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2019-01-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JANUARY 7, 2019 PAGE 269 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 7, 2019, at 4:00 p.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairwoman Julia Olson-Boseman; Commissioner Patricia Kusek; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Derek Macleod, St. Andrews-Covenant Presbyterian Church, provided the invocation and Commissioner Woody White led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of December 17, 2018. Approval of Appointments of Commissioners to Various Boards and Committees – Governing Body The Commissioners approved the finalized list of New Hanover County Commissioner appointments to various Boards and Committees for 2019. A copy of the list of Commissioners appointed to County Boards and Committees for 2019 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 21.1. Adoption of a Resolution for Inmate and Staff Food Services Contract Award to Summit Food Services – Sheriff’s Office The Commissioners adopted a resolution to award the inmate and staff food services contract to Summit Food Services. Four proposals were received in response to the County's solicitation. However, of the four received, only Aramark and Summit earned the required number of points to advance to phase two of the evaluation process. Aramark and Summit advanced to phase two of the process which included interviews and price comparison. The committee subsequently requested clarification related to staff dining. They were asked to revise and resubmit to the County their Best and Final Offer (BAFO). Vendor Inmate Staff Total Annually Summit 1.528 1.528 3.056 $1,208,648 Aramark 1.508 1.537 3.045 $1,194,139 Staff recommended Summit Food Services be awarded the contract to provide inmate and staff meals in the New Hanover County Detention Facility. Primary reasons for the recommendation included the following: 1.There will be no disruption in service due to transition/training 2.Proposals did not offer a significant reason to change vendors 3.Outstanding performance during Hurricane Florence 4.Partnered with the New Hanover County Sheriff’s Office to achieve nationally recognized accreditation through the American Correctional Association 5.Aramark received unfavorable attention in the media due to service A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 21.2. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF REQUEST BY RHONDA S. WILLIAMS ON BEHALF OF THE PROPERTY OWNER, DELORES ANN FLOWERS, FOR A SPECIAL USE PERMIT TO OPERATE A CHILD CARE CENTER WITHIN AN EXISTING SINGLE-FAMILY DWELLING LOCATED AT 4734 GORDON ROAD (S18-05) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JANUARY 7, 2019 PAGE 270 Chairman Barfield opened the public hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Brad Schuler Ken Vafier Wayne Clark Jeff Petroff Amy Kimes Rhonda Williams Delores Flowers Jalisa Neal William Mike Chairman Barfield further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. He then asked Current Planner Brad Schuler to start the presentation. Current Planner Brad Schuler presented the request by Rhonda S. Williams on behalf of the property owner, Delores Ann Flowers, for a special use permit (SUP) to operate a child care center within an existing single-family dwelling located at 4734 Gordon Road. A "family care home" is currently in operation at the dwelling (Rhonda's Precious GEMS). The Zoning Ordinance currently classifies child care facilities as two separate uses: child care centers and family child care homes. The primary distinction between the two uses is the number of children allowed to be cared for. A family care home may care for up to eight children (maximum of two preschool-age children) and is typically located within a residence. A child care center may care for more children and is usually located in a more commercially-oriented facility, although they may also locate within a residence provided they do not care for more than 12-15 children, depending on age (per state requirements). This application would allow for the existing child care operation to expand from caring for a maximum of 8 children to a maximum of 12 children. The North Carolina Department of Health and Human Services (NC DHHS) regulates these facilities and imposes additional standards that address a variety of safety and health related issues. In addition to obtaining the SUP, the applicant must also obtain approval from NC DHHS and the appropriate county departments prior to operating the child care center. The surrounding area is zoned R-15 and closer to I-40 there are some commercial uses and two high density developments that are currently under construction. To the north of the site is a single-family residential neighborhood, and to the south and east is mostly undeveloped land. The subject property is five acres and the portion that is used for the house and daycare center utilizes a little over half an acre of the property. Access is provided to the subject property from Gordon Road from an existing driveway. The site plan submitted with the application reflects four parking spaces for the use as required by the Zoning Ordinance. Two spaces are required for the single-family dwelling and two spaces are required for the child care center. The backyard is also fenced in and contains playground equipment. The proposed child care center is expected to generate 18 trips in the AM and PM peak hours. According to the North Carolina Department of Transportation (NCDOT), trip generation for daycare centers should be based on the square footage of the center. The trip generation for this request reflects the approximate total square footage of the existing home, although only a portion is used for the child care operation. No increase in the size of the home is proposed. Staff does not anticipate this request would have a substantial traffic impact because if the proposed SUP is approved, it would allow only four additional children to be cared for at the center. The 2016 Comprehensive Plan designates the subject property as Urban Mixed Use, the intent of which is to provide a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. The proposed child care center is generally consistent with the types of commercial uses encouraged in the Urban Mixed Use place type. Four conclusions are required to be reached supported by findings of facts based on competent material and substantial evidence and testimony in order to approve a SUP: 1.The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2.The use meets all required conditions and specifications of the Zoning Ordinance. 3.The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4.The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JANUARY 7, 2019 PAGE 271 The Planning Board considered this application at its December 6, 2018 meeting and recommended approval (6-0) of the application with the following condition: 1.The child care center shall care for a maximum of 12 children at any one time. Chairman Barfield thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. Delores Flowers, the property owner of 4734 Gordon Road, stated she supports her tenant, Rhonda Williams, in applying for the SUP for a child daycare center. She then asked Ms. Williams to continue with the presentation. Ms. Williams stated that she is requesting an SUP to expand from caring for a maximum of 8 children to a maximum of 12 children. She provided an overview of the state requirements and licensing she has in place to operate a child care center. She has started the inspection processes and has already passed the fire inspection. She is in the process of completing the building and sanitation inspections. As required, she also completed a two-day pre-licensing class. The fence for the play area exceeds the four-foot height requirement as it is six-feet high. The facility also meets the requirements of having 25-square feet of space inside and 75-square feet outside per child. She has a total of approximately 350-385 square feet, but is actually using 500 square feet. Ms. Williams does agree with the four points Mr. Schuler made during the staff presentation. She is already operational. In the zoning area, she does service some of the children that live in the area and also from different counties (Onslow, Pender, and Brunswick). The location is good for easy access on/off to I-40 which parents have thanked her for and she believes it is a good location because of the ease of access. Again, she is requesting an SUP to add four more children to the eight she already takes care of. Some families have multiple children and she can only take what she is allowed to and has to have the parents take the other children to other daycare facilities. If the Board grants the SUP, it will help not only her but the community and their families. Chairman Barfield thanked Ms. Williams for her presentation, announced that two people signed up to speak in favor and there was no one signed up to speak in opposition. He asked the speakers to step forward to provide their remarks. Jalisa Neal, a resident of Briarcliff Circle, spoke in favor of the request stating that before her children started attending Ms. William’s center, she struggled to find daycare for them. She works at the hospital and due to working 12-hour shifts, it can be hard to find a provider that opens at 6:00 a.m. or earlier and sometimes she has to work until 8:30 p.m. Ms. Williams has been her saving grace in that she will keep the children late. Ms. Williams has been able to provide her peace of mind knowing that when she does work late, her children are being cared for, are safe, fed, and their homework gets done. She and Ms. Williams have developed a relationship that is beyond the normal childcare provider and parent relationship. She would greatly appreciate the Board granting the SUP and knows some of her coworkers who would like to place their children in this center would as well. William Mike, a resident of Gordon Road, spoke in favor of the request stating his wife and he concur that Ms. Williams has been a delight since moving in next door to them. They love hearing the chatter of the children’s voices and the clucking of the two egg laying hens that are on the property. He and his wife are in favor of the expansion of the child care center and hope the Board will grant the request. Chairman Barfield asked Ms. Williams if she agrees with staff findings and the proposed conditions. Ms. Williams stated she does agree. Chairman Barfield closed the public hearing and opened the floor for Board discussion. Hearing no discussion, Chairman Barfield asked for the Board’s direction on the request. Motion: Commissioner White MOVED, SECONDED by Commissioner Kusek, to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the finding of facts included in the staff summary, and with the condition as recommended by the Planning Board: 1.The child care center shall care for a maximum of 12 children at any one time. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield stated he appreciates what Ms. Williams is doing to provide this service. A recent news report stated there are daycare deserts throughout this country. Some communities are unable to get employees to come into work because of the lack of daycare. He thanked Ms. Williams for the work she is doing. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 75. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that one person had signed up to speak on non-agenda items and invited Ellie Klein to the podium. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JANUARY 7, 2019 PAGE 272 Ellie Klein, a resident of Old MacCumber Station Road, declined to comment. ADDITIONAL AGENDA ITEMS OF BUSINESS County Manager Coudriet reminded the Board it would be meeting with the local legislative delegation on th Tuesday, January 8 at 8:30 a.m. in the Harrell Conference Room. The purpose of the meeting is to discuss the County’s local legislative goals and items the Board would like to see accomplished on behalf of the County. Chairman Barfield stated he is looking forward to the meeting and the public is welcome to attend to hear the discussion. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 4:26 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and checkout at all New Hanover County Libraries and online at www.nhcgov.com.