2015-12-14 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 422
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, December 14,
2015, at 4:00 p.m. in the New Hanover County Courthouse, 24 North Third Street, 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
Chairman Barfield called for a moment of silent prayer for Wanda Coston, a faithful County employee for
30 years, who is in the hospital with a serious medical condition. Reverend Dena S. Bearl, St. Paul’s Episcopal
Church, provided the invocation and Commissioner Woody White led the audience in the Pledge of Allegiance to
the Flag.
ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR
Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Beth Dawson; Commissioner
Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple.
County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County
Commissioners for the ensuing year.
Commissioner Watkins nominated Commissioner White for Chairman of the Board of County
Commissioners. Commissioner White seconded the nomination.
Commissioner Barfield nominated Commissioner Dawson for Chairman of the Board of County
Commissioners. Commissioner Zapple seconded the nomination.
There being no further nominations, County Attorney Copley declared the nominations closed and called
for a vote on the nomination of Commissioner White.
Vote
: Commissioner White received two votes to serve as Chairman of the Board of Commissioners for the ensuing
year. Commissioners Watkins and White voted in favor.
County Attorney Copley called for a vote on the nomination of Commissioner Dawson.
Vote
: Commissioner Dawson received a majority of three votes to serve as Chairman of the New Hanover County
Board of Commissioners for the ensuing year. Commissioners Barfield, Dawson, and Zapple voted in favor.
County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of
County Commissioners for the ensuing year.
Commissioner Dawson nominated Commissioner Barfield to serve as Vice-Chairman of the Board of
County Commissioners for the ensuing year. Commissioner Zapple seconded the nomination.
There being no further nominations, County Attorney Copley declared the nominations closed and called
for a vote on the nominations.
Vote
: The Board voted 3 to 2 to elect Commissioner Barfield to serve as Vice-Chairman of the Board of
Commissioners for the ensuing year. The vote passed with Commissioners Barfield, Dawson, and Zapple voting in
favor.
Chairman Dawson thanked the Board for the opportunity to serve as Chairman.
BREAK
: Chairman Dawson called for a break from 4:07 p.m. until 4:25 p.m.
BOARD SEATED FOR 2015-2016
Members present were: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner
Skip Watkins; Commissioner Woody White; and Commissioner Rob Zapple.
APPROVAL OF CONSENT AGENDA
Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda. Hearing no comments, Chairman Dawson requested a motion to approve the Consent Agenda.
Motion
: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 423
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes of the Agenda Review Meeting of November 12, 2015 and the
Regular Meeting of November 16, 2015, as submitted by the Clerk to the Board.
Reappointment of DSS Director Michelle Winstead to Eastern Carolina Human Services Agency, Inc. Board
– Governing Body
The Commissioners reappointed DSS Director Michelle Winstead to the Eastern Carolina Human Services
Agency, Inc. for a term of one year as a member from the public sector representing low-income individuals.
Approval to Apply for a Grant from the Department of Justice for the Heroin Initiative Program – Sheriff’s
Office
The Commissioners authorized the Sheriff's Office to join the Brunswick County Sheriff's Office in
requesting a grant from the Department of Justice for the Heroin Initiative Program. If awarded, New Hanover
County Sheriff's Office would be the lead agency. The grant request of $194,870 would pay overtime for three
Sheriff detectives, various equipment, training and travel, educational awareness materials, etc. for one year, with a
possible extension.The County's portion would be $113,122 with Brunswick County receiving $81,748. No
County match is required. The goal of the Heroin Initiative Task Force is to reduce the number of heroin related
deaths, increase the number of drug arrests, and provide community outreach for public awareness programs.
Adoption of Resolution Approving the Purchase of Safariland Brand Second Chance Body Armor and
Accessories from Lawmen's Safety Supply – Sheriff’s Office
The Commissioners adopted a resolution approving the purchase of additional Safariland brand Second
Chance Body Armor and accessories for Sheriff operations. The purchase will be made in accordance with the
provisions of NCGS 143-129(e)(6)(ii), which exempts purchases of apparatus, supplies, materials, or equipment
when a needed product is available from only one source of supply and must be approved by the Board prior to the
award of the contract or issuance of purchase order. Funds for the purchase of 209 vests at a total cost of
approximately $112,000 are included in the Sheriff's budget.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.1.
Adoption of Resolution Awarding a Contract Purchase for a Mobile Track Storage System and Relocation of
Record Books to CW Warthen and Gregory Grier, Inc. – Register of Deeds Office
The Commissioners adopted a resolution awarding a contract purchase for a mobile track storage system
and relocation of record books to CW Warthen and Gregory Grier, Inc. in the amount of $209,972.22. CW Warthen
and Gregory Grier, Inc. was chosen due to their experience in relocating Register of Deeds offices, equipment
availability in 60 days, and ability for expansion to house additional books.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.2.
Adoption of Public Officials Bond Resolution – County Attorney
The Commissioners, pursuant to General Statute 58-72-70, adopted a resolution approving the Surety Bond
for the Chief Finance Officer, Sheriff, Register of Deeds, and Tax Collector. The designation of approval is
incorporated within the respective bond in its entirety.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.3.
Approval to Prepare a Document for Consideration to Establish the New Hanover County Community
Relations Advisory Committee – County Manager
The Commissioners approved moving forward in preparing a document to establish the New Hanover
County Community Relations Advisory Committee for the Board’s consideration. The committee would serve as a
“proactive committee organized for the purpose of addressing community issues involving prejudice or
discrimination on the basis of race, national origin, creed or religion, age, gender, sexual orientation, disability or
medical condition; informing the appointing authorities and other organizations of their findings; and making
recommendations, in an advisory capacity, to the appointing authorities and other organizations, as necessary.”
Ratification of Special Use Permit to T-Mobile South, LLC, as Issued by Judge W. Allen Cobb, Jr. – County
Attorney
The Commissioners ratified a special use permit granted to T-Mobile South, LLC, and et.al, based on the
Consent Judgment signed by Judge W. Allen Cobb, Jr. on December 8, 2015. Several issues were resolved between
the parties including that the tower will be built as a stealth tree similar to a design submitted to the County Planning
Department. At the March 2, 2015 meeting, the Board denied the Special Use Permit and T-Mobile South, LLC,
appealed the decision to superior court. Judge W. Allen Cobb, Jr. found that it was an error of law to not have
approved the special use permit.
A copy of the special use permit is hereby incorporated as part of the minutes and is contained in Special
Use Permit Book IV, Page 58.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 424
Adoption of Resolution Awarding Bid to American Property Experts for Construction and Demolition Debris
Waste Grinding – Environmental Management Department
The Commissioners awarded a contract to American Property Experts, in the amount of $250,000, for
FY16 and $567,000 in subsequent years, for grinding of waste materials received at the landfill's construction and
demolition (C&D) and yard waste sites. Materials include C&D wood waste, sheetrock and vegetative waste. The
scope of the project requires that the contractor provide assurance that all wood waste and sheetrock be beneficially
reused to include composting, biomass fuel, agricultural use, and soil amendments, among other types of beneficial
reuse. The contract term is five years, with one possible five-year extension. Funds are available in the
Environmental Management Enterprise Fund for the bid award.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.4.
Adoption of a Resolution Approving the Updated Fire Insurance Northern District Map for New Hanover
County – Fire Services
The Commissioners approved the Northern District Map for the County Fire Insurance District as the
official map for the purpose of fire insurance ratings as prescribed by NCGS Section 153A-233. The Island Creek
area will be included in Pender EMS and Fire's District and will allow many of the properties in the area of Island
Creek around Sidbury Road to receive reduced insurance rates.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.5.
Approval of Revisions to the Personnel Policy – Human Resources Department
The Commissioners approved revisions to the Personnel Policy as recommended by the Chief Human
Resources Officer. Human Resources completed a periodic review of personnel policies and recommended the
changes.
Adoption of Resolution Awarding Contract to CopyPro, Inc. – Information Technology Department
The Commissioners adopted a resolution approving a contract with CopyPro, Inc. to provide a cost per
copy program to the County. The estimated yearly expenditure for the program is $156,057, which will be charged
to each department based on actual usage and is based on 8,136,754 black and white copies at $.0180 per page and
239,874 color copies at $.0400 per page.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIX, Page 19.6.
Approval of New Hanover County Board of Education General Fund Budget Amendment #1 and #2 –
Strategy and Budget Department
The Commissioners approved the Board of Education’s budget amendment #1 for the following items:
Appropriated $557,129 in fund balance for carryover of school supply allotments, ongoing projects, and
Board travel. In addition, $300,000 in fund balance was appropriated for nursing services previously
funded from Medicaid Related Services, which can no longer be used for this purpose. $159,089,546 is
carried over in County funds including bond proceeds.
The Commissioners approved the Board of Education’s budget amendment #2 for the following items
1. Appropriates $394,831 in fund balance for a local School Resource Officer (SRO) grant match of
$156,741, installing safety cameras in 135 buses for $279,000, and makes an adjustment of carryover
for expenses that were accrued back to FY15 (-$40,910).
2. Establishes/sets up the budgets for $645,250 of approved lottery projects.
3. Makes a technical correction that creates a new program number for County Funded Projects (#816) in
the Capital Outlay Fund to segregate County funded capital appropriations from fund balance
appropriations (#801-815), and provide greater clarity/transparency.
4. Makes a (-$906) carryover correction to the Bond Projects for expenses that were incurred in FY15.
Copies of the budget amendment are available for review in the Strategy and Budget Department.
Adoption of Budget Amendments – Strategy and Budget Department
The Commissioners approved the following budget amendments amending the annual budget ordinance for
fiscal year ending June 30, 2016:
DSS:
16-021 - Day Care Services
16-027 - Casey Family Program
16-028 - LIEAP Assistance Payments
Sheriff's Office:
16-023 - Controlled Substance
16-024 - Federal Forfeited Property
16-025 - Body Camera Grant
16-026 - Miscellaneous Expenditure
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 425
Parks and Gardens Department:
16-029 - Trillium Grant
Health Department:
16-030 - Cape Fear Memorial Foundation Grant
16-035 - Safe Kids Worldwide Grants
Library:
16-031 - Aid to Public Library Grant
16-043 - Library Story Park
Cape Fear Museum:
16-034 - Grassroots Science Grant
16-036 - National Endowment for Humanities
Emergency Management Department:
16-040 - Hazardous Material Grant
16-041 - Homeland Security Grant
Senior Resource Center:
16-032 - RSVP SHIIP Grant
16-033 - RSVP Grant
16-037 - Title III-D Grant
16-038 - Home and Community Care Block Grant
16-039 - VOCAL Grant
16-042 - Senior Center General Purpose Grant
16-044 - SHIIP Grant
16-046 - ROAP Grant
Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in
Exhibit Book XXXIX, Page 19.7.
REGULAR ITEMS OF BUSINESS
RECOGNITION OF THE NC PARKS AND RECREATION ASSOCIATION FELLOW AWARD TO
NEAL LEWIS
Commissioner Watkins announced that Neal Lewis, former New Hanover County Parks Director, was
recently recognized by the NC Parks and Recreation Association for his forty years of service to public parks and
recreation and he thanked Mr. Lewis for his service to New Hanover County. Thurman Hardison, President of the
NC Parks and Recreation Association, presented the Fellow Award to Neal Lewis. Mr. Lewis expressed
appreciation for the recognition and accepted the award.
PRESENTATION OF SERVICE AWARDS TO EMPLOYEES AND INTRODUCTION OF NEW
EMPLOYEES
County Manager Coudriet presented the County’s Community Service Award to Deputy County Manager
Avril Pinder in recognition of her outstanding service above and beyond the call of duty to the community by a
County employee. Ms. Pinder was recently recognized by the community as a Woman to Watch for her time and
commitment that she gives to other organizations, such as the United Way, Cape Fear Soccer Association, and the
Carousel Center. The Commissioners expressed appreciation and thanked Deputy County Manager Pinder for her
outstanding service.
County Manager Coudriet recognized the following employees receiving retirement awards:
John Episcopo, Parks and Gardens Department, retiring with 10 years of service
Sharon Smith, Information Technology Department, retiring with 30 years of service
Chairman Dawson 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: Karen Jones, Department of Social Services
Cheryl Walker, Department of Social Services
Ten Year: Mike Gibbs, Property Management Department
Fifteen Year: Kassandra Dixon, Sheriff Department
Tracey Frink, Sheriff Department
Karen Gans, Health Department
Kevin McDonald, Fire Services Department
Thomas Sosebee, Fire Services Department
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 426
Twenty Year: Alicia Pickett, Health Department
Chairman Dawson 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 and be introduced:
Matthew Blevins, Sheriff Department
Edgar Eason, Sheriff Department
Rosemary Reeves, Parks and Gardens Department
Tara Brown, Health Department
Cory Click, Sheriff Department
William Hall, Fire Service District
Tina Heath, Senior Resource Center
Crystal Jasper, Sheriff Department
Althea Mathews, Library
Christopher Miranda, Fire Service District
Daniel Willis, Department of Social Services
On behalf of the Board, Chairman Dawson welcomed the employees to County Government and wished
them success in their new positions.
CAPE FEAR PUBLIC UTILITY AUTHORITY 2015 ANNUAL REPORT
Ms. Pat Kusek, Chairman of the Cape Fear Public Utility Authority (CFPUA) Board, expressed
appreciation to the Commissioners for the opportunity to give an update on the authority and she recognized the
efforts of the hard-working men and women of the authority who provide essential services of water and sewer to
the community.
Jim Flechtner, Executive Director of the CFPUA, presented the 2015 Annual Report highlighting the
following:
Operate, maintain water and wastewater systems:
Provide essential services to 200,000 people each day
Strong financial performance:
1072 new water customers; 731 new sewer customers
Net financial position improved
Operating revenues increased by $2.4 million
Deliver on industry’s “Five Pillars:”
First Pillar – Basic Sanitation:
Our community relies on proper collection and treatment of waste:
CFPUA’s responsibility to safely, effectively handle wastewater
Moves through 1,000 miles of sewer mains, 140+ pump stations, two treatment plants
Treated nearly 6 billion gallons of sewer last year
Major accomplishments:
Northeast Interceptor Rehabilitation: Vital piece of wastewater infrastructure in high-
traffic area
Walnut Hills Wastewater Treatment Plant to be decommissioned
Second Pillar – Disease Protection:
Protect our community from waterborne diseases:
Two sources: groundwater and surface water
Drinking water is a product
Nearly 20 million gallons of water provided every day
Major accomplishments:
AWOP Award: EPA award program for excellent water quality. Won for 7th straight
year
Aeration project: Helps CFPUA meet even more stringent EPA water quality standards
Flemington/U.S. 421 project: Central system water supply for residents
Third Pillar – Fire Protection:
CFPUA provides more than just drinking water:
Vital, lifesaving service flowing through our water mains
Feeds 8,000 fire hydrants
Protects the public all hours of the day and night
Major accomplishments:
Bald Eagle Lane water project: Provides fire flow for 200+ residents
Flushing program: Flushed entire system for quality, test hydrant performance
Reservoir rehabilitation: 16 MG of capacity rehabilitated at Sweeney Plant
Aquifer Storage and Recovery project: Will provide valuable redundancy
Fourth Pillar – Environmental Protection:
Water is life’s most precious resource:
Our source waters – Cape Fear River, local aquifers – require attention and care
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 427
Safely collect, clean and return wastewater to watershed
Investments in systems improve resiliency
Major accomplishments:
Continue to cut wastewater spills: Last five years, 52% drop in spills and 77% drop in
gallons spilled
30th Street project: Essential replacement in Market Street/Princess Place Drive area
Septic-to-sewer projects: Heritage Park and Marquis Hills areas
Fifth Pillar – Economic Development:
Strong water, wastewater systems are building blocks for economic development:
Quality communities: Served by good schools, essential industries, quality government
services
Also important: Resilient and reliable water and sewer infrastructure
Strong foundation for future businesses and residents. Benefits us now and in future.
Major accomplishments:
Flemington/U.S. 421 project: Brings water, sewer service potential to the entire corridor
Capacity management, long-range planning poised for growth
$6 million in assets conveyed through development
Quality of Life – Now and in the Future:
Five pillars together are the backbone for our quality of life:
Sanitation, disease, fire, environmental protection, and economic development
Partnerships supporting the five pillars:
New Hanover County: Heritage Park and Marquis Hills areas, Bald Eagle Lane, and
Flemington/U.S. 421
City of Wilmington: Third Street, Front Street, Water Street, and Flemington/U.S. 421
NCDOT: S. Front Street and several other key infrastructure projects
LCFWSA: Planning for long-term needs with other agencies and area governments
Commissioner Zapple, a board member of the CFPUA, reported that superior services were provided by the
authority throughout the year without an increase in rates and expressed appreciation for the dedicated employees
and leadership of CFPUA.
In response to questions concerning future growth plans of CFPUA, Mr. Flechtner explained that the
authority is working with the County Planning and Inspections Department to understand the land use plan and to
make sure infrastructure is available for future demands. Additionally, they work with private developers to extend
lines and grow the system.
Chairman Dawson thanked Ms. Kusek and Mr. Flechtner for the report.
PRESENTATION AND APPROVAL OF AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR
ENDED JUNE 30, 2015
Eddie Burke, Audit Partner with Cherry Bekaert LLP, presented the County Comprehensive Annual
Financial Report for the fiscal year ended June 30, 2015, highlighting the following:
Financial Auditing Standards applied = Government Standards because of state and federal money
received:
Four unmodified/clean opinions were issued
Internal Controls were effective and operating as prescribed:
No audit adjusting journal entries or past adjusting journal entries made
Recommended continued involvement by management
Method the County uses to close books is reliable for budgeting purposes
Implemented GASB 68/71 Pensions for the state retirement system – recorded as an asset
Internal Controls were found to be reliable and functioning as described:
Significant Transaction Cycles: payroll, cash receipts – form 1571, cash receipts – property taxes,
cash receipts – landfill, cash disbursements, financial statement close, and journal entries
Testing of Internal Controls processes worked consistently throughout year for cash disbursements
and payroll
Adjusting journal entries were audited to make sure policies and procedures in place and followed
Information Technology controls in place for best practices:
IT entity level, backup and recovery, access and security, network security, program change
management, and system development life cycle
Requires continued monitoring and maintenance for security protection
Significant Audit Areas of Financial Statements:
Assets: cash and investments, accounts receivable, revenues, and capital assets:
Supported by bank records, statements, etc.
Liabilities: accounts payable, accrued expenses, expenditures/expenses, payroll, long-term
debt, net position
Other areas: legal, related parties, estimates, commitments, subsequent events
Internal Controls and Compliance – Single Audit:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 428
Major federal and state programs for administrative controls, monitoring reports, compliance
matrix, compliance testing:
Federal: Clean Water Revolving Loan, Medicaid Cluster, Foster Care
State: DSS Crosscutting, Highway Construction, and In-home Services
General Fund Revenues:
Taxes $226,851,000
Intergovernmental 43,952,000
Charges for Services 10,561,000
Investments 224,000
Other 663,000
Total Revenues $282,251,000
Total Revenues exceeded budget of $276,182,000 by $6,069,000 (increase mostly from sales tax)
Property Tax Levy $165,254,000
Property Tax Collected $163,605,000 (99% collection rate)
Expenses:
Debt Services $ 31,002,000
Education 10,626,000
Culture and Recreation 11,803,000
Economic Physical Development 1,239,000
Public Safety 53,284,000
Human Services 55,251,000
General Government 33,646,000
Total Expenses $196,851,000
Total Expenditures under budget of $205,011,000 by $8,160,000
General Fund – Fund Balance:
Unassigned $ 54,891,000
Assigned 11,739,000
Restricted 27,789,000
Unexpendable 130,000
Total Fund Balance $ 94,549,000
Special Fire District Fund:
Revenues $ 11,878,000
Expenditures 12,816,000
Fund Balance 4,417,000
Environmental Management Fund:
Non-Operating $493,000
Operating Expenses 20,901,000
Operating Revenues 13,410,000
Net Position 3,297,000
Decrease in net position 6,998,000
Total Long-Term Debt $478,969,000
In closing, Mr. Burke reported that four clean opinions were issued; no adjusting journal entries or past
adjusting journal entries were found; good internal controls were used; and grants were properly managed. He
expressed appreciation for the cooperation extended by the Finance Department and management staff during the
audit process.
Chairman Dawson thanked Mr. Burke for the report and requested direction from the Board.
Motion:
Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to approve the New Hanover
County Comprehensive Annual Financial Report for fiscal year ended June 30, 2015. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF A MAINTENANCE EVENT FOR MASON INLET RELOCATION PROJECT
Shore Protection Coordinator Layton Bedsole reported that another maintenance event is needed for the
Mason Inlet Relocation Project in order to preserve public and private infrastructure threatened by the inlet’s
southern migration. Project elements that triggered maintenance event include: the Corps of Engineers’ notification
of mandatory maintenance dredging within the Mason Creek and Intracoastal Waterway crossing, the inlet
complex’s shoaling exceeding the minimum volume (currently at 375,000 cubic yards), the inlet’s southern
migration, and the additional shoaling effects from Hurricane Joaquin.
The maintenance project consists of hydraulic dredging approximately 475,000 cubic yards of shoaled
beach quality sand from the channel’s crossing at Mason Creek and Mason Inlet. All removed sand would be
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 429
transported by pipeline and beneficially reused along 10,000 linear feet of Figure 8 Island’s beachfront. Figure 8
Island Association will pay $5.50 per cubic yard for the sand at an estimated cost of approximately $2.6 million.
The remaining costs of approximately $1 million will be assessed to members of the Mason Inlet Preservation
Group (MIPG). Gahagan and Bryant, the managing engineering firm of record, has advertised and received bids for
the project with a low bid of $3,673,500 from Norfolk Dredging. Mr. Bedsole requested the Board to award the
contract and approve a notice to proceed. The project completion date is the end of March 2016.
In discussion, Mr. Bedsole responded to questions from the Commissioners about the triggers for
maintenance events and explained that Room Occupancy Tax Funds (ROT) will cover the initial cost with
reimbursements to follow from the MIPG – Wrightsville Beach homeowners.
Chairman Dawson recognized David Kellum with Figure 8 Island Association and thanked him for his
letter of support for the project.
Motion
: Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to approve the award of the
Mason Inlet Relocation Project maintenance event to Norfolk Dredging in the amount of $3,673,500 and issue a
notice to proceed. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Break
: Chairman Dawson called a break at 5:25 p.m. until 5:35 p.m.
PUBLIC HEARING AND CONSIDERATION OF THE NEW HANOVER COUNTY COMPREHENSIVE
PLAN - CHAPTER 4: VISUALIZING THE FUTURE
Chairman Dawson opened the public hearing and requested staff to make the presentation.
Long Range Planner Jennifer Rigby presented Chapter 4: Visualizing the Future highlighting the
following:
Future Land Use Map Process:
How the Future Land Use Map was created
What we are trying to accomplish and where
Why it is important and how it will be used
How the community has shaped the final map
Population Growth:
214,000 residents in NHC currently
337,000 residents by 2040 (2.5% growth rate)
Final Version of Land Use Map:
Available Land Area: Approximately 60% of NHC is developed
Urban Service Boundary removed due to no longer needed to control urban sprawl
Existing Zoning: Zoning specifically defines the type of development allowed. It is how land is
occupied or utilized, including but not limited to subdivision, residential, commercial, industrial,
recreational, agricultural, or other development. Zoning is a regulation enforceable by law and
may include design requirements, such as buffers, building setbacks, and height limitations on
buildings.
Implementing mixed use development to combat traffic congestions and minimize impacts to
environmentally sensitive areas
NHC Vision applied to process: “We are a vibrant, prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.”
Mixed Use Development: “Mixing land uses – commercial, residential, recreational, educational,
and others – can create vibrant and diverse communities.” – Smart Growth Network
How will the Future Land Use Map be used:
Replaces the 2006 CAMA Land Use Map
Used as a guide for future development decisions (rezonings, subdivisions, special use permits,
etc.)
Used to help determine areas that need further study (through Small Area Plans)
Used to help create new and/or update existing zoning classifications and districts in the new
Unified Development Ordinance
The Future Land Use Map is not legally binding like the New Hanover County Zoning Map. It is
intended to be a general representation of the 25 year vision for New Hanover County, created by the
citizens who were involved with Plan NHC, and will be used to guide future development decisions.”
The use of Place Types and Exceptional Resource Areas provided an interactive online “story
map” that aid citizens and the development community in the development process
Exceptional Resource Areas Map would be used to encourage low-impact development (removed
blanket restrictive areas):
Develop review processes that will help preserve environmental features while allowing
compatible development
Public Meetings Overview:
The Planning Department held extensive community meetings during the months of January,
February, and March of 2015:
Nine public meetings were held:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 430
Three at Executive Development Center (stakeholder, public, and city-county joint
meeting)
Schools: Bellamy Elementary, Ogden Elementary, Murray Middle School, Eaton
Elementary, Myrtle Grove Middle School, and Wrightsboro Elementary
Organized groups: Osher Learning Center, Chamber of Commerce (3 times), Porters Neck
Community, Coastal Federation, CFPUA, County Emergency Management, County
Engineering, UNCW MPA Class, NorthChase Community, Parks Conservancy Board, Fire
Services, and Individual Developers
Tremendous amount of coordination between the City and County Planning Staff about the plans:
State legislation requires different priorities and each has different autonomies
Development community and financial community provided extensive input in having the right
mixture for Mixed-Use Development
Commissioner White commented that the County and City have similar urban areas and suggested that a
joint meeting with Wilmington City Council would be needed at some point to ensure that both comprehensive plans
are cohesive and consistent for future development. Several interest groups have expressed concern that the two
plans should be compatible and they want to know how the plans may overlap. Staff should continue to work with
city staff to determine the important areas for the two governing boards to discuss.
In response to further questions, Ms. Rigby noted that the City’s underlying theme for their comprehensive
plan is predominately mixed-use development and is much more focused on an urban design template than the
County. Staff has worked carefully with City staff to ensure compatibility with the fringe areas of the City limits.
County Manager Coudriet pointed out that the plan is a guide, but the main work will be in the revisions to the
zoning ordinance.
Long Range Planner Rigby reported that the Planning Board approved Chapter 4: Visualizing the Future at
its regularly scheduled meeting on November 4, 2015. One condition was placed on the approval for a disclaimer
on the 8.5" by 11" printed Future Land Use Map with Exceptional Resource Areas that states "This map represents a
smaller version of the full size 36” x 48” map. As such, features and symbols may be more difficult to distinguish.
To clearly view the map and all its content, it is recommended you view a larger printed map or a digital version on
our website at www.plannhc.com."
Long Range Planner Dylan McDonnell presented information on the final draft of the Exceptional
Resource Areas Map highlighting the following:
Map identifies valuable and sensitive environmental areas as well as flood hazard areas
Areas are governed by the state through the Coastal Resource Commission and the Coastal Area
Management Act, and the federal government through the Army Corps of Engineers and Federal
Emergency Management Agency
The map is to be used in conjunction with the Future Land Use Map and aids in the development
process
Purpose for the Exceptional Resource Areas Map:
To receive citizen input
To maintain CAMA Certification
To bridge 2006 CAMA Land Classification Map and new Future Land Use Map
To recognize valuable and sensitive natural resources
To locate CAMA Areas of Environmental Concern (AEC)
Exceptional Resource Area Elements:
Public Trust Waters: Public Inland Waters (CRC), Public Coastal Waters (CRC), and Outstanding
Resource Waters (CRC), and Flood Zones (FEMA)
Potential Significant Natural Heritage Areas:
Designated by the NC Natural Heritage Program
Evaluated based on presence of rare plant and animal species and surrounding habitat
Includes endangered or threatened species protected by the federal and state Endangered Species
Act
Requires verification from a field expert
Potential Wetland Areas (Army Corps/CRC):
State and federal determinations
Development in wetlands is regulated
National Wetlands Inventory dataset available
On site determination must be made by field experts
Primary Aquifer Recharge Area:
Peedee and Castle Hayne Aquifers
Greatest percentage of recharge
CFPUA wellheads/major pumping activity designated
Reduce contamination using best management practices/Low Impact Development
Exceptional Resource Areas Data Sources:
State and Federal datasets
Data disclaimers:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 431
Environmental features shown are off-site or general representations and are for informative
purposes only. True delineations must be field verified by site experts.
Story Map creation:
Need for online mapping component to display information and provide transparency
Collaboration with NHC IT to add data to an online interactive story map application:
Utilize ESRI Story Maps online interface
Future Land Use Story Map will aid staff, citizens and the development community in the development
process
Discussion was held on the various classifications of water resources shown on the Exceptional Resource
Areas map and the importance of that information to builders and developers in protecting the environment by
implementing best management practices. Planning and Inspections Director Chris O’Keefe pointed out that the
comprehensive plan is a policy guideline and does not include any regulations. Whether a new zoning ordinance
would include regulations that would specifically tie to the aquifer resource protection areas is yet to be determined.
Homes would have no risk to the aquifer, but it will be important to protect the aquifer from very large users of
water or a use that could contaminate.
Chairman Dawson opened the public hearing to anyone who had signed up to speak.
Tyler Newman, with Business Alliance for a Sound Economy (BASE), on behalf of the Cape Fear Home
Builders Association and the Wilmington Chamber of Commerce, provided the following suggestions for the Future
Land Use Map:
Supports combining the County’s comprehensive planning efforts with the City of Wilmington Plan as the
plans should recognize and complement the development in an adjoining jurisdiction, be it Pender County
or the City of Wilmington. The group believes that consistency in plans, place types and future regulations
will be beneficial to all partners in the region.
Supports the removal of the urban services boundary from the future land use map as recommended by
staff because the “urban services” boundary stymied investment and tax base growth in the northern part of
the county.
Supports the removal of the “aquifer recharge area” and “wetlands” overlays on the Exceptional Resource
Areas map, as they would cause more confusion instead of being informational. They believe that CAMA
is moving forward with initiatives to streamline Land Use Planning guidelines, which should allow
jurisdictions like New Hanover County to reduce the amount of analysis required.
Discussion was held on whether it was necessary to identify wetlands, aquifer recharge area, or other water
resources on the Exceptional Resource Areas Map since the County has no authority to regulate groundwater.
Commissioner White did not support having items on a map that are regulated by other jurisdictions or that may
cause confusion to builders or developers when federal and state authorities change definitions or rules and
regulations in the near future. Commissioner Zapple commented that having an optional overlay map provides
information and knowledge of potential concerns and is advantageous to developers. Vice-Chairman Barfield
agreed and said that a Realtor should have imputed knowledge about land uses when representing a buyer who is
trying to decide where to buy property.
Long Range Planner Rigby responded that it would be important for the City and County to ensure that
new zoning ordinances are compatible with one another. Both zoning ordinances will be audited for compliance
with the comprehensive plans prior to moving forward with rewriting the zoning ordinances. Coordination between
the City and County processes will be critical because of differences in details and in enforcement.
In response to concerns on whether CAMA would approve the comprehensive plan without the Exceptional
Resource Map, Ms. Rigby explained that the County’s plan will be used to issue minor CAMA permits and CAMA
has told them that the County will need to show different areas on the map and one being the water supply. With
growth pressures and less developable land, the County will need to know the environmental features so that they
can develop best management practices for those features. Developers want predictability and showing these
features on a map is a way of ensuring that these areas may need further research and due diligence.
In response to concerns about the primary aquifer recharge area, Ms. Rigby responded that CFPUA has
provided the locations of their wellheads and 20% of the County’s drinking water comes from those areas shown on
the map. Other concerns were whether staff was considering a regional approach to the plan. Ms. Rigby said that
they have worked closely with Pender County, in particular with Blake Farms a new 1300-acre development, which
will have a significant impact on the northern part of the county. She noted that regional coordination is extremely
important to staff.
Commissioner White stated that there seems to be conflicting information about the Exceptional Resource
Areas Map and asked whether the Planning Board discussed the removal of water resource designations from the
map. Jordy Rawl, Planning Board member, responded that the Planning Board did ask staff about it, but they did
not challenge staff’s response or discuss it further. However, the Planning Board did discuss having CAMA
representatives attend a meeting to provide CAMA’s intent on upcoming regulations and the approval of the
County’s plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 432
Commissioner White commented that knowing CAMA is undergoing significant changes in relaxing the
rules and regulations, the Exceptional Resource designations on the map may not be needed.
Chairman Dawson closed the public hearing as no other persons had signed up to speak.
In further discussion of anticipated changes in CAMA regulations, Ms. Rigby stated that ongoing changes
are occurring; however, no revisions have been approved or expected to be approved until the summer. County
Manager Coudriet reminded the Board that any delay in adopting the Chapter 4 Resolution would result in a delay in
the completion of the comprehensive plan.
MOTION
: Vice-Chairman Barfield MOVED, SECONDED by Commissioner White, to table the item until staff
and the Planning Board meet with CAMA representatives to discuss possible changes in upcoming state regulations
with staff presenting the findings at the next meeting for the Board’s consideration. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARING AND APPROVAL OF REVISED TEXT AMENDMENT TO THE ZONING
ORDINANCE 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 (A-421, 4/15)
Chairman Dawson opened the public hearing and requested staff to make the presentation.
Current Planning and Zoning Supervisor Ben Andrea presented a request by Greg Heafner on behalf of
Oxford House, Inc., to amend the Zoning Ordinance 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, highlighting the following:
A brief review of the case A-421:
November/December 2014 – Zoning Staff received complaint of a number of people living in one
house; home was being run as an “Oxford House” for up to 8 women
December 2014 – Received informative letter from Mr. Heafner describing Oxford House and
requesting reasonable accommodation
January 2015 – Staff letter advised Heafner/Oxford house to move out, come into compliance, or
seek a text amendment
March 2015 – Text Amendment application received
April 2015 – Request presented to Planning Board, recommended denial. Item tabled.
May 2015 – Issue discussed at Planning Board Work Session; initial staff recommendation
presented to Planning Board
June 2015 – Planning Board recommends approval of staff recommendation 5-1
August 2015 – Public Hearing at Commissioners meeting; Board passes motion 3-2 approving
staff recommendation; item reconsidered, tabled, staff directed to consult with city staff
Existing Zoning Ordinance Language:
Section 23: Definitions: Residential Care Facility – A home with support and supervisory
personnel that provides room and board, personal care, and rehabilitation services in a family
environment for not more than six resident handicapped persons.
Section 63.4-2: Residential Care Facility – A residential or family care facility shall not be
located within 2,000 feet radius of an existing residential care home. (3/2/87)
Section 50: Establishment of Use District: Table of Permitted Uses: Permitted use in all
residential zoning districts of PD, R-20S, R-20, R-15, R-10, R-7, AR and RA and in Office and
Institution districts. Special use permit required for R-7.
State Statutory Accommodation for Family Care Homes - NCGS 168-21:
“Family care home” means a home with support and supervisory personnel that provides room
and board, personal care, and habilitation services in a family environment for not more than six
persons with disabilities.
“Persons with disabilities” means a person with a temporary or permanent physical, emotional, or
mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism,
hearing and sight impairments, emotional disturbances, and orthopedic impairments but not
including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)b.
NCGS 168-22 - A family care home shall be deemed a residential use of property for zoning
purposes and shall be a permissible use in all residential districts of all political subdivisions. No
political subdivision may require that a family care home, its owner, or operator obtain, because of
the use, a conditional use permit, special use permit, special exception, or variance from any such
zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family
care home from being located within a one-half mile radius of an existing family care home.
Applicant’s Proposal:
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.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 433
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, R7, AR and RA.
-
City of Wilmington Regulations have several types of facilities defined:
Family Care Home – Similar to NHC’s “Residential Care Facility” Definition; provision per
NCGS 168-21
Group Home Residential – Arrangement where number of persons living together exceeds
allowance per Family definition, such as 4-5 elderly people. Not for disabled/special needs
persons. Requires SUP.
Group Home Supportive, Small – A dwelling unit in which up to three (3) special needs persons
as defined in this section reside with a family.
Group Home Supportive, Medium – A dwelling unit in which up to eight (8) special needs persons
as defined in this section reside except that if a resident supervisor is provided, then the number of
special needs persons permitted to reside therein is reduced by the number of resident supervisors
residing therein.
Group Home Supportive, Large – A dwelling unit in which up to twelve (12) special needs
persons as defined in this section reside, except that if a resident supervisor is provided, then the
number of special needs persons permitted to reside therein is reduced by the number of resident
supervisors residing therein.
Staff and Planning Board Recommendation:
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.
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: No more than 2 plus 1 per 4 beds and 1
per supervisor
In regards to questions whether sex offenders are a “protected class” under fair housing laws:
No, fair housing laws are intended to prevent discrimination against certain characteristics but they
do not specifically offer protection for criminal sex offenders. The Civil Rights Act (Fair Housing
Act) of 1968, Sec. 804. \[42 U.S.C. 3604\], and all subsequent amendments, do not identify sex
offenders as a protected class. The protected classes under the FHA are: race, color, religion, sex,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 434
familial status (including having children or being pregnant), national origin, or mental or physical
disability.
Reasonable Accommodation:
The Fair Housing Act makes it unlawful to refuse to make reasonable accommodation in land use
and zoning policies and procedures where such accommodations may be necessary to afford
persons or groups of persons with disabilities an equal opportunity to use and enjoy housing.
What constitutes reasonable accommodation is a case-by-case determination
Not all requested modifications are reasonable, not considered reasonable if:
It imposes an undue financial or administrative burden on a local government, or
It creates a fundamental alteration in land use and zoning scheme
If zoning ordinance specifies procedures for seeking a departure from the general rule, that process
should be followed.
Staff Recommendation – Why Six and not Eight:
Precedence of six set in Zoning Ordinance with Residential Care Facility (based on state statute)
No minimum housing code. City’s minimum housing code regulates space per dwelling unit and
space in sleeping rooms.
Best approach to a county-wide ordinance, not specific to the existing Oxford House
Sets up process for reasonable accommodation request:
Oxford House could immediately petition for a special exception for reasonable
accommodation to allow 8 in Lansdowne Oxford House
Staff recommends denial of the request as proposed by the petitioner; however, staff recommends
approval of the version as presented in the Staff Summary.
In response to question from Chairman Dawson, Mr. Andrea explained that staff did not include the
reference to municipal boundaries because of the administrative burden for staff to keep up with all the City’s group
home regulations. The Board could direct staff by including it in the motion.
Chairman Dawson 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 zoning 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 all Residential Zoning
Districts. He presented an alternative text amendment that briefly stated the Lansdowne address can be used as an
Oxford House for eight unrelated women. He suggested that it was a reasonable accommodation because it is
specific to the applicant. He requested the Board to approve either text amendment from Oxford House and pointed
out that the difference in the County’s proposal reduced the number from eight to six individuals and added a
process for the Board of Adjustment to review for exceptions.
Although County Planning staff did discuss the regulations with City Planning staff as the Commissioners
instructed, staff provided no changes to their original proposal. He noted that the City of Wilmington has up to five
classifications for group living arrangements and three classifications for group homes. Regulations for the medium
homes allow up to eight people with large group homes allowing up to twelve. Furthermore, the City created a task
force to study the issue for more than a year before an ordinance was adopted. They sought input from interested
persons in the community and held several public hearings. He believed the population would be better served if
more coordination had occurred between the City and County for similar ordinances.
Mr. Heafner said he had demonstrated at the August Board meeting the need for eight women to be allowed
to stay in the house in Lansdowne for economic reasons. He believed it was a reasonable request and reiterated the
necessity for the eight women and requested the Board to adopt one of the two text amendments as he presented. He
reported that the house in Lansdowne has operated for more than a year without incident or complaint to the police
and pointed out that the County benefits by having the eight women in recovery with no expense to the County.
Chairman Dawson reported that one person had signed up to speak in opposition to the request.
Dr. Murray K. Seidel, a resident of Myna Circle and representing College Acres and Good Neighbors
Association, spoke in opposition to the proposal of allowing more than three unrelated people living together in a
residential neighborhood. Although Oxford House may be a good program, allowing three or more unrelated people
in a rental home can damage the appearance of a home and damage a neighborhood. Housing values in his
neighborhood were diminished when students began to move into the neighborhood. Crimes were committed and
the police were called often. He believed that when HUD and the Department of Justice allowed reasonable
accommodations for recovering alcoholics and drug addicts, economic discrimination occurred in lower and middle
class neighborhoods. Additionally, he was concerned about young children being allowed in group homes and said
it would be a public health hazard for a large number of people living in a house that was built to accommodate an
average family size.
Dr. Seidel requested the Commissioners to consider the following: any group home who tries to
circumvent the regulations should not be allowed to request a variance from the Board of Adjustment; require group
homes to request zoning approval and notify property owners before being allowed to move into a neighborhood;
and provide protection for the investment, security and tranquility of property owners in residential neighborhoods.
Chairman Dawson offered the petitioner a time for rebuttal; however, Mr. Heafner declined.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 435
In response to Mr. Heafner’s comments about the City’s regulations, Mr. Andrea noted that City staff felt
the City’s regulations may be convoluted and confusing to their users. County staff was not compelled to change
their recommendation after meeting with the City.
Chairman Dawson closed the public hearing and opened discussion by the Board.
Commissioner Watkins commented that he did not believe the current regulations were defendable with a
maximum of three unrelated persons. Although he supported efforts in helping those in recovery, he felt that the
regulations should protect property owners by preserving the character of existing residential areas and the property
rights of the neighborhood. He supported the number of six unrelated individuals in a group home.
In response to questions from the Board, Mr. Andrea explained that upon approval of the regulations,
Oxford House would be able to proceed with a petition to the Zoning Board of Adjustment for eight residents. The
enforcement action against the existing Oxford House has been stayed until action has been taken by the
Commissioners. City Council has recently approved a requirement that residential care facilities must be recertify
on an annual basis. The County’s recommendation does include that a group home would need to seek zoning
approval. However, the Board may want to include language used by the City to require the annual certification by
adding two sentences: a group home must show state certification annually and a group home exempt from
licensing must recertify their exemption status annually. The process would provide the County with recordkeeping
that would help with enforcement procedures and potentially any litigations.
The Commissioners further discussed Dr. Seidel’s concern about children living in group homes and
whether laws exist or offer protection for these children. Additionally, they discussed concerns about Oxford House
setting up a home in a community without getting approval and relying on the law for reasonable accommodation.
Deputy County Attorney Sharon Huffman said that it does appear that Oxford House, on a regular basis, does
operate by setting up a home and once uncovered ask for reasonable accommodation. To the question whether it
violates public policy, the courts seem to want the local governments to look at each one on a case-by-case basis as
opposed to giving blanket permits by right. Most cities in North Carolina amended their ordinances to make “x”
number by right but did not set up special exception or reasonable accommodation provisions. In more recent
analysis, it appears that counties and municipalities are setting up reasonable accommodations through special
exception processes as Planning staff recommended. The department of justice seems to suggest that these cases
should be looked at on a case-by-case basis with provisions in place to allow a process. Ms. Huffman supported
staff's recommendation of putting in place a number that would pass scrutiny by the courts and the provision for
special exceptions.
In regards to children in Oxford Homes, Outreach Coordinator Kurtis Taylor with Oxford Homes stated
that at no time would there be more than two women with children allowed in an Oxford House. The home in
Lansdowne does not have any women with children; thus, no children are permitted to reside at that address.
Motion:
Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve the zoning
ordinance text amendment as presented under the Staff 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.
In discussion, Commissioner Zapple asked Commissioner Watkins if he would amend his motion to
include the City’s requirement for annual recertification. Mr. Andrea read the City’s regulation as follows:
Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption
status annually; and
Group homes for special needs persons must recertify qualification of all residents as special needs persons
annually.
Amended Motion
: Commissioner Watkins agreed and MOVED, SECONDED by Commissioner Zapple, to amend
the motion approving the zoning ordinance text amendment as recommended by staff to include language from the
City’s ordinance for annual recertification of group homes.
Chairman Dawson asked Commissioner Watkins if he would amend his motion to include her suggestion to
have the 2,000-foot separation between group homes to cross municipal boundaries.
Amended Motion
: Commissioner Watkins agreed and MOVED, SECONDED by Commissioner Zapple, to amend
the motion approving the zoning ordinance text amendment as recommended by staff to include language that group
homes shall not be closer than 2,000 feet to any other existing group home irrespective of municipal boundaries.
Motion
: Commissioner Watkins MOVED, SECONDED by Vice-Chairman Barfield to call for the vote. Upon
vote, the motion carried UNANIMOUSLY.
Chairman Dawson called for the vote on the original motion and the two amendments.
Vote Results
: Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 436
A copy of the text amendment is hereby incorporated as part of the minutes and is contained in Exhibit
Book XXXIX, Page 19.8.
COMMITTEE APPOINTMENTS
Cape Fear Public Transportation Authority (WAVE Transit)
Chairman Dawson reported that two vacancies exist for an at-large member on the Cape Fear Public
Transportation Authority with four applications available for consideration and requested nominations from the
Board.
Commissioner Zapple nominated Steven D. Kelly for reappointment and Laura W. Padgett for
appointment.
Vice-Chairman Barfield nominated Steven Kelly and Jeffrey Petroff for reappointment.
Hearing no further nominations, Chairman Dawson called for a vote.
Vote Results
: The Board voted 4 to 1 to reappoint Steven D. Kelly and voted UNANIMOUSLY to reappoint
Jeffrey Petroff to serve three-year terms on the Cape Fear Public Transportation Authority with the terms to expire
on December 31, 2018. Laura Padgett received two votes from Chairman Dawson and Commissioner Zapple.
Adult Care Home Community Advisory Committee
Chairman Dawson reported that up to five vacancies exist on the Adult Care Home Community Advisory
Committee with two applicants available for reappointment and three applicants available for consideration and
requested direction from the Board.
Commissioner Zapple nominated Cathi Anderson, Cenetta J. Lee, Susan M. Levasseur, Denice
Shackelford, and Ida R. Smith.
Vote Results
: The Board voted UNANIMOUSLY to reappoint Cathi Anderson and Cenetta J. Lee to serve three-
year terms on the Adult Care Home Community Advisory Committee with the terms to expire on December 31,
2018 and to appoint Susan M. Levasseur, Denice Shackelford, and Ida R. Smith to serve one-year terms with the
terms to expire December 31, 2016. Upon vote, the MOTION CARRIED UNANIMOUSLY.
New Hanover County Board of Health
Chairman Dawson reported that three vacancies exist on the Board of Health with three applicants eligible
for reappointment in the General Public, Registered Nurse and Pharmacist categories and five new applications
available for consideration and requested direction from the Board.
Motion:
Commissioner Zapple MOVED, SECONDED by Chairman Dawson, to reappoint Zachery S. Mitcham,
Stephanie D. Smith, and Kim Thrasher Horne to serve three-year terms on the Board of Health with the terms to
expire on December 31, 2018. Upon vote, the MOTION CARRIED UNANIMOUSLY.
New Hanover County Juvenile Crime Prevention Council
Chairman Dawson reported that one vacancy exists on the Juvenile Crime Prevention Council for an under
age 18 student with two applications available for consideration and requested direction from the Board.
Motion
: Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to appoint Darren Janz to serve
a two-year term on the Juvenile Crime Prevention Council with the term to expire September 30, 2017. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Nursing Home Community Advisory Committee
Chairman Dawson reported that up to two vacancies exist on the Nursing Home Community Advisory
Committee with two applicants available for reappointment and three applicants available for consideration.
Chairman Dawson nominated Sondra T. Robertson.
Commissioner Zapple nominated Holli Blackwelder.
Vote Result
: The Board voted UNANIMOUSLY to appoint Sondra T. Robertson to serve one-year term on the
Nursing Home Community Advisory Committee with the terms to expire on December 31, 2016 and to reappoint
Holli Blackwelder to serve a three-year term on the Nursing Home Community Advisory Committee with the term
to expire on December 31, 2018.
New Hanover County Tourism Development Authority
Chairman Dawson reported that three vacancies exist on the Tourism Development Authority with three
applicants eligible for reappointment and two new applications available for consideration and requested direction
from the Board.
Motion
: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to reappoint Charles
Pennington, LeAnn Pierce, and Angela Rhodes, to serve three-year terms on the Tourism Development Authority
with the terms to expire on December 31, 2018. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, DECEMBER 14, 2015 PAGE 437
Parks Conservancy of New Hanover County, Inc. Board of Directors
Chairman Dawson reported that one unexpired term exists on the Parks Conservancy of New Hanover
County, Inc. Board of Directors with three applications available for consideration and requested nominations from
the Board.
Commissioner Zapple nominated Aileen Sutton. Vice-Chairman Barfield seconded the nomination.
Chairman Dawson nominated Comer Lyons.
Vote Result:
The Board voted 4 to 1 to appoint Aileen Sutton to an unexpired term on the Parks Conservancy of
New Hanover County, Inc. Board of Directors with the term to expire June 30, 2017.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Dawson reported that one person had signed up to speak on non-agenda items.
Deirdre Dunn, a resident of the Castle Hayne area, expressed concern about wild animals invading
residential areas; in particular, she has experienced some losses of domestic animals due to coyotes. She requested
assistance or suggestions in getting rid of coyotes in her community. County Manager Coudriet responded that staff
would contact the Sheriff, who administers animal control operations, and ask him for suggestions.
ADDITIONAL ITEM
:
Chairman Dawson thanked the Board for the opportunity to serve as Chairman and said that it was an
honor to serve the Board, staff, and citizens of New Hanover County.
Chairman Dawson wished everyone a peaceful and joyful holiday season.
ADJOURNMENT
There being no further business, Chairman Dawson adjourned the meeting at 8:35 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.