Senior Center Month Proclamation. Senior Resource Center (SRC) Director Amber Smith stated that during Monday’s meeting she will provide information on how SRCs contribute to the community in terms of providing services for older adults. Regular Agenda Item #6: Joint application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2024 funding in the amount of $80,419 from the U.S. Department of Justice. Chief Deputy Ken Sarvis with the Sheriff’s Office reported that the County has partnered with the City of Wilmington for several years on the grant application. A brief discussion ensued regarding how the security cameras would be used at the County parks to help keep the community safe. Regular Agenda Item #7: Rezoning Request (Z23-14) – Request by Wes Reynolds with SB Cottages Investment, LLC, applicant, to rezone four parcels totaling approximately 7.37 acres of land located at 7641, 7645, and 7647 Carolina Beach Road from R-15, Residential to (CZD) R-5 Residential for a maximum of 46 attached single family dwelling units. Development Review Supervisor Robert Farrell responded to questions stating that to his knowledge, no endangered species survey has been conducted on the property. Under the current R-15 zoning, the property could accommodate a single-family home of the same size at 12,000 square feet, proximity to nearby residences, and height, as there are no specific maximum or minimum requirements for single-family dwellings. As to the potential future gas station, he does not have information about the brand, but a traffic impact analysis (TIA) is being conducted for the site. Upon completion of the TIA, the developer would initiate the rezoning process. The potential commercial development is likely to be positioned between the two entrances of Seabreeze Road. Also, the service road is a state maintained road. Aqua North Carolina, Inc. has indicated the necessity of installing a new well to service the proposed development, without which the project might not be feasible. Developers must provide on-site stormwater management, which must undergo state and county stormwater review processes for any approved development. He confirmed that staff would contact the applicant to ensure the presence of their engineer from Stroud Engineering at Monday’s meeting. If developed under its current zoning, by-right the property could support up to 18 homes. The wetlands on the property are considered jurisdictional wetlands and not regulated by the U.S. Army Corps of Engineers but fall under the category of state waters. The filling of such areas might necessitate state permitting, depending on the type of work involved. A brief discussion ensued regarding the history and development of the subject area. Mr. Farrell responded to questions explaining that staff does not typically respond to submitted public comments. Planning and Land Use Director Rebekah Roth stated that staff recommendations are based on the 2016 Comprehensive Land Use Plan (Plan) recommendations unless technical concerns arise during staff review. The Plan recommends up to eight units per acre and the proposed development is for 6.2 units per acre. There is nothing in the Plan to justify staff pushing back on the level of density, and it would be potentially an arbitrary recommendation, as well as not being in line with what is understood to be the Board's policy directive. Ms. Roth stated that she will provide the Board with the 1986 Seabreeze Small Area Plan which was incorporated in the Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AUGUST 31, 2023 AGENDA REVIEW MEETING PAGE 881 CLOSED SESSION Chair Rivenbark stated that a Closed Session is needed pursuant to North Carolina General Statute (NCGS) 143-318.11(a)(3) to consult with the county attorney in order to preserve the attorney-client privilege between the county attorney and the public body, which privilege is hereby acknowledged. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to enter into a Closed Session pursuant to NCGS 143-318.11(a)(3) to consult with the county attorney in order to preserve the attorney-client privilege between the county attorney and the public body, which privilege is hereby acknowledged. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Rivenbark convened to Closed Session at 4:32 p.m. and stated that all persons not Board members or specifically designated staff were to leave the meeting room. CONVENE TO REGULAR SESSION Chair Rivenbark called the meeting back to order at 5:04 p.m. and reported that pursuant to NCGS 143- 318.11(a)(3), the Board concluded its consultation with its legal counsel. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:05 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 online at www.nhcgov.com.