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2018-04-02 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 57 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 2018, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Woody White; Vice - Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; 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 Chris Howell, Kure Beach First Baptist Church, provided the invocation and Vice - Chairman Watkins led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Vice - Chairman Watkins, 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 Agenda Review Meeting of March 8, 2018 and Regular Meeting of March 12, 2018. Adoption of a Resolution to Approve Sirchie as a Sole Source Vendor for the Purchase of TacCommander Riot Control Suites — Sheriff The Commissioners adopted a resolution approving Sirchie as a sole source vendor for the purchase of TacCommander Riot Control Suits. These suits will be used for civil disturbance response training as well as actual civil disturbance events. These suits are fully adjustable to fit most officers and would eliminate the need to purchase suits each time there is a change in personnel. These suits do not have to be assigned to an individual officer which allows the department the ability to have a supply of suits available to deploy at any given time. Patrol will now be fully outfitted. The cost is $20,000. Sirchie has confirmed in a letter to the County dated November 8, 2017, that they are the sole provider of the Sirchie TacCommander riot suit and that they control the manufacturing, sales, and distribution of these units. The purchase of the TacCommander Riot Control Suits will be made in accordance with the provisions of NC General Statute 143- 129(e)(6) which exempts purchases of apparatus, supplies, materials, or equipment when a needed product is available from only one source of supply. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.1. Adoption of a Resolution to Approve Remotec, Inc. as a Sole Source Vendor for the Upgrade of ANDROS Robots and Accessories — Sheriff The Commissioners adopted a resolution approving Remotec, Inc. as a sole source vendor for the upgrade of ANDROS robots and accessories. This equipment will be assigned to the Emergency Response Team and will be used in emergency response training and call outs. Remotec, Inc. has confirmed in a letter to the County dated February 9, 2018, that they are the sole manufacturer and distributor for the ANDROS line of hazardous duty robots including all ANDROS systems and all related upgrades, radios, accessories, parts, refurbishment, service and training. The upgrade of the ANDROS robots and accessories will be made in accordance with the provisions of NC General Statute 143- 129(e)(6) which exempts purchases of apparatus, supplies, materials, or equipment when a needed product is available from only one source of supply. Funds are available for this upgrade using the Port Security Grant funds in the amount of $75,604. Budget Amendment 418 -020 was approved on December 18, 2017. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.2. Acceptance of a Non -Cash Homeland Security Grant from Bladen County — Finance The Commissioners adopted Budget Amendment 18 -049 to accept the donation of a Public Safety Rehabilitation Trailer from Bladen County. Bladen County received a grant for equipment from the NC Department of Public Safety, Division of Emergency Management for the implementation of the State's goals and strategies of the State Homeland Security Strategy 2016. Bladen County is donating one of the Public Safety Rehabilitation Trailers to New Hanover County Emergency Management. The estimated value of the trailer is $22,000. Emergency Management will use the trailer to support any operation that requires on -scene command for an extended period. This trailer is available for New Hanover County to use for any purpose, however, it is also available to be requested by any North Carolina County for their use. A copy of the Budget Amendment 18 -049 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 58 Adoption of a Resolution to Approve the Donation of Mine Safety Appliances (MSA) Fire Hawk Self Contained Breathing Apparatus (SCBA) to Autryville Fire Department — Fire Services The Commissioners adopted a resolution to approve the donation of mine safety appliances (MSA) fire hawk self - contained breathing apparatus (SCBA) to Autryville Fire Department. New Hanover County Fire Chief Donnie Hall received a formal request for SCBA equipment from Andrew Hawkins, Fire Chief of the Autryville Fire Department located in Sampson County, NC. Chief Hawkins explained that on May 23, 2017, Autryville Fire Department was struck by a tornado which destroyed the entire station and leaving them with only four sets of SCBA equipment which are out of hydro date as well as beyond repair. The SCBA equipment that the department is currently using has been borrowed from another department with no option to purchase. The surplus equipment, 2004 Edition, consists of 22 respirators, 22 compressed air tanks, and 22 respirator masks. The Fair Market Value (FMV) of the equipment is estimated to be $4,400. The authorization for this donation is granted under NC General Statute 160A -280 which allows a city or county to donate to another governmental unit within the United States any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused pursuant to a resolution adopted after the posting of a public notice of such resolution at least five (5) days prior to its adoption. The resolution has been posted to the County's website pursuant to the statute. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.4. Ratification of Northeast Mini Makerspace 2018 -19 Library Services and Technology Act (LSTA) Grant Application — Library The Commissioners ratified the Northeast Mini Makerspace 2018 -19 LSTA grant application. New Hanover County Public Library will create Mini Makerspace, a makerspace at the Northeast Regional Library that provides Science, Technology, Engineering, Arts, and Mathematics programming and access to materials for New Hanover County residents. While the space will have available materials for ages 3 and up, there will be a special emphasis on programming for K -12 patrons. The Mini Makerspace will allow New Hanover County Public Library to develop programs that we do not currently have the space or materials to provide. Materials selected for Mini Makerspace will be carefully chosen to build real world skills in a way that is engaging for children. Programs offered will include but are not limited to classes in coding, robotics, and engineering. The grant application was submitted on February 26, 2018. LSTA Funds Requested this year: $35,000 Matching Funds: $8,750 (from Library Budget: gift funds from Library Foundation) Project Total this year: $43,750 Adoption of a Resolution Appointing Map Review Officers — Planning and Land Use The Commissioners adopted a resolution designating certain staff members of New Hanover County, the City of Wilmington, and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach as Map Review Officers to examine and approve plats and maps prior to recordation at the Register of Deeds, as authorized by General Statute 47 -30.2. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.5. Adoption of 2018 National Service Recognition Day Proclamation — Senior Resource Center The Commissioners adopted a proclamation recognizing April 3, 2018 as National Service Recognition Day. The Corporation for National and Community Service will celebrate its National Service Recognition Day on April 3, 2018. The goals of this day are to highlight the impact of national service and thank individuals serving in AmeriCorps and Senior Corps programs across the country. The County sponsors two Senior Corps programs, Retired Senior Volunteer Program (RSVP), and the Foster Grandparent Program (FGP). RSVP volunteers have been serving the County for 45 years and FGP volunteers have been serving the County for 23 years. There are currently over 500 Senior Corps volunteers serving in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 6.6. Approval of New Hanover County Monthly Collection Reports for February 2018 — Tax Department The Commissioners approved the Tax Collections Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Services as of February 2018. NC General Statute 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 6.7. REGULAR ITEMS OF BUSINESS COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT Chairman White congratulated Judge Jay Corpening on recently receiving the David W. Soukup Judge of the Year Award at the National Court Appointed Special Advocates Conference. Department of Social Services (DSS) Assistant Director Wanda Marino thanked the Board for the opportunity to present the Community Child Protection Team (CCPT) report. She stated that Federal law mandates that this team be in place in every State and it's a citizen review panel according to Federal agencies. In North Carolina, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 2, 2018 BOOK 34 PAGE 59 they like to call it CCPT because they are a community. There are 22 agencies that work with CCPT and Ms. Marino expressed appreciation to the agencies. Child abuse and neglect are extremely complex problems and require well - planned strategies. More importantly they require everyone in the community to be responsive to these problems. This team meets once a month to review select cases and issues of gaps and resources needed in this County to make sure all of our children are safe and to address those gaps and deficiencies as best they can. Once a year, CCPT is charged with reporting to the Commissioners what those gaps and resources are, as well as the things that the team has succeeded in and the team's accomplishments. Ms. Marino then asked Judge Corpening to present the CCPT accomplishments, gaps, and goals for the coming year. She noted that he is the only judge in the State that is chairman of a community child protection team. Judge Corpening presented the following CCPT accomplishments, gaps, and goals: 2017 Accomplishments: • The Flower Launch "Happy Kids, Happy Community ": In April 2017, during Child Abuse Prevention Month, we held the Annual Flower Launch on the Henrietta. This event honors community members and professionals who work every day to nurture and protect our children. • Community Education on Reporting Child Abuse and Neglect: Training provided to law enforcement and School Counselors /Social Workers on how to recognize, respond, and report child abuse and neglect. • Intensive Child Fatality Review (teen suicide) follow up: A letter was sent to seventeen NC adolescent inpatient mental health treatment providers emphasizing the importance of continuity of care for at -risk adolescents and urging diligent follow up and coordination with outpatient treatment providers. • Medical Examiner (M.E.) Jeff Probst now responds to all child fatalities: The importance of having one consistent M.E. for all child deaths cannot be overstated. • Meeting with Senator Tamara Barringer: Several CCPT members met with Senator Barringer to discuss concerns regarding the lack of consistency between county DSS agencies when responding to child maltreatment. • Advocated for Raise the Age Legislation under House Bill 280: This legislation raised the age of juvenile jurisdiction in NC to 18 for low level felonies and misdemeanors. Lack of consistent, accessible, effective mental health services: • Difficulty accessing inpatient treatment for stabilization • Limited options for out -of -home placements for children with sexually acting out behavior • Limitations for coverage by both Medicaid and private insurance • Need for more school based mental health services • Recommendations: • Expand private insurance coverage for mental health services • Improved oversight of Medicaid providers by Trillium • Provide all schools with mental health therapists • Mandate that all New Hanover County School personnel be trained in Youth Mental Health First Aid • Substance Abuse - Involved Families: • Prevalent contributory factor in child maltreatment resulting in: • Child fatalities • Parental incarceration • Infants born addicted to controlled substances • Neglected and unsupervised children • Recommendations: • Community awareness through education regarding intervention • Continue collaboration with community partners to develop policy and procedures to ensure child safety • Advocate for legislation mandating improved oversight of medication providers and effective assessment and treatment services Lack of Affordable Non - Subsidized Housing: • Working poor are not eligible for housing assistance • Lack of affordable, adequate housing in New Hanover County, results in: • Families forced to live in unsafe neighborhoods • Multiple families residing in a single residence • Homelessness • Recommendations: • Provide funding to community agencies to develop innovative housing initiatives and solutions that meet the needs of all our populations, particularly the working poor • Require strict enforcement of housing regulations Service Barriers for Undocumented Families: • Systemic barriers exist for undocumented families to access services to meet the basic needs of their children including: • Medical care • Dental care • Mental health treatment • Housing • Recommendations: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 2, 2018 BOOK 34 PAGE 60 • Ensure that basic needs for all children are met, regardless of citizenship, through advocacy at the local and State level Judge Corpening thanked the Commissioners for all they do as leaders in this community, for their continued commitment to children in this community, and for the innovative ways this body has taken to look at how they can make things better for the children. Ms. Marino then requested the appointment of the following at -large members to the CCPT for the ensuing year: Mary Ann Lama, Executive Director, Domestic Violence Shelter and Services, Inc.; Robert J. Speight, 51n Judicial District Chief Court Counselor Division Juvenile Justice, NC Department of Public Safety; Amy Feath, Executive Director, Carousel Center for Abused Children; Chris Preston, New Hanover County Youth Empowerment Services Manager, New Hanover County Community Justice Services; and Steven Still, Director, New Hanover County Emergency Management. Chairman White asked for direction from the Board to appoint Mary Ann Lama, Robert J. Speight, Amy Feath, Chris Preston, and Steven Still to the Community Child Protection Team for one -year terms expiring April 2019. Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Barfield, to appoint Mary Ann Lama, Robert J. Speight, Amy Feath, Chris Preston, and Steven Still as recommended to the Community Child Protection Team for one -year terms expiring April 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield recognized DSS Director Michelle Winstead. Chairman White stated that he thinks it is important for Judge Corpening to continue his advocacy. He asked that Judge Corpening not let himself or his team get desensitized to these needs. They see them every day, he does as well and thinks everyone does. The vast majority in this community do not know about these needs. Chairman White further stated that he would like the County Manager and staff to take particular note of these recommendations and expedite whatever is possible to ensure that next year the discussion is about different recommendations. He thanked Judge Corpening, Ms. Marino, and the CCPT team for their hard work. PRESENTATION OF THE STORMWATER FEASIBILITY STUDY Chairman White announced that the Stormwater Feasibility Study presentation has been continued until a future meeting. CONSIDERATION AND APPROVAL OF NEW HANOVER REGIONAL MEDICAL CENTER FIFTH AMENDMENT TO THE LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT Chairman White stated that he would entertain a motion to approve that the County Manager execute the Fifth Amendment to Letter of Credit and Reimbursement Agreement. Chairman White requested direction from the Board. Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Zapple, to approve the County Manager to execute the Fifth Amendment to Letter of Credit and Reimbursement Agreement with New Hanover Regional Medical Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is available for review in the Legal Department. SECOND PUBLIC HEARING AND CONTINUATION OF CONSIDERATION OF ECONOMIC DEVELOPMENT INCENTIVE GRANT PURSUANT TO NORTH CAROLINA GENERAL STATUTE 158- 7.1 AND ADOPTION OF RESOLUTIONS AUTHORIZING NEW HANOVER COUNTY TO GRANT AN ECONOMIC DEVELOPMENT INCENTIVE TO NEW NGC, INC. DB /A NATIONAL GYPSUM COMPANY AND SUPPORT FOR NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) IMPROVEMENTS Chairman White opened the second public hearing to receive comments on appropriations and expenditures for an economic development and economic incentive agreement. As this is a second public hearing, the matter will start with a presentation from Wilmington Business Development CEO Scott Satterfield who is the presenter on this item and making the request. Because of the environmental questions raised at the last meeting, the Board will then hear from New Hanover County Public Health Director Phillip Tarte and if necessary Michael Abraczinskas, Director of Division of Air Quality with the North Carolina Department of Environmental Quality. Subsequently, the matter will move to the public comment period which will run up to 30 minutes total for people to speak, in favor of or in opposition to and they will alternate. Chairman White then requested Mr. Satterfield to make his presentation. Mr. Satterfield stated that National Gypsum Company (NGC) is not unfamiliar to us. In 1979, they opened a facility here in Wilmington and operated for 30 years with a great record producing a great product that everyone uses every day. They closed in 2008 with the downfall of the national economy, they shuttered three facilities, and one of them was in Wilmington. Wilmington Business Development (WBD) has stayed in touch with NGC and the good news is when they decided to reopen a facility, the Wilmington facility is under consideration. They are proposing spending $25 million to reopen this facility. There are other facilities under consideration and this is a competitive situation. They are going to create at least 51 jobs if they open this facility and those jobs will average $57,800 per year plus benefits. Those are sizable investments in our community, sizable jobs and important jobs. They have an excellent corporate record. They participate in the communities they are in, they are great people, and Mr. Satterfield stated WBD has certainly enjoyed getting to know them in the last year, but in particular in the last few weeks as they did further work with this company to evaluate what their impact would be on this community. He was very comfortable with this company a month ago. He is more than comfortable with this company and is excited about NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 61 the opportunity for these folks to come back. They are good people, they are transparent, they care about their people and they care about their communities and he thinks that is something that is really important. He does encourage the County to consider a $350,000 performance based incentive to encourage them to make the decision to reopen the facility here in Wilmington. The facility will have an impact not only on the payroll and the tax base, but will also have a great impact on the State ports. There will be a lot of vertical opportunities that are presented, over $10 million, estimated, in other spinoffs that will come from this facility, and WBD feels like the company will be a fantastic corporate citizen in this community. Mr. Satterfield then introduced John King, Vice President of Business Development for NGC and asked, if appropriate, for him to also make comments. Mr. King stated that it is a great honor to be here requesting the Board's support not only representing NGC, but as a former resident of New Hanover County, to be able to come here tonight with the potential to bring back 51 jobs to New Hanover County. What the Board will be voting on tonight is really about 51 jobs, an average salary of $57,000 a year, and the company commits to making an investment of $25 million here in New Hanover County. He presented the following information about the company: National Gypsum's Proposal: • Reopen its plant in Wilmington • Invest $25 million to make the plant competitive and to meet customers' quality expectations • Develop rail access to the plant • Provide 51 jobs at an average salary of $57,000 plus benefits NGC makes dry wall and dry wall is all around us, it's in this building, and is in homes. Most people are not really aware of it. There are three product families: Regular wallboard (in homes) Mold and moisture resistant — paper -faced (purple dry wall that goes in bathrooms and kitchens) Fiberglass faced - board: This is approximately three percent of total production. Used in exterior applications. Formaldehyde is in the binder of the fiberglass facer. In February when NGC came before the Board requesting support, there were very good concerns raised by the citizens of New Hanover County about the impact of reopening its plant in the community and those questions primarily centered around formaldehyde. NGC does not manufacture formaldehyde and does not bring in formaldehyde. It comes as a byproduct of the manufacturing process when making the exterior product, which is again, about three percent of what NGC makes. The formaldehyde is in the facer of the product. Dry wall has a front and a back and is fiberglass so it can stay out in the elements and part of that, when NGC's mat manufacturer makes the fiberglass mat, they use the formaldehyde as a binder to help out with holding it together. Again, NGC does not have any formaldehyde in the plant, it's in this fiberglass mat: Wallboard Facing Material: • 97% of NGC wallboard has a paper facer, either white or purple • Company purchases rolls of coated fiberglass. Formaldehyde is in the binder. Water Vapor Contains Formaldehyde: • Steam from the board drying in the kiln is emitted. This contains traces of formaldehyde when the fiberglass -faced material is heated. The Mount Holly, NC plant was opened in 2007 and there is an elementary school right across the street. The plant has been in operation for 10 years and there have been no complaints. NGC is very involved as a community citizen with the elementary school. Formaldehyde is naturally occurring and once in the air or in water breaks down in the environment. It doesn't accumulate in the environment and is measurable in the outdoor air and indoor air. It is really more of a concern in indoor air because it does not have the sunlight or the bacteria in the water to break it down. The levels that NGC is talking about at its fence line, so if you walked up to the edge of the property, is 3.1 parts per billion (ppb). At that level the formaldehyde emitted is below what would be found in background typical outside air. At these levels you cannot see it, you cannot smell it, and it is kind of in the background noise of the formaldehyde that's naturally occurring: Common Formaldehyde Exposures: • Carpeting, furniture, flooring • Outdoor air: <8 parts per billion (ppb) • Average exposure in homes: 5 — 250 ppb • OSHA's 8 -hour, time- weights average for workers: 750 ppb • Maximum annual impact from reopening Wilmington plant: 3.1 ppb Questions were raised in February about NGC's permit. NGC does have a permit, it has been maintained and renewed. The permit allows emissions up to 8.77 tons of formaldehyde a year. If broken down into a per hour basis, it is two pounds per hour which is roughly the volume that would be found in a mason jar. So just some of the numbers are kind of big, but really what is being talked about is the volume that is in a mason jar, below the ability to smell it or detect it. It is below levels that would be found inside a home. Mr. King stated that he is excited to be here tonight because of the opportunity to reopen the Wilmington plant, bring 51 jobs back to New Hanover County, and $25 million to increase the tax base. He would also like to highlight when NGC plants are part of the community, its associates in the plant give back to the community and would expect the new set of folks at this plant would give back as well. He requested the Board's support and would be happy to answer any questions from the Board or citizens. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 62 Chairman White thanked Mr. King for his comments and asked Public Health Director Phillip Tarte to step forward to make brief comments. Director Tarte stated that first off as public health official and a resident of New Hanover County he wants to thank NGC and others for the time they took to answer questions. From his perspective, it's always important as well as his colleagues in the back to understand health and environmental issues as it pertains to what we eat, breathe, and intake. Those in public health are committed to making that their priority and putting that in front of what they do. He will say that his colleagues in the back with North Carolina Department of Environment and Quality (NCDEQ) operate in the same manner. They are public health professionals. They issued this permit. He personally does not believe that, from what he has seen in the evidence and a lot of time was spent with the company talking about the formaldehyde moving forward, is that they do not issue permits that have adverse human health effects. That's not the job they do. They are public health professionals. From his perspective moving forward, based on this fact and clear science we as a public health, particularly in this community and from his office, have no hesitations about this company being here based on the formaldehyde emissions that were presented. Chairman White stated that the Board would now receive public comments and asked speakers in favor and in opposition to the request to give their comments. He asked that the speakers limit themselves to two minutes, speakers will see a two- minute clock on the podium, and stated that they will try to enforce that to be fair but are not going to be impolite to anyone. Philip White, resident of Washington Street, spoke in opposition stating that he is one of the tens of thousands of residents that are going to be near the National Gypsum plant. Not only will it have a negative impact on his property values, but he means the science shared is one mason jar per hour. One piece of trash is nothing but when it's released every hour 24 hours a day, we end up with a trash island out in the Pacific Ocean. His biggest comment is he thinks right now what they're doing is running an experiment. It's an experiment where they're literally seeing how many detrimental chemicals they can place in our environment before they reach a cliff and the health, the environment is irreparably damaged for eternity. He's concerned about that as someone who is outside all the time, who is a proud resident of New Hanover County. There is literally nowhere else on earth like New Hanover and Brunswick Counties particularly for the Venus fly trap. Why we continue to allow people to use this as a potential dumping ground but now would be incentivizing that, he can't understand. He appreciates paying a livable wage however, for 51 jobs, but even with the increased tax base, he does not see the benefit to that. Natalie English, representing the Wilmington Chamber of Commerce, spoke in favor stating that this project has again ignited debate about what type of jobs we should be growing. The Chamber's vision is to position our community for prosperity by encouraging business growth. That means we need high tech jobs, marine bioscience jobs, film jobs, and manufacturing jobs. The simple reality is that one job does not fit all. We need job categories for people who are in high school or have retired and are going back to work, and everything in between. To ensure that our economy is recession proof, we must maintain diversity in the types of jobs that we have. We also have to review them to make sure the benefits outweigh the cost and first and foremost is, does the investment of the incentives lead to an increase in investment in our tax base. We also know we have to consider the environmental impacts just like everybody in this room, the environment is critical to everything we know and believe. We need clean water, we need clean air, we need a river and an ocean and we all love that and we need to maintain those resources. That has to be maintained reasoned with facts in that debate, not holding a list up and saying we are the highest emissions county in the State of North Carolina. If you put all of our emissions, not just those on a toxic release inventory list, then you know for a fact that we are not the top, we are at the bottom, actually. A diverse set of jobs across all sectors that pay wages above our regional average will actually enhance the quality of life for many families who live here. Economic and financial prosperity should be utmost for everyone in our community and we all should pay attention to that. Our region needs jobs for all, we will be a stronger community if we are open to considering the full range of businesses to bring investment to the community. She urges the Board to support National Gypsum coming back to the community. Teresa Kruse, resident of Ruddy Duck Way, spoke in opposition stating that she moved down here seven months ago under the GenX cloud and now we have the National Gypsum cloud and fortunately Tima was defeated. She is amazed in this day and age that we continue to put the environment secondary to jobs. If we do not have an environment, it does not matter what kind of jobs we have and 51 jobs is nothing compared to why we continue to incentivize corporations that continue to dump. We are a gorgeous community and why don't we provide incentives for the film industry and other more proactive more diversified than a 20th century industry. She agrees that she is one of the new people in the community and she likes having the ability of having a new home. However, it is more important to her that we consider having an environment. She does not really see what's going here in Wilmington as far as having an environmental board to check this stuff. It just kind of slides through the Wilmington board of directors, business people which are primarily white male. And where are the rest of the people up here that want to say what's happening to our environment? She does not think that 8.9 tons is a trace amount in our environment. You go from a permit of 59 pounds to 8.9 tons. She encourages the Board to take a bigger, longer view of what's happening to the planet. Richard Ramsey, a resident of Woodcrest Drive, spoke in favor stating that he is a resident, a homeowner, and a taxpayer of New Hanover County and has been for over 25 years. He is an employee with National Gypsum Company. He has been at the Wilmington plant since 2000 and still remains there even today. He goes in and he guesses he is the care keeper of the plant, but he does want to say that when 2009 came, he watched probably 60 -plus of his coworkers and people he was friends with that had to leave the company. It was unfortunate and he feels very fortunate he was able to remain with the company, and National Gypsum is a good company. Those employees that left, many of them had 10, 20, 25, and some even 29 years of service. So that lets you know that National Gypsum, just the amount of time that people stayed at the plant was a good plant. They were a good plant, good company. He has worked at other plants, he has worked with engineers out of Charlotte, and this is a great company. They will NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 63 follow all regulations and so forth, so he wants to encourage the Board to pass this incentive package. He does not believe whether it is passed or not will make or break the company, but what he does believe is that this could easily, heavily weigh on the decisions whether or not they reopen Wilmington and he would rather see some of his coworkers and even new people come to work here in this community versus somewhere else like Tampa or elsewhere. Andy McGlinn, a resident of River Front Place, spoke in opposition stating that he is also a resident taxpayer of New Hanover County and the group chair of the Cape Fear Sierra Club. It's his privilege to speak for the club's 1,000 members. The 1,000 members, like the Board says in its vision statement, value a vibrant, prosperous, diverse coastal community committed to building a sustainable future for generations to come. Some would say that doesn't mean incentivizing a company that left at its last economic downturn. But since this is a matter of public interest, you will hear speakers talk about the dangers of formaldehyde and those dangers are clearly concerning the health of our community as we have learned of emergent contaminants in our drinking water in the last year. You will also hear about how we should not use city and county incentives to attract a smokestack business. This type of business does seem to contradict with the growth plans adopted by both the City and County. You will also hear some who might advocate a build anything anywhere concept. So how do we bring these forces together, how do we incentivize business to grow good - paying jobs for working families? How do we make their areas growth inclusive? He does not believe incentivizing smokestack industries like National Gypsum is the way to do this. National Gypsum is a multibillion dollar company. If his math is close, they make about $150 per second so the incentive we are discussing, it was used since the start of this public hearing, that's the amount of time we are incentivizing. This incentive, as the previous speaker said, means nothing to their bottom line. So what industry leading the way in a green economy where should our incentives go? First, a company named Cypress Creek Renewable gave $16,500 to Cape Fear Community College. Chairman White stated that Mr. McGlinn's time was up and allowed him up to one more minute to finish making his remarks. Mr. McGlinn concluded stating that a company named Cypress Creek, Commissioner Zapple was at their meeting. The college is using that money to give accreditation to students who could not otherwise afford to be accredited for a job they had trained for. That would be a better use of the incentives than this. Again, we are in favor of good jobs for working families of our City and County. Whether or not they are going to create those jobs probably has nothing to do with this incentive. Clearly this is a game changer for the program he mentioned which he thinks the Board should consider and National should encourage the Board to use the few minutes of revenue to develop programs that will provide a trained work force ready to take on higher skilled jobs. We all want good - paying jobs. John Lyon, a resident of Quail Woods Road, spoke in favor stating that he doesn't just work here in the County, he and his wife live here. And as a result he takes any recommendations he makes very, very seriously and he is here to recommend and comment in favor of providing incentives for National Gypsum. There are so many positives to welcoming back a good corporate citizen like National Gypsum. You heard of 51 jobs with an average salary of close to $57,000 plus full benefits. A $25 million investment in their facility. These are huge numbers and these jobs benefit more than just the 50 -plus new employees. This is going to positively impact the entire population of New Hanover County. Beyond that initial $25 million investment, National Gypsum is then going to need to be purchasing items from many businesses across the area on an on -going basis. Scott Satterfield mentioned some of that. It might be printing needs, office supplies, plumbing needs, or whatever it is National Gypsum will be spending more money on an on -going basis. Those 50 employees at close to $60,000 per year, they will be spending that money at the local grocery stores, Home Depot, gas stations, hair salons, and the list goes on and on. With that new influx of income, both corporately and for individuals, comes increased tax revenue for the County. That additional tax revenue will help to keep the property taxes down, not just for those 50 employees but everyone sitting here in this room and across the County as the Board develops the County budget each year. So, to summarize, he highly supports the County incentives for National Gypsum. It is going to have a very positive initial impact on the community with their $25 million investment. There will be on -going financial benefits for those employees averaging close to $60,000 and then to our local businesses who are going to benefit from both the corporate expenditures as well as the employee expenditures here in the community. Tonya Sales, a resident of Ridge Road, spoke in opposition stating that she had no intent on coming today but had an interesting conversation with her 6- year -old when he got off the school bus this afternoon. He attends Mary C. Williams which is about three miles from the site. When he got off the school bus he said it was smoky on the bus today because there was burning over in Brunswick County, she believes. It was very smoky this afternoon and the air quality was horrible just driving through the area. They decided to come down and talk about how it just doesn't seem to be a good fit to bring to Wilmington. People love Wilmington, they want to come here, but they don't because there aren't, many jobs. She just doesn't think this is the kind of industry, the kind of thing that we should be encouraging. And the idea that there's the elementary school and no one ever complained. Well no one ever complained about the water quality for 30 years but we found out now what's in it. We should be concerned about what's in the air too. The elementary school right by the site is not the only one. There's several within 3 miles of this site. JC Rowe is one mile, Cape Fear Center for Inquiry is 1.7 miles, Coddington Elementary is 1.7 miles, Sunset Park Elementary is 2.5 miles, Pine Valley Elementary is 2.6, Mary C. Williams is 3.0, Edwin Alderman on Independence is only 3.1 miles, and New Horizons is 3.2 miles. So all those are within 3 miles of this site. She thinks we could have something better for the neighborhoods, for the kids. We need clean air and clean water. Her son is six. He would like to stay in Wilmington with his family. At this point she will tell him go find someplace where he can be someone who can help protect the environment and the resources that we have. Tyler Newman, representing Business Alliance for a Sound Economy (BASE), spoke in favor stating that BASE is a regional business advocacy organization. They would encourage the Board's adoption of the incentive agreement resolution as recommended by staff. That action aligns with the County's comprehensive plan and strategic plan as it relates to intelligent growth and economic development. As a community, we need to continue put our best foot forward, as we draw new businesses, attract new residents, and enhance existing employers. Having a wide range NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 64 of employers in varying sectors helps maintain the economic balance. Again, BASE encourages the Board's support of this effort which will continue to diversify and strengthen our regional economy. Eric Marquis, a resident of Colinwood Court, spoke in opposition stating that he lives here in Wilmington and has two simple points to make. One point about the jobs. The City of Wilmington de- incentivized the film industry and saw hundreds of clean, very well - paying jobs disappear. He wonders if National Gypsum is the best that we can do to try and get jobs back in this community. One other point he wants to make about incentivization for the company is that this past Christmas we had a terrible cold spell. His wife, Mimi, along with some other community leaders, some people who are here today, were working the phones trying to get homeless people off the streets in Wilmington. There was nowhere for them to go. They talked to a group called Walking Tall that does food programs for the homeless. They worked with them before and they volunteered on Thanksgiving and Christmas to go serve meals for the homeless. Here's what he wants to get to. There was nothing for them. And we're giving $350,000 to a billion - plus dollar company to come into our community. It doesn't make any sense to him. Randy, the founder of Walking Tall, had 20 people staying in his home. He took them off the street. There was nowhere for them to go and he put them in his home. The rest of them were getting food, clothing, et cetera, to help these people. It seems to him that is a better place for the money to go than National Gypsum. Tim Milam, a resident of Midnight Channel, spoke in favor stating that he is a resident of New Hanover County. He thinks it's a great opportunity for this County to have these jobs. He hears lots of people talk about these jobs and these are good jobs. We've heard from the Health Director for New Hanover County, he has no hesitation about the emissions and NCDEQ, they are fine and their permits are fine. The experts that we all rely on every day tell us this is fine and he thinks it's great to have a company like this and a market that wants to be here. We know we lose companies sometimes that don't come to the market because they are being recruited by other states and other counties. And sometimes we have to give these type incentives for these companies to be here because if not, somebody else will. That's the world we live in. We have all seen there have been a couple companies that we would have loved to have had in Wilmington a couple years ago, that we did not offer the incentives to and they went somewhere else. He thinks it would be a good move, he encourages the Board to support this move. These folks have been vetted, they have been forthright in sharing their information. He urges the Board proceed with this and he looks forward to seeing these good citizens in this area just like we are. Bob Stewart, a resident of Old Town Street, spoke in opposition stating he is here to urge the Board not to incentivize National Gypsum with the County /City total of $580,000 of taxpayer money. There are several neighbors of ours here, and he asked if they are in opposition to incentivizing to please raise their hand. He thanked them. On Monday, March 26th, he, along with other key opposition leaders to National Gypsum restarting their plant, were invited to attend a presentation by Ms. Spurlock, Director of Corporate Communications of NGC and Mr. Phipps. He wants to thank her for inviting them to their presentation. He also wishes to thank her for her candor in acknowledging in the 3 -27 Wilmington Business Journal that National Gypsum's permit allowing them to emit 8.77 tons of formaldehyde per year is a, quote, "very scary number." We agree. During their presentation in the press conference and today again, you see they attempt to make that large number seem very small. They said by breaking 8.77 tons per year down to an hourly emissions rate, the resulting amount was insignificant like a mason jar of formaldehyde inside a large hot air balloon. He supposes they could make it seem even smaller by breaking it down by rates of emission per minute, but that would not change the 8.77 tons per year one iota, would it? Take the number of $580,000, for instance, and he can easily show how that amount of money would seem like a truly insignificant number. According to Forbes magazine's list of top 400 billionaires, the sole owner of National Gypsum is number 172 on the list and according to real time net worth as of today, he is worth $4.2 billion. Now, that sum sure does make $580,000 look small, doesn't it? Chairman White stated that Mr. Stewart's two minutes were up and allowed him up to one more minute to speak. Mr. Stewart concluded his comments stating that however, it is also very easy to make $580,000 look like an amount which is very large and very significant. Most people here are probably familiar with the non -profit called NourishNC. Their mission is to feed hungry kids and according to their website, 1 in 4 children in New Hanover County goes hungry not knowing where their next meal will come from and nearly 40% of children in New Hanover County public schools qualify for free and /or reduced luncheons. NourishNC distributed 461,000 meals in 2017 and served 36 schools on a budget of just over $600,000 and only three staff people. Imagine what a $580,000 incentive would do to help them feed even more hungry kids. Raise your hands if you think National Gypsum would be a worthier recipient than NourishNC. The point is National Gypsum does not need the money. Jeremy Blair, a resident of Knollwood Road, spoke in favor stating that he is a resident of New Hanover County and the City of Wilmington and he is a practicing civil engineer. He is not professionally involved with this project, nor does he have a direct financial interest in the project. However, he does have a vested interest in the overall growth and economic prosperity in the County and the Cape Fear region. He's not here specifically to promote incentives, but he does want to encourage the Board to consider its support of this facility based on the economic merit that it would use to gauge any project and not to bias its decision on environmental issues that fall outside the County's jurisdiction. We spend a considerable amount of time and effort dealing with the rules and regulations put forward by the Department of Environmental Quality and other State and Federal agencies just as National Gypsum, and its consultants have either had to do or will continue to do. Believe him, these agencies do not make it easy to get anything done. If we must comply with the policies and oversight of these agencies, then we are trusting these agents to be educated and skilled and to act in the best interests of the public. So if you agree with economic incentives, that's great. But whether it's an incentive issue or some other issue that a project may face in front of this commission, he is asking the Board to treat them fairly based on their compliance of strict and often burdensome regulations put in place by other agencies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 65 Robert Parr, a resident of Falcon Point Road, spoke in opposition stating that he is a retired emergency physician practicing in New Hanover County. He represents Clean Air Carolina and Medical Advocates for Healthy Air. He'd like to make three critical additions to what was said previously. The fence line limit of 3.1 parts per billion is nine times our ambient formaldehyde testing on the last test, so the air we are breathing now is nine times cleaner for formaldehyde than the plant has admitted they will emit at the fence line. Number 2, DEQ routinely gives permits that affect public health. Feel free to ask the DEQ representative here. A permit from DEQ does not mean no health consequences. Number 3, recent studies clearly show that levels of formaldehyde that will be experienced close to this plant do cause long -term chronic but ill- defined medical causes. So where do we go from here? He understands everybody wants to pass this, so here's a solution. He has already talked to John and Jim from National Gypsum. Number 1, their materials in their projections are based on a stack test that was done in 2008. If you ask them as a condition or a public promise to have new stack testing within one year of opening the plant, he believes they will agree to that. Number 2, you have a representative from NCDEQ here. He is well aware that our air toxic program in Wilmington for formaldehyde was taken off the list in 2009. So he would ask that the Board help us and the citizens of New Hanover County approach DEQ and ask them to reinstate formaldehyde testing. The monitor is in place, it's been paid for, it checks every two weeks, it did check from 2006 to 2009, formaldehyde was taken off. So if you are going to give incentives to somebody who admittedly is going to put out large amounts of formaldehyde help us, we'll do all the work for you, Chris, we'll work with you. You have one of the representatives here. Don't let him go, don't talk to him here but after the meeting put some pressure on him. We want the air tested for formaldehyde. Once again, this is a good company but they will only do what we ask. So he's asking that. Livian Jones, a resident of Seawind Lane, spoke in favor stating that she has lived in the County for 28 years, she has raised a son here, and she thinks it's a great place to live. She worked in the construction business for 28 years and sheet rock is hard to come by. She thinks most people here have sheet rock in their homes. She's hearing a lot of people from RiverLights are not for this and she's embarrassed about that. She headed up that project for three years, went through a lot of environmental scrutiny, public hearings for that development and there are regulations. It is not the good old boy network, it's scientists, people who pay attention to these things for a living, that we are required to go in front o£ That has happened. This industry has done that. They have been in business here before; she is in favor of paying them incentives. Judge Corpening was here earlier and he talked about affordable housing. Every meeting she goes into, she hears that. Well, our values have increased because product is hard to get and affordable housing regulations, environmental regulations, sheet rock, it all drives the cost of housing up and we are all experiencing that, and she wants nothing more than to provide affordable housing. She thinks National Gypsum has met all the requirements for permitting. She is in favor of paying them incentives and she thinks they will be a good corporate neighbor. Jason McLeod, a resident of Small Dove Court, spoke in favor stating he has been a resident of New Hanover County 25 years, he is the father of three young children, 10 and under, and he is also a white male for whatever reason that is important as was brought up by a lady in the back. He assumes that maybe if his wife wasn't home taking care of their children, she would be here in his place. He is here in support of incentives. To him, several things stand out. The existing facility that is there, the investment that was made, the history of the plant for 20 -plus years being a good corporate citizen, and the jobs it provided to the citizens back then. He drives by the site frequently and it would be exciting to see it active again and see 50 of his fellow citizens back at work, supporting their families, keeping themselves off the streets, and being able to provide in the community. He is very satisfied with the feedback we got from Mr. Tarte and his exploration of digging into this deeper and appreciates the Board giving everybody time to review this process further. He has heard a couple of things from people opposing this talking about this chunk of money and how you can give it to another community organization, but the reality is this helps us leverage this for better opportunities to improve our community long -term. The County can't just give that money to support nonprofits all the time because nonprofits don't make a profit. You have to make profits to continue to invest in the community. He thinks National Gypsum will be a good citizen and he would encourage the Board to support the incentives, and he looks forward to having them be a neighbor in New Hanover County. Ernie Olds, resident of Folly Island Court, spoke in favor of the request stating that he is a practicing architect, a business owner, and a member of the construction economy. There's a lot of them part of that construction economy. Ten years ago, the design and construction group began a deep slide into national depression. Most firms saw their business value, staff size, and the number of their projects cut in half. Today construction is booming again as people move here to live and play in our beautiful community. National Gypsum is part of this resurgence. He urges the Board to support National Gypsum and support growth in the area. Chairman White closed the public comment portion of the Public Hearing and opened the floor for Board questions. Commissioner Zapple thanked everybody for coming out and his fellow Commissioners. He knows 30 days ago he asked that the Board table this issue because at that time we did not have enough information, he felt he didn't have enough information and he thinks his fellow Commissioners felt the same. In the past 30 days there has been a lot of discussion. He knows he has received the same emails his fellow commissioners have, plus the time that has been spent by the National Gypsum Company that came out and sat through a very lengthy presentation as well as telephone calls to the NCDEQ, the Division of Air Quality (DAQ), and certainly talking with Mr. Tarte, the Health Director. Everyone made themselves very open and he knows he for one asked a lot of questions and he's got to say everything that he brought forward was answered, he thinks, and answered without hesitation and in a very responsible manner. He thinks the good news for our community is this issue was raised, the questions were brought forward, we responded and the people who are involved at all levels, including our regulators, all responded appropriately. Commissioner Zapple further stated that he does have a couple of questions for Mr. King and asked him to step forward. He stated that we've heard a lot about the employment and the jobs, the 51 jobs coming here, he knows some of the questions that have come forward from the community. He asked Mr. King how many of those jobs are planned to be from our New Hanover County community. Mr. King responded that it would be hard to put a number NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 66 to it until they actually hire, but he would suspect typically when they do these projects there will be a small core. Typically, a plant manager would come from an already operating plant, maybe three to five folks that have operated in another plant, so it would be somewhere in the order of five; 45 or 46 of those jobs would be hired, most people don't want to drive too far so he would expect they would either be here in New Hanover County or relocate to New Hanover County. Commissioner Zapple then asked if it is the full intention of National Gypsum to hire the vast majority of those jobs here locally. Mr. King responded that is correct. Commissioner Zapple stated that the number 8.77 tons has come up numerous time. He knows in conversations with Mr. King and NCDEQ it appears the actual amount of formaldehyde that would be released is going to be far less than when NGC is in full production. He has heard as much as 30% to 33 %, or one - third, less than that number and asked Mr. King if that was correct. Mr. King responded he thinks that when James talked about it, NGC's measured results were actually much lower so that would be the one - third. Really the amount of formaldehyde they would emit would depend on the amount of product they ran, but they would not exceed the amount in the permit. Regarding the rail spur, Commissioner Zapple stated that he knows the written documentation that the incentive package that has been brought forward to the County focuses on the rail spur. He asked Mr. King what kind of difference would that make to the operation. Mr. King responded that part of the reason NGC had to idle this plant back in 2008 during the great recession was just the cost competitiveness. The rail spur would allow NGC to lower its costs and be more competitive in the market, so that's bringing in raw materials. NGC does bring in a portion of raw materials. It also enables them to ship product farther. If there is a downturn, housing is very cyclical, they fully expect there to be another downturn and they would be able to ship product further than they did before because they have rail. Rail is very expensive; that's part of the reason they are here today asking for the Board's support. NGC does think rail is needed to make this plant more competitive and they want to make that investment. Commissioner Zapple stated that it was his understanding in meetings that we are in competition with NGC's Tampa closed facility at this point. He asked Mr. King if Tampa has rail and if it was correct, that is one of the deciding factors in corporate's mind. Mr. King responded that it does have rail and that is one of the deciding factors. Commissioner Zapple asked County Manager Coudriet if the structure of the County's incentive package is for $350,000 at $70,000 per year. County Manager Coudriet confirmed this and stated that it is based on specific performance metrics that have been generally outlined for the Board with the $25 million investment, 51 jobs at $57,000, but the specifics would be ultimately in the contract that is executed between the Chairman and the company. Commissioner Zapple asked if the $70,000 per year, with the $25 million investment from the company itself and the increase in the tax base, would the tax revenue coming from that exceed $70,000 per year? County Manager Coudriet responded it would in every year. Commissioner Zapple asked if that was starting with year one. County Manager Coudriet responded that in year one there is a positive return to the County. Commissioner Zapple stated to Director Tarte that he knows there was a petition that was brought around and made a part of our package as well. In the petition one of the key lines was, and he just wants to hear Director Tarte's opinion on this, "to reduce their permitted emissions to a level low enough to ensure that public health is not compromised for anyone in our community, city, county and region ". He asked Director Tarte if he agrees that that has happened with the information or that's what has happened here from the information he has received. Director Tarte responded that he can say he has not seen the petition but would say that based on the permit application, yes, you are well under the limits based on that. Based on the modeling and the information they provided from other companies that were producing that product. Commissioner Zapple asked if the public health is not compromised for anyone in our community, city, county, and region. Director Tarte responded that he can say that based on the permit application and the permit requirements and he thinks that might be left better said to the permit applicators, which is DEQ. Based on what we've seen and as long as that limit is upheld, that permit is written specifically for the benefit of public health. Commissioner Zapple asked if there was somebody in attendance from DEQ who can answer a question on the background amount, he knows Mr. Parr brought up the 3.1 ppb. Michael Abraczinskas, Director of Division of Air Quality with the North Carolina Department of Environmental Quality, stepped forward to respond to questions. Commissioner Zapple stated that there was a comment that was made earlier that the background emissions here in our air in New Hanover County, if he heard Mr. Parr right, of 3.1 ppb would be nine times the background that currently exists. He asked Director Abraczinskas if there is data that supports that. Director Abraczinskas responded that he is not sure what data Dr. Parr is referring to, he'd like to talk with him a little more to better understand what data he is referencing. Commissioner Zapple stated that we were given data on the slide he saw the background ambient was 7 ppb and maybe that is just a general throughout New Hanover County. He asked Director Abraczinskas if that sounded right to him. Director Abraczinskas responded that in terms of ambient air quality measurements of formaldehyde there are not any in New Hanover County currently. However, that is separate from talking about the emissions specifically that may result from this operation. Commissioner Zapple recognized Mr. Parr and asked if he wanted to join this conversation for a moment. Chairman White stated that he will rule that out of order as Mr. Parr has had opportunity to make comments, he is not an expert, and he's not sworn. Director Abraczinskas is from DEQ and Chairman White asked that Commissioner Zapple pose his questions to him. It may be that Mr. Parr and Director Abraczinskas could convene after this to discuss. Commissioner Zapple thanked Chairman White and Director Abraczinskas and stated that was all he had. He just wanted to see if we could bring some clarity to that point. Chairman White asked Mr. King to step forward and stated that Dr. Parr did talk about new stack testing within one year and evidently Dr. Parr has spoken to Mr. King about it. Mr. King confirmed that he did. Chairman White stated that Mr. King may not want to comment, but he'd like to ask Mr. King to make some comments on that and be on the record for what his views of Dr. Parr's comments were. Mr. King stated that he would like to go on the record for two things. One is in the meetings they had in the last two weeks one of the things that they did volunteer was to report their emissions to the County. They are not required to do that by their permit, but he understands that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 67 there are some questions about companies and some mistrust and they offer that up as a sign of being a good corporate citizen. Not required to do that, but they will do that. He would go on record for the company that they would commit to doing a new stack test within the first year of operation if both the County Commissioners and the City Council voted to incentivize them to come to Wilmington. Again, not required to do that but he believes as a good corporate citizen they would be willing to do that. Chairman White asked Mr. King what if the Board made that a condition of an incentive vote tonight. Mr. King responded that he would agree to that. Chairman White thanked Dr. Parr for making that suggestion. Chairman White stated that is the extent of his questions at this time and asked if there were any other questions or comments from the Board. Commissioner Kusek stated that she would like to say thank you to everyone who came out tonight and everyone who has been involved in this process over the last six or eight weeks. Everybody here wants to protect our environment and have a safe and healthy place to support our families. We need to have jobs to support those families. By growing a diverse set of jobs across all sectors that pay wages above our regional average, we actually enhance the quality of life for many families who live here. The jobs like National Gypsum are able to provide and enable workers to have the ability to earn more, provide for their families, pay more in taxes, purchase more from local small businesses, and pursue the great American dream to a higher degree than they can today, all without having to leave southeastern North Carolina. Economic and financial prosperity for everyone should be a guiding focus for everyone. Reasoned debate driven by facts is helpful to this process. Generating fear and misrepresentation of facts is not helpful. Each of us wants to attract businesses that follow the rules. We cannot create the perception that New Hanover County has a bias toward any manufacturing and certain other industrial uses. We need and we can safely accommodate a certain level of industrial manufacturing here. National Gypsum holds a valid permit for its operations, they have been open and cooperative in answering our questions and she wants to say thank you for all your cooperation with us. National Gypsum does not need our permission to resume their operations here. They simply do not need it. In that valid concerns raised have been adequately addressed, we look forward to the jobs, investment, and good corporate citizenship that National Gypsum intends to bring back to New Hanover County. Commissioner Barfield stated that he wants to thank all the folks who are here today. There's been a great bit of discussion in our community which he thinks is healthy as we talk about issues that relate to the quality of life that we have for New Hanover County. He is pretty much a lifelong resident here, been here since he was a year old and he is 52 now. Unlike many others in this community, his father sat at this same desk and served as a County Commissioner and he also fought to protect the quality of life in our community. He served for twelve years. There's not a bigger environmental steward or advocate than himself on this board, he believes, as he is one of the Commissioners that voted a couple years ago to pass the first special use permit to make sure we invite industries into our I -1 and I -2 districts and are doing the right thing for our community. In going through the process of working with the EPA in DC a couple years ago to make sure we are not one of the counties to be considered nonattainment, gave him a greater insight into what the regulatory agencies do to protect the lives of citizens here in our country as well as in our county. Understanding the work DEQ does and we've seen a lot of them over the past year or so and dealing with the GenX issue and recognize that we have great scientists and staff at the State level doing their job to make sure we are safe and well protected. Coupling that with our great health department and Health Director who is also a great advocate for our community and our environment as well has given him confidence in knowing this will be a good proposition for New Hanover County. We had a great phone conversation with DEQ about a week ago and a lot of great questions were asked. The one thing he learned from that conversation is this: there's formaldehyde everywhere. There is formaldehyde in the environment. Trees emit formaldehyde. So if you walk out into this beautiful nature -esge community we have, you will find formaldehyde everywhere we go. Sheet rock is in your home, there will be formaldehyde there because it will be in the product that is made. Looking again at the reports and the questions answered by DEQ, the fact there would be nothing harmful coming into our community, he can do nothing but support this initiative coming forward. Looking at the fact that we need quality jobs here. He hears from so many citizens in our community, "Commissioner Barfield, I can't find a job, I can't find a job that will take care of my family." About a month ago we had a summit on affordable housing here and it was said that the average person working minimum wage would need to work three minimum wage jobs to afford the average apartment here in our community. Again, the average person making minimum wage would need to work three full -time minimum wage jobs to afford the average apartment here in our community. That is also a concern for him. Bringing in jobs paying in excess of $50,000 a year plus benefits would be phenomenal. As you all know, we have partnered with our school system and Cape Fear Community College to build a vocational education training campus on the north campus of Cape Fear Community College. Young boys and girls in high school now that may not decide to go to college will have the option of getting a job that will give them, that they can work with their hands, whether it be working as a machinist or working as a welder and likewise. Recognizing that every kid in our schools are not going to go to college and we need a diverse, in his opinion, set of jobs here in our community. He hears his Dad tell a story about when GE first came to Wilmington. Back then we had one manufacturing plant here called Babcock and Wilcox. GE wanted to come here and they were told you can come here but you cannot pay the wages that you pay across the country because we only have one manufacturing plant and they cannot compete with those wages. GE decided to adhere to those guidelines. came here, they paid lower wages, and once they hired their staff they immediately began giving their people raises. Now GE has their national nuclear headquarters of the world right here in New Hanover County, Wilmington, North Carolina. Other companies like Corning have come and DuPont came and eventually went away, but other companies like Castle Branch and Live Oak Bank have come here with different skill sets and again for a diverse economy to grow we need to have diverse jobs. So at the appropriate time he would definitely move that the Board approve the economic incentives. Chairman White stated that there was a motion on the table. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 68 Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, to adopt a resolution authorizing New Hanover County to grant an economic development incentive to New NGC, Inc. d/b /a National Gypsum Company and require that a new stack test be completed in the first year of operation. Chairman White asked if there was any further discussion. Vice - Chairman Watkins stated he wants to let everyone know we have read all the emails, listened to your phone calls, we have had a lot of pro, we have had a lot of con. He congratulated Mr. Tarte and he will be the first to tell you he had no bias from anyone on staff. He pursued his duties as Health Director. He spoke not only with DEQ but also with the EPA. Vice - Chairman Watkins further stated that he and Mr. Zapple were in two meetings, one with National Gypsum and one with DEQ, as well as other Commissioners and City Council members. He cannot speak for them, can only speak for himself, but when he left the room those days, people were impressed first with National Gypsum's forthright information and there was a misprint in DEQ about some 57 pounds, one time, that should never have been in the public record. That has been since corrected. His father was a brake mechanic. His mother ran a dairy. He was the first person in his family to graduate from college. He believes in clean fingernail jobs and he believes in dirty fingernail jobs and we need a balanced economy in New Hanover County. He wants to thank each and every one who has participated in this process, pro, con, or just being neutral. Commissioner Zapple stated that he knows there is a motion on the floor. He wants to make sure that the request for new stack emissions is included in that and also, he is struggling on how to attach this to it, but to make a formal request that formaldehyde be added back into the testing menu that is involved with our local monitor that we have here. He does not know if that can be, who exactly to put that request to, he would like to tie this to the proposal as well. Chairman White asked Commissioner Zapple if that was all. Commissioner Zapple responded it was not, he had a couple more comments. Commissioner Zapple further stated that he thinks that this, again, as a community we have come an enormous way between Titan and GenX, now National Gypsum and the Tima program and we have educated ourselves because we did not have any other choice. This debate that we have just had has been, he thinks, incredibly healthy. It has been helpful to him and he thinks to all the Commissioners as we look out to what we want New Hanover County to look like in the future. He has asked a tremendous amount of questions of all of our regulators and the company itself and he believes them, National Gypsum, to be a good corporate partner as they have been up until 2009, January 30th when they had to close down and now are coming back. He is in support of this with the conditions that we added to this. But again, he thinks this is a part of a much longer conversation we are having as a community as we step up. He looks forward to hearing from everybody in this audience and everybody who is listening as to what they feel our community should look like in the future because this is definitely one of those stepping stones. Chairman White stated that so folks in the public know when an incentive, if it passes and the company moves here and it's granted and starts to initiate itself, staff requires through public record to document, a) that the jobs arrive, b) at the wage advertised and, c) that the cap "x" expense is spent. In other words, the company doesn't get any money over a five -year span unless those things happen. It has checks and balances. If that doesn't happen they don't get the incentives. He asked County Manager Coudriet if that was an accurate statement. County Manager Coudriet responded it was. Chairman White then stated that on Commissioner Zapple's first comment about the new stack testing, the company did agree to that, to make that a condition, and he asked Commissioner Barfield if his motion included that as a condition. Commissioner Barfield stated that it did. Chairman White then stated that on the second issue that Commissioner Zapple rose, we don't have any authority to force the State to do that. He does not know if it's a funding issue, if it's a policy choice, he invited Director Abraczinskas to comment on that before the Board proceeds. He knows Commissioner Barfield then has the floor and then the Board we will make some final comments. Director Abraczinskas stated that regarding the question about ambient air monitoring for formaldehyde, he thinks it is important to consider the many sources of formaldehyde across the State and have a hypothesis of what we would seek. They have very limited formaldehyde information across the State and it generally shows a strong signal from the biogenic sector as mentioned earlier. Formaldehyde is something that is directly emitted from facilities like what is being discussed today and is also secondarily formed from a variety of sources including a compound like isoprene that's emitted from pine trees that quickly reacts in the atmosphere to form formaldehyde. If a formaldehyde monitor is put outside this building right now formaldehyde would be found, that is absolutely correct. Probably about 80% of that that's monitored in ambient air in North Carolina is of the biogenic nature. His group would have to do some thinking and circle back and consider the value of the additional formaldehyde monitoring when they see fairly flat monitoring results across the State and across the southeast, but that is certainly something they can take back to their shop under consideration. Chairman White recognized Commissioner Zapple for a question on this one item as he had recognized Commissioner Barfield first. Commissioner Zapple stated to Director Abraczinskas that his understanding is that we have a monitor that's right over, an air quality monitor, that is in operation today. All he was asking for is to add to the menu or the panel that they collect that formaldehyde get added to that. He would like to know if there is a reason why that cannot happen. Director Abraczinskas stated that it is technically feasible. The department currently does not have the instruments there at that site that enables them to collect for formaldehyde, but it's something they can take back under advisement and discuss with their laboratory folks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 69 Commissioner Barfield stated that he guesses Director Abraczinskas answered his question. He then asked if the monitoring was stopped because there was nothing more than the background noise being received from the environment. Director Abraczinskas responded that they did scale back some of their urban air toxics monitoring many years ago, but they still are collecting analyses of interest in key areas, including here in Wilmington. Formaldehyde happens not to be one of them at this time but he will reassure us it really does not end there in terms of holding folks accountable, especially with regards to emissions for pollutants we are not monitoring in ambient air. Their compliance program takes care of that. They are reviewing regular reports from facilities like the one being discussed here today that are required as conditions of the permit where they must submit reports on those emissions quarterly. They check behind those as part of the compliance program. He does not want to leave anyone with the wrong impression that just because there's not a monitor outside monitoring how much formaldehyde is in the air, does not mean that they are not keeping track of that very closely across the broad spectrum of emissions sources of that compound and many others. Chairman White stated there is a motion and question on the table, but he would like to make very brief comment, he knows the hour is growing long here. He also moved here when he was one - year -old and he appreciated Commissioner Barfield's comments about his father and GE, it really tells a story of this place. His dad came here to attend UNCW as a GI Bill student. When UNCW was founded, it was almost entirely by veterans wanting to go back and relearn skills and support their families. So he moved here to do that. His major was marine biology, which is an environmental degree. He was in the first graduating class and he imbued him and his brothers with almost a daily dose of respect and admiration for the environment starting with little things like "Don't litter "; "Don't throw trash on the ground ". Going to big things like leading classes year after year after year down to the ocean to look for sea anemones and sea life. He'll never forget going to the Bridge Tender for the first time, those who just moved here, they probably have had a very delicious, but expensive, meal there. It used to be a science lab for UNC- Wilmington and his dad would walk him around there while they studied marine life. He graduated with a degree, Dr. McQuery's first class, could not find a job in the marine biology industry, but it never stopped him from being daily committed to loving the outdoors, camping, and teaching his children respect for the environment. So when these issues come up for him, speaking only for himself, he takes them as seriously as every other Commissioner and he has learned a lot through this process. He commends a number of people, the company, he commends the environmental community, those who were informed and took time to study and research. He commends his fellow Commissioners for the deliberative manner for which they considered this, our staff, the State staff, and the media in town. If there is a paradigm and a post - Titan, post -GenX world here that this community can now embrace and how to handle these questions we have seen it in the last 40 days. He commends everyone for that. He appreciates everyone indulging him in making brief comments. He asked if there were any other comments from the Board. Vice - Chairman Watkins called the question. Hearing no further discussion, Chairman White asked for a vote for a motion on the floor with the condition that is now part of the public record. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman White asked for direction from the Board on the resolution concerning the North Carolina Department of Transportation (NCDOT). Motion: Commissioner Kusek MOVED, SECONDED by Vice - Chairman Watkins, to adopt a resolution of support for North Carolina Department of Transportation (NCDOT) to make necessary improvements it negotiates with New NGC, Inc. d/b /a National Gypsum Company as part of its incentive agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 6.8. BREAK: Chairman White called a break from 5:40 p.m. until 5:49 p.m. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNER, YOSEF, INC., TO REZONE APPROXIMATELY 1.8 ACRES OF LAND LOCATED AT THE 7900 BLOCK OF MARKET STREET FROM O &I, OFFICE AND INSTITUTIONAL DISTRICT, TO (CZD) B -2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO DEVELOP A RETAIL AND OFFICE CENTER (Z18 -02) Chairman White opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Design Solutions, on behalf of the property owner, Yosef, Inc., to rezone approximately 1.8 acres of land located at the 7900 block of Market Street from O &I, Office and Institutional, to (CZD) B -2, Conditional Highway Business District, in order to develop a retail and office center. The property is currently undeveloped and it is mostly wooded. Access is provided by Bump Along Road, which is a private road, and by Raintree Road, which is a public road maintained by the North Carolina Department of Transportation (NCDOT). State maintenance of that road ends at the property line of the subject parcel and there has been a dirt path that has been established on the property from Raintree Road to Bump Along Road. There are regulated wetlands on the property and they are proposed to be filled in accordance with the applicable standards of the U.S. Army Corps of Engineers (Corps). The applicant is proposing to construct two commercial buildings consisting of office retail and restaurant related uses. The buildings consist of an 11,800 square foot two story building and a 3,000 square foot one story building. The development will connect Raintree Road and make improvements to Bump Along Road that will support two -way travel. The applicant has also agreed to a condition that would limit the allowable uses to the ten as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 2, 2018 1. Eating and Drinking Places 2. General Merchandise Stores 3. Miscellaneous Retail 4. Banks, Credit Agencies, Savings and Loans 5. Barber and Beauty Shops 6. Office for Private Business and Professional Activities 7. Business Services including Printing 8. Dry Cleaning and Laundry 9. Indoor Recreation 10. Personal Services BOOK 34 PAGE 70 They generally consist of office retail and restaurant uses. All these uses are permitted in the B -1 district by- right. The applicant is seeking to rezone the property to the B -2 district due to the fact the subject property is not meeting the minimum acreage requirement needed to qualify for the B -1 district. However, the property does qualify for the B -2 district due to there being existing B -2 across Market Street. A Traffic Impact Analysis (TIA) for the project has been completed and has been approved by the Wilmington Metropolitan Planning Organization (WMPO) and NCDOT. The TIA studied the three intersections on Market Street and also considered two alternatives, one with and one without Raintree Road. The TIA concludes that the intersection of Market Street and Marsh Oaks Drive currently operates at an acceptable level of service and will continue to do so with the proposed development. The next intersection is at Bump Along Road. This primarily focused on the right out movement, which will be the main movement of this intersection as the median that will be installed along Market Street next year will prevent any left turns entering or exiting the property. The intersection will operate at an acceptable level in the AM peak and either an E or F at the PM peak. The level of service is improved at both peaks with the connection being made to Raintree Road. The improvements required as part of the TIA include the installation of a southbound turn lane extending from Bump Along Road to Mendenhall Drive, and signalization of a future U -turn intersection on Market Street, which will be installed with NCDOT's project U- 4902D. There have been three other TIAs approved in the area, the Aldi grocery store and the Market Street Retail Center have been constructed at this time. Transportation improvements have been installed with those developments and there are two major State projects, the Military Cutoff extension project and the Market Street median project which, again, work on that is expected to begin early next year. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This place type promotes 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. The proposed project is generally consistent with this place type because it will provide services for nearby residents. This type of low- intensity commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. The Planning Board considered this application at their March 1, 2018 meeting. Two residents spoke in opposition to the application, citing concerns over flooding, traffic, and the impact to existing wetlands. The Planning Board recommended approval (4 -0) finding that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the low- intensity commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. 2. Reasonable and in the public interest because the proposed development will support business success and provide commercial services to the surrounding residents, while improving road interconnectivity that will provide additional access for nearby residents. The Planning Board recommended the following conditions: 1. The improvements required as part of the approved Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. 2. The two -way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30- foot -wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be dedicated for public use, either by dedicating an easement or right -of -way. 4. The development must include bicycle parking facilities consisting of at minimum four bicycle parking spaces. 5. Land uses of the proposed buildings shall be limited to those indicated on the site plan. In addition, indoor shooting ranges shall be prohibited. Chairman White invited the petitioner to make comments. Cindee Wolf of Design Solutions, representing Yosef, Inc., stated that the proposed project is a commercial development on busy Market Street. A lot has been happening in this area with the infill of businesses to serve them. Successful development of this tract in the existing office and institutional district, though, has been severely inhibited she believes by the permitted uses as an O &I district. The Bailey Shoppes, as staff described, and boat retail on the ground floor, and then offices on the second level would really enhance this particular site. As a conditional district plan, the uses can be limited but effectively adding miscellaneous retail and services they believe are very appropriate along this busy corridor. The TIA did consider both the traffic created by this proposal and determined with the recommended improvements in place there will be adequate capacity to accommodate future traffic. During the Planning Board meeting, a question arose about B -2 districts having to be a minimum of five acres as far as the area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 71 A B -2 district or any district does not acknowledge the intervening roadways as long as those are perpendicular. This existing B -2 district is already about 14 acres, so this proposal would be adding 1.8 to that district. Another concern expressed during the meeting was by the closest neighbor, Mr. and Mrs. Cromartie. They own the house at basically the end of the homes within the neighborhood. It is approximately 400 feet down the road. However, what has occurred is when Raintree Road was installed and stubbed to the property line of her client's property, it effectively created a dam of some low spots. Mr. Cromartie's footprint is up around the 29 -foot contour, the lowest part of this dammed area is around 25 -foot elevation. The same issue is happening with her client's property on another side because the old railroad bed that ran parallel to Market Street effectively dammed the ditches and the drainage pattern along Market Street from her client's property. She and her client have done the preliminary engineering to what they believe will satisfy the problems in this area, mitigate them with whatever development they are proposing, but actually enhance the area and fix the problem that is there. This project is required to provide stormwater management which of course the Hearthside project had not. It was an older project before the stormwater management requirements were in place and they will have to meet the regulations of both the State and County ordinances. Runoff from all surfaces must be collected and piped to a pond facility for both water quality treatment and attenuation of volume to meet the predevelopment standards. Everything from this site will be piped back. A pond on the adjacent piece of property will be used, which will be in the same ownership but they are not trying to rezone that property so there will be a drainage easement for use of both properties, whatever development occurs. The pond then needs to have an overflow for the higher year storms that are above and beyond what can be designed for. They will be creating in the outlet of that pond the piping under the Raintree Road extension and out to the normal drainage pattern, which is the pipe that goes under Market Street, which is a NCDOT pipe. Part of their proposal is that they are committing to installing an additional drop inlet. It has to be beyond the wetlands and just above the level of those wetlands, but that will then serve as an overflow for the low area that has been inhibiting the neighborhood comfort level as far as heavy rainfall. Ms. Wolf further stated that the other thing that is important to consider is that part of the project to put in the median and widen Market Street is including replacing an existing 30 -inch drainage pipe under Market Street with a 54 -inch pipe, so effectively almost doubling the drainage of the outflow from this entire area. Some of these things have been explained to Mr. Cromartie and if he has questions, she will be happy to answer them. She and her client believe that Bailey Shoppes is consistent, reasonable, and in the public interest and those reasons are that the Comprehensive Plan designates the area as a project in the Community Mixed Use place type. They believe the project is substantially what the plan strives for, infilling with services convenient to the community they serve. This project improves the form and function of an underused site, it maximizes the desired land use efficiency, and is an excellent opportunity for good economic development. The improvements offered by this condition not only will benefit the project itself, but the greater area with infrastructure including that turn lane onto Bump Along Road, the improvements of Bump Along Road, extension of Raintree Road for emergency services, and the stormwater management improvements that have been discussed. Ms. Wolf concluded her presentation stating that the project is in an O &I zone. They could build this building and parking area, but they truly believe the addition of the uses in the limited list of uses, which includes restaurants, personal services, and neighborhood retail, will benefit this project and this area altogether. Chairman White stated that no one signed up to speak in favor of the request and asked that those who signed up to speak in opposition to the request to give their comments. Chevalier Cromartie, a resident of Raintree Road, spoke in opposition stating that he is not here to speak in opposition to the business owner so much as against the plan. He does have some concerns and he lives in the house closest to the structure within 400 -500 feet. October 15th they got Hurricane Joaquin, almost to the day in 2016 they had Hurricane Matthew, and almost a year to that day a sink hole opened up due to a collapsed culvert. He believes it highlights some logistical issues with stormwater and NCDOT along that road. His and his neighbors' concerns are the impact such a structure would have on the area. He thanked Ms. Wolf, Mr. Bailey, and Mr. Schuler who have made concerted efforts to put his mind at ease before coming into the chamber today. They did highlight some plans that they have to kind of help alleviate the back water situation that's already present there. His concerns are being the size and scope of this project would exacerbate the backwater situation that's already there and what would happen the next time a hurricane comes through. He was within a couple feet of total disaster and his concern again is what a structure of that size, that magnitude, would do in helping push that water over that line the next time. Also he and his neighbors had some concerns about the increased traffic right there, people already use Raintree Road as sort of a cutoff or to get around the existing traffic there. People fly down that road all the time and he guesses they realize that it's not managed as well but he thinks that's why they use it as a shortcut. So his concerns are with the increased amount of traffic. He spoke with Ms. Wolf earlier, hopefully as a condition if this should pass is that they get some sort of speed bumps in that area to discourage people from using that as a cut through and flying down what otherwise is a quiet neighborhood. Pretty much his concern lies again with the back water situation this may cause. He has had repeated conversations with both stormwater and NCDOT for New Hanover County. He is caught in the position where stormwater wants to point the finger at NCDOT and NCDOT wants to point the finger at stormwater. Naturally he is becoming very frustrated, he feels like he is not getting the help or the response that he needs from New Hanover County or NCDOT or stormwater, and again, just has a concern about what the runoff situation would look like by bringing such a big establishment into this area. Also the rezoning portion, the B -2 conditional, he had some questions as to whether or not that could change at a later date, if that could then be a permanent B -2 or something a lot larger which would bring other things like strip clubs or gun ranges into the area. So he wants some clarity on that as far as what that looks like and if they have any plans to change that. He implores the Board to look at this area and make sure that whatever happens, it remains in harmony with that area. He knows most of his gripes go to NCDOT and stormwater but, again, he cannot ignore the potential impact that this structure would have in this area by building and filling in the wetland because that water NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 72 has to go somewhere. It's going to come right down to him and next time he may not be so lucky or his neighbors may not be so lucky. What that structure looks like as far as living in harmony with the existing infrastructure for the pipes and culverts that exist along Raintree Road. Again, they just had a sink hole open up in November of 2017. NCDOT was very quick to respond, but again he does not feel like they have addressed the other issues within that area appropriately and that is his main concern. Again, he and his neighbors want to live in harmony and as long as that is the case, they want to make sure it is so. Chairman White asked Ms. Wolf if she wished to speak in rebuttal to what the opposition speaker had to say. Ms. Wolf responded that she did not. She could answer questions and certainly she can get the engineer to step forward if there is a need for further explanation. As she outlined, the low spot is there, it's off their site, so all of their water has to go beyond and away from that low area in the first place. She believes truly that the drop inlet being proposed as part of the system would be a boon to that area, to the problems he has encountered. She further stated that she has spoken with Mr. Cromartie, before the meeting about the possibility of some traffic calming measures along that extension. But whatever is back along Raintree Road, as far as the sinkholes and other culverts if they are not clean or flowing properly, that is purely a NCDOT issue. Chairman White closed the Public Hearing and opened the floor for Board questions. Commissioner Zapple asked Ms. Wolf if she shared the plan, the one that was shown on the monitor with the blue dotted line, with Mr. Cromartie. Ms. Wolf responded she did not have a printout of it and explained to him that it would be up on the screen and could provide it to him. Commissioner Zapple stated that if he has interpreted right, it appears on paper there is a pretty good job of addressing those issues. He asked if it was the blue dash line that is backing up against Mr. Cromartie's house and what is the top of the new inlet that will be installed, what is the elevation of that is planned for. Ms. Wolf responded that this is all preliminary, but it appears that the wetlands from the survey that they had prepared, they have the wetlands delineated and they have the topography. The wetlands are basically at a 25 -foot level so if they put the top of that inlet at 26, then that gives free board to what they believe is roughly his floor elimination. Commissioner Zapple stated that if they set at 26, that's going to drain at roughly 50% -60% of that area and should send it down shooting across the road there. He thanked Ms. Wolf for doing that and encouraged her to get a printout and share it with Mr. Cromartie. Commissioner Zapple also stated that he noticed there was a note in the packet that said the water and sewer will come here, but he does not see it as a condition. Ms. Wolf stated no, there is sewer. There is sewer up the road and there is a force main that runs through it, but it's a major force main so they won't be able to tap into that, but the plan is to run gravity sewer down to the corner and that's how it would become sewered. There is a water line that runs right in Raintree Road. It's part of the plan and there will be public water and sewer. Commissioner Zapple stated that in regards to the culvert, it was noted there was a culvert that facilitates the blocked drainage pattern, on page 14 -7 -2. He asked Ms. Wolf if that was the culvert she explained they were dealing with or if that was a separate culvert. Ms. Wolf responded that it will end up being essentially three fixes. One is there's never been a culvert across Raintree Road so that is what is damming up that section. Then there is also sort of a high spot along where the old railroad bed was and has dammed where the blue section is indicated on the plan. Then the NCDOT pipe on the plan is 30 inches and it is obvious that if they are going to be increasing it to 54 inches, they have acknowledged that there is a lack of drainage there. In doing all of their plan, they will be piping to come over in spots and either piped, swaled, or whatever it will come to a point where it naturally drains and then the 54- inch pipe will be sized for that development. Commissioner Zapple then asked Ms. Wolf if the one that was mentioned in the narrative, this failed or blocked drainage, everything she just described, it is not something separate. Ms. Wolf responded that she is not saying there is a blocked culvert. She is saying there are no culverts and these areas have dammed up naturally. Commissioner Zapple asked if they are planning on improving the situation all the way down the line and if there was any discussion with the amount of pervious surface to use, pervious concrete as opposed to impervious. Ms. Wolf responded that in this case, it would not be conducive to it due to the high water table. They will be bringing in soils, those soils can be amended, and there is a certain level at which you can't put in any new dirt. Chairman White stated that while he knows it is not germane to what is being consider by the Board, he is curious about the adjacent culvert the Cape Fear Public Utility Authority ( CFPUA) transferred to the County. Assistant County Manager Tim Burgess stated that when CFPUA was formed several years ago, the County transferred certain properties to them with the understanding once they were of no use to them they would transfer ownership back to the County. This was a piece of property that CFPUA previously used and then they had no use for it moving forward, so they transferred it back to the County in October. Chairman White asked if the County had any plans to use it for anything. Mr. Burgess responded that at some point we probably want to put it on the market, but we first want to see what the improvements are as part of the Market Street improvement project. This was the property where NCDOT had acquired easements and additional right of way because they have to temporarily relocate the road and move it on to our property as they are going in and removing soil, he thinks is the understanding. Once that project is over with them, we will have a better idea of what that looks like and come back to the Board if there is an inclination to put that on the market. Chairman White asked if it would be an option to rezone it if the decision was made to put it on the market. Mr. Burgess responded that at that time if they were to rezone it, depending on which zoning would bring the most money to the County, that's something the Board could entertain. Commissioner Zapple asked Mr. Schuler in regard to the traffic issue there, if it's correct there will be a U- turn down at Alexander or the next major intersection that's down to the south of the site. Mr. Schuler stated that was correct. Commissioner Zapple stated there was mention of a U -turn also up at Mendenhall, if people traveling north want to get into this facility they can go up there and turn around and asked if this was correct. Mr. Schuler confirmed it was correct. Commissioner Zapple stated that the big plan they had didn't show the right turn lane was only about NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 73 half a block long, the finished plan, the way he reads it, takes that right turn all the way up to Mendenhall. Mr. Schuler responded that that was a requirement of the approved TIA that they extend all the way to Mendenhall. Hearing no further discussion, Chairman White asked the petitioner whether to continue the application to a future meeting or to proceed with the Board deciding whether to approve or deny the application. Ms. Wolf requested the Board to proceed with the decision. Chairman White requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice - Chairman Watkins, to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest with the conditions recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 77. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNER, 4361 BLUE CLAY ROAD PROPERTY, LLC., TO REZONE 2.4 ACRES OF LAND LOCATED AT 4361 BLUE CLAY ROAD FROM R -15, RESIDENTIAL DISTRICT, TO (CZD) B -1, CONDITIONAL BUSINESS DISTRICT, IN ORDER TO DEVELOP A CONVENIENCE FOOD STORE WITH FUEL PUMPS (Z18 -03) Chairman White opened the public hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Ben Andrea presented the request submitted by Design Solutions on behalf of the property owner, 4361 Blue Clay Road Property, LLC., to rezone 2.4 acres of land located at 4361 Blue Clay Road from R -15, Residential District, to (CZD) B -1, Conditional Business District in order to develop a 5,000 square foot convenience store with fuel sales and an automated car wash. The property is at the intersection of North College Road and Blue Clay Road. Zoning to the west and southwest of the site is R -15 and is approved for 126 single family residential units in a project called Cape Landing that was approved by the County's Technical Review Committee (TRC) last May. To the north of the site is a conditional use R -10 district that hosts a 114 unit attached single family residential project called Exton Park that was approved in 2006. To the north of Exton Park is a 354 single family residential project called Parsons Mill that is a project pending development. East of the site and across North College Road is O &I zoning that hosts the CFCC North Campus. There are also a few R -15 single family lots to the south and east of the subject property. The subject property is currently undeveloped. Pumpkin Creek runs along the western property edge, and that area includes some wetlands and Conservation Overlay District (COD) resources that would be undisturbed by the proposed development. The property also lies within an AE special flood hazard area. Any development of the property would have to comply with the County's Flood Damage Prevention Ordinance. The application proposes to develop a 5,000 square foot convenience store with fuel pumps and a stand -alone automated car wash. Access to the site would be provided by two driveways, one on North College Road and one on Blue Clay Road. Also included in the proposal are five- foot -wide sidewalks along the street frontages for both North College Road and Blue Clay Road. The project is projected to generate a total of 205 trips in the AM peak hour and 255 in the PM peak hour which tripped the threshold for a TIA. The majority of both of those peak hour trips are expected to be pass -by trips, which are folks already on their way to their destination and stop into the site. The TIA took a look at the level of service of the North College Road and Blue Clay Road intersection and analyzed what the level of service would be when the TIA was performed, and what it would be in the future with or without the project being built. Currently, the intersection is operating at a level of service of C in both the AM and PM peak hours. Whether or not the project is built, the intersection is expected to operate at a level of service of D by the end of this year. The TIA was conducted and approved by the WMPO and NCDOT in February. Again, two driveways will serve the development; one on North College Road and one on Blue Clay Road. The driveway on North College Road would be a right -in, right -out only, so people heading northbound on North College Road would not be able to turn left into the site. That driveway would also be served by a new right turn lane. The driveway on Blue Clay Road would be a full movement driveway, meaning customers leaving the site could take a left out onto eastbound Blue Clay Road. That driveway would also be served by a new right turn lane on westbound Blue Clay Road. Other improvements that will be required are to extend the existing left -turn lane on eastbound Blue Clay Road, extending the existing left -turn lane on southbound North College Road, and restripe the northbound approach to provide for a two -way left -turn lane. The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed Use within a Growth Node. This place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. The property is also within a targeted growth node. Growth nodes are intended to be focus areas of development, encouraging high- density developments that promote pedestrian activity and alternative transportation options. The growth nodes pertaining to the Future Land Use Map are individualized focus areas within the unincorporated county that have seen and/or are seeing exponential growth. The proposed convenience store and gas station are generally consistent with the Urban Mixed Use place type. It provides a basic convenience need for nearby residents and visitors to the node's destinations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 74 The Planning Board considered this application at their March 1, 2018 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to the application. The Board recommended approval (4 -0) of the application, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed development provides a basic convenience need in a targeted growth node within an Urban Mixed Use place type. 2. Reasonable and in the public interest because the proposal would locate consumer services in an area targeted for growth. The Planning Board did not recommend any conditions for the rezoning request and no conditions are proposed by staff. Chairman White invited the petitioner to make comments. Cindee Wolf stated as pointed out by Mr. Andrea, the amount of residences that are in place and coming into place in all of this area are certainly the impetus along with the north branch of CFCC being up in this location, to spur on these types of services and what is obviously a perfect location being at a signalized intersection. They have committed to sidewalks on both sides, they are looking at the safety factors. They have gone through the TIA and are committed to the recommendations for improvements. The Comprehensive Plan identifying this as an Urban Mixed Use place type is what is encouraged and this proposal also improves the form and function of an underutilized site. In response to Board questions, Ms. Wolf stated she would imagine this type business will be a twenty -four- hour operation and confirmed that the gasoline storage would be underground. Newer tanks are double walled, there are security measures with alarms and sensors for any types of leaks that may happen. As Mr. Andrea pointed out this is in a flood zone. They are well out of the floodway of Smith Creek, they are along Pumpkin Creek, and the AE zone does extend all the way across and envelope this pretty much the whole intersection. So they would be required to have a flood certificate for the building and the pumps and everything else similar to any other project that is built in a floodplain. She confirmed that the access where the tanks are filled are sealed in case of a flood. All of these things are controlled by the permitting of tanks, environmental health, etc. In any location like this they have to be, just like the finished floor of the home, above that free board from the flood elevation which is, she believes, 30.1 in this area, and /or sealed. Regarding questions on if there is a plan to elevate the entire structure to get it above the floodplain, Ms. Wolf stated it would have to be to have lavatories inside, so yes. Any type of business like this they would want at the road level or slightly above it just for the good visibility, good access, good circulation in and out of it. Yes, whatever would be required by the flood certificate, which is generally 18 inches for any finished floor pad that has utilities above that flood elevation. A good bit of the property will be raised, but they have stayed away from the wetlands. They have their 50 -foot COD buffer already in place on the plan. There would be a slope away from it and they would not have to fill the whole site. Commissioner Zapple stated that there are ten NCDOT conditions listed in the packet, but there are no conditions in the motion from staff. He stated that some of these are obviously going to happen whether this goes in or not, but several of these NCDOT improvements are benefitting this site specifically. Ms. Wolf stated no, she believes what the TIA says is that there are other committed improvements that were part of CFCC. She does not know of ten. Commissioner Zapple stated that on page 15 -2 -4 there are conditions listed and he would like to know if those are going to be attached to this proposal. Mr. Andrea responded that historically staff has not added the condition that they have to comply with the requirements of the TIA, but if the Board feels that they need to do that he does not see any harm in it. If the project moves forward in order to fulfill the TIA they have to do those improvements. Staff does not have any discomfort of not having it as a condition of rezoning. Commissioner Zapple stated this is a fairly busy intersection and he counted 480 single family dwellings, as Mr. Wolf was pointing out, coming into the area there that it's only going to increase. He would just like to have some assurances for everyone that this terrific flow plan, which he commends them on and NCDOT, that it happens. Ms. Wolf stated that they have no issue with similar conditions that the requirements of the TIA must be made. That is sort of automatic, as Mr. Andrea was pointing out, but as a condition that would be satisfactory. Chairman White stated that no one signed up to speak in favor or in opposition of the request, and closed the Public Hearing. Hearing no further discussion, Chairman White asked the petitioner whether to continue the application to a future meeting or to proceed with the Board deciding whether to approve or deny the application. Ms. Wolf requested the Board to proceed with the decision. Chairman White requested direction from the Board. Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Chairman White asked if there was any further discussion. Commissioner Zapple stated that he would like to add or if Vice - Chairman Watkins would be open to adding the requirement or the condition that the ten suggestions from the NCDOT go along as a condition to this approval. Chairman White asked Vice - Chairman Watkins if his motion included that. Vice Chairman Watkins stated that it can. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 75 Amended Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest with the following NCDOT required improvements: • North College Road and Blue Clay Road: • Modify the signal timing. • Extend the existing eastbound turn lane to provide 150' of storage and appropriate deceleration and taper. • Restripe the northbound approach between the existing painted island to provide a two -way left - turn lane. • Extend the existing southbound turn lane to provide 150' of storage and appropriate deceleration and taper. • North College Road and Site Drive 1: • Provide site access via a right in/right -out intersection with one ingress lane and one egress lane. • Provide stop control for Site Drive. • Provide an exclusive southbound right -turn lane on North College Road with 25' of storage and appropriate taper. • Blue Clay Road and Site Drive 2: • Provide site access via a full movement intersection with one ingress lane and one egress lane. • Provide stop control for Site Drive. • Provide an exclusive westbound right -turn lane on Blue Clay Road with 50' of storage and appropriate taper. Chairman White asked if there were any other questions, comments, or Board discussion. Commissioner Barfield stated that he does have one question about the addition. He would like to know if that is something that will be automatically put into everything, because he does not want the Board to start making spot recommendations and then maybe as a requirement for all. If it is already a part of the normal process that the TIA requirements must be met, he asked why would they add it in now when it is a part of the process. Mr. Andrea responded that is the perspective the staff has taken. They typically do not add a condition if it is already a requirement of the development process. However, staff does not have an issue with it being a condition. Vice - Chairman Watkins stated basically it is redundant and asked if it is redundant. Mr. Andrea responded yes. Commissioner Zapple stated that if they are continuing the discussion, there are some that the Board approves or that are brought to the Board that do have planning and traffic conditions connected to them. He would like to know how that is separate. Mr. Andrea asked if he was asking why some projects that the Board sees have that condition and some do not. Commissioner Zapple confirmed that was correct. Mr. Andrea stated that sometimes the Planning Board will make that as a recommendation. Commissioner Zapple asked if it was correct that it does come forward to them sometimes in the proposal that the TIA conditions come forward with the proposal. Mr. Andrea stated that sometimes it does, that is correct. Commissioner Zapple stated that he guesses in this case here where he sees that clearly some of these improvements are going to be made as part of just the flow of North College and Blue Clay Road, but some of the conditions are specifically on this site. He just wants to make sure there's not a line drawn for whatever reason that does not include the site improvements. County Manager Coudriet stated in an effort to provide more clarification, that he thinks Commissioner Zapple may be referring, as an example, to the last item where it was a condition and it specifically notes that no certificate of occupancy would be issued until those TIA improvements were made. If the Board wanted to add that condition he thinks it would be specifically linked to ultimately the County Building Safety unit and others issuing certificates of occupancy that they could proceed, build, not do these things, but no certificate would be issued. Commissioner Zapple stated that he would be fine with that and thanked County Manager Coudriet for making that clarification. He would hate to see them get up and running, and some of these key traffic improvements are not made for years down the line for whatever reason. Mr. Andrea asked if he may offer Amy Kimes with the WMPO to make brief comments. Ms. Kimes stated that the TIA is tied to the NCDOT driveway permit. The driveway permit process ensures that those requirements are installed. Her concern with tying the exact improvement such as the link to this Board, is that if anything changes based on field conditions they would then have to come back before this Board and say, for example, they can put in 300 feet, not 325 feet of their storage. So that would give the NCDOT the flexibility to work with the applicant if there are any concerns or if anything changes in the field. Commissioner Zapple asked how that would differ, as the County Manager said, from the last item where the TIA improvements were tied directly to the certificate of occupancy. Ms. Kimes responded by saying the TIA itself is tied is different from calling out the ten improvements. Those improvements may change slightly in the field based on constructability. She would not want everyone to have to come back before this Board every time there is a slight modification in the field due to constructability issues. The TIA letter could be modified and the driveway permit at that point so everything meshes. Commissioner Zapple stated that he is satisfied if that is the case here, then he is good with that as long as the TIA is tied to the driveway permit. Ms. Kimes stated that yes, when they do the TIA process, the WMPO, the member jurisdiction and NCDOT all sit together to come up with an agreed upon set of improvements so that everybody is on board. Those are then incorporated into the driveway permit. The only change would be if there is a field condition change. Commissioner Zapple asked if the driveway permit would have to be approved before they NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 76 could go into business. Ms. Kimes responded that the driveway permit would have to be issued and signed off on, and that is where New Hanover County works with NCDOT and does not issue the certificate of occupancy prior to the driveway permit being signed off on. Commissioner Zapple stated that he would agree and would withdraw his request to add the ten NCDOT conditions to the motion. He thinks the assurances are there that they will get those improvements. Vice - Chairman Watkins stated that in the interest of clarity he would like to withdraw his amended motion and re -make the motion to approve as presented by staff and as approved originally by the Planning Board. Substitute Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8A, Page 40. PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST BY OTTER CREEK PARTNERS, LLC, ON BEHALF OF THE PROPERTY OWNER, GL & SM LIMITED PARTNERSHIP, FOR A SPECIAL USE PERMIT FOR A HIGH DENSITY DEVELOPMENT ON APPROXIMATELY 7.3 ACRES OF LAND LOCATED AT THE 700 BLOCK OF PINER ROAD (S18 -01) Chairman White 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 Ben Andrea Ken Vafier Wayne Clark Ernest Olds Amy Kimes Peter Junes Stephanie Norris Joan Norris Jimmy Fentress Chass Hood Mark McLamb Gordon Fonville Wilbur Davis Billie Jean Millard Jared Cranford Frank Wells Anthony Marshall Chairman White 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 Current Planner Brad Schuler to start the presentation. Current Planner Brad Schuler presented the request by Otter Creek Partners, LLC, on behalf of the property owner, GL & SM Limited Partnership, for a special use permit (SUP) for a high density development on approximately 7.3 acres of land located at the 700 block of Piner Road. The property is currently zoned O &I and R -15 and is located in the Monkey Junction area. The Wood Duck Forest Subdivision is located directly north of the property and the High Grove Estates Subdivision is located directly to the east. To the west there is another vacant property also zoned O &I. The subject property consists of two parcels of land totaling approximately 11 acres. The development will only utilize approximately 7.3 acres of the property. The remaining acres which front Piner Road are not included in this application and may be developed in accordance with the standards of the O &I zoning district. The proposed development will consist of 72 apartment units which equates to just under 10 dwelling units an acre. Access is proposed to be provided to the property only from Piner Road. Wood Duck Circle also ends in a cul -de -sac at the subject property. When the property was rezoned to O &I in 1999, the property owner executed a dedication agreement which created a 50 -foot buffer easement along the northern property line, which is shared with the Wood Duck Forest Subdivision. The agreement states that within the buffer no structures or roadways can be developed. As a result, the proposed plan does not include a street connection to this road. Utilities are planned to connect to those lines within the Wood Duck Forest Subdivision. This plan has been reviewed by the Technical Review Committee (TRC) and it does comply with the standards of the Zoning Ordinance. In regards to traffic, the North Carolina Department of Transportation ( NCDOT) reviewed the plan during the TRC process and provided preliminary comments to the applicant. As part of the driveway permit, the project will be required to install an eastbound left turn lane on Piner Road at the site's access. The proposal is not projected to generate more than the 100 peak hour trips and therefore, a Traffic Impact Analysis (TIA) was not required for this proposal. There have been four TIAs approved and one is currently under draft. There is one major NC State Transportation Improvement Program project planned for the area, U -5790, which will widen NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 77 the adjacent portion of Carolina Beach Road and will also construct a flyover at the interchange of College Road and Carolina Beach Road. The construction of the U -5790 project is expected to start in 2024. The 2016 Comprehensive Land Use Plan classified the subject property as Urban Mixed Use. The Urban Mixed Use place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retain, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. The proposed high density development is generally consistent with the place type. It provides housing at densities consistent with what is encouraged in the Urban Mixed Use place type and can serve as a transition between the higher density commercial uses next door and the residential subdivision. As this is a SUP application, the Board must find that the application meets the four required conclusions based on the findings of fact: 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 plan of development for New Hanover County. The Planning Board considered this application at their March 1, 2018 meeting. Ten residents spoke in opposition to the application, citing concerns over traffic, property values, and access to the Wood Duck Forest subdivision. The Board recommended approval (4 -0) of the application with the following suggested conditions: 1. A sidewalk must be constructed along the driveway connecting the apartment buildings to the Piner Road right -of -way. 2. All traffic improvements required as part of NCDOT's driveway permit must be installed in accordance with NCDOT's standards prior to the issuance of a Certificate of Occupancy. 3. No street or vehicular connection shall be constructed to Wood Duck Circle. Utilities, however, may connect to the existing lines within Wood Duck Forest. 4. A six - foot -tall opaque fence must be installed between the built -upon areas of the development and the eastern, western, and northern property lines. The fencing along the northern property line must be installed either directly on the property line or outside of the 50 -foot buffer easement existing on the property along the boundary with the Wood Duck Forest subdivision. Mr. Schuler concluded his presentation stating that the applicant has requested a modification to condition four, specifically in regards to the western property line, which is the property line that does not abut any existing residential developments. Chairman White invited the petitioner to make comments. Michael Lee of Lee Law Firm, PLLC, representing the applicant, Otter Creek Partners, LLC, presented the following information regarding the application: Approval: • Special Use Permit: • Will not materially endanger public health or safety • Meets all required conditions and specifications • Will not substantially injure value adjoining /abutting property • Location /character of use in harmony with area and in general conformity with plan of development for New Hanover County Summary: • History: • Initially zoned R -15 April 7, 1971 • Rezoned O &I February 1, 1999 • Property: There is a middle school, church and private school, and Home Depot in vicinity • Project: • The original plan submission reflected a connection to Wood Duck Forest and the orientation of the building was right on the buffer. • The revised plan was submitted after it was realized there was a buffer on the back and does not allow for improvements. The plan now reflects the building being as far away from the property line as possible. • The project is for multi - family; 9.85 units per acre totaling 72 units • 3.2 acres of open space /active recreation (almost 45 %) broken down to: 2.1 acres of open space (almost 30 %) and 1.1 acres active recreation (15 %) Mr. Lee stated that this is an affordable housing project. Affordable housing is a tax credit program implemented by the Federal Government and it is managed by the Housing Finance Agency with the State of North Carolina. In order to be able to lease space in this project a person has to go through an income analysis, have a credit report, and a national criminal background check completed. The operator of this development resides in New Hanover County. They have been working on affordable housing projects since the mid -80s and they do background checks every single year and they also go through the qualification process every single year. They are not required to do the background checks every year but they do them; they have to go through the qualification process every year. This is a highly regulated development and it benefits them to operate it according to law. They actually have parking permits for their residents and residents' guests have to obtain a guest parking permit. They have a towing company that goes around and if there's not a temporary or a permanent permit, they tow the vehicle. They want to make sure the project NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 78 is managed the way it should be. In addition to having onsite management, inspections are done twice a year of the physical premises and their files by the Housing Finance Agency. Chairman White requested the clock timer be stopped and requested Mr. Lee to elaborate on how this project is classified as affordable housing versus a traditional apartment complex. Mr. Lee responded that it is through a program with the Federal Government and bases the rent a person pays based on the person's income level. A person could be one tenant in a one - bedroom unit and paying $200 less than the person in the same exact unit next door because it's income based. Mr. Lee continued his presentation stating that according to a market study, the project is located within one - mile of a Home Depot, bank, grocery store, Dollar Tree, post office, Urgent Care, library, Wal -Mart, and College Road Early Childhood Center. The high density ordinance is to encourage this type of development within the Urban Mixed Use zone. It also transitions from heavy commercial and retail into the residential. Mr. Lee addressed concerns expressed by people during the Planning Board meeting. Regarding that residents in these type units create more crime, he asked the operator to provide the demographics of another similar 60 -unit development they manage. The demographics of that development are: 20 single mothers; 6 single retired /2 married retired; 1 retired single mom and adult daughter; 1 retired mother with single mother; 1 married disabled and adult child; 1 married disabled and teen child; 1 married and child; 1 married couple (40 +); 13 single — disabled; 1 single and brother; 1 mothers (70 +) and adult child; 1 mother (80 +) and disabled adult child; 9 single adults (7 of which are between 50 -70 years old); and 1 unmarried couple. These residents have to obtain criminal background checks every year with a national background check in the first year and a credit report. If someone is residing in the residence that is not on the lease, that person: 1) they can go through the application process again taking into account income and the standards and requirements of the background check of the person who is staying there or 2) they have 30 days to get out. It's a very heavily managed type of project. Regarding traffic concerns, the applicant is working through the TRC process and has discussed making some additional improvements within the right of way. Mr. Lee thinks in going through this process and working with NCDOT, the applicant is comfortable with the left in and right turn lane even though it will require the adjacent land owner to dedicate some of that property for the right turn lane. The applicant feels very comfortable with having those as conditions. Mr. Lee offered into evidence an opinion report to the Board and shared copies with opponents of the request. The opinion document was written by a licensed appraiser with over thirty years' experience. The report provides information specifically related to the four findings. In the appraiser's opinion, the issuance of a SUP for this proposal will be a harmonious use. It is also his professional opinion that the proposed use will have no diminution in the value, function, or utility of the surrounding properties. As such, not only will it not have a substantial impairment of value as required by the ordinance, but the appraiser is stating there is no impairment of that value in looking at the specific properties surrounding it and also looking at similar projects and how those projects have impacted property values through the years after those projects have been developed. The project will not materially endanger the public health or safety, meets all the required conditions and requirements of the ordinance of the TRC. The appraiser provided his opinion specifically as to these findings that need to be made that there will be no substantial injury in value to the adjoining and abutting properties, location/ character of use is in harmony with the area and in general conformity with the plan of development for New Hanover County, the transition from heavy retail to single family residential, and is already zoned O &I and can have O &I permitted use by -right on the property, along with a significant open space that is in the rear of the parcel providing approximately 50 yards from the two buildings that sit on the back of the parcel. Mr. Lee concluded his presentation stating that during the Planning Board meeting, a lot of information was presented on the safety and criminal activity of residents. This led the Planning Board to encapsulate the project with the fence. Mr. Lee feels evidence presented during this meeting shows that is not the case. However, the applicant is willing to put a fence on the back property line and on the side property line that abuts the residential. Mr. Lee has drafted a provision that he shared with staff and presented to the Board during the meeting. It states to the extent permitted under any applicable restrictions imposed on the property, a six -foot tall opaque fence must be installed on the North and East property lines at the point where the property abuts a residentially zoned property. The reason Mr. Lee has this applicable restriction is because the 50 -foot restriction states no structures are allowed there. If the residents would like the fence there, it can certainly be done, but he and the applicant want to clarify that the Planning Board didn't consider the fence a structure such that it would invalidate the SUP to where the applicant would have to come back through this process again. Regarding questions about the Planning Board's request of a fence along the western border as well, Mr. Lee stated that the western portion of the property is zoned O &L The applicant did not want to split the property from another O &I district. The applicant is very comfortable with installing the fence against all the residential to provide that buffer. Planning Board Representative Ernest Olds stated that he thought it as just an oversight by the Planning Board. The Planning Board was concerned about the neighbors and providing things that were neighborly. The Board really was not thinking about the western portion and Mr. Olds think it was just the word slipped into the condition. Again, he does not think the Planning Board has any intention of protecting or blocking one site from another. It would not be offended if this Board modified the suggested condition. Chairman White asked that those who signed up to speak in opposition to the request to give their comments. Chass Hood, a resident of Liberty Landing Way, spoke in opposition stating that although we have a need for affordable housing in New Hanover County, this public necessity is not dependent upon, nor properly served by building exclusive units of affordable housing. The economic exclusivity directly creates concentrations of poor NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 79 communities and indirectly supports segregation based upon race. She says this because most poor people are of African American and Latino descent. They typically suffer most from lack of opportunity, inadequate financial means of support and corresponding inadequate literacy development. When policies implemented segregate accordingly, this has a negative effect on neighborhood school communities. Myrtle Grove Middle School is right down the road from this and these people will end up going to that middle school. The result of this high concentration of poor in schools is documented statistically in low student performance, increased classroom behavior problems and increased crime within these communities. She worked in public schools for over 25 years. She always worked with low performing schools which were 98% free and reduced lunch. She counseled and coached teachers in those schools and worked in 25% of all the schools in North Carolina. She speaks from experience. Planting a cluster of low income affordable housing in an area historically and currently designed for single family homes also negatively impacts housing values for those homes close to these developments. She completely disagrees with Mr. Lee's statement about housing values. They lose desirability and therefore, value. We need modern policies which incorporate affordable housing within standard apartment communities and we are loaded with them in Wilmington now. Everywhere you go there's huge complexes of apartments. If every apartment community being built includes a percentage of affordable units we could eliminate clustering the poor in segregated areas, overburdening some schools with large percentages of underserved poor youth, eliminate the threat of devalued properties and instead create economic and racial diversity throughout our communities, thereby uplifting all citizens, not just some. Ms. Hood concluded her statements stating that many studies have shown diversity helps create more informed, socially mobile and tolerant individuals who are willing and ready to contribute to our society in positive ways. Public necessity can and should be managed with these more integrated and thoughtful policies. She is speaking not just for herself but also for many Tarin Woods residents who weren't able to attend because they work. So we, the New Hanover County citizens, request and hope that the Commissioners, our representatives, will work with us to accomplish these ends, change the policies about how we do affordable housing. Don't eliminate affordable housing. Mark McLamb, resident of Wood Duck Circle, spoke in opposition stating that he is a 23 -year resident of Wood Duck Forest, and travels Piner Road every day unlike the developer, that attorney, and that appraiser. We know the traffic is bad already on Piner Road. We should also know that the traffic issue there isn't simply rush hour traffic that plagues the County, it's also school related traffic. Seemingly overlooked in this process is the presence of three schools within half a mile of this proposed site, Myrtle Middle School with 721 students, Myrtle Christian School with 360 students, and Coastal Christian High School with 250 students. How do these 1,331 students get to school every day? They use tiny Piner Road twice a day. Some ride buses and he learned today from the transportation department there are 18 buses supporting Myrtle Grove Middle School. The buses aren't the problem. The problem are the crazy parents delivering their children determined to get them there one at a time and get themselves to work twice a day at these public and private schools. That's the problem on Piner Road that no one has addressed. He lives it, he sees it every day and trust him you don't want to watch that scene or be a part of it. He would like to know if we really need to squeeze a high density apartment complex in the middle of all this. We also know that if this proposal is approved the residents of Wood Duck Forest and High Grove Place will wake up one morning to find three, three - story apartment buildings towering over our backyards. Immediately our neighborhoods will be less desirable, less attractive and certainly less appealing to future homebuyers. We don't need experts or expensive studies to tell us what common sense dictates. Our property values will decline. Mr. McLamb concluded his comments stating that he appeals to this body, their last hope, to take a close look at all the things they know that are concerning about this project and arrive at the same conclusion they have that to squeeze in a 72- unit high density three story complex on just 7.3 acres along a two lane road among three schools is simply a bad idea. How did it get this far? He hopes the Board would accordingly deny this special use request. Gordon Fonville, resident of Wood Duck Circle, spoke in opposition stating that he has lived there for the past 20 years. He is opposed to the proposed SUP for Bennett Village Apartments as proposed. Currently along Piner Road and adjacent to our homes are schools, church, Trinity Grove nursing facility, and they are a good fit in their community and have been excellent neighbors. These and most other O &I options are not multi -story structures nor do they have people coming and going all hours of the night like apartments. If high density residential is allowed to develop here, then other O &I parcels will want to do the same. Currently all the high density residential is on the Wal -Mart side, the western side, of College Road and Carolina Beach. The increased traffic is market indicated. Bennett Village Apartments has been reported to be a low income housing, tax credit, income based rental units. We are concerned the proposed subsidized housing has the possibility to have a negative impact our property values. He has a letter from a local realtor who sold two down the street from him that indicated these impacts. He could provide the Board copies of the letter or read it to the Board. Chairman White asked that clock timer be stopped and replied to Mr. Fonville that it's not the Board's job to tell him which evidence he wish to offer. It's all relevant as long as it relates to the four findings. If he has it, certainly the Board will receive it. Chairman White further stated that a realtor's opinion on value may or may not rebut an appraiser's but certainly he would not object at all. He also asked that Mr. Fonville provide a copy to the petitioner. Commissioner Barfield stated that based on his past experience and he is a realtor, a realtor's opinion is not valid here. If he is not mistaken, in a quasi - judicial setting you need to have an appraiser with a certified opinion as to value. He does broker price opinions, but it's not certified. He would not want the Board to receive this information thinking it is evidence when it is not. Chairman White stated that Commissioner Barfield is absolutely correct. He stated to Mr. Fonville the fact that he wants to hand something up, he's not going to prohibit Mr. Fonville from doing it, but it would not be appropriate for the Board to consider that as evidence of value for the reasons Commissioner Barfield said. However, he's not going to object to Mr. Fonville handing it up and he has done that. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 80 Mr. Fonville continued stating that the letter he handed to the Board from a broker who just sold a house in his neighborhood, who is not solicited or provided any funding from them, freely provided this information for the Board's consideration. If he has not been able to convince the Board to deny and it does approve this SUP, he would like to submit the following conditions be added: An eight -foot solid privacy fence be erected and maintained by Bennett Village Apartments to reduce the visual and noise impacts on the existing homes. This fence is to be 50 feet from the Wood Duck Forest property line so it would be on the inside of the Bennett Village buffer so that it's not within that buffer. This should also continue down the east side of the property, as well as the west side of the property as indicated by the Planning Board. Also cap this permit at 72 units, no other construction should be allowed or any other buildings. Stormwater ditch along the northern boundary is on Wood Duck Forest residents' property and is maintained by these homeowners. Bennett Village should address its own stormwater and not drain into this ditch. Piner Road improvements proposed were turn lanes in both directions. A better solution is four lanes installed with turn lanes in front of the property attaching to the existing four lanes to the west of the Home Depot. These conditions need to be completed prior to start of apartment construction to reduce the visual and noise impact on existing homes during construction and to support construction traffic. In response to Board questions, Mr. Fonville stated that the ditch he referred to that is currently maintained by the property owners is on the Wood Duck homeowners' property. He confirmed that the County property owners share cleaning of the ditch as it currently stands and this development would not be involved in keeping the ditch cleaned out. The applicant has proposed a drainage pond and hopefully they have addressed all stormwater drainage so that it does not come back to the property. In regards to the 50 -foot buffer, he confirmed he wants to see the fence 50 -feet into the applicant's property on their side of that buffer, not on the actual property line. There is supposed to be no structure within the buffer and that setback would comply with the request. In response to Board questions, Mr. Schuler stated that the Planning Board recommendation was that the six - foot opaque fence be installed either directly on the property line or outside of the 50 -foot easement. The Board left two options for the fence location. The vegetation consists of pine trees. His understanding is the applicant has agreed to keep trees in the area as it currently exists. He agreed that there will be a 50 -foot buffer with well - established pine trees along the northern part of the property. The only place that some trees may have to be removed is where the utilities would be installed. Wilbur Davis, a resident of Country Place Road, spoke in opposition to the request stating that he is a lifelong resident of New Hanover County and a 50 -year resident of the Monkey Junction area. He has seen it expand from what it used to be, when there was not a Highway 132 to begin with, to what it is today. It is massive traffic all day long on Piner Road. It doesn't cease. The roads are overcrowded anywhere you go in New Hanover County and we continue to build apartments that attract people to the County and continue to create more and more traffic issues and yet we have very few plans that he is aware of for changing or repairing or expanding our current roads. They are totally overcrowded. As he understands it there is another major development, housing project, going down behind the Monkey Junction post office. He further understands that the developers of that project want to come out on King's Highway, which goes back into Carolina Beach Road. That is more congestion for Monkey Junction. We just need to really think about what we're doing allowing all these apartment complexes in our County. We're going to reach a saturation point at some point in time considering our road conditions, what we have here. Billie Jean Millard, a resident of Duck Downe Court, spoke in opposition to the request stating that she is a real estate broker and she and her husband looked for a long time before purchasing their retirement home on a quiet cul -de -sac lot in Wood Duck Forest in 1997. Their lot has the most exposure to this adjoining property by being the largest lot in Wood Duck Forest and High Grove subdivisions. 21 years ago the property behind them was zoned R- 15 and therefore, we envisioned in the future we would have one or possibly two family residences as our back door neighbors, not 72. We also envisioned these two family homes would be one or two stories, not three, where our privacy would be compromised by being looked down upon from a third floor. The traffic has become so heavy in front of High Grove with the church schools in front of it and the middle school down beside it and a new subdivision in front of the middle school, that it has become very difficult to get in and out of High Grove. To add 72 more families on Piner Road would certainly have to make the present heavy traffic situation more difficult. They have been told that these apartment buildings would be attractive and would look like the public housing apartment buildings on South College Road across from the College Road Early Childhood Center. Chairman White apologized to Ms. Millard stating that there are rules associated with quasi - judicial proceedings that the Board needs to follow and the 15 minutes is up, and he hopes she understands that. There will be a five- minute rebuttal from the petitioner and then Ms. Millard and/or the other people signed up to speak would have a five - minute rebuttal period. He is unable to allow her to speak further as the first gentleman used a long time and the second gentleman used a long time. The rules are the rules and the Board wouldn't have expanded them for the petitioner or the opposition. It is different from a regular public hearing where the Board can allow additional time. This is a quasi - judicial proceeding and the rules matter for reasons that Superior Court judges note when they review the decisions the Board makes, that is why it sticks to the rules. BREAK: Chairman White called a break from 7:29 p.m. to 7:33 p.m. Chairman White stated that the proceedings would continue with five- minutes of rebuttal to the petitioner and five - minutes rebuttal for those in opposition. In rebuttal, Mr. Lee stated that because of the quasi - judicial nature of the hearing, the Board may hear him object to a couple of things in order to preserve the record. The first speaker spoke about how this project was going to lead to the down fall of certain schools in the area, housing values, and talked about a lot of different things. He is going to object kind of broadly to all the testimony on all that for lots of different reasons, but for the main purpose that she is not an expert on this particular project or the impact on the schools or the residents who will be moving NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 81 into this particular project. It's speculative although within a narrow range required by federal law as administrated by the Housing Finance Agency. The second speaker talked about not going down the road every day, the applicant lives in Helms Port and is well aware of the traffic impact, has been working with NCDOT and that's the reason for the left over and the right turn in. Also several folks spoke about towering, the project towering over the residents. If it was a straight O &I district you would have the same size building, not the 50 yards away from the property line but closer. The buffer would not be as substantial as required, certainly the 50 feet restriction is there and he is sure the staff can confirm that. The third speaker he would object to a letter being handed up, not only because it's not an appraiser. The Board has an opinion of value and reference to the findings that's signed and sealed by an appraiser. He and his client agree to the cap at 72 units. He has acknowledged that none of the stormwater is going to run through the ditch on the back property line. It will run through the stormwater system as designed by the engineer into the pond and then out through to the right of way. The fence on the buffer was an issue. If his client were to put a fence 50 -feet away from the property line, they would not be able to police that area at all and most of these residents already have a fence back there and this would be a prime area for people to go and loiter. His client is concerned for their own residents as to what would go on beyond a 6 -foot fence, adjoining their property, that they couldn't access that they are responsible for maintaining, not only because they own the property, but the restriction requires them to maintain that as well. The fourth speaker talked about traffic, Mr. Lee already referenced that and currently with discussions with NCDOT a left in coming from Home Depot and the right turn deceleration lane coming from the other direction, which will require the property owner adjacent to this property to agree to a right of way. We're fine with that being a condition as well. Mr. Lee concluded his comments stating that he completely respects the opinion of all the people who testified here today. This is an O &I zoning district so there are a lot of by -right uses that could generate a lot more traffic that would have to be mitigated according to the driveway permit, but could create a lot more traffic on this particular location just by right and never coming before the Board. All that the developer would do is get a driveway permit from NCDOT. He feels all the testimony, expert and otherwise, has been provided in regard to the findings and asked that the SUP be granted. Chairman White asked Mr. Lee, for the record, that he objected to the first speaker's comments on traffic and asked the Board to strike that and the second objection is to the speaker that handed up the realtor letter and asked that the Board not consider that. He asked Mr. Lee if those were the only two legal objections he made. Mr. Lee responded that the other legal objection is to the impacts on the surrounding schools and area by virtue of the population. Chairman White stated that speakers in opposition would have five- minutes for rebuttal and asked that persons wanting to make comments to step forward. Jared Cranford, a resident of Crow's Nest Court, spoke in opposition to the request stating that he is a licensed property and casualty professional in State of North Carolina for past 18 years. He drives downtown every day and works right across the street, and it's his job to insure the individuals and businesses of our community. He works in lock step with real estate professionals, appraisers, and inspectors. He has a very good working knowledge of property valuations and calculating costs per square foot, which is exactly what they have provided with their appraisal they gave us, in their opinion. Section 2.3 he believes has not been proven by the applicant, that it would not substantially injure the value of our property. They used comparable sales from homes in the adjacent neighborhoods, which of course sold in the absence of the proposed structures. Potential homebuyers would of course see this proposed complex both on the way to and from our homes if he were to put it on the market, thereby reducing curb appeal and of course demand for our properties. He and his family have directly experienced the negative impacts of a similar project called Shipyard Village where their home butted up to that piece of property, which is also about six acres. They went ahead and put the property on the market when they got the letter in the mail and sold it in two days for $165,500, which is about $10,000 more than the asking price. It butted up to some woods that were very similar, almost identical, to the land that we're talking about here. The estimate right now is about $139,000. He stated that he thinks everyone in here is fine with O &I and does not think that is the problem. They understand the risks associated with the O &I. Again, they said something about policing the woods. That's just not needed right now, he's not concerned about that and does not think anybody is concerned about policing the woods with regards to the fence placement. Anthony Marshall, a resident of High Grove Place, spoke in opposition to request stating that in regards to the lawyer saying we were not qualified to speak or rebut, Mr. Marshall comes New Jersey, from the same low income homes, and knows it all starts off good but it ends up terrible. It's more crime, schools integrate in and he was one of those kids. He was one of the bad kids that grew up in the projects that did not care. But his parents instilled in him that we can be better, we can do better. His father went into the military and retired, his mom got her stuff together, and they moved out to North Carolina, to a respectful neighborhood and got educated. He does understand what everybody's concerns are because he was one of those kids that did not care, that ran into neighbors' homes and did all that stuff. However, he changed his life and he thanks his parents for that. He further stated that he goes to work every day, works hard to provide for his kids the exact same way that his mother and father did. He knows for a fact what these houses are going to bring and is in homes every day, due to his profession, of low income homes and sees it every day. And they say the same thing, that this is going to be great for the community, and it's not. To him, it is nothing that that lawyer or these property managers can tell him if something happens to his two girls because of these properties. There's nothing the Board can say to him or condolences or anything, it's not going to happen because of these low income homes. He knows what they bring and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 82 he is speaking from the heart and totally disagree with them because he has seen time and time and time again the same mess. Frank Wells, a resident of Crows Nest Court, spoke in opposition stating that he knows the opinion the lawyer gave was an opinion. Whoever caused all this development in our area comes on four lane roads, not on small little two lane Piner Road. Hearing no further discussion, Chairman White closed the Public Hearing and opened the floor for Board discussion. Mr. Lee stepped forward and stated that he understands he does not have rebuttal time. However, he has to object to the testimony of the three speakers that just testified. One as to value as not having any credentials for rendering a value and also as to the crime being created in a particular area that somehow figuring it into the Board's analysis. He apologized for the interruption, but had to do that for the record. Chairman White called for order in the Assembly Room. He stated that judges have to consider evidence and when a lawyer stands up and makes an objection based on evidence it's because some judge somewhere is going to be reading a transcript of everything said tonight and he or she will rule whether or not the lawyer objected and evidence that's admissible or not admissible. That's why we do this and asked the audience to not boo or act disrespectful. He then requested that Board discussion continue. Vice - Chairman Watkins stated that in defense of Mr. Lee's comments, there was time on the clock when he walked away. Commissioner Barfield stated that he has sat on a number of discussions regarding affordable housing and these are the ones he leaves the saddest from because of the comments that people make. We're talking about affordable housing and somehow that gets mixed up with public housing. The first thing that comes to most people's minds is the comment of the first speaker, the first comment they think of is black people, minorities, and poor people when you say affordable housing. His 22- year -old daughter is trying to find affordable housing, something that will fit her $33,000 a year salary. There are not many apartments in this community that fit that affordable housing number. We heard from our judge that spoke this morning about the number of children that they deal with that don't have adequate affordable housing, something that their moms and dads can afford for them to live in. But it's amazing how we say the words affordable housing we think public housing all of a sudden, we think projects and we think black people and the first person that spoke, it really bothered me a bit that she would go right to that base level. If you understand real estate patterns in this community, he has been a realtor for 20 years and the past president of the Board of Realtors just to give a little bit of his credentials. To understand the housing patterns in this community, Walnut Hill, Parkwood Estates that are predominantly black communities back in the day and you got King's Grant and Marquis Hills that are predominately white which were designed by folks that loaned money. There was a practice called red lining where lenders would only loan money in certain areas and not loan money in other areas. There was also a practice realtors had called steering where they would steer people to one neighborhood or another based on a person's race. So you look at different pockets of our community and wonder why there's not much racial diversity, it's because of the patterns of the old mindset of the old days. Those things have been stricken from the rule book, they have been outlawed, it's illegal to practice those things, but at the same time he lives in the Monkey Junction area. His neighborhood is nowhere near diverse. So he does not care how many apartments you put in that area, you are never going to make Myrtle Grove Middle School, Holly Tree Elementary School, Parsley Elementary School any more diverse that what it is now based on the population in that part of our community. To think that somehow affordable housing is associated with public housing he does not know where that thought process comes from. Several years ago business leaders took a trip to Charleston, South Carolina, with the Chamber to see what they did right and wrong with regard to economic development. When Volvo and Boeing opened plants there they brought in additional jobs. The fact was that many folks that worked in those plants couldn't afford to buy a home in Charleston where they worked, so they had to drive 45 or 50 miles away because they couldn't find affordable housing in the neighborhood where they worked. We are finding the same phenomenon is happening here in New Hanover County as well. The number of available units on the market is low and the demand is great. House prices are going up. He just listed a home on White Road and in six days the sellers got full asking price. So when you hear the word affordable housing, it really what's affordable to you. Whether you had a $50,000, $20,000 a year job or a $500,000 a year job, affordable housing is what you can afford based on your pocketbook. The Federal Government defines affordable housing as not exceeding 30% of your income. That means your house /mortgage /rent and utilities, should not exceed 30% of what you bring into your home. Most folks probably exceed that number greatly in our community today with the cost of housing in our community. Commissioner Barfield concluded his comments stating that when the topic of affordable housing is heard, don't take it to the racist piece and say it is all about black and poor people, because it's not. Black people make up about 14% of this community, so it can't be all of that. He has been living here long enough to know you have poor people everywhere. This book that he teaches from and preaches from says the poor will always be with you and he believes we have a responsibility to make sure everyone has access to affordable housing in our community, whether it be an apartment, a home, whether it be whatever they decide is affordable as opposed to somebody living outside in the woods. Vice - Chairman Watkins stated that affordable housing does not mean public housing, but when you try to put everybody in one place that's called inclusionary zoning. You do not get what you want when you stick everybody in one pile. A brief discussion was held about the Planning Board's recommendation for "A six - foot -tall opaque fence must be installed between the built -upon areas of the development and the eastern, western, and northern property lines. The fencing along the northern property line must be installed either directly on the property line or outside of the 50 -foot buffer easement existing on the property along the boundary with the Wood Duck Forest subdivision." In NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 83 response to Board questions, Mr. Schuler stated that the 50 -foot buffer easement is what Wood Duck Forest agreed to in 1999. He believes the intent was, because there is language in the easement that says no structure can be put in the easement, he believes the intent was to either put it on the property line or put it outside the easement in order to hopefully comply with the agreement. He believes the Board can, if it chooses, put the fence on the property line and not violate the structure situation in the easement. The easement is not a County requirement. It was worked out between the property owners and Wood Duck Forest. In response to Board questions about the fence location, Mr. Lee confirmed that if the fence is on the western side some of the trees would have to be taken out. On the proposed condition with regard to the fence on the property line on the base that abuts Wood Duck, the condition said if the private restrictions allow, the application would put it on the back property line. The beneficiaries of the easement are the neighbors on the back, so again, if they wanted it there the applicant could put it on the back property line. Deputy County Attorney Sharon Huffman stated that the 50 -foot easement was recorded some years ago when this property, where the proposal is to take place, was rezoned. There was an agreement at the time that in order to obtain that rezoning that there would be a 50 -foot buffer between the rezoned property and the Wood Duck Association. The buffer states that there is to not be any structure built within the 50 -foot buffer easement. She suspects there was never any anticipation of our discussion about a fence and whether it would be on the Wood Duck side of the 50 -foot or on the rezoned area of the 50 -foot, rezoned area of the boundary. She further suspects that the anticipation was to keep things like road connection or other structures. As the Board is making a decision about whether to put a fence on one side or the other of the 50 -foot, she thinks it's very difficult for us here tonight to determine what the anticipation was about what's to take place in the 50 -foot. Deputy County Attorney Huffman does feel the Board has the authority as part of the SUP to require a condition of a fence on one side or the other. The idea of the Planning Board was a fence for the protection of the adjoining residents. That being the case, her own feeling is that the Planning Board's anticipation was that a fence be placed in such an area that the adjoining residents would be most protected. It seems to her that perhaps that is on the other side of the 50 -foot from where their property is, so that that 50 -foot would be, not clear -cut, not disturbed, and it would remain as it is now. She does feel that if the Board sees fit for the fence to be on the Wood Duck side, that it can do that and not violate the buffer easement. However, she did not write the buffer easement nor agree to it and so that would have to be determined at some future time. A brief discussion was held about the one way in and one way out access with the long driveway. Mr. Schuler confirmed that Fire Services has reviewed the plan and it does not have enough units to warrant the second access point. Fire Services reviewed and approved the plan as it is currently shown. In regards to Board questions about a TIA not being required for this project, Mr. Schuler stated that the level of service for Piner Road is a D. The level of service was obtained from the Wilmington Metropolitan Planning Organization (WMPO) and it is a 24 -hour count. Kaylies Cove (I 10 single family homes) is in the first phase of construction and the developers recently obtained another parcel next to it which increased the units to warrant the TIA. It was recently approved and the developer will have to construct an eastbound right turn lane and westbound left turn lane on Piner Road at the site access. There is no plan currently in the NCDOT improvement program that calls for the widening of Piner Road at this time. Chairman White stated that he and his wife are two of the crazy parents referred to by Mr. McLamb that for seven years drove their children one way in the morning and one way in the evening and afternoon, on this road. Part of the time he was not a Commissioner and he would ask who designed this road because it is horrible. You can't get in the school and you can't get out of the school. Many people darted out there, taking their lives and those of their children in their hands twice a day and even today it's horrible. He then stated to Deputy County Attorney Huffman that he prefaced his questions to her with the anecdotal stuff, which is not to be considered at an evidentiary hearing, he can't consider those personal experiences of his, none of us can because judges strike through that and they punish us for that. He asked her that even though those are his personally held opinions, if he wanted to vote against this project based on traffic, has there been any evidence presented here tonight that she believes a judge would point to as being able to do that, and going to Mr. Wilbur Davis' comments, who obviously shares the same opinion that we do about the horrendous traffic; as of right when the attorney uses the phrase, as of right, it means they don't need permission. Somebody could go tomorrow morning to the permit department and say they want to put up an O &I use, a risk this gentleman and some of his supporters are willing to accept. If they did that, wouldn't that make traffic worse potentially tomorrow or next year, or 10 years from now? Deputy County Attorney Huffman stated that in regard to that it is an O &I property and so there could be many uses placed there that would have a much greater impact on traffic. She would think it's fair to say that most uses placed there by -right may well require a TIA because of the number of trips where this did not require a TIA. That being the case, the Board still must look at all the evidence, what's been provided to the Board and how the burden of the applicant has or hasn't been met. The applicant and staff made findings of fact that there was not any evidence that public safety would be affected. Now, the fact of the matter is that just about anywhere in New Hanover there is more traffic than our roads many times can handle. Chairman White stated that was the buzz phrase he was waiting for her to say. He has never spoken with her about this. He then asked her if it would be legal or illegal if he had the opinion that "You know what, it's so bad that I'm not going to ever vote to approve anything, I don't care what it is, if it comes before me and people ask me to say yes or no, I'm going to say no because I don't want another car there if I have anything to do with it." Deputy County Attorney Huffman stated that the courts have said and our legislature has said that regarding issues of traffic and whether they impact public safety, the testimony that you must consider in making your decision must come from experts. The lay opinions of the residents of the area, of the applicant, of me, of you, are all general evidence that you listen to and consider but our legislature as part of legislation and our courts interpreting that, have stated that with NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 84 regards to a rebuttal from a presumption that applicant has that there's not an effect on public safety, that you can only rebut that presumption with evidence from a traffic expert. Without a traffic expert here to testify that the traffic in the area, because of its nature or amount or timing, et cetera, would affect public safety, yes, she believes that Chairman White would have made an illegal finding. Commissioner Barfield stated that a previous Commissioner he served with that made a motion that, in a statement in the public hearing, he would never vote for another project on Market Street because of the traffic. And the applicant sued the County and won based on that comment. The comment was that you can't go out and make a blanket statement about what you are not going to approve based on traffic, just to say that, and Amberleigh Shores is there now. Chairman White stated that the purpose of the exchange with Deputy County Attorney Huffman, and he appreciates Commissioner Barfield's statement, was a rhetorical exercise to demonstrate it's not that the Board does not listen and share many opinions about traffic in this community. The purpose of that exercise was to demonstrate instead there are laws in place that the Board is bound to follow by the oaths that they take. He thanked Deputy County Attorney Huffman for the discussion. Commissioner Zapple stated that it seems to be an endless cycle. We don't require a TIA because there's only 71 units, so we don't have the information in front of us from a traffic expert to be able to fully understand or to be able to make a clear decision. He thinks most if not all have had the same experience. Traffic is horrible there. However, there is not a traffic expert here because it's only 71 units and there's no TIA, so in his point of view he does not feel he has the necessary information in front of him. He knows as a human being and as a representative of the people, there's a serious problem there. He takes that charge really seriously and thinks in this case we have the ability and the authority, especially under the public safety standpoint, to at the very least delay a decision until we have a traffic expert. Let's get someone here if that's what's necessary and again he does not have enough information from what he already knows. Chairman White asked Deputy County Attorney Huffman that since there is no requirement to do a TIA, if that would that be a permissible action for the Board to consider. He tends to agree that the fact that there isn't one doesn't mean it would not be useful evidence if the Board had it. If the Board required the petitioner to do one that's not required by our ordinance, is that improper? Deputy County Attorney Huffman responded that she thinks that if it is a SUP application the Board can require or request any evidence that it would like to hear in making its decision. The applicant can choose whether to provide it to the Board or not. If that necessitates a continuance of the hearing for the them to determine whether they wish to provide that to the Board, then that's appropriate. Commissioner Barfield stated that he is going to go back to a previous item that the Board voted on. He asked if the Board starts changing the process, what predictability will anyone have in regards to what the Board is doing? If someone is told they need to bring x, y, z to a meeting, he's going to comply on that based on what the current rules are. So if changes are made in the middle of the stream, what predictability do they give to the public? He does not mind changing things but wants to make sure they're being consistent in what they're doing. If a TIA is not required, which is something that's set by NCDOT, and not really something that's set by the Board if he's not mistaken. Mr. Andrea responded that the County does have a threshold of 100 peak hour trips and is more restrictive than NCDOT's threshold of 300. Commissioner Barfield further stated that the County just completed a Comprehensive Land Use Plan, and is now in the process of the Unified Development Ordinance (UDO). He asked if we need to throw other stuff in there prior to so again, when folks come before the Board they know what to expect. Commissioner Zapple responded to Commissioner Barfield stating that this a continuance of a conversation they have had several times. He thinks all of the Board has run into issues dealing with a TIA, there is a number set and even though it's more restrictive than NCDOT at 100 cars, 100 trips is somewhat arbitrary. What it doesn't take into account is the aggregate of what is to the left, to the right of it, within a quarter mile of it, or in this case three full schools within a quarter mile of this one project. The TIA process is not written in stone and we've run into this a number of times, along Carolina Beach Road and other areas where there are apartments. He thinks where they keep bumping up against is what is it that the Board needs to do to get a clear reading to get the information they need to make the best decision possible. Again, he suggests that the Board does not have the right information. Chairman White asked Planning and Land Use Director Wayne Clark to come forward and stated that Commissioner Zapple is correct. It's not proper for the Board to consider what Director Clark says on this issue, he does not think for this hearing, but in general this is an on -going conversation here that the Board has. Commissioner Barfield is 110% right when he says that our community and those that plan for the future and use their land and read the rules need to understand what the rules are before they walk in here tonight. We have to follow those rules tonight and can't say, "oh, you know what, we're not going to follow that ". Chairman White further stated that Commissioner Zapple is also correct that this is an on -going conversation as everyone struggles with traffic. He asked Director Clark if he has an opinion tonight about whether or not they should at a later time consider making changes to the hundred trip peak hour restriction. Chairman White also asked if he thinks that's a policy question that they need to decide at a later time separate and apart from Director Clark's opinion. Director Clark stated that he would agree their threshold is more restrictive than NCDOT. It is very common to the threshold he has seen in every other State he has worked in, that the 100 trip is common. You have to pick a number and you have to have some kind of clear expectation when people come forward in the process. The reason for that threshold ties somewhat to, and he stated this as a planner and not as a traffic engineer, there is a de minimis impact at some point when studying this. NCDOT still looks at the traffic, like in the case of this one, and this trip of thresholds for the TIA they still through the driveway permit analyze traffic impacts and say they're not going to give a driveway unless certain improvements are made to the roadway. The TIA is not the answer to the problem, it's a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 85 deeper analysis where the cars are going to go, how many left turns, how many right turns, and at what times of the day are they going to come in. It's a helpful tool but the NCDOT knows their roads and their improvements. It sounds to him what the Board is working with is a similar issue he dealt with in the City. There's a lot more to new growth than one specific project. They look at a multitude of factors when determining whether to recommend approval or not besides just the traffic. You want to look at them all as a whole in its entirety. One of the things pointed out tonight is that traffic is a challenge throughout the entire County. The people who built for the last 100 years probably could have done a better job and the planners could have certainly done a better job of laying out a community that was more efficient in the use of its road ways. What they were try to go do was develop a global approach to if there is overall a positive to what's being proposed in front of the Board. In some cases, there may be more traffic but there would be even more traffic if there was a medical office located in this facility. Director Clark concluded his response stating that he does think staff should come back to the Board with a broader approach. He has not been here long enough to develop that yet. He has pulled all the documents he can and he thinks that's an appropriate response to come back to the Board in the future with something that's more than just a TIA. Chairman White thanked Director Clark for his comments. Vice - Chairman Watkins stated that if the Board were to approve this request tonight, he is not satisfied about the where the fence is going to be. He thinks that is something the Board needs to address itself. He is just not satisfied that if the fence is placed on the development side of the buffer. He's concerned about that 15 -foot property line that goes four or five hundred feet long and they're going to have to ask the applicant if they would put a gate in there, that they would have to do. He thinks this Board needs to decide, where do they want the fence and do they want to approve it. Or they can do that all in one fell swoop. He knows property owners don't want that fence on their line from what he hears, but he thinks it's up to the Board to determine the location. It may be a minor issue, but for him it's still an issue. Commissioner Barfield stated that he does have an opinion. To him he would put the fence on the property line. Anything else would equate to a taking to where you really wouldn't have access to your property. If you have a home you are going to put your fence on your property line, a foot within your property line, but he wouldn't suggest moving it 50 -feet away from the structure. He is thinking folks may have dogs, they may have kids, they want to have an Easter egg hunt or anything, they may want to utilize that space for their own recreational space rather than not. Commissioner Kusek stated that she has been listening and she would have to whole heartedly agree with Commissioner Barfield where that fence needs to go. She has seen it sitting where the public is and from where she currently sits, and it seems like the Board continuously goes back and tries to rewrite and revise to whatever conditions seem appropriate at the time and they've got to stick to the regulations that they are required to about what they are asking applicants to come here with and enforce that. If those need to be changed down the road that's fine, but they can't just do that as the wind blows. They've had a history of doing that in the past. People came with this, now they need this, now they need something else. She thinks the Board needs to get past all of this and if they need to do some revisions with traffic analysis, then they need to do that as well. Vice - Chairman Watkins stated that the fourth condition that the Planning Board placed upon it did say the fencing along the northern property line must be installed directly on the property line or outside so that "or" is in there. Commissioner Zapple stated that if he understands the fence issue correctly, they're stuck with a technicality here that they're not allowed to put a permanent structure within the buffer zone. For pure practicality, putting a fence directly on the buffer line restricts maintenance on the back side of it and it means you have to get permission from the landowners to fix it, paint it, and do whatever you have to do. It makes more sense to move it 18 inches so they have a small area for maintenance. The problem is the way the easement is written right now; they are not allowed to put the fence 18 inches or two feet inside the easement. Commissioner Barfield stated that he guesses they have the option of not putting up a fence at all. Chairman White asked Mr. Lee, since that raised a legal issue, to provide his legal opinion in response to it. Mr. Lee stated that is why they crafted and asked respectfully, that they changed the last condition to the extent permitted under the applicable restrictions proposed on the property easement the applicant would place a six -foot opaque fence installed on the north and the east property lines at the points where it abuts the residential. He fully understands if there needs to be a few feet for maintenance. What that would do is help resolve this issue; he and his client do not think that that's a structure. The ordinance does not define a fence as a structure. Practically speaking if you will put a fence back there, someone will say you are violating the easement and they will come to you and say the applicant is violating their special use and there will be confusion. So if they have the condition set to the extent it's allowed under the restrictions they will install it, then they can go ahead and work with the property owners in that regard because it's his understanding it's not just the property owners that abut, it's the entire association that deals for the benefit of the particular buffer area and it was not a fence imposed on the buffer area originally. In response to Board questions, Deputy County Attorney Huffman stated that the fourth condition recommended by the Planning Board said place a fence along the three sides either on the property line or inside the property line. Her understanding from the Planning Board's thought process was that putting it on the property line or 50 -feet from the property line was not a structure within the easement. She understands Mr. Lee's concern about the Board requiring a condition that it be placed 18 inches within that property, within that boundary, that somebody in Wood Duck Association could say that it is a violation of that easement and therefore violates the SUP because the agreement was with the entire community, it wasn't just with those adjoining property owners. The easement is recorded. No one knows what the anticipation was when that was written in place of records, agreed to. It seems to her it is not a great idea to place it within the 50 -foot buffer. She further stated that Mr. Andrea reminded her that the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 86 discussion at Planning Board was the fence was not for containment or keeping in or out, it was for visual screening. She then asked Mr. Andrea to step forward to provide his viewpoint. Mr. Andrea stated that he thinks it would be helpful to provide some context what the Planning Board was thinking. The concern came up about how it was going to look from someone's single family residential lot looking into this property, so the idea of putting a fence up to block, to provide a visual screen, that's where this concept of the fence came up. It really didn't have anything to do with fencing people in or fencing people out, it was to provide a visual screening benefit. Vice - Chairman Watkins stated in his opinion that if the Board does approve this that it is going to have to uphold, within the 50 -feet on the property side of the buffer. If a property owner /developer wants to put a gate for recreational purposes or for maintenance purposes, he does not think that would be a problem. Chairman White stated that a Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. He asked the petitioner if they would like to continue the application to a future meeting or to proceed with this Board deciding whether to recommend approval or denial of the application. Michael Lee requested the Board to proceed with the decision. Chairman White asked the petitioner if they agree with the staff findings and any proposed conditions. He knows Mr. Lee handed to the Board another condition, or suggested condition, related to the fence. He asked again if the petitioner would agree with staff findings and any proposed conditions. Mr. Lee responded that they would agree with the Planning Board condition of on the property or on the 50 -foot buffer. Chairman White asked for direction from the Board and stated that in closing he sees comments about affordable housing as persuasive as well as the comments about traffic as persuasive. He wished he could vote no, but there is not evidence for him to vote no. He feels he would be ignoring the law and that is not something he is allowed to do. So he will vote in favor of it and will entertain a motion to approve or deny it at this time. Motion: Commissioner Kusek MOVED, SECONDED by Vice - Chairman Watkins, to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Summary, and with the conditions as recommended by staff. Chairman White asked if there was any further discussion. Commissioner Zapple stated that he still believes it is part of the Board's responsibility, it's why they have a SUP process and why they've gone through this process to identify issues important to the community and important to the Board. He does not believe the Board has been presented with enough information that convinces him that the public safety has been fully protected in finding number 1 and thus, he cannot support the SUP the way it currently is without more information that would raise his confidence level of the traffic issues that have been identified during this discussion. Chairman White asked Commissioner Zapple if a judge were to look at his comments what evidence would he point to to identify and articulate as the law requires his comments about traffic. Commissioner Zapple responded he would say there's not enough and the traffic expert has not testified here that during the hours of operation of the schools, in the mornings and in the evenings that that is safe and that the public safety is not impacted by the amount of traffic that is there. He knows it and sees it. And from what Chairman White is saying, Commissioner Zapple does not think that this whole process is planned to be so rigid that when they see an accident happening that they can't step forward and say there needs to be some other improvements here. Commissioner Zapple stated that again, his confidence level has not been raised enough to know that those, the traffic that is happening there on a daily basis, at least five days a week, is adequately being addressed and he hasn't heard testimony here today to say that it has been. Chairman White stated that he hears what Commissioner Zapple is saying and agrees with the underlying opinion he shares. He shares it, Mr. Davis shares it, everybody in this room shares it. But the intellectual extension of what Commissioner Zapple is saying is if he is sitting on a jury and he is trying to determine someone's guilt or innocence, and he is listening to the testimony that is sworn under oath as they heard of witnesses on the witness stand and he chooses to go to the crime scene or interview his own witnesses or bring biases, the judge says that's impermissible. You cannot do that. You cannot call the defendant up and say, "Hey, are you guilty? Are you not guilty? Just tell me. You didn't testify, you chose not to, but I'd like to know." Chairman White further stated that he was not being disrespectful of Commissioner Zapple and shares his underlying opinion. The traffic is horrible there. But they don't want the jurors undergoing that same self - initiated evidentiary inquiry and they are not permitted to do it either. The evidence they have heard tonight, is there is none. The ordinance says what it says and if the Board were to change it midstream here he thinks a judge would look at them and say, "Why did y'all change the rules for this petitioner? You can't do that, it's not legal." Chairman White stated he is not trying to over lawyer this. Commissioner Zapple stated that his response would be that the evidence has not been placed in front of them today that shows that that is safe. Again, they know from their own experience that it is not safe. He said to show him the evidence that was presented here tonight. That's how he responds to it. Again, part of the Board's job here in representing everyone, they know they hear the traffic concerns throughout the entire county. And here it boils down to a decision here in front of the Board today, can they make a difference? And he thinks in this case until he gets evidence brought forward that says, yes, this is safe and this is the impact, this is how they're going to improve it, they're going to widen Piner Road. That has not been presented and he cannot in good conscience move forward with it. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 2, 2018 PAGE 87 Vice - Chairman Watkins thanked the people who have been sitting here tonight, and he has a personal friend sitting in opposition in the room. He understands and he thinks they all agree with the traffic. However, he wants these folks to realize when the Board sits here, they're sitting as judges. This is not the same procedure that they saw on the first two rezoning items because the Board sit as judges, it's called a quasi - judicial process. They can't even and they don't even talk about it to each other. If someone approached him in the hallway, he would say, no, he can't talk. He doesn't want these good people to think that they are treating this case any differently than the prior two, but they are required to treat this with evidence that's been presented and if they all will recall there have been several of these special use permits where people get up and say traffic is terrible. But no one has brought a traffic expert, Mr. Zapple is correct. They're at the decision making process now so they don't have evidence, pro or con, good or bad or ugly. Vice - Chairman Watkins called the question. Mr. Lee stepped up to the podium and Chairman White stated that he would only entertain Mr. Lee to address comments that have been made in the last five minutes. Mr. Lee stated he just wants to clarify the motion. As he stated, they are fine with 50 feet or on the property line. He just wants to clarify the motion was with respect to it abutting the residential and not the O &I; he just wanted to clarify what the motion was. Chairman White responded that staff findings did not have that so he does not think it was included in the motion. Vice - Chairman Watkins stated it was not; they did not clarify that. Chairman White stated that Vice - Chairman Watkins had called the question. Chairman White asked for a vote for the motion on the floor. Upon vote, the MOTION PASSED 4 —1. Commissioner Zapple voted in opposition. Deputy County Attorney Huffman asked Chairman White if they are clear on the fence; if there is a fence. Chairman White stated he is clear on the fence and he thinks the record is clear on the fence. They are done with that item. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 71. PUBLIC COMMENT ON NON - AGENDA ITEMS Chairman White announced that no one signed up to speak under public comment. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 8:38 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.