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2019-07-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 327 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 1, 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; Commissioner Woody White; and Commissioner Rob Zapple. 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 Patrick Hall, Cape Fear Free Will Baptist Church, provided the invocation and Vice-Chairwoman Olson-Boseman 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 Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of June 17, 2019. Adoption of a Resolution in Recognition of the Vietnam Traveling Memorial Wall – Governing Body The Commissioners adopted a resolution in recognition of the Vietnam Traveling Memorial Wall. Wilmington has been selected to host the Vietnam Traveling Memorial Wall from July 25 to July 29, 2019 at Mayfaire Town Center. The event was postponed from September 2018 until now due to Hurricane Florence. The Board has been invited to attend the opening ceremony on July 26, 2019 at 10:00 a.m. Chairman Barfield is slated to present the resolution during the opening ceremony. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.1. Approval to Submit a FY19-20 Grant Application to the North Carolina Governor’s Highway Safety Program (GHSP) for the Sheriff’s Office Forensic Lab - Sheriff’s Office The Commissioners approved staff to submit a FY19-20 grant application for the North Carolina GHSP grant funding of the New Hanover Sheriff’s Office Forensic Lab. The grant will fund a Lab Technician position at 100% (salary and fringe), miscellaneous supplies, training, and travel costs. The total grant amount is $83,000. The funding period will be from October 1, 2019 to September 30, 2020. The Sheriff's Office will pursue another GHSP grant to continue funding positions in FY20-21, however if grant funding ends September 2020, the Sheriff's Office will assume responsibility to fund the position. No matching funds are required. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.2. Adoption of a Resolution to Award Contract #19-0391 to Gibbs Management Services, Inc., for New Hanover County’s Home Delivered Meals and Congregate Nutrition Programs – Senior Resource Center The Commissioners adopted a resolution to award a contract to Gibbs Management Services, Inc., to provide Nutrition Services for the New Hanover County Senior Resource Center for the Home Delivered Meals and Congregate Nutrition programs. The company is a local business and successfully submitted all proposal requirements and is able to meet or exceed all grant standards. Meals prepared by Gibbs Management Services, Inc. will be prepared at the Senior Resource Center and served to older adults who are participants of the Home Delivered Meals program and/or Congregate Nutrition program. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.3. Approval of May 2019 Tax Collection Reports – Tax Department The Commissioners approved the Tax Collection Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of May 2019. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 32.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 328 REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: LaWanda Granger, Social Services, retiring with thirty-one years of service Chairman Barfield presented a retirement award to Ms. Granger and the Commissioners expressed appreciation and thanked her for her years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Ten Years: Christopher Preston, Community Justice Services Fifteen Years: Catherine Burdick, Health David Shepard, Building Safety Kristen Skinner, Emergency Management/911 Thomas Wilkes, Building Safety Twenty-Five Years: Lori Harvey, Social Services John Timmerman, Museum Thirty Years: Debora Cottle, Emergency Management/911 Pamela Howell, Information Technology Chairman Barfield presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. NEW HANOVER COUNTY/CITY OF WILMINGTON COMMUNITY RELATIONS ADVISORY COMMITTEE UPDATE New Hanover County/City of Wilmington Community Relations Advisory Committee (C-RAC) Chair Evelyn Bryant presented the annual report highlighting the following information:  Staff liaisons: Tufanna Bradley-Thomas, New Hanover County Community Affairs Coordinator; Suzanne Rogers, City of Wilmington Community Development and Housing Planner  New Hanover County members: Evelyn Bryant, Chair, Civil Rights Community; Jeff Hovis, Business Community; Maurice Locklear, At-Large; Elise Rocks, Faith Community; Owen Wexler, At-Large; Dr. Anne York, Education Community  City of Wilmington members: Charles E. Davis, Jr., Faith Community; Florence Warren, Education Community; Kristen McKeithan, At-Large; Jen Johnson, Business Community; Kathy King, Civil Rights Community; Lori Wainwright, At-Large  Purpose:  Address community issues involving prejudice or discrimination on the basis of race, national origin, creed or religion, age, gender, sexual orientation, disability or medical condition  Inform New Hanover County Commissioners, City Council, and other organizations of findings  Make recommendations, in advisory capacity, to New Hanover County Commissioners, City Council, and other organizations, as necessary  Programming Sub-Committee: promote healthy dialogue and communication within our community:  Chair: Lori Wainright; Members: Jeff Hovis, Kristen McKeithan, Elise Rocks  Updates: scheduled four meet and greet sessions; first session completed at Creekwood South to address transportation concerns for Creekwood residents with WAVE Transit  Public Education Sub-Committee: work with diverse citizens to gather and disseminate information and educational resources:  Chair: Dr. Anne York; Members: Florence Warren  Updates: started the weekly Community Resource Site in the Wilmington Room in the downtown Public Library, created a new brochure and an updated webpage; and developed a discrimination complaint process to guide residents and explain that investigations and litigation are completed on a state and federal level not on a local level  Crisis Prevention/Preparedness Sub-Committee: work within our community to develop conflict mediation skills:  Chair: Owen Wexler; Members: Charles Davis, Kathy King, Dr. Maurice Locklear  Updates: created a Community Crisis Plan  Progress Highlights:  Understanding Role: Board/Committee Training: Bo Dean, New Hanover County  Research: attended WPD Civil Disturbance “Peace Keeping” Training, WPD “Use of Force” Training, and Implicit Bias Training facilitated by Linda Thompson with WPD  Engaging:  Hosted Meet and Greet on June 12, 2019 at Creekwood South  Created a new brochure and webpage  Developing a listing of community contacts and resources  C-RAC Members attended: New Hanover County’s Communicating with Legislators and Public Officials, A Groundwater Approach to Racial Equity NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 329  C-RAC Chair will serve on the New Hanover County School Equity Committee and the City/County Workforce Housing Committee  Next steps:  C-RAC members will attend implicit bias training  Host three (3) meet and greet sessions within the community; four (4) annually  Review best practices relating to C-RAC meetings and public comment protocols  The committee continues to be focused and collectively organized on its mission and the needs of this community  Recommendations:  County staff and Commissioners participate in annual implicit bias training, especially upon hiring and appointment  Update City of Wilmington website with new information that the committee has developed and also share on city social media and other public awareness efforts In response to Board questions about Wave Transit services, Ms. Bryant stated that the concerns from the Creekwood community was having better access to food. The issue with the bus routes changing was that the buses do not necessarily go into Creekwood. Residents have to walk to the stop at Princess Place to catch a bus. The stop is near the vacant lot the Housing Authority owns. The bus ride may be 45 minutes to an hour to get from point A to point B. Chairman Barfield thanked the C-RAC members for their work. He asked to be notified when the implicit bias training would be held. The hospital has sent its employees to the training to learn how to eliminate bias from the hospital. The New Hanover County School Board is also looking at the same training. It is important for government to bring people together to identify issues and solutions. Commissioner Zapple thanked Ms. Bryant for her leadership with the committee. He has hopes for next year to hear how the committee has achieved its goals. APPROVAL OF GUARANTEED MAXIMUM PRICE AND ADOPTION OF BUDGET AMENDMENT 20-001 TO FUND THE DEMOLITION AND REBUILD OF THE DIVISION OF JUVENILE JUSTICE FACILITY Facilities Project Manager Kevin Caison stated over the last 18-months staff has worked on the space needs assessment for the Juvenile Justice Facility and the subsequent design. In October of 2018, Bordeaux Construction Company, Inc. was approved as the construction manager at risk (CM@R). The CM@R worked with the design team and stakeholders on the design and the guaranteed maximum price of $13,481,766 has been determined. Mr. Caison provided the following overview of the project:  History of the Division of Juvenile Justice Facility:  Built in 1950 and repurposed to its current use in 2000, the existing building has inadequate and inefficient use of space, ADA issues, air quality issues, past water intrusion  Raise the Age is expected to double the number of juveniles being served  Space needs assessment approved in December 2017 and completed  Construction Manager at Risk approved in October 2018  Design for New Facility:  Tear down existing facility and build a new three story facility  38,455 square feet  Houses various functions including: two courtrooms, Clerk of Court, Community Justice Services, Court Counselors, and shared space  Project Budget: Design$ 1,437,950 Permits, inspections, fees, etc.218,442 Construction GMP13,481,766 Furniture, fixtures, equipment and other1,756,754 Total Project Estimate$ 16,894,912 Less: Previously Budgeted(1,500,000) Budget Amendment Required*$ 15,394,912 * This capital project is being funded through loan proceeds which is planned to be issued in the fall of this year. This has been planned for accordingly and does not take the County out of compliance with its debt policy. Average annual debt service is estimated at $1,115,473.  Project Schedule:  Demolition – July 2019  Construction start – August 2019  Construction completion – December 2020  Staff move in and fully operational – January 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 330 Chairman Barfield thanked Mr. Caison for the presentation and asked for direction from the Board on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve the guaranteed maximum price of construction of $16,894,912 and adopt budget amendment 20-001 to fund the capital project. In response to Board questions regarding the loan for the project, Chief Financial Officer Lisa Wurtzbacher stated that $1.1 million is the average debt service. This year there will be one interest payment. The plan is to issue the debt in September 2019 and she believes the debt service payment is approximately $350,000, which was budgeted for this year. Hearing no further discussion, Chairman Barfield asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 20-001 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.5. PRESENTATION ON A 100 BED WOMEN’S TREATMENT FACILITY AND ADOPTION OF BUDGET AMENDMENT 20-002 Assistant County Manager Kathy Stoute presented the following information on the 100 bed women’s treatment facility:  The Healing Place – 100 Bed Women’s Facility:  Current Project:  100 bed men’s facility with supporting facilities  Anticipated construction start date of January 2020 and open date of April 2021  Special Use Permit (SUP) approved by Wilmington City Council on February 5, 2019  Estimated costs (does not include operating costs):  Design: $ 920,950  Construction: 14,455,420  Other: 1,315,557  Total $ 16,691,927  Potential Expansion:  100 bed women’s facility  Co-located on same property as men’s facility  Anticipated construction start date of January 2020 and completion date of April 2021 (contingent on no SUP modification needed)  Additional Costs (does not include operating costs):  Design: $ 185,850  Construction: 4,645,000  Other: 667,885  Total $ 5,498,735  Next Steps in order to proceed with 100 bed women’s facility, if Board directs:  Adopt budget amendment for design cost in the amount of $185,850  Given state Medicaid Transformation and Trillium’s decreased role: 1. Obtain Letter of Intent from The Healing Place 2. Modify current Memorandum of Understanding (MOU) to reflect The Healing Place as 501(c)(3)  Proceed with design  Request modification to Special Use Permit if required  Request Board Approve Guaranteed Maximum Price when available Assistant County Manager Stoute concluded her presentation stating that the request of the Board is to direct staff to proceed with the design, request a modification to the Special Use Permit if required, and when available to bring to the Board for consideration the guaranteed maximum price. In response to Board questions about the MOU being signed by The Healing Place and if this means Coastal Horizons would no longer be involved with the 200 bed drug treatment center, Assistant County Manager Stoute confirmed that was correct. It was determined to not be a good fit for either one, The Healing Place nor Coastal Horizons. When moving into a new MOU, the staff would want to set up The Healing Place as a non-profit. The Healing Place in Louisville, Kentucky is the model that would be replicated here. It has the evidence based facility, the data, and everything that is being moved forward is with the Louisville, Kentucky facility. In response to Board questions regarding the funding source for this project, Chief Financial Officer Wurtzbacher stated that the capital project is $22.2 million with $16.7 million being for the men’s facility and $5.5 million for the women’s facility. She presented the following overview of the funding model for a 200 bed facility:  Average Estimated Annual Costs:  Debt Service: $ 1.4 million  Operating Costs: 3.3 million  Total Costs: $ 4.7 million NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 331  Annual Estimated Funding Sources:  Partial Reallocation of Trillium Funding: $ 1.3 million  Purchase of Beds: 1.0 million  Total Funding: $ 2.3 million  Remaining Funding Needed: $ 2.4 million It would be key for the County to work with partnering agencies who have an interest in this facility as well as making sure the non-profit has a strong fundraising arm to facilitate the costs. In the County’s current agreement with Trillium, it states the County would not be responsible for operating shortfalls above what the County has already committed to. The County would be responsible for the debt service. In the interlocal agreement, it states that Trillium is supposed to help facilitate the non-profit. Further discussion was held about the establishment of the non-profit. Assistant County Manager Stoute stated the current MOU has to be modified and staff is initially looking at the MOU being with Trillium, The Healing Place, and the County to make sure it is a smooth transition. The goal is for Trillium to back out and for the MOU to be between the County and The Healing Place. A brief discussion was held about the ability to use the $800,000 that is left after the partial reallocation of Trillium Funding of $1.3 million to put towards this project. County Manager Coudriet stated that he thinks this is an option that can be explored. As Commissioner Zapple is the representative on the Trillium Health Resources – Southern Regional Advisory Board, that should be something raised and discussed. He believes the County would need Trillium to agree to the complete redistribution of money. This is because the balance left of approximately $800,000 is intended for Trillium to continue providing the value added services around critical incident stress trainings and things of that nature in this community. If the County was to redirect the dollars, there would have to be an understanding of the potential foregoing a value added service. Also, there is a statutory requirement to support Trillium. Commissioner Zapple stated what he would like to see is identification of a clear plan that will allow the County, through the non-profit partners within this community, and hopefully with Brunswick and Pender Counties joining in, to help with identifying those that will assist with the operational funding as this moves forward. County Manager Coudriet stated this is the proposed approach and one of the things that has to be secured along the way are commitments from partners in the region to support it. While it would be largely New Hanover County residents that occupy it, it is an expectation and a goal that other counties, such as Brunswick, and Trillium would hopefully continue to financially support it. The County would also need to review options for the capital side so the debt service doesn't have to be borne by the County’s $1.2 million redirection of funds. Over the next several months, all the options will be looked at for bringing in additional partners. An update will be provided to the Board in the next two to three months. Commissioner Zapple stated that when this was originally established, Trillium was going to take the lead on the non-profit and now it appears that will be the County’s responsibility. If a person on staff has to be identified to do this, it is a worthy cause and one he would support. County Manager Coudriet stated that staff will report back to the Board no later than September, if the Board directs staff to move forward. Staff is requesting a budget amendment to bring a new guaranteed maximum price for the additional cost/design for the women’s facility. The $16 million is for the 100 bed facility and the support infrastructure. The County needs to get a guaranteed price for the additional 100 beds and it is his understanding that would be available approximately in September. The Board would then have to decide if it is comfortable for staff to move forward. At that time, staff will be able to provide an update on the MOU with The Healing Place in Louisville, KY, what Trillium’s role will continue to be, and if there is a role for them in other partner discussions. Chairman Barfield expressed concerns with the state now wanting to shrink the LME model when 11 years ago it wanted to expand the model. He would like to know what that means for the County’s citizens with mental health issues and how to make sure there are adequate resources as those numbers continue to grow. As the County moves money from funding Trillium, which only helps people with Medicaid as opposed to the general population, how does the County make sure it has adequate resources for the long term to help other individuals with substance use disorders. He further stated it would be good to know upfront if the County is looking at funding an unfunded mandate. If Trillium is going away, that needs to be stated definitively, so the County knows it is going to be handling the operations of this facility and clearly communicates that to the public. It can then be incorporated into the budget moving forward until someone can be found to stand it up and a nonprofit to run it. He further asked if Trillium is not going to be an option on the table, why is the County negotiating with Coastal Horizons to make it work for the County. County Manager Coudriet stated the County has a different dynamic and relationship with Coastal Horizons. As the County is now leading this matter, there is an opportunity to revisit the discussions with Coastal Horizons, but he cannot say if Coastal Horizons will do so. Chairman Barfield stated that it is known there is a true substance use disorder problem in this community for both men and women. The goal is to treat and not to criminalize or put people in jail unnecessarily, but to get people the help they need so they can lead lives that will be helpful to this community. It's all about helping people. He thinks this Board is definitely in favor of doing this and knows that the citizens in the community expect it. He wants to be sure it is known upfront what the County is looking at so it can be fully prepared. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 332 Chairman Barfield asked for direction from the Board on the request to adopt the budget amendment request for the design cost of a 100 bed women’s facility. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to adopt budget amendment 20-002. Chairman Barfield asked Vice-Chairwoman Olson-Boseman if she wanted to make any remarks. Vice-Chairwoman Olson-Boseman thanked Assistant County Manager Stoute and other members of staff that have been working hard to make this happen, not only for men, but for women too. It makes sense financially, if for no other reason than it makes sense to build them both at the same time instead of incurring additional debt. She is very excited that hopefully in 2021 when someone, male or female, walks up to her again to ask her where to go for help, she'll be able to tell them. It is a big bold step moving forward and she is appreciative for the Board’s support. Assistant County Manager Stoute stated in regard to Commissioner White’s request to look at the adolescent portion of this, she is in the process of researching it, but the data is not consistent with what she is hearing from the waiting list. She is continuing to look into it and will be able to provide an update at a later time. Commissioner White stated that leading the community to outstanding health is the motto of the local hospital that is owned by the citizens of New Hanover County. A lot of people in this community will applaud this decision and what the County is doing. There will be those that don't support it because of the stigma associated with addiction services. He hears and witnesses it every day. He pushes back against the notion that the subtext to the idea that these people make choices and what is the County doing spending all of this money means that it should do nothing and should continue to let the overdose skyrocket in our community. There are more and more families that struggle with it every day. This is a growing community and the County is trying to be the leader in lowering health disease, teenage pregnancy, less smokers, increasing life expectancy, and doing all of sorts of wellness initiatives to help the citizens have healthier lives. Today the County is stopping the ignorance associated with turning a blind eye to this issue. He also wants the information upfront about the details on operational expenses and how much it is going to cost. This is one of those items that does not worry him because he knows without this, our community is not what it needs to be. He does know next time he has a family member or client that needs help, and they want help, he’ll know where to send them. He hopes this sparks more conversation about it. What the Board is doing today is providing leadership for those that are in a different type of darkness. Ultimately, they are going to need help, and the County is going to give it to them because of the decision the Board makes today to help people that are dying in our streets, and if they had a place to go, maybe they wouldn't die. A month and a half ago, this community had eight people overdose, and people do not know that but they need to. He thinks what is being done today is tremendous and commended Vice-Chairwoman Olson-Boseman for providing leadership on this matter. Where adolescents are concerned, something needs to be done. Chairman Barfield asked if he was understanding correctly that this facility will be free of charge for people. Assistant County Manager Stoute stated that yes, there is no cost to participants. Chairman Barfield further stated that this will change the dynamics for the facilities in this community that charge. It will make those facilities reexamine what they are doing in the models they have in place, to meet needs of the people, and not the shareholders of the bottom line. Having seen it up close, he does recognize that it is all about the money for some as opposed to treatment. Hearing no further discussion, Chairman Barfield asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 20-002 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.6. WITHDRAWAL OF PUBLIC HEARING AND QUASI-JUDICIAL HEARING FOR A REZONING AND SPECIAL USE PERMIT REQUEST BY CAMERON MANAGEMENT, ON BEHALF OF THE PROPERTY OWNER, DRYPOND PARTNERS, LLC, TO: A) REZONE APPROXIMATELY 25.94 ACRES OF LAND LOCATED IN THE 4400 BLOCK OF S. COLLEGE ROAD, FROM R-15, RESIDENTIAL DISTRICT, TO (CUD) R-10, CONDITIONAL USE RESIDENTIAL DISTRICT; AND B) OBTAIN A SPECIAL USE PERMIT FOR A HIGH DENSITY DEVELOPMENT CONSISTING OF 324 DWELLING UNITS WITHIN THE AREA PROPOSED TO BE REZONED (Z19-03) Chairman Barfield requested that the applicant step forward to address the Board with a request. Matthew A. Nichols, of Matthew A. Nichols Law Office and representing the applicant, Cameron Management on behalf of the property owner, Drypond Partners, LLC stated that the request is to withdraw the item. Chairman Barfield stated the item has been withdrawn and will not be heard tonight. PUBLIC HEARING AND APPROVAL OF REQUEST BY EASTERN CAROLINAS COMMERCIAL REAL ESTATE, ON BEHALF OF THE PROPERTY OWNER, OGDEN-NEW HANOVER VOLUNTEER EMERGENCY MEDICAL SERVICE, INC., TO REZONE APPROXIMATELY 8.43 ACRES OF LAND LOCATED AT 4450 AND 4580 CAROLINA BEACH ROAD, FROM R-15, RESIDENTIAL DISTRICT, TO B-2, HIGHWAY BUSINESS DISTRICT (Z19-08) Chairman Barfield opened the public hearing and requested staff to make the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 333 Senior Planner Brad Schuler presented the request by Eastern Carolinas Commercial Real Estate, on behalf of the property owner, Ogden-New Hanover Volunteer Emergency Medical Service, Inc., to rezone approximately 8.43 acres of two parcels of land, which totals to about 13.5 acres of land, located at 4450 and 4580 Carolina Beach Road from R-15 to B-2. It is adjacent to the city limits with Echo Farms located to the north, the Moose Lodge to the south, and Linden Ridge Subdivision to the west. The area of the site proposed to be rezoned contains two structures and a pond. The proposal will leave approximately five acres of the subject parcels zoned R-15, Residential District, which is adjacent to the neighboring residential subdivisions. The Conservation Overlay District also indicates regulated wetlands may be present within that area. The front building on the site was originally built for Volunteer EMS Services, which originally received a Special Use Permit (SUP) from the Board of Commissioners in 1979. The SUP was then modified in 2007 to allow for a rear structure to be constructed. Currently, the New Hanover Regional Medical Center (NHRMC) operates its regional response services in that building. According to the applicant, the Volunteer EMS Services (which utilized the building fronting Carolina Beach Road) has relocated the service to the Monkey Junction area. In addition, NHRMC representatives have stated their intent to relocate the regional response service (which uses the rear building) in 2020. The current R-15 zoning of the site limits the use of the property to mostly residential purposes, limiting adaptive reuse of the existing structures. The applicant believes both buildings would accommodate a number of the uses permitted in the B-2 district, such as contractor, warehousing, general office, and light industrial related businesses. The B-2 district does allow for many commercial uses, including:  Traditional Commercial: Retail, Restaurants, Offices, Hotels, Personal Services, Gas Stations/Convenience Stores, and Drug Stores  Heavy Commercial/Light Industrial: Contractors, Warehousing, Mini-warehousing, RV & Boat Storage, and Wholesale  Institutional and Recreation: Parks & Recreation Areas, Religious Institutions, Museums, Libraries, and Indoor/Outdoor Recreation  Special Uses: Cell Towers, Dwelling Units, Recycling Facilities with Processing, Electronic Gaming Operations, and Light Manufacturing In regard to traffic, use of the site as an EMS facility is estimated to have generated approximately eight trips in both the AM and PM peaks (based on a fire and rescue use of 17,500 square feet). Again according to the applicant, the buildings could accommodate contractor, warehousing, and light industrial uses. These uses would typically generate about 15-35 trips in the peak hours based on the approximate size of the existing structures. If the site was to be redeveloped as a shopping center of the same size, it is estimated approximately 155 trips would be generated in the peak hours. Traffic impacts are analyzed at the time a development or change of use is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. According to the 2016 Comprehensive Land Use Plan, the approximately three acres of the subject property closest to Carolina Beach Road are designated as Community Mixed Use and the western portion closest to the Linden Ridge subdivision is designated as Conservation. Community Mixed Use areas focus on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. 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. In these areas, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. The proposed rezoning from R-15 to B-2 is generally consistent with the 2016 Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area, and the existing stormwater facilities would limit the use of the portions of the property designated as Conservation. The Planning Board considered this application at its June 6, 2019 meeting and recommended approval finding it to be consistent with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area. It also found that approval of the rezoning request is reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. Chairman Barfield thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. John Hinnant with Eastern Carolinas Commercial Real Estate, representing the property owner, Ogden-New Hanover Volunteer Emergency Medical Service, Inc., stated that the property is currently listed and marketed for sale. The property was developed by the Volunteer EMS that served both the Ogden and New Hanover County portion of the County. The ambulance services, after being taken over by NHRMC, were relocated to Monkey Junction. The tenant in the rear is opting to relocate and has given the property owner a short-term lease until the rd beginning of 2020. They are relocating operations to the North 23 Street facility. With the SUP, tying the property to ambulance and emergency medical services, the list of tenants is almost nothing. It's also important to note that there is a remaining debt service with the nonprofit. The volunteers have debt on the building and without a tenant, this could turn into a dire situation. The back building was developed after 9-11 and was designed initially for the pandemic flu. After Hurricane Katrina, the Homeland Security Administration, local owners, and designers said thought needs to be given to regional hurricane response. One example of what is in the building is a 58-foot tractor NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 334 trailer rig with the ability to arrive at a field site and set up a 100 bed field hospital. It has everything from cots, IV beds, oxygen tanks, etc to create a field hospital. The rear building is designed to withstand 140 miles per hour winds. It's difficult to re-develop. In looking at the wetlands to the north of the site, there is a creek and the flood zone goes almost all the way to the building. The remaining portion of the property that is not being included in this rezoning request is highly unlikely to be redeveloped. There is an AE flood zone as well as Conservation Overlay District on a majority of the site, and high tension power lines as well as wetlands in and out of the site in the undeveloped portion of the area. The cost to redevelop is prohibitive and it is felt this will make the property more marketable. In his knowledge, nearly half of the permitted uses in the B-2 district could work in either of the buildings. 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. Hearing no discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek to approve the proposed rezoning of the subject property to a B-2 district as it is found to be 1) Consistent with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area and also find approval of the rezoning request is 2) Reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 113. PUBLIC HEARING AND APPROVAL OF A REQUEST BY BENJAMIN RIVENBARK, ON BEHALF OF THE PROPERTY OWNER, JACK CARLISLE, FOR A SPECIAL USE PERMIT TO DEVELOP A PRIVATE CEMETERY ON A PORTION OF A 15.44-ACRE TRACT OF LAND LOCATED AT 8640 RIVER ROAD (S19-01) Chairman Barfield opened the public hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Brad Schuler Wayne Clark Gideon Smith Ron Meredith Donna Girardot Benjamin Rivenbark Jack Carlisle Chairman Barfield further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. He then asked Senior Planner Brad Schuler to start the presentation. Senior Planner Brad Schuler presented the request by Benjamin Rivenbark, on behalf of Jack Carlisle, for a Special Use Permit (SUP) to develop a private cemetery on a portion of a 15.44-acre residential property at 8640 River Road. This is in the southwestern portion of the County, directly adjacent to the Cape Fear River on the west side of River Road and generally west of The Cape subdivision, approximately 1.25 miles north of Snows Cut. The approximate location of the cemetery is located on the eastern side of the upland area as one moves west from River Road toward the Cape Fear River. The area is made up of very low density single family residential on the west side of River Road, with the nearest residential structures ranging from approximately 550-feet to 950-feet to west and south of the proposed cemetery. To the east, across River Road, the proposed cemetery is over 1,000-feet to the nearest residential structures. The subject site and general vicinity contain large expanses of conservation resource areas, and the proposed cemetery site is located on a small upland area of the property. The cemetery site will be approximately 35-feet x 45-feet (approximately 1,500 square feet), will be enclosed with a perimeter fence, and will be limited to the owner's family members and close friends. The total number of plots has not yet been determined. No sale of burial plots or any other services will be offered to the general public. The property does lie within a VE flood zone, and the applicant has provided a certification stating that the development will not cause any harmful diversion of floodwaters or wave run-up and reflection that would increase damage to adjacent structures per Flood Damage Prevention Ordinance requirements. In addition, anchoring techniques to prevent potential flotation and lateral movement of the interments during potential inundation by floodwaters are proposed to be used. The only requirement for the specific use in the Zoning Ordinance is that the proposed cemetery complies with North Carolina Cemetery Commission (NCCC) regulations. The NCCC has provided the applicant with documentation stating that the proposed cemetery will not be subject to the agency’s regulations due to its size and scope. The applicant intends to employ funeral professionals for all interments and use modern techniques including sealed caskets, burial vaults, and grave liners to minimize potential environmental impacts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 335 The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The Conservation place type 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. While the Comprehensive Plan does not specifically address this type of use, the proposed private cemetery would limit future higher intensity development on the site and could assist in protecting the natural environment. The proposed private cemetery is generally consistent with the 2016 Comprehensive Plan because it will limit future development and associated impacts on natural resources in a Conservation area. The Board of Commissioners must find that the request meets the four required conclusions for SUP approval: 1) 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; 2) The use meets all required conditions and specifications of the Zoning Ordinance; 3) The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) 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 Comprehensive Land Use Plan for New Hanover County. The findings must be based on competent, material, and substantial evidence presented during this hearing. The Planning Board considered this application at their June 6, 2019 meeting, and recommended approval (7-0) of the application with the following conditions: 1.Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2.No plots shall be available for sale to the general public. Chairman Barfield thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. Jack Carlisle, property owner, stated he has asked Benjamin Rivenbark to make the presentation on his behalf. Mr. Rivenbark stated that in addition to Mr. Schuler’s presentation, he wanted to clarify “for the family and friends this is to be open to”, it would be mostly for family. There is one particular employee of the company that has worked with Mr. Carlisle for the past 20 years and he would be opening it up to that person. It would not be for a broad amount of friends. Rather, only for family and a very tight knit group of people he considers to be like family. Chairman Barfield announced that no one else had signed up to speak in favor or in opposition and closed the public hearing. In response to Board questions, Mr. Rivenbark stated that he and Mr. Carlisle are in agreement with staff findings and the two proposed conditions. Chairman Barfield then opened the floor for Board discussion. In response to Board questions about the base flood elevation of the site, Mr. Schuler stated the base flood elevation is 11 feet above mean sea level so the design flood elevation would be 13 feet above mean sea level. Regarding the site’s proximity to the river and potential for flooding situations, Mr. Rivenbark stated that in speaking with Dustin Osborne of Coble, Ward and Smith, and Mr. Andrews of Andrews Mortuary, and based on their recommendations, the concrete burial vaults that will be placed in the ground will have holes in the bottom of the vaults. If there were to be a flood situation, the groundwater would enter into a burial vault so that the uplift forces of the flotation would be exceeded by the weight of the concrete holding it down and then there would not be an issue. Goldsboro has a lot of problems with this issue and has to put sandbags on graves before a flood is anticipated. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the finding of fact included in the staff summary, and with the conditions as recommended by the Planning Board: 1.Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2.No plots shall be available for sale to the general public. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 77. PUBLIC HEARING AND APPROVAL OF A REQUEST BY NEW HANOVER COUNTY TO AMEND ARTICLES V AND VI OF THE ZONING ORDINANCE TO ADD FIVE NEW RESIDENTIAL DISTRICTS, TWO NEW COMMERCIAL DISTRICTS, ONE NEW MIXED USE DISTRICT, AND TO AMEND THE EXISTING PLANNED DEVELOPMENT DISTRICT Chairman Barfield opened the public hearing and requested staff to make the presentation. Senior Long Range Planner Rebekah Roth presented the request to amend Articles V and VI of the Zoning Ordinance to add five new residential districts, two new commercial districts, one new mixed use district, and to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 336 amend the existing Planned Development District. An overview of this item was presented to the Commissioners at the June 17, 2019 meeting. The amendment provides the tools currently missing from the Zoning Ordinance, which are the full spectrum of zoning district options, needed to support the development strategy outlined in the Comprehensive Plan. The eight new zoning options, the same number of districts added to the code over the past 40 years, are a big step forward. They are adapted from districts already used in the City of Wilmington, so there are on-the-ground examples of how they’ll work. This is the first phase of the development code update. Later this year the consulting firm for this project, Clarion, will complete a reorganization of the existing codes into one easy-to-use document, the Unified Development Ordinance (UDO). Staff will then begin working with them to strategically update targeted sections of the code. This phased approach will allow for improvements to be made right away while providing for more in-depth conversations on topics like subdivision street standards that are more complex. This proposed amendment will not change the zoning of any property. It outlines alternatives and potential tools that property owners can request through the rezoning process. In order to change the zoning of any property, public hearings at the Planning Board and in front of the Board of Commissioners would be required to make sure the new districts are applied appropriately. Staff will continue to work with NCDOT, the Wilmington Metropolitan Planning Organization (WMPO), and other partner agencies to get the best information possible on traffic impacts and environmental impacts to help the boards make decisions about particular properties. In response to Board questions, Ms. Roth confirmed that there are no changes to the existing zoning area. These are new tools people can ask for. This amendment does not affect the current zoning of a person’s land and there are no plans of changing anyone’s property without their permission and desire. Chairman Barfield announced that two people signed up to speak in favor of the request and no one signed up to speak in opposition to the request. The speakers were invited to step forward to provide their remarks. Cameron Moore, Wilmington-Cape Fear Home Builders Association Executive Officer, spoke in favor of the request stating that the Wilmington-Cape Fear Home Builders Association (WCFHBA) has been part of this process through the advocacy organization, Business Alliance for a Sound Economy (BASE), and the Home Builders Association (HBA), for the better part of a year. He thanked the Planning and Land Use staff for their work on this matter as well as the Planning Board. He submitted a letter to the Board on behalf of the WCFHBA in support of this amendment request. The WCFHBA hopes the Board of Commissioners will approve the text amendment request to move this project forward. Tyler Newman, BASE President and CEO, spoke in favor of the request stating that BASE is a regional business advocacy organization. He thanked the Planning and Land Use staff for their work on this matter. He agrees with Mr. Moore that this is matter is extremely important. In a prior presentation there was a graphic showing the Comprehensive Plan and land type types needed in the future, how the proposed districts expand on it, and will help meet the goals with expanding the community. Consistency with the City of Wilmington was important to BASE throughout this process. It provides a roadmap and options as people continue to invest in our community and BASE fully supports it. Chairman Barfield stated that there was no one else signed up to speak in favor or in opposition to request and closed the public hearing. He then opened the floor for Board discussion. Commissioner Zapple thanked Planning and Land Use Director Wayne Clark and staff for their work on this item. This amendment does provide a new set of tools that can be used. The work being done on the B-2 district to make it more appropriate for development and changes to the existing Planned Development District is appreciated and he could not agree more with it. It makes it a realistic tool to be used within the community. He fully supports the plan. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chairwoman Olson-Boseman to approve the proposed amendment to New Hanover County’s Zoning Ordinance finding it to be 1) Consistent with the purposes and intent of the 2016 Comprehensive Plan because it will provide the zoning tools needed to incorporate the development patterns envisioned in the plan and 2) Reasonable and in the public interest because it will provide additional options for residential, commercial, and mixed use development in the County's jurisdiction adapted from zoning districts already successfully used in the City of Wilmington. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager Coudriet stated that as a point of personal privilege and as acknowledged by Ms. Roth, this is likely the most significant overhaul of the County Zoning Ordinance since it was initially conceived in the late 1960s and early 1970s. Not only does it add tools to the toolbox, it is a substantive overhaul and revision, which is something he does not think has been seen since it was originally adopted nearly 50 years ago. Chairman Barfield thanked Director Clark for his work and expressed appreciation to him and his staff. He has heard members of the community express their appreciation of the work being done by the department. A copy of the text amendment amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 32.7. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JULY 1, 2019 PAGE 337 PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that no one signed up to speak on non-agenda items. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 5:34 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.