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2000-04-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 886 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 3, 2000, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen 0 'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew 1. Atkinson, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Chairman Caster requested the Board to include a proclamation on the Consent Agenda declaring "National County Government Week" in New Hanover County. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve the "National County Government Week" proclamation as part of the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Application to the Hazard Mitigation Grant Program for Topographic Mapping of New Hanover County The Commissioners authorized the Planning Staff to submit a Hazard Mitigation Grant application to FEMA to be used to update topographic maps. In light of recent flooding from Hurricane Floyd, the need for updated accurate topographic maps is critical. Recently developed technology makes topographic mapping both more accurate and less expensive. The project will be funded 75% by FEMA and 25% by the State. Approval of Name for Branch Library Located in Landfall Center As requested by the Library Staff, the Commissioners approved naming the branch library in Landfall Center, "New Hanover County Northeast Regional Library." This name will indicate that it serves a larger area than immediate neighborhoods. Authorization for Griffin Grant Writers to Submit Grant Applications The Commissioners authorized Griffin Grant Writers to submit grant applications for the following items: 1. DOT Job Access and Reserve Commute Competitive Grant: The purpose of this grant is to assist the Department of Social Services with transporting low income individuals to their work sites. 2. Justice Office of Juvenile Justice Delinquency Prevention: This grant will fund the Juvenile Mentoring Program and a portion of the Pathways Program, which will free up dollars for needed intervention programs. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 887 3. Department of Justice Community Oriented Policing Services: This grant will assist with funding School Resource Officers in New Hanover County Middle Schools. 4. Health and Human Service Substance Abuse Mental Health Services Administration - Schools and Community Action Grants: This grant will provide a multi-agency effort to work with youth in the community that are in need of special attention to succeed and stay out of the criminal environment. 5. State Highway Safety Project Grant: This is a request by the Sheriff to purchase two vehicles and radios for seven officers. Existing federal funds will be used for the required county match. The grant is in the amount of$50,341.25 with a local match of$15,413.75. Approval of Veterans Park Phase IB Water Storage Tank The Commissioners awarded a contract to Caldwell Tank, Inc., the low bidder, in the amount of$632,500 for water storage tank portion of the Infrastructure Package for the Veterans Park site. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Adoption of Proclamation Declaring April 9-15, 2000 as "National County Government Week" in New Hanover County The Commissioners adopted a proclamation declaring the week of April 9-15, 2000 as "National County Government Week" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 6. ADOPTION OF RESOLUTION PROCLAIMING SATURDAY, APRIL 22, 2000 AS "EARTH DAY" IN NEW HANOVER COUNTY Mr. Andy Woods presented a poster on the events that will be held during the week of Earth Day. He requested all persons to attend the Earth Day Celebration Day on Saturday, April 22, 2000, from 9:00 a.m. until 5:00 p.m. in Hugh MacRae. The event includes displays by local environmental groups, demonstration projects, guest speakers, music, stewardship awards, poster/art/photo contests, games and fun for students, teachers, children and adults. A highlight of the day will be a demonstration by a company that manufactures electric vehicles with a display of automobiles, motor scooters, and motorcycles. Chairman Caster called for a motion to adopt the resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adopt a resolution proclaiming Saturday, April 22, 2000, as "Earth Day" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. On behalf of the Board, Chairman Caster presented the resolution to Mr. Andy Wood and he encouraged all citizens to participate in the activities and events that are scheduled for Earth Day. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 6. ADOPTION OF RESOLUTION TO APPROVE PRIORITIZATION PLAN TO BE SUBMITTED TO THE HAZARD MITIGATION GRANT PROGRAM VOLUNTARY ACQUISITION PROJECT Staff Planner, Chris O'Keefe, requested the Board to adopt a resolution to approve the prioritization plan to be submitted to the Hazard Mitigation Grant Program Voluntary Acquisition Project. The program stipulates that in order for property owners to qualify, they must meet several minimum requirements set by the Federal Emergency Management Agency (FEMA) and the North Carolina Department of Emergency Management (NCDEDM). The Hazard Mitigation Grant NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 888 Program is funded 25% by the State and 75% by FEMA. No County funds are required. Properties that meet these requirements must be ranked according to an approved prioritization plan as follows: 1 Amount of damage to structure 2 Repetitive nature of flood events 3. Property occupancy status at time of flood (owner/renter/vacant) 4. Contiguous to qualifying buyout property Motion: After discussion of the need to move forward with the acquisition program for eligible persons who suffered severe damage to their homes, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution approving the prioritization plan for the Hazard Mitigation Grant Program. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 6. ADOPTION OF PROCLAMA TION DESIGNA TING APRIL 9-15 AS VOLUNTEER WEEK IN NEW HANOVER COUNTY Chairman Caster read a proclamation designating April 9-15, 2000 as "Volunteer Week" in New Hanover County. He requested the Board to adopt the proclamation. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt a proclamation designating April 9-15, 2000, as Volunteer Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 6. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 6:45 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 6:49 p.m. ADDITIONAL ITEMS Status Report on Riverwalk Plaques County Manager O'Neal informed the Board that the County's education Riverwalk plaque should be received next week and located along the Riverwalk Meetings Scheduled with the Airport Authority and the Wilmington City Council Chairman Caster announced that the Airport Authority would like to schedule a j oint meeting with the Board of County Commissioners for a status report on airport activities. The Authority has requested the meeting to be scheduled on a Friday morning. Consensus: After discussion, it was the consensus of the Board to schedule a joint meeting with the Airport Authority on May 5, 2000, at 7:30 a.m., in the Second Floor Conference Room at the Airport beginning with breakfast and followed by the meeting. Chairman Caster announced that the date of May 10, 2000, has been selected as a convenient time for the Board of County Commissioners and City Council to hold the next consolidation meeting. Discussion followed on where the joint meeting should be held. County Manager O'Neal stated that discussion has been held on holding the meeting in Council Chambers so it can be televised. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 889 Commissioner Birzenieks asked if a presentation could be held at the joint meeting to honor the Seahawks Basketball Team. County Manager O'Neal responded that Public Information Officer, Mark Boyer, was working on this presentation. Consensus: It was the consensus of the Board to schedule a joint meeting with the Wilmington City Council on May 10, 2000, at 5:30 p.m. in Council Chambers to continue discussion of consolidation. The Clerk to the Board was requested to confirm the date and report back to the Board. Discussion of Presentation to be Made to the City Parks & Recreation Advisory Board on the Open Space and Parks Bond Referendum Chairman Caster reported that Mr. Jim Medlin has requested a County Commissioner to assist with a presentation to be made to the City Parks & Recreation Advisory Board on April 19, 2000, at 5:30 p.m. in the Parks Building located at Third and Willard Streets. He asked if a County Commissioner would like to volunteer to attend the meeting. Commissioner Birzenieks volunteered to attend the meeting. General Electric Tax Appeal to be Presented at the Board of Equalization and Review Meeting Scheduled for May 1, 2000 Chairman Caster advised that the Tax Administrator has suggested hearing the General Electric tax appeal at the Board of Equalization and Review meeting scheduled for May 1, 2000, at 9:00 a.m. Commissioner Davis stated that he may not be able to attend the meeting because he could be involved in a trial. Consensus: It was the consensus of the Board to schedule the General Electric tax appeal on May 1, 1999, at 9:00 a.m. Adoption of Proclamation Declaring April, 2000 as "Fair Housing Month" in New Hanover County Chairman Caster requested a motion to adopt a proclamation declaring April 2000 as "Fair Housing Month" in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a proclamation declaring April 2000 as "Fair Housing Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 6. PUBLIC HEARING TO CONSIDERA REQUEST FROM CHARLIE HOLLIS FOR JACK MCPHAIL TO ISSUE A SPECIAL USE PERMIT TO ALLOW A COMMUNITY BOA TING FACILITY ON MASONBORO SOUND ROAD JUST NORTH OF THE OYSTER BAY SUBDIVISION (S-453, 3-2000) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Charlie Hollis Roy Harkin Ronald P. Gregoire NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 890 Planning Director Dexter Hayes reported that several members of the adjacent subdivisions to the north and south expressed concern about the proposed community boating facility. Concerns were raised about riparian access, dredging, water exchange in the marina, engineering for the proposed wall, and safety. After significant discussion and deliberation, the Planning Board at its March 2, 2000 meeting, voted 5-1 to approve the petition with the following conditions: 1. Limit boat slips to 10. 2. The northern proposed retaining wall shown on the plan as 360 feet be reduced to 260 feet provided that the shorter length does not preclude having 10 boat slips. 3. The proposed facility does not obstruct riparian rights of adjacent properties. 4. A subdivision plan is filed prior to the issuance of the Special Use Permit. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The subject property is served by a private well and septic tank. B. The site is located in the Winter Park Volunteer Fire Department District. C. Access to the facility will be conferred to the residents of the proposed subdivision. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. The subject property is zoned R-15 and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-15 zone. B. The Zoning Ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds and conservation resources. The petitioner has applied for permits with CAMA and the U.S. Army Corps of Engineers. C. Off-street parking must be provided on site at one space per boat slip or on nearby residential lots. D. The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. (A subdivision site plan has not been submitted to the Planning Department. The petitioner will submit a subdivision plan based on the number of approved boat slips.) E. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies, and foodstuffs shall be strictly prohibited. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: A. The surrounding land use is residential. The surrounding zoning is R-15. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 891 B. The adjacent subdivision to the south has an existing community pier. The facility proposed by the petitioners will use the same channel for access. Several of the residences have existing private residential piers. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. New Hanover County land use policies encourage the consolidation of riparian access. B. County policies state that the development of marinas should be allowed as a means of providing public access provided they do not adversely affect estuarine resources or public trust waters. Marinas should not be allowed in primary nursery areas. High ground facilities are acceptable. Discussion followed on the boat slips being located in a primary nursery area. Planning Director Hayes explained that the Zoning Ordinance does allow a small boating facility in high ground provided that dredging does not occur. Commissioner Birzenieks asked if the Special Use Permit has to be approved by the Board of County Commissioners before requesting a CAMA permit. Planning Director Hayes responded that local approval through a Special Use Permit must be received before the necessary CAMA permits are issued. Commissioner Davis asked Planning Director Hayes if he felt there was enough room for egress and ingress in the channel. Planning Director Hayes explained that only a small number of boats were involved because only half of the slips are used in the existing marina. Based on the number of boats and size of boats, there should be enough room. Chairman Caster asked if the petitioner would like to speak. Mr. Charlie Hollis, representing the petitioner, Mr. Jack McPhail, advised that the McPhail's family had lived in this area for years. Two years have been spent in trying to prepare a plan that will be environmentally sensitive to the area. After discussing this issue with CAMA, it was found that no dredging can be performed on the site. The proposed boat slips are to be placed north of the Oyster Bay dock and the plan will require a retaining wall to be placed on the northside of the channel. This wall will allow digging to the depth of the Oyster Bay channel without impacting the environmentally sensitive areas. A permit application has been submitted to CAMA which will require an arduous review process. In order for CAMA to move forward with issuing the necessary permits, the Special Use Permit is needed from the local level. Mr. Hollis advised that one concern of the neighbors living in the southern part of Oyster Bay was the close proximity of the basin edge to their property lines. This is not an engineered project, but it is a concept with many technical problems that will have to be resolved before the plan is finalized and approved. The Planning Board shortened the length of the retaining wall by 100 feet which should move the boat slips further away from property owners. Commissioner Davis asked Mr. Hollis if the Board approves the Special Use Permit, will the project still have to be approved by CAMA and the Corps of Engineers. Mr. Hollis explained that the project had been a joint process with CAMA and the Corps of Engineers. CAMA has a much broader interest in environmental issues, and navigation is the main concern of the Corps of Engineers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 892 Commissioner Birzenieks asked Mr. Hollis if the petitioner agreed with the conditions recommended by the Planning Board. Mr. Hollis responded that the petitioner was in agreement with the conditions. Commissioner Howell stated that one alternative mentioned was to approach the Oyster Bay Homeowners Association about expanding their facility instead of constructing a new boating facility. He asked why the petitioner was not in favor of this idea. Mr. Hollis responded that he had tried to encourage the Oyster Bay Homeowners Association and the petitioner to see if an agreement could be reached to expand the Oyster Bay boating facility; however, due to major changes, interests of both parties have not been resolved. He also noted that this door had not been completely closed. Chairman Caster asked if any other persons sworn in would like to testify. Mr. Ronald Gregoire, a representative of the Oyster Bay Subdivision, showed a picture of small fish in the primary nursery area and stated the current proposal is not consistent with the Wilmington-New Hanover County CAMA Land Use Plan under Paragraph 4.8 and 4.10. He listed the following concerns of the neighbors in Oyster Bay: (1) The impervious runoff from the proposed boating facility has not been addressed according to the Conservation Overlay District regulations. (2) With the narrow neck of the channel, there is no design in the plan to show that water in the basin will not become stagnant even with tidal changes. (3) No engineering has been performed on the amount of room from the bulkhead line to Oyster Bay properties to ensure the bulkhead can be adequately tied down. If the bulkhead should collapse, the access road and utilities would be severely impacted. (4) When the basin is dug, the spoils will be placed on the west side which will raise the mud flat and create a runoff problem for adjoining property owners in Oyster Bay. No engineering design has been presented to mitigate this problem. (5) The proposed basin and parking lot will be located in front of several existing homes which will create a noise and lighting problem. (6) There is concern about 200 to 300 feet of bulkhead running along a roadway that is used by children in both developments. (7) If the proposed docks are not secure enough to sustain hurricanes, they could pose a real threat to adjacent property owners. In concluding his remarks, Mr. Gregoire suggested that the petitioner and representatives of the Oyster Bay Homeowners Association should meet to see if an agreement can be reached to expand the existing facility to protect this environmentally sensitive area and reduce the impact on adjacent homeowners. Mr. Roy Harkin, an adjacent property owner to the north, stated that he and his wife do not object to the boating facility because environmental impacts have already occurred. The area is closed to shellfishing and wildlife is no longer present. When looking up or down the waterway, there are numerous docks protruding into the water. These are environmental hazards ecologically. When hurricanes strike, a large number of docks wash up in yards, which are costly to remove. These are issues of concern; however, the project proposed by Mr. McPhail will have a minimal environmental impact on the area today, and Mr. McPhail should not be deprived of the right to use his property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 893 Mr. Bert Lea, an adjacent property owner, advised that residents have been assured that the proposal will not affect egress and ingress; however, it does not appear this matter has been addressed in the plan. There is also concern about raising the level of the mud flat, which could create a drainage problem for adjacent neighbors. He said that he was not opposed to Mr. McPhail having a basin, but it was imperative for some protection to be provided to adjacent property owners. Commissioner Davis asked Planning Director Hayes ifhe was comfortable with the proposed project. Planning Director Hayes responded that Staff was concerned about the amount of dredging that would be allowed in the primary nursery area; however, CAMA policies and State regulations should discourage dredging in primary nursery areas. Commissioner Howell suggested placing a condition in the Special Use Permit requiring directional lighting and moving the bulkhead from 15 feet to 25 feet. Commissioner Davis recommended requiring a certified engineer to design the bulkhead to ensure there is enough room for navigation to properly tie down the bulkhead. Mr. Hollis agreed with conditions suggested and stated the petitioner will not object to any action that can be taken to avoid damage to adjacent property owners. Chairman Caster asked Mr. Hollis ifhe agreed with the findings as presented by the Planning Director. Mr. Hollis concurred with the findings as presented by the Planning Director. Chairman Caster closed the Public Hearing. Motion: After discussion of the recommendation by the Planning Board, Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to grant a Special Use Permit to allow a community boating facility to be located on Masonboro Sound Road just north of Oyster Bay Subdivision subject to the four conditions of the Planning Board, use of directional lighting, movement of the bulkhead edge from 15 feet to 25 feet, and require the bulkhead to be designed by a certified engineer based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY FLORENCE NEWELL TO REZONE .55 ACRES ON THE EAST SIDE OF THE INTERSECTION OF OLEANDER DRIVE AND N. BAGLEY AVENUE FROM R-15 RESIDENTIAL TO 0&1 OFFICE AND INSTITUTION (Z-693, 03/2000) Chairman Caster opened the Public Hearing Planning Director, Dexter Hayes, reported that the petitioner was requesting a rezoning from R-15 Residential to 0&1 Office and Institution at the corner of Oleander Drive and Bagley Avenue. At the Mach 2, 2000, Planning Board meeting, the petitioner presented the plan and no one from the public spoke in opposition. The Planing Board voted unanimously to approve the rezoning request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 894 Planning Director Hayes reported that Staff felt with the existing institutional uses nearby and the church property serving as a buffer to further encroachments, it would be appropriate to approve the rezoning request. However, rezoning this corner will probably set a precedent for future rezonings along Bagley Avenue, which will ultimately decrease the residential appeal of the street. Chairman Caster asked if anyone from the public would like to speak in opposition to the rezoning request. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to rezone 0.55 of an acre located on the west side of the intersection of Oleander Drive and Bagley Avenue to 0&1 Office and Institution from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.6 OF NEW HANOVER COUNTY, NORTH CAROLINA, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 75. PUBLIC HEARING TO CONSIDER A REQUEST BY JON VINCENT FOR MYRTLE GROVE BUSINESS PARK, LLC TO REZONE 2.02 ACRES AT 5658 AND 5662 CAROLINA BEACH ROAD FROM 0&1 OFFICE AND INSTITUTION TO B-2 HIGHWAY BUSINESS (Z-694, 03/2000) THE PLANNING BOARD RECOMMENDED CD (B-2) WITH B-1 AND 0&1 USES ONLY Chairman Caster opened the Public Hearing and announced that the conditional use process requires all persons wishing to testify to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jon T. Vincent Wesley Nixon Barbara Dinkins Planning Director Dexter Hayes reported that based on discussion during the March 2, 2000, Planning Board meeting and based on the petitioner's presentation of the site plan, the Planning Board recommended that the petitioner modify his request to a Conditional Use (B-2) rezoning with uses restricted to those permitted in the B-1 and the 0&1 Districts. No one from the public spoke in opposition to the Conditional District(B-2) zoning with uses restricted to B-1 and 0&1 uses. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (1) Water and sewer will be provided on site. (2) The site will have primary access from Carolina Beach Road and secondary access from John Henry Drive located to the rear of the property. (3) The site will be served by Myrtle Grove Volunteer Fire Department. (4) This site does not fall within the 100-year flood zone and does not contain conservation resources. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 895 (5) The proposed site is located in a heavy commercial and professional office environment off Carolina Beach Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. One existing building with approximately 1,875 square feet is located on site. B. Phase I of the project will consist of retail space of approximately 14,400 square feet with 4 attached structures and 2 detached structures. C. Phase II of the project will consist of 2 detached structures totaling 16,000 square feet. D. Partitions, Inc will occupy approximately 7,800 square feet (3 attached structures). E. Parking requirements will be in accordance with Section 81 of the County's Zoning Regulations. The applicant's site plan displays 143 spaces. F. Setback and buffer yard requirements will be dictated by the height of each structure in accordance with Section 67-4 of the County Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A Proper landscaping, setbacks, and buffer yards (front and rear of site) should mitigate impacts to Carolina Beach Road and John Henry Drive. B. Other similar type professional office and commercial use exist nearby along Carolina Beach Road. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. The 1999 Land Classification Plan identifies this area as "Developed." Intensive development and redevelopment are encouraged in these areas. B. As noted, other similar uses such as commercial and professional offices exist nearby. Commissioner Davis asked if Staff agreed with the rezoning request and was the use consistent with the Land Use Plan. Planning Director Hayes responded that Staff is in favor of the proposed request and stated the use is consistent with the Land Use Plan. Chairman Caster asked if the petitioner would like to speak. Mr. Jon T. Vincent, the petitioner, presented pictures of the Myrtle Grove Business Park, a four lot development south of Monkey Junction. He requested the Board to rezone 2.02 acres from 0&1 Office and Institution to CD(B-2) with uses restricted to the B-1 and 0&1 uses. He said that after working with the Planning Board, the application was resubmitted for a conditional use format. Mr. Vincent presented a chart showing the design of the buildings. Small retail uses will be located on the first floor of the structures and offices will be located on the second floor. The design will blend well with existing buildings. He requested the Board to support the project and approve the rezoning request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 896 Chairman Caster asked Mr. Vincent if he concurred with the findings presented by the Planning Director. Mr. Vincent agreed with the findings as presented. Chairman Caster asked if any other persons sworn in would like to present testimony. Mr. Nixon, a resident of 5673 Carolina Beach Road, expressed concern for continued commercial encroachment into his neighborhood. He urged the Board to allow the property to remain zoned Office and Institution. Ms. Barbara Dinkins, a resident of 1017 Rosa Parks Lane, expressed concern for mixed zoning and advised that residents felt Office and Institution uses would be better for this transitional area because of traffic concerns. Planning Director Hayes explained that mixed uses will allow small neighborhood retail uses, such as hair salons, repair garages, etc. as well as office and institution uses. The plan will remain the same. Chairman Caster asked if any other persons sworn in would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to rezone 2.02 acres located at 5658 and 5662 Carolina Beach Road to Commissioner Davis CD Conditional Use (B-2) Highway Business with the uses restricted to those permitted in the B-1 and 0&1 Districts and to grant a Special Use Permit for a Conditional Use Zoning District based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications ofthe Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.4 OF NEW HANOVER COUNTY, NORTH CAROLINA, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 59. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY TERRY TURNER FOR FOGELMAN, SAFFO & TURNER, INC., TO REZONE 68.37 ACRES ON THE WEST SIDE OF CAROLINA BEACH ROAD ADJACENT TO MONTEREY HEIGHTS SUBDIVISION FROM R-15 TO R-IO (Z-695, 03/2000) Chairman Caster opened the Public Hearing Planning Director, Dexter Hayes, reported that the property is classified as transition with the availability of water and sewer services to the site, which makes it eligible for R-IO zoning. Several property owners from the adjacent Tidalholm Subdivision expressed concerns about drainage and their property values decreasing if the rezoning is approved. Primary discussion was held on the existing stormwater management pond that overflows during heavy rainfalls. The petitioner described in great detail the drainage plan and stated the proposed development will not affect the Tidalholm Subdivision. The Planning Board voted unanimously to approve the petitioner's request at the March NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 897 2, 2000, meeting. Commissioner Davis asked if Staff recommends approval of the rezoning request. Planning Director Hayes responded that Staff was in favor of the rezoning, and it was consistent with the Land Use Plan. Chairman Caster asked if anyone present would like to comment. Attorney Bill Lynch, representing Terry Turner, Mickey Fogelman and Doug Saffo, reported the developers of the proj ect are well respected in the community. He requested Mr. Turner to briefly describe the property and the drainage plan for the site. Mr. Terry Turner, one ofthe petitioners, reported after holding meetings with the Engineering Department, a plan was developed to handle the stormwater runoff to avoid downstream flooding. Meetings have been held with adjacent neighbors, and they are confident that the proposed drainage plan will provide better drainage for the entire area. Chairman Caster asked if anyone from the public would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to rezone 68.37 acres from R-15 Residential to R-I0 Residential located on the west side of Carolina Beach Road adjacent to Monterey Heights Subdivision as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 59. BREAK Chairman Caster called a break from 8: 17 a.m. until 8:30 a.m. PUBLIC HEARING TO CONSIDER A REQUEST FROM HOWARD CAPPS, REPRESENTING THE Y A WEH CENTER, FOR ISSUANCE OF A SPECIAL USE PERMIT TO ALLOW A YOUTH PERSONAL CARE FACILITY AT 5337 BLUE CLAY ROAD (S- 454,03/2000) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Howard Capps Charlie Rivenbark Carla 1. Roberts Ned Marable Planning Director Dexter Hayes reported that the Yahweh Center plans a "Children's Village" to provide residential care for up to 24 children under 12 years of age who have been the victims of abuse and neglect. The Center is a partnership of the church, corporate, civic and individuals in various communities. The Yahweh Center on Wrightsville Avenue is no longer adequate for their needs. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 898 Planning Director Hayes advised that the Planning Board voted 6-0 to approve the request with the condition that visual impacts be minimized by retaining existing vegetation as shown on the front portion of the property. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. Well and septic systems are proposed on site. Future community water and public sewer are also proposed. B. Primary access to the facility will be from Blue Clay Road, which is a collector road based on the New Hanover County Thoroughfare Classification plan. C. Fire protection will be provided by the Castle Hayne Volunteer Fire Department. D. This site is not within the 100-year flood zone nor does it contain conservation resources. E. Daily traffic data from 1997 north ofthe site at the intersection of Blue Clay Road and Holly Shelter Road shows an average of 980 vehicles. F. The site plan displays a fence around the perimeter of the property. A gate is also proposed for the entrance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Personal care facilities are permitted by special use in an R-15 Residential Zoning district. B Adequate setbacks and buffering requirements will be utilized to mitigate adjoining land uses north and south of the site. C. The site plan displays a total of 49 parking spaces. Approximately 48 spaces are required. D. Other site plan technical specifications meet the intent of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. Four (4) residential and two (2) future cottages are displayed on the plan. No more than six (6) children will occupy each cottage. B. Open space consisting of a playground and garden area are proposed on site. C. An administrative building and activity barn will be located in the existing B-2 Highway Business District located at the western end of the site. D. NCDOT Offices will adjoin the property to the west. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 899 located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. The 1999 Land Classification Plan identifies this area as Resource Protection. Generally, residential densities greater than 2.5 units per acre shall not be permitted. Compatible commercial and industrial development may be located within the resource protection class as long as important resources are not adversely impacted. B. No statistical data has been presented indicating that adjoining land values will decrease if the proposed use is developed. C. A mixture of single family structures (stick built and mobile homes) exists nearby. Chairman Caster asked if the petitioner agreed with the findings presented and the condition recommended by the Planning Board. Mr. Howard Capps, representing the Yahweh Center, concurred with the findings presented and agreed with the one condition recommended by the Planning Board. Chairman Caster asked if other persons sworn in by the Clerk to the Board would like to testify. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to grant a Special Use Permit to the Yahweh Center to locate a youth personal care facility at 5337 Blue Clay Road subject to the condition ofthe Planning Board and based upon the evidence and findings offact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. REQUEST FOR SEWER TO KINGS GRANT SUBDIVISION Ms. Betty Scott, a resident of the Kings Grant Extension, reported in January, a petition was presented to the Board of County Commissioners with 168 signatures of Kings Grant residents requesting the County to provide sewer to this area. She stated there are serious health problems in the community and no response has been received from the County as of this date. After discussing this matter with the Engineering Department, she was told that money from the bond issue has been spent. At the last meeting ofthe County Commissioners, the Health Department made a presentation about health concerns in this area. Septic systems are failing daily and the residents cannot wait another nine to fifteen years to receive sewer. She urged the Board not to forget these residents and move forward with providing sewer to this area. Chairman Caster expressed appreciation to Ms. Scott for the presentation and assured her that the Board was aware of this situation and that Staff was working with the Health Department to try to resolve this matter. PUBLIC HEARING TO CONSIDER A REQUEST FROM JOEY HILL, REPRESENTING NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 900 SOUTH COLLEGE ROAD ASSOCIATES, FOR ISSUANCE OF A SPECIAL USE PERMIT TO MODIFY A HIGH DENSITY PROJECT BY ADDING 2.24 ACRES LOCATED WITHIN THE LAKES@JOHNSONFARMS SUBDIVISION (S-455, 03-2000) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Joey Hill Planning Director Dexter Hayes reported that originally the 7 -lot phase was inadvertently left out of the original preliminary approval of The Lakes@JohnsonFarms in September 1996. In 1996, The Lakes was approved by the Planning Board's Technical Review Committee (TRC) for a total of 547 lots. At the time of approval, special use permits were not required. Based on the site plan submitted, all 7 lots will be absorbed into the original project. Site plan technical specifications have been met, and all infrastructure improvements have been completed. Planning Director Hayes reported that the Planning Board voted unanimously to approve the request at the March 2, 2000, meeting, and he entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. Public water and sewer service will be provided. B. The site will have access to Carolina Beach Road. C. The site is served by the Myrtle Grove Volunteer Fire Department. D. The property does not lie within the 100-year flood zone. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Seven (7) lots are proposed based on the site plan. B. Setbacks and buffering from adjoining land uses will be met. C. Site plan technical specifications meet the intent of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: A. Proper setbacks will be utilized to mitigate impact to adjoining land uses to the west. B. Similar type residential land uses exist nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. The 1999 Land Classification Plan identifies this area as Developed. Densities greater NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 901 than 2.5 units per lot per acre may be permitted. B. Single family detached homes are proposed. Other single family detached structures are located nearby. Chairman Caster asked if the petitioner would like to speak. Ms. Cindee Wolf, representing the petitioner Mr. Joey Hill, reported that the petitioner was satisfied with the findings of facts and conditions as presented. Chairman Caster asked if anyone sworn in would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to grant a Special Use Permit to the Lakes @ Johnson Farms Subdivision to include the 7 lots into the original project based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST BY CINDEE WOLF, REPRESENTING JACKSON INVESTMENTS, INC., TO REZONE .50 OF AN ACRE LOCATED AT 7735 MARKET STREET FROM R-15 RESIDENTIAL TO CD (0&1) CONDITIONAL USE OFFICE AND INSTITUTION (Z-698, 03/2000) Chairman Caster opened the Public Hearing and announced that the conditional use process requires a quasi-judicial hearing and he requested all persons wishing to testify to step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Cindee Wolf Planning Director Dexter Hayes reported that the Planning Board voted unanimously at its March 2, 2000, meeting to approve the rezoning request and agreed with Staff that the rezoning should be for CD(B-2) Conditional Use Highway Business. The recommendation to approve the petition was based on the submitted site plan and under the same use restrictions as the adjacent CD(B-2) District. The adjacent uses are restricted to landscape services and offices. Planning Director Hayes reported that the petitioner is requesting a conditional use office and institutional rezoning from R-15 Residential. The site is directly adjacent to an existing CD(B-2) District approved in October 1997. The site plan proposes to have a shared access for a one building expansion of the existing office park. The proposed footprint of the new building is 3,000 square feet. The site plan meets all of the required setbacks and bufferyards and appears to be in keeping with adjacent offices and the residential area. This rezoning is essentially an expansion of an existing use. Staff is confident that the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 902 expansion of this project will be in keeping with that standard of development. In the interest of having a consistent land use pattern for these adjacent parcels, Staff recommends that the proposed zoning be modified to CD(B-2) so that it can be incorporated into a single site plan for the property. However, these uses need to be specified in the Special Use Permit. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The site is located in the Ogden Volunteer Fire District B. The site is served by an on-site well and septic system. C. Access to and from the site is proposed through the adjacent parcel's existing curb cut on Market Street. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. A site plan pursuant to the ordinance has been submitted. B. All other setbacks can be met. C. Several trees will be preserved and incorporated into the design of the site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. The site plan shows the required minimum 20 foot bufferyard from the adjacent residential zone. B. The site plan meets the SHOD requirements. C. Incorporating the existing entrance into the design allows for less disturbance along the street front which will ultimately create a less intrusive project and will allow better traffic movements. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. The site has direct frontage on Market Street and there are other conditional use districts located along the road, including the adjacent Conditional Use B-2. Chairman Caster asked if the petitioner would like to speak. Ms. Cindee Wolf, representing the petitioner, agreed with the findings as presented by the Planning Director. Chairman Caster asked if any other persons sworn in would like to comment. No comments were received. Chairman Caster closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 903 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to rezone. 50 of an acre located at 7735 Market Street from R-15 Residential to CD(B-2) Conditional Use Highway Business and to grant a Special Use Permit for the conditional use district based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 42. A copy of the Special Use is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. PUBLIC HEARING TO CONSIDER A REQUEST FROM DEBORAH HAMMONDS FOR A SPECIAL USE PERMIT TO ALLOW A CHILD DAY CARE FACILITY AT 2238 YULAN DRIVE IN SIL VA TERRA SUBDIVISION (S-456, 03/2000) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Deborah Hammonds Planning Director Dexter Hayes reported that the Planning Board recommends approval of the request. One recommended condition was to require an adequate turn-around exit for drop-offs and pick-ups and to require adequate availability of parking during peak periods in the morning and afternoons. No one from the Silva Terra neighborhood was present in favor or in opposition to the request. Planning Director Hayes entered the following findings into the record: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. Community water and County sewer are in place. B. The residence has direct access from Yulan Drive in Silva Terra. C. Silva Terra is served by the Myrtle Grove Volunteer Fire Department. D. According to a survey of the property, the area is not located within the 100-year flood zone. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Home daycare operations are permitted by special use in residential zoning districts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 904 B. Adequate open space along with a fenced-in back yard and playhouse already exist. C. Parking will be utilized by an existing driveway and yard on the petitioner's property. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. A home daycare operation consisting of five (5) children has been in existence for eleven (11) years. Residential concerns have not been raised. Three (3) additional children are proposed. B. Similar type operations exist in residential districts throughout New Hanover County. C. No evidence has been presented that residential daycare operations decrease the value of adjoining property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development ofN ew Hanover County based upon the following findings: A. The 1999 Land Classification Plan identifies this area as Developed. Densities greater than 2.5 units per acre may be permitted. B. The existing daycare facility will not increase in size with the addition of three (3) children. Chairman Caster asked if the petitioner would like to comment. Ms. Deborah Hammonds agreed with the findings as presented by the Planning Director and the condition to provide turn-around parking as recommended by the Planning Board. Chairman Caster asked if other persons sworn in by the Clerk to the Board would like to testify. No comments were presented. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to grant a Special Use Permit to Deborah Hammonds to establish a child daycare facility at 2238 Yulan Drive in Silva Terra Subdivision subject to the turn-around requirement recommended by the Planning Board based upon the evidence and findings of fact concluding that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 5. APPROVAL OF AMENDED RFQ/RFP PROJECT EXPEDITER PROCESS FOR THE NEW JAIL FACILITY County Manager O'Neal presented a draft letter to be used for selecting a project expediter for the new Jail Facility. He offered to answer any questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 905 Discussion was held on the responsibilities ofthe project expediter. County Manager O'Neal requested the Board to look at Pages 78 and 79 in the agenda packet that outline the responsibilities of the project expediter, the architect, Freeman White, and professional services to be provided by Carter Goble. He explained that Page 78 deals with each entity under a multi-prime arrangement, and Page 79 deals with each entity under a single prime arrangement. Commissioner Davis said it was his understanding that a project expediter would not spend as much time on a single prime arrangement as a multi-prime arrangement. At the continued meeting of March 13, 2000, the Board voted to require persons interested to submit a bid based on qualifications as well as the amount of money to be saved by the County and how the project expediter would accomplish this goal. He asked if any changes had occurred since this action was taken. County Manager O'Neal responded that the information in the agenda was prepared according to the action taken on March 13, 2000; however, at the Thursday morning staff meeting, the members present requested Staff to delete Item 3 on Page 75 and remove Item 10 on Page 76. County Attorney Copley explained that since the project expediter would not be hiring persons, the indemnification clause under Item 10 was not needed. Chairman Caster explained that during the Thursday morning staff meeting, the members of the Board decided it would be better to select the project expediter based upon qualifications with the price being negotiated at a later date. Commissioner Birzenieks said that after a lengthy discussion about this issue on Thursday, he felt strongly that the paramount issue should be qualifications and experience. If the cost is included as part of the proposal, a firm can submit a low-ball bid without qualifications and expenence. Commissioner Davis stated that when the concept ofa project expediter began, the Board was informed that time and money would be saved by the expediter because the County was now spending approximately $125,000 per month transporting inmates to and from other jail facilities throughout the state. The idea was to reduce the construction time to save money for the County. Commissioner Davis said that he was not opposed to the concept of a project expediter, but he could not see how money could be saved unless the Board is informed how much money will be paid to the expediter and how the expediter can save money for the County. If money is not going to be saved, an expediter should not be hired. The taxpayers have a right to know if money will be saved. He expressed concern for not following this process. Vice-Chairman Greer stated that he respected Commissioner Davis' concerns but noted that a majority of the Board would like to proceed with hiring a project expediter based upon qualifications and experience with the fee being negotiated after a firm is selected. If a reasonable price cannot be negotiated, another firm will be considered. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to move forward with hiring a project expediter based on qualifications and experience with the fee being negotiated after a firm is selected. County Manager O'Neal informed the Board that eight firms have expressed an interest in submitting a proposals based on qualifications and a fee based proposal. Commissioner Davis said if a fee based proposal is used, the County will know how much money will be saved by a project expediter. Commissioner Birzenieks stated that the fee can be part of the discussion when interviewing the firms submitting proposals. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 906 Commissioner Davis responded that it will be impossible to ensure taxpayers that money will be saved if a fee based proposal is not submitted. He expressed concern for discussing this issue in length at the March 13 meeting, and changing direction at the Thursday morning staff meeting. Chairman Caster said the Board did not approve the mechanism to be used on March 13, 2000. County Manager O'Neal said the Board must decide on the process to be used to select a project expediter. At the March 13 meeting, the Board decided to hire a project expediter with Staff being requested to prepare a draft RFQ/RFP and place this item on the April 3, 2000 agenda. The draft was prepared as directed, and on Thursday, the draft was revised. Substitute Motion: Commissioner Davis MOVED, SECONDED by Chairman Caster, to authorize Staff to proceed with a combined Request for Qualifications/Request for Proposals soliciting responses from interested firms for a Project Expediter for the new jail facility on Blue Clay Road. Vice-Chairman Greer asked Commissioner Davis what will happen if a company purposely submits a proposal with a low-ball price, and the Board selects the firm without a complete background on the qualifications and experience of that firm. He stated, in his opinion, the project expediter should be selected based upon qualifications and experience. If a reasonable price cannot be negotiated, the Board does not have to select that firm. Commissioner Birzenieks asked County Manager O'Neal if the County had ever solicited a contract for professional services and asked for qualifications and experience as well as price. County Manager O'Neal responded that traditionally a professional service contract is based on qualifications; however, a project expediter is a new concept, and the new jail is a large complicated construction project. By using qualifications and a fee proposal to select a project expediter, the County will have more flexibility in evaluating the proposals submitted. County Attorney Copley advised that a fee cannot be requested when submitting a bid for an architect under North Carolina General Statutes; however, when submitting a bid for a service contract, the Board can decide whether to use qualifications and experience, or a fee proposal as well as qualifications and experience. Chairman Caster called for a vote on the substitute motion to authorize Staff to proceed with a Request for Qualifications/Request for Proposals, soliciting responses from interested firms for a project expediter for the new jail facility on Blue Clay Road. Chairman Caster said after hearing the discussion, he felt he could not support the substitute motion made by Commissioner Davis even though he had seconded the motion. Upon vote, the MOTION FAILED by a 1 to 4 vote. Chairman Caster, Vice-Chairman Greer, Commissioner Birzenieks, and Commissioner Howell, voted in opposition. Chairman Caster called for a vote on the original motion to move forward with hiring a project expediter based on qualifications and expertise ofthe firm with negotiation of the fee after the firm is selected. Upon vote, the MOTION CARRIED by a 4 to 1 vote. Commissioner Davis voted in opposition. Discussion followed on the appointment of a selection committee to review the proposals received from firms interested in serving as the project expediter. Further discussion was held on whether this committee should be comprised of all five County Commissioners or a group comprised of one or two Commissioners and members of Staff. County Manager O'Neal explained that the normal procedure is to appoint a selection committee comprised of at least one County Commissioner and members of Staff to evaluate the proposals based on a set of criteria established by the Engineering Department. Once each member NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 907 has reviewed and ranked each proposal, the selection committee meets and selects the five highest ranked firms. Presentations are made by the five firms and the selection committee selects one firm to recommend to the Board of County Commissioners. Commissioner Birzenieks asked why the Board should deviate from this procedure when hiring a firm to perform a professional service. There should be no difference in reviewing proposals for selecting the project expediter. Vice-Chairman Greer responded that he had suggested deviating from the normal procedure to save time. If the five County Commissioners served as the selection committee, the process could move much faster. Vice-Chairman Greer noted that he would not be opposed to following the regular procedure. County Manager O'Neal reminded the Board that if more than two Commissioners serve on the selection committee, this would have to be an open process and advertised, which might discourage some firms from bidding on the project. Further discussion was held on the need to move forward with the project. County Manager O'Neal recommended deciding on how the selection committee should be comprised. The goal of this committee will be to complete the review and presentation process with one firm being recommended to the Board of County Commissioners on May 8,2000. Chairman Caster spoke in favor of following the normal procedure and he asked if two County Commissioners would like to volunteer to serve on the selection committee. Commissioner Howell and Vice-Chairman Greer agreed to serve on the selection committee. Commissioner Davis stressed the importance of the selection committee appearing before the Board to make a presentation on the firm selected. He said that no firm should be able to make a presentation to the Board of County Commissioners without allowing all firms the same privilege. Vice-Chairman Greer stressed the importance of the selection committee understanding that the Board of County Commissioners will make the final decision on the firm to select. Commissioner Davis agreed with Vice-Chairman Greer and stated if the selection committee is required to make a presentation on the firm selected, questions can be asked at that time. Commissioner Birzenieks agreed with Commissioner Davis, and he suggested that the selection committee request each firm to explain how a project expediter will save money for New Hanover County. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to appoint a selection committee comprised of Commissioner Howell, Vice-Chairman Greer, and members of Staff to review proposals, recommend a firm to the Board of County Commissioners on May 8,2000, and authorize the County Manager or Capital Projects Engineer to make a presentation on behalf of the selection committee on May 8, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF CONTRACT #00-0178 TO FREEMAN WHITE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2000-28 TO PROVIDE ARCHITECTURAL SERVICES FOR THE NEW JAIL FACILITY TO BE LOCATED ON BLUE CLAY ROAD County Manager O'Neal reported that Staff has negotiated a contract with Freeman White for the provision of architectural services for the new Jail Facility and Sheriff's Administration Building to be located on Blue Clay Road. The scope of services will include investigation, scope development, a master plan, and budget development for the necessary renovation ofthe existing Law Enforcement Center. The professional fee proposed for design services is $3,100,588.69. Vice-Chairman Greer asked if Staff was comfortable with price negotiated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 908 County Manager O'Neal responded that he was comfortable with the proposal. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to award Contract #00-0178 to Freeman White for architectural services in the amount of $3,100,588.69; approve the associated budget amendment; and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2000-28 - Law Enforcement Center Capital Project Adjustment Debit Credit COPS funding $3,400,000 Capital Project Expense $3,400,000 Explanation: To increase the budget for the architectural services with Freeman White, surveys, and contingency. A copy of the contract is on file in the Legal Department. APPROVAL OF AMENDMENT TO THE CARTER GOBLE ASSOCIATES, INC. CONTRACT #99-0352A AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2000-29 TO PROVIDE PROFESSIONAL SERVICES FOR THE NEW JAIL FACILITY County Manager O'Neal reported on April 1, 1999, New Hanover County entered into an agreement with Carter Goble Associates, Inc. to provide facility programming. He advised that it will be necessary for Carter Goble to remain active in the project to assure compliance with the facility program through the design and construction process. Carter Goble will support New Hanover County and Freeman White by providing required information to Freeman White for the design of the Jail Facility. In consideration of the importance of the time schedule and quality, Carter Goble will playa key role in the construction of this facility. The proposed fee for professional services is $522,000. Commissioner Davis stated for the benefit of all persons present, the architectural firm will design the building, the project expediter will move the project forward more quickly, and Carter Goble Associates, Inc. will make sure the facility is fully functional as to details, provide the necessary training and technical assistance to staff, and develop a hiring plan to be sure adequate staff is hired to operate the new facility. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to approve the contract amendment in the amount of$522, 000 to the Carter Goble contract, approve the associated budget amendment, and authorize the County Manager to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2000-29 - Law Enforcement Center Capital Project Adjustment Debit Credit COPS Funding $522,000 Capital Project Expense $522,000 Explanation: To increase the budget for costs associated with Carter Goble Associates, Inc. to provide facility programming services. A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 3, 2000 BOOK 27 PAGE 909 CLOSED SESSION Chairman Caster announced that the Legal Department has requested a Closed Session to consult with the County Attorney about a legal matter. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to convene to Closed Session pursuant to N.C.G.S. 143-381.11(5) to consult with the County Attorney about a legal matter. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Caster convened to Closed Session at 9:40 p.m. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to convene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session a 10: 10 p.m. and reported that no action was taken in the Closed Session. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting 10:11 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board