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2020-08-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 627 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 10, 2020, 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: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield, Jr.; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; Deputy County Attorney Sharon Huffman; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Gayle Tabor, Church on Tap, provided the invocation and Chair Olson-Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman stated that Vice-Chair Kusek requested that Consent Item #2 Adoption of Second Amendment Rights of the Citizens of New Hanover County Resolution be removed for further discussion and consideration and requested a motion to approve the remaining items on the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White, to approve the remaining 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 July 13, 2020. Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Road Resolution in support of adding the following road to the state system: Shire Lane located within the Shenandoah Woods and Belmar Forest subdivisions in New Hanover County (Division File No: 1263-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.2. Approval of Renaming of Road Network Within Long Leaf Park – County Manager The Commissioners approved renaming the entire road network within Long Leaf Park as Freedom Way Drive. Within the park, three names have been referenced for different sections of the road network. These include Hugh Mcrae Park Road (incorrectly spelled Mcrae), Lake Avenue, and Freedom Way. However, only Hugh Mcrae Park Road is officially recognized. The City of Wilmington, which administers addressing matters within their jurisdiction, has indicated that the name Freedom Way Drive is acceptable. Adoption of Immunization Awareness Month Proclamation – Health and Human Services The Commissioners adopted a resolution recognizing August 2020 as Immunization Awareness Month in New Hanover County. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.3. Approval of Nine Donations for Accession into the Museum’s Permanent Collection - Museum The Commissioners approved a list of nine items to be accessioned into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at the meeting on July 15, 2020 and a list of the items is available for review at the Cape Fear Museum. Adoption of Budget Amendment – Budget The Commissioners adopted the following budget amendment which amends the annual budget ordinance for the fiscal year ending June 30, 2021:  Fire Rescue 21-002 A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.4. Discussion and Adoption of Second Amendment Rights of the Citizens of New Hanover County Resolution – Governing Body Vice-Chair Kusek read the resolution into the record made a motion to adopt it as presented. Commissioner White seconded the motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 628 Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner White, to adopt the resolution as presented. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.1. REGULAR ITEMS OF BUSINESS CONSIDERATION AND APPROVAL OF BUDGET AMENDMENT 21-001 FOR THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY (CARES) ACT AND HELP AMERICA VOTE ACT (HAVA) Chief Financial Officer Lisa Wurtzbacher presented information concerning budget amendment 21-001 for the CARES Act and HAVA funds highlighting the following:  CARES Act: New Hanover County Action Plan:  Background:  Board of County Commissioners approved budget amendment and spending plan for $4,064,953 CARES Act funding May 18, 2020  N.C. Session Law 2020-80 appropriated $4,550,639 additional funding for coronavirus relief  25% of total CARES funding must be allocated to municipalities within the County border and other spending guidelines remain unchanged  HAVA and CARES Act funding of $220,810 was also received to assist with the 2020 elections  Use of Funds to Date:  New Hanover County has incurred $2.7 million in operating expenses and additional expenses for staff time:  Includes small business grant funding of $1.3 million and disbursements to municipalities of $401,000  Some expenses incurred will be reimbursed by FEMA: Two requests totaling $781,000 have been made  Allocation Adjustments: Expense Type Original Revised Payroll $ 720,000 $ 2,700,000 Public Health Nurse and Temp 60,000 560,000 Operational Expenses 1,533,911 524,344 Municipal Reimbursements 401,042 2,153,898 Small Business Grant 1,300,000 1,300,000 Community Support 0 $1,300,000 Senior Support 50,000 77,350 Total CARES Funding Plan $ 4,064,953 $ 8,615,592  Community Support Program:  Childcare Assistance:  Childcare subsidy of $155 per child per week for 12 weeks  Intended to assist parents who need childcare due to schools planned reopening virtually  Household income of 300% poverty income level (PIL) or less and less than $5,500 in accessible resources  Housing Assistance:  One-time benefit of up to $2,000  Intended to avoid eviction/foreclosures for families affected by COVID  Household income of 300% of PIL or less and less than $5,500 in accessible resources  Requested Action:  Approve Budget Amendment 21-001 for the use of additional CARES Act funding In response to Board questions, Ms. Wurtzbacher stated payroll has increased to $2.7 million not necessarily due to additional hours worked. The CARES Act states that if an individual's job duties have been substantially changed or if they are in public safety or public health, that they are considered substantially dedicated. It is not additional hours that were incurred. It is anything that is able to be utilized with CARES funding, so general fund dollars are not used and will go into the fund balance. In response to Board questions regarding the community support program, Assistant Social Services Director Tonya Jackson stated that the income will be based on the income from the onset of the pandemic, which will be April 2020 going forward. All income a person has received during that timeframe will be reviewed and an average will be determined for eligibility. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 629 In response to Board questions regarding direct support for the arts and/or cultural community, County Manager Coudriet stated staff put together a plan to have the most benefit across the community, but it is also consistent with the CARES Act funding. Most of the arts and/or cultural institutions have largely had lost revenue and that is clearly not a legal expense as it relates to CARES Act funding. If staff were to ask the Board to appropriate money to any institution, including the County, for the purposes of replacing lost revenue, the County would be in violation of federal law. The other option is that those institutions will now be eligible through the North Carolina Department of Commerce for grants that deal with lost payroll for up to two months. Also similar to the County, if it is not lost revenue but other expenses that are associated with responding to COVID, they have the opportunity to pursue federal reimbursement through the Federal Emergency Management Agency (FEMA). The plans to this point have not factored for the non-profit community at large, because staff thinks they have viable alternatives. In most instances it is business interruption in the form of lost revenue and it is staff’s opinion and understanding that would not be an eligible expense under the CARES Act funding. The $1.3 million grant the County issued for small businesses was for the specific purposes of maintaining payrolls and expenses associated with COVID expenses. Those are expenses minus lost revenue that non-profits are eligible for. The expenses they incurred to prepare for and respond to the COVID pandemic protective measures, etc., are things that they are eligible to pursue as a non- profit through FEMA. As to how other counties, such as Guilford, are able to set aside funds for arts and/or cultural organizations in their communities, County Manager Coudriet stated he could not speak to what other counties are doing. It is probably not being done in the context of lost revenue, but rather helping organizations address expenses in preparing for localized response which is a legitimate policy that this Board could consider. Again, the County’s position from a staff perspective has been to support those entities that do not really have alternatives through other forms of state or federal support as where the non-profit communities that are being referenced do, such as FEMA. He noted that there is community block grant (CDBG) money that the state will be making available that addresses payroll expenses. The County has an Office of Recovery and Resiliency and the director is Beth Schrader. Organizations can reach her at 910-798-7491 or at bschrader@nhcgov.com to discuss the options available through FEMA. County Manager Coudriet stated that again, FEMA will not pay for lost revenues and neither could the CARES Act funding. In response to Board questions regarding evictions or foreclosures, Ms. Wurtzbacher stated residents will have to be in a state of being evicted or foreclosed on. Ms. Jackson stated a late notice, eviction papers, or a notice of foreclosure/notice of intent to foreclose from the mortgage company will have to be provided as verification. Each family will have to go through an individual family assessment to determine eligibility for assistance. The response time is a goal of three days from the date of application. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Chair Olson-Boseman, to adopt budget amendment 21-001 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.5. CONSIDERATION AND APPROVAL OF THE 2019 ANNUAL TAX SETTLEMENT Tax Administrator Allison Snell stated that it is a requirement to present to the Board on an annual basis the tax settlement for the fiscal year end for the County’s general fund. For the New Hanover County General Fund, the adjusted total levy is $173,271,231.97 with a total uncollected balance of $1,556,948.02 with a 99.10% collection rate. For debt service, the adjusted total levy was $22,747,621.18 with an uncollected balance of $204,420.39 with a 99.11% collection rate. The Fire District had an adjusted levy of $10,869,463.14 with an uncollected balance of $99,323.35. This resulted in a 99.09% collection rate. Overall, the County is about a half a million dollars short this year from where she thinks the County would have been and was on target to hit, if not exceed, in the percent of collection that was done last year. COVID did effect collections, but the County is still in a good position. In response to Board questions, Ms. Snell confirmed that her staff backed off of enforced collections for this year once COVID hit due to people being out of work. She felt it was the right thing to do along with the guidance of County leadership. She does anticipate and hopes the collection rate will go back up for the next year. She hopes that when the property tax bills go out that citizens will take advantage of the opportunity to utilize the contactless payment options. There are also many different types of payment plans the she and her staff are more than willing to help arrange for citizens. Hearing no further discussion, Chair Olson-Boseman thanked Ms. Snell for her presentation and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White, to approve the 2019 Annual Tax Settlement. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the report is available for review in the Tax Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 630 PUBLIC HEARING AND APPROVAL OF REQUEST BY SEACOAST CHRISTIAN ACADEMY ON BEHALF OF THE PROPERTY OWNER, COASTAL COMMUNITY BAPTIST CHURCH, FOR A SPECIAL USE PERMIT TO OPERATE A CHILD CARE CENTER WITHIN THE R-15, RESIDENTIAL DISTRICT, LOCATED AT 7721 ALEXANDER ROAD (S20-02) Chair Olson-Boseman opened the public hearing and announced that the special use process requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Gideon Smith Wayne Clark Brad Schuler Paul Boney Greg Hales Allison Jordan Chair Olson-Boseman 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. She then asked Current Planner Gideon Smith to start the presentation. Current Planner Gideon Smith presented the request by Seacoast Christian Academy (Seacoast) on behalf of the property owner, Coastal Community Baptist Church, for a Special Use Permit (SUP) to operate a child care center within the R-15, Residential District located at 7721 Alexander Road. The center, Seacoast Christian Academy, currently operates within the Coastal Community Baptist Church during weekdays from 8:30 a.m. to noon. As proposed, the child care center will expand their hours of operation to 7:30 a.m. to 3:00 p.m., Monday through Friday. The current operation is limited to providing care for less than four hours per day due to North Carolina licensure requirements. Because of the limited hours, the existing daycare is considered an accessory use to the existing church and is permitted by-right. The expansion of the operation hours changes the classification of the use from an accessory use to a principal use that requires an SUP. The Coastal Community Baptist Church site is currently under construction to relocate all church related activities to a new sanctuary, located immediately north of the existing structure where daycare is currently provided. The construction is not related to the SUP request because religious assemblies are allowed by-right in the R-15 zoning district. The subject site is located just north of Bayshore on the western side of Market Street in the Ogden community. The site is directly surrounded by residential uses to the north, east, and west and there is an office park abutting the site to the south consisting of office, personal care, and child care uses. Seacoast will operate out of the existing building and the modular classrooms when the church services shift to the new sanctuary. Based upon the current teacher to child ratio and square footage of the existing facilities, the applicant has indicated that the center will have a maximum enrollment capacity of 120 children, which is generally consistent with the current operation with approximately 110 students enrolled. Per the applicant there will be two drop off periods, one between 7:30 a.m. - 8:00 a.m. and another between 8:45 a.m. - 9:15 a.m., allowing for staggered arrivals. Additionally, there will be two pick up periods, one between 12:15 p.m. - 12:45 p.m. and another between 1:45 p.m. - 2:45 p.m., allowing for staggered pick up. The applicant anticipates that the majority of children will be picked up within these time frames. However, they also anticipate that some children will be picked up earlier than the standard time frames. The subject site is currently accessed by an existing driveway located along Alexander Road (SR 1355) and a shared driveway connection between the subject site and the existing office park to the immediate south that connects to Market Street via Marshall Court. The ITE Trip Generation Manual provides trip generation estimates for child care centers based upon the total number of children enrolled, which translates to approximately 90 AM peak hour trips when applied to this request. No notable traffic is expected to be generated during the traditional 5:00 p.m. peak hour because the last pick up time is before 3:00 p.m. There are two North Carolina Department of Transportation (NCDOT) projects in the area. One is the Military Cutoff extension project and the other is the Market Street median project, both of which are expected to be completed in 2023. Mr. Smith reviewed a graphic illustrating the future turning movements that will be possible once the Market Street median project is complete. Whenever motorists are traveling northbound, they will be able to use to left-overs that access Alexander Road and whenever leaving the site, they will need to make a right onto Market Street and then make a U-turn at Torchwood Boulevard/Bayshore Drive in order to travel north. There are three active subdivisions in the area, all of which are on the eastern side of Market Street. The key points when it comes to compatibility are that there will be no physical changes to the site as a result of this proposal. Traffic is estimated to be similar to what is onsite today since the total number of children enrolled is about the same, and lastly, there are similar developments immediately adjacent to the site. The 2016 Comprehensive Land Use Plan classifies the subject site as Community Mixed Use and General Residential place types. The proposed child care center is in line with both the institutional services intended for the Community Mixed Use areas and the types of supportive civic development allowed for in General Residential areas. In addition, this proposal provides child care services that can support nearby residential neighborhoods. Mr. Smith then reviewed the required conclusions the Board must find in order to issue the 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 631 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 Comprehensive Land Use Plan for New Hanover County. These conclusions must be based on substantial and competent evidence presented at this hearing. Staff has provided preliminary findings in the staff report, however, the Board does have the discretion to add to or modify these findings based on substantial evidence provided during this meeting. The Planning Board considered this application at its July 9, 2020 meeting and recommended approval of the application (7-0) with the following condition: 1. The child care center shall be limited to a maximum capacity of 120 children. Chair Olson-Boseman thanked Mr. Smith for the presentation and invited the petitioner to make remarks. Greg Hales, Pastor of Coastal Community Baptist Church, stated the church was started in 2010 in Murrayville Elementary School and the few subsequent years from then the church was blessed with growth and a 24-acre campus in the Bayshore area. The dream really was from the very beginning to one day have a half-day preschool ministry as part of the church. In the fall of 2016, the church was able to start Seacoast in the fall and under the leadership of Allison Jordan, it has thrived and been a blessing to many families in the community and the plan is to continue providing those opportunities for the families in the community for many years to come. This SUP request, if approved, will be a great help in making that possible. He thanked the Board for the opportunity to speak and for the Board’s service to the County. He stated Ms. Jordan would provide the detailed presentation on the request. Allison Jordan, Director of Seacoast, presented information on the SUP request, highlighting the following:  Seacoast operates in the existing facility of Coastal Community Baptist Church where services have been held since 2011. The preschool operates during weekdays and the church services are on weekends.  Coastal Community Baptist Church began Seacoast in the fall of 2016 as a half-day preschool. Seacoast is designed to prepare a child for their future education by building on the elements of play and learning. Preschoolers learn best through their play and we aim to build a great academic foundation through these formative years through music, art, physical education (PE), and academics all while they develop a love of learning.  Seacoast’s mission statement: To provide a loving and safe environment that is Christ-centered and focused on meeting each child’s social, academic, physical, and spiritual needs within an active learning environment.  Seacoast currently operates half-day (four hours or less) to children ages 16 months through six years of age and is open to the community.  Seacoast operates with a director overseeing the school under the administration of the church. There are two teachers in each classroom and additional staff to teach extracurricular classes such as music, art, and PE.  Seacoast maintains high levels of security on campus and inside the facility with magnetic locked doors, security cameras, and also criminal background checks on all staff. The facility has maintained building and fire inspections.  It strives to be a ministry to its students, their families, and also the community.  Seacoast has been highly recommended throughout this community in its four years of service and has been nominated through StarNews Media Best of the Best in Southeastern NC for best preschool in 2018 and 2019.  Seacoast operates eight different classrooms. Some of the classes operate on Monday/Wednesday/Friday, some on Tuesday/Thursday, and some Monday-Friday. With students attending on different days, the traffic coming and going from the facility at staggered times has not had a significant impact on current traffic on Market Street.  Current enrollment is 108 students but not all are attending the same days. Vehicles are substantially less as there are sibling groups and carpools. Drop off and dismissal also is staggered at a couple different times.  With the projected future of Seacoast, the SUP will offer it longer hours and give flexibility to help even more with the traffic flow. There will be the ability to offer longer hours in some cases to help with working parents and be able to split drop off and pick up times more than what it currently has. It will abide by requirements for teacher/student ratios, square footage requirements for students in classrooms, and also the requirement on this SUP of 120 students.  Seacoast is going through the process to legally operate a child care facility longer than four hours and will meet all local and state requirements. It will operate within the guidelines set under the NC Division of Child Development and Early Education.  Child care centers are permitted by SUP in the R-15 zoning district and Seacoast is currently going through this process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 632  The site will have no physical changes and all activities will take place within the existing facility, the two modular classrooms, and the fenced in playground. Initial approval has been given by Environmental Health as well.  Seacoast is meeting parking and landscaping requirements.  Seacoast has been a valuable service to this community in its current operation and has not appeared to injure the value of the abutting property. The site will have no physical changes in future operation that will injure the value as well.  This proposed use of the child care facility is intended to provide convenient support services for nearby residents and is in line with Community Mixed Use areas and the types of supportive civic developments allowed for in General Residential areas. It provides child care services that can support nearby residential neighborhoods. Ms. Jordan concluded the presentation with the review of the facility floor plan noting that the slide shows the playground on the left and the two modular classrooms, and that Seacoast is established and well known for its half-day program in the community. Seacoast is ready and willing to offer more options and longer hours for parents in the community and there is a great need as continued growth being seen in the area. The desire is to continue to give students a loving, safe, and fun learning environment where foundations are set for their future education. The organization believes all children are a blessing and look forward to helping them begin a great love of learning. Chair Olson-Boseman thanked Pastor Hales and Ms. Jordan for the presentation, stated that no one signed up to speak in favor or in opposition to the request and closed the public hearing. Hearing no further discussion, Chairman Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White 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 report and with the following staff suggested condition: 1. The child care center shall be limited to a maximum capacity of 120 children. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 82. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS Consideration and Adoption of Budget Amendment 21-003 for Storm Debris Pickup County Manager Coudriet stated that staff is requesting the Board adopt a budget amendment in regard to debris pickup for Hurricane Isaias and asked Ms. Wurtzbacher to provide an overview of the request. Ms. Wurtzbacher stated that debris will be picked up quickly. The budget amendment for debris removal includes the removal contractor and the monitor contractor. The $4 million amount is staff’s cost estimate based on 300,000 cubic yards of debris to be picked up and will come from the Environmental Management fund balance. Based on staff unaudited numbers, it is believed there is sufficient fund balance to cover this amount. In response to Board questions, Ms. Wurtzbacher stated she has not been involved in the debris estimate discussion. She understands from Environmental Management Director Joe Suleyman that it is the estimate that was given to her staff based on his staff’s discussions with the contractors. She confirmed that debris pick up started today. County Manager Coudriet confirmed that there will be two debris pick up passes. Information about debris pick up can be found on the Environmental Management website under recycling. Hearing no further discussion, Chairman Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner White MOVED, SECONDED by Chair Olson-Boseman, to adopt budget amendment 21-003 for storm debris pickup. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 15.6. Consideration and Approval of a Motion Related to the Newly Created Foundation Chair Olson-Boseman stated she would like to make a motion in regard to the newly created foundation that any members of the New Hanover Regional Medical Center Board of Trustees or any elected official will not be allowed to be on the foundation for a period of two (2) years after leaving office or post. Commissioner Zapple stated he would second the motion. Hearing no further discussion, Chairman Olson-Boseman asked for the Board’s direction on the motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 10, 2020 PAGE 633 Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to approve in regard to the newly created foundation that any members of the New Hanover Regional Medical Center Board of Trustees or any elected official will not be allowed to be on that foundation for a period of two (2) years after leaving office or post. Upon vote, the MOTION PASSED 4 TO 1. Vice-Chair Kusek dissenting. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 4:46 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.