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2015-08-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 354 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 17, 2015, at 4:00 p.m. in the Human Resources Training Rooms, New Hanover County Government Center, 230 Government Center Drive, Suite 135, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairman Beth Dawson; Commissioner Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Teresa Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Doctor Clifford D. Barnett, Sr., Warner Temple A.M.E. Zion Church, provided the invocation and Vice-Chairman Dawson led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Hearing no comments, Chairman Barfield requested a motion to approve the Consent Agenda. Motion: Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, 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 of the Regular Meeting of July 20, 2015, as submitted by the Clerk to the Board. Adoption of State Road Resolution – Governing Body The Commissioners adopted NCDOT State Road Resolution supporting the addition of Porters Crossing Way located within Porters Crossing Subdivision (Division File No. 1218-N) to the State maintained secondary road system. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.1. Appointment of DSS Director Michelle Winstead to the Eastern Carolina Human Services Agency, Inc. Board – Governing Body The Commissioners appointed DSS Director Michelle Winstead to the Eastern Carolina Human Services Agency Board as a representative from the public sector working with clients of low-income families in New Hanover County. Adoption of a Resolution Adopting the Cape Fear Transportation 2040 Plan – Planning and Inspections Department The Commissioners adopted a resolution approving the Cape Fear Transportation 2040 Plan as recommended by the Wilmington Urban Area Metropolitan Planning Organization's (WMPO) Citizen Advisory Committee and the WMPO Transportation Advisory Committee as the metropolitan transportation plan for the WMPO planning area. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.2. Acceptance of Settlement Agreement of the Sanders v. New Hanover County Lawsuit – Legal Department The Commissioners accepted for the record a settlement agreement of the Sanders v. New Hanover County lawsuit resolved by payment of $5,000 to Stacy Sanders. A copy of the Settlement Agreement and Release is available in the Legal Department. Acceptance of Flow-Through Grant Funding from the Juvenile Crime Prevention Council of North Carolina for Coastal Horizons Center, Inc. – Finance Department The Commissioners accepted a flow-through grant funding in the amount of $78,000 from the Juvenile Crime Prevention Council of North Carolina for Coastal Horizons Center, Inc. The one-time grant has been awarded for their Intensive Family Preservation Services Program. The grant will flow-through New Hanover County, however, there is no County match required. Adoption of a Resolution to Dispose of Surplus Property Specific to Fire Services and Wave Transit According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 – Finance Department The Commissioners adopted a resolution declaring property surplus and authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. The County has certain supplies, materials, equipment, and apparatus that are surplus to its operations from Fire Services and one Wave Transit van. Proceeds generated from the sale of the van must be used for transportation and thus will be remitted to Wave Transit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 355 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.3. Adoption of a Resolution Approving the Purchase of a Fire Pumper from Atlantic Emergency Solutions and to Sell a 2005 E-One Fire Engine – Fire Services The Commissioners adopted a resolution approving the purchase of the Pierce Enforcer PUC Pumper Truck, a replacement fire pumper in the amount of $594,022 from Atlantic Emergency Solutions, and selling a 2005 E-One Cyclone Engine Truck as approved in the FY15-16 Budget. The purchase of the Pierce Enforcer PUC Pumper Truck is under the exception as provided and authorized by NCGS 143-129 (e)(3) and the Finance Director's designated representative is hereby authorized to dispose of the 2005 E-One Cyclone Engine Truck as surplus property by any method authorized by the NCGS 160A, Article 12. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.4. Adoption of Resolution for Naming of New Museum Park, Formerly Outdoor Learning Environment – Cape Fear Museum The Commissioners adopted a resolution approving the official name of the community park adjacent to Cape Fear Museum as the “New Hanover County Cape Fear Museum Park.” The new park is scheduled to open September 25, 2015. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.5. Acceptance of Four Donations for Accession into the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted four donations of regional artifacts for accession into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at its meeting on July 15, 2015 and a list of the items is available for review at the Cape Fear Museum. Adoption of Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books – Register of Deeds Office The Commissioners adopted a resolution authorizing and sanctioning Tammy T. Beasley, New Hanover County Register of Deeds, to remove New Hanover County Deed Books 213, 531, 788, 814, 831, 840, 845, 851, 855, 864, and 879 from the New Hanover County Registry for the purposes of repair, restoration and rebinding by Kofile, Inc. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.6. Adoption of Resolution Authorizing the Donation of a Surplus 2004 Ford Expedition to Fort Fisher – Sheriff’s Office The Commissioners adopted a resolution declaring a 2004 Ford Expedition from the Sheriff’s Office as surplus property, approving its donation to Fort Fisher, and directing staff to process any required documents to complete the transaction. The Ford Expedition will be used by Fort Fisher in their law enforcement division. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.7. Approval of May 2015 Tax Collection Reports – Tax Department The Commissioners accepted the following Tax Collection Reports as of May 2015: New Hanover County New Hanover County Fire District Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIX, Page 14.8. REGULAR ITEMS OF BUSINESS ADOPTION OF RESOLUTION RECOGNIZING FOSTER NORMAN FOR THIRTY-NINE YEARS OF PUBLIC SERVICE Vice-Chairman Dawson announced that Foster Norman, formerly the CEO of CoastalCare, retired July 1, 2015, after thirty-nine years of outstanding public service, read a resolution in recognition of his service into the record, and moved for adoption. Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Watkins, to adopt a resolution recognizing Foster Norman for thirty-nine years of public service. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Norman thanked the Board for the recognition and expressed appreciation to the Commissioners and County staff for their support of mental health services. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 356 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIX, Page 14.9. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2015 AS PROSTATE CANCER AWARENESS MONTH Chairman Barfield presented a request by the Wilmington Prostate Cancer Support Group to declare September as Prostate Cancer Awareness month, read the proclamation into the record, and moved for adoption. Motion : Chairman Barfield MOVED, SECONDED by Vice-Chairman Dawson, to adopt the proclamation declaring September 2015 as Prostate Cancer Awareness Month in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. George Gardner, President; Reverend Carl A. Byrd Sr.; and members of the Wilmington Prostate Cancer Support Group were present and expressed appreciation for the proclamation and efforts of the Health Department in educating the public on prostate cancer. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.10. ADOPTION OF PROCLAMATION DECLARING SEPTEMBER 2015 AS NATIONAL OVARIAN CANCER AWARENESS MONTH Chairman Barfield presented a request by Louise McColl and Beth Quinn to declare the month of September 2015 as National Ovarian Cancer Awareness Month. Commissioner Zapple read the proclamation into the record and moved for adoption. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Dawson, to adopt the proclamation declaring the month of September 2015 as National Ovarian Cancer Awareness Month in New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Beth Quinn accepted the proclamation and urged all women and their families to learn more about ovarian cancer and available methods that may reduce the risk of developing the disease. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIX, Page 14.11. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following retirees receiving retirement awards: Maureen Hayes, Department of Social Services, retiring with 8 years of service Christine Murphy, Department of Social Services, retiring with 25 years of service Chairman Barfield presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Year: Shaquita Canty, Department of Social Services Marquita Holmes, Health Department Ten Year: William Daniel, Department of Social Services Tabatha Miller, Department of Social Services Michelle Taylor, Community Justice Services Fifteen Year: Grant Jenkinson, Parks and Gardens Department Twenty Year: Gayle Ginsberg, Senior Resource Center Twenty–Five Year: Mark Vincent, Sheriff’s Department Thirty Year: Deborah Biddle, Sheriff’s Department Chairman Barfield presented a service award to each employee and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to step forward to be introduced: Matthew Barwick, Fire Services Koesha Basden, Department of Social Services John Robert Black, Planning and Inspections Department Roberta Byrd, Department of Social Services David Candela, Engineering Department Krystle Everett, Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 357 Helen Freeman, Department of Social Services Lisa Glazier, Department of Social Services Stephanie Hicks, Emergency Management/911 Services Patricia Huntley, Fire Services Celina Kent, Emergency Management/911 Services Haley Kiser, Department of Social Services Christopher Schwartz, Emergency Management/911 Services Grant Stutzenberger, Community Justice Services Renee Walker, Department of Social Services Pamela Wall, Department of Social Services Aimee Watson-Green, Senior Resource Center On behalf of the Board, Chairman Barfield welcomed the employees to County Government and wished them success in their new positions. County Manager Coudriet introduced and welcomed Ruth Ravitz Smith, the County’s new Chief Communications Officer. Ms. Smith expressed appreciation in being part of New Hanover County Government and commented that she looks forward to working with the Commissioners and staff. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING County Manager Coudriet reported that the County was presented the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for the FY 2014 Comprehensive Annual Financial Report. This is the thirty-fourth consecutive year that the County has achieved this prestigious award. On behalf of the Board, Chairman Barfield presented the certificate to Chief Financial Officer Lisa Wurtzbacher and Assistant Finance Officer Jennifer Maready and congratulated them in the achievement. Ms. Wurtzbacher thanked her staff for their dedication and hard work that goes into the financial report. THE BLUE RIBBON COMMISSION ON THE PREVENTION OF YOUTH VIOLENCE UPDATE Executive Director Jana Jones Halls of the Blue Ribbon Commission (BRC) presented an update on the Blue Ribbon Commission on the Prevention of Youth Violence highlighting the following:  Mission: Building a community where youth are safe, healthy, educated, and successful – now.  The Youth Enrichment Zone (Y.E.Z.) is a fourteen block area between Market and Nixon Streets and Fourth and Fourteenth Streets  D.C. Virgo Preparatory Academy reopened in 2012  Overview of BRC Focus Areas and Goals:  Health Goals:  Increase opportunities for health and wellness among youth in the Y.E.Z.:  Portia Hines Park used for physical activities - soccer team, yoga, etc.  Work to eliminate food insecurity among youth in the Y.E.Z.  Safety Goals:  Create a safe environment where Y.E.Z. youth can prosper  Provide year-round access to nonviolent activities  Build neighborhood confidence – community council  Academic Success Goals:  Develop a Youth Council in the Y.E.Z.  Improve student performance and narrow the achievement gap  Provide all youth in the Y.E.Z. access to all educational/career options  Y.E.Z. Summer Initiative 2014 Results:  65 Scholars enrolled  6th and 7th Grades served  130 Total hours of summer learning  91% Average daily attendance  +2 Average grade-equivalent reading gain, in months for all scholars  +2.4 Average grade-equivalent math gain in underperforming scholars  96% Teachers reporting that scholars increased their self-confidence  100% Parents reporting that scholars enjoyed their summer learning experience  93% Parents reporting increased involvement in their scholar’s education  Y.E.Z. Summer Initiative 2015:  5 Week program June 29th-July 31st Monday-Fridays  60 Rising 6th and 7th grade students from the Y.E.Z. and Creekwood Area at D.C. Virgo  20 Rising 9th grade students from the Y.E.Z. and Creekwood Area at New Hanover High School  Goal: To provide low-income, at-risk youth from the Y.E.Z. with access to a summer program that includes academically and culturally enriching activities that offer alternatives to youth violence while working to eliminate summer learning loss  Y.E.Z. Summer Initiative Collaborative Partners:  Job Shadowing: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 358  NHRMC  Tech Mountain at Castle Branch  Verizon  Enrichment/Leadership:  Coastal Horizons - Project Venture  DREAMS of Wilmington  Kids Making It  Wilmington Health Access for Teens  UNCW  Communities In Schools  Yoga Village  NHC Ability Garden In conclusion, Ms. Hall thanked the County for its support of the Blue Ribbon Commission and the opportunity to continue to serve the children in the Youth Empowerment Zone. Chairman Barfield thanked Ms. Hall for the update, congratulated her on the achievements of the program, and recognized, in particular, the success of the BELL Program – Building Educated Leaders for Life. NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL ANNUAL UPDATE Judge Jay H. Corpening II, Chairman of the Juvenile Crime Prevention Council (JCPC), presented the annual update highlighting the following:  Strategy: To develop a community-focused, research-based approach to treating the needs of juveniles at risk of delinquency by providing funds for treatment, counseling or rehabilitation for juveniles and their families.  Teen/Youth Court:  Designed to reach young offenders at a crucial time by giving them a second chance and allowing the court system to focus on offenders that are more serious:  Educate young people about the legal system  Managed by Shelia Evans  Students served from July 1, 2014 to June 30, 2015 = 73 with the following referrals:  7 District Court  1 Department of Juvenile Justice  9 Wilmington Police Department  47 School Resource Officers (serves families more quickly and keeps referrals from DJJ)  Results: 56 Successful, 5 Satisfactory, 3 Unsuccessful  Ages Served:  10-13 year olds: 19  14-17 year olds: 45  291 student volunteers attended Teen Court with a total of 1,674 hours  Youth Empowerment Services:  Psychological Assessment and Counseling Program served 128 youth and families FY 2014-15  Provides court referred youth and families with individualized and timely behavioral health assessments aimed at identifying and facilitating appropriate treatment needs to reduce targeted delinquent behaviors, improve family functioning and ultimately reduce recidivism  Managed by Chris Preston, Community Justice Services, Youth Empowerment Services Division  Community Service and Restitution Program:  Goal: To facilitate juveniles in completing their court ordered or court diverted obligations successfully in a safe and structured environment that includes teaching, modeling and encouraging positive civic involvement and social responsibility while giving back to the community via a service-learning model  Served 234 youth during FY 2014-15  Provides individualized skill development:  Basic job skill development modeling appropriate social interactions  Development of time management skills  AMIkids North Carolina Family Services:  Established non-profit serving seven states for over 40 years  Contracted services to provide evidenced based model of Functional Family Therapy to families:  Level 1: youth on probation (medium risks or needs)  Level 2: post release supervision status  Business Manager Lindsey Hanes  Past four years 80% favorable discharge rate with families served:  Recognizable progress with goals, completed terms of probation, or no new violations while in treatment  High achievement rate due to highly effective staff engaging resistant families, full family members’ participation, and presenting skills to match the varying cultural and economic statuses of the communities  Referring one youth to program saves over $100,000 for the community: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 359  Family learns to manage crisis instead of using emergency services, detention centers, hospitalizations, and Medicaid Services On behalf of the Board, Chairman Barfield thanked Judge Corpening for the update and his service to the community. CAPE FEAR MUSEUM ADVISORY BOARD ANNUAL UPDATE Cape Fear Museum Advisory Board Chairman Stuart Borrett presented the annual update for the Cape Fear Museum highlighting the following:  Mission: Cape Fear Museum collects, preserves, and interprets objects relating to the history, science, and cultures of the Lower Cape Fear. The Museum makes those objects and their interpretation available to the public through educational exhibitions and programs.  Visitation:  FY 2014-15 attendance: 40,680 people (up 7% over last year)  NHC Free Sunday: 3,100 people (up 15%)  Website Visitors: 49,330 (80% first timers!)  Education and Public Programs:  Served more than 16,000 school-aged youth  Field trips, outreach, summer programs  People of the Past: All NHC 4th Graders  Forces in Motion: All NHC 1st Graders  Collections:  Collecting since 1898 – more than 52,000 objects  Assisted 101 citizens with research  Shared 640 photographs  Exhibits:  Make It Work (science and history)  Reflections in Black and White  Outdoor Learning Environment:  Intersections of Land, Water, and People  Opening September 25, 2015  Free family day in the park on September 26, 2015  2014-15 Fundraising Achievements = $145,056 for additional programs:  Grants: $57,875 (40%)  Associates: $32,480 (22%)  Board Gifts: $30,829 (21%)  Special Events: $18,731 (13%)  Individuals: $4,141 (3%)  Corporate: $1,000 (1%)  Summary:  Increasing visitation  Adding new exhibits and learning programs  Gaining support from private sector  Looking to the future – developing a strategic plan The Commissioners thanked Mr. Borrett for the update and congratulated the Museum Advisory Board and staff on a very successful year. Commissioner White requested that the advisory board showcase more of the area’s history of the Revolutionary War, the Confederacy, and southern history within the museum when opportunities arise. APPROVAL OF AMENDMENT 2 TO THE INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY (CFPUA) REGARDING MARQUIS HILLS AND HERITAGE PARK SEWER EXTENSION PROJECTS Chief Financial Officer Lisa Wurtzbacher provided the following information on Marquis Hills and Heritage Park Septic to Sewer Projects highlighting the following:  Project History:  September 2013: Capital project ordinance and budget adopted in the amount of $16.9 million  October 2013: Interlocal agreement executed with CFPUA for $4.264 million, County’s portion of $12,698  November 2013: Clean Water State Revolving Fund loan accepted at $15.1 million  August 2014: Notice to proceed on projects  February 2015: Amendment to Interlocal agreement approved change to Marquis Hills project and gave some flexibility to CFPUA funding for the two projects  Interlocal Agreement Amendment:  Changes the County’s contribution to the loan amount approved by the State:  Approved loan amount of $15,106,542 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 360  Does not require a budget increase in capital project of $16.9 million  Current Project Cost Estimates: Marquis Hills Heritage Park Total Estimated Project Cost $10,559,586 $ 7,379,842 $17,939,428 Approved Loan Amount (9,380,783) (5,725,759) (15,106,542) Balance $ 1,178,803 $ 1,654,083 $ 2,832,886 CFPUA Contribution $ 4,264,000 County Engineer Jim Iannucci provided an update for each of the water and sewer projects:  Heritage Park Water and Sewer Projects:  Construction began in May 2014  Five change orders to date of $471,000  Anticipated paving cost of $200,000 to meet NCDOT standards  Expected completion date of November 2015  Marquis Hills Sewer Project:  Construction began April 2015  One change order to date for driveway pipes  Anticipated paving cost of $900,000 to meet NCDOT road standards  Expected completion date of October 13, 2016 Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner Zapple, to approve Amendment 2 to the interlocal agreement between the Cape Fear Public Utility Authority and the County for the Marquis Hills and Heritage Park water and sewer projects. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF PLANS FOR THE RENOVATION OF THE LIBRARY PARK ADJACENT TO THE MAIN LIBRARY Assistant County Manager Tim Burgess reported that as part of the 2006 Parks Bond Referendum, renovations are planned to transform the current space of the Carolina Courtyard into an interactive learning environment capable of supporting library programs as well as opportunities for self-directed learning and exploration. The project will be ready to go out for bid in late October and should be completed in time to highlight the Library’s Summer Reading Club activities scheduled for mid-June. Lauren Dickson, landscape architect with OBS Landscape Architects, presented the final concept of the Carolina Courtyard highlighting the following:  Project Goals:  Early Childhood Literacy: space for a protected environment for interactive learning and an alternative venue for children’s programs  Childhood Obesity: space for children and families to enjoy outdoor play  Program:  Project Budget: $290,000  Children’s space for Library programs to extend outside  Public space for different user groups  Reinforce the Library entrance  Increase visibility throughout site  Process:  Conducted an on-site analysis  Held two design charrettes with Library staff, City of Wilmington staff, County Parks and Recreation staff, Property Management staff, County Manager’s office staff, and adjacent property owners  Developed four concepts for review  Received feedback and developed final concept  Concept reviewed with the City of Wilmington Technical Review Committee  On track to complete construction documents before the end of 2015  Begin Construction Spring 2016  Construction complete Summer 2016  Final Concept:  Flattens the site to level of parking deck  Improves visibility and relationship to entrances  Removes existing brick walls along the streets to open up space  Creates flexible open space for Library programs  Creates multiple layers throughout the site  Includes demonstration gardens to contribute to the Library’s education programs  Accommodates sustainable features  Does not increase impervious surface  City staff suggested including a bike corral on Chestnut Street NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 361 In response to concerns of loitering on the site, Ms. Dickson explained that opening up the site and activating the space for other uses and user groups would change the character of the site. The plans call for removing the fountain from the front door area and moving the seating to the outside borders adjacent to the streets, which would limit the number of people gathered at the front entrance and would improve safety concerns. Library Director Harry Tuchmayer explained that by making the site more active and usable, the proposed plan should limit the loitering. Library staff is planning many activities for children to use the space. Opening up the space will provide a more secure environment for those using the parking deck and attending night activities at Thalian Hall and to other locations in the downtown area. Furthermore, the plan is more conducive for office workers to come to the park for lunch or breaks. Smoking will not be allowed in the park. In response to questions concerning funding from the bond referendum, Director Tuchmayer said that $500,000 was committed to the Library; however, some of the funds were transferred to other County projects. The Library Park will receive $150,000 from the bond proceeds. With fundraising activities and committed book sales, private funds should raise the remainder of the $300,000 project. Chairman Barfield thanked staff and Ms. Dickson for the presentation. PUBLIC HEARING AND CONSIDERATION OF A TEXT AMENDMENT TO THE ZONING ORDINANCE AS REQUESTED BY GREG HEAFNER ON BEHALF OF OXFORD HOUSE, INC. TO AMEND SECTION 23, DEFINITIONS, TO DEFINE DISABLED PERSONS AND GROUP HOMES AND SECTION 50, TABLE OF PERMITTED USES, TO PERMIT THE USE BY RIGHT IN THE PD, R-20S, R-20, R-15, R-10, R-7, AR, AND RA ZONING DISTRICTS (A-421, 4/15) Chairman Barfield opened the public hearing and requested staff to make the presentation. Current Planning and Zoning Supervisor Ben Andrea reported that the amendment request originated because of a reported zoning violation complaint of up to eight people sharing a single-family residence in the unincorporated county chartered under the Oxford House, Inc. Zoning Staff advised the petitioner that they could either 1) move out of the home, 2) bring the house into compliance, or 3) petition for an amendment to the zoning ordinance to permit the use. The petitioner requested a text amendment for a nonconforming situation of eight unrelated disabled persons living together in a single-family residence. Currently a residential care facility is defined as a home with support and supervisory personnel that provides room and board, personal care and rehab services in a family environment for not more than six resident handicapped persons. These types of facilities cannot be located any closer than 2,000 feet from each other and residential care homes are currently allowed in all residential zoning districts as well as the O&I, Office and Institutional District. The Zoning Ordinance requires accommodation for these types of uses based on NC General Statutes (NCGS) 168.22 that states a family care home shall be considered a residential use of property and shall be permitted in residential zoning districts. NCGS 168.21 defines a family care home similar to the County's definition for residential care facility as a home with support and supervisory personnel and not more than six persons with disabilities. The statute defines recovering substance abuse patients or recovering alcoholics as persons with disabilities. Sex offenders are not a protected class under Fair Housing Laws. Other protected classes under the Fair Housing Act include race, color, religion, sex, familial status including having children or being pregnant, national origin or mental or physical disability. The petitioner is requesting to amend the zoning ordinance to create a new use defined as “Group Homes” and allow the use by right in all residential zoning districts. The amendment request was initiated in response to a determination that an arrangement for up to eight unrelated persons accommodated in an existing Oxford House within the County’s zoning jurisdiction is not compliant with the zoning regulations. An Oxford House is a recovery home concept that offers residence to an average of eight persons who are recovering substance abusers or recovering alcoholics. No treatment, counseling, therapy, or any type of health care services are provided, and the residents of the home are considered the functionally equivalent of a family. The applicant proposes the following text amendments: Section 23: Definitions:  Disabled Persons – Individuals with disabilities, including individuals recovering from alcoholism and/or drug addiction, who are protected by either the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS Chapter 168, Article 3, as each may be amended.  Group Home – A home in which up to eight (8) Disabled Persons live together as a self-supporting and self-sufficient household unit, without any in-home services or outside assistance. Group Homes must register with the County and shall be at least one-quarter mile from each other. Section 50: Establishment of Use District; Table of Permitted Uses: Add Group Homes as a permitted use in all residential zoning districts of PD, R-20S, R-20, R-15, R-10, R - 7, AR and RA. The petitioner’s original proposal was presented to the Planning Board at their April 2, 2015 meeting. Staff recommended denial as written and the Planning Board tabled the item to discuss at its May 15, 2015 quarterly work session. At the work session, staff presented an amended version introducing additional supplemental regulations for the use and a Special Exception process through which a reasonable accommodation under the Federal Fair Housing Act could be sought from the Board of Adjustment in a manner similar to a variance request. The Planning Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 362 was supportive of staff’s revised version, but some members indicated a desire for language that correlated the number of people permitted in a residence with the number of bedrooms in the structure, the floor area, the tax parcel area, or a combination thereof. Staff’s recommended version based on discussion at the work session was approved 5 to 1 at the June 4, 2015 Planning Board meeting. The dissenting vote was from a member who felt that eight residents should be permitted in a group home by right if certain circumstances were met. Staff and Planning Board recommended the following revisions to the petitioner’s proposal for Section 23: Definitions as underlined or strikethrough:  Disabled Persons – Individuals with disabilities, including individuals recovering from alcoholism and/or drug addiction, who are protected by either the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS Chapter 168, Article 3, as each may be amended.  Group Home – A home in which up to eight (8) more than three (3) unrelated Disabled Persons live together as a self-supporting and self-sufficient household unit, without any in-home services or outside assistance. Group Homes must register with the County and shall be at least one-quarter mile from each other. In addition, staff recommends creating a new section for supplemental regulations for group homes as follows: Section 63.11: Group Homes: Group homes shall be permitted in accordance with the table of permitted uses in Section 50 and the following standards: 1. Group homes shall be limited to six (6) Disabled Persons living together as a self-supporting and self- sufficient household unit. 2. No group homes shall be occupied or operated without zoning approval. 3. Parking shall be provided in accordance with Article VIII: Off-Street Parking and Loading. 4. Group homes shall not be located closer than 2,000 feet to any other existing group home or family care home measured by a straight line from the nearest property lines. 5. With respect to the distance between the proposed use and the existing, permitted uses described in subsection 4 above, the distance shall be reduced by the right-of-way of a major thoroughfare exceeding one hundred (100) feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. 6. Special Exceptions: a. Applicability. The Board of Adjustment is authorized to grant special exceptions for the special circumstances set forth in this section to allow for a reasonable accommodation under the Federal Fair Housing Act. b. Application. An application for a special exception under this section shall be submitted to the Board of Adjustment by filing a copy of the application with the Planning Director or their designee. No filing fee shall be required for such application. c. Approval process. The procedures set forth in Section 121-3 for variances and appeals shall apply to Staff Review and Report, Public Hearing Notice and Action of the Board of Adjustment. d. Approval criteria. The Board of Adjustment shall grant a special exception to any provision of this ordinance as a reasonable accommodation under the Federal Fair Housing Act if the Board finds by the greater weight of the evidence that the proposed special exception is: i. "Reasonable." An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing zoning regulations, and if it will not impose significant financial and administrative burdens upon the County and/or constitute a substantial of fundamental alteration of the County’s ordinance provisions; and ii. "Necessary." An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap, and would afford handicapped or disabled persons equal opportunity to enjoy and use housing in residential districts in the County. Section 81: Minimum Parking Standards: Group Home Required Off-Street Parking: No more than 2 plus 1 per 4 beds and 1 per supervisor Staff concludes that the text amendment would be consistent with the intent of Policy 5.7 of the 2006 Wilmington-New Hanover County CAMA Land Use Plan, which states: Preserve the character of the area’s existing residential neighborhoods and quality of life. The recommended language creates a new use for “group homes” that are similar to the existing ordinance use of “Residential Care Facilities,” although variably different enough to warrant their own definition and supplemental standards. The new language would allow up to three unrelated persons with certain special needs to maintain a residential dwelling together, similar to the six currently permitted with the Residential Care Facilities definition. However, the recommended language also provides an opportunity for a group home provider to seek special exceptions for additional residents or other waivers from the requirements of Section 63.11 through a process heard by the Board of Adjustment by demonstrating that the special exception request is reasonable and necessary. Furthermore, staff suggests that the recommended language is supportive of Policy 17.2 and particularly Implementation Strategy 17.2.4: Policy 17.2 – Cooperate with non-profit organizations to ensure an adequate supply of housing for special needs, the elderly, and the disabled. Implementation Strategy 17.2.4 – Modify zoning regulations where appropriate to encourage housing populations with special needs such as the elderly and disabled. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 363 In conclusion, Mr. Andrea noted that the proposed process is almost identical to language used in the Town of Garner, NC ordinance that was part of a judgment in a lawsuit filed against them by the Oxford House. The special exception process would be submitted as a variance and heard by the County's Board of Adjustment, who would be tasked with weighing the evidence to determine whether the request is reasonable and necessary. The recommended language would provide for new housing opportunities for persons with special needs to maintain a dwelling unit without a resident supervisor, while ensuring that the impact of new group homes would be minimal to existing residential communities. He further noted that the Wilmington Regional Association of Realtors provided a packet of information in support of the Planning Board’s recommendation that would bring the County’s ordinance into compliance with the Federal Fair Housing Act and accommodate the need for group homes in the community. Chairman Barfield requested the petitioner to present his case. Greg Heafner, attorney on behalf of Oxford House, Inc. and resident of Chapel Hill, NC, requested the Commissioners to approve the text amendment amending Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by right in the PD, R-20S, R-20, R-15, R- 10, R-7, AR, and RA Zoning Districts. He referenced a letter written to the County Planning and Inspections Department dated December 23, 2014, explaining that Oxford House is a non-profit organization that operates self- run and self-supporting home-concept homes for recovering alcoholics or drug addicts with no outside funding for the home. A brief history of the organization was given reporting that the program provides homes for either a group of men or a group of women to live together and pay their own rent and utilities divided among the number living in the home. They do not pay dues to any organization and they are fully supporting and fully autonomous. Although the homes are democratic in its operation, Oxford House provides a manual for residents. The home at 110 Lansdowne Road is a 2,500 square foot, single-family detached home with five bedrooms and three and a half baths in a nice residential community. After the next-door neighbor complained to the County, a zoning enforcement officer investigated and contacted Oxford House. In his letter, Mr. Heafner requested the County to give Oxford House a reasonable accommodation under the Federal Fair Housing Act. The County responded that Oxford House had three options of either moving, reducing the number of people to no more than three unrelated individuals, become a family care home, which requires a state license and supervisory personnel, or seek a text amendment for the current use. Mr. Heafner requested the Commissioners to approve the text amendment as petitioned for eight residents, which is the average number of residents in an Oxford House. Recovering alcoholics and drug addicts are a protected class under the Fair Housing Act for persons with disabilities and reasonable accommodation must be provided. Staff’s recommendation of six residents would not allow the eight women to remain in the home and receive the benefit of women recovering from alcoholism. As many people do not want recovering alcoholics living next door to them, Oxford House relies on the Fair Housing Act that requires county governments to have ordinances to accommodate the Oxford House model. Reasonable accommodation under federal law is that there is no administrative or financial burden on the County and it does not fundamentally alter the zoning scheme. Mr. Heafner asked the Board to decide whether the residents have been accommodated to live at 110 Lansdowne Road. No assertion has been made that any financial cost or administrative burden has been placed on the County if Oxford House is allowed to stay at that location. The County allows family care homes with up to six people plus one resident supervisory personnel for a total of seven people in any residential neighborhood. He gave the opinion that one extra person would not impact the zoning scheme and that a text amendment is general to the whole county and is not a reasonable accommodation with federal law. The County should look at case-by-case basis for the applicant. Oxford House complied with staff’s suggestion and submitted a petition for a text amendment; however, he did not believe that process complied with federal law for case specific accommodation. Kurtis Taylor, a person in long-term recovery and the outreach and reentry coordinator for Oxford House, Inc. of Chapel Hill, NC, stated that he currently serves as the Chairpersons for the NC Substance Use Disorder Federation, the Alcohol and Drug Council for North Carolina, and the NC Consumer and Family Advisory Committee. He reported that the Oxford House concept is 40 years old and is registered on the federal government's Substance Abuse and Mental Health Services Administration as an evidence based best practice for a recovery home. He explained the hierarchy of six elected officers for each self-rule home and that the number of residents in a home works best with eight to twelve people. Furthermore, the financial necessity calls for at least eight members to share the rental cost, utilities and other household expenses and that it would be more burdensome to have just six people splitting the expenses. One of the women at the Lansdowne home has three jobs to pay her equal share of the expenses; some of the women are students. The financial burden of six residents ultimately would force the house to shut down. Without the group support, some of the young women may relapse back into their addiction or become homeless. If accommodated, the women will have a safe and stable living environment and continue to stay in recovery. As a certified substance abuse counselor, he was taught that the ideal number for any type of group therapy, the best group experience comes from having eight to twelve participants. Chairman Barfield reported that one person had signed up to speak in opposition of the petitioner’s request and in support of staff’s recommendation. Shane Johnson, Wilmington Regional Association of Realtors (WRAR), spoke in opposition of the proposal submitted by Oxford House, but supported staff’s recommendation. Although the association agrees with the need of Oxford Houses in the community and is very familiar with and supports the Federal Fair Housing Act, the WRAR supports the Planning Board’s recommendation of six disabled persons living together as a reasonable accommodation for group homes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 364 Chairman Barfield offered the petitioner a time for rebuttal; however, Mr. Heafner declined. Chairman Barfield opened the floor for questions from the Board. Regarding whether individuals in an Oxford House receive any type subsidy or financial assistance, Mr. Heafner responded that the umbrella organization does not provide assistance, but a geographical chapter of Oxford Houses may lend money to one of the other fellow houses when in need of assistance. Currently three Oxford Houses are located within the City and one in the unincorporated area. In regards to whether the proposed text amendment would be within the requirements and guidelines of the Fair Housing laws, Deputy County Attorney Sharon Huffman advised that the Federal Fair Housing Act requires the County provide a process for a reasonable accommodation and staff’s recommendation provides that process. However, no court decision has provided a specific number of disabled persons allowed by right. Most cities in the State may have up to eight disabled persons permitted by right. In conversations with the Planning Board and others in the State, staff determined that six should be permitted by right in all residential areas and then provide a process for any reasonable accommodation request to the Board of Adjustment. Oxford House established a group home in Garner, NC that violated the town’s ordinance and they were told to move. The Department of Justice, along with Oxford House, sued the Town of Garner; and for five years after the lawsuit, the town had to go through extensive training and reporting on how they were administering the Fair Housing Act. In her discussions with the private attorney who represented the Town of Garner and the town attorney, staff’s recommended ordinance mirrors the text amendment for the Town of Garner. The court order for the lawsuit settlement decided by a federal judge included the text amendment. Both parties agreed to the consent order with the federal judge signing the order. The lawyer working the case agreed that based on his experience the recommended text amendment should comply with the requirements of the Fair Housing laws. When questioned on how the homes are monitored for compliance with recovery, Mr. Taylor responded that Oxford House keeps statistical records of monthly reports that are submitted to the State on the numbers of relapse cases, vacancy rates, and similar data. Curfew and drug testing are a requirement for every Oxford House in the State. However, there are three conditions for a chartered house: the house must immediately expel any person that returns to using any substance; the house must be democratically self-run; and the house must be financially self-supporting. Commissioner Zapple commented that as the community grows so does the need for these type facilities. The petitioner’s amendment is really a specialized regulation that addresses the specific needs of the Oxford House business and would not allow the County to review other reasonable accommodation requests on a case-by-case basis. He did not believe that the County’s regulations should be based on one business model for a very specific business and asked Mr. Heafner to explain his reasoning. Mr. Heafner explained that the proposed zoning text amendment is not an accommodation for Oxford House and it is not case specific to the applicant but to everybody in the community. In regards to the lawsuit with the Town of Garner, he prosecuted the lawsuit on behalf of Oxford House. The board of adjustment heard and denied Oxford House’s request for a group home for eight women. Oxford House filed a HUD complaint and a lawsuit was filed by the Department of Justice. The town was ordered to allow eight people in the Oxford House and the ordinance was amended to allow six by right. He concluded that the Garner ordinance has not been tested because they permitted the home for eight and amended the ordinance, which was not applicable to Oxford House. With the home in Lansdowne, Oxford House asked for reasonable accommodation for the eight women and the only feasible option was to request a text amendment. He contended that the text amendment process is not a reasonable accommodation because it is not case specific. Amending the ordinance does not approve the request for a group home in Lansdowne; the home may be too close to another family care home or there could be two or three other exceptions that the board of adjustment must consider. Going through the process for the text amendment does not solve the issue for Oxford House and that is not their responsibility to fix the County’s ordinances, but to accommodate that one house. Six women living in the house on Lansdowne Road would not be able to pay the rent and expenses and the house would have to close. The women in recovery need to have the rapport with other members for a successful recovery. Commissioner Zapple raised concern about the average number of crimes committed by residents of the Oxford House based on a report provided by the WRAR. He was concerned about allowing a large number of unrelated people living in a home and believed the number should be less than eight, and he did not want the County locked into something that it would regret. Mr. Heafner responded that a study by DePaul University was included in the packet and countered WRAR’s argument of diminished home values and increased crime. Deputy County Attorney Huffman surmised that the County could not simply agree to the eight women living in the house as a reasonable accommodation and not change the ordinance. Staff believed that this was the beginning of this type of issue and thought it best to prepare an ordinance. The County notified Oxford House that it was not going to enforce the violation until after going through the process and they have operated for ten months in violation of the ordinance. In making the decision, four public hearings were held to discuss this issue. The City of Wilmington studied the issue for about 18 months, with many public hearings and two lawsuits. Oxford House could have filed a lawsuit prior to making the petition and argued that they had exhausted their administrative remedies for nine months and ask for a reasonable accommodation from the court. They filed a lawsuit against the Town of Garner when the request for a reasonable accommodation was not granted. The court ordered the town to allow up to eight in the group home and attached a text amendment to the consent order. In the Lansdowne case, the court might rule that they would not have to go through the process of the board of adjustment to exhaust their administrative remedies. She believed that Mr. Heafner would suggest his client follow the board of adjustment process for the variance. If they do not get a variance, they would most likely file a lawsuit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 365 In response to questions about the structural requirements of an Oxford House, Mr. Heafner explained that they normally try to find large houses with four or more bedrooms. Two people are assigned to a bedroom for accountability purposes. It is important for the homes to be located near public transportation routes, as most residents cannot afford a car and insurance, and they must have access to jobs, grocery stores and Alcoholic Anonymous meetings. In discussion of other group homes in the community, Mr. Heafner noted that the City may have a hundred group homes, but only three are Oxford Houses and they accommodate six, seven, and eight residents. Commissioner Dawson stated that she agreed with Section 63.11 Group Homes Standard 4 that a group home should not be located closer than 2,000 feet to any other existing group home, and suggested to include language that the city or town limits should not interrupt that measurement of 2,000 feet. Commissioner Watkins expressed concern that the business model for Oxford House seemed to be to establish a group home without compliance with the zoning regulations and then get approval through the Federal Fair Housing Act. Mr. Heafner responded that does not occur and explained that no definition for a group home was in the County’s ordinance. When regulations exist for group homes, Oxford House complies with the regulations. He believed that it was not a reasonable accommodation to expect Oxford House to petition for an ordinance. Commissioner Watkins asked Mr. Heafner if Oxford House was aware of the ordinance that only allows three nonfamily members to live in the same house. Mr. Heafner responded that he would not be able to respond for the people who established the home in Lansdowne. Furthermore, the definition of family in the ordinance would not apply to the group home, which is the reason staff is requesting an amendment to the ordinance Motion : Commissioner White MOVED, SECONDED by Commissioner Watkins, to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. In further discussion, the Commissioners made the following comments: Commissioner Zapple said that although he understood and supported the presence of group homes in the community, he was concerned that group homes with more than six residents would negatively impact a neighborhood and especially adjacent neighbors. Based on the crime activity survey included in the agenda package from WRAR, the average participant was charged with a crime 9.9 times over a long period. The fact that many living in group homes have had significant trouble with the law caused him to question having more than six unrelated people living in a house together. Chairman Barfield said that those in recovery would not be committing crimes but trying to get on the right path. The group homes provide individuals with sustained housing and a place where they could learn and help each other. He personally would not be able to tell two women that they would have to move out of the home. Commissioner White noted that he has represented many people with alcohol and drug addiction problems over the years and there is always a positive outcome when his clients have been in a group home environment. Those in recovery can choose to live in a group home that is self-supportive and get help with their struggle with addiction or they will live without support, commit more crimes and have more recidivism than otherwise. The County will need to address group homes whether at this time or later. He believed that Mr. Heafner and Mr. Taylor would make a compelling case to the board of adjustment and receive a variance for the eight women as long as it is consistent and balances the interest of others. Nevertheless, he was hesitant to change staff’s recommendation from six to eight. In the future, someone may make a compelling argument before the board of adjustment for a group home of twelve or more depending on the size of the house and they should make their case. He agreed that Oxford House is not a business but sustained housing. Motion : Commissioner White MOVED, SECONDED by Commissioner Zapple, to approve the zoning ordinance text amendment as presented under the staff’s recommendation, as the Board of Commissioners finds that this amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan Policies 5.7 and 17.2 because the amendment preserves the character of existing residential areas while broadening the opportunities for housing supply for the County’s residents with special needs or disabilities. 2. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities. Vice-Chairman Dawson offered the following substitute motion. Substitute Motion: Vice-Chairman Dawson MOVED, SECONDED by Chairman Barfield, to approve the zoning ordinance text amendment as presented under the staff’s recommendation, and change Section 63.11 Standard 1 to read “group homes shall be allowed up to eight disabled persons living together as a self-supporting and self-sufficient household unit” and change Standard 4 to read “group homes shall not be located closer than 2,000 feet to any other existing group home measured by straight line from the nearest property line and not interrupted by municipal boundary limits.” Upon vote, the MOTION FAILED 2 TO 3. Commissioners Watkins, White, and Zapple voted in opposition. Chairman Barfield called for a vote on the original motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 366 Motion : Commissioner White MOVED, SECONDED by Commissioner Zapple, to approve the zoning ordinance text amendment as presented under the staff’s recommendation, as the Board of Commissioners finds that this amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan Policies 5.7 and 17.2 because the amendment preserves the character of existing residential areas while broadening the opportunities for housing supply for the County’s residents with special needs or disabilities. 2. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities. Upon vote, the MOTION CARRIED 3 TO 2. Chairman Barfield and Vice-Chairman Dawson voted in opposition. BREAK : Chairman Barfield called a break from 7:26 p.m. until 7:40 p.m. POSTPONEMENT OF PUBLIC HEARING ON THE NEW HANOVER COUNTY COMPREHENSIVE PLAN - CHAPTER 3: FRAMING THE POLICY OF THE COMPREHENSIVE LAND USE PLAN Chairman Barfield announced that the public hearing for the Comprehensive Plan has been tabled until the next Board meeting on September 14, 2015. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS ON BEHALF OF THE KRUEGER FAMILY TRUST, PROPERTY OWNER, AND STEPHEN FASUL, CONTRACT PURCHASER, TO REZONE 3.15 ACRES LOCATED AT 7755 MARKET STREET FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, TO DEVELOP A MINI-WAREHOUSE USE (Z-942, 7/15) Chairman Barfield opened the public hearing and requested staff to make the presentation. Current Planner Brad Schuler presented the request submitted by Cindee Wolf of Design Solutions on behalf of the Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, to rezone 3.15 acres located at 7755 Market Street from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, to develop a mini-warehouse use and presented a slide overview of the request. The conditional rezoning application proposes to rezone 3.15 acres in order to develop a mini-warehouse use. A conceptual site plan was provided as part of the application and conditions above and beyond the requirements of the zoning ordinance may be added to the district with the applicant’s agreement. Four indoor climate controlled storage buildings and one office building are planned for the property. The site and surrounding area are classified as Transition according to the 2006 CAMA Land Use Plan. The surrounding area includes a mixture of zoning districts including B-2, O and I, R-15, and R-10. Surrounding land uses include single-family and multi-family residential, general office and retail, and warehousing uses. The property is undeveloped, currently wooded and may contain wetlands and areas regulated by the Conservation Overlay District. These features would need to be delineated on the final site plan prior to development. The property has frontage along Market Street. This proposed use is consistent with the current draft of the County's new Comprehensive Plan. The plan currently classifies the property as Community Mixed Use, which allows for a mixture of uses and high-density developments. The zoning ordinance states that the purpose of the B-2 Highway Business district is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. Principle means of ingress and egress should be along collector roads, minor arterials, and/or major arterials as designated on the County’s Thoroughfare Classification Plan. Mini-warehouse uses are permitted by right within the B-2 zoning district. The property may contain a natural pond, which is subject to the Conservation Overlay District standards. The applicant has worked with the Corps of Engineers and an environmental consultant. The Corps has made preliminary findings that the pond is non-jurisdictional and the consultant has given the opinion that the pond is manmade, probably a barrow pit or a livestock watering pond, and that the Conservation Overlay District standards do not apply. Staff concludes that the request is consistent with the requirements of the zoning ordinance and the 2006 Wilmington-New Hanover County CAMA Land Use Plan. Specifically, the property is adjacent to a commercial node along Market Street, supporting Policy 4.3 of the CAMA Land Use Plan. Staff recommends approval of the request with the following conditions: 1. The existing vegetation must be preserved within the rear 25-foot bufferyard to the maximum extent practicable. 2. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. At their July 9, 2015 meeting, the Planning Board voted 7-0 to recommend approval of the application with the two conditions. One person spoke in opposition, citing concerns over exterior lighting, noise, hours of operation, privacy, the environment, and the resale value of his property. A community meeting was held on June 8, 2015 in accordance with the requirements for an application with six members of the public attending. Chairman Barfield stated that no one had signed up to speak in opposition to the request and invited the petitioner to make comments. Cindee Wolf, the petitioner representing the Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, presented the request for the mini-warehouse use and agreed to the recommended conditions. She reported that the logical use for the property is for business purposes based on traffic issues. Justification has been given that the pond was a manmade and is non-jurisdictional and can be filled in if desired. Neighbors were concerned NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 367 that the site may be the habitat for the pileated woodpecker, a protected species; however, the consultant provided evidenced that the woodpeckers on the site were not of a protected species. In response to concerns about lighting, Ms. Wolf responded that the applicant would comply with the requirements of the code. The normal condition of lighting is that no lighting should encroached over the property line. Chairman Barfield closed the Public Hearing and informed the petitioner that if a rezoning request is denied, a new application may only be submitted within twelve months of the denial if there is a substantial change in the original petition for rezoning. He asked whether the petitioner wanted to continue the application to a future meeting or to proceed with the Board deciding whether to grant or deny the application. Ms. Wolf requested the Board to proceed with the decision. Chairman Barfield requested direction from the Board. Motion : Commissioner Watkins MOVED, SECONDED by Vice-Chairman Dawson to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R-15, Residential District, to (CZD) B-2, Conditional Highway Business Zoning District as described is: 1.) Consistent with the purposes and intent of the “Transition” land use classification in the 2006 CAMA Land Use Plan because the “Transition” classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non-residential uses; and 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas with the following conditions: 1.) The existing vegetation must be preserved within the rear 25 foot bufferyard to the maximum extent practicable; and 2.) The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. 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 a part of the minutes and is contained in Zoning Book I, Section 5, Page 72. RECONSIDERATION OF REQUEST FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE BY GREG HEAFNER ON BEHALF OF OXFORD HOUSE, INC. TO AMEND SECTION 23, DEFINITIONS, TO DEFINE DISABLED PERSONS AND GROUP HOMES AND SECTION 50, TABLE OF PERMITTED USES, TO PERMIT THE USE BY RIGHT IN THE PD, R-20S, R-20, R-15, R-10, R-7, AR, AND RA ZONING DISTRICTS (A-421, 4/15) Commissioner White stated that Rule 18 (10) of the Board’s Rules and Procedures for Meetings allows the Board to reconsider an item at the same meeting where the original vote was taken and by a member who voted with the prevailing side. He requested the Board to reconsider Item 24 concerning the text amendment for group homes. Motion : Commissioner White MOVED, SECONDED by Vice-Chairman Dawson, to reconsider Item 24 for a Text Amendment to the Zoning Ordinance to Amend Section 23, Definitions, to Define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to Permit the Use By Right in the PD, R-20S, R-20, R-15, R-10, R-7, AR, and RA Zoning Districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner White asked whether a homeowners association’s covenant and restrictions would trump the Federal Fair Housing Act and Deputy County Attorney Huffman responded no to the question and explained that typically the Fair Housing Act does not apply to the sale of the residence meaning that the tenants could be subject to the homeowner selling it out from under them as long as it was not discriminatory in terms of the decision making. The covenant could limit the renting of any property but the Fair Housing Act would trump any covenant that restricted the rental to group homes. Chairman Barfield stated in his opinion as a Realtor, it would not be a case where an HOA could supersede the Federal Government. In discussion, Ms. Huffman reported some residential districts in the City of Wilmington have up to six in a group home, most residential districts are up to eight, and multi-family units may have up to twelve in a group home. In answer to why the City would place a size limit on some neighborhoods and not others, Current Planning and Zoning Manager Andrea reported the City has more zoning districts than the County with limits placed due to density correlation. In some areas, eight residents would not be a problem but could be in smaller more established areas and for that reason it is important not to lock in a specific number. Commissioner Zapple restated his position of favoring the base number remaining at six and the applicant given an opportunity to apply for a variance with the board of adjustment, which would allow the public to have a voice. Chairman Barfield responded that the public had an opportunity to attend and voice their positions as the meetings were well publicized. He noted that no one had signed up to speak during the public meeting and the petitioner was no longer present. Mr. Andrea stated the case before the Board was not specific to 110 Lansdowne Road and it is possible the community does not know the home exists or the possibility that the ordinance would be changing. Vice-Chairman Dawson expressed her position on the importance of evaluating the issues on a case-by-case basis. She applauded the different organizations that provide resources to those in recovery and believed there is a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 368 tremendous need for these organizations to be able to provide help without the difficulty of going through a lot of governmental agencies and committees. In response to the question whether a permit is required, Mr. Andrea reported in the proposed ordinance it states, “no group home shall be operated or occupied without zoning approval” also from page 7 of the Oxford House Manual, “The charter members who are looking for a suitable house should make certain that any perspective house can be occupied without violating the local zoning or health and safety laws.” Motion : Vice-Chairman Dawson MOVED, SECONDED by Commissioner White for discussion, to approve staff's recommendation as presented to Section 23, Definitions of Disabled Persons and Group Home; approve Section 50, Establishment of Use District of the Table of Permitted Uses, which adds group homes and indicates the zoning districts in which they are allowed by right; approve Section 63.1 of the Standards with the following two changes: Standard 1, a group home shall be limited to up to eight disabled persons living together as a self-supporting and self- sufficient household unit; and in Number 4 group homes shall not be located closer than 2,000 feet to any other existing group home measured by straight line from the nearest property line not to be affected by municipal boundaries. Chairman Barfield opened the floor for discussion. Commissioner White stated that he wanted to accommodate the eight women, but it may be best to confer with the City of Wilmington on their decision of allowing from six to twelve people in a group home. In the meantime, legal staff has concurred that no injunction would be attempted and the women would not be removed from the home. Discussion was held regarding the best way to proceed and County Attorney Copley advised either a motion to accept the text amendment or table the item until more information is provided. Commissioner Watkins stated he would defer to the majority of the Board, but he would like the record to show, he believes, that Oxford House established the group home illegally without regard to the Zoning Ordinance, and that action should not be rewarded. Chairman Barfield commented that the average person may not know to call Planning Staff on whether a use is allowed and he would not assume that someone violated a rule on purpose. Commissioner Zapple agreed to adding language to Standard 4, “not to be effected by municipal boundaries” and he remained uncertain on Standard 1. For that reason, he would be willing to hear additional information on the subject. The Commissioners discussed the need to make sure that the ordinance would address the concerns of the whole community and not just this one case in particular. They requested additional information about the City’s ordinance and said they may consider bringing the County’s ordinance more in line with the City ordinance. Vice-Chairman Dawson agreed to withdraw her motion. Motion : Commissioner White MOVED, SECONDED by Vice-Chairman Dawson, to table the item to allow staff sufficient time to review with staff of the City of Wilmington. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Adult Care Home Community Advisory Committee Chairman Barfield reported that a vacancy exists with one applicant eligible for reappointment. Motion : Chairman Barfield MOVED, SECONDED by Vice-Chairman Dawson, to reappoint Pamela Dismukes to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on August 31, 2018. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Library Advisory Board Chairman Barfield reported that three vacancies exist on the Library Advisory Board with two applicants eligible for reappointment and five additional applications available for consideration. Chairman Barfield requested nominations. Commissioner Zapple nominated Emilie F. Swearingen for reappointment. Commissioner Watkins nominated Denise Chadurjian for reappointment. Chairman Barfield nominated Jan Brewington for appointment. With no other nominations, Chairman Barfield called for a vote on the three nominations. Vote Results: The Board voted UNANIMOUSLY to reappoint Denise Chadurjian and Emilie F. Swearingen and to appoint Jan Brewington to serve three-year terms on the Library Advisory Board with the terms to expire August 31, 2018. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, AUGUST 17, 2015 PAGE 369 Appointment to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chairman Barfield reported that one vacancy exists on the Parks Conservancy Board of Directors with two applicants available for consideration. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Dawson, to appoint Richard E. Lawson to serve a three-year term on the Parks Conservancy of New Hanover County, Inc. Board of Directors with the term to expire on June 30, 2018. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Barfield reported that no one from the public had signed up to speak on non-agenda items. COUNTY MANAGER COMMENTS County Manager Coudriet reported that while the electronic and electrical equipment are being repaired and replaced at the regular meeting room, Board meetings would be held at the Government Center for the next two months. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 8:40 p.m. Respectfully submitted, Teresa P. Elmore 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 on-line at www.nhcgov.com.