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2012-04-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 351 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 2012, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,NC. Members present: Chairman Ted Davis, Jr.: Vice-Chairman Jonathan Barfield, Jr.: Commissioner Jason R. Thompson: Commissioner Brian M.Berger:and Commissioner Richard G. Catlin. Staff present: County Attorney Wanda M. Copley: Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell. NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Floyd Morris,The Pentecostals of Wilmington,provided the invocation. Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis asked if anti member of the Board would like to remove or discuss anti item on the Consent Agenda. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review Meeting held on March 8, 2012 Regular Meeting held on March 12,2012 Ratification of Submission of a Request for Quotation to the US Consumer Product Safety Commission — Health Department The Commissioners ratified the Request for Quotation submitted to the US Consumer Product Safety Commission in the amount of$16,000 for the inspection of eighty public pools and spas to determine compliance with the Virginia Graeme Baker Pool and Spa Safety Act. No local match is required. A copy of the Request for Quotation is available for review in the Health Department. Ratification of Submission of a Grant Application to the North Carolina Department of Health and Human Services,Division of Public Health,Women's and Children's Health Section—Health Department The Commissioners ratified the submission of a grant application to the North Carolina Department of Health and Human Seivices, Division of Public Health, Women's and Children's Health Section in the amount of $7,000. If awarded,the fiords will be used to train staff in Motivational hrteiviewing. No local match is required. A copy of the grant application is available for review in the Health Department. Acceptance of Grant Award from The Corporation for National and Community Service for the Retired Senior Volunteer Program—Parks,Gardens and Senior Resources The Commissioners accepted grant fiords from The Corporation for National and Community Seivice in the amount of$111,097. The fiords will be used for the Retired Senior Volunteer Program and is for year one of a three-year cycle. The local match in the amount of $47,613 will be requested in the FY2012-2013 department budget. A copy of the grant application is available for review in the Parks, Gardens and Senior Resources Department. Adoption of Road Abandonment Resolution—Planning Department The Commissioners adopted the Road Abandonment Resolution as requested by the Cape Fear Public Transportation Authority to abandon from State maintenance a portion of Division Drive(SR-2813)located near the 1500 block of Castle Hayne Road and the ramp to Martin Luther King Boulevard to the east(SC-91,01/12). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 5.1. Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2012: 12-175 - Social Seivices NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 352 12-182 - Social SeivIces 12-186-Emergency Management&911 Communications 12-189-Drug Court 2012-41 - Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXV,Page 5.2. REGULAR ITEMS OF BUSINESS RECOGNITION OF CITIZENS ACADEMY CLASS The Board recognized the following persons that completed the Citizens Academy class and presented them with a certificate of completion: Jack Bergman John Hirmant Virginia Samuel Selena Burke Rina Messler Liz Schulz Richard Casson PhAlis Millette Frie Schulz Carole Ellis Amanda Morgan Art Taber William Fuller Richard Pfeiffer Bobbi-Thomas Thelma Gates Marge Por7azzo Marilee Tremlet ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2012 AS SEXUAL ASSAULT ACTIVISM MONTH IN NEW HANOVER COUNTY Coastal Horizons Center, Inc. CEO Margaret Weller-Stargell submitted the request for the Board's consideration to proclaim April 2012 as Sexual Assault Activism Month in New Hanover County. Crisis Inteivention Sei ices Director Amy Feath and Coastal Horizons Center staff was present to receive the proclamation. Chairman Davis read the proclamation into the record and moved for adoption. Motion: Chairman Davis MOVED, SECONDED by Commissioner Catlin, to adopt the proclamation recognizing April 2012 as Sexual Assault Activism Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.3. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2012 AS CHILD ABUSE PREVENTION MONTH IN NEW HANOVER COUNTY Department of Social Sei ices Assistant Director Wanda Marino submitted the request for the Board's consideration to proclaim April 2012 as ChihlAbuse Prevention Month in New Hanover County and was present to receive the proclamation as well as representatives from the community. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Berger, to adopt the proclamation recognizing April 2012 as Child Abuse Prevention Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.4. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2012 AS FAIR HOUSING MONTH IN NEW HANOVER COUNTY Planning and Inspections Director Chris O'Keefe and Community Development Plarmer Wanda Coston submitted the request for the Board's consideration to proclaim April 2012 as Fair Housing Month in New Hanover County and were present to receive the proclamation. Commissioner Berger read the proclamation into the record. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the proclamation recognizing April 2012 as Fair Housing Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 353 ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2012 AS NATIONAL COUNTY GOVERNMENT MONTH IN NEW HANOVER COUNTY Community Relations Coordinator Charles Smith submitted the request for the Board's consideration to proclaim April 2012 as National County Government Month in New Hanover County and was present to receive the proclamation. The theme for this year's celebration is``Healthy Counties,Healthy Families." Commissioner Catlin read the proclamation into the record and moved for adoption. Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing April 2012 as County Government Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.6. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 8-14, 2012 AS PUBLIC VATETY TELECOMMUNICATORS WEEK IN NEW HANOVER COUNTY AND PRESENTATION OF THE NEW HANOVER COUNTY TELECOMMUNICATOR OF THE YEAR AWARD TO ERICA BROWN Emergency Management and 911 Communications Director Warren Lee and 911 Manager Debora Cottle submitted the request for the Board's consideration to proclaim April 8-14, 2012 as Public Safety Telecommunicators Week in New Hanover County and were present to receive the proclamation. Commissioner Thompson read the proclamation into the record and moved for adoption. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Berger, to adopt the proclamation recognizing April 8-14, 2012 as Public Safety Telecommunicators Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Director Lee presented the New Hanover County Telecommunicator of the Year Award to Telecommunicator Erica Brown. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXV,Page 5.7. ADOPTION OF RESOLUTION DISPOSING OF SURPLUS PROPERTY ACCORDING TO PROCEDURES OUTLINED IN NORTH CAROLINA GENERAL STATUTES — CHAPTER 160A, ARTICLE 12 County Manager Bruce Shell presented the request for the Board's consideration to adopt the resolution approving the disposal of surplus property according to the procedures outlined in North Carolina General Statutes— Chapter 160A, Article 12. In response to concerns raised at the Board's meeting on March 12, 2012 in reference to items labeled as "no longer needed," staff has reviewed these items and a more detailed explanation has been provided. Staff is proposing to utilize the seivices of GOVDeals, an online Internet based provider seivicing government entities and to dispose of any items not sold using this seivice by any other method authorized by the Statutes. Funds received go back to the fund where the purchase was made. Commissioners Catlin and Thompson offered comments concerning the need the Cape Fear Public Utility Authority may have for some of the heavy equipment items and if so,they should be donated to them. Commissioner Thompson suggested staff investigate alternative on-line auction companies when selling heavy equipment items. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Commissioner Catlin, to adopt the resolution approving the disposal of surplus property according to the procedures outlined in North Carolina General Statutes— Chapter 160A, Article 12 and directing staff to review the items with the Cape Fear Public Utility Authority to determine any need on their part. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.8. PUBLIC COMMENTS RECEIVED AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 12-168 Chairman Davis presented an overview of the request stating that at the Board's March 12, 2012 meeting the Consent Agenda item concerning accepting grant funds in the amount of $8,899 from the North Carolina Division of Public Health for family planning services and earmarked by the New Hanover County Board of Health for Intrauterine Devices (IUD's) was pulled for additional information and discussion. Based on the information received by staff at that time, the Board voted unanimously not to accept the grant funds based on statements by staff that the IUD's would be used for women who were being irresponsible in taking birth control pills. He apologized for any comments that were made at the Board's March 12,2012 meeting that offended anyone. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 354 Chairman Davis continued reporting that since the March 12, 2012 meeting he has gathered the following facts to assist the Board in reconsideration of the request to accept the grant fiords: • The Health Department's Family Planning Sei ices receives finding of approximately $842,000 and seines approximately 1,865 customers. • After a short time without an Advanced Practice Clinician(APC)on staff, two APC's were hired under the supervision of Dr. Janeal Ryan. The APCs are trained to provide the IUD devices and procedures and help the client to make a decision for the best family planning method. • The charge for the IUD sei ice is $705; if a person has no insurance, the Health Department uses a sliding scale chart for the charge. • The Health Department and the Board of Health has recommended that the finding of$8,899 be used to purchase 65 IUD devices for the 64 women on their waiting list. • Presently the Health Department has an inventor-of 20,000 condoms and 2,876 packs of birth control pills. • The use of condoms is recommended for prevention of diseases and pregnancies;birth control pills and IUD's cannot prevent AIDS or sexually transmitted diseases. • There are risks associated with IUD devices such as pelvic inflammatory disease, uterine perforation, and increase bleeding concerns. Chairman Davis continued that the matter before the Board is not about denying women access to contraceptives but deciding whether or not to accept the grant finds to be used for IUD's as recommended by the Health Department and the Board of Health. He asked County Manager Bruce Shell and Health Director David Rice to confirm the validity of his comments, and they agreed with his accounting of the facts. He requested staff proceed with the presentation. Health Director David Rice presented the details of the additional grant award stating that the Board has previously approved Family Planning Budget Ordinance Amendments on December 6, 2010 and March 14, 2011. At their meeting on March 7, 2012, the Board of Health voted to use the additional fiords for Intrauterine Deg-ices (IUD's)to prevent pregnancy. Currently there are sixty-four women on the waiting list for long-term contraceptives and the additional finds will help meet this need. The current charge per IUD is as follows: Mirena(with hormone) $289.89;ParaGard(without hormone) $137.49;current charge including insertion is in the amount of$705. Chairman Davis announced that the Board will receive public comments on this issue;fifteen minutes from those wishing to speak in favor of the accepting the grant award and fifteen minutes from those wishing to speak in opposition to accepting the grant award. Vice-Chairman Barfield offered comments on how after listening to the wisdom offered by his wife, he must admit he made an error in not voting to accept the funding. If New Hanover County doesn't accept the finds being offered, they will be offered to another county. The following persons spoke in favor of the accepting the grant award: • Rob Zapple, 321 Honeycutt Drive, thanked the Board for revisiting this issue and encouraged the Board to follow the recommendations of the Board of Health for the best use of the fiords. He urged them to accept the grant funding. • Lisa Mansfield, 6712 Piedmont Place, encouraged the Board to reconsider their vote and accept the grant award. • Brandie Stork, 392 Semmes Drive, spoke on the needs of women in New Hanover County encouraging the Board to reconsider their vote and accept the grant funding. • Caroline Neal, 5509 Chelton Avenue, spoke on the need that women have for reliable forms of birth control that can cover a thirty year timeframe and encouraged the Board to reconsider their vote and accept the grant funding. • Dr. Josh Vogel, 6252 Turtle Hall Drive, stated that in his medical opinion it makes no sense to decline the funding: there is no prefect birth control method but IUD's are the best choice. Every- option has risks and benefits with IUD's offering the lowest risk option. He encouraged the Board to reconsider their vote and accept the funding. • Others who signed up to speak in favor of accepting the grant award, but were excluded due to time limitations,included the following: Emilie Swearingen Nancy Reilly Blair Brown Beth Gaglione Jim Nesbit Mari Kittredge Suzanne Wertman Fran Friedman The following person spoke in opposition to accepting the grant award: • Rebecca Trammel thanked the Board for declining the funding stating that IUD's do not protect a woman's health and they are not protection from Sexually Transmitted Diseases or AIDS. If the Board is inclined to accept the funding she requested there be limitations such as for women over riventy-five and that women are made aware of the side effects and be required to sign a waiver holding the County harmless. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 355 Hearing no firrther comments, Chairman Davis closed the floor for public comments. In response to Board questions concerning lawsuits, Director Rice reported that the County has liability insurance in place that would cover the County's liability should there be any lawsuits brought foiNvard. Commissioner Thompson asked Health Department staff for statistics on the amount of patient education provided and the use of family planning items that are currently in-stock at the Health Department with staff reporting that they would have to get back to him with the answers. Commissioner Catlin thanked staff for the extended explanation stating the better informed the Board is, the better decisions they can make. It is the job of a commissioner not to accept grant fiords without a thorough review: grant fiords are not free money, many, if not most,have strings attached. Vice-Chairman Barfield stated that since the fimding resource has been made available, especially during difficult budget times,the county should use every resource. Commissioner Berger offered comments that the human aspect involved needs to be taken into consideration but there is a need to use caution when accepting grant fimding because this is allowing the Federal and State govermnent to dictate how taxpayer fiords are used. Chairman Davis stated that he has always based his decision on facts and what is in the best interest of all citizens, not based on the political wind. He thanked staff for the thorough presentation stating that he wished the Board had received this thorough explanation at their March 12,2012 meeting. Hearing no firrther comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adopt Budget Ordinance Amendment 12-168 for fiscal year ending June 30, 2012 as presented. Upon vote, the MOTION CARRIED 3 TO 2. Commissioners Thompson and Berger voting in opposition. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.9. BREAK Chairman Davis called for a break from 8:14 p.m.until 8:21p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY CLYDE HOLLEY AND PASTOR KENNY CHINN, ON BEHALF OF NORTHSIDE BAPTIST CHURCH, TO REZONE APPROXIMATELY 21.76 ACRES OF PROPERTY LOCATED AT 2501 NORTH COLLEGE ROAD FROM R-15 MEDIUM- DENSITY RESIDENTIAL TO CD(B-2) CONDITIONAL HIGHWAY BUSINESS DISTRICT(Z-915,11/11) Chairman Davis 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: Keiniv Chinn Nicole Dreibelbis Chris O'Keefe Tara Murphy Trov Barboza Current Planner Nicole Dreibelbis presented the request by Clyde Holley and Pastor Kenny Chinn, on behalf of Northside Baptist Church, to rezone approximately 21.76 acres of property located at 2501 North College Road from R-15 Medium-Density Residential to CD (B-2) Conditional Highway Business District. The request is to accommodate a 4,500 square foot fast food restaurant with a drive-thru, commercial sign at the main entrance and expansion of existing church campus with the addition of 259,600 square feet of new buildings. The Planning Board, at their March 1, 2012 meeting, voted 7-0 to recommend approval of the rezoning request and the proposed site plan for the conditional district with the following conditions: 1) all improvements recommended in the final Wilmington Metropolitan Planning Organization approval must be installed for the Conditional Use Permit to be valid: and 2) if in the fixture the church desires to incorporate a firll-time school into the complex a new Traffic Impact Analysis and additional transportation improvements may be required. Further, a firll-time school would be considered a change in use and require an amendment to the Conditional Use site plan. One adjacent property owner questioned the ability to require improvements, after development of the fast food restaurant with drive tln-u,to relieve unforeseen traffic impacts, specifically on Red Hawk Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 356 Tara Murphy, Wilmington Metropolitan Planning Organization Associate Transportation Planner presented an oveiview of the proposed project and the required traffic improvements: Phase L • Realign northern site access to align with Long Ridge Drive: • Constiuct a southbound left turn lane on North College Road with 100 feet storage and appropriate taper: • Constiuct a southbound through right lane on North College Road with 200 feet storage and appropriate taper: • Constiuct a northbound left turn lane on North College Road with 100 feet storage and extending south as a two-wav left turn lane: • Constiuct the eastbound approach of the northern site access to provide one ingress lane and two egress lanes: • Provide a 100 foot internal protected stem or the acceptable equivalent thereof. Phase IL • Provide a 100 foot internal protected stem: • Modify access to a right-in right-out: • Provide a 100 foot Internal Protected Stem and Restrictive Barrier: • Extend the southbound left turn lane on North College Road to provide 500 feet of storage extending to the existing two-way left turn lane: • Optimize the existing signal timing or provide 8 phase signal control operation by replacing the current split side street phasing signal operation. Commissioner Catlin voiced his concern about the safety of the proposed traffic pattern, especially with the high school students going to and from McDonald's to and from school. He recommended an internal access road with one signalized access to College Road:with having only one landowner to work with the opportunity exists to mitigate any safety concerns. In response to Commissioner Catlin's concern, Planner Murphy reported that the traffic improvements and proposed access to the fast food facility was reviewed by NCDOT, as well as the Wilmington Urban Area Metropolitan Planning Organization,and the proposal before the Board is what both agencies were comfortable with approving. In response to the concerns, Planner Murphy suggested the Board speak with the Petitioner's traffic engineer, Daniel Cumbo, for additional recommendations on how to mitigate the concerns. She stated that staffs from the three agencies are comfortable with the recommendations that are set forth in the Traffic Impact Analysis approval letter and that the traffic implication impacts have been mitigated. In response to Board questions, Pastor Chum stated that the church expansion is based on the sale of the property to McDonald's who has agreed with the proposal and conditions that are before the Board. Motion: Commissioner Catlin MOVED, SECONDED by Chairman Davis, to modify the request addressing the traffic concerns that have been presented and bring back a proposal addressing these concerns for Board consideration at their April 16, 2012 meeting. Upon vote, the MOTION FAILED 2 TO 3. Vice-Chairman Barfield, Commissioners Thompson and Berger voted in opposition. Chairman Davis asked if anyone from the public wished to speak in favor of the request. Pastor Chum stated that they understand the twelve month waiting period requirement if the request is denied, confirming that they wish to proceed. Traffic has been a concern in moving the project forward and they have worked diligently with all parties and have agreed to move their present entrance for alignment purposes with Long Ridge Drive. It is very expensive proposition to do this but they recognized the need to be as safe as possible. They agree with the findings of facts and the conditions attached to approval of the request. He requested the Board move forward with approval of the request. The fast food restaurant is a benefit to their church and the community. Chairman Davis asked if anyone from the public wished to speak in opposition to the request,hearing none, he closed the Public Hearing and requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve the request by Pastor Kermy Chirm,on behalf of Northside Baptist Church,to rezone approximately 21.76 acres of property located at 2501 North College Road from R-15 Medium-Density Residential to CD(B-2) Conditional Highway Business District finding that the request is: 1) consistent with the purposes and intent of Policies 4.3, 5.6 and 6.3.9 of the 2006 CAMA Land Use Plan, which refer to the need to maximize effectiveness of commercial uses within close proximity to the markets they seine by ensuring that such commercial nodes do not diminish the quality of life in nearby residential areas and coordination of new development timing coinciding with necessary road improvement completion schedules: and 2)reasonable and in the public interest as this location is adjacent to similarly approved development. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Catlin voting in opposition. In response to Board questions, Director O'Keefe reported that the high school student population was a consideration in the Traffic Impact Analysis: staff supports the approval with the required road improvements. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 357 study shoes that the level of sei ice with the improvements will go from a Level F to a Level D. Even if the Board approved the request with the condition of a traffic light,NCDOT would have final approval rights. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to approve the request by Pastor Kenny Chinn, on behalf of Northside Baptist Church, for a Conditional Use Permit to locate a 4,500 square foot fast food restaurant with a drive-thiu, commercial sign at the main entrance and expansion of existing church campus with the addition of 259,600 square feet of new buildings at 2501 North College Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved: 2) the use meets all required conditions and specifications of the Zoning Ordinance: 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity: and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) all improvements recommended in the final Wilmington Metropolitan Planning Organization approval must be installed for the Conditional Use Permit to be valid: and 2) if in the fixture the church desires to incorporate a full time school into the complex a new Traffic Impact Analysis and additional transportation improvements may be required. Further, a firll-time school would be considered a change in use and require an amendment to the Conditional Use site plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 813,Page 71. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 40.1. PUBLIC HEARING AND APPROVAL OF REQUEST BY GRACE PATTERSON FOR A SPECIAL USE PERMIT TO INCREASE THE NUMBER OF DAYCARE CHILDREN FROM NINE TO TWELVE (S- 519M,03/12) Chairman Davis 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: Grace Patterson Lori Hales Nicole Dreibelbis Chris O'Keefe Trov Barboza Current Planner Nicole Dreibelbis presented the request by Grace Patterson for a Special Use Permit to increase the number of children in her daycare located at 111 Cannon Road from nine to rivelve and to remove the original condition of staggered drop-off and pick-up times. The Planning Board, at their March 1, 2012 meeting, voted 7 to 0 to recommend approval of the request. One client spoke in favor of the request with no one speaking in opposition. Staff recommends approval of the request with the staggered drop-off and pick-up condition remaining as part of the approval. Chairman Davis asked if anyone from the public wished to speak in favor of the request. Grace Patterson,the Petitioner residing at 111 Cannon Road,confirmed that she wished to proceed with the hearing and agreed with the findings of facts and the condition that the staggered drop-off and pick-up condition remain as part of the approval. Lori Hales, 878 Wine Cellar Circle, spoke in support of the additional children stating that her two children attend the daycare and she would like the child she is expecting,to attend there also. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Thompson, to approve the Special Use Permit requested by Grace Patterson to increase the number of children in her daycare from nine to rivelve located at 111 Cannon Road based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved: 2) the use meets all required conditions and specifications of the Zoning Ordinance: 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity: and 4) the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the condition that the drop-off and pick-up times shall be staggered so that there are a maximum of two drop-offs or pick-ups in ten minute intervals. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 358 A copy of the order to issue an addendum to a Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 40.2. PUBLIC HEARING AND APPROVAL OF REQUEST BY ROUNTREE, LOSEE & BALDWIN, LLP, ON BEHALF OF GORDON DEVELOPMENT PARTNERS, LLC, TO AMEND THE 2006 WILMINGTON- NEW HANOVER COUNTY CAMA PLAN LAND USE CLASSIFICATION MAP FROM WETLAND RESOURCE PROTECTION TO "TRANSITION FOR PROPERTIES LOCATED AT 8631, 8703, AND 8723 STEPHENS CHURCH ROAD(LUP-14,03/12) Chairman Davis opened the Public Hearing and requested staff to make the presentation. Interim Plaiming Manager Sam Burgess presented the request by Rountree, Losee & Baldwin, LLP, on behalf of Gordon Development Partners, LLC, to amend the 2006 Wilmington-New Hanover County CAMA Plan Land Use Classification Map from "Wetland Resource Protection" to *'Transition''. The subject properties are located at 8631, 8703,and 8723 Stephens Church Road,in the Kirkland Community. The applicant makes a good case for requesting removal of the "Wetland Resource Protection- classification and replacing it with*'Transition'' on the four parcels consisting of 19.76 acres. Based on the letters submitted by the Corps of Engineers stating that no wetlands or waters of the state are present on site and from a private consultant as well as field visits by staff, staff recommends approval of the request. If approved, the change will allow for fixture development to qualify for increased density on the four parcels. The Planning Board, at their March 1, 2012 meeting, voted 6-1 to recommend approval of the Land Use Plan Map Amendment which would change the classification for all four parcels from "Wetland Resource Protection" to``Transition." No one from the public spoke in opposition to the request concern. The concern of the Planning Board member who voted in opposition to the request was due to the fact that Stephens Church Road has only one wav in,and one wav out, and may create firture traffic issues. Chairman Davis asked if anyone from the public wished to speak in favor of the request. Steve Coggins, Attorney for the applicant,presented the request to change the classification to"transition" noting that the initial maps were not meant to be precise and both the Corps of Engineers, a private consultant, as well as staff review, has shown the area is not part of the wetland area. Chairman Davis asked if anyone from the public wished to speak in opposition to the request. Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board. Motion: Commissioner Thompson MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Rountree, Losee & Baldwin, LLP, on behalf of Gordon Development Partners, LLC, to amend the 2006 Wilmington-New Hanover County CAMA Plan Land Use Classification Map from"Wetland Resource Protection" to*'Transition"for properties located at 8631, 8703, and 8723 Stephens Church Road finding that the request is: 1) consistent with the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDER AMENDING THE LAND CLASSIFICATION MAP OF THE WILMINGTON- NEW HANOVER COUNTY COMPREHENSIVE LAND USE PLAN UPDATE(2006)is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.10. ADOPTION OF LEGISLATIVE GOALS FOR THE SHORT SESSION OF THE GENERAL ASSEMBLY AND DIRECTION TO STAFF Assistant County Manager Chris Coudriet led the Board's discussion concerning the following proposed legislative goals for the upcoming short session of the General Assembly: • Amend the Justice Reinvestment Act (G.S.15A-1334) to exempt active Adult Drug Treatment Court participants. The General Assembly sought to address prison confinement costs by limiting revocation of certain probationary sentences with the unintended consequence being that repeat offenders inappropriately benefit from Drug Court. • Amend Renewable Energy and Energy Efficiency Portfolio Standard (G.S. 62-133.8) to add to the definition of"renewable energy resources"waste-to-energy facilities utilizing municipal waste. • Amend Authority of Boards of Commissioners over commissions, boards, agencies, etc. (G.S. 153A- 77), to delete subsection (f) that states the Act is applicable only to counties with a population in excess of 425,000. • Amend Rates and charges: contract for water or sewer; deposits: delinquent charges, (G.S. 162A-9) add a subsection (d): Notwithstanding the above standards, requirements, limitations, and procedures applicable to rates, fees, and other charges, an Authority may reduce or forgive delinquent account balances and waive fees, costs, and charges imposed on delinquent accounts, to address public health and safety and the needs of indigent/low income water and/or sewer customers. • Amend Administrative Hearings(G.S. 150B Article 3)to modify Session Law 2011-398, to reestablish that the decision of an administrative law judge in the context of any appeal from a County Health Department or County Social Sei ices Department, or their respective Boards, is only an advisory recommendation and not binding on the County Department or Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 REGULAR MEETING,APRIL 2,2012 PAGE 359 • Adopt a State Budget Ordinance restoring a 50150 state/local match for finding of Drug Treatment Court Programs pursuant to(G.S. 7A-794)Funding Administration. After brief discussion, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Thompson, to adopt the Legislative Goals as presented and direct staff to send the information to the New Hanover County local delegation for the upcoming short session of the General Assembly. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the legislative goals is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXV,Page 5.11. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Davis announced that time has been reserved to allow the public to present an item that was not listed on the regular agenda. Chuck Kuebler spoke in favor of the proposed multi-use stadium stating that it is a good business opportunity bringing tourism, visitors, and additional tax revenue to the area and encouraged the Board to support the initiative. ADDITIONAL AGENDA ITEMS OF BUSINESS ADJOURNMENT There being no further business, Chairman Davis requested a motion to adjourn the meeting. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:47 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and on innr.nhcgov.com H('Live or innr.nhcgov.com )gges.B0('%aspy