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2012-06-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 410 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 4, 2012, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin. Staff present: County Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. INVOCATION AND PLEDGE OF ALLEGIANCE New Hanover County District Court Judge James Faison provided the invocation. Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if anti- member of the Board would like to remove or discuss anti- item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Special Meeting held on May 17, 2012 Agenda Review Meeting held on May 17,2012 Regular Meeting held on May 21, 2012 Closed Session held on Mav 21,2012 Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2012-2013-County Manager The Commissioners, as recommended by the New Hanover Count-ti- Juvenile Crime Prevention Council, approved the North Carolina Juvenile Crime Prevention Council fimding disbursement for fiscal year 2012-2013 in the amount of$433,344 as follows: Juvenile Crime Prevention Council Administration-$5,501 Youth Empowerment Sei ices-$381,969 Teen Court-$45,874 Approval of Second Reading of Solid Waste Franchise Application for Coastal Waste Services, Inc. - Legal Department The Commissioners, pursuant to New Hanover County Code Section 44-55, approved the second reading request to award a solid waste franchise to Coastal Waste Sei ices, Inc. The initial franchise period will run for seven years. A copy of the franchise agreement is available for review in the Legal Department. Adoption of Amendment to the New Hanover County Code of Ordinances, Chapter 44, Section 44-45 -Legal Department The Commissioners adopted an amendment to Chapter 44, Solid Waste,Article II, Collection and Disposal, Division 2, Additional Solid Waste Provisions, Section 44-55,Franchise. A copy of the ordinance amending Chapter 44, Section 44-55, Franchise Required for Solid Waste Collection of the New Hanover County Code of Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 9.1 and will be codified into the New Hanover County Code of Ordinances. Adoption of Budget Ordinance Amendments-Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-236-Finance 12-240-Parks, Gardens& Senior Resource Center Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 9.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 411 REGULAR ITEMS OF BUSINESS ADOPTION OF ELDER ABUSE AWARENESS MONTH IN NEW HANOVER COUNTY PROCLAMATION Marianna B. Stacy and Jane Jones from the Cape Fear Elder Abuse Prevention Network submitted the request for the Board's consideration to proclaim June 2012 as Elder Abuse Awareness Month in New Hanover County. Members of the Cape Fear Elder Abuse Prevention Network were in attendance to accept the proclamation. Vice-Chairman Barfield read the proclamation into the record and moved for adoption Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the proclamation recognizing June 2012 as Elder Abuse Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 9.3. ADOPTION OF A RESOLUTION APPROVING THE FORMATION OF COASTAL CARE Assistant County Manager Chris Coudriet and Southeastern Center Director Foster Norman presented the request for the Board's consideration to authorize the formation of Coastal Care. Recent General Assembly legislation requires that public entities providing seivices addressing mental illness, developmental disabilities, and substance abuse disorders seine a population of at least 500,000. To meet the new standard, Southeastern Center, presently seivicing New Hanover, Brunswick and Pender Counties, will combine with Onslow Carteret Behavioral Healthcare Seivices. To secure the appropriate N.C. Health and Human Seivices approval, the respective Boards of County Commissioners are being requested to adopt a joint resolution approving the Consolidated Area Authority (Authority), transferring real and personal property and find balances to the Authority, and addressing personnel and governance of the Authority. This new entity, Coastal Care, shall be governed by a Consolidated Area Authority Board consisting of an initial twenty members. New Hanover County is to appoint one Commissioner and three additional members to have a designated staggered term of one year,two years,or three years. The Board is being requested to adopt the joint resolution and make the required board appointments for New Hanover County. It is anticipated that the appointments will be made from current Southeastern Board members. Commissioner Rick Catlin is the current commissioner representative: Frederick L. Blankenhorn, Andrew Jackson and Avril Pinder are the other members. After brief discussion, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the joint resolution to approve the formation of a Consolidated Area Authority, Coastal Care, to operate a program for mental health, developmental disabilities, and substance abuse seivices in Brunswick, Carteret,New Hanover, Onslow, and Pender Counties as presented. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. Substitute Motion: Commissioner Berger MOVED to table the consideration of the resolution to allow for further consideration and due to concerns about the suggested appointments. No SECOND was received, therefore the MOTION FAILED. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to appoint Commissioner Rick Catlin as the New Hanover County commissioner representative and appoint Frederick L.Blankenhorn to a one-year term, Andrew Jackson to a two-near term, and Avril Pinder to a three-near term as New Hanover Count-v representatives on the Consolidated Area Authority Board. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 9.4 PUBLIC HEARING ON FY2012-2013 RECOMMENDED BUDGET Chairman Davis opened the public hearing on the FY2012-2013 Recommended Budget and received comments from the following organizations/people: • New Hanover County Schools Chairman Don Hayes and Superintendent Dr. Tim Markley provided an oveiview of the academic and organizational successes that have been realized during the past year including the opening of Virgo Middle School and encouraged the Board to approve the recommended budget funding. • Cape Fear Community College President Dr. Eric McKeithan provided an oveiview of the past year and current needs stating that he was concerned that maintenance has been deferred due to lack of finding. He expressed appreciation to the Board for their continued support and the additional $1 million in finding but requested an additional$910,290 to address critical repairs. • Judge James Faison, Drug and Driving While Impaired Treatment Courts, spoke on the merits of the programs and requested the Board approve the recommended finding amounts. • Mary Aim Lama, Domestic Violence Shelter and Seivices, Inc., spoke on their seivice to the community and requested the Board approve the recommended finding in the amount of$14,300. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 412 • Karen Pappas and Linda Lytvinenko, Cape Fear Literacy Council, spoke on the need in fighting literacy in the community and requested the Board approve, at a minimum, the recommended fimding amount. • Leigh Johnson, Susan G. Kormen for the Cure, thanked the Board for the recommended budget amount of$5,000. • Linda A. Pearce, Elderhaus, spoke on the sei ices their organization provides the community and the financial need that exists to assist more clients requesting the Board approve the recommended budget amount. • Amy L. Feath, Coastal Horizons,requested continued fimding as recommended in the proposed budget at the current amount. • Jimmy Pierce,Kids Making It,Inc., spoke on the sei ices their organization provides to children in the community and requested the Board reconsider their fimding request. • Katrina Knight, Good Shepherd Center, encouraged the Board to approve the recommended fimding amount stating that they can seine more clients with increased fimding. • Arne Brennan, Cameron Art Museum, spoke on the programs they provide to the community and encouraged the Board to approve the recommended fimding amount. • Dan Ferrell, United Way Ten Year Plan to End Chronic Homelessness, spoke on the success stories since the implementation of the plan and requested the Board approve the recommended fimding amount. • Christine By spoke on the success her daughter has experienced with the assistance of the Coastal Horizons program and encouraged the Board to continue their fimding. Hearing no firrther comments, Chairman Davis closed the Public Hearing and thanked those who offered comments. PUBLIC HEARING AND AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION'S RURAL OPERATING ASSISTANCE PROGRAM Wave Transit Finance Director Joe Minimri reported that New Hanover County is eligible to receive grant fiords in the amount of $260,080 from the North Carolina Department of Transportation's Rural Operating Assistance Program for FY 2012-2013. Funding must be used to provide transportation sei ices to specific populations of the unincorporated areas of the County. No local match is required. A public hearing is a requirement of the grant submission. The fimding categories and amounts as determined by NCDOT are: • Elderly and Disabled Transportation Assistance Program in the amount of$115,447 • Employment Transportation Assistance Program in the amount of$39,304 • Rural General Public Transportation Program in the amount of$105,329 Chairman Davis opened the Public Hearing to receive comments concerning the submission of a Rural Operating Assistance Program grant application; hearing no comments Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED bi- Commissioner Catlin, to authorize the submission of a Rural Operating Assistance Program grant application in the amount of$260,080, direct the Chairman and staff to execute the appropriate certifications and assurances, and accept the grant fiords if awarded as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Rural Operating Assistance Program Application for FY 2012-2013 is available for review in the County Manager's Office or the Wave Transit Office. ADOPTION OF RESOLUTION AWARDING BID AND CONTRACT#12-0309 TO LUMINA BUILDERS, INC. FOR THE PURCHASE AND INSTALLATION OF THE LANDFILL SCALE HOUSE Environmental Management Director Joln Hubbard provided a history of the existing scale house and presented the request to award the bid to Lumina Builders, Inc. for Phase II of the scale house replacement project. In the FYI 1-12 Adopted Budget,the Board approved the Landfill Scale and Scale House Replacement Project in the amount of$290,000. Phase II consists of the purchase and installation of a 14' X 30' modular building including site preparation, back-up generator, access ramp, wood deck, and a covered porch and will also include all foundation work,electrical,plumbing,and water hook-ups and obtaining the required permits. Staff formally bid the project with three bidders submitting the bids listed below: Lumina Builders $ 92,370 Home Headquarters $ 98,876 Bradlev-Barnes $122,000 Staff is requesting the Board adopt the resolution awarding Request for Bids #12-0309 and contract #12- 0309 to Lumina Builders Inc. in the amount of$92,370 for the purchase and installation of the Landfill Scale House and authorize the County Manager to execute the contract. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 413 Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution awarding RFB #12-0309 and contract#12-309 to Lumina Builders, Inc. in the amount of$92,370 for the purchase and installation of the Landfill Scale House as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 9.5. PUBLIC HEARING AND DIRECTION TO STAFF TO NEGOTIATE A COMPREHENSIVE SERVICE AGREEMENT WITH COVANTA ENERGY FOR RENOVATION AND LONG TERM OPERATION OF THE NEW HANOVER COUNTY SUSTAINABLE ENERGY FACILITY FOR THE BOARD'S CONSIDERATION IN JULY 2012 Assistant County Manager Chris Coudriet presented for the Board's consideration staffs recommendation to partner with Covanta Energy for the renovation and long-term operation of the New Hanover County Sustainable Energy Facility(formerly known as WASTEC). Chairman Davis opened the Public Hearing and requested comments from the audience. The following people spoke in favor of staffs recommendation: • James Grimes, ChemTreat, spoke on the economic impact his company, and others companies that sei iced WASTEC, brought to the community and voiced his support of the recommendation to reopen the facility. • Buck O'Shields voiced his support of the recommendation to rebuild WASTEC and enter into a management contract with Covanta Energy. He requested that desei ing former employees be given priority in hiring. • David Pyle, Cape Fear River Watch, voiced his support of the recommendation and encouraged the Board to move forward with the management contract with Covanta Energy. • Rob Zapple thanked the Board for conducting such a thorough review of the subject stating that he believes the Covanta proposal is very promising. He requested additional information concerning if special waste will create additional emissions and what the plan is for any over-amount of recycling items and the potential cost of storage. The following people spoke in opposition to staff s recommendation: • Chris Anderson stated that Senate Bill 3 is profitable to Progress Energy and not the consumer and needs to be repealed. He voiced his concern about the financial feasibility of rebuilding the incinerator at this time urging the Board to approve the least expensive option. • Peter Purrington voiced his concern about rebuilding the waste-to-energy facility stating that the current process is about 100 years old and there are better alternatives on the horizon and suggested waiting a few years for the development of new technology. Chairman Davis closed the Public Hearing and requested questions from the Board. In response to Board questions, Covanta Energy Vice President of Sustainability Brian Bahor answered questions concerning the current permit, the plan to lower emissions therefore reducing the risk of non-attainment, and clarification of tomrage burned/ash produced ratios. In response to Board questions, Assistant County Manager Coudriet confirmed that if the Board directs staff to negotiate a comprehensive sei ice agreement with Covanta Energy, the Board will still have the opportunity to review the agreement before a final vote in July;board concerns will be addressed during the negotiation process. Hearing no firrther comments, Chairman Davis requested direction from the Board. Motion: Chairman Davis MOVED, SECONDED by Commissioner Thompson, to direct staff to negotiate a comprehensive sei ice agreement with Covanta Energy to be brought back for Board consideration in July 2012. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF LOWER CAPE FEAR SUSTAINABLE COMMUNITIES CONSORTIUM AGREEMENT TABLED UNTIL THE BOARD'S JUNE 18,2012 MEETING Plarrring Manager Shawn Ralston presented the request from the Lower Cape Fear Sustainable Communities Consortium providing a history of the initiative. The consortium was formed in 2010 to support multi jurisdictional planning efforts in Bnnrsivick, New Hanover, and Pender Counties that integrate housing, land use, economic and worldorce development, transportation, and infrastructure investments. In June 2011, the Board approved a Memorandum of Understanding demonstrating support for the initiative and authorizing staff participation. The Consortium applied for a grant from the Federal Sustainable Communities Initiative, a partnership between the U.S. Department of Housing and Urban Development (HUD), the U.S. Environmental Protection Agency(EPA), and the U.S. Department of Transportation(DOT)and was one of only 28 regions across the U.S. to receive fimding in the amount of$1.13 million. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 414 With the finding, the Consortium will work with communities over the next three years to create a Regional Plan for Sustainable Development. In order to complete the work outlined in the project scope, a Consortium Agreement must be signed by each of the eleven members to ensure effective faction of the participating entities. New Hanover County has committed $26,764 of in-kind staff time over the three-year performance period of the grant. No cash contributions or new positions are being requested. The Board held a question and answer period with Commissioners Thompson, Berger and Catlin voicing concern about how a sustainable development initiative would be agreed upon by the consortium as well as how it can be accomplished and implemented. Concerns were also voiced on how the plan would relate specifically to New Hanover County; that the current board could not commit fixture boards to the goals and organization structure of the Consortium;what the year four expectations were after the three year funding ended: the use of Federal fiords to control and potentially duplicate efforts that are already in place locally; and the commitment of staff time. Vice-Chairman Barfield stated that he supports moving forward with being part of the regional effort as the fiords are already in place with no contribution required from the County other than limited staff time highlighting that the County will benefit from being at the table and part of the regional initiative. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to table the request to enter into an agreement with the Lower Cape Fear Sustainable Communities Consortium until the Board's June 18, 2012 meeting to allow additional time to review the proposal and address private sector concerns. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Barfield and Commissioner Thompson voted in opposition. BREAK Chairman Davis called for a break from 8:55 p.m.until 9:04 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF WITH WITHERS & RAVENEL, ON BEHALF OF JRB PROPERTY,LLC,TO REZONE APPROXIMATELY 0.459 ACRE AT 201 PORTERS NECK ROAD FROM R-15 MEDIUM-DENSITY RESIDENTIAL TO CD(B-1) CONDITIONAL BUSINESS DISTRICT(Z-917,4/12) Chairman Davis opened the Public Hearing and announced that the conditional rezoning 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: Chris O'Keefe Sam Burgess Cindee Wolf James Burris Senior Planner Sam Burgess presented the request by Cindee Wolf with Withers &Ravenel, on behalf of JRB Property, LLC, to rezone approximately 0.459 acre of property located at 201 Porters Neck Road from R-15 Medium-Density Residential to CD(B-1) Conditional Business District and presented a slide overview of the request. The parcel has a residential home on site which has been used as an office for a private construction business for the past ten years: no construction equipment exists on site. The property is bounded to the north and west by B-1 Neighborhood Business and to the southeast by R-15 Residential. The B-1 area contains a variety of services and more intense commercial services existing under the B-2 Highway Business District are also located nearby. The purpose of the B-1 District is to provide convenient shopping facilities and personal services required to seine nearby neighborhoods. The district's primary means of access are typically along collector roads, minor arterials and/or major arterials. At their regular meeting on May 3, 2012, the Planning Board voted 5-0 to approve the request. No one from the public spoke in opposition. Staff recommends approval since the use is already in place with no negative impact on the adjoining residential property to the south. In response to Board questions, James Burriss, the petitioner, agreed with the findings of facts as presented and with any proposed conditions stating that he wished to proceed with the request. Chairman Davis asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Berger MOVED, SECONDED by Commissioner Catlin, to approve the request by Cindee Wolf with Withers & Ravenel, on behalf of JRB Property, LLC, to rezone approximately 0.459 acre of property located at 201 Porters Neck Road from R-15 Medium-Density Residential to CD(B-1) Conditional Business District finding that the request is: 1) consistent with the purposes and intent of Policies 4.3, 5.6 and 6.3.9 of the 2006 CAMA Land Use Plan, which refer to the need to maximize effectiveness of commercial uses within close NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 415 proximity to the markets they seine by ensuring that such commercial nodes do not diminish the quality of life in nearby residential areas and coordination of new development timing coinciding with necessary road improvement completion schedules; and 2)reasonable and in the public interest as this location is adjacent to similarly approved development. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested direction from the Board concerning the conditional use permit. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve the request for a Conditional Use Permit to extend an existing district for a construction office based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located 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 with the following conditions: 1) in accordance with Section 31 ("Rules for Interpretation of District Boundaries) of the County's Zoning Ordinance, the proposal shall include the road right-of-way front yard width of the property along Porters Neck Road extending northwest to the eastern right-of-way of Porters Neck Road: and 2) any deed restrictions to the property being modified or released of record. 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 ON JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5,Page 67. A copy of an order granting a Conditional Use Permit and listing the findings of facts is contained in SUP Book IV,Page 42.1. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY GINGER BRUTON, ON BEHALF OF CANADY REVOCABLE LIVING TRUST, TO OBTAIN A SPECIAL USE PERMIT TO ESTABLISH A "KENNEL" AT A PROPERTY LOCATED IN AN O&I OFFICE AND INSTITUTIONAL ZONING DISTRICT AT 8001 MARKET STREET. (S-605,05/12) Chairman Davis opened the Public Hearing and announced that the Special Use Permit 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: Chris O'Keefe Nicole Dreibelbis Ginger Bruton Judv Canadv Current Planner Nicole Dreibelbis presented the request by Ginger Bruton, on behalf of Canadv Revocable Liking Trust, to obtain a Special Use Permit to establish a"kermel- at 8001 Market Street located in an O&I Office and Institutional Zoning District,and presented a slide overview of the request. The proposed use is for a pet spa and meets the requirements of Section 72-26 and is located within an area classified as transition according to the 2006 CAMA Land Use Plan. Staff feels the findings are positive: however, recommends the following conditions: (a) obtain a permit for an existing use of well with Environmental Health or connect to public water: and (b) dedicate a riventy foot access easement on the subject property for fixture development of a multi-use path along Market Street,consistent with the Market Street Corridor Plan. At the Planning Board's meeting on May 3, 2012, they voted 5-0 to recommend approval of the special use permit with the following rivo conditions as recommended by staff: 1)connection to public water;and 2)dedication of a 20-foot easement for fixture development of a multi-use path along Market Street. In response to Board questions, the petitioner Ginger Bruton stated that she would like to proceed with the request and that she agrees to the findings of facts as presented and the suggested conditions. Chairman Davis asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to approve the request by Ginger Bruton, on behalf of Canadv Revocable Liking Trust, for a special use permit to establish a Kennel" at property located at 8001 Market Street, in an O&I Office and Institutional Zoning District, based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 416 conformity with the plan of development for New Hanover County with the following conditions: 1)connection to public water; and 2) dedication of a 20 foot easement for fixture development of a multi-use path along Market Street. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 42.2. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND SECTION 61 OF THE COUNTY'S ZONING ORDINANCE TO REMOVE THE REFERENCE OF OUTDOOR BAZAARS FROM TABLE 61-4 AND REVISE THE ALLOWABLE DURATION OF SPECIAL FUND RAISING EVENTS FOR NON-PROFIT ORGANIZATIONS (A-403,05/12) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Senior Zoning Compliance Officer Steve Still presented the request by Staff to amend Section 61 of the County's Zoning Ordinance to remove the reference of Outdoor Bazaars from Table 61-4 and revise the allowable duration of special fiord raising events for non-profit organizations. At their May 3, 2012 meeting, the Planning Board voted 5-0 to recommend approval of the amendment. No one from the public spoke in support or in opposition of the item. Chairman Davis asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin,to approve amending Section 61 of the Zoning Ordinance to clarify the intent of the section as well as some of the regulatory timelines as presented finding that the request is: 1) consistent with the purposes and intent of the policies in the 2006 CMA Land Use Plan; and 2) reasonable and in the public interest to make changes the changes as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 9.6. PRESENTATION OF RESULTS OF FIRE SERVICES FIRE DISTRICT RATING PROCESS ANNOUNCED BY THE NORTH CAROLINA DEPARTMENT OF INSURANCE Fire Chief Donnie Hall reported that the North Carolina Department of Insurance conducted an in-depth insurance smvey for the northern and southern response areas of the unincorporated areas. On March 16, 2012, the County was informed that the districts will receive a rating of four for all areas except a small area located off of Sidbury Road and offered the following information: • Background: • October 1,2010 New Hanover County Fire Rescue: • Sole sei ice provider for the unincorporated area of New Hanover County. • Absorbed the current Insurance Districts and their current rates. • Received direction to move forward with the creation of Avo insurance districts. • November 2011 NC Department of Insurance inspected two insurance districts. • March 2012 results released. • New rates effective July 1, 2012. • Insurance Inspection Process: • Rating Categories: • Receiving and Handling Fire Alarms 10% • Fire Department 50% • Water Supply 40% • The Results: • Properties in the Southern Insurance District will become a protection class 4. • Properties in the Northern Insurance District including the Scotts Hill area will become a 4/9e. • Notable Results- Summaiv Review • Credit received • Engine Companies- 15 needed • Locations-seven additional needed • Reduced credit for distribution • Reduced credit for ladder response • Water supply credit • Public Marketing: • Insurance Agents Meeting • Public Information Meetings • Media Outreach/Mailings • Next Steps for Fire Department: • Review Departmental Requirements • Revise Capital Improvements Plans NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,JUNE 4,2012 PAGE 417 After brief discussion, Chairman Davis thanked the Fire Chief for the presentation and congratulated the Fire Seivice District for the improved rating report. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Davis announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. No items were presented. ADJOURNMENT There being no further business, Chairman Davis adjourned the meeting at 9:48 p.m. Respectfinlly submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Couno)Libraries and on innr.nhcgov.com H('Live or innr.nhcgov.com )ages.B0('%aspy