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Agenda 2012 04-02New Hanover County, North Carolina L I NIOIO�Ook April 2, 2012 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN JASON R. THOMPSON, COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD APRIL 2, 2012 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) NON - SECTARIAN INVOCATION (Floyd Morris, Senior Pastor, The Pentecostals of Wilmington) PLEDGE OF ALLEGIANCE (Vice - Chairman Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Ratification of Response to a Request for Quotation (RFQ) to Fund Public Pool Inspections 3. Ratification of Application for aMini -Grant to Fund Motivational Interviewing Training 4. Approval to Accept a Grant Award from The Corporation for National and Community Service (CNCS) for the Retired Senior Volunteer Program (RSVP) 5. Approval of Resolution of Road Abandonment (SC- 91,01/12) — Request 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 6. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 7. Presentation of Certificates to Participants of the County's Citizens Academy 6:25 p.m. 8. Consideration of Sexual Assault Activism Month Proclamation 6:30 p.m. 9. Consideration of Child Abuse Prevention Month Proclamation 6:40 p.m. 10. Consideration of Fair Housing Month Proclamation 6:45 p.m. 11. Consideration of County Government Month Proclamation 6:50 p.m. 12. Consideration of Public Safety Telecommunicators Week Proclamation 6:55 p.m. 13. Consideration of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 7:10 p.m. 14. Consideration of Family Planning Grant Budget Amendment & Public Comment 7:55 p.m. 15. Public Hearing Rezoning Request (Z -915, 11 /11) - Request by Clyde Holley and Pastor Kenny Chinn on Behalf of Northside Baptist Church to Rezone Approximately 21.76 Acres at 2501 North College Road from R -15 Medium - Density Residential to CD(B -2) Conditional Highway Business District (This item was continued from the November 3, 2011 and January 5, 2012 Planning Board meetings before being recommended for approval at their March 1, 2012 meeting.) Board of Commissioners Meeting 04/02/2012 8:40 p.m. 16. Public Hearing Special Use Permit (5 -519M, 03/12) — Request by Grace Patterson for a Special Use Permit Modification to Increase the Number of Children in Her Child Daycare from 9 to 12. The Property is Located in an R -15 Zoning District at 111 Cannon Road. 9:20 p.m. 17. Public Hearing Land Use Plan Amendment (LUP- 14, 03/12) — 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. 9:50 p.m. 18. Consideration of New Hanover County Short Session Legislative Goals PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 10:15 p.m. 19. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:25 p.m. 20. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 04/02/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on March 8, 2012 Regular Meeting held on March 12, 2012 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 5 -0. Board of Commissioners Meeting 04/02/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 2 DEPARTMENT: Health PRESENTER(S): Dianne Harvell, Environmental Health Services Manager CONTACT(S): Dianne Harvell, Environmental Health Services Manager SUBJECT: Ratification of Response to a Request for Quotation (RFQ) to Fund Public Pool Inspections BRIEF SUMMARY: The Health Department has requested reimbursement for the inspection of 80 public pools and spas to determine compliance with the Virginia Graeme Baker (VGB) Pool And Spa Safety Act. The US Consumer Product Safety Commission will reimburse New Hanover County Health Department $16,000 for inspecting public pools and spas, and reporting compliance with this recently enacted federal regulation. All public swimming pools, wading pools, spas and hot tubs must now be equipped with drain covers meeting the requirements of the Act. Additionally, under select conditions, secondary or back -up devices /systems must also be installed to assure prevention of suction hazards. The verification and reporting of the VGB compliance status of 80 pools will be completed by existing staff. No new positions are being requested. No matching County dollars are required. US CPSC requested submittal from NHC in FY09 -10 & FY 10 -11, respectively awarding grants of $10,000 & $40,000. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify Response to RFQ by Environmental Health Services to the US Consumer Product Safety Commission for $16,000. Notice (02/17/12) of the opportunity and deadline for submittal (03- 31 -12) may require processing as a request for ratification. ATTACHMENTS: Announcement Memo COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 04/02/2012 2 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 2 -0 From: Harvell, Dianne Sent: Thursda Februar 23, 2012 3:09 PM To: Gibbs, Rick Wri Susan, Burkett, Michael Cc: Swift, Joshua, McClure, Bunn Stancifest, Maria Subject: FW: CPS C-Q-12-0014 State of North Carolina Rick Susan & Mike, Please review, prepare RFQ & of course we want to g et paid for as man pool ins anticipation is less than last y rs 200 @ $200 ($40,000). Environmental Health Services Mana New Hanover Count Health Department 230 Government Center Drive Suite 140 Wilmin NC 28403 Phone: 910-798-6665 From: M Germaine rma i Ito: GM Sent: Thursda Februar 23, 2012 2:53 PM To: M Germaine Subject: CPSC-Q-12-0014 State of North Carolina Dear Prospective Quoter: Attached please find re for q uotation (RFQ) number CPSC-Q-12-0014 tc for the Consumer Product Safet Commission. If y ou are interested in this aA RFQ as follows: 1. Cover sheet (standard form 1449) — Block 17 with the contractor's nar telephone number must be complete. An individual authorized to corr blocks 30a, b and c of the Standard Form 1449. 2. Please review the contract statement of work found on pa 3 throu 3. Review the Additional information to Quoters found on pa 38 throe provide instruction on submittin y our q uotation on pa 38. 4. Complete the Offerors representation and certification found on pa Board of Commissioners Meetin 04/02/2012 2-1-1 S. The date and time for submission of q uotes can be found on pa 1, block 8. Please return all of the above to: Germaine M Consumer Product Safet Commission., Division of Procurement Services 4330 East Hi Room 523 Bethesda, Mar 20814 B mail with an ade lead time to assure that it will arrive on or before the deadline of 3:00 PM on March 22, 2012 or fax to (301) 504-0628. If y ou have q uestions., y ou ma contact the undersi b email at gmvies C Thank y on, Mrs. q ermat'ne X �M Contract Specialist / PRISM S Administrator Consumer Product Safet Commission 4330 East West Hi Bethesda, MD 20814 Phone: 301-504-7669 Fax: 301-504-0628 Unless otherwise stated, an views or opinions expressed in this e-mail (and an attachments) are solel those of the author and do not necessaril represent those of the U.S. Consumer Product Safet Commission. Copies of product recall and product safet information can be sent to y ou automaticall via Internet e-mail, as the are released b CPSC. To subscribe or unsubscribe to this service g o to the followin web pa https.://www.c-psc.tlov/c.pscl'ist..a To: dharve11('Wnhc ,),ov.coni Remove this sender from m allow list From: rnv1es((`11CV se. 90V You received this messa because the sender is on y our allow list. N Board of Commissioners Meetin 04/02/2012 2-1-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 3 DEPARTMENT: Health PRESENTER(S): Carla Turner, Personal Health Services Manager CONTACT(S): Carla Turner, Personal Health Services Manager SUBJECT: Ratification of Application for a Mini -Grant to Fund Motivational Interviewing Training BRIEF SUMMARY: The New Hanover County Health Department has received notification from the North Carolina Department of Health and Human Services, Division of Public Health, Women's And Children's Health Section, of the opportunity to apply for a mini -grant that will allow staff to be trained in Motivational Interviewing. This mini -grant will support the training of 1 Champion and 20 Trainees and will be approximately $7,000. No matching County funds are required and no new positions are being created as a result of this action. Ratification of approval to submit mini -grant application in the amount of $7,000. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify submission of the application for funding Motivation Interviewing training for 1 Champion and 20 Trainees in the amount of $7,000. ATTACHMENTS: Grant Application Budget Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 3 -0 Motivational Interviewing (MI) Training FUNDING AGENCY: North Carolina Department of Health and Human Services Division of Public Health Women's and Children's Health Section Children and Youth and Women's Health Branches ISSUE DATE: February 27, 2012 DEADLINE DATE: March 9, 2012 INQUIRIES and DELIVERY INFORMATION: Direct all inquiries concerning this Mini -Grant Opportunity for Local Health Department (LHD) Agreement Addenda to: Marshall Tyson Marshall.Tvson(c(�dhhs.nc.gov Phone: 919 - 707 -5640 Responses will be received until 5PM on Friday, March 9, 2012. Send all electronic applications directly to the funding agency address as indicated below: Email Address: Marshall . Tyson(a�,dhhs . nc . gov, N. C. Division of Public Health Board of Commissioners Meeting Page 1 of 9 February 24, 2012 04/02/2012 3 -1 -1 I. INTRODUCTION The Children and Youth Branch in the Women's and Children's Health Section of the Division of Public Health develops, implements, promotes and monitors programs and services that are consistent with Title V goals to protect and enhance the health and well being of children and their families. There is a strong emphasis on preventive health services. The Children and Youth and Women's Health Branches are seeking responses from local health departments regarding the number of staff who will register for Motivational Interviewing (MI) training. In partnership with Southern Regional AHEC, staff will register for a year -long MI training course to begin in the Spring 2012. There will be approximately 40 cohorts of 40 MI trainees across the state. A cohort will be in or near every county in the state. In addition there will be one or more MI Champions trained across the state for each health department. Funding will be provided to each health department to cover the registration cost of each trainee and champion. The Southern Regional AHEC will handle registration and coordinate the training schedule. Registrations will be non - refundable, but may be transferred to another staff person in the event of a vacancy. The fee is a one -time payment that will cover the entire year of training. Care managers and supervisors working in the Pregnancy Care Management (OBCM) and Care Coordination for Children (CC4C) Programs are strongly encouraged to attend the training and will receive priority during the registration process. It is expected that sufficient funding will be available to train other clinical disciplines including child health nurses, maternal health nurses, family planning nurses, school nurses supported through the School Nurse Funding Initiative or Child and Family Support teams, NFP and home visiting staff and those hired by the health department using local or other funds, etc. We are requesting health departments to allow the following groups to register through the health department. We will notify the non health department staff directly, but feel free to encourage them to attend or let them know in addition to our notice. Funding for these individuals will be included in your agreement addenda allocation. 1. Nurses and social workers in the Child and Family Support Teams in the local education agency(s), 2. Home Visitors and Supervisors in home visiting programs (Nurse Family Partnership and Healthy Families America) operating in your county, 3. Baby Love Plus Enhanced and Family Care Coordinators, 4. Adolescent Parenting Coordinators, and 5. Central office and regional staff in Children and Youth and Women's Health Branches (these will be assigned to the closest health department). While this will require some coordination with your local education agency(s) and home visiting programs in your county, we are confident that this training will help those staff better serve the families in your county. Funding to cover these teams will also be allocated to local health departments in your agreement addenda allocation. N. C. Division of Public Health Board of Commissioners Meeting Page 2 of 9 February 24, 2012 04/02/2012 3 -1 -2 II. BACKGROUND "Motivational Interviewing (MI) is now established as an evidence -based practice. It focuses on exploring and resolving ambivalence and centers on motivational processes within the individual that facilitate change. The method differs from more "coercive" or externally - -- driven methods for motivating change as it does not impose change (that may be inconsistent with the person's own values, beliefs or wishes); but rather supports change in a manner congruent with the person's own values and concerns. The most recent definition of Motivational Interviewing (2009) is: "...a collaborative, person centered form of guiding to elicit and strengthen motivation for change." "Motivational Interviewing is grounded in a respectful stance with a focus on building rapport in the initial stages of the client - provider relationship. A central concept of MI is the identification, examination, and resolution of ambivalence about changing behavior. MI is a collaborative conversation to strengthen a person's own motivation for and commitment to change. MI is a person- centered conversation method for addressing the common problem of ambivalence about change." Motivational Interview Training is appropriate for all staff who engage in direct - client services. N. C. Division of Public Health Board of Commissioners Meeting Page 3 of 9 February 24, 2012 04/02/2012 3 -1 -3 III. SCOPE OF SERVICES The Health Department shall: 1. Assure that funds can be received, budgeted and expended in the timeframe of April 1, 2012 — May 31, 2012. 2. Assure that registered health department MI Trainees and MI Champions are supported in their attendance in the training. 3. Register appropriate staff for the MI training. 4. Assure that non - department staff will be included in your count for "number to be trained" in your county. 5. Assure that this funding will only be used to support MI training registrations. IV. HEALTH DEPARTMENT RESPONSE The Health Department shall complete and return the Mini -Grant Opportunity application by close of business Friday, March 9, 2012 per the instructions in this Opportunity. V. APPLICATION PROCESS The following is a general description of the process by which Local Health Departments will be selected for funding for this project. 1. Distribution of the Mini -Grant Opportunity The Mini -Grant Opportunity will be sent via the "phleaders" listsery email to interested LHDs beginning February 27, 2012 2. Applications Applicants shall submit an electronic application via email attachment from the health director's email account. Receipt of the application from the health director's email account shall serve as attestation of the health director's approval of the application. The email shall include the required attachments. Faxed applications will not be accepted. N. C. Division of Public Health Board of Commissioners Meeting Page 4 of 9 February 24, 2012 04/02/2012 3 -1 -4 3. Application Deadline All applications must be received by the date and time on the cover sheet of this Mini - Grant Opportunity. Faxed applications will not be accepted in lieu of the electronic submission. 4. Audit Please be advised that successful applicants may be required to have an audit in accordance with G.S. 143C-6-22 and G.S. 143C-6-23 as applicable to the LHD status. 5. Assurances The agreement addendum may include assurances that the successful applicant would be required to execute prior to receiving an agreement addendum as well as when signing the agreement addendum. 6. Application Process Summary Dates 02/27/2012: Mini -Grant Opportunity released to eligible applicants. 03/09/2012: Applications due by 5pm. 04/01/2012: Agreement addendum begins. N. C. Division of Public Health Board of Commissioners Meeting Page 5 of 9 February 24, 2012 04/02/2012 3 -1 -5 Mini -Grant Opportunity Application Health Department: F — ] The Health Department can execute an agreement addendum to the Consolidated Contract and receive funds in their budget for the service period of April 1 —May 31, 2012 to support registration fees associated with Motivational Interviewing Training. F - ] The Health Department will be willing to host (provide or arrange for space) a cohort (40 attendees) for the training. F — ] The Health Department will assign the role of "MI Champion" to one or more staff persons who will receive additional training and be available on site to coach and mentor other staff in your health department who have received MI training for each 40 trainees in a cohort. -OR- F The Health Department would like an outside MI Champion assigned (most likely a regional consultant). The Health Department must list the names of the person(s) who the Health Department will designate to be MI Champions (One for every 40 participants): Name MI Trainees 1._CC4C Staff (Care Managers and Supervisors) PARTICIPATION STRONGLY ENCOURAGED — PRIORITY MI TRAINEES Name FTE Role in CC4C Program N. C. Division of Public Health Board of Commissioners Meeting Page 6 of 9 February 24, 2012 04/02/2012 3 -1 -6 2._OBCM Staff (Care Managers and Supervisors) PARTICIPATION STRONGLY ENCOURAGED — PRIORITY MI TRAINEES Name FTE Role in OBCM Program 3. Child Health Nurses and Providers Name FTE Role in Child Health 4. Maternal Health Nurses and Providers Name FTE Role in Maternal Health N. C. Division of Public Health Board of Commissioners Meeting Page 7 of 9 February 24, 2012 04/02/2012 3 -1 -7 5. School Health Nurses Name School Assigned 6. Family Planning Nurses and Providers Name FTE Role in Family Planning 7. Home Visiting (home visitors and supervisors) Name N. C. Division of Public Health Board of Commissioners Meeting Page 8 of 9 February 24, 2012 04/02/2012 3 -1 -8 7. Child and Family Support Teams (nurses and social workers) Name 8. Baby Love Plus Enhanced and Family Care Coordinators Name 9. Adolescent Parenting Program Coordinators Name N. C. Division of Public Health Board of Commissioners Meeting Page 9 of 9 February 24, 2012 04/02/2012 3 -1 -9 Budget for Motivational Interviewing Funding Revenue Child Health - State Grant $7,000 Expenses Child Health - Training & Travel $7,000 Board of Commissioners Meeting 04/02/2012 3 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 4 DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Parks, Gardens & Senior Resources Director CONTACT(S): Janine Powell, Development Manager SUBJECT: Approval to Accept a Grant Award from The Corporation for National and Community Service (CNCS) for the Retired Senior Volunteer Program (RSVP) BRIEF SUMMARY: The Corporation for National and Community Service has awarded New Hanover County Senior Resource Center a grant for the RSVP program. The funding is for year one of a three -year cycle. The application for the grant was approved by the Commissioners on January 23, 2012. The grant amount is $111,097 from the CNCS and a $47,613 match from New Hanover County, which will be requested in the FYI 2-13 department budget. RSVP is a vital component of the Senior Resource Center programming. Four of our RSVP in -house programs: Volunteer Income Tax Assistance (VITA), Seniors' Health Insurance Information Program ( SHIIP), Disaster Preparedness Special Needs Registry, and the Gifted Retired Active Dedicated Seniors (GRADS) directly serve 14,000 persons in our community. The New Hanover County Retired and Senior Volunteer Program has 1,100 active volunteers, more than any other RSVP program in the state. We provided 25% of all volunteer service hours generated by RSVP programs offered in North Carolina as a whole. The VITA program allows volunteers to prepare free income tax returns for 4,875 persons resulting in federal refunds in the amount of $3,540,000. Our Disaster Preparedness Special Needs Registry keeps track and alerts our aging population in the event of catastrophic storms. Without our SHIIP program our seniors would find themselves in a sea of red tape regarding health care. GRADS is a group of committed women who serve by sharing their time and talents in many areas throughout the county. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve acceptance of the grant funds. ATTACHMENTS: Grant Award Notification Board of Commissioners Meeting 04/02/2012 4 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 4 -0 For Official Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Retired and Senior Volunteer Program Grantee New Hanover County Dept. of Aging EIN: 566000324 2222 S College Rd Wilmington NC 28403 -5545 Award Information Agreement No.: 12SRSNCO02 Project Period: 04/01/2012 - 03/31/2015 Amendment No.: 0 Budget Period: 04/01/2012 - 03/31/2013 CFDA No.: 94.002 Award Description THIS GRANT AWARD BEGINS THE FIRST YEAR OF YOUR PROPOSED PROJECT PERIOD OF PERFORMANCE. THE FY 2012 RSVP GRANT AWARDS 12 MONTHS OF FUNDS BEGINNING: 04/1/2012 THROUGH 03/31/2013. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Previously This Award/ Total Current Current Year Awarded Amendment Year This Year Total Obligated by CNCS $0 $111,097 $111,097 Grantee's Unobligated $0 $0 $0 Balance (Carryover) Total Available $0 $111,097 $111,097 Cumulative Funding for Project Period Total Awarded in Previous Years $0 Total CNCS Funds Awarded to Date $111,097 Funding Source and Amount 2012 - -OPE 1 -P74- COO - 61215 -4101 $111,097.00 Special Conditions COSTS ALLOWED UNDER THIS GRANT ARE LIMITED TO THOSE CATEGORIES CONTAINED IN SIGNED APPLICATION PACKAGE. COMPLIANCE WITH OMB CIRCULARS: A -21; A -87; A -102; A -110; A -122 AND A -13 3 AS APPLICABLE, IS REQUIRED. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https:// egrants. cns. gov/ termsandconditions /RSVPTandC_Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees Board of Commissioners Meeting 041021igW 1 #60 fAcial Use Only For Official Use Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Retired and Senior Volunteer Program Grantee New Hanover County Dept. of Aging EIN: 566000324 2222 S College Rd Wilmington NC 28403 -5545 to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 03/19/2012 Signature Date Matthew Capucini, 215- 964 -6318 Grants Official Matthew Capucini Name (typed) Frank A. DiSilvestro, 919- 856 -4737 Program Official Senior Grants Officer Title Board of Commissioners Meeting 04/02/44W 2 #60 ficial Use Only NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 5 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Interim Planning Manager; and Chris O'Keefe, Planning & Inspections Director CONTACT(S): Sam Burgess, Interim Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Approval of Resolution of Road Abandonment (SC- 91,01/12) — Request 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 BRIEF SUMMARY: Cape Fear Public Transportation Authority is requesting that the board consider adopting a resolution requesting abandonment from State Maintenance a portion of Division Drive located between Castle Hayne Road to the West and the ramp to Martin Luther King Boulevard to the East. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the Board adopt the resolution as requested asking for removal of a portion of Division Drive from the NCDOT State Maintenance System. A mm A r+11X XT9P Q. SC -91 SC -91 Adjacent Property Map SC -91 Resolution SC -91 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 04/02/2012 5 -0 RESOLUTION OF ROAD ABANDONMENT SC -91, 01/12 Request: Abandon from State Maintenance a Portion of Division Drive (SR -2813) Petitioner: Cape Fear Public Transportation Authority Location: Near 1500 Block of Castle Hayne Road, East Side General Information The Cape Fear Public Transportation Authority has petitioned the North Carolina Department of Transportation (NCDOT) to abandon from State maintenance a portion of Division Drive (SR- 2813). The road is located between Castle Hayne Road (1500 block) and the ramp of Martin Luther King Drive for a distance of approximately 712 feet. The road is improved and has a 50 foot right -of -way (see site map). In accordance with NCGS 136 -63, NCDOT requires that the Board of County Commissioners consider the adoption of a Road Resolution requesting NCDOT to abandon the maintenance of any State road. Staff Observations As displayed on the attached map, three (3) parcels front along Division Drive. All are currently owned by the Cape Fear Public Transportation Authority (CFPTA). The area is zoned I -2 Industrial. No natural resources exist along or near the road. Eight (8) buildings located on the south side of Division Drive were formally NCDOT offices. The buildings are not currently occupied. Access to these buildings is from Division Drive. The site contains seven (7) live oaks of at least 30" in diameter. Agency Comments Opportunity was provided for the Cape Fear Public Utility Authority ( CFPUA), County Engineering, County Fire Services, and the Wilmington Metropolitan Planning Organization (WMPO) to comment on the proposed State road maintenance abandonment. County Fire, WMPO, and County Engineering did not have any issues with the proposal. The CFPUA indicated that public utility easements would be needed if the road was closed and the ROW turned over to the Cape Fear Public Transportation Authority. Petitioner Comments According to the petitioner, the purpose for requesting that NCDOT abandon maintenance of Division Drive is to accommodate construction of the proposed Operations and Maintenance Facility, requirements for bus turning radii within the facility, and retention of the live oaks. The site has other design constraints which include the power line easement located nearby and wetlands located at the northern portion of the property. Board of Commissioners Meeting 04/02/2012 5 -1 -1 Planning Staff Recommendation This segment of Division Drive has existed for at least 30 years. During that period of time, NCDOT has utilized the road for access from Castle Hayne Road and Blue Clay Road to serve their maintenance facilities. The Road no longer serves that purpose. This road maintenance abandonment request by the CFPTA who presently owns the property on both sides of the road is the first step in the road closure process. In order to gain use of the right of ways for the proposed facilities, CFPTA will need to ask for a road closure after NCDOT abandons the road as described in NC 136 -63 and 153A -231. If the resolution by the Board of County Commissioners is adopted and accepted by NCDOT, the petitioner must go through a second process through the County to have the road officially closed which would give the petitioner the ability (if approved) to construct the facilities noted above. Staff recommends that the Road Resolution be adopted requesting abandonment of a portion of Division Drive and then sent to NCDOT for their consideration. Board of Commissioners Meeting 04/02/2012 5 -1 -2 5 -2 -1 ®�' e N%� 46 1 LO e� v CL 5 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ROAD RESOLUTION TO ABANDON A PORTION OF DIVISION DRIVE (SR 2813) (East Side of Castle Hayne Road) WHEREAS, a petition has been filed pursuant to NCGS 136 -63, requesting the New Hanover County Board of Commissioners adopt a resolution requesting the North Carolina Department of Transportation to abandon from State maintenance a portion of Division Drive (SR 2813), a NCDOT State Maintained Road located near the 1500 block of Castle Hayne Road (SR 2812), East side. Said portion of road is approximately 712 feet in length and contains a 50 -foot right -of -way as depicted on the attached exhibit; and WHEREAS, it is the opinion of the New Hanover County Board of Commissioners that the 712 foot segment of Division Drive, if abandoned from State maintenance would not be contrary to the public interest provided the owner(s) of real property fronting along the segment shall privately maintain the right -of -way for emergency access. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners requests that the Board of Transportation consider abandoning State maintenance of a portion of Division Drive (SR 2813) in favor of private maintenance of that segment, as petitioned before the Board. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 5 -3 -1 I Notif NCDOT of the adopted action b the Board of Count Commissioners an�� 2 Notif the petitioner(s) and adjoinin landowners of such action I'he petitioner(s) is re to be present at the m eetin g unless otherwise noed. The Count 1.2ommissioners, meetin 9 a 6: s are held t 00PM in the Commissionerys Assembl Room in the Old Coiint -.1ourthouse, at Third and Princess Streets, Wilmin North Carolina, on the first Monda of each month. 7 Si of Petition Representative V Print Name Board of Commissioners Meetin 04/02/2012 5-4-1 9 STATE oF NoRTH CARoLiNA DEPARTMENT OF TRANSPORTAnON 4i 0 k"""' �� UD Re for Ri of Wa Abandonment of a portion of State Road 2813 Division Drive (Division File # 11 77-N 17 A q IIIIII ODI`033171: Board of Commissioners Meetin 04/02/2012 5-4-2 o partment vo Transportatiioi7 rch Carolina I T Division of Hi Abandonment Petition � I M 147 K*T- iiiii'' I 111111111 It A I 701& 9 a '*IMITI - 11,01=1 TI;I& Ili =11;Nq= Form SR-3 (1/2001) Board of Commissioners Meetin 04/02/2012 5-4-3 t . MM Ul�� Mr. Anthonl LaW District En ,&ILEW r% NCDO I Division 3 3a 0 0 D' IV 1 sio n D r. Wilmin RNIC 28401 II , I JIA Cordiall y e Albert', E y I&EXecutive Director W Don SM Chairman Cape Fear Public Trarisportation Authorit Jeff Peueffe PL Chairman,, Cape Fear Public Transportation AuthWit Facilities Committe;; Andrew W. Olsen, Le Counsel, Cape Fear Public Transportation Auth" Mark Arcur% PE, Project Manager,, CrIser, Troutman,, Tanner I Board of Commissioners Meetin 04/02/2012 5-4-4 ArcRdS Viewer Pa I of I http-//wwwdefaultnhc r 1/5/2012 04/02/2012 5-4-5 UmcramsdMIS2010 0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 CONSENT ITEM: 6 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2012. 12 -175 - Social Services 12 -182 - Social Services 12 -186 - Emergency Management & 911 Communications 12 -189 - Drug Court 2012 -41 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 12 -175 B/A 12 -182 B/A 12 -186 B/A 12 -189 B/A 2012 -41 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 04/02/2012 6 -0 Approved 5 -0. Board of Commissioners Meeting 04/02/2012 6 -0 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 175 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -175 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: DSS /Energy Neighbor /Administration Expenditure: Decrease Increase DSS /Energy Neighbor: Assistance Payments $7,839 Total $0 $7 Revenue: Decrease Increase DSS /Administration: DSS Admin 1571- Federal /State $7,839 Total 1 $0 11 $7 Section 2: Explanation DSS received an additional allocation of $7,839 in Energy Neighbor funds. The Energy Neighbor program helps low - income individuals and families cover home energy bills. The funds will be used to provide assistance payments to individuals and families in need. No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -175, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 6 -1 -1 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 182 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -182 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: Social Services / Administration and LIEAP Assistance Expenditure: Decrease Increase Social Services / LIEAP Assistance: LIEAP Assistance Payments $19 Total $0 $19 Revenue: Decrease Increase Social Services / Administration: DSS 1571 Admin - Federal /State $19 Total $0 $19 Section 2: Explanation To adjust the FYI 1-12 Adopted Budget for actual allocations received. DSS received an additional $19,000 allocation from the Low Income Energy Assistance Program (LIEAP) for assistance payments for qualifying families. No County funds are required. No new positions are being requested. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -182, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 6 -2 -1 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 186 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -186 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Productive Strategic Partnerships Strategic Objective(s): Develop appropriate public / private partnerships Fund: General Fund Department: Emergency Management & 911 Communications / Finance Expenditure: Decrease Increase Emergency Management & 911 Communications /800 MHz Communications: Supplies $300 Total $0 $300 Revenue: Decrease Increase Finance /Miscellaneous Revenue: Donation to Amateur Radio Emergency Services $300 Total $0 $300 Section 2: Explanation To budget a donation of $300 received for the benefit of Amateur Radio Emergency Services, a volunteer organization operating under Emergency Management. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -186, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 6 -3 -1 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 189 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -189 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Drug Court Expenditure: Decrease Increase Drug Court: Supplies $600 Total 1 $0 11 $600 Revenue: Decrease Increase Drug Court: Contributions $600 Total $0 $600 Section 2: Explanation To budget a contribution to the Drug Court to provide additional operating supplies. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -189, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 6 -4 -1 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 41 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -41 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $141,737 Total 1 $0 11 $141 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property (DOJ) $141,737 Total 1 $0 11 $141 Section 2: Explanation To budget Federal Forfeited Property (DOJ) receipts of 3/8/12 and 3/19/12. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2012 -41, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 6 -5 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 7 DEPARTMENT: PRESENTER(S): County Commissioners and Bruce T. Shell, County Manager CONTACT(S): Dennis Ihnat, Human Resources & Community Relations Director and Mark Francolini, Human Resources & Community Relations Manager SUBJECT: Presentation of Certificates to Participants of the County's Citizens Academy BRIEF SUMMARY: New Hanover County's second Citizens Academy began January 26, 2012. The goal of the academy, called Citizens In Action (CIA), is to educate participants about the operations involved in the variety of services provided by New Hanover County. Experts gave presentations, County facilities were toured, and exercises were conducted to present a well - rounded view of what New Hanover County does for its citizens. Tonight we are pleased to recognize the following participants that have recently completed the second program. Participants: S ola B agdon Jack Bergman Selena Burke Richard Casson Carole Ellis William Fuller Thelma Gates John Hinnant Brian Jones Mae Jones Rina Messler Phyllis Millette Amanda Morgan Richard Pfeiffer Marge Porrazzo Clayton Roberts Virginia Samuel Liz Schulz Frie Schulz Art Taber Bobby Thomas Marilee Tremlett Robert Walker Bob Wallen STRATEGIC PLAN ALIGNMENT: Effective County Management Board of Commissioners Meeting 04/02/2012 7 -0 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize participants and present their certificates. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize participants, present their certificates, and take group photo with the Board of Commissioners. COMMISSIONERS' ACTIONS: Recognized participants, presented their certificates, and took group photo with the Board of Commissioners. Board of Commissioners Meeting 04/02/2012 7 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Amy Feath, Crisis Intervention Services Director, Coastal Horizons Center, Inc. CONTACT(S): Lauren Slusher, Rape Crisis Center Counselor /Advocate SUBJECT: Consideration of Sexual Assault Activism Month Proclamation BRIEF SUMMARY: Lauren Slusher, Rape Crisis Center Counselor /Advocate at Coastal Horizons Center, Inc., submitted the attached proclamation for the Board's consideration. Amy Feath, Julie Ozier and Katie Bennett with the Rape Crisis Center will be present to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Sexual Assault Activism Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 8 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT ACTIVISM MONTH PROCLAMATION APRIL 2012 WHEREAS, Sexual Assault Activism Month is intended to draw attention to the fact that sexual violence is widespread and has public health implications for every citizen of New Hanover County; and WHEREAS, Rape Crisis Center staff and DEDICATED volunteers served more than 400 new sexual violence victims and their loved ones in the past year providing free and confidential support, advocacy and counseling 24 hours a day, 7 days a week and 365 days a year; and WHEREAS, we must work together to and take action by supporting survivors and speaking out when witnessing acts of violence however small; and supporting services for victims; and WHEREAS, with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in New Hanover County through activism, prevention education, increased awareness, and holding perpetrators who commit acts of violence responsible for their actions. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2012 be recognized as "Sexual Assault Activism Month" in New Hanover County. BE IT FURTHER PROCLAIMED that the County Commissioners pledge themselves and ask our citizens, both professional and volunteer, to become activists and assist Rape Crisis Center's UNTIRING efforts to eliminate sexual violence from our families, our neighborhoods, and our community. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 8 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 9 DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, DSS Director and Wanda Marino, Assistant Director of Social Work CONTACT(S): Wanda Marino, Assistant Director of Social Work SUBJECT: Consideration of Child Abuse Prevention Month Proclamation BRIEF SUMMARY: April is Child Abuse Prevention Month in North Carolina. The New Hanover County Department of Social Services has submitted a proclamation to recognize April as Child Abuse Prevention Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Child Abuse Prevention Proclamation 2012 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 9 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION APRIL 2012 WHEREAS, children are vital to our state's future success, prosperity and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have the safe, stable, nurturing homes and communities they need to foster their healthy growth and development; and WHEREAS, child abuse and neglect is a community responsibility affecting both the current and future quality of life of a community; and WHEREAS, communities that provide parents with the social support, knowledge of parenting and child development, and concrete resources they need to cope with stress and nurture their children will ensure all children grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2012 be recognized as "Child Abuse Prevention Month" in New Hanover County and call upon all citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 9 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner; and Chris O'Keefe, Planning & Inspections Director CONTACT(S): Wanda Coston, Community Development Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Consideration of Fair Housing Month Proclamation BRIEF SUMMARY: In order to comply with the Community Development Block Grant terms and conditions outlined in the 2010 CDBG- Economic Recovery and 2010 Scattered Site Housing Program grant agreements as they relate to the County's Fair Housing Plans, one of the activities proposed in the plan is to request the Board of Commissioners to proclaim April 2012 as "Fair Housing Month." The proclamation is in recognition of the United States Department of Housing and Urban Development designating April as "Fair Housing Month." The designation acknowledges that Title VIII of the Civil Rights Act of 1968 as amended, referred to as the Fair Housing Act, was signed into law in April 1968 by President Lyndon Johnson. The act as amended prohibits discrimination based on race, color, national origin, religion, gender, familial status and disability in the sale, rental, and financing of housing and other housing - related transactions. STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the Commissioners approve and adopt the proclamation and authorize the Chairman to sign. A TT A f NMF.NTC 2012 Fair Housing Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 10 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FAIR HOUSING MONTH PROCLAMATION APRIL 2012 WHEREAS, April 2012 marks the 44 anniversary of the passage of Title VIII of the Civil Rights Act of 1968 as amended, referred to as the Fair Housing Act, and the 29 anniversary of the State Fair Housing Act; and WHEREAS, the Federal Fair Housing Act and the State Fair Housing Act, prohibit discrimination based on race, color, national origin, religion, gender, familial status and disability in the sale, rental, and financing of housing and in other housing- related transactions; and WHEREAS, the North Carolina Human Relations Commission through its coordinated efforts with the United States Department of Housing and Urban Development, county and local governments, fair housing organizations and concerned citizens, continues to promote the understanding of the State and Federal Fair Housing Acts, ensure compliance, strive to eliminate housing discrimination and work to punish those who violate the State Fair Housing Law. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners that April 2012 be recognized as "Fair Housing Month" in New Hanover County. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 10 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): Charles Smith, Community Relations Coordinator CONTACT(S): Charles Smith, Community Relations Coordinator SUBJECT: Consideration of County Government Month Proclamation BRIEF SUMMARY: Each year, the National Association of Counties designates the month of April as National County Government Month. The theme for this year's celebration is "Healthy Counties, Healthy Families." Sponsored by the National Association of Counties, National County Government month helps raise public awareness and understanding about the roles and responsibilities of county government and allows counties to highlight essential county government services and programs. The month will be observed with a variety of events that correlates with this year's healthy theme. A complete calendar of events is being compiled and will be available during the meeting. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: County Government Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 11 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS COUNTY GOVERNMENT MONTH PROCLAMATION April 2012 "Healthy Counties, Healthy Families" WHEREAS, the nation's 3,068 counties provide a variety of essential public services to communities serving more than 300 million Americans; and WHEREAS, New Hanover County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost - effective ways; and WHEREAS, county governments are essential to America's healthcare system and are unique in their responsibility to both finance and deliver health services through public hospitals and clinics, local health departments, long -term care facilities, mental health services and substance abuse treatment, and coverage programs for the uninsured; and WHEREAS, National Association of Counties President Lenny Eliason is encouraging counties to promote healthy living and lifestyle choices in communities across the country through his 2011 -12 "Healthy Counties" presidential initiative; and WHEREAS, each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2012 be recognized as "County Government Month" in New Hanover County and encourage all County officials, employees, schools and residents to participate in county government celebration activities. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 11 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 12 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Director, Emergency Management & 911 Communications; and Debora Cottle, 911 Manager CONTACT(S): Warren Lee, Director, Emergency Management & 911 Communications; and Debora Cottle, 911 Manager SUBJECT: Consideration of Public Safety Telecommunicators Week Proclamation BRIEF SUMMARY: April 8 -14 is recognized as National Telecommunicators Week. Staff has submitted the attached proclamation to recognize April 8 -14, 2012 as Public Safety Telecommunicators Week in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Market and promote New Hanover County assets RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Public Safety Telecommunicators Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0 and presented the 2012 Mary Antley Telecommunicator of the Year Award to Erica Brown. Board of Commissioners Meeting 04/02/2012 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION WHEREAS, emergencies that require police, fire, or emergency medical services can occur at anytime; and WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our emergency personnel is dependent upon the quality and accuracy of information obtained from citizens who telephone the New Hanover County Public Safety Communications Center; and WHEREAS, public safety telecommunicators are the first and most critical contact our citizens have with emergency services; and WHEREAS, public safety telecommunicators are a vital link for our law enforcement officers and firefighters by monitoring their activities by radio, providing them information, and insuring their safety; and WHEREAS, public safety telecommunicators have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each telecommunicator has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, the first emergency 9 -1 -1 call in New Hanover County was made in May 1982. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of April 8 -14, 2012 be recognized as "Public Safety Telecommunicators Week" in New Hanover County, in honor of the men and women whose diligence and professionalism keep our county and its citizens safe. ADOPTED this 4 th day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr. Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 12 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 13 DEPARTMENT: Finance PRESENTER(S): Bruce T. Shell, County Manager CONTACT(S): Jerome Fennell, Property Management Director; James Derseraux, Equipment Shop Superintendent; and Lena Butler, Purchasing Supervisor SUBJECT: Consideration of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 BRIEF SUMMARY: At the Board's meeting held on March 12, 2012, the Board approved for disposal items that were not designated as "no longer needed." The Board instructed staff to provide more information regarding the disposal of all assets designated as "no longer needed" and bring back to the Board at the next meeting. All items previously designated as "no longer needed" have been reviewed by staff and a more detailed explanation for disposal is provided. The Board also requested information regarding prior year disposals. Staff has provided information regarding prior year disposals for the last three (3) years that include the original cost of the asset, book value of the asset at the time of disposal, and the proceeds received from the sale of the asset. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Auction List Resolution Graph COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 04/02/2012 13 -0 Approved 5 -0 with direction to staff to contact Cape Fear Public Utility Authority to see if they can utilize some of the heavy equipment. 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S' #;3 I t Q cn +-+ a--+ i 4 W I i � i4 i� ho as ' G i r O 4,4 4 ++ CL n W " e p cu > ( as LU 4A +-� J a--I , a-J _O O i LL U — O ra U ru 4 I 4 as CL L W } O ° 2 4 i > 4 i c, c L 4 i Ln I, N i Q ;' O 0 6 O N O a" o X_ O O a z a z a Q z Q z o i o ° O k i` O f" r N M N N M M ri x x N r-I I N N I M aJ a.., f6 Q I O O c c� O O aJ z I N r-I O N N r-I m O J 0 U a N r-I O N Pl- N M Board of Commissioners Meeting 04/02/2012 13 -1 -1 4,0 >- c r- N Z3 N O U Ln U C: U O O N c: U U O = a ?� N Z Q a N rl O N N M Board of Commissioners Meeting 04/02/2012 13 -1 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on the attached Exhibit A, hereinafter referred to as "surplus property;" and WHEREAS, New Hanover County Board of Commissioners is desirous of declaring this personal property surplus and selling it at public auction as authorized by North Carolina General Statutes (NCGS) Chapter 160A - Article 12; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction using GovDeals at www.govdeals.com according to the procedures prescribed in NCGS Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold using GovDeals, may be disposed of using any other method authorized by the NCGS Chapter 160A - Article 12 including discarding. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County as follows: 1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus property. 2. That the Finance Director's designated representative, pursuant to the provisions of G.S. 160A -270 (c), is hereby authorized to dispose of the personal property listed on Exhibit A by electronic public auction using GovDeals at www.govdeals.com and any property not sold using GovDeals may be disposed of using any other method authorized by the NCGS Chapter 160A - Article 12, and that said representative be further authorized and directed to execute necessary documents, transfer title, add /delete items from the surplus list, and perform all necessary functions associated with this disposal. 3. All surplus property will be sold "as is," all sales will be final and the acceptable forms of payment are cash, certified check, money order, and Visa or MasterCard. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 4. A notice summarizing this resolution and the sale of the surplus property by electronic public auction shall be advertised on the County's website and /or in the Wilmington Star News at least ten (10) days prior to the electronic public auction. ADOPTED this the 2 nd day of April, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. 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The award is for $8,889, and the funds are intended for family planning services including but not limited to medical consultation and examination, prescriptions, laboratory examination, contraceptive supplies, and continuing supervision. The board will hear public comment on this topic as follows: - 15 minutes for those who wish to speak in favor of accepting the grant award - 15 minutes for those who wish to speak in opposition of accepting the grant award STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: The health board and its staff are recommending the county commission accept the grant award. ATTACHMENTS: Budget Amendment 12 -168 Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider acceptance of the grant and adoption of the ordinance for budget amendment 12 -168. COMMISSIONERS' ACTIONS: Approved 3 -2, Commissioners Thompson and Berger dissenting. Board of Commissioners Meeting 04/02/2012 14 -0 AGENDA: April 2, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 168 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -168 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Health /Women's Preventative Health Expenditure: Decrease Increase Health/Women's Preventative Health: Supplies $8,899 Total $0 1 1 $8 Revenue: Decrease Increase Health/Women's Preventative Health: Grant - State - Family Planning $8,899 Total $0 1 1 $8 Section 2: Explanation The Health Department has received an additional $8,899 award of Family Planning funds which will be used to provide medical services related to family planning including physician's consultation, examination, prescription, continuing supervision, laboratory examination, and contraceptive supplies. No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -168, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 2nd day of April, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 04/02/2012 14 -1 -1 00 too N 4�j m t �w a N s a� Z ca v U N i N c� t N D t ca 2 N • tv0 ca c� LL 4� O c� c� 01 01 00 00 4j)w ca O ca N U i N UP) (0 U N N O 0 v t U N cv �U . 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BRIEF SUMMARY: At their March 1, 2012 meeting, the Planning Board voted 7 -0 to recommend approval of the rezoning request and the proposed site plan for the conditional district. One adjacent property owner expressed concern regarding unforeseen traffic impacts. This parcel is identified as Transition and Conservation on the 2006 CAMA Land Classification Map. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION #1 NEEDED Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from R -15 Residential district to CD (B2) Conditional Highway Business as described 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 serve 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 to rezone 21.76 acres from R -15 Residential to CD (B2) Conditional Highway Business in this location adjacent to similarly approved development. Board of Commissioners Meeting 04/02/2012 15 -0 ACTION # 2 NEEDED Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. ATTACHMENTS: Z -915 Script Z -915 Staff Summary Z -915 Petition Summary Z -915 Adjacent Proper Owners Map Z -915 Zoning Map Z -915 Phased Site Plan Z -915 Phase Schedule Z -915 Application Package Z -915 Traffic Impact Approval Letter Z -915 NCDOT Correspondence Z -915 AT &T Correspondence COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved rezoning 5 -0. Approved conditional special use permit 4 -1, Commissioner Catlin dissenting. Board of Commissioners Meeting 04/02/2012 15 -0 ITEM# SCRIPT FOR CONDITIONAL REZONING Z -915 (11/11) Request by Clyde Holley and Pastor Kenny Chinn on behalf of Northside Baptist Church to rezone approximately 21.76 acres at 2501 North College Road from R -15 Medium Density Residential to CD (B -2) Conditional Highway Business District. The parcel is identified as Transition and Conservation on the 2006 CAMA land Classification Map. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff Presentation b. Applicant's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner discussion 5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to proceed or do you wish to continue the matter? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on rezoning. (First Vote) The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Examples of motions are on the agenda item cover sheet. 8. Vote on the companion special use permit. (Second Vote) Motion to grant the permit - All findings are positive. Motion to grant the permit, subject to conditions specified below: (State Conditions) Motion to deny because, if completed as proposed, the development more probably than not: a. Will endanger the public health or safety for the following reasons: El b. Does not meet all required conditions and specifications, in particular: El c. Will injure the value of adjoining or abutting property in the following way: El d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 04/02/2012 15 -1 -1 CASE: Z -915, (11/11) PETITIONER: Clyde Holley and Pastor Kenny Chinn on behalf of Northside Baptist Church REQUEST: Rezone from R -15, Medium Density Residential to CD (B -2), Conditional Highway Business ACREAGE: 21.76 Acres LOCATION: 2501 North College Road LAND CLASS: Transition and Conservation PLANNING BOARD ACTION The Planning Board voted 7 -0 at their March 1, 2012 meeting to recommend approval of the rezoning request. They also voted 7 -0 to approve the conditional rezoning permit, subject to the conditions recommended by staff, including: All improvements recommended in the final WMPO approval must be installed for the Conditional Use Permit to be valid; and, If in the future the church desires to incorporate a full time school into the complex a new TIA and additional transportation improvements may be required. Further, a full 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 thru, to relieve unforeseen traffic impacts, specifically on Red Hawk Road. STAFF SUMMARY PROPERTY SPECIFICS The property is accessed off of North College Road, an urban principal arterial roadway, located north of Bavarian Lane and south of Long Ridge Drive. The parcel is a 21.76 acre tract, owned by Northside Baptist Church. The property is currently utilized as a church campus with seven main buildings, including a sanctuary, educational building, preschool building, fellowship hall, youth and singles annex, family life center gymnasium and a church office building. CHARACTER OF THE AREA: Current Zoning The R -15 Residential District is established as a district in which the principal use of land is for residential purposes and to insure that residential development not having access to public water and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to insure a healthful environment. 11 P ag Board of Commissioners Meeting 04/02/2012 15 -2 -1 Immediately south of the subject property is an existing B -2 highway business district, consisting of a tanning salon and Rite Aid Pharmacy, with the B -2 designation extending across Bavarian Lane, including an area in excess of 62.5 acres. The B -2 designation extends east, across North College Road. Immediately north and west is a continuation of the current R -15, medium - density residential zoning district. Proposed Zoning The purpose of the B -2 Highway Business District is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volumes of traffic. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. No B -2 District shall be less than five (5) acres in area. The proposal is CD (B -2) 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. TRAFFIC North College Road is an urban principal arterial roadway. The ADT on North College Road, located between Long Ridge Drive and Bavarian Lane, has increased from 26,786 (2010) to 27,081 (2011). The portion of North College Road fronting the subject property has a 2007 LOS F, meaning the traffic counts exceed the capacity of the roadway. The intersection of Murrayville Road and North College Road is signalized to control the flow of traffic. A Traffic Impact Analysis (TIA) was prepared for the application by Dan Cumbo on behalf of Davenport Transportation Consulting. The TIA is phased to accommodate the purchase of the church outparcel by McDonalds, identified as Phase I, and the future expansion of the church campus, identified as Phase II. The recommendations are based on traffic counts taken during the period of Tuesday, November 15, 2011 through Thursday, November 17, 2011. The TIA indicates a trip generation of approximately 1,116 vehicles per day in Phase I, with a.m. peak hour traffic around 109 vehicles and p.m. peak hour traffic around 79 vehicles. Phase II is projected to generate 3,482 net daily trips, with a.m. peak hour traffic around 91 vehicles and p.m. peak hour traffic around 67 vehicles. The WMPO and the NCDOT staff have reviewed the Northside Development revised TIA report, dated January 9, 2012. The report has been accepted and appears to meet the minimum requirements for TIA submittal. Required Improvements include: A. US 117/NC132 (N. College Road) at Northern Site Access /Long Ridge Drive Phase 1: 1. Realign Northern Site access to align with Long Ridge Drive; 2. Construct a southbound left turn lane on N. College Road with 100 feet storage and appropriate taper; 3. Construct a southbound through -right lane on N. College Road with 200 feet storage and appropriate taper; 2 1 P ag Board of Commissioners Meeting 04/02/2012 15 -2 -2 4. Construct a northbound left turn lane on N. College Road with 100 feet storage and extending south as two -way left turn lane ; 5. Construct the eastbound approach of the northern access to provide one (1) ingress lane and two (2) egress lanes; and 6. Provide a 100 foot internal protected stem or the acceptable equivalent thereof. Phase 11: 1. No improvements recommended /required. B. US 117/NC 132 (N. College Road) at Main Site Access nL ...._... ►. 1. Access to align with the driveway across NC 132 (Bellsouth); 2. Shift main site access approximately 200 feet north; 3. Construct a southbound through -right lane with full storage extending to the northern site access; and 4. Construct the eastbound approach of the main site access to provide two (2) ingress lanes and two (2) egress lanes. nL ....._... ►►. 1. Provide a 100 foot internal protected stem. C. US 117/NC 132 (N. College Road) at Southern Site Access n ►_ _ _ _ I. 1. No improvements recommended /required. n►_ __ _ ►►. 1. Modify access to aright -in right -out; and 2. Provide a 100 foot internal protected stem and restrictive (physical) barrier. D. US 117/NC 132 (N. College Road) at SR 1322 (Murrayville Road) /SR 2124 (Bavarian Drive) Phase 1: 1. No improvements recommended /required. Phase 11: 1. Extend the southbound left turn lane on N. College Road to provide 500 feet of storage extending to the existing two -way left turn lane; and 2. Optimize the existing signal timing or provide 8 phase signal control operation by replacing the current split side street phasing signal operation. E. SR 2124 (Bavarian Drive) at SR 1327 Farley Drive Phase 1: 3 1 P ag Board of Commissioners Meeting 04/02/2012 15 -2 -3 1. No improvements recommended /required. Phase 11: 1. No improvements recommended /required. F. SR 2124 (Bavarian Drive) at SR 2616 (Owls Lane) Phase 1: 1. No improvements recommended /required. Phase 11: 1. No improvements recommended /required. G. SR 2124 (Bavarian Drive) at SR 2617 (Red Hawk Road) Phase 1: 1. No improvements recommended /required. Dhnco H 1. No improvements recommended /required. COMMUNITY SERVICES: Water /Sewer: Northside Baptist Church is currently connected to CFPUA water and sewer. Fire Protection: The property will be served by New Hanover County Fire Services. Schools: School districts are determined by the New Hanover County Board of Education periodically. If the request is granted, the use will not be residential, so no impact on schools is anticipated. LAND CLASSIFICATION: The subject property is located in the northern portion of the county in an area with two classifications. The majority of the property is classified as Transition; however, the northeast side of the property contains portions of Conservation, consistent with the AE flood lines, on the 2006 CAMA Land Classification map. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. The purpose of the Conservation class is to provide for effective long -term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. Board of Commissioners Meeting 04/02/2012 15 -2 -4 ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Smith Creek watershed drainage area which is classified as C; SW 303(d). The northwest border of the property includes portions of AE flood zones, with a BFE of 33'. The applicant has applied for a LOMR -F, which will remove the AE flood lines from the northern and western rear portions of the property. The soil maps indicate Seagate Fine Sand, Baymeade Fine Sand with 1 to 6 percent slopes and Pantego Loam exist on site. Both Seagate fine sand and Baymeade fine sand are Class II soils with moderate limitations and are known to require moderate modification and maintenance. Pantego Loam is a Class III soil with severe limitations and is known to require extensive modification and intensive maintenance. PLANS AND POLICIES: There are several policies in the CAMA Land Use plan supportive of the proposed development. Policy 5.7 of the 2006 CAMA Land Use Plan addresses the need to preserve the character of the area's existing residential neighborhoods and quality of life. Another pertinent policy identified is Policy 6.3.9, stating that the coordination of new development timing should coincide with necessary road improvement completion schedules. Finally, Policy 4.3 outlines the desire to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial nodes do not diminish the quality of life in nearby residential areas. STAFF POSITION: The 21.76 acre tract located near the intersection of North College Road and Murrayville Road is in an area classified as transition. The tract is adjacent to an existing commercial node in an area that will likely continue to experience population growth and commercial development. Focusing increased land use intensity in existing commercial nodes is a policy that staff supports. North College Road functions at a Level of Service F in this location but with complete implementation of the Traffic Impact Analysis requirements impacts to the Level of Service should be mitigated. Public utilities are available to the site to support a range of commercial development. For these reasons staff recommends approval of the rezoning portion of this Conditional Use Zoning request. ACTION #1: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from R -15 Residential district to CD (62) Conditional Highway Business as described is: Board of Commissioners Meeting 04/02/2012 15 -2 -5 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 serve 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 to rezone 21 .76 acres from R - 15 Residential to CD (132) Conditional Highway Business in this location adjacent to similarly approved development. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: PRELIMINARY FINDINGS OF FACT: In its review of the request, the Planning Staff made the following preliminary "findings of fact." 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Northside Baptist Church is currently connected to CFPUA water and sewer. B. Fire Service is provided by New Hanover County Fire Services. C. This proposal will be located outside of the flood hazard areas. The applicant has applied for a LOMR - F, which will remove the AE flood lines from the northern and western rear portions of the property. D. North College Road is an urban principle arterial roadway. The ADT on North College Road, located between Long Ridge Drive and Bavarian Lane, has increased from 26,786 (2010) to 27,081(2011). The portion of North College Road fronting the subject property has a LOS of F, meaning traffic counts exceed the capacity of the roadway. However, incorporation of the recommended transportation improvements should decrease traffic impacts on congestion and improve safety on the roadway. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed road improvements required by NCDOT are implemented. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Conditional zoning districts are designed for firm development proposals and not for tentative development. The church campus expansion of 259,600 square feet of new buildings and the addition of a 4,500 square foot fast food restaurant with a drive -thru are commercial uses that will not have a significant adverse impact on the adjacent single family homes and undeveloped residential property to the west. B. The proposed signage will be required to satisfy the sign standards as specified in Section 94 of the Zoning Ordinance. C�- Board of Commissioners Meeting 04/02/2012 15 -2 -6 Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that 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. A. The 2006 Land Use Plan Update identifies the majority of the subject property as Transition. The transition designation is to provide for further intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. Policy 4.3 of the 2006 CAMA Land Use Update outlines the desire to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial nodes do not diminish the quality of life in nearby residential areas. The proposal meets requirements for the B -2, Highway Business zoning district and is located in a Transition land classification. Roadway improvements required as part of the TIA approval will mitigate the impacts of additional traffic in the area. Staff suggests that findings are positive; however, would propose the following conditions be placed on the conditional use rezoning permit which the petitioner /property owner must agree to for the permit to be valid: All improvements recommended in the final WMPO approval must be installed for the Conditional Use Permit to be valid; and, 71 P ag Board of Commissioners Meeting 04/02/2012 15 -2 -7 If in the future the church desires to incorporate a full time school into the complex a new TIA and additional transportation improvements may be required. Further, a full time school would be considered a change in use and require an amendment to the Conditional Use site plan ACTION # 2 NEEDED: Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. Board of Commissioners Meeting 04/02/2012 15 -2 -8 Case Z -915 (11/11)- REVISED Rezone 21.76 acres from R -15, medium - density residential to CD (B- 2),conditional highway business. Petition Summary Data 2501 North College Road Owner /Petitioner: Clyde Holley and Pastor Kenny Chinn on behalf of Northside Baptist Church Existing Land Use: R -15, medium density residential Zoning History: Area 8 B (July 1, 1972) Land Classification: Transition and Conservation Water Type CFPUA Sewer Type: CFPUA Recreation Area Castle Hayne Elementary School, Castle Hayne Park Access & Traffic Volume: The ADT of North College Road, between Long Ridge Drive and Bavarian Lane, has increased from 26,786 (2010) to 27,081(2011).The portion of N. College Road fronting the subject property has a 2007 LOS of F, meaning the traffic counts exceed the capacity of the roadway by a multiplier of two or more. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Smith Creek -C; Sw 303(d) Aquifer Recharge Area: Secondary recharge areas for Castle Hayne or Peedee where occurring near land surface under water -table conditions Conservation /Historic /Archaeological Resources: The northern and western rear portions of the subject property are located within the AE floodway; however, LOMR -F has been applied for to FEMA. Soils: Seagate Fine Sand, Baymeade Fine Sand with 1 to 6 percent slopes and Pantego Loam. Septic Suitability: Both Seagate fine sand and Baymeade fine sand are Class II soils with moderate limitations and known to require moderate modification and maintenance. Pantego Loam is a Class III soil with severe limitations and is known to require extensive modification and intensive maintenance. Schools: Castle Hayne Elementary School Board of Commissioners Meeting 04/02/2012 15-3-1 NEW= M 'x R 0 z co o LU CL -i 0 < 0 < (D LU 00 Ol �Z LU Lul 0, 4 Lu >! W < LU : > Z: 0` CJ ' LU 0 0 0 LU LU LU a-, -J, W a- (f) 'D , �z: � of Lu O� Of LU Z -J� Of Lu 0 Z, cj ! -J' J. P � 0� 1 <� LU (f), " LU LU W (,r): 2E: -J -J, 0` of LL, s Of er Lu Of LL >- LU LU O a l: a j -J� LU �L LU LU LU, 0 0 1 Q-': < < -J — — — < W LU LU; 31VAf BE! z L U'l I uu LU, Y., LL LO 00 c 77, ICY 0 LL- `ry } W .- . w A AL MASTER PLAN (PHASE V) NORTHSIDE BAPTIST CHURCH G FFAQ' 11-0-WIVS,N* P -- NEW h1ANOV COUNTY NORT (-',4 R ( Of NA NOVEMBFH 28, 2011 RFOSTO: MARCH 7f, 2072 ti ALL' AND IMPROW-MFPvI MAKEY J CARR, PLS ROBERT H. 605LEE & ASSOCIArES, PA LAW -DURVEYORS - LAND PLANV�FeL, ,377 E. MURRAK S- -' PO UON F33 yav WALLACE, NORTH' CAROLJNA 28466 910-2H6-4210 NH22\RFZONYVG\11.501!\Nkl22 ,AMA STCWr LAN 307f, -AL7AM,505, 60 0 6 0 i 2 0 180 PHASE I GRAPHIC SCALE FEET PHASE .11 PHASE 111 PHASE 1V PHA -5f V VIRG110A 0 OK -A IHERC APe_- W- 404" OTTIANDS ON p105 -SIU, ROOD 70PIF Afi 7; I-- - T ---i lU o F —F v " r7777 t f L ---- F x � l � — _� 2 l a � �[} � �£?� �`� �" � _� Fr ., , u � , , ., ,� � �A - t � �� J ., �, ..,." r ! I Pte_`___ _..._ � "r�ti i � _ � 1 ,- a � �,. t A) � �� , :� f �^ _ r .s �_ �. F;j ,... : ! -�: ?' g �, - S �� . , Y= �r� t� , ,.:,, k - -d s 'dr. 1 •: - - "i�y ` 71 a , i f .4` F� .. -, � 3.` -<=� � .�" 2� . 1 , ,. � F s - x k -.,. k ,:_` _Y' - -_, � � ._ •. �. >- �. ..,.. .... 7 }� \��3 � �j. ! A 3 srd - -, , �'i r� a i, 1 "- � � t- ( Cti 7 71 9' 4, " � 7 e, ( _. _ � } 4 vx Y �` �» trt �;` r�a� b, �v t�`'} ti� � �y . ll � . 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DRWMAY W Northside Baptist Church Proposed Construction Phase !-- N Construction ofFast Food Restaurant (McDonald's at this time) Road Work on North Colle Road New Church Si • Main si in front of sanctuar ■ • Welcome si at entrance to propert off of Red Hawk Road and Owls Lane Xew Entrance to Church with additional temporar parkin infront fe Center 7 1 ig ' aw Remove existin Worship Center and add additional parkin Rerno-Nyt existin church offices Phase V—Time Frame-5+ 411 y ears (as fundin I becomes ava 12-k-emove temporar parkl*n,#p First floor: 0 200 seat Chapel • Children's Worship Center • Children's Sunda School Classrooms Second floor-, Youth Worship Center- Board of Commissioners Meetin 04/02/2012 15-7-1 Emall Address (if different than Petitioner) . ...... . ... Existin Zoning R-15 Area of Property 21.76 acres S Feet/Acres ExIstin Use of Propert Church, communit and business functior+, staff Us Onl Application Number C State., Vp W . ilmln NC 28405 Telephone Number of Petitioner . ...... 791-6053 Telep tie Number of Owner (if different thin Petiflouer) CIt state, Lip Vropond Zonin and Use Conditional B-h I L4and Cimesification ( See Land Lse Plan Transitiona" J , ............. Petitions for conditional chan of, zonin am first referred to the New Hanover Count plannin and then acted upon b the New Hanover Count Board of Commimioners, ir Complete petitions and all supplementar information must be accepWd b the Plannin Departincnt twent ( 20 ) workin da before the Plannmi g Board meetin to aflow ade q uate time for process' and advertisement as re b the, North Carol-mia Geneml Statute&, M9 Plannin Board meetinis are. held at 5.-30PM in the Commissionces Assembl Room in the Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolm'a, on the first Thursda of each month. Board of Commissioners Meetin 04/02/2012 15-8-1 r wffl aul(�WIIWN�All bu �ticll'-IIT C"d t3 of CotnM 11 Plan I J 0 CotmillskunLrS. U petition is dealkd.. y ou wa to the Board 1. t fiA� ning XpaMwntcanad JW1 I vou i- Mt, rding, app%,cal proccdtm-.s- 1 0 " K i i ll". i i ti 1, Hu* would the tv cban bo consisuant With the Coant Policies for Grovilh and Development'.7 A i's in line with the counties polic 4.3 for commercial use that allows for commercial nodes at ma mtersections that will help serve the Murra communit and increase the q ualit y of life for nearb 2. How u-3uld the rv zone chan be consistent Midi. the propWy'% �Jaj4sificwdnrnon. thi,,L, 1,and Claulfication Map. The land in q uestion is located in a transitional area with B-2 zonin to the east and south of the propert and is within 300 feet of a major intersection. 3. A-%at si nei chan have occurred to& maX6 the or' hW tomng uu or how I's the land 0 inv�tivc , U,,�-SUiuhle fur Ic,-- I 14; & a I t will allow the propert to be used and developed in the future to continue servicing the needs of our ffit communi 2111-M Board of Commissioners Meetin 04/02/2012 15-8-2 d Nk� o , RB,AkTYOVN- !III,-Tr,�VfA�RL�IffiHL FOR -A SPECIAL JME t. P1 .1,RAH III Gt4,fter21Rv j lhe Board must find "that the uso will not materiall endan thupublk� health or sa-kkl locatud where propoicidand dewlopAa accord' to t1w& plan as suhmittzd and approvcd."' WIF Gencral Rv #2 Thv: Board must find'that the uw meet.% all re vonditiontz md SpvciftatioW of the Zonin (,)rdinawnc % I- III I IFIIIII C T Is Ime Ta11S witnir The church deve�oprnent as laid out, as well as the TcDum d all re condons and specifications. �Iiiqppipq Pa C to! D V. 6 .9 Board of Commissioners Meetin 04/02/2012 15-8-3 . . . . . . . . . . A Al Ature of Petiti er and/or Propert Owher PAnt Name Pa 4 of 4 CUD 07/08 Board of Commissioners Meetin 04/02/2012 15-8-4 Le Description for propert to be rezoned for Northside Baptist Church of Wilmin Inc. Board of Commissioners Meetin 04/02/2012 15-8-5 IT City of WILMINGTON Lead Plannin A Town of Town of AIL, is P.O. �ox 1810 Wilmin North Carolina 28402 910 341 3258 910 341 7801 FAX -To: Mr. Dan Cumbo, PE 1111pir 11711 11 I'l TUME! l��ll,�17 -q ,ill�'if�ill�� Date: Februar 10,. 2017 ?�evlsed., 02.22.2012 As per WMPO and NCDOT review,. the developer is responsible for constructhq, the followin improvements,: Board of Commissioners Meetin 04/02/2012 15-9-1 Phase II: 0 No improvements recommended/re B. US 117/NC 132 (N. Colle Road) at Main Site Access Phase 1: • Access to ali with the drivewa across NC 132 (Bellsouth) a • Shift Main Site Access approximatel 200 feet north C. US 117/NC 132 (N. Colle Road) at Southern Site Access Phase 1 : No improvements recom mended/re i red. Phase II: • Modif access to a ri ri • Provide a 100' Internal Protected Stem and Restrictive E, SR 2124 (Bavarian Drive) at SR 1327 Farle Drive Phase 1: No improvements recommended/re Phase 11: No improvements recommended/re i red. F4 SR 2124 (Bavarian Drive) at SR 2616 (Owls Lane) Phase improvements recom mended/re ai red. Phase II,: No improvements recommended/re 3, SR 2124 (Bavarian Drive) at SR 2617 (Red Hawk Road", i� Phase 1: No improvements recomm Iii: nded/re i red - Phase II: No improvements recom mended/re i red. Board of Commissioners Meetin 04/02/2012 15-9-2 The applicant is re to obtain an NCDOT drivewa permit for access to the state road network. All applicable NCDOT drivewa access technical standards and policies shall appl Please contact me at 910.341.4661 with an further q uestions re this approval. Board of Commissioners Meetin 04/02/2012 15-9-3 110 From: IR Sent. To: Sub Cl Holle [ cholle y @enorthside.or g ] Monda March 19,2012 8:38 AM s ® Dw Files, Northside Baptist NH22-MASTER PLAN 2-13-2012.dw ATT00027.htm; N H22-MASTE R-ADJ-D R IVES. DWG; ATT0003O.htm From: "Leonard, David" < ' dbleonard@ncdot.gov> Date: March 16, 2012 11 -02429 AM EDT To: " I cholle y , rths]"d ".or " <cholle Sub Dw Files, Northside Baptist a I'm Welow 'is the response from Ralei 'in re to the submitted CAD drawin -----Ori Messa From-, Alexander, Pamela L Sent: Frida March 09, 2012 10:48 AM To: Hite, Kathen'ne E Subject: RE.- Dw Files, Northside Baptil Usin Autotum, 'it looks like two left turnin vehicles from the drivewa could.turn to We used a car vs. a bus and had I I feet between them so the proposed ali should be fin if a si is ever installed. 1 Board of Commissioners Meetin 04/02/2012 15-10-1 Email correspondence to and from this sender is subject to the N.C. Public Records Law ani. ma be disclosed to third parties. 2 Board of Commissioners Meetin 04/02/2012 15-10-2 kIIII at&t er t��1?S!`!�tKt�4 illy` 1Rt ls$4 ,,,alb �4 �# 208 Owen Drive construct Thanks for sendin the surve documents, The word I have from our desi and i s o n w our approval at r e t Good luck W y our project and please let me know n " if y ou need an else. � t „1 i 910 - 494 -6641 (cell) Board of Commissioners Meeting 04/02/2012 15 -11 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 16 DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Chris O'Keefe, Planning & Inspections Director CONTACT(S): Nicole Dreibelbis, Current Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Special Use Permit (S -519M, 03/12) — Request by Grace Patterson for a Special Use Permit Modification to Increase the Number of Children in Her Child Daycare from 9 to 12. The Property is Located in an R -15 Zoning District at 111 Cannon Road. BRIEF SUMMARY: At their March 1, 2012 meeting, the New Hanover County Planning Board voted, 7 -0, to recommend approval of a request to modify an existing Special Use Permit, allowing an increase in the number of children from nine to twelve and removal of the original condition of staggered drop off and pickup times. One client spoke in support of the request. No one spoke in opposition. The site is classified Resource Protection in the 2006 CAMA Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED (Choose One) Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. ATTACHMENTS: S -519M Script S -519 Staff Summary S -519M Petition Summary S -519M Adjacent Property Owners Map Board of Commissioners Meeting 04/02/2012 16 -0 5 -519M Zoning Map 5 -519M Site Plan 5 -519M Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved with staff recommendations 5 -0. Board of Commissioners Meeting 04/02/2012 16 -0 ITEM# SCRIPT FOR SPECIAL USE PERMIT S -519M, 03/12 Request by Grace Patterson for a special use permit modification to increase the number of children in her child daycare from 9 to 12. The property is located in an R- 15 Zoning District at 111 Cannon Road. The site is classified Resource Protection in the 2006 CAMA land use plan. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning Director. You may ask to continue the matter. Do you wish to do so? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit. [:I Motion to grant the permit -All findings are positive. In Motion to grant, subject to conditions specified below: (State Conditions) In Motion to deny because, if completed as proposed, the development more probably than not: El a. Will endanger the public health or safety for the following reasons: [3 b. Does not meet all required conditions and specifications, in particular: El c. Will injure the value of adjoining or abutting property in the following way: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 04/02/2012 16 -1 -1 SPECIAL USE PERMIT 5 -519M, 03/12: Request for a special use permit modification to increase the number of children in her child daycare from 9 to 12. Request By: Grace Patterson Location: 111 Cannon Road, Parcel ID R04410- 004 - 023 -000 Planning Board Action At their March 1, 2012 meeting, the New Hanover County Planning Board voted, 7- 0, to recommend approval of a request to modify an existing Special Use Permit, allowing an increase in the number of children from nine to twelve. Following discussion regarding the current drop off and pick up circumstances, Planning Board also recommended removal of the staggered drop off and pickup times condition from the existing special use permit. One client spoke in support of the request. No one spoke in opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer are provided to the property by CFPUA. B. The route of access is El Ogden Drive to Market Street. The ADT of Market Street, between El Ogden and Middle Sound Loop Road has decreased from 50,092 (2010) to 46,898 (2011). The Level of Service at the intersection of Market Street and El Ogden is F. C. The subject property is located in the New Hanover County Fire Service District. D. The site is not within a flood hazard area. E. The current facility is a single family residence. The applicant currently accommodates 9 children, consistent with the conditions of the existing special use permit, issued July 12, 2004. The request to increase size is in order to accommodate two clients expanding their families this year. F. The Patterson's added a 150 square foot addition to their home in February 2009 to accommodate three more children in the daycare. G. The Division of Child Care Services allows a child day care facility to care for a maximum of twelve children in a residence that satisfies state requirements. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Board of Commissioners Meeting 04/02/2012 16-2-1 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The current facility is operating under an existing special use permit issued July 12, 2004. The current special use permit was conditioned to have drop off and pickup times staggered so that there are a maximum of two drop offs or pickups within 10 minute intervals and was limited to a maximum of 9 children. B. The applicant currently has 1 employee parking and 4 off street parking spaces adjacent to the driveway, shown on the site plan. C. There is also an area to accommodate ingress and egress directly onto a public street, consistent with Section 72- 20(2). D. There is an 8 foot privacy fence around the play area; exceeding the four feet fencing minimum required by the ordinance. E. There is not currently an outside sign for the facility, nor is one proposed. However, if one were to be added to the site it would be subject to Section 72- 20(4), which limits outside signage to a maximum of two (2) square feet in area. F. The current facility is licensed by the state of North Carolina. G. All other local, state, and federal requirements must continue to be met, including possible property upgrades to meet building codes and fire safety codes. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child facilities exist in other residential districts in New Hanover County. B. The proposed use is a continuation and expansion of an existing child day care facility. C. No evidence has been submitted that this project will decrease property values of residents who live nearby Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that 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. Board of Commissioners Meeting 04/02/2012 16 -2 -2 A. The subject property is located in an R -15, residential district. B. Child day care facilities are permitted by special use permit in all residential districts. C. The 2006 Joint CAMA Plan Update shows the land classification as Watershed Resource Protection; however, it is located within the urban growth boundaries. STAFF COMMENTS Staff feels the findings are positive. The original order, limited the day care facility to 9 children, based on a petition of opposition signed by seventeen adjacent neighbors. Prior to the submission of this modification request, the applicant made contact with the adjacent neighbors and no one has presented any opposition at this time. Therefore, staff recommends approval subject to the original condition of drop off and pickup times staggered so that there are a maximum of two drop offs or pickups within 10 minute intervals. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose One) Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. Board of Commissioners Meeting 04/02/2012 16 -2 -3 Case S -519M Special Use Permit modification request to expand child daycare From 9 to 12 children located at 3415, 3501, & 3505 N. Kerr Avenue Petition Summary Data Parcel IDs: R04410- 004 - 023 -000 Owner /Petitioner: Grace Patterson Existing Land Uses: Child Daycare Facility Zoning History: Area 3 zoned in May 18, 1970 Land Classification Watershed Resource Protection Water Type CFPUA Sewer Type: CFPUA Recreation Area: Ogden Park Access & Traffic Volume: The route of access is El Ogden Drive to Market Street. The ADT of Market Street, between El Ogden Drive and Middle Sound Loop Road, has decreased from 50,092 (2010) to 46,898 (2011). The L.O.S for the intersection of Market Street and El Ogden is F. Fire District: New Hanover County Fire Services Watershed & Water Quality Classification: Howe Creek (SA; HQW 303) Aquifer Recharge Area: Primary recharge area of principal aquifer (combined Castle Hayne and Peedee aquifers — confirmed and artesian) Conservation /Historic /Archaeological Resources: No conservation, historic, or archaeological resources are identified on the property. Soils: Johnston Soils; Class IV Soil Septic Suitability: Johnston Soils are Class IV soils deemed unsuitable. Schools: Ogden Elementary Board of Commissioners Meeting 04/02/2012 16 -3 -1 04 �, 0 ' E 2 u O O LL s. k F O (D M E (D — (D r �y }' V J L? �+ •= Q a--� y �5 u k V El 0 ` v i 3 7 (D (D k V {'1 (U - J V T y { � (D y r y C •M1_ +V+ co LO, CO Lo v f u r � y V 4 � •'� O J 04 4-J � a? - E O O + LL LO o O {J7��} r yl�y+ m E alr a--� 4 - �k 4J r El • 4 CO r 1 f k V� Lo kl l u� • J O J veR' N ) { { :4 Board Of Commissioners Meet 04/02/2012 16-6-1 9 Ml M, � Board of Commissioners Meeting 04/02/2012 œœœœœœœœœœœœœœœ  ` Ab R Plannin Board meetin are held on the first Thursda of each month at 5:30PM in the Commissioner's Assembl Room at the 4 ' Old Count Courthouse, at Third and Princess Streets,, Wilmin North Carolina. Applications for sin dwellin includin mobile homes,' on individual lots must be accepted b Plannin & Zonin�pv twent (20) workin da before the re scheduled Commissioners meetin Applications for sin dwellin on individual lots do not re plannin board review. What You Must Establi 6 A For A I Use Permit General Re #1 The Board must find "that the use will not materiall endan the public health or safet if located where proposed ani ieveloped accordin to the plan as submitted and approved." General Re #2 Cie Board must find "'ffiat the use meets all re conditions and specifications"' of the Zonin Ordinance'", WE have an 8 foot privac fence in the back inside the fence is a four foot fence around the pla area. We provide parkin for 1 emplo and 4 off street parkin spaces. The existin area provides enou space for drop off and turn around for our parents. We compl with all state and local and federal laws. There are no outside si for the da Board of Commissioners Meetin 04/02/2012 16-7-2 Board of Commissioners Meetin 04/02/2012 16-7-3 OFFRUM Board of Commissioners Meeting 04/02/2012 16 -7 -5 Board of Commissioners Meeting 04/02/2012 16 -7 -6 NEW Grace and Ra Patterson M iss G race"s PI ace Da Ca rt,- 111 Cannon Road Wilmin NC 28411 We have a Special Use Permit allowin us to have 9 Da care children since J ul y 2004. We would like to increase our size &om 9 to 12. The Division of Child Care Services and the state allow up to 12 children in a residence as lon as we meet all re and s Two of our Da care parents are pre and alread have their other child in our care. We are seekin to increase our size to accommodate them and in turn it will help us out financiall We have a dau that attends UNCW and a dau of school a at O III 19 , Grace Patterson Ra Patterson Board of Commissioners Meetin 04/02/2012 16-7-7 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 17 DEPARTMENT: PRESENTER(S): Sam Burgess, Interim Planning Manager; and Chris O'Keefe, Planning & Inspections Director CONTACT(S): Sam Burgess, Interim Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Land Use Plan Amendment (LUP -14, 03/12) — 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. BRIEF SUMMARY: At their March 1, 2012 meeting, the Planning Board 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. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends support of the applicant's request as presented. ACTION REQUIRED 1. Concur with requested amendment by applicant; 2. Recommend minor changes; or 3. Object to proposal ATTACHMENTS: LUP -14 Script LUP -14 Staff Summary LUP -14 Adjacent Property Owners Map LUP -14 Current Land Class Map LUP -14 Proposed Land Class Map LUP -14 Application Package Board of Commissioners Meeting 04/02/2012 17 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 17 -0 ITEM # SCRIPT FOR TEXT AMENDMENT LUP -14 (03/12) 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. CHAIRMAN 1. This is a public hearing. We will first hear a presentation from staff. Then proponents of the land use plan map amendment and opponents of the land use plan map amendment will each be allowed 15 minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side. 2. Open the public hearing. a. Staff Presentation b. Proponent's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Proponent's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Commissioner discussion 5. Is there a motion to find that this map amendment is consistent with the 2006 CAMA Land Use Plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 04/02/2012 17 -1 -1 CASE: LUP -14, 03/12 Applicant: Rountree, Losee, & Baldwin, LLP for Gordon Road Properties, LLC REQUEST: Amend Land Use Plan — Amend Land Use Map appearing on page 66 of the adopted 2006 Land Use Plan modifying the boundary of the "Wetland Resource Protection" area to "Transition" located at the western end of Stephens Church Road, Kirkland Community. PLANNING BOARD ACTION: At their regular meeting on March 1, 2012, the Planning Board voted 6 -1 to recommend approval of the Land Use Plan Map Amendment as submitted by the applicant changing the "Wetland Resource Protection" classification to "Transition" for all four parcels. No one from the public spoke in opposition. CAMA LAND USE PLANS In 2006, the most recent CAMA Land Use Plan was adopted as a joint effort between New Hanover County and the City of Wilmington. The County subsequently amended portions of the plan in 2008 to accommodate the inclusion of the County's new Riverfront Mixed Use Zoning District. Policies and land classifications within the plan are routinely used as a local blue print to guide development decisions such as rezoning and /or special use proposals. However, the plan also takes on a regulatory role when CAMA permits are issued. The Coastal Area Management Act states that no permit shall be issued for development that is inconsistent with the approved land use plan for the county in which development is proposed. The provision makes land use plans important when it comes to coastal development. CAMA Plans have been prepared since the 1970's. CAMA plans are typically updated every five to six years depending on when funding is available. Amendments to the adopted plans are allowed and may be comprehensive or specialized to address a particular concern when required procedures are followed. Prior to adopting a CAMA Land Use Plan amendment, a public hearing is required at the local level, followed by certification by the North Carolina Coastal Resources Commission (CRC). The process schedule for land use plan amendments is unique, requiring the first hearing notice to be published at least 30 days in advance of the hearing and the second notice, not less than 10 days prior. Various time sensitive materials to the Division of Coastal Management (DCM) are also required. The County Commissioners will hear this item at its April 2, 2012 meeting, but the first opportunity to present an amendment to the Coastal Resources Commission will be at its June 20, 2012 meeting in Beaufort, NC. Through our standard advertisement of the Planning Board Agenda, the public has been invited to comment at its March 1, 2012 meeting prior to a recommendation to the Board of County Commissioners. Applicant's Request The applicant is requesting that the 2006 adopted Land Use Map be changed from "Wetland Resource Protection" to "Transition" on four (4) contiguous parcels that contain approximately 19.76 acres. The parcels are located at the western end of Stephens Church Road, Kirkland Community (see attached map). According to the applicant, the purpose of the request is based on the following two reasons: Board of Commissioners Meeting 04/02/2012 17-2-1 2. 1) A portion of the acreage shown on the Land Use Map (page 66 of Land Use Plan) as being in the "Transition" classification also fronts parcels from the elbow of Stephens Church Road northeast along both sides of the road. The balance of the acreage which includes the four parcels is classified as "Wetland Resource Protection." 2) The "Wetland Resource Protection" classification exists to protect "loss of wetland areas to development" through strategies that focus on encouraging preservation of wetlands and wetland functions. However, the wetlands delineation approved by the US Army Corps of Engineers indicates that no wetlands exist on the acreage (see attached Corps letter). A follow up letter from Troy Beasley, Environmental Scientist with Withers & Ravenel also did not identify any hydrologic indicators of wetland hydrology and the soils (Leon & Murville) located on site were not saturated within the upper 12" of the soil surface. Staff Summary "Wetland Resource Protection" is a sub classification within the Resource Protection land classification. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. The impact from which protection is needed is loss of wetland areas to development. The primary resource protection strategies focus on encouraging preservation of wetlands and wetland functions. The purpose of the "Transition" class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. The designation of "Transition" along Stephens Church Road was based in part on the installation of public sewer to the Kirkland Community in 1994. Approximately one million dollars was spent to rehabilitate the area. Sewer infrastructure is located near the subject parcels along Stephens Church Road. Water infrastructure is located across US 17 on Old Market Street. Stephens Church Road (SR 1351) is a NCDOT State maintained road with improvements to the road taking place with the creation of the 1- 140/17 Wilmington By -Pass several years ago. The area petitioned to be reclassified is not within a 100 year flood area. No historical landmarks are noted. Soil types include Leon (Le) and Murville (Mu). According to the Soil Conservation Service manual, both soils are class III which are characterized by severe wetness for dwellings without basements with the potential for flooding. The County's Conservation Overlay District (COD) ordinance is to protect important environmental and cultural resources within the County. Protection of these resources is necessary to maintain the County's diverse and ecologically important natural systems. The County's COD maps for the subject area reveal the resource Savannah on portions of the parcels. Savannah is rare in New Hanover County. The primary species is longleaf pine. Savannahs are the habitats which may support unusual assemblages of pitcher plants, Venus Flytraps, and orchids. They are wetlands but are not generally wet during the growing season. The Pee Dee and Castle Hayne Aquifers are located in this area. Water tables vary from 40' and greater. Board of Commissioners Meeting 04/02/2012 17 -2 -2 3. Staff Recommendation The applicant makes a good case for seeking removal of the "Wetland Resource Protection" classification and replacing the classification with "Transition" on the four parcels consisting of 19.76 acres. The introduction of the Army Corps of Engineers determination that no wetlands or waters of the state are present on site is compelling in addition to the letter sent by Mr. Beasley. A limited field survey performed by planning staff indicates that the upper 12" of soil sampled did not indicate wetness. Samples were taken approximately 36 hours after a one inch rainfall event. Vegetation consisted of long leaf pine and oak. Venus flytraps, pitcher plants and orchids were not observed on the brief visit. Policy 1.4 of the Land Use Plan is clear on the "protection, preservation, and wise use of our natural resources" based on the potentially adverse environmental impacts that a higher density development may bring. This protection is based on existing soil conditions, vegetation, conservation resources and protection of aquifers located nearby. Based on the letters submitted by the Corps of Engineers and a private consultant coupled with the field visit conducted by staff, staff recommends supporting the applicant's request changing the "Wetland Resource Protection" classification to "Transition." This change will allow for future development to qualify for increased density on the four parcels requested by the applicant. ACTION REQUIRED • Concur with requested amendment by applicant • Recommend minor changes; or • Object to proposal Board of Commissioners Meeting 04/02/2012 17 -2 -3 CIA M CL 0 LL . . ... . .... C%4 . '66 C) LZ 7 c ; TOM CL -77 Z a CIA z 0 U- 4--. M q ol LL LL LL. LL., LL., — —J 00�0 U) W; U) U) O� O� CD LL 0 1- — u (1) OL p (1; 0 LU Lu Lu LU CQ Cf)' CL 0 _ 1:?- M C -1 0 (1) 0 % LU LU, LU LU a- a-, cL, a- o 0�0,0 1- 1- U) LL z Z C) , ct� Cc W w LU; P , �-- C % 4 4 -TIT 0 = 4) 12L ct� cr- I a ct� a- a-,' cL a- Z% ; Z , ct � cr 2 2'� _j cL, a- 0 iE = 0 0 1— 0 C) b -c; 7; (1) u % LU LU LU I LU < a, ol 0 i--: al! —i" —i < LU' CO LU LU, CL W TOM 0 0 1— 0 03 0 LO m 0 0 010 — — — — CL > > m c r 4-0 LU LU <� CD CD CZ %MR ioL z (1) !7- 0 w (1) D� D D D D m �, m m 00 < 0, Lu 1— o I :E z CE � .2 M 10 L U 0 4= CD CD CD CD CD CD CD CD 1 1, 1' 1 CD M m >-, >- j -i P , LL- W` WW U) o z = ...... .... 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B =,i oiaQY,&,-Mcetin 04/02/2012 17-6-1 a a If y our petition i's deni4 y ou ma appeal to the Board of Com=ssioners. Plannin & Zom'n can advise y ou re a al procedures, I WMU ....... ...... . ........ ... 7,7 k r�4wpzmy g 7K25 Board of Commissioners Meetin 04/02/2012 17-6-2 NEW HANOVER COUNTY 230 Commment Center Drive M . u PLANNING & INSPECTIONS S he 110 WfiffdVon, NC 28403 %CA Zw DEPARTMENT 910-798-7165 phone TEd-YTAM.ENDMENT 910-798-7053 fax www.uhcpv.com Name or Petitioner Date Application Numba ( StW I Onl )& Gordon Road Deve2opment Partners, LLC 1/30/2012 Addms EwAAAdrns 6626-C Gordon Rd adamosnec com M State Name of Text to be dampti Wilmin NC 28411 Land Clase3aficati= map Telephone Num1w Section of Text to be eMa (91D) 264-4824 Botmdaries of "Transition" Zone S NUSSION RAOUMMENTS a a If y our petition i's deni4 y ou ma appeal to the Board of Com=ssioners. Plannin & Zom'n can advise y ou re a al procedures, I WMU ....... ...... . ........ ... 7,7 k r�4wpzmy g 7K25 Board of Commissioners Meetin 04/02/2012 17-6-2 Application for Text Amendment to Land Use Map of 2006 Wilmmi New Hanover Count CAMA Land Use Plan Pro osed Text Amendment The Land Classification Map appearin on pa 66 of the 2006 Wilma ton-New Ing -Hanover Count CAAM Land Use Plan ("Map") is amended as follows. is hereb chan from classification of "Wedand Resource Protection Area," "Transition " and shaH be so reflected on the Map. Ou,taf, Board of Commissioners Meetin 04/02/2012 17-6-3 Put C is fr tt �` Board of Commissioners Meeting 04/02/2012 17 -6 -4 Application for Text Amendment to Land Use Map of 2006 Wlilmmi New Hanover Count CAMA Land Use Plan 1. R02900-001-010-000 (8617 Market Street) 2, R02900-001-011-001 (8631 Stephens Church Rdi I R02900-001-013-000 (8703 Stephens Church Rdr,� R02900-001-073-000 (8621 Market Street) The g rounds for the amendment are as follows.- V" A F MV Protection Area" does not exist. Board of Commissioners Meetin 04/02/2012 17-6-5 > t 1 )� Z w .t . .. .... . ... lilt V y tr , ti II: Board of Commissioners Meeting 04/02/2012 17 -6 -6 PARID: R02900-001-013-000 UMQUE PROPERT119S OF NC LLC. Aore'alz 101171 8703 STEPHrtws C14URCH RD 4 1 0f4 Return archi ftesul Data Cop New Hanover Count [Disclaimer] [Privac Polic Lost Updated: 19 Dec 201 Site Desi Cop 1999-2006 Akanda Group LLC. All ri reserved. Board of Commissioners Meetin t,tp-.//etax.nhc sindex--1 &Idx=4&LMparent=20#TGV221QW 1 12:10-403 PMI 17-6-7 'C W TA T U A . .... .. 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Pty I l — Board of Commissioners Meeting 04/02/2012 17 -6 -20 Board of Commissioners Meeting 04/02/2012 œœœœœœœœœœœœœœœ  01 10 4 Disttict En Wilmin Re sion A-thi-Jennifer Fiye, Pro Mana wii;in Re Field Office Post Office Box 1890 I Wilmin North Carolmia 284024890 in order for an RFA to be accepted b the Corps, the Corps must determine that it is complete, that it meets the criteria for ,; under 33 CFR part 331.5, and that it has been received b the District Office within 60 da of the date of the NAP. ShDuld y ou decide to submit an R ii, nn, it must be received at the above address b 12t3l/2007, **It I's not necessar to submit an RFA form to the 131'sVict Office if y ou do not ob to the determination in thi's correspondence." 'Me Wfimin DiWict 'is committed to providin the hi level of support to the public. To help us ensure we continue t* do so, please complete the attached customer Satisfhotion Surve or visit F htto-,//www.saw.usace.@My.m.il86aTLANDS/indtx.ht.mI to complete the surve on1mie. Cop Aumished: Chad Coburn, DENR-DWQ, Wilmin Re Office, 127 Cardinal Drive Wihnin NC 28405 Tro Beasle Withers & Ravenel, 7040 Wri Ave., Suite 10 1 , WiWn NC 28403 G 07LUE Board of Commissioners Meetin 04/02/2012 17-6-22 R Asl!llrW NEW 4 OM S y �REWO OWN v rj . . . . . . . . . . . . ....... Board of Commissioners Meetin 04/02/2012 17-6-23 left, ikV E N E L 1 W TH ERB R, At EN13INEERS PLANNERS SURVEYORS 00 01 Tro Beasle Environmental Scientist WITHERS &RAVENEL, lNr,,., Attachments: 1) Aerial Photo 2 USGS Quadran 3 New Hanover Count Soil Surve sE Board of Commissioners Meetin 04/02/2012 17-6-24 17 -6 -27 s } 7 y i I� �iE k Board of Commissioners Meeting 04/02/2012 17 -6 -28 Application for Text Amendment to Land Use Map of 2006 Wilnuin New Hanover Count CAMA Land Use Plan Board of Commissioners Meetin 04/02/2012 17-6-29 fi i Board of Commissioners Meetin 04/02/2012 17-6-29 Application for Text Amendment Board of Commissioners Meetin 04/02/2012 17-6-30 to Land Use Map of 2006 Wiltmin Hanover Count CAMA Land Use Plan FNt ono r'I"ext Amendment tVii, Board of Commissioners Meetin 04/02/2012 17-6-31 Land Use Map of 2006 Wilnuin Hanover Count CAMA Land Use Plan i t t 1 y y{t'CS � -V±. t O1" a� } 1 7 , ittt s r1 is i1 un s f r �D14�� ( to O b J r} JsM1t t , r1 1f r .t �l Il i 1 ( i Z !� 4 '` I t r(rs�s A } T ,W �� i�li 4 �' 2 . .. s r ! :i t x. ( n�e y r (.'" Y 1 I t � I Board of Commissioners Meeting 04/02/2012 17 -6 -33 on UW Propaties of NC., ILC 1508 Mmar Road, Suite 302 Uffinfi North Carolina 28403 "A �A 110 ECS CarolinUt IJLP OBCS) recently do an infitftafic)n uvahudon for the propozza-I ;ed site areas at the above reforme Of Church Road M" OW 18the repat *4 Now 0 =mover Count North CwoHm This IWmq with I&P of our evaluation. Yhe g romawater level and dw SHWL were ad h1 at each borin location below Ihe 0 4 a prraae elevation. Below is a 9-U--M-- "MMM of each borin location. W ...................... ........................................................................... ........... ................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ "I'll", 0 . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ................... . .... .... ---------- ECS Pro No. 22.14609 Lkxwnbor 8. 2008 EcS conducted four infiltmfion tests wzin r a compact # 1 11 head P erme ameter near th; hand au borin to estimate the haffiftsfion nft fbr the subsmfice soils. Infilftmfion U*U am t conducW at two feet above the SHWL 4 n M OA M 1 -07; i 77 1 It i " Infilftmfi(m ndm SEIV& m vam wn &a pn site due to &-'hon WAW in elention If y ou have m q uestiow -v snpoftplem=tadusat(910)686-9114.1 LVWUWS in ILI: oil S�j i� Walid Prfildpai 2 NC License No. 22983 Board of Commissioners Meetin 04/02/2012 17-6-35 Geotechnical * Construcdon Materials a Environnm=W * ftdtttfes December 12, 2008 Aft. ion Vinead um Propwdes ofN.C,,, LLC 1508 MUftar Cuttoff Roact Suite 302 Winin North Carolina 28403 i 17 7 11 TO 7 1"t T V VJ i, ! ,1 17 ; A ECS Cmhmo LLP (j3cs) an. infi 4 0%W% eva l u sfOrm for the pmpoad areas at the above U site s-4 off of Stepbnntz Church Road M" ----& a IVI'l-Min Now E[anaver Count North Carolina, This letter, with affn w the repart %W W, of our evahudm The g roundwater lmd and the SHWL were KIE barin IwAfion below the =& elevadon. Below is a siimmaf of owl barin W"M 1 Efflivadon Stephens Church Road Y�ad WIbmin New Hanover Cmmt North Carolina ECS Project No. 22.14609 LWamber 8. 2008 ECS caaducted four infilft-ation tests ufili a compact head pelln n - bwd au badn to ces mrs -- the inffiftudon reft for the subsur&ce sofis. Lffiltmflon tesft a m. typicay at tw fwt above the SHWL. Fidd Tat Renks . . . . . . . . . . . 1 6 Y', 11 1111 fill 7 7y" �-c %to- I k- vOITI) P IZ&M *wTZ*4r* , nll-lifll �q Wafid M, Sob ] Prfilcipal . a NC No. 22983 Board of Commissioners Meetin 04/02/2012 17-6-37 MR4 t 4 �!U 121, FQ i T;JA IT$) b LUZ" 7 I = ,-V "10 WPM � � �� k �� OEM . . . . . . . . . . . 1 6 Y', 11 1111 fill 7 7y" �-c %to- I k- vOITI) P IZ&M *wTZ*4r* , nll-lifll �q Wafid M, Sob ] Prfilcipal . a NC No. 22983 Board of Commissioners Meetin 04/02/2012 17-6-37 f a f 4 J< � t Board of Commissioners Meeting 04/02/2012 17 -6 -38 T i i� " �,,. , I Board of Commissioners Meeting 04/02/2012 17 -6 -39 0 N 401! This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 2, 2012 REGULAR ITEM: 18 DEPARTMENT: PRESENTER(S): Wanda Copley, County Attorney and Chris Coudriet, Assistant County Manager CONTACT(S): Wanda Copley, County Attorney and Chris Coudriet, Assistant County Manager SUBJECT: Consideration of New Hanover County Short Session Legislative Goals BRIEF SUMMARY: The attached legislative goals have been prepared for the Board's consideration. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Influence legislation and external mandates to enhance local autonomy RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt Legislative Goals and direct staff to send Legislative Goals package to the New Hanover County delegation. Staff recommends the Board consider a legislative breakfast prior to the short session convening in May. ATTACHMENTS: Legislative Goals Gen. Statute References COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider and adopt Legislative Goals and direct staff to send Legislative Goals package to the New Hanover County delegation. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 04/02/2012 18 -0 New Hanover County Board of Commissioner Legislative Goals 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. An unintended consequence from the Act is that repeat offenders inappropriately benefit from Drug Court. Such persons manipulate the Drug Court option on an on -going basis with frequent relapses and a demonstrated lack of commitment to treatment. The present legislation unfortunately does not permit such persons to have their probationary sentences revoked so as to serve appropriate jail time, until they have served two 90 -day periods in the county jail. 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 re- establish that the decision of an administrative law judge in the context of any appeal from a County Health Department or County Social Services Department or their respective Boards is only an advisory recommendation and not binding on the County Department or Board. Adopt a State Budget Ordinance restoring a 50 150 state /local match for funding of Drug Treatment Court Programs pursuant to (G.S. 7A -794) Funding Administration. Board of Commissioners Meeting 04/02/2012 18 -1 -1 GS_ 15A -1334 Page 1 of 1 § 15A -1334. The sentencing hearing. (a) Time of Hearing. -- Unless the defendant waives the hearing, the court must hold a hearing on the sentence. Either the defendant or the State may, upon a showing which the judge determines to be good cause, obtain a continuance of the sentencing hearing. (b) Proceeding at Hearing. - The defendant at the hearing may make a statement in his own behalf. The defendant and prosecutor may present witnesses and arguments on facts relevant to the sentencing decision and may cross - examine the other party's witnesses. No person other than the defendant, his counsel, the prosecutor, and one making a presentence report may comment to the court on sentencing unless called as a witness by the defendant, the prosecutor, or the court. Formal rules of evidence do not apply at the hearing. (c) Sentence Hearing in Other District. - The judge who orders a presentence report may, in his discretion, direct that the sentencing hearing be held before him in another county or another district court district as defined in G.S. 7A -133 or superior court district or set of districts as defined in G.S. 7A -41.1, as the case may be, during or after the session in which the defendant was convicted. If sentence is imposed in a county other than the one where the defendant was convicted, the clerk of the county where sentence is imposed must forward the records of the sentencing proceeding to the clerk of the county of conviction. (d) Sentencing in Capital Cases. - Sentencing in capital cases is governed by Article 100 of this Chapter. (e) Procedure Applicable when Certain Prior Convictions May Be Used. - The procedure in G.S. 15A -980 governs if the State seeks to use a prior conviction in a sentencing hearing. (1977, c. 711, s. 1; 1983, c. 513, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 66.) Board of Commissioners Meeting 04/02/2012 18-2-1 httn• / /www nruq vtstP n 11 q/crq qrri ntq /qtqtl itpq /Rtnti itelnnk5in n19OntiitP= 15A -111A '1/77/'7() 17 GS_62 -13 3.8 Page 1 of 5 § 62- 133.8. Renewable Energy and Energy Efficiency Portfolio Standard (REPS). (a) Definitions. - As used in this section: (1) "Combined heat and power system" means a system that uses waste heat to produce electricity or useful, measurable thermal or mechanical energy at a retail electric customer's facility. (2) "Demand -side management" means activities, programs, or initiatives undertaken by an electric power supplier or its customers to shift the timing of electricity use from peak to nonpeak demand periods. "Demand -side management" includes, but is not limited to, load management, electric system equipment and operating controls, direct load control, and interruptible load. (3) "Electric power supplier" means a public utility, an electric membership corporation, or a municipality that sells electric power to retail electric power customers in the State. (3a) "Electricity demand reduction" means a measurable reduction in the electricity demand of a retail electric customer that is voluntary, under the real -time control of both the electric power supplier and the retail electric customer, and measured in real time, using two -way communications devices that communicate on the basis of standards. (4) "Energy efficiency measure" means an equipment, physical, or program change implemented after January 1, 2007, that results in less energy used to perform the same function. "Energy efficiency measure" includes, but is not limited to, energy produced from a combined heat and power system that uses nonrenewable energy resources. "Energy efficiency measure" does not include demand- side management. (S) "New renewable energy facility" means a renewable energy facility that either: a. was placed into service on or after January 1, 2007. b. Delivers or has delivered electric power to an electric power supplier pursuant to a contract with NC GreenPower Corporation that was entered into prior to January 1, 2007. C. Is a hydroelectric power facility with a generation capacity of 10 megawatts or less that delivers electric power to an electric power supplier. (6) "Renewable energy certificate" means a tradable instrument that is equal to one megawatt hour of electricity or equivalent energy supplied by a renewable energy facility, new renewable energy facility, or reduced by implementation of an energy efficiency measure that is used to track and verify compliance with the requirements of this section as determined by the Commission. A "renewable energy certificate" does not include the related emission reductions, including, but not limited to, reductions of sulfur dioxide, oxides of nitrogen, mercury, or carbon dioxide. (7) "Renewable energy facility" means a facility, other than a hydroelectric power facility with a generation capacity of more than 10 megawatts, that either: a. Generates electric power by the use of a renewable energy resource. b. Generates useful, measurable combined heat and power derived from a renewable energy resource. C. Is a solar thermal energy facility. (8) "Renewable energy resource" means a solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy resource; a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. "Renewable energy resource" does not include peat, a fossil fuel, or nuclear energy resource. (b) Renewable Energy and Energy Efficiency Standards (REPS) for Electric Public Utilities. - (1) Each electric public utility in the State shall be subject to a Renewable Energy and Energy Efficiency Portfolio Standard (REPS) according to the following schedule: Calendar Year REPS Requirement 2012 3% of 2011 North Carolina retail sales 2015 6% of 2014 North Carolina retail sales 2018 10% of 2017 North Carolina retail sales 2021 and thereafter Board of d2X /9i r2O?A orth Carolina retail sales 04/02/2012 18 -2 -2 httn• / /www nPSra gtatP ne n1?gtatiatP =67 -111 R X17717[117 GS 62 -13 3.8 Page 2 of 5 (2) An electric public utility may meet the requirements of this section by any one or more of the following: a. Generate electric power at a new renewable energy facility. b. Use a renewable energy resource to generate electric power at a generating facility other than the generation of electric power from waste heat derived from the combustion of fossil fuel. C. Reduce energy consumption through the implementation of an energy efficiency measure; provided, however, an electric public utility subject to the provisions of this subsection may meet up to twenty -five percent (25 %) of the requirements of this section through savings due to implementation of energy efficiency measures. Beginning in calendar year 2021 and each year thereafter, an electric public utility may meet up to forty percent (40 %) of the requirements of this section through savings due to implementation of energy efficiency measures. d. Purchase electric power from a new renewable energy facility. Electric power purchased from a new renewable energy facility located outside the geographic boundaries of the State shall meet the requirements of this section if the electric power is delivered to a public utility that provides electric power to retail electric customers in the State; provided, however, the electric public utility shall not sell the renewable energy certificates created pursuant to this paragraph to another electric public utility. e. Purchase renewable energy certificates derived from in -State or out -of -state new renewable energy facilities. Certificates derived from out-of-state new renewable energy facilities shall not be used to meet more than twenty -five percent (25 %) of the requirements of this section, provided that this limitation shall not apply to an electric public utility with less than 150,000 North Carolina retail jurisdictional customers as of December 31, 2006. f. Use electric power that is supplied by a new renewable energy facility or saved due to the implementation of an energy efficiency measure that exceeds the requirements of this section for any calendar year as a credit towards the requirements of this section in the following calendar year or sell the associated renewable energy certificates. g. Electricity demand reduction. (c) Renewable Energy and Energy Efficiency Standards (REPS) for Electric Membership Corporations and Municipalities. - (1) Each electric membership corporation or municipality that sells electric power to retail electric power customers in the State shall be subject to a Renewable Energy and Energy Efficiency Portfolio Standard (REPS) according to the following schedule: Calendar Year REPS Requirement 2012 3% of 2011 North Carolina retail sales 2015 6% of 2014 North Carolina retail sales 2018 and thereafter 10% of 2017 North Carolina retail sales (2) An electric membership corporation or municipality may meet the requirements of this section by any one or more of the following: a. Generate electric power at a new renewable energy facility. b. Reduce energy consumption through the implementation of demand -side management or energy efficiency measures. C. Purchase electric power from a renewable energy facility or a hydroelectric power facility, provided that no more than thirty percent (30 %) of the requirements of this section may be met with hydroelectric power, including allocations made by the Southeastern Power Administration. d. Purchase renewable energy certificates derived from in -State or out -of -state renewable energy facilities. An electric power supplier subject to the requirements of this subsection may use certificates derived from out -of -state renewable energy facilities to meet no more than twenty -five percent (25 %) of the requirements of this section. e. Acquire all or park j4 ,pAggfj,�,,pLqMg a wholesale purchase power agreement with 04/02/2012 h ttn•Ilunviv nran OntP nr » cl Qacrrintc /ctnf /ctatritPlnniti i ir 1 7 GS_52 -13 3.8 Page 3 of 5 a wholesale supplier of electric power whose portfolio of supply and demand options meets the requirements of this section. f. Use electric power that is supplied by a new renewable energy facility or saved due to the implementation of demand -side management or energy efficiency measures that exceeds the requirements of this section for any calendar year as a credit towards the requirements of this section in the following calendar year or sell the associated renewable energy certificates. g. Electricity demand reduction. (d) Compliance With REPS Requirement Through Use of Solar Energy Resources. -- For calendar year 2018 and for each calendar year thereafter, at least two- tenths of one percent (0.2 %) of the total electric power in kilowatt hours sold to retail electric customers in the State, or an equivalent amount of energy, shall be supplied by a combination of new solar electric facilities and new metered solar thermal energy facilities that use one or more of the following applications: solar hot water, solar absorption cooling, solar dehumidification, solar thermally driven refrigeration, and solar industrial process heat. The terms of any contract entered into between an electric power supplier and a new solar electric facility or new metered solar thermal energy facility shall be of sufficient length to stimulate development of solar energy; provided, the Commission shall develop a procedure to determine if an electric power supplier is in compliance with the provisions of this subsection if a new solar electric facility or a new metered solar thermal energy facility fails to meet the terms of its contract with the electric power supplier As Used in this subsection, "new" means a facility that was first placed into service on or after January 1, 2007. The electric power suppliers shall comply with the requirements of this subsection according to the following schedule: Requirement for Solar Calendar Year Energy Resources 2010 0.02% 2012 0.07% 2015 0.14% 2018 0.20% (e) Compliance With REPS Requirement Through Use of Swine Waste Resources. - For calendar year 2018 and for each calendar year thereafter, at least two- tenths of one percent (0.2 %) of the total electric power in kilowatt hours sold to retail electric customers in the State shall be supplied, or contracted for supply in each year, by swine waste. The electric power suppliers, in the aggregate, shall comply with the requirements of this subsection according to the following schedule: Requirement for Swine Calendar Year Waste Resources 2012 0.07% 2015 0.14% 2018 0.20% (f) Compliance With REPS Requirement Through Use of Poultry Waste Resources. - For calendar year 2014 and for each calendar year thereafter, at least 900,000 megawatt hours of the total electric power sold to retail electric customers in the State or an equivalent amount of energy shall be supplied, or contracted for supply in each year, by poultry waste combined with wood shavings, straw, rice hulls, or other bedding material. The electric power suppliers, in the aggregate, shall comply with the requirements of this subsection according to the following schedule: Requirement for Poultry Calendar Year Waste Resources 2012 170,000 megawatt hours 2013 700,000 megawatt hours 2014 900,000 megawatt hours (g) Control of Em issions. — As used in this subsection, Best Available Control Technology (BACT) means an emissions limitation based on the maximum degree a reduction in the emission of air pollutants that is achievable for a facility, taking into account energy, environmental, and economic impacts and other costs. A biomass combustion process at any new renewable energy facility that delivers electric power to an electric power supplier shall meet BACT. The Environmental Management Commission shall determine on a case -by -case basis the BACT for a facility that would not otherwise be required to comply with BACT pursuant to the Prevention of Significant Deterioration (PSD) emissions program. The Environmental Management Commission may adopt rules to implement this subsection. In adopting rules, the Environmental Manf. &&V " §sWAtiAall take into account cumulative and secondary 18 -2 -4 httn•Ilxananar necyn etatP nr ��clrracrrir s tcletafc�tPCletat��tQlnnlr��r� nl9ctat]1tP A'7_111 Q 11/1)1)/1)A11) GS_62 -133.8 Page 4 of 5 impacts associated with the concentration of biomass facilities in close proximity to one another. In adopting rules the Environmental Management Commission shall provide for the manner in which a facility that would not otherwise be required to comply with BACT pursuant to the PSD emissions programs shall meet the BACT requirement. This subsection shall not apply to a facility that qualifies as a new renewable energy facility under sub - subdivision b. of subdivision (5) of subsection (a) of this section. (h) Cost Recovery and Customer Charges. - (1) For the purposes of this subsection, the term "incremental costs" means all reasonable and prudent costs incurred by an electric power supplier to: a. Comply with the requirements of subsections (b), (c), (d), (e), and (f) of this section that are in excess of the electric power supplier's avoided costs other than those costs recovered pursuant to G.S. 62- 133.9. b. Fund research that encourages the development of renewable energy, energy efficiency, or improved air quality, provided those costs do not exceed one million dollars ($1,000,000) per year. C. Comply with any federal mandate that is similar to the requirements of subsections (b), (c), (d), (e), and (f) of this section that exceed the costs that the electric power supplier would have incurred under those subsections in the absence of the federal mandate. (2) All reasonable and prudent costs incurred by an electric power supplier to comply with any federal mandate that is similar to the requirements of subsections (b), (c), (d), (e), and (f) of this section, including, but not limited to, the avoided costs associated with a federal mandate that exceeds the avoided costs that the electric power supplier would have incurred pursuant to subsections (b), (c), (d), (e), and (f) of this section in the absence of the federal mandate, shall be recovered by the electric power supplier in an annual rider charge assessed in accordance with the schedule set out in subdivision (4) of this subsection increased by the Commission on a pro rata basis to allow for full and complete recovery of all reasonable and prudent costs incurred to comply with the federal mandate. (3) Except as provided in subdivision (2) of this subsection, the total annual incremental cost to be incurred by an electric power supplier and recovered from the electric power supplier's retail customers shall not exceed an amount equal to the per - account annual charges set out in subdivision (4) of this subsection applied to the electric power supplier's total number of customer accounts determined as of December 31 of the previous calendar year. An electric power supplier shall be conclusively deemed to be in compliance with the requirements of subsections (b), (c), (d), (e), and (f) of this section if the electric power supplier's total annual incremental costs incurred equals an amount equal to the per - account annual charges set out in subdivision (4) of this subsection applied to the electric power supplier's total number of customer accounts determined as of December 31 of the previous calendar year. The total annual incremental cost recoverable by an electric power supplier from an individual customer shall not exceed the per - account charges set out in subdivision (4) of this subsection except as these charges may be adjusted in subdivision (2) of this subsection. (4) An electric power supplier shall be allowed to recover the incremental costs incurred to comply with the requirements of subsections (b), (c), (d), (e), and (f) of this section and fund research as provided in subdivision (1) of this subsection through an annual rider not to exceed the following per - account annual charges: 2015 and Customer Class 2008 -2011 2012 -2014 thereafter Residential per account $10.00 $12.00 $34.00 Commercial per account $50.00 $150.00 $150.00 Industrial per account $500.00 $1,000.00 $1,000.00 (5) The Commission shall adopt rules to establish a procedure for the annual assessment of the per — account charges set out in this subsection to an electric public utility's customers to allow for timely recovery of all reasonable and prudent costs of compliance with the requirements of subsections (b), (c), (d), �1��„� tkn and to fund research as provided in subdivision 04/02/2012 18 -2 -5 httn- / /www nrora PtntP nr ijv. ancrrintp. /ctnt»tPlnnVIln' nl ?ctat»tP =F ?_ 1 "J J R '� 17717f117 GS 62 -13 3.8 Page 5 of 5 (1) of this subsection. The Commission shall ensure that the costs to be recovered from individual customers on aper- account basis pursuant to subdivisions (2) and (3) of this subsection are in the same proportion as the per - account annual charges for each customer class set out in subdivision (4) of this subsection. (i) Adoption of Rules. -The Commission shall adopt rules to implement the provisions of this section. In developing rules, the Commission shall: (1) Provide for the monitoring of compliance with and enforcement of the requirements of this section. (2) Include a procedure to modify or delay the provisions of subsections (b), (c), (d), (e), and (f) of this section in whole or in part if the Commission determines that it is in the public interest to do so. The procedure adopted pursuant to this subdivision shall include a requirement that the electric power supplier demonstrate that it made a reasonable effort to meet the requirements set out in this section. (3) Ensure that energy credited toward compliance with the provisions of this section not be credited toward any other purpose, including another renewable energy portfolio standard or voluntary renewable energy purchase program in this State or any other state. (4) Establish standards for interconnection of renewable energy facilities and other nonutility -owned generation with a generation capacity of 10 megawatts or less to an electric public utility's distribution system; provided, however, that the Commission shall adopt, if appropriate, federal interconnection standards. (5) Ensure that the owner and operator of each renewable energy facility that delivers electric power to an electric power supplier is in substantial compliance with all federal and state laws, regulations, and rules for the protection of the environment and conservation of natural resources. (6) Consider whether it is in the public interest to adopt rules for electric public utilities for net metering of renewable energy facilities with a generation capacity of one megawatt or less. (7) Develop procedures to track and account for renewable energy certificates, including ownership of renewable energy certificates that are derived from a customer owned renewable energy facility as a result of any action by a customer of an electric power supplier that is independent of a program sponsored by the electric power supplier. (j) Report. - No later than October 1 of each year, the Commission shall submit a report on the activities taken by the Commission to implement, and by electric power suppliers to comply with, the requirements of this section to the Governor, the Environmental Review Commission, and the Joint Legislative Commission on Governmental Operations. The report shall include any public comments received regarding direct, secondary, and cumulative environmental impacts of the implementation of the requirements of this section. In developing the report, the Commission shall consult with the Department of Environment and Natural Resources. (k) Tracking of Renewable Energy Certificates. - No later than July 1, 2010, the Commission shall develop, implement, and maintain an Internet Web site for the online tracking of renewable energy certificates in order to verify the compliance of electric power suppliers with the REPS requirements of this section and to facilitate the establishment of a market for the purchase and sale of renewable energy certificates. (2007 -397, s. 2(a); 2009 -475, s. 14(a); 2011 -55, ss. 1, 2, 3; 2011 -291, s. 2.13; 2011 -309, s. 2; 2011 -394 S. 1.) Board of Commissioners Meeting 04/02/2012 18 -2 -6 �ttr�•Il�xnxnx� n ran 4ztatP nr ��elrracrrir ►tcictaf»tPeletat »tPlnnlr»r� "19Qtaf,1tP= A1_111 Q 11/11/11)11) GS 53A-77 Page 1 of 3 § 153A -77. Authority of boards of commissioners in certain counties over commissions, boards, agencies, etc. (a) In the exercise of its jurisdiction over commissions, boards and agencies, the board of county commissioners may assume direct control of any activities theretofore conducted by or through any commission, board or agency by the adoption of a resolution assuming and conferring upon the board of county commissioners all powers, responsibilities and duties of any such commission, board or agency. This subsection shall apply to the board of health, the social services board, area mental health, developmental disabilities, and substance abuse area board and any other comm board or agency appointed by the board of county commissioners or acting under and pursuant to authority of the board of county commissioners of said county. A board of county commissioners exercising the power and authority under this subsection may, notwithstanding G.S. 130A -25, enforce public health rules adopted by the board through the imposition of civil penalties. If a public health rule adopted by a board of county commissioners imposes a civil penalty, the provisions of G.S. 130A -25 making its violation a misdemeanor shall not be applicable to that public health rule unless the rule states that a violation of the rule is a misdemeanor. The board of county commissioners may exercise the power and authority herein conferred only after a public hearing held by said board pursuant to 30 days' notice of said public hearing given in a newspaper having general circulation in said county. The board of county commissioners may also appoint advisory boards, committees, councils and agencies composed of qualified and interested county residents to study, interpret and develop community support and cooperation in activities conducted by or under the authority of the board of county commissioners of said county. (b) In the exercise of its jurisdiction over commissions, boards, and agencies, the board of county commissioners of a county having a county manager pursuant to G.S. 153A -81 may: (1) Consolidate the provision of human services in the county under the direct control of a human services director appointed and supervised by the county manager in accordance with subsection (e) of this section; (2) Create a consolidated human services board having the powers conferred by subsection (c) of this section; (3) Create a consolidated county human services agency having the authority to carry out the functions of the local health department, the county department of social services, and the area mental health, developmental disabilities, and substance abuse services authority; and (4) Assign other county human services functions to be performed by the consolidated human services agency under the direction of the human services director, with policy - making authority granted to the consolidated human services board as determined by the board of county commissioners. (c) A consolidated human services board appointed by the board of county commissioners shall serve as the policy- making, rule - making, and administrative board of the consolidated human services agency. The consolidated human services board shall be composed of no more than 25 members. The composition of the board shall reasonably reflect the population makeup of the county and shall include: (1) Eight persons who are consumers of human services, public advocates, or family members of clients of the consolidated human services agency including one person with mental illness, one person with a developmental disability, one person in recovery from substance abuse, one family member of a person with mental illness, one family member of a person with a developmental disability, one family member of a person with a substance abuse problem, and two consumers of other human services. (2) Eight persons who are professionals, each with qualifications in one of these categories: one psychologist, one pharmacist, one engineer, one dentist, one optometrist, one veterinarian, one social worker, and one registered nurse. (3) Two physicians licensed to practice medicine in this State, one of whom shall be a psychiatrist. (4) One member of the board of county commissioners. (5) other persons, including members of the general public representing various occupations. The board of county commissioners may elect to appoint a member of the consolidated human services board to fill concurrently more than one category of membership if the member has the qualifications or attributes of more than one category of membership. All members of the consolidated human services board shall be residents of the county. The members of the board shall serve four -year terms. No member may serve more than two consecutive four —year terms. The county commissioner member shall serve only as to s° W��"#.iVW86u'nty commissioner. 18 -2 -7 httn• / /www nran ctntp nr jicl itPClctatiiteinnk»n n�`7ctafi�tP =i ;I A-77 1/7717ni 7 GS 53 A -77 Page 2 of 3 The initial board shall be appointed by the board of county commissioners upon the recommendation of a nominating committee comprised of members of the preconsolidation board of health, social services board, and area mental health, developmental disabilities, and substance abuse services board. In order to establish a uniform staggered term structure for the board, a member may be appointed for less than afour -year term. After the subsequent establishment of the board, its board shall be appointed by the board of county commissioners from nominees presented by the human services board. Vacancies shall be filled for any unexpired portion of a term. A chairperson shall be elected annually by the members of the consolidated human services board. A majority of the members shall constitute a quorum. A member may be removed from office by the county board of commissioners for (i) commission of a felony or other crime involving moral turpitude; (ii) violation of a State law governing conflict of interest; (iii) violation of a written policy adopted by the county board of commissioners; (iv) habitual failure to attend meetings; (v) conduct that tends to bring the office into disrepute; or (vi) failure to maintain qualifications for appointment required under this subsection. A board member may be removed only after the member has been given written notice of the basis for removal and has had the opportunity to respond. A member may receive a per diem in an amount established by the county board of commissioners. Reimbursement for subsistence and travel shall be in accordance with a policy set by the county board of commissioners. The board shall meet at least quarterly. The chairperson or three of the members may call a special meeting. (d) The consolidated human services board shall have authority to: (1) Set fees for departmental services based upon recommendations of the human services director. Fees set under this subdivision are subject to the same restrictions on amount and scope that would apply if the fees were set by a county board of health, a county board of social services, or a mental health, developmental disabilities, and substance abuse area authority. (2) Assure compliance with laws related to State and federal programs. (3) Recommend creation of local human services programs. (4) Adopt local health regulations and participate in enforcement appeals of local regulations. (5) Perform regulatory health functions required by State law. (6) Act as coordinator or agent of the State to the extent required by State or federal law. (7) Plan and recommend a consolidated human services budget. (8) Conduct audits and reviews of human services programs, including quality assurance activities, as required by State and federal law or as may otherwise be necessary periodically. (9) Advise local officials through the county manager. (10) Perform public relations and advocacy functions. (11) Protect the public health to the extent required by law. (12) Perform comprehensive mental health services planning. (13) Develop dispute resolution procedures for human services contractors and clients and public advocates, subject to applicable State and federal dispute resolution procedures for human services programs, when applicable. Except as otherwise provided, the consolidated human services board shall have the powers and duties conferred by law upon a board of health, a social services board, and an area mental health, developmental disabilities, and substance abuse services board. Local employees who serve as staff of a consolidated county human services agency are subject to county personnel policies and ordinances only and are not subject to the provisions of the State Personnel Act. (e) The human services director of a consolidated county human services agency shall be appointed and dismissed by the county manager with the advice and consent of the consolidated human services board. The human services director shall report directly to the county manager. The human services director shall: (1) Appoint staff of the consolidated human services agency with the county manager's approval. (2) Administer State human services programs. (3) Administer human services programs of the local board of county commissioners. (4) Act as secretary and staff to the consolidated human services board under the direction of the county manager. (5) Plan the budget of the consolidated human services agency. (6) Advise the board of county commissioners through the county manager. (7) Perform regulatory functions of investigation and enforcement of State and local health regulations, as required by State law. (8) Act as an agent of and liaa t6cthenSWtV*6Aheixwtent required by law. 04/02/2012 18 -2 -8 }ittn• / /txnanu nraa ctatP nr sic/ oacrrintc /ctafiitPC /etatiitPlnnknn n19etat1itP =1 S'2 A_'77 1/77/7f117 GS - 153A-77 Page 3 of 3 Except as otherwise provided by law, the human services director or the director's designee shall have the same powers and duties as a social services director, a local health director, and a director of an area mental health, developmental disabilities, and substance abuse services authority. (f) This section applies to counties with a population in excess of 425,000. (1973, c. 454, ss. 1-21/2; 1985, c. 589, s. 55; c. 754, s. 1; 1987, c. 217, ss. 1, 2; 1995 (Reg. Sess 1996), c. 690, s. 3; 2001 - 120, s. 1.) Board of Commissioners Meeting 04/02/2012 18 -2 -9 httn / /www necrq date nr� iic/ anRerintc /OntiitPC /ctat nl9ctat1Ap =1 S1 A_77 117717n1'] GS 162A -9 Page 1 of 2 § 162A --9. Rates and charges; notice; contracts for water or services; deposits; delinquent charges. (a) An authority may establish and revise a schedule of rates, fees, and other charges for the use of and for the services furnished or to be furnished by any water system or sewer system or parts thereof awned or operated by the authority. The rates, fees, and charges established under this subsection are not subject to supervision or regulation by any bureau, board commissi or other agency of the State or of any political subdivision. Before an authority sets or revises rates, fees, or other charges for stormwater management programs and structural or natural stormwater and drainage system service, the authority shall hold a public hearing on the matter. At least seven days before the hearing, the authority shall publish notice of the public hearing in a newspaper having general circulation in the area. An authority may impose rates, fees, or other charges for stormwater management programs and stormwater and drainage system service on a person even though the person has not entered into a contract to receive the service. Rates, fees, and charges shall be fixed and revised so that the revenues of the authority, together with any other available funds, will be sufficient at all times: (1) To pay the cast of maintaining, repairing, and operating the systems or parts thereof owned or operated by the authority, including reserves for such purposes, and including provision for the payment of principal of and interest on indebtedness of a political subdivision or of political subdivisions which payment shall have been assumed by the authority, and (2) To pay the principal of and the interest on all bands issued by the authority under the provisions of this Article as the same shall become due and payable and to provide reserves therefor. The fees established under this subsection must be made applicable throughout the service area. Schedules of rates, fees, charges, and penalties for providing stormwater management programs and structural and natural stormwater and drainage system service may vary according to whether the property served is residential, commercial, or industrial property, the property's use, the size of the property, the area of impervious surfaces on the property, the quantity and quality of the runoff from the property, the characteristics of the watershed into which stormwater from the property drains, and other factors that affect the stormwater drainage system. Rates, fees, and charges imposed under this subsection for stormwater management programs and stormwater and drainage system service may not exceed the authority's cost of providing a stormwater management program and a structural and natural stormwater and drainage system. The authority's cost of providing a stormwater management program and a structural and natural stormwater and drainage system includes any costs necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and State laws, regulations, and rules. No stormwater utility fee may be levied under this subsection whenever two or more units of local government operate separate stormwater management programs or separate structural and natural stormwater and drainage system services in the same area within a county. However, two or more units of local government may allocate among themselves the functions, duties, powers, and responsibilities for jointly operating a stormwater management program and structural and natural stormwater and drainage system service in the same area within a county, provided that only one unit may levy a fee for the service within the joint service area. For purposes of this subsection, a unit of local government shall include a regional authority providing stormwater management programs and structural and natural stormwater and drainage system services. (al) An authority shall provide notice to interested parties of the imposition of or increase in rates, fees, and charges under subsection (a) of this section applicable solely to the construction of development subj ect to Part 2 of Article 1 of Chapter 160A or Part 2 of Article 18 of Chapter 153A of the General Statutes at least seven days prior to the first meeting where the imposition of or increase in the rates, fees, and charges is on the agenda for consideration. The authority shall employ at least two of the following means of communication in order to provide the notice required by this subsection: (1) Notice of the meeting in a prominent location on a web site managed or maintained by the authority. (2) Notice of the meeting in a prominent physical location, including, but not limited to, the authority's headquarters or any government building, library, or courthouse located within the authority's service area. (3) Notice of the meeting by electronic mail to a list of interested parties that is created by the authority for the purpose of notification as required by this section. (4) Notice of the meeting by facsimile to a list of interested parties that is created by the authority for the purpose of notification as required by this section. (a2) If an authority does not maintaingtsro owiebs e;sit1may employ the notice option provided by subdivision 04/02/2012 18 -2- 10 httn'llwww necra state ne ricl itPClcta t»telnn iIn n 19 0s hitP =1 67 A_q �17717f1� 7 GS 162A -9 Page 2 of 2 (1) of subsection (al) of this section by submitting a request to a county or counties in which the authority is located to post such notice in a prominent location on a Web site that is maintained by the county or counties. Any authority that elects to provide such notice shall make its request to the county or counties at least 15 days prior to the date of the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration. (a3) During the consideration of the imposition of or increase in rates, fees, or charges under this subsection, the authority shall permit a period of public comment. (a4) The notice requirements in subsection (al) of this section shall not apply if the imposition of or increase in rates, fees, and charges is contained in a budget filed in accordance with the requirements of G.S. 159 -12. (b) Notwithstanding any of the foregoing provisions of this section, the authority may enter into contracts relating to the collection, treatment or disposal of sewage or the purchase or sale of water which shall not be subject to revision except in accordance with their terms. (c) In order to insure the payment of such rates, fees and charges as the same shall become due and payable, the authority may do the following in addition to exercising any other remedies which it may have: (1) Require reasonable advance deposits to be made with it to be subject to application to the payment of delinquent rates, fees and charges. (2) At the expiration of 30 days after any rates, fees and charges become delinquent, discontinue supplying water or the services and facilities of any water system or sewer system of the authority. (3) Specify the order in which partial payments are to be applied when a bill covers more than one service. (1955, c. 1195, s. 8; 1971, c. 892, s. 1; 1989 (Reg. Sess., 1990), c. 1004, s. 45; 1991, c. 591, s. 4; 1991 (Reg. Sess., 1992), c. 1007, s. 47; 2000 -70, s. 7; 2009 -436, s. 4; 2010 -180, s. 11(d).) Board of Commissioners Meeting 04/02/2012 18-2-11 httn • / /-% xnarur ne an ctntp ne » c /rr r1 `7ctnti 1tP-=' =1 Al A -0 Article 3. Administrative Hearings. § 15013-22. Settlement; contested case. It is the policy of this state that any dispute between an agency and another person that involves the person's rights, duties, or privileges, including licensing or the levy of a monetary penalty, should be settled through informal procedures. In trying to reach a settlement through informal procedures, the agency may not conduct a proceeding at which sworn testimony is taken and witnesses may be cross - examined. If the agency and the other person do not agree to a resolution of the dispute through informal procedures, either the agency or the person may commence an administrative proceeding to determine the person's rights, duties, or privileges, at which time the dispute becomes a "contested case." (1985 (Reg. less., 1986), c. 1022, s. 1(11); 1991, c. 418, s. 16.) § 15013-22.1. Special education petitions. (a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter 1150 of the General statutes must be followed in an impartial due process hearing initiated when a petition is filed under G.S. 1150 -1 09.5 with the Office of Administrative Hearings. (b) The administrative law judge who conducts a hearing under G.S. 1150 -109.0 shall not be a person who has a personal or professional interest that conflicts with the judge's objectivity in the hearing. Furthermore, the judge must possess knowledge of, and the ability to understand, IDEA and legal interpretations of IDEA by federal and state courts. The judges are encouraged to participate in training developed and provided by the State Board of Education under G.S. 1150- 107.2(h )[(g)]. (c) For the purpose of this section, the term "IDEA" means The Individuals with Disabilities Education Improvement Act, 20 U.S.C. § 1400, et seq., (2004), as amended, and its regulations. (2005 -59, s. 5.) § 15013-23. commencement; assignment of administrative law judge; hearing required; notice; intervention. (a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150E -23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that Office. The party who files the petition shall serve a copy of the petition on all other parties and, if the dispute concerns a license, the person who holds the license. A party who files a petition shall file a certificate of service together with the petition. A petition shall be signed by a party or a representative of the party and, if filed by a party other than an agency, shall state facts tending to establish that the agency named as the respondent has deprived the petitioner of property, has ordered the petitioner to pay a fine or civil penalty, or has otherwise substantially prejudiced the petitioner's rights and that the agency: (1) Exceeded its authority or jurisdiction; Board of Commissioners Meeting 04/02/2012 18-2-12 (2) Acted erroneously; (3) Failed to use proper procedure; (4) Acted arbitrarily or capriciously; or (5) Failed to act as required by law or rule. The parties in a contested case shall be given an opportunity for a hearing without undue delay. Any person aggrieved may commence a contested case hereunder. A local government employee, applicant for employment, or former employee to whom Chapter 126 of the General Statutes applies may commence a contested case under this Article in the same manner as any other petitioner. The case shall be conducted in the same manner as other contested cases under this Article. (a1) Repealed by Session Laws 1985 (Regular Session, 1986), c. 1022, s. 1(9). (a2) An administrative law judge assigned to a contested case may require a party to the case to file a prehearing statement. A party's prehearing statement must be served on all other parties to the contested case. (b) The parties to a contested case shall be given a notice of hearing not less than 15 days before the hearing by the Office of Administrative Hearings. If prehearing statements have been filed in the case, the notice shall state the date, hour, and place of the hearing. If prehearing statements have not been filed in the case, the notice shall state the date, hour, place, and nature of the hearing, shall list the particular sections of the statutes and rules involved, and shall give a short and plain statement of the factual allegations. (c) Notice shall be given by one of the methods for service of process under G.S. 1A -1, Rule 40) or Rule 403). If given by registered or certified mail, by signature confirmation as provided by the United States Postal Service, or by designated delivery service authorized pursuant to 26 U.S.C. § 7502(fl(2) with delivery receipt, notice shall be deemed to have been given on the delivery date appearing on the return receipt, copy of the proof of delivery provided by the United States Postal Service, or delivery receipt. If giving of notice cannot be accomplished by a method under G.S. 1A -1, Rule 40) or Rule 403), notice shall then be given in the manner provided in G.S. 1A -1, Rule 401). (d) Any person may petition to become a party by filing a motion to intervene in the manner provided in G.S. 1A -1, Rule 24. In addition, any person interested in a contested case may intervene and participate in that proceeding to the extent deemed appropriate by the administrative law judge. (e) All hearings under this Chapter shall be open to the public. Hearings shall be conducted in an impartial manner. Hearings shall be conducted according to the procedures set out in this Article, except to the extent and in the particulars that specific hearing procedures and time standards are governed by another statute. (f) Unless another statute or a federal statute or regulation sets a time limitation for the filing of a petition in contested cases against a specified agency, the general limitation for the filing of a petition in a contested case is 60 days. The time limitation, whether established by another statute, federal statute, or Board of Commissioners Meeting 04/02/2012 18-2-13 federal regulation, or this section, shall commence when notice is given of the agency decision to all persons aggrieved who are known to the agency by personal delivery or by the placing of the notice in an official depository of the United States postal Service wrapped in a wrapper addressed to the person at the latest address given by the person to the agency. The notice shall be in writing, and shall set forth the agency action, and shall inform the persons of the right, the procedure, and the time limit to file a contested case petition. When no informal settlement request has been received by the agency prior to issuance of the notice, any subsequent informal settlement request shall not suspend the time limitation for the filing of a petition for a contested case hearing. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 65; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, ss. 1(9), (10), 6(2), (3); 1987, c. 878, ss. 3 -5; c. 879, s. 6.1; 1987 (Reg. Sess., 1988), c. 1111, s. 5; 1991, c. 35, s. 1; 1993 (Reg. Sess., 1994), c. 572, s. 2; 2009 -451, s. 21 A.1(a); 2011 -332, s. 2.1; 2011 -398, s. 16.) § 15013-23.1. Mediated settlement conferences. (a) Purpose. —This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require the parties in a contested case to attend a prehearing settlement conference conducted by a mediator. The purpose of the program is to determine whether a system of mediated settlement conferences may make the operation of the Office of Administrative Hearings more efficient, less costly, and more satisfying to the parties. (b) Definitions. —The following definitions apply in this section: (1) Mediated settlement conference. — A conference ordered by the chief administrative law judge involving the parties to a contested case and conducted by a mediator prior to a contested case hearing. (2) Mediator. — A neutral person who acts to encourage and facilitate a resolution of a contested case but who does not make a decision on the merits of the contested case. (c) Conference. —The chief administrative law judge may order a mediated settlement conference for all or any part of a contested case to which an administrative law judge is assigned to preside. All aspects of the mediated settlement conference shall be conducted insofar as possible in accordance with the rules adopted by the Supreme Court for the court- ordered mediation pilot program under G.S. 7A -38. (d) Attendance. —The parties to a contested case in which a mediated settlement conference is ordered, their attorneys, and other persons having authority to settle the parties' claims shall attend the settlement conference unless excused by the presiding administrative law judge. (e) Mediator. —The parties shall have the right to stipulate to a mediator. Upon the failure of the parties to agree within a time limit established by the presiding administrative law judge, a mediator shall be appointed by the presiding administrative law judge. Board of Commissioners Meeting 04/02/2012 18-2-14 (f) Sanctions. —Upon failure of a party or a party's attorney to attend a mediated settlement conference ordered under this section, the presiding administrative law judge may impose any sanction authorized by G.S. 1506- 33(b)(8) or (10). (g) Standards. — Mediators authorized to conduct mediated settlement conferences under this section shall comply with the standards adopted by the Supreme Court for the court- ordered mediation pilot program under G.S. 7A -38. (h) Immunity. — A mediator acting pursuant to this section shall have judicial immunity in the same manner and to the same extent as a judge of the General Court of Justice. (i) Costs. —Costs of a mediated settlement conference shall be paid one share by the petitioner, one share by the respondent, and an equal share by any intervenor, unless otherwise apportioned by the administrative law judge. (j) Inadmissibility of Negotiations. —All conduct or communications made during a mediated settlement conference are presumed to be made in compromise negotiations and shall be governed by Rule 408 of the North Carolina Rules of Evidence. (k) Right to Hearing. — Nothing in this section restricts the right to a contested case hearing. (1993, c. 321, s. 25(b); c. 363, ss. 1, 3; 1995, c. 145, s. 1.) § 1506 -23.2. Fee for filing a contested case hearing. (a) Filing Fee. — In every contested case commenced in the Office of Administrative Hearings by a person aggrieved, the petitioner shall pay a filing fee, and the administrative law judge shall have the authority to assess that filing fee against the losing party, in the amount of one hundred twenty -five dollars ($125.00), unless the Office of Administrative Hearings establishes a lesser filing fee by rule. (b) Time of Collection. —All fees that are required to be assessed, collected, and remitted under subsection (a) of this section shall be collected by the Office of Administrative Hearings at the time of commencement of the contested case (except in suits in forma pauperis). (c) Forms of Payment. —The Office of Administrative Hearings may by rule provide for the acceptable forms for payment and transmission of the filing fee. (d) Wavier or Refund. —The Office of Administrative Hearings shall by rule provide for the fee to be waived in a contested case in which the petition is filed in forma pauperis and supported by such proofs as are required in G.S. 1 -110 and in a contested case involving a mandated federal cause of action. The Office of Administrative Hearings shall by rule provide for the fee to be refunded in a contested case in which the losing party is the State. (2009 -451, s. 21A.1(b).) § 15013-24. Venue of hearing. (a) The hearing of a contested case shall be conducted: Board of Commissioners Meeting 04/02/2012 18-2-15 (1) In the county in this State in which any person whose property or rights are the subject matter of the hearing maintains his residence; (2) In the county where the agency maintains its principal office if the property or rights that are the subject matter of the hearing do not affect any person or if the subject matter of the hearing is the property or rights of residents of more than one county; or (3) In any county determined by the administrative law judge in his discretion to promote the ends of justice or better serve the convenience of witnesses. (b) Any person whose property or rights are the subject matter of the hearing waives his objection to venue by proceeding in the hearing. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 6.) § 15013-25. Conduct of hearing; answer. (a) If a party fails to appear in a contested case after proper service of notice, and if no adjournment or continuance is granted, the administrative law judge may proceed with the hearing in the absence of the party. (b) Repealed by Session Laws 1991, c. 35, s. 2. (c) The parties shall be given an opportunity to present arguments on issues of law and policy and an opportunity to present evidence on issues of fact. (d) A party may cross - examine any witness, including the author of a document prepared by, on behalf of, or for use of the agency and offered in evidence. Any party may submit rebuttal evidence. (1973, c. 1331, s. 1; 1985 C. 748, s. 1; 1985 (Reg. Sess., 1988 ), c. 1922, s. 1(13); 1987, c. 878, s. 5; 1991, c. 35,s.2.) § 15013-25. Consolidation. When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending, the Director of the Office of Administrative Hearings may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make other orders to reduce costs or delay in the proceedings. (1973, c. 1331, s. 1; 1985, c. 745, s. 1; 1985, (Reg. Sess., 1985 ), c. 1022, s. 1(1), 1(14).) § 15013-27. Subpoena. After the commencement of a contested case, subpoenas may be issued and served in accordance with G.S. 1A -1, Rule 45. In addition to the methods of service in G.S. 1A -1, Rule 45, a State law enforcement officer may serve a subpoena on behalf of an agency that is a party to the contested case by any method by which a sheriff may serve a subpoena under that Rule. Upon a motion, the administrative law judge may quash a subpoena if, upon a hearing, the administrative law judge finds that the evidence the production of which is required does not relate to a matter in issue, the subpoena does not describe with sufficient particularity the evidence the production of which is required, or for any other reason sufficient in law the subpoena may be quashed. Board of Commissioners Meeting 04/02/2012 18-2-16 Witness fees shall be paid by the party requesting the subpoena to subpoenaed witnesses in accordance with G.S. 7A -314. However, State officials or employees who are subpoenaed shall not be entitled to witness fees, but they shall receive their normal salary and they shall not be required to take any annual leave for the witness days. Travel expenses of State officials or employees who are subpoenaed shall be reimbursed as provided in G.S. 138 -8. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 88; 1985, c. 748, s. 1; 1987, c. 878, s. 8; 1991, c. 35,s.3.) § 15013-28. Depositions and discovery. (a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A -1. Parties in contested cases may engage in discovery pursuant to the provisions of the Rules of Civil Procedure, G.S. 1 A -1. (b) Repealed by Session Laws 2997 -491, s. 2, effective January 1, 2008. (1973, c. 1331, s. 1; 1985, c. 745, s. 1; 2007 -491, s. 2.) § 15013-29. Rules of evidence. (a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in the trial division of the General Court of Justice shall be followed; but, when evidence is not reasonably available under the rules to show relevant facts, then the most reliable and substantial evidence available shall be admitted. On the judge's own motion, an administrative law judge may exclude evidence that is inadmissible under this section. The party with the burden of proof in a contested case must establish the facts required by G.S. 1508 -23(a) by a preponderance of the evidence. It shall not be necessary for a party or his attorney to object at the hearing to evidence in order to preserve the right to object to its consideration by the administrative law judge in making a decision, by the agency in making a final decision, or by the court on judicial review. (b) Evidence in a contested case, including records and documents, shall be offered and made a part of the record. Factual information or evidence not made a part of the record shall not be considered in the determination of the case, except as permitted under G.S. 1508 -30. Documentary evidence may be received in the form of a copy or excerpt or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original if available. (1973, c. 1331, s. 1; 1985, c. 740, s. 1; 1987, c. 878, s. 7; 1991, c. 35, s. 4; 2000 -190, s. 4.) § 15013-30. Official notice. Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. The noticed fact and its source shall be stated and made known to affected parties at the earliest practicable time, and any party shall on timely request be afforded an Board of Commissioners Meeting 04/02/2012 18-2-17 opportunity to dispute the noticed fact through submission of evidence and argument. (1973, c. 1331, s. 1; 1985, c. 745, s. 1.) § 1 508 -31. Stipulations. (a) The parties in a contested case may, by a stipulation in writing filed with the administrative law judge, agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties should agree upon facts when practicable. (b) Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default, or other method agreed upon by the parties. (11973, c. 1331, s. 1; 1985, c. 745, s. 1; 1987, c. 878, s. 5.) § 1506 -31.1. Contested tax cases. (a) Application. —This section applies only to contested tax cases. A contested tax case is a case involving a disputed tax matter arising under G.S. 105 - 241.15. To the extent any provision in this section conflicts with another provision in this Article, this section controls. (b) Simple Procedures. —The Chief Administrative Law Judge may limit and simplify the procedures that apply to a contested tax case involving a taxpayer who is not represented by an attorney. An administrative law judge assigned to a contested tax case must make reasonable efforts to assist a taxpayer who is not represented by an attorney in order to assure a fair hearing. (c) Venue. — A hearing in a contested tax case must be conducted in Wake County, unless the parties agree to hear the case in another county. (d) Reports. —The following agency reports are admissible without testimony from personnel of the agency: (1) Law enforcement reports. (2) Government agency lab reports used for the enforcement of motor fuel tax laws. (e) Confidentiality. —The record, proceedings, and decision in a contested tax case are confidential until the final decision is issued in the case. (2007 -491, s. 42; 2008 -134, s. 9.) § 1506 -32. Designation of administrative law judge. (a) The Director of the Once of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case. (all) Repealed by Sessions Laws 1985 (Reg. Sess., 1986), c. 1022, s. 1(15), effective July 15, 1986. (b) On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of an administrative law judge, the administrative law judge shall determine the matter as a part of the record in the case, and this determination shall be subject to judicial review at the conclusion of the proceeding. (c) When an administrative law judge is disqualified or it is impracticable for him to continue the hearing, the Director shall assign another administrative Board of Commissioners Meeting 04/02/2012 18-2-18 lave judge to continue with the case unless it is shown that substantial prejudice to any party will result, in which event a new hearing shall be held or the case dismissed without prejudice. (1973, c. 1331, s. 1; 1 985, c. 745, s. 1; 1985 (Reg. Sess., 1988 ), c. 1022, s. 1(1), 1(12), 1(15), c. 1028, s. 40; 1987, c. 878, s. 8.) § 15OB -33. Powers of administrative law judge. (a) An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the contested case, if the agency shows by supporting affidavits that it is engaged in other litigation or administrative proceedings, by whatever name called, with or before a federal agency, and this other litigation or administrative proceedings will determine the position, in whole or in part, of the agency in the contested case. At the conclusion of the other litigation or administrative proceedings, the contested case shall proceed and be determined as expeditiously as possible. (b) An administrative law judge may: (1) Administer oaths and affirmations; (2) Sign, issue, and rule on subpoenas in accordance with G.S. 150E -27 and G.S. 1A-1 , Rule 45; (3) Provide for the taking of testimony by deposition and rule on all objections to discovery in accordance with G.S. 1A-1, the Rules of Civil Procedure; (3a) Rule on all prehearing motions that are authorized by G.S. 1A -1, the Rules of Civil Procedure; (4) Regulate the course of the hearings, including discovery, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; (5) Direct the parties to appear and confer to consider simplification of the issues by consent of the parties; (5) Stay the contested action by the agency pending the outcome of the case, upon such terms as he deems proper, and subject to the provisions of G.S. 1A-1, Rule 05; (7) Determine whether the hearing shall be recorded by a stenographer or by an electronic device; and (8) Enter an order returnable in the General Court of Justice, Superior Court Division, to show cause why the person should not be held in contempt. The Court shall have the power to impose punishment as for contempt for any act which would constitute direct or indirect contempt if the act occurred in an action pending in Superior Court. (9) Determine that a rule as applied in a particular case is void because (1) it is not within the statutory authority of the agency, (2) is not clear and unambiguous to persons it is intended to direct, guide, or assist, or (3) is not reasonably necessary to enable the agency to fulfill a duty delegated to it by the General Assembly. Board of Commissioners Meeting 04/02/2012 18-2-19 (10) Impose the sanctions provided for in G.S. 1A -1 or Chapter 3 of Title 26 of the North Carolina Administrative Code for noncompliance with applicable procedural rules. (111) order the assessment of reasonable attorneys' fees and witnesses' fees against the State agency involved in contested cases decided under chapter 126 where the administrative law judge finds discrimination, harassment, or orders reinstatement or back pay. (12) Repealed by Session Laws 2011 -398, s. 17. For effective date and applicability, see editor's note. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, ss. 5, 9, 10, 26; 1987 (Reg. Sess., 1988), c. 1111, ss. 18, 19; 1991, c. 35, s. 5; 2000 -190, s. 5; 2004 -156, s. 4; 2011 -398, s. 17.) § 15013-34. Final decision or order. (a) In each contested case the administrative law judge shall make a final decision or order that contains findings of fact and conclusions of law. The administrative law judge shall decide the case based upon the preponderance of the evidence, giving due regard to the demonstrated knowledge and expertise of the agency with respect to facts and inferences within the specialized knowledge of the agency. (b) Repealed by Session Laws 1991, c. 35, s. 6. (c) Repealed by Session Laws 2011 -398, s. 18. For effective date and applicability, see editor's note. (d) Except for the exemptions contained in G.S. 15013-1, the provisions of this section regarding the decision of the administrative law judge shall apply only to agencies subject to Article 3 of this Chapter, notwithstanding any other provisions to the contrary relating to recommended decisions by administrative law judges. (e) An administrative law judge may grant judgment on the pleadings, pursuant to a motion made in accordance with G.S. 1A-1 , Rule 12(c), or summary judgment, pursuant to a motion made in accordance with G.S. 1A -1, Rule 56, that disposes of all issues in the contested case. Notwithstanding subsection (a) of this section, a decision granting a motion for judgment on the pleadings or summary judgment need not include findings of fact or conclusions of law, except as determined by the administrative law judge to be required or allowed by G.S. 1A -1, Rule 12(c), or Rule 56. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, ss. 5, 23; 1987 (Reg. Sess., 1988), c. 1111, s. 21; 1991, c. 35, s. 6; 2000 -190, s. 6; 2011 -398, s. 18.) § 15013-35. No ex parte communication; exceptions. Unless required for disposition of an ex parte matter authorized by law, the administrative law judge assigned to a contested case may not communicate, directly or indirectly, in connection with any issue of fact, or question of law, with any person or party or his representative, except on notice and opportunity for all Board of Commissioners Meeting 04/02/2012 18 -2 -20 parties to participate. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 11; 2011 -398 S. 19.) § 15OB -36: Repealed by Session Laws 2011 -398, s. 20. For effective date and applicability, see editor's note. § 15013-37. official record. (a) In a contested case, the office of Administrative Hearings shall prepare an official record of the case that includes: (1) Notices, pleadings, motions, and intermediate rulings; (2) Questions and offers of proof, objections, and rulings thereon; (3) Evidence presented; (4) Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose; and (5) Repealed by Session Laws 1987, c. 878, s. 25. (6) The administrative law judge's final decision or order. (b) Proceedings at which oral evidence is presented shall be recorded, but need not be transcribed unless requested by a party. Each party shall bear the cost of the transcript or part thereof or copy of said transcript or part thereof which said party requests, and said transcript or part thereof shall be added to the official record as an exhibit. (c) The office of Administrative Hearings shall forward a copy of the administrative law judge's final decision to each party. (1973, c. 1331, s. 1; 1985 c. 746, s. 1; 1987, c. 878, ss. 13, 25; 2000 -190, s. 8; 2011 -398, s. 21.) Board of Commissioners Meeting 04/02/2012 18 -2 -21 GS Page 1 of 1 § 7A --794. Fund administration. The Drug Treatment Court Program Fund is created in the Administrative Office of the Courts and is administered by the Director of the Administrative Office of the Courts in consultation with the State Drug Treatment Court Advisory Committee. (1995, c. 507, s. 21.6(a); 1998 -23, s. 9; 1998 -212, s. 16.15(a), (d); 2007 -393, s. 12.) Board of Commissioners Meeting 04/02/2012 18 -2 -22 httn• / /umvw nr an ctntP nr » clog crri ntcictat� �tPC /ctatr �tPl nnk»r� nI 9etnt»tp=7 A ..7 ()A 1 /1) 1) /1n»