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Agenda 2012 06-04
New Hanover County, North Carolina ak 0 - - m arw-- 6iM June 4, 2072 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 JUNE 4, 2012 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) NON - SECTARIAN INVOCATION (Reverend Phoebe R. Jordan, St. James AME Church) PLEDGE OF ALLEGIANCE (Vice - Chairman Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2012 -2013 3. Second Reading Approval of Solid Waste Franchise for Coastal Waste Services, Inc. 4. Approval of Clarification to Chapter 44, New Hanover County Code 5. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 6. Consideration of Elder Abuse Awareness Month Proclamation 6:15 p.m. 7. Consideration of a Resolution Regarding the Formation of CoastalCare, an Area Authority to Address Mental Health, Developmental Disabilities and Substance Abuse Services 6:20 p.m. 8. Public Hearing on the Fiscal Year 2012 - 2013 Recommended Budget 7:05 p.m. 9. Public Hearing and Consideration of Approval to Submit Application for Rural Operating Assistance Program Funds in the Amount of $260,080 7:10 p.m. 10. Consideration of Award of Bid to Lumina Builders, Inc. for Phase II in the Scale and Scale House Replacement Project 7:20 p.m. 11. Public Hearing County Evaluation Team Recommendation for Renovation and Long Term Operation of the New Hanover County Sustainable Energy Facility 8:05 p.m. 12. Consideration of Lower Cape Fear Sustainable Communities Consortium Agreement 8:10 P.M. 13. Public Hearing Rezoning Request (Z -917, 04/12) - Request by Cindee Wolf with Withers & Ravenel on Behalf of JRB Property, LLC to Rezone Approximately 0.459 Acres at 201 Porters Neck Road from R -15 Medium - Density Residential to CD(B -1) Conditional Business District 8:50 p.m. 14. Public Hearing Special Use Permit Request (5 -605, 05/12) - Request by Ginger Bruton on Behalf of Canady Revocable Living Trust to Obtain a Special Use Permit to Establish a "Kennel" at a Property Located in an O &I Office and Institutional Board of Commissioners Meeting 06/04/2012 Zoning District at 8001 Market Street 9:30 p.m. 15. Public Hearing Text Amendment (A -403, 05/12) - Request by Staff to Amend Section 61 of the County's Zoning Ordinance to Remove the Reference of Outdoor Bazaars from Table 61 -4 and Revise the Allowable Duration of Special Fund Raising Events for Non - Profit Organizations 9:50 p.m. 16. Presentation of Results of Fire Services Fire District Rating Process Announced by the North Carolina Department of Insurance on March 16, 2012 PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 10:30 p.m. 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:40 p.m. 18. 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 06/04/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 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: Special Meeting held on May 17, 2012 Agenda Review Meeting held on May 17, 2012 Regular Meeting held on May 21, 2012 Closed Session Meeting held on May 21, 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) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 CONSENT ITEM: 2 DEPARTMENT: County Manager PRESENTER(S): Tommy Taylor, Chairman of the New Hanover County Juvenile Crime Prevention Council CONTACT(S): Tommy Taylor, Chairman of the New Hanover County Juvenile Crime Prevention Council SUBJECT: Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2012 -2013 BRIEF SUMMARY: At its May 18, 2012 meeting the New Hanover County Juvenile Crime Prevention Council (JCPC) unanimously recommended that the County Board of Commissioners allocate $433,344 in State JCPC funding for fiscal year 2012 -2013 as follows: JCPC Administration - $5,501 Youth Empowerment Services - $381,969 Teen Court - $45,874 The funding recommendation meets the JCPC priorities of Psychological Services, Community Service and Restitution, Home -Based Family Services, Teen Court, and Individual Skill Building (Community - Structured). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Fiscal Year 2012 -2013 funding recommendation. A'T'T A 0U1%4UXT'TC. NHC 2012 -2013 Funding Grid COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 2 -0 Funding Recommendations FY 2012-2013 The following agencies have submitted grants for JCPC funding for FY 2012 -2013. Proposed funds available for the fiscal year are $433,344. The Funding and Review Committee has made the following recommendation: The amount of proposed JCPC funds does not reflect a percentage reduction as was done in previous years. Should JCPC funding be reduced by any percentage, the agencies receiving JCPC funds will split the reduction percentage equally. The administrative budget will not be changed due to any funding reductions. 2012 -2013 Funding Priorities . Psychological Services 2. Community Service /Restitution 3. Home -Based Family Services 4. Teen Court 5. Individual Skill Building (Community - Structured) Board of Commissioners Meeting 06/04/2012 2 -1 -1 Amount JCPC Local Proposed Given for Funds In -Kind Cash Total Budget 2012 -13 Program Name FY 11 -12 Requested Match Match Other Amount Funding Administration $5 -- -- -- -- $5 $5 Youth Empowerment $381 $381 $167 $8 -- $558 $381 Teen Court $45 $45 $6 $12 $64 $45 Communities in Schools of -- $25 $67 -- $92 $0 Cape Fear Kids Making It, Inc. $75 $31 $49 $168 $324 $0 Brigade Boys & Girls Club $50 -- $10 -- $60 $0 Total $432 $577 $273 $80 $168 $1 $433 2012 -2013 Funding Priorities . Psychological Services 2. Community Service /Restitution 3. Home -Based Family Services 4. Teen Court 5. Individual Skill Building (Community - Structured) Board of Commissioners Meeting 06/04/2012 2 -1 -1 2012 -2013 Grant Funding Recommendations The New Hanover County JCPC is allotted $433,344 (pending legislative /budget approval) in grant funding for fiscal year 2012 -2013. Five grant applications were received (not including administrative). The combined JCPC request for the five grant applications was $577,843. All grants submitted addressed the funding priorities. After carefully reviewing the grants, the Funding and Review Committee recommends the following: Administration: Requested: N/A Recommendation: $5,501 The amount recommended will allow for advertising of available funds and any other miscellaneous cost associated with JCPC administration. Psychological Services/Youth Empowerment Services: Requested: $381,969 Recommendation: $381,969 This program addresses funding priority number one and contains both an assessment and counseling component. The recommendation also includes the Restitution /Community Service and Home -Based Family Counseling components. Restitution /Community Service: Requested: N/A Recommendation: $ Included in Youth Empowerment Services This program addresses funding priority number two. This program provides an intermediate dispositional option to meet the youth's court - ordered community service and /or restitution by providing the youth opportunities to engage in civic, community and social responsibilities while incorporating a service learning model to reduce recidivism and delinquent behaviors. Home -Based Family Counseling: Requested: N/A Recommendation: $ Included in Youth Empowerment Services This program addresses funding priority number three. This program provides family counseling in the home environment to court referred adjudicated youth transitioning back to their home and community from a Youth Development Center commitment and /or delinquent youth who are at an imminent risk of an out of home placement in order to maintain the youth successfully in the home. Teen Court: Requested: $45,874 Recommendation: $45,874 This program addresses funding priority number four. Communities in Schools of Cape Fear (WIRE Afterschool): Requested: $25,000 Recommendation: $0 The WIRE (Wilmington youth center for Inspiration, Recreation, and Education) Afterschool Program provides at -risk, low- income high school students in New Hanover County with free, age- appropriated activities and educational support in a safe, structured and positive environment. Kids Making It, Inc. (the KMI Journey: School- Apprenticeships - Jobs - College- Success): Requested: $75,000 Recommendation: $0 Kids Making It teaches vocational, employable skills, utilizing structured progression of basic woodworking skills, with the goal of empowering teens to stay in school, graduate, stay out of trouble and transition into successful adults through either the workforce or college. Brigade Boys & Girls Club (Gang Prevention through Targeted Outreach): Requested: $50,000 Recommendation: $0 The purpose of this grant initiative is to develop a collaboration of agencies in the New Hanover County area to provide a continuum of services to reduce juvenile crime and gang involvement. Board of Commissioners Meeting 06/04/2012 2 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 CONSENT ITEM: 3 DEPARTMENT: PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Second Reading Approval of Solid Waste Franchise for Coastal Waste Services, Inc. BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The initial franchise period would run for seven years. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. The first approval was unanimous on May 21, 2012. The second approval is required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility. ATTACHMENTS: Franchise Doc COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 3 -0 Coastal Waste Services, Inc. Cynthia Trifiletti, President Brian 0irosse, Vice President P.O. Box 12661 Wilmington, NC 28405 910- 228 -5500 ofc 910-228 -5451 fax 631 - 873 -7431 cell List of Equipment at Present: - 2001 Kenworth T800 Rolloff - 1997 GMC Packer Truck - 5x 10yd Rolloff Containers - 5x 15yd Rolloff Containers - Sx 20yd Rolloff Containers - 5x 30yd Rolloff Containers List of Equipment to obtain in Fu : - Front load Garbage Truck - Rolloff Truck - Retriever Truck - 10x 10yd Rolloff Containers - 10x 15yd Rolloff Containers - 10x 20yd Rolloff Containers - 10x 30yd Rolloff Containers - 95 gallon Garbage pails and front end cans as needed. Approximate amount of employees would be from ten to twenty employees depending on growth of business. Currently running my husband's solid waste company in New York since 2000. We have three roll offs, one retriever and a packer truck currently on the road. Company has over 150 dumpsters ranging sizes from 5yd to 40yd. Current company was recently incorporated on February 21, 2012 and does not have any net worth documents to date. If you would like a list of what our equipment is worth or the financial documents from the current company we have in New York we would be happy to provided same. T Board of Commissioners Meeting 06/04/2012 3 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 CONSENT ITEM: 4 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Approval of Clarification to Chapter 44, New Hanover County Code BRIEF SUMMARY: As part of an ongoing review and update of the County Code, certain sections of Chapter 44 should be clarified and /or technical modifications adopted. Insurance and indemnity language particularly should be amended to reflect current industry policies. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt code amendments. ATTACHMENTS: Ordinance Change COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 4 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 44 The Board of County Commissioners of New Hanover County hereby ordains and enacts that New Hanover County Code Chapter 44, Solid Waste Article II, Collection and Disposal Division 2, Additional Solid Waste Provisions Section 44 -55, Franchise required for solid waste collection be and is amended as follows: 1. Amend last sentence of subsection (a) to read: Franchises for residential customers should be exclusive as to the geographic area included in the franchise, if so designated by the County, and franchises for services to commercial customers shall be non - exclusive. 2. Amend subsection (g) to read: Change reference "subsection (1)" to now read "subsection (m) ". 3. Amend subsection (j) to read: a. Add to subsection (j) the following sentences: (1) Business Automotive Liability with minimum limits of $500,000 each accident. (2) Commercial General Liability policy with minimum limits of $500,000 each occurrence for bodily injury and property damage. This policy shall include New Hanover County, its officers, official agents and employees as additional insured by Insurance Services Office endorsement CG 20 29 (or its equivalent). b. Delete last sentence of said subsection (j). 4. Add a new subsection (n): A franchisee must dispose of all municipal waste collected within New Hanover County at such facilities designated by the County Manager. 5. Add a new subsection (o): The franchisee shall be subject to all duties, obligations and conditions in Chapter 44 whether or not set forth in any executed franchise agreement. 6. Add a new subsection (p): The franchisee hereby indemnifies and holds harmless New Hanover County from any liability, whether arising under law or equity, tort or contract, attributable in whole or part to the negligence, omission or intentional act of franchisee, its employees, agent or subcontractors. Board of Commissioners Meeting 06/04/2012 4 -1 -1 7. Except as specifically above amended, Chapter 44 shall remain unaltered, in full force and effect. ADOPTED this the 4 th day of June, 2012. New Hanover County Ted Davis, Jr., Chairman ATTEST: Clerk to the Board Board of Commissioners Meeting 06/04/2012 4 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 CONSENT ITEM: 5 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 -236 - Finance 12 -240 - Parks, Gardens & Senior Resource Center STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 12 -236 B/A 12 -240 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 06/04/2012 5 -0 AGENDA: June 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 236 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -236 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: Tropical Storm and Hurricane Revenue: Decrease Increase FEMA Public Assistance $226,651 Appropriated Fund Balance $226,651 $228 Total $226 $226 Fund: Environmental Management DPnartmPnt-- Trnniead Ctarm anrd MirriPanP Expenditure: Decrease Increase Contracted Services - Debris $228,180 Total $0 $228 Revenue: Decrease Increase FEMA Public Assistance $228,180 Total $0 $228 Section 2: Explanation New Hanover County has received partial reimbursement from FEMA for Hurricane Irene in the amount of $454,831.30. This budget amendment appropriates this revenue back to General Fund ($226,651) and the Environmental Management Fund ($228,180). Staff anticipates a second reimbursement of approximately $148,000 at a later date. 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 12-236, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 4th day of June, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/04/2012 5 -1 -1 AGENDA: June 4, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 240 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -240 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 Understand / act on citizen needs Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Health and Wellness Promotion Expenditure: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Temporary Salaries $3,251 Social Security Taxes $249 Total 1 $0 11 $3 Total $0 $3 Revenue: Decrease Increase Parks, Gardens & SRC /Health & Wellness Promotion: Grant - Local - VOCAL Catherine Kennedy Home Grant $3,500 Total 1 $0 11 $3 Section 2: Explanation The Catherine Kenndy Home Foundation has awarded New Hanover County Senior Resource Center a $3,500 grant. The funding will be used for the Prescription Drug Assistance Program, which provides education and guidance on the complex Medicare prescription drug plans and assists needy seniors in obtaining low and /or no cost prescription medications from pharmaceutical companies. 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 -240, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 4th day of June, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/04/2012 5 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Marianna B. Stacy and Jane Jones from The Cape Fear Elder Abuse Prevention Network CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Elder Abuse Awareness Month Proclamation BRIEF SUMMARY: June 15, 2012 is World Elder Abuse Awareness Day. The Cape Fear Elder Abuse Prevention Network requests the Board of Commissioners to recognize June as Elder Abuse Awareness Month in New Hanover County. The proclamation will help bring awareness of this problem in our community. Members of The Cape Fear Elder Abuse Prevention Network will attend 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: Letter of Request Elder Abuse Awaress Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 6 -0 -0 mo New Hanover Count Board of Conimi"Ssionencl, C/O Sheila Schult, Clerk to the Boarcl 23o Government Center, Suite 175 Wfl11 ir r Norffi Carolina 28403 Board of Commissioners Meetin 06/04/2012 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults; and WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under - recognized and under - reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect by a caregiver, self - neglect, exploitation, and financial exploitation; and WHEREAS, between 500,000 to five million people suffer elder abuse every year; and WHEREAS, it is estimated that approximately one out of every fourteen cases of elder abuse is reported; and WHEREAS, abuse of the elderly is preventable. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2012 be recognized as "Elder Abuse Awareness Month" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of elder abuse. ADOPTED this the 4 th day of June, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/04/2012 6 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 7 DEPARTMENT: County Attorney PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager & Kemp Burpeau, Deputy County Attorney SUBJECT: Consideration of a Resolution Regarding the Formation of CoastalCare, an Area Authority to Address Mental Health, Developmental Disabilities and Substance Abuse Services BRIEF SUMMARY: The General Assembly recently enacted legislation requiring that public entities providing services addressing mental illness, developmental disabilities, and substance abuse disorders serve a population of at least 500,000. To meet this standard, Southeastern Center, presently servicing New Hanover, Brunswick and Pender Counties, will combine with Onslow Carteret Behavioral Healthcare Services. To secure appropriate N.C. Health and Human Services approval, the respective Boards of County Commissioners are to adopt a joint resolution approving the Consolidated Area Authority, transferring real and personal property and fund balances to the Authority, and addressing personnel and governance of the Authority. This new entity shall be governed by a Consolidated Area Authority Board consisting of an initial twenty members. New Hanover County is to appoint one Commissioner and three additional members. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt the joint resolution and make the required board appointments for New Hanover County. It is anticipated that the appointments will be made from current Southeastern Board members. Rick Catlin is the present commissioner representative. Frederick L. Blankenhorn, Andrew Jackson and Avril Ponder are the other members. For the three non - commissioner appointments, each is to have a designated staggered term of one year, two years, and three years. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt the joint resolution and make appointments. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 06/04/2012 7 -0 The resolution was adopted 4 -1, Commissioner Berger dissenting. Frederick Blankenhorn was appointed to a one -year term. Andrew Jackson was appointed to a two -year term. Avril Pinder was appointed to a three -year term. Board of Commissioners Meeting 06/04/2012 7 -0 ioint Resolution to Approve the Formation of an Area Authority to Operate a Program for Mental Health, Developmental Disabilities, and Substance Abuse Services in Brunswick, Carteret, New Hanover, Onslow and Pender Counties WHEREAS, the North Carolina General Assembly passed legislation entitled An Act to Establish Requirements for the Department of Health and Human Services and Local Management Entities with Respect to Statewide Expansion of the 191 S(b) /(c) Medicaid Waiver, S.L. 2011 -264 (hereinafter the "Act "), which established a statewide restructuring of the management responsibilities for the delivery of services for individuals with mental illness, intellectual and developmental disabilities, and substance abuse disorders. Among other things, the Act established that the catchment area of an area authority must contain a minimum population of at least 500,000 individuals by July 1, 2013; and WHEREAS, Southeastern Center for MH /DD /SA Services (the area authority serving Brunswick, New Hanover and Pender counties with a total population estimated at 361,084)( "SEC "), and Onslow Carteret Behavioral Healthcare Services ( the area authority serving Carteret and Onslow counties with a total population estimated at 247,131) ( "OCBHS ") have voluntarily engaged in amicable affiliation discussions with the intent to consolidate into an entity that will satisfy the minimum population requirements of the Act and achieve new cost efficiencies and improved treatment outcomes for the citizens and families in need of mental health, developmental disabilities, and substance abuse services in the five counties that will be served by the post- consolidation entity; and WHEREAS, in response to a North Carolina Department of Health and Human Services (NCDHHS) Request for Applications, SEC and OCBHS submitted a joint application to be a 1 Board of Commissioners Meeting 06/04/2012 7 -1 -1 participating local management entity under the 1915 b/c Medicaid waiver for mental health, developmental disabilities and substance abuse services; and WHEREAS, on October 31, 2011, NCDHHS notified OCBHS and SEC of their selection to jointly become a Medicaid 1915 (b) (c) Waiver site, effective January 1, 2013; and WHEREAS, both SEC and OCBHS have recommended to their respective constituent counties that these two distinct area programs should consolidate to form a single area authority; and WHEREAS, OCBHS and SEC have represented to the undersigned board of commissioners that they entered into a formal written agreement to set out terms and conditions upon which the two entities separate area authorities would effectively consolidate and reorganize to form a single area authority, which would carry out the local management entity functions within the five county area; and WHEREAS, SEC has represented that it will properly advertise and hold a public hearing satisfying the requirements of N.C. Gen. Stat. § 122C- 115.3(d) on or before June 15, 2012; and WHEREAS, OCBHS has represented that it will properly advertise and hold a public hearing satisfying the requirements of N.C. Gen. Stat. § 122C- 115.3(d) on or before June 15, 2012. NOW, THEREFORE, BE IT RESOLVED by joint resolution of the Brunswick County Board of Commissioners, the Carteret County Board of Commissioners, the New Hanover County Board of Commissioners, the Onslow County Board of Commissioners and the Pender County Board of Commissioners as follows: 2 Board of Commissioners Meeting 06/04/2012 7 -1 -2 1. The undersigned board of commissioners finds that it is in the public interest and will best meet the needs of persons with mental illness, developmental disabilities and substance abuse issues residing in the respective county served by the board for OCBHS and SEC to consolidate and reorganize into one area authority, which will carry out the local management entity functions within the five county area. 2. Pursuant to GS 122C- 115(c), the undersigned board of commissioners authorizes and approves of the establishment of the Consolidated Area Authority that will carry out the local management entity functions to serve the mental health, developmental disabilities and substance abuse needs of the five county catchment area of the Consolidated Area Authority, contingent upon signing a formal written agreement consistent with the terms and conditions set forth in this Joint Resolution (the "Agreement "). 3. As it pertains to the operation of a program for mental health, developmental disabilities and substance abuse services within its territorial borders, the undersigned board of commissioners authorizes the consolidation of OCBHS and SEC resulting in (i) the formation of a consolidated area authority effective as of 12:01 AM on July 1, 2012 ( "Consolidated Area Authority "), and (ii) the cessation of SEC or OCBHS as separate entities (other than as a part of the Consolidated Area Authority) as of 12:01 AM on July 1, 2012, or as soon thereafter as practicable. The undersigned board of commissioners authorizes the following transactions necessary to accomplish the formation of the Consolidated Area Authority, which shall be incorporated into the Agreement: a. All property, real and personal, and any other assets of SEC and OCBHS shall be transferred to the Consolidated Area Authority effective July 1, 2012; 3 Board of Commissioners Meeting 06/04/2012 7 -1 -3 b. The audited fund balance of SEC and OCBHS, both restricted and unrestricted, shall be transferred to the Consolidated Area Authority effective July 1, 2012. The Consolidated Area Authority shall assume and be liable for all the liabilities and obligations of OCBHS and SEC, except to the extent to which any liability or obligation is covered by any insurance maintained by OCBHS or SEC, as applicable. No liability or obligation due or to become due, claim or demand for any cause existing against OCBHS or SEC, or any officer or director of OCBHS or SEC, shall be released or impaired by the formation of the Consolidated Area Authority, and no action or proceeding, whether civil or criminal, then pending by or against OCBHS or SEC, or any officer or director of OCBHS or SEC, shall abate or be discontinued by the formation of the Consolidated Area Authority, but may be enforced, prosecuted, settled or compromised as if the consolidation of OCBHS and SEC had not occurred, or the Consolidated Area Authority may be substituted in any such action or special proceeding in place of OCBHS or SEC; C. Any individual who accepts employment by the post- consolidation entity shall be subject to the personnel policies of the post- consolidation entity, which shall provide among other things that: (i) longevity and tenure under SEC or OCBHS shall be counted as credit for employment with the post - consolidation entity, and (ii) any probationary period shall be waived for any person who has already served such a period for either SEC or OCBHS; 0 Board of Commissioners Meeting 06/04/2012 7 -1 -4 d. Prior to the consolidation of OCBHS and SEC into a single area authority, OCBHS and SEC shall have entered into a formal written agreement documenting plans for the retention and disposition o£ (i) business, administrative and financial records of OCBHS and SEC; and (ii) any patient medical records in the custody of SEC or OCBHS. The provisions of the formal written agreement shall ensure compliance with any applicable federal or state laws including, but not limited to, the protection of confidentiality related to health information and specific record retention and disposition requirements applicable to North Carolina local management entities; and e. All other actions or transactions necessary to implement or effectuate the terms of the Agreement consistent with this Joint Resolution. 4. The undersigned board of commissioners acknowledges that governance of the Consolidated Area Authority shall reside with the board of the Consolidated Area Authority ( "Consolidated Area Authority Board "), which shall be constituted and structured as set forth in Paragraph 7 below and shall comply with the statutory requirements relevant to its composition, responsibilities and operation. 5. The undersigned board of commissioners authorizes and approves the formation of a Consolidated Area Authority Board that shall initially be comprised of twenty members, appointed as follows: a. Each of the undersigned board of commissioners shall appoint, from among its membership, one commissioner to serve as a member of the Consolidated Area Authority Board. 6 Board of Commissioners Meeting 06/04/2012 7 -1 -5 b. Each of the undersigned board of commissioners also shall appoint three additional members to the Consolidated Area Authority Board C. In making any appointment to the Consolidated Area Authority Board, the undersigned board of commissioners shall comply with the requirements of N.C. General Statutes §122C- 118.1. d. To the extent practicable, whenever making an appointment to a vacancy on the Consolidated Area Authority Board allocated to the county served by it, the undersigned board of commissioners will give due consideration to (i) the compositional requirements of NCGS §122C- 118.1, (ii) the current composition of the of the Consolidated Area Authority Board, and (iii) the qualifications and background of any individual who has particular knowledge or experience that might be relevant and beneficial to the Consolidated Area Authority Board, including but not limited to, representation from: (1) county human services agencies with whom the Consolidated Area Authority must collaborate in order to insure access and coordination of services at the local level, (2) persons with experience in administration or finance in the health care industry (including, if possible, the delivery of mental health, developmental disabilities or substance abuse services), and (3) persons representing the interests of people with disabilities. e. The method of appointment set forth in the Agreement shall be consistent with the method of appointment described in this Paragraph 7 and shall comply with all applicable statutory requirements. Board of Commissioners Meeting 06/04/2012 7 -1 -6 6. The Consolidated Area Authority Board shall operate under a set of duly adopted bylaws that shall be consistent with the provisions of the Agreement and this Joint Resolution. 7. Prior to the consolidation, OCBHS and SEC shall enter into a written agreement documenting plans for the retention and disposition of OCBHS business, administrative and financial records as well as patient medical records, all in accordance with the Records Retention and Disposition Schedule — DMH /DD /SAS Local Management Entity (LME) dated October 26, 2011, confidentiality laws (HIPAA, NCGS Chapter 122C and 42 CFR Part 2), and other applicable law. 8. The undersigned board of commissioners hereby authorizes the officers of OCBHS and SEC to take any and all actions necessary or desirable to effectuate all actions consistent with this Joint Resolution. 9. This Joint Resolution is effective upon the adoption by the last of the board of county commissioners of Brunswick, Carteret, New Hanover, Onslow and Pender counties to so adopt. THIS SPACE INTENTIONALLY LEFT BLANK VA Board of Commissioners Meeting 06/04/2012 7 -1 -7 THE FOREGOING JOINT RESOLUTION WAS INTRODUCED BY WHO MOVED ITS ADOPTION. THE MOTION TO ADOPT THE RESOLUTION WAS SECONDED BY , AND THE VOTE ON THE ADOPTION WAS: THOSE VOTING "AYE" WERE: THOSE VOTING "NAY" WERE: The Chairman of the County Board of Commissioners declared the Joint Resolution adopted this the day of 1 2012. County Chairman, Board of Commissioners ATTEST: Clerk to the Board \\ SERVER02 \LSS \LSSDOCS \00032633.001.DOCX 8 Board of Commissioners Meeting 06/04/2012 7 -1 -8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 8 DEPARTMENT: PRESENTER(S): Bruce T. Shell, County Manager CONTACT(S): Cam Griffin, Budget Director SUBJECT: Public Hearing on the Fiscal Year 2012 - 2013 Recommended Budget BRIEF SUMMARY: The Board of County Commissioners will review the FY 2012 -2013 recommended funding with specific organizations and hold a public hearing at 6:00 p.m., or thereafter, to receive public comments on the FY 2012 -2013 Recommended Budget. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Board of Commissioners Meeting 06/04/2012 8 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 9 DEPARTMENT: County Manager PRESENTER(S): Joe Mininni, Wave Transit Finance Director CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Public Hearing and Consideration of Approval to Submit Application for Rural Operating Assistance Program Funds in the Amount of $260,080 BRIEF SUMMARY: New Hanover County is eligible to receive $260,080 via the N. C. Department of Transportation's Rural Operating Assistance Program (ROAP) for 2012 -2013. Funding must be used to provide transportation services to specific populations of the unincorporated areas of the County. No funding is required for local match. Funding categories and amounts as determined by NCDOT are: Elderly and Disabled Transportation Assistance Program (EDTAP) $115,447 Employment Transportation Assistance Program (EMPL) $39,304 Rural General Public (RGP) Transportation Program $105,329 STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Collaborate on service delivery and implement opportunities to reduce duplication of services RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing, approve request to submit application for funds, direct Chairman Davis, County Manager and County Attorney to execute appropriate certifications and assurances for the application and accept grant if awarded. ATTACHMENTS: Certified Statement FY2013 ROAP Application Suballocation Worksheet FY2013 Application Checklist FY2013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 06/04/2012 9 -0 Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Conducted public hearing. Approved 5 -0. Board of Commissioners Meeting 06/04/2012 9 -0 CERTIFIED STATEMENT FY 2013 RURAL OPERATING ASSISTANCE PROGRAM County of New Hanover WHEREAS, the state - funded, formula -based Rural Operating Assistance Program (ROAP) administered by the North Carolina Department of Transportation, Public Transportation Division provides funding for the operating cost of passenger trips and for other transportation services for counties within the state; WHEREAS, the county uses the most recent transportation plans (i.e. CTSP, CTIP, LCP) available and other public involvement strategies to learn about the transportation needs of agencies and individuals in the county before determining the sub - allocation of these ROAP funds; WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the municipalities or counties served) are the only eligible recipient of Rural Operating Assistance Program funds which are allocated to the counties based on a formula as described in the Program Guidelines included in the ROAP application. NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any sub - recipients selected by the county; WHEREAS, the county finance officer will be considered the county official accountable for the administration of the Rural Operating Assistance Program in the county, unless otherwise designated by the Board of County Commissioners; WHEREAS, the passenger trips and transportation services provided with ROAP funds must be accessible to individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age, race or gender (FTA C 4702.1A, FTA C 4704. 1, Americans with Disabilities Act 1990); and WHEREAS, the period of performance for these funds will be July 1, 2012 to June 30, 2013 regardless of the date on which ROAP funds are disbursed to the county. NOW, THEREFORE, by signing below, the duly authorized representatives of the County of New Hanover North Carolina certify that the following statements are true and accurate: • The county employed a documented methodology for sub - allocating ROAP funds that involved the participation of eligible agencies and citizens. Outreach efforts to include the participation of the elderly and individuals with disabilities, persons with limited English proficiency, minorities and low income persons in the county's sub - allocation decision have been documented. • The county will advise any sub - recipients about the source of the ROAP funds, specific program requirements and restrictions, eligible program expenses and reporting requirements. The county will be responsible for invoicing any sub - recipients for unexpended ROAP funds as needed. • The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent on allowable activities and that the eligibility of service recipients is being properly documented. The county will maintain records of trips and services for five years that prove that an eligible citizen was provided an eligible service or trip on the billed date, by whatever conveyance at the specified cost. • The county will be responsible for monitoring the safety, quality and cost of ROAP funded services and assures that any procurements by subrecipients for contracted services will follow state guidelines. Board of Commissioners Meeting 06/04/2012 9 -1 -1 The county will conduct regular evaluations of ROAP funded passenger trips and transportation services provided throughout the period of performance. • The county will only use the ROAP funds to provide trips when other funding sources are not available for the same purpose or the other funding sources for the same purpose have been completely exhausted. The county assures that the required matching funds for the FY2013 ROAP can be generated from fares and /or provided from local funds. The county will notify the Mobility Development Specialist assigned to the county if any ROAP funded services are discontinued before the end of the period of performance due to the lack of funding. No additional ROAP funds will be available. • The county will provide an accounting of trips, services and expenditures in semi - annual reports to NCDOT — Public Transportation Division or its designee. Any interest earned on the ROAP funds will be expended for eligible program uses as specified in the ROAP application. The County will include ROAP funds received and expended in its annual independent audit on the schedule of federal and state financial assistance. Funds passed through to other agencies will be identified as such. The county is applying for the following amounts of FY 2013 Rural Operating Assistance Program funds: State- Funded Rural Operating Assistance Program Allocated Requested Elderly & Disabled Transportation Assistance Program (EDTAP) 115,447 115 Employment Transportation Assistance Program (EMPL) 39 3 9,3 04 Rural General Public Program (RGP) F 105 105 TOTAL 260 260 WITNESS my hand and county seal, this day of , 20 Signature of Board of County Manager /Administrator Printed Name of County Manager /Administrator Signature of Board of County Commissioners Chairperson Printed Name of Chairperson Signature of County Finance Officer Printed Name of County Finance Officer Board of Commissioners Meeting 06/04/2012 9 -1 -2 State of North Carolina County of Application for Transportation Operating Assistance FY2013 Rural Operating Assistance Program Funds Name of Applicant (County) New Hanover County County Manager Bruce Shell County Manager's Email Address bshellgnhcgov.com County Finance Officer Avril Pinder CFO's Email Address apindergnhcgov.com CFO's Phone Number 910 798 7187 Person Completing this Application Joseph Mininni p Person's Job Title Director of Finance & Administration Person's Email Address jmininnigwavetransit.com Person's Phone Number 910 202 2056 Community Transportation System Cape Fear Publice Transportation Authority p p y Name of Transit Contact Person Joseph Mininni Transit Contact Person's Email Address jmininnigwavetransit.com Application Completed by: Signature Date: I certify that the content of this application is complete and accurately describes the county's administration of the ROAP Program, and the use of the ROAP funds in accordance with applicable state guidelines. County Manager: Signature County Finance Officer: Signature Application Instructions Date: Date: County officials should read the ROAP Program State Management Plan which contains guidance on the administration of the ROAP Program and information about the preparation of grant applications. • The application must be completed by an official of the county or his /her designee. • Click on the gray rectangle and type each answer. If needed, the text will automatically wrap to the next row. The answer may wrap to the next page if necessary. • If the county wishes to explain their response to any questions or provide more information, the county may include additional pages with this application form. All the pages of the application and any pages added by the applicant should be scanned into the same file. • If there are questions regarding this application, contact the NCDOT -PTD Mobility Development Specialist assigned to the area served by the transit system. 1 Board of Commissioners Meeting 06/04/2012 9 -2 -1 FY2013 ROAP Program Schedule Application Deadline June 20, 2012 Proposed First Disbursement (25 %) August 15, 2012 Proposed Second Disbursement (75 %) September 28, 2012 County's Management of ROAP Funds All counties are eligible to receive Rural Operating Assistance Program (ROAP) funding from the State of North Carolina. As a recipient of ROAP funds, the county must implement administrative processes that will ensure the following: • ROAP funds are expended on needs identified through a public involvement and /or planning process. • ROAP funds are expended on eligible activities only. • Supporting documentation of expenditures is maintained. • Service recipients meet eligibility requirements and their eligibility is documented. • Trips and services funded with ROAP funding are monitored and evaluated throughout the period of performance. • An accounting of trips, services and expenditures is provided in a semi - annual report to NCDOT. • ROAP funds received and expended are included in the local annual audit. Transportation Needs and Public Involvement in Funding Decisions Yes or No A. Did the county ask the Community Transportation Advisory Board (TAB), which is affiliated with the community transit system, to recommend how the ROAP funds should be sub- Yes allocated? B. In addition to the public hearing notice and the public hearing, were other outreach efforts conducted to inform the public about the availability of ROAP funds and to discuss Yes transportation needs BEFORE the county decided to sub - allocate the ROAP funds? C. Does the federally funded Community Transportation System operating in the county have a Community Transportation Service Plan (CTSP) or Community Transportation Improvement Yes Plan (CTIP) that was developed in the last five years or being completed at this time? Date of the plan: Updated FYI 1-12 D. Does your county have a Coordinated Public Transit -Human Services Transportation Plan (LCP) that provides a list of unmet transportation needs and /or gaps in transportation services? Yes Date of the plan: November 2011 E. Does the county have other transportation plans that address public transportation needs? Yes If yes, list and describe these plans. Wave Transit Services Expansion and Long Range Financial Plan F. How did the county decide who would receive the ROAP funds? List the names of anyone who participated in the decision to suballocate the ROAP funds and their role in the community. The NHC Finance Director and Wave Transit staff determines ROAP funds sub - allocated to the Department of Aging and Wave Transit. G. How did the county decide on the amount of ROAP funds to sub - allocate to a subrecipient? The The NHC Finance Director and Wave Transit staff determines ROAP funds sub - allocated to the Department of Aging and Wave Transit. Financial Management of ROAP Funds Yes or No H. Does the county disburse /allocate ROAP funds to any county governmental departments? Yes 2 Board of Commissioners Meeting 06/04/2012 9 -2 -2 Financial Management of ROAP Funds (con't) Yes or No I. If yes, how does the county account for these funds within the county's accounting system? The NHC Finance Director and Wave Transit staff determines ROAP funds sub - allocated to the Department of Aging and Wave Transit J. Does the county pass through any ROAP funds to agencies or organizations that are not Yes - Wave county governmental departments or agencies? Transit K. If yes, does the county have a written agreement with these agencies that addresses the Yes proper use and accountability of these funds? (Include a sample agreement with application) L. ROAP funds cannot be used instead of using the existing transportation funding an agency or organization receives from any other funding source. If any of the departments, agencies or organizations receiving ROAP funding from the county get transportation funding from other Federal, State or Local funding sources, list those funding programs: FTA, NCDOT, City of Wilmington, New Hanover County M. Do any subrecipients receive ROAP funds before any transportation services or trips are Yes provided, and refund the unused portion at the end of the period of performance? N. Are ROAP funds being deposited in an interest bearing account? Yes If no, then why aren't ROAP funds deposited in an interest bearing account? O. What does the county do with the interest from the ROAP funds? Used as operating funds for only ROAP Program P. Does the county provide any local funds for transportation operating assistance to any of the Yes ROAP sub - recipients in addition to the state ROAP funds? Q. Is supporting documentation maintained for all ROAP grant financial transactions for five Yes years? IMPORTANT: Yes is the only correct answer. Monitoring and Oversight Responsibilities Yes or No R. The Finance Officer OR the Executive Director of an eligible transportation authority will be responsible for the oversight and evaluation of the transportation services provided with the Yes ROAP funding? IMPORTANT: Yes is the only correct answer. S. Does the county require the subrecipients of ROAP funds to provide progress reports and Yes statistical data about the services and trips provided with ROAP funds? T. If progress reports and /or operating statistical reports are required by the county, how frequently are these provided to the county for evaluation? Wave Transit reviews ROAP funds on a monthly basis, and analyzes the efficiency of the programs in operating with ROAP funds on a quaterly basis. An end of FY report indicating passenger trips, cost per trip, and overall expenditures of ROAP funds is generated. U. Does the county require the subrecipients of ROAP funds to use the transportation services of Yes the federally funded Community Transit System operating in the county? V. Are subrecipients of ROAP funds coordinating transportation services with other Yes subrecipients in the county therefore reducing any duplication of effort? Accountability to North Carolina Taxpayers Yes or No W. Is the method used to sub - allocate the ROAP funds fair and equitable? Open and Yes transparent? Board of Commissioners Meeting 06/04/2012 9 -2 -3 Accountabilit to North Carolina Taxpa (con't) Yes or No X. Is the count prepared to provide documentation that an eli citizen was provided an Yes eli service or trip on the billed date, b whatever conve at the specified cost? Job interviews, j ob fair attendance, j ob readiness activities or trainin GED classes Y. A semi-annual ROAP Report must be completed and sent to NCDOT. Who will be desi to complete these reports in FY2013? ( name, title, emplo Joseph Mininni, Director of Finance & Administration, Cape Fear Public Transportation Authorit Elderl and Disabled Transportation Assistance Pro The Elderl and Disabled Transportation Assistance Pro ( EDTAP ) , ori enacted b le in the 1989 Session of the North Carolina General Assembl (Article 2B, 136-44.27), provides operatin assistance funds for the transportation of the state's elderl and disabled citizens. This transportation assistance allows the elderl and disabled to reside for a lon period in their homes, thereb enhancin their q ualit y of life. Elderl and Disabled Transportation Assistance Pro Questions I Yes or No A. What will be the purposes of the transportation services provided with EDTAP funds? ( Check all that appl Personal care activities, medical appointments, pharmac pick-up, shoppin bill pa meetin classes, bankin Job interviews, j ob fair attendance, j ob readiness activities or trainin GED classes Transportation to workplace F-1 Group field trips/tours to communit special events ( Federal charter re appl to transit. F-1 Overni trips to out-of-count destinations ( Federal charter re appl to transit ® Human service a appointments B. How will the transportation service be provided? ( Check all that appl Public Transportation S Private Provider Taxi Service A Staff Driver F-1 Volunteer Driver C. Are an of the EDTAP services y ou are fundin listed as an unmet need or g ap in service in the Public Transit-Human Service Coordination Plan or an other transportation plan for your Yes count See these pa numbers in the plan:. Local Coordinated Plan Plan Title: 0-1 D. Does the federall funded Communit Transit S operatin in y our count receive a Yes sub-allocation of EDTAP funds? If y es, does the count dictate which a and or will receive Yes transportation services with an of the EDTAP funds the transit s receives? Can the Communit Transit S use an of the EDTAP funds it receives to provide transportation for elderl and disabled citizens of the count who do not have a human Yes service a or or to pa for the service? Currentl in If the transit s Communit Transportation Service Plan (CTSP) is less than six y ears old, does it describe and evaluate the services the transit s is providin for process- expected the elderl and disabled? See these pa numbers in the plan: Plan Title: completion June 2012 4 Board of Commissioners Meetin 06/04/2012 9-2-4 Elderl and Disabled Transportation Assistance Pro Questions ( con't ) Yes or No Does the CTSP recommend an new EDTAP funded services for FY2013? See these pa numhers in the plan: N/A Plan Title: E. Will an of the subrecipients use their EDTAP sub-allocation as matchin funds for an of the followin pro ( Matchin g f unds f or operatin assistance onl 5310 — Elderl Individuals and Individuals with Disabilities Pro 5311 - Non-urbanized Area Formula Pro No 5316 — Job Access and Reverse Commute Pro (JARC) 5317 — New Freedom Pro F. Will an of the subrecipients of EDTAP funds char a fare for an EDTAP funded trip? Yes If y es, how much will the fare be? 5.00 If y es, how will the fare revenue be used? Operatin Funds G. Do an of the subrecipients of EDTAP funds restrict EDTAP funded services based on the No ori timin or destination of the trip? H. Is there a process or polic for determinin when it is appropriate to transfer EDTAP funds from one sub-recipient to another to prevent there bein unspent funds at the end of the period of Yes performance? I. EDTAP funded services are expected to be provided throu the entire y ear. If the To be EDTAP funds are expended in less than a y ear, will the count provide count funds to prevent determined B the discontinuation of transportation services? NHC Finance Emplo Transportation Assistance Pro The Emplo Transportation Assistance Pro ( EMPL ) is intended to help DSS clients that transitioned off Work First or TANF in the last 12 months, Workforce Development Pro participants and/or the g eneral public to travel to work, emplo trainin and/or other emplo related destinations. Emplo Transportation Pro Questions I Yes or No A. What will be the purposes of the transportation services provided with EMPL funds? ( Check all that appl F Job interviews, j ob fair attendance, j ob readiness activities or trainin GED classes Transportation to workplace ( Scheduled b the individual onl No a scheduled trips. Child of workin parent transported to Child Care B. How will the transportation service be provided? ( Check all that appl Public Transportation S Private Provider Taxi Service A Staff Driver F Volunteer Driver C. Describe the eli criteria to be used in this count to determine who will be provided EMPL funded trips. The transprotation services that will be provided usin emplo transportaion funds will be work transportation. The services will be provided to clients who are outside the normal income levels indicated b the Department of Social Serviecs. 5 Board of Commissioners Meetin 06/04/2012 9-2-5 Employment Transportation Program Questions (con't) Yes or No D. Are any of the EMPL services you are funding, listed as an unmet need or gap in service in the Public Transit -Human Service Coordination Plan or any other transportation plan for your Yes county? See these page numbers in the plan: Local Coordinated Plan Plan title: 10 -11 E. Does the federally funded Community Transit System operating in your county receive a sub- Yes allocation of EMPL funds? If yes, does the county dictate which agencies and organizations will receive Yes transportation services with any of the EMPL funds the transit system receives? Can the Community Transit System use any of the EMPL funds it receives to provide transportation for citizens in the county who need transportation to a job or employment No related destination and who do not have a human service agency or organization to pay for the service? If the transit system's Community Transportation Service Plan (CTSP) is less than six years old, does it describe and evaluate the services the transit system is providing for N/A the employed or unemployed? See these page numbers in the plan: Plan title: Does the CTSP recommend any new EMPL funded services for FY2013? See these page numbers in the plan: N/A Plan title: F. Will any of the subrecipients of EMPL funds charge a fare for an EMPL funded trip? No If yes, how much will the fare be? If yes, how will the fare revenue be used? G. Do any of the subrecipients of EMPL funds restrict EMPL funded services based on the No origin, timing or destination of the trip? H. Is there a process or policy for determining when it is appropriate to transfer funds from one sub - recipient to another to prevent there being unspent funds at the end of the period of Yes performance? I. Has the county transferred any EMPL funds to EDTAP or RGP in the last two years? No J. Will any of the subrecipients use their EMPL sub - allocation as matching funds for any of the following programs? (Matching funds for operating assistance only.) 5310 — Elderly Individuals and Individuals with Disabilities Program 5311 - Non - urbanized Area Formula Program No 5316 — Job Access and Reverse Commute Program (JARC) 5317 — New Freedom Program K. EMPL funded services are expected to be provided throughout the entire year. If the EMPL To be funds are expended in less than a year, will the county provide county funds to prevent the determined by discontinuation of transportation services? NHC Finance Board of Commissioners Meeting 06/04/2012 9 -2 -6 Rural General Public Program The Rural General Public Program assistance funds are intended to provide transportation services for individuals from the county who are not receiving transportation benefits from human service agencies or organizations. The county, in consultation with the Community Transportation System, must determine the RGP services to be provided with the formula RGP funds. Rural General Public Transportation Program Questions Yes or No A. what will be the trip purposes of the transportation services provided with RGP funds? (Check all that apply) ® Personal care activities, medical appointments, pharmacy pick -up, shopping, bill paying, meetings, classes, banking ® Job interviews, job fair attendance, job readiness activities or training, GED classes ® Transportation to workplace (Scheduled by the individual only. No agency scheduled trips.) ® Child(ren) of working parent transported to child care ❑ Group field trips /tours to community special events (Federal charter regulations apply to transit.) ❑ Overnight trips to out -of- county destinations (Federal charter regulations apply to transit.) ❑ Human service agency appointments B. How will the transportation service be provided? (Check all that apply) ® Public Transportation System ® Private Provider ® Taxi Service ❑ Volunteer Driver C. Are any of the RGP funded services the transit system will provide listed as an unmet need or gap in service in the Public Transit -Human Service Coordination Plan or any other transportation Yes plan for your county? See these page numbers in the plan: Local Coordinated Plan Plan title: 10 -11 D. If the transit system's Community Transportation Service Plan (CTSP) is less than six years C -re tI p old, does it describe and evaluate the general public services the transit system does in the county process for citizens who need transportation but don't have a human service agency or organization to expecte pay for the service? See these page numbers in the plan: om pl e l �; �� a Plan title: 201 E. Does the CTSP recommend any new RGP funded services for FY2013? See these page numbers in the plan: N/A Plan title: F. will RGP services be provided to citizens who need transportation but don't have a human Yes service agency or organization to pay for the service? G. will any of the RGP funded services be restricted based on origin, timing or destination of No the trip to control the expenditure of funds overtime? H. Since the subrecipient can only use RGP funds to pay for 90% of the cost of a trip, will the Yes, along ith g Community Transit System use fare revenue to generate the local 10% match requirement for NHC Funds RGP funds? If yes, how much will the fare be? 1.50 If yes, how will the fare revenue be used? Matching Funds If no, describe the source of the required matching funds? N/A 7 Board of Commissioners Meeting 06/04/2012 9 -2 -7 Rural General Public Transportation Pro Questions (con't) Yes or No I. Will RGP funded trips be coordinated with human service a trips? Yes J. How will the Communit Transit S market the proposed RGP funded services? Wave Transit markets RGP routes with our other fixed bus routes. In addition, Wave Transit attends public speakin and civic events throu the y ear in order to provide information to all individuals about this service. K. Will the Communit Transit S use an of their RGP sub-allocation as matchin funds for an of the followin pro ( Matchin g f unds f or operatin assistance onl 5310 — Elderl Individuals and Individuals with Disabilities Pro 5311 - Non-urbanized Area Formula Pro No 5316 — Job Access and Reverse Commute Pro (JARC) 5317 — New Freedom Pro L. Is an part of the count in an urbanized area accordin to the 2000 census? Yes M. RGP funded services are expected to be provided throu the entire y ear. If the RGP To be funds are expended in less than a y ear, will the count provide count funds to prevent the determined b discontinuation of transportation services? 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E El Board of Commissioners Meeting 06/04/2012 9 -4 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 10 DEPARTMENT: Environmental Management PRESENTER(S): John Hubbard, Environmental Management Director CONTACT(S): Sam Hawes, Landfill Manager; Kim Roane, Business Officer; and Lori Colon, Purchasing Agent SUBJECT: Consideration of Award of Bid to Lumina Builders, Inc. for Phase II in the Scale and Scale House Replacement Project BRIEF SUMMARY: In the FYII -12 Adopted Budget, the Board approved the Landfill Scale and Scale House Replacement Project in the amount of $290,000. Phase II consists of the Purchase and Installation of a New Modular Building. Services that are included are Site Preparations, Back -Up Generator, Access Ramp, Wood Deck, and a Covered Porch. The Building Dimensions will be 14' x 30'. The Work will also include all Foundation Work, Electrical Hook -Up, Plumbing Hook -Up, Water Hook -Up and Obtaining the Permits needed for Phase II. Staff formally bid the Landfill Scale House Replacement Project using the County's Website and NC Division of Purchasing and Contract IPS system. A pre -bid meeting was held May 1, 2012 at the project site. Three bidders submitted bids. Bid amounts are listed below: Lumina Builders $ 92,370 Home Headquarters $ 98,876 Bradley- Barnes $ 122,000 STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution awarding RFB # 12 -0309 and contract # 12 -309 to Lumina Builders Inc in the amount of $ 92,370 for the purchase and installation of the Landfill Scale House and authorize the County Manager to execute the contract. ATTACHMENTS: Resolution Pre -Bid Sign In Sheet Board of Commissioners Meeting 06/04/2012 10 -0 Bid Tab COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 10 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF NEW HANOVER COUNTY LANDFILL SCALE HOUSE REPLACEMENT PROJECT WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 3:00 PM, May 14, 2012, in the New Hanover County Finance Office, Suite 165, Conference Room 500 located at 230 Government Center Drive, Wilmington NC, and the following bids were received for the New Hanover County Landfill Scale House Replacement, RFB # 12-0309; and Bidders Bid Amount Lumina Builders $ 92,370 Home Headquarters $ 98,876 Bradley -Barnes $ 122,000 WHEREAS, Lumina Builders Inc. is the lowest responsive, responsible bidder, submitting for the purchase and installation of the landfill scalehouse replacement project in the amount of Ninety -two Thousand, Three - Hundred Seventy Dollars ($92,370); and WHEREAS, staff has reviewed the bid and recommends that the bid and contract be awarded to Lumina Builders, Inc. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that RFB # 12-0309 for the purchase and installation of the Landfill Replacement Scale House and contract # 12-0309 is awarded to Lumina Builders, Inc. in the amount of Ninety -Two Thousand, Three - Hundred Seventy Dollars ($92,370); and that the County Manager is hereby authorized and directed to execute contract # 12-0309, contract form to be approved by the County Attorney. ADOPTED this the 4 th day of June, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/04/2012 10 -1 -1 r � < V < I � N V .4 � O O O U 4-� CIA O to —4 ,:�.?.. CU Qj IM+ ill IFmfli Ed r � < V < I � N V .4 � O O O U 4-� CIA O —4 t", 'A L C ti czv 0 fiS - n�m a--i t' E cn 4 4 , W lob 1 r4 r T- i + r � < V < I � N V .4 � O O O U 4-� CIA O Q� ►/ �F CD E r< cm k-I ) U. �+ � ■ fin. r 0 Law d) 0- f L� m 4 --J M 0 wo c � CL � " w Ac 0 u Lm NIEMEN CL ui _ ca im , 0 z 1 OL C I 4 L6 Q� ►/ This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 11 DEPARTMENT: PRESENTER(S): Bruce Shell, County Manager; Chris Coudriet, Assistant County Manager and Evaluation Team CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Public Hearing County Evaluation Team Recommendation for Renovation and Long Term Operation of the New Hanover County Sustainable Energy Facility BRIEF SUMMARY: As part of the County Commission's direction to the county manager to layup the waste -to- energy, it also directed a comprehensive approach to finding an alternative operator to the facility. The county evaluation team presented its recommendation for a preferred business partner, Covanta Energy, at the May 21 board meeting. As directed by the board, the evaluation team is bringing the recommendation back for discussion and formal action. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss the county evaluation's team recommendation and direct the team to negotiate a comprehensive service agreement for board consideration in July 2012. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Discuss team recommendation and direct staff to proceed as outlined. COMMISSIONERS' ACTIONS: Directed the team to negotiate a comprehensive service agreement for board consideration in July 2012 by a vote of 5 -0. Board of Commissioners Meeting 06/04/2012 11 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Planning Manager CONTACT(S): Shawn Ralston, Planning Manager SUBJECT: Consideration of Lower Cape Fear Sustainable Communities Consortium Agreement BRIEF SUMMARY: The Lower Cape Fear Sustainable Communities Consortium (Consortium) was formed in 2010 to support multi - jurisdictional planning efforts in Brunswick, New Hanover, and Pender Counties that integrate housing, land use, economic and workforce development, transportation, and infrastructure investments. In June 2011, New Hanover County signed a Memorandum of Understanding demonstrating our support for this important initiative and authorizing staff participation. To fund planning efforts, the Consortium applied for a grant from the Federal Sustainable Communities Initiative, a partnership between the U.S. Department of Housing and Urban Development (HUD), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Transportation (DOT). The grant was established in 2010 to create more integrated and sophisticated regional planning that will guide state, metropolitan and local investments in land use, transportation and housing. In 2011, the Consortium was one of only 28 regions across the U.S. to be funded through this program through a grant for $1.13 million With the funding, the Consortium will work with the community over the next three years to create a Regional Plan for Sustainable Development. In order to complete the work outlined in the project scope, a Consortium Agreement must be signed by each of the eleven Steering Committee members to ensure effective function of the participating entities. New Hanover County has committed $26,764 of in -kind staff time over the three -year performance period of the grant. No cash contributions or new positions are being requested. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize signature of the Consortium Agreement. ATTACHMENTS: Consortium Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 06/04/2012 12 -0 COMMISSIONERS' ACTIONS: The item was tabled until June 18 by a vote of 3 -2, Vice - Chairman Barfield and Commissioner Thompson dissenting. Board of Commissioners Meeting 06/04/2012 12 -0 Final 5/22/2012 4:52 PM PAGE INTENTIONALLY BLANK Board of Commissioners Meeting 06/04/2012 12-1-2 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement Lower Cape Fear Sustainable Communities Consortium Poising the Lower Cape Fear Regionfor economic, t and social sustainabilit through aligned, t •• planning • t address an aging population, constrained transportation t • housing choices, t • the area's • climate change. Sustainable Communities Planning Grant Consortium Agreement In 2010, the Federal Sustainable Communities Initiative was formed with a partnership between the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA) to promote and implement integrated metropolitan transportation, housing land use and energy planning. The Sustainable Communities Regional Planning Grant Program was created through this partnership. The Lower Cape Fear Sustainable Communities Consortium (hereafter, the Consortium) was formed in 2010 to support multijurisdictional planning efforts in Brunswick, New Hanover, and Pender Counties, and the metropolitan center of the City of Wilmington to develop a regional plan focused on sustainable development, and to seek funding opportunities for these efforts. In 2011, HUD, through the Sustainable Communities Initiative, awarded the Consortium a grant of $1.13 million dollars to create a Regional Plan for Sustainable Development. Pursuant to requirements of the grant, members of the Consortium established this consortium agreement within 120 days of Cape Fear Council of Governments, as the lead agency, entering into a cooperative agreement with HUD. .. There is currently no comprehensive plan for the region, and local plans or policies do not address all of the issues facing the region nor do they incorporate HUD's livability principles. The Steering Committee will create a Regional Plan for Sustainable Development (RPSD) that will be used as a comprehensive guide by local and regional entities to align existing and proposed policies, regulations, plans and programs. The RPSD will identify the strengths, weaknesses, opportunities of the region and will identify opportunities and strategies to improve the region as stipulated in the grant application and derivative Work Plan. The final document produced will be utilized as the primary Plan to implement sustainable development and to support regional and community efforts toward that goal. The resulting Plan will enable the Lower Cape Fear region to meet the challenges of economic competitiveness with revitalization, rapid population growth with social equity, multi -modal transportation choices, inclusion and access to opportunity; climate change and energy use in a manner that protects public health and the environment. The RPSD will translate into tangible strategies that can benefit local residents and businesses. The project has identified the following goals and milestones as a central key to the success of the region: Page 1 mmissioners M 06/04/2012 12 -1 -3 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement The final RSPD will be used as a best practices document and will serve as a comprehensive guide for regional and local sustainability issues. Various agencies have declared support and assistance to the Consortium by signing a Memorandum of Understanding (MOU), a Letter of Commitment, and this Consortium Agreement. Technical, facility, and / or in -kind support has been pledged by each signatory. The organizations within the Consortium have remained the same since the grant was awarded; however, additional members shall be considered to fill any identified gaps. Any new organizational members will be required to sign the Consortium Agreement and participate fully, attend meetings, provide oversight, assistance, and perform duties as needed. The professional expertise that members of the consortium bring is vast and will be utilized to create the best possible Plan for sustainable development. The Consortium represents residents and organizations within Brunswick, New Hanover, and Pender Counties. Current members of the Lower Cape Fear Consortium include: • AMEZ Housing Community Development Corporation • Brunswick County • Brunswick Housing Opportunities • Cape Fear Council of Governments • Cape Fear Regional Community Development Corporation • City of Wilmington • New Hanover County • Pender County • WAVE Transit Authority • Wilmington Housing Authority • Wilmington Metropolitan Planning Organization The purpose of this Consortium Agreement (hereinafter, the Agreement) is to ensure that all the Consortium members and partners have a clear understanding of the goals and responsibilities involved in the Lower Cape Fear Sustainable Communities Consortium Regional Planning Grant initiative. This Agreement is designed to establish the framework Page 2 mmissioners M 06/04/2012 12-1-4 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement for collaboration among all the existing and future Consortium members, partners, the lead agency, project director, project manager and subcommittees. This Agreement formalizes the commitments and responsibilities of the Consortium participants. The Consortium is currently comprised of eleven (11) voting members and shall be referred to as the Steering Committee. The Steering Committee represents a wide array of interests, unique strengths and capabilities in areas including but not limited to affordable housing, transportation, energy, water, environmental quality, regional coordination, and economic development. Governance .- -, - - The Cape Fear Council of Governments shall serve as the Lead Agency for the HUD grant. As the lead agency, the Cape Fear Council of Governments staff, coupled with the Consortium's leadership & guidance will: • Appoint staff to function as the Sustainable Communities Grant project officer • Insure compliance with all HUD grant administration and fiscal requirements • Interface with consultants / contractors to ensure proper reporting and grant compliance • Assume fiscal responsibility for the grant on behalf of the Consortium 0 Represent the Consortium's interests as the Steering Committee Liaison to HUD • Ensure delivery of products when contracts with consultants are utilized • Provide Administrative support and financial tracking 0 Create and enter into contracts with consultants with Steering Committee approval 0 Serve as the primary point of contact to HUD on all matters related to the grant Project Director The Project Director shall be accountable to the Cape Fear Council of Governments for reporting, recordkeeping, deadlines, and other responsibilities to ensure compliance with the terms of their contract and the grant. The Project Director shall receive technical direction, guidance, and approval of all deliverables from the Consortium Steering Committee and Officers. The Project Director shall participate in the selection of and oversee a project manager. Additional responsibilities and performance expectations of the Project Director will be defined in their contract with the COG. Page 3 mmissioners M 06/04/2012 12-1-5 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement Steering Committee Member Commitments & Responsibilities: Steering Committee members shall provide general direction and oversight over the project, including but not limited to the activities and performance of the project director and project manager, budget, meetings, and dissemination of information regarding the project to partner organizations, the media, and the public. The Steering Committee members shall also make decisions regarding, but not limited to, the Sustainable Communities initiatives, recommendations from the Regional and Technical Advisory Committees, subcommitees, model policies and practices related to the Steering Committee and the recommendations to be included in the Regional Plan for Sustainable Development (RPSD). The Steering Committee shall provide, review, and decide if existing and /or applicable plans will be incorporated in the final Plan. It shall be the responsibility of the Steering Committee to provide recommendations within the Plan that can be used by the member agencies for aligning or amending existing plans, policies, regulations, or programs. The Steering Committee does not have the authority to alter the policies of any member organizations. Representatives will be fully responsible for ensuring that their organization is fully informed and consulted for decisions outside the bounds of any previous agreement. Decisions are made by the Steering Committee in accordance with the adopted bylaws. All Consortium organizations shall be responsible for providing in -kind support as stated in letters of commitment submitted in support of the grant application. Each Steering Committee member shall be responsible for providing the necessary in -kind support documentation in accordance with HUD requirements. Throughout the 3 -year grant process each organization in the Consortium will provide technical support to ensure the RPSD is completed in a timely and effective manner. Organizations within the Consortium having expertise with a specific topic to be addressed within the plan will provide data that will aid in the Plan's development. The Consortium shall play a critical role in the shaping of the RPSD, gaining public input, and identifying common goals. Page 4 mmissioners M 06/04/2012 12 -1 -6 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement The Steering Committee will work to increase collaborative input and public engagement, measure the region's resources, identify future development, and perform trend analyses to create long -term solutions for the region. A significant amount of funds has been set aside in the budget to promote public outreach, particularly to traditionally marginalized populations. Outreach efforts will be concentrated on the disabled, low - income populations, the youth, seniors and many other underrepresented groups. The Project Director will be responsible for insuring that the necessary amount of public input is completed. Stakeholder organizations within the Consortium's region will also have a chance to partake in the formation of the Plan through the various committees that are established within the organizational chart. The work plan developed by the steering committee outlines expected steps to be taken to complete the Regional Plan for Sustainable Development. The Project Director will insure that all of these steps are completed and the Steering Committee will provide oversight, guidance, and assistance. The Steering Committee will meet monthly, or more frequently as needed. The Steering Committee shall also form subcommittees made up of Steering Committee members and other non - voting partners. All subcommittees, including the Regional and Technical Advisory Committees (hereinafter the RAC and TAC) shall serve at the pleasure of the Steering Committee. Steering Committee members will sit on the RAC and TAC to insure full communication between the three committees. Each Consortium member will have one designated voting Steering Committee representative. The Steering Committee membership and decision - making by the Consortium shall be governed by the approved bylaws. The bylaws are a separate document adopted by the Steering Committee and detail voting procedures. A Steering Committee representative may be replaced at the will of the member organization. The Steering Committee may elect to change the terms of membership through an amendment to the bylaws. The organizational chart (attached) illustrates how a collaborative network is shaped to produce maximum engagement. The Regional Advisory Committee (RAC) and the Technical Advisory Committee (TAC) will commit to regular meetings facilitated by the Project Director and / or Project Manager. Each Steering Committee member will serve on one or both of these committees to insure communication and consistency between the Steering Committee, the RAC and the TAC. The Project Director will be responsible for garnering public input under the guidance of the RAC, TAC, and Steering Committee. The Steering Committee will provide leadership and guidance to the Project Director, Project Manager, and all Consortium committees. It is the responsibility of the Steering Committee to periodically evaluate the diversity of the Consortium membership as well as the diversity of the membership of the TAC and RAC to ensure that no groups are under- represented and that the proper expertise is applied to committee work of the Consortium. Through the TAC and RAC, the Steering Committee will work to build the Consortium membership to ensure that it reflects the diverse interests in the region and to close any existing knowledge gaps. Page 5 mmissioners M 06/04/2012 12-1-7 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement The Steering Committee may consider new members pursuant to the approved bylaws. Members will be chosen in such a way that will enhance the diversity, regional representation, and technical expertise of the Consortium. The Steering Committee will consider and determine needs of the committees; however, other stakeholder groups and organizations will have the opportunity to participate in committees without becoming members of the Consortium. Active involvement by the members is important. The membership status of any inactive member or organization shall be reviewed by the Steering Committee. "O"' =411K The RAC will solicit representatives from all Towns or organizations within the 3- county metropolitan statistical area, state agencies (including the N.C. DENR, DOT, Dept. of Commerce, and Ports Authority), and the region's top employers. The purpose of the RAC will be to ensure that development of the RPSD is inclusive of all regional perspectives and that strategies are developed that integrate competing regional needs. Responsibilities of the RAC include but are not limited to: o Garner support, leverage investments, and gain input from important stakeholders throughout the region. • Ensure that the long -range vision is collaboratively developed and implemented • Identify marginal populations and organize outreach efforts • Organize stakeholders and increase support among the region. The TAC includes representatives from multiple governmental and non - governmental organizations, and educational institutions. Members will include staff with technical and operational experience in transportation, housing, economic development, public health, community outreach, social equity, energy, and natural resources. Responsibilities of the TAC include but are not limited to: o Identify technical issues and needs in addressing the framework of the six livability principles o Compile all the information from subcommittees into cohesive technical reports o Identify performance measures, benchmarking, and technical proposals to guide the technical elements of the plan. All subcommittees, including the Regional and Technical Advisory Committees shall serve at the pleasure of the Steering Committee. Page 6 mmissioners M 06/04/2012 12 -1 -8 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement By signing this agreement the signatories agree to: • complete the duties and tasks involved in the initiative, • comply with matching in -kind commitments and reporting needs, • consent to the goals and organizational structure of the Consortium, and • recognize and execute principles and opportunities that align with the goals of the Consortium. All Steering Committee members' in -kind match commitments shall be accounted for and reported to the Lead Agency (Cape Fear Council of Governments) &the Project Director in a timely manner when requested, in accordance with HUD reporting requirements. The Project Director will report to Consortium members any deficiencies in meeting the amount of in -kind support that was pledged. Consortium members will use approved documentation when submitting the amount of in -kind support hours declared. The Project Director will work with each member organization to ensure that by the end of the grant period all the required committed hours and support is accomplished. All hours worked and expenditures attributed to Consortium resources and activities are subject to standard local government accounting practices. The Consortium members will adhere to all additional HUD accountability requirements. Financial tracking will be performed by the Cape Fear Council of Governments and the Project Director with periodic reporting to the Steering Committee. Subgrantees (contractors) who receive grant funds for a specific task may be subject to additional review as deemed necessary by the Lead Agency. Formal contracts and agreements will be signed between the Lead Agency and the subgrantee. Specific deliverables and timeframes will be outlined in the formal contract agreements subject to Steering Committee oversight. The Steering Committee has developed a Work Plan for the development of the RPSD. The Work Plan details the funds to be used, the project members, goals, and the tasks involved, and includes metrics for tracking progress of tasks and initiatives. The Steering Committee will adopt a Work Plan on an annual basis. The Project Director, Project Manager and Steering Committee will have a substantial role in the formulation and execution of the Work Plan. All activities identified in the Work Plan will be completed in a timely manner by those involved in the initiative. The Work Plan can be amended if approved by the Steering Committee and HUD. The Steering Committee will consider all organizations that desire to become involved with the Consortium and development of the RPSD on an ongoing basis. All potential members will be evaluated by the Steering Committee to determine the best possible fit within the organizational chart. If it becomes necessary to alter the governing structure for the good of the project, it will be done subject to the approval of the Steering Committee. Potential Page 7 mmissioners M 06/04/2012 12-1-9 Lower Cape Fear Sustainable Communities Consortium Consortium Agreement members will be evaluated objectively and will be selected in such a way that will enhance the diversity of the members. The RAC and TAC Committees will be formed to ensure diversity and inclusion of interested and engaged groups within the region. This agreement is effective on the date signed by member signatories and will expire upon completion or termination of the grant. The Lower Cape Fear Sustainable Communities Consortium will continue to function to further sustainability of the region through facilitating implementation of the plan when the 3 -year grant ends. Roll 171 This agreement may be terminated, extended, or amended by a written amendment submitted to and signed by all member parties. All Steering Committee members must sign the Consortium Agreement and Memorandum of Understanding (MOU) prior to serving on the Consortium. Each signatory agrees to this formal Consortium Agreement detailing the specific responsibilities and roles for each partner. The signature below reaffirms each organization's commitment to serve as a member of the Lower Cape Fear Sustainable Communities Consortium in accordance with the terms outlined in this Consortium Agreement, the MOU, the approved bylaws, approved work plans, and applicable HUD requirements. The Consortium Agreement with all the signatures will be kept on file by the Secretary of the Steering Committee, HUD, and the Cape Fear COG (Lead Agency). Page 8 mmissioners M 06/04/2012 12 -1 -10 ATTACHMENT Organizational Chart for Sustainable Communities Regional Planning Grant Lower Cape Fear Sustainable Communities Consortium (LCFSC) Board of Commissioners Meeting 06/04/2012 12 -1 -11 Signature Page Lower Cape Fear Sustainable Communities Consortium Agreement Name of Organization Authorized Signature EXECUTED as of , 2012. Name (print or type) Title Primary Point of Contact: Name (print or type) Title Board of Commissioners Meeting 06/04/2012 12 -1 -12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 13 DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner; and Chris O'Keefe, Planning & Inspections Director (Planning Board Rep: Melissa Gott Johnson) CONTACT(S): Sam Burgess, Senior Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -917, 04/12) - Request by Cindee Wolf with Withers & Ravenel on Behalf of ,JRB Property, LLC to Rezone Approximately 0.459 Acres at 201 Porters Neck Road from R -15 Medium - Density Residential to CD(B -1) Conditional Business District BRIEF SUMMARY: At their May 3, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of the rezoning. No one from the public spoke in opposition of the rezoning. The site is identified as Transition on the 2006 CAMA Land Classification Map. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • 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 to CD (B 1) Conditional 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 maximimize 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 .4591 acres from R -15 Residential to CD (B1) Conditional Business in this location adjacent to similarly approved development. Board of Commissioners Meeting 06/04/2012 13 -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 -917 Script Z -917 Staff Summary Z -917 Petition Summary Z -917 Adjacent Property Owners Map Z -917 Zoning Map Z -917 Site Plan Z -917 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The zoning was approved 5 -0. The special use was approved 5 -0. Board of Commissioners Meeting 06/04/2012 13 -0 ITEM# 13 SCRIPT FOR CONDITIONAL REZONING Z -917 (04/12) Request by Cindee Wolf with Withers & Ravenel on behalf of JRB Property, LLC to rezone approximately 0.459 acres at 201 Porters Neck Road from R -15 Medium- Density Residential to CD(B -1) Conditional Business District. The site is identified as Transition 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 Noes) 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) In Motion to deny because, if completed as proposed, the development more probably than not: 13 a. Will endanger the public health or safety for the following reasons: b. Does not meet all required conditions and specifications, in particular: 13 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 06/04/2012 13 -1 -1 CASE: Z -917, 04/12 PETITONER: Withers & Ravenel on Behalf of JRB Property, LLC REQUEST: Rezone from R -15 Residential to CD (B -1) Conditional Use District ACREAGE: .4591 LOCATION: 201 Porters Neck Road LAND CLASS: Transition (2006 Adopted CAMA Plan) Planning Board Action At their regular meeting on May 3, 2012, the Planning Board voted 5 -0 to approve the petitioner's request to rezone .4591 acres from R -15 Residential to CD (B -1) Conditional Use District. No one from the public spoke in opposition. Staff Summary The petitioner's property is located near the intersection of Market Street and Porters Neck Road in northeastern New Hanover County. Access to the parcel of land is from Porters Neck Road, a collector roadway. The parcel is approximately .4591 acres and has a residential home existing on site. At the present time, the home is being used as an office for a private construction business. According to the petitioner, this office has been utilized for the past ten years. No construction equipment exists on site. Present zoning of the petitioner's property is R -15 Residential. The property is bounded to the north and west by B -1 Neighborhood Business and to the southeast by R -15 Residential (see attached map). The B- 1 area contains a variety of services ranging from a shopping center, banking, and pharmacy to a gas and convenience facility. More intense commercial services existing under the B -2 Highway Business District are also located nearby. The purpose of the B -1 District is to provide convenient shopping facilities and personal services required to serve nearby neighborhoods. The district's primary means of access are typically along collector roads, minor arterials and /or major arterials. Traffic near the petitioner's property can be characterized as moderate to heavy with "vehicular stacking" during peak hour times near the signalized intersection of Porters Neck Road and Market Street. The average daily number of trips (ADT) near and just south of the Market Street/ Porters Neck Road intersection is 12,834. Trip generation has basically remained stable since 2006. The Level of Service (LOS) along Market Street near Porters Neck Road is F meaning that the road is over capacity. Porters Neck Road did not have a LOS based on 2007 figures. The 2006 CAMA Land USE Plan identifies the area as "Transition." The "Transition" land classification provides for future intensive urban development. The location of these areas is based upon land use planning policies (5.7) promoting optimum efficiency in land utilization and public service delivery while not diminishing the quality of life of nearby residents. Policy 4.3 also provides for the maximum Z -917, 04/12 Page 1 Board of Commissioners Meeting 06/04/2012 13 -2 -1 effectiveness of commercial uses within close proximity to the markets they serve and ensuring that such uses do not diminish the quality of life of nearby residents. gtnff Pncitinn The petitioner's request to rezone .4591 acres from R -15 to CD (B -1) appears reasonable for several reasons. First, the parcel of land is adjacent to an existing B -1 District located north and west. This rezoning proposal would be an extension to an existing district that has been established for a number of years. Second, the property as a construction office has been in use for close to a decade and has created no ill effect on adjoining residential property to the south. The only impediment of immediate concern is the cement median extending from the Market Street /Porters Neck Road intersection south beyond the petitioner's property. This median was constructed to mitigate traffic movement safety concerns. The median has created a "right -in ", "right -out" turning movement for access into the property. However, considering the limited /light amount of traffic going to and from the business, this may not pose a safety concern. The 2006 CAMA Plan policies 4.3, 5.6, and 6.3.9 refer to the need to maximize effectiveness of commercial uses within close proximity to the markets they serve. The recently adopted Market Street Corridor Plan has designated /recognized the intersection of Market Street and Porters Neck Road as an "Activity Center." Activity Centers encourage compact, mixed use development comprising of open space and office as well as businesses and townhomes along with multi -model transportation. Sidewalks /multi -use paths are encouraged as well. It is expected that residential and commercial demand for services will increase in the area. For these reasons and because the permit is for a use that is already in place, 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 (131) Conditional 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 .4591 acres from R -15 Residential to CD (131) Conditional Business in this location adjacent to similarly approved development. With this proposal being considered as a Conditional Use District, the following preliminary findings of fact for the Special Use Permit portion of the request are noted by Staff: Z -917, 04/12 Page 2 Board of Commissioners Meeting 06/04/2012 13 -2 -2 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 is located along the frontage of the property. Public sewer is located on Market Street at Porters Neck Road. B. Fire protection is provided by New Hanover County Fire Services. C. The property is not located within a flood hazard area. D. An existing driveway to the structure is located off Porters Neck Road. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety. 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 or speculative development. The existing structure will be a construction business office. B. The existing structure contains 1,476 square feet of heated floor space with an open carport attached to the structure along with an attached greenhouse. A storage shed is located near the northern rear portion of the yard. A site map depicts these features. C. Landscaping, buffering, parking, and signage are required in accordance with the County's Zoning Ordinance. 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. The existing residential structure has been used as a construction office for the past few years. No changes to the structure are planned to take place. B. No evidence has been submitted that this use 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 materially injure the value of adjoining 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 identifies the property as "Transition." The "Transition" designation provides 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 Plan outlines the desire to maximize effectiveness of commercial type uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring Z -917, 04/12 Page 3 Board of Commissioners Meeting 06/04/2012 13 -2 -3 that such commercial nodes do not diminish the quality of life in nearby residential areas. The proposal meets requirements for the B -1 Neighborhood Business Zoning District and is located in a "Transition" land classification. No roadway improvements are required. Access from the property will be limited to right -in and right -out turning movements. Staff suggests that the findings are positive with the following conditions: 1) In accordance with Section 31 ( "Rules for Interpretation of District Boundaries)of the County's Zoning Ordinance, the proposal shall include the road right -of -way front yard width of the property along Porters Neck Road extending northwest to the eastern right -of -way of Porters Neck Road (see base map) and, 2) Any deed restrictions to the property being modified or released of record. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. Action #2 - Special Use Permit 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. Z -917, 04/12 Page 4 Board of Commissioners Meeting 06/04/2012 13 -2 -4 Case Z -917 (4/12) Rezone 0.459 acres from R -15, medium - density residential to CD (B -1), conditional business district. Petition Summary Data 201 Porters Neck Road Owner /Petitioner: Cindee Wolf with Withers Ravenel, Inc. on behalf of JRB Property, L.L.C. Existing Land Use: R -15, medium density residential Zoning History: Area 5 (July 6, 1971) Land Classification: Transition Water Type CFPUA Sewer Type: None at this time; however, sewer is located on Market Street at Porters neck Road within 500 feet of this property which will be required to be extended at the cost of the developer for any new construction. Recreation Area Blair Elementary School Access Traffic Volume: The ADT of Porters Neck Road, South of Market Street, has increased from 12 (2010) to 12,834(2011).The portion of Porters Neck Road fronting the subject property has a LOS of F, meaning the traffic counts exceed the capacity of the roadway. Fire District: New Hanover County Fire Service District Watershed Water Quality Classification: Pages Creek (SA; HQW 303) Aquifer Recharge Area: A shallow water table and aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: The entire parcel is located with the Special Highway Overlay District (S.H.O.D.). The Conservation Overlay District classifies the property as Urban and Developed Land. Soils: Leon Sand is the only soil located on the subject property. Septic Suitability: Leon Sand is a Class III soil. It has severe limitations and requires extensive modification and intensive maintenance. Schools: Blair Elementary School Board of Commissioners Meeting 06/04/2012 13-3-1 0 qrm M u LLJ U�u U U u u c Lf) M 4- — (1) LO 1 - 0 0 4� _0 M 0 —1 = _j 0 z (0) (Y) .- .- u LO E 4-j < < CL LU; LU; LU LU CL:� U [-- [--- (D �-- F--� F-- LLJ LU LU LU A c� (D o LO 0 (1) 4-- LO LO LO LO 0 u 0 (D . 4� M LO 4- j (D 2= > 0 0 CL M El v M < -L CL J J 0 0 010 0 (a) u (1) 0- 0 qrl V 0 (1) 0 Q [] 6 . = LO 0 4� _j 0 LO < —D < <; < < U� u u M ]—_; —J —1 0 O 0 0C—L; M M M CD Q M C-L 0 0 CD M 0 qrm -J -J, -J -J u -J! J', -i LLJ U�u U U u u M LU LU; LU LU z CL c Of � c < < CL LU; LU; LU LU CL:� U [-- [--- (D �-- F--� F-- LLJ LU LU LU LU LU CL CL u 0,0 , 0 0 < < U U U CL CL LL LL Lu LLJ' LU CL CL - M < -L CL J J 0 0 010 0 0 ❑ 0� EL; EL LU LU LU, Lu Lu LLJ LLJ 0', 0 0 0 M M V 0 Q ❑ C)f C) C) C�� LL LL LL 0! 0 LLB <: < < CL < <; < < U� u u M ]—_; —J —1 0 O 0 0C—L; M M M N: 0 (.0, r �� O:D :J � (D. t k7 Board of Commissioner Meetin 06/04/2012 4 q 4 4 � _ C�3 m = J co � CL . • V O CL 0 7 1 0 �? d LO rLLl�J1+ �j} r �y LO LO + � k L J r z try V J + [ J ! �y y' V LJ . - 1{•��� CL El 0 u J CL LO � CD Q CL C O m 06/04/2012 13 -6 -1 VIA, Name Cindee wolf Compan Withers & Ravenel, Inc. Address 1410 Commonwealth Drive, C1t stnte� Zip Wilmin NC 28403 Phone cwolEgwithersra-,renel.com WRB Propert L.L.C. IL CIT rc 7, V Unit 101 201 Porters Neck Road i C1t state Zip Wilmin NC 28411 5,11"'W" MIT, M jberr 1s40ec.rr.com PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR O SUBMITT T INJ YOUR APPLICATION! Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. For petitions involvin five ( 5 ) acres or less, a fee of $400.00 will be char for those of g reater than five (5 acres a fee of $600.00 will be char This fee,, pa to New Hanover Count MUST accompan this petition. REVIEW PROCEDURES Petitions for conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then acted upon b the New Hanover Count Board of Commissioners. Complete petitions and all supplementar information must be accepted b Plannin & Zonin twent ( 20 ) workin 0 Ja before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North - C - t7arolina General St*,-;,ttAeL.. Pa I of 4 41'l 0 Board of Commissioners Meetin 06/04/2012 13-7-1 Plannin Board meetin are held at 5-.30PNI in the Commissioner's Assembl Room in the Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolina, on the first Thursda of each month. If the Plannin Board approves y our petition, the re will automaticall be referred to the Board of Count Commissioners. If y our petition is denied, y ou ma appeal to the Board of Commissioners. Plannin & Zonin can advise y o-u- re appeal procedures. T . iy T H I a WT Policies for g rowth & development encoura continued efforts to attract and retain businesses. The propert fronts on what has become a bus collector road for the residential nei of Porters Neck & Fi Ei Island. The nearb intersection with Market Street (U.S. Hw 17) is a major commercial node. The lot is no lon attractive for sin residential use. 2. How would the re zone chan be consistent with the propert classification on the Land Classification M 9 ap 0 The 2006 Land Classification Plan identifies this area as Transition. The Transition classcation is to provide for future intensive urban development on lands that have been, or will be provided with necessar urban services. The location of these areas in based upon land use plannin policies re optimum efficienc in land utilization and public service deliver An office is considered an appropriate transitional use between commercial and existin residential. 3. What si nei chan have occurred to make the ori zonin inappropriate, or how is the lan� involved unsuitable for the uses permitted under the existin zonin The ad use has been a convenience store & fuel station for a lon time. properties in the vicinit of the intersection have slowl been developin for commercial uses. Usin the existin structure as an office, conditioned upon chan to the overall character of the s1te, would not affect or diminish thlo of life of an nearb remainin residential uses. Refer to the site plan and project narrative for specific conditions. Board of Commissioners Meetin 06/04/2012 13-7-2 I "M 591 General Re #2 The Board must find'Ihat the use meets all re conditions and specifications" of the Zonin Ordinance. The structure and drivewa are existin Additional landscapin can be installed to meet ® district compliance re for landscapin and bufferin parkin si stormwater mana etc. There are no additional restrictions imposed for this particular special use, General Re #3 The Board must -find "that the use will not substantiall in the value of ad or abuttin pro . pert or that the use is a public necessit The adjacent use has been a convenience store & fuel station for a lon time. Other properties in the vicinit of the intersection have slowl been developin for commercial uses. Usin the existin structure as an office, conditioned upon makin no chan to the overall character of the site, would not affect or diminish the q ualit y of life of an nearb remainin residential uses. General Re #4 The Board must find "that the location and character of the use if developed accordin to the plan as submitted and approved will be in harmon with the area in which it is to be located and in g eneral conformit with the plan of development for New Hanover Count M1139M Board of Commissioners Meetin 06/04/2012 13-7-3 Check each 'Item to confirm that lis included. The application w1ill not be deemed complete without all items bein addressed. Tract boundaries and total area, plus location of adjoinin land parcels and roadwa Existin zonin of the tract and nei parcels and proposed tract zonin it Proposed use of land, structures and other improvements. For residential uses, this shall include number, hei and t T units and site plan outlinin area to be occupied b each structure and/or subdivided lot boundaries. For non- r 'dential uses, this shall include approximate s foota and hei of each structure, an outline of the area it will esi I N/A Development schedule includin proposed phasin Traffic and Parkin Plan to include a statement of impact concernin local traffic near the tract, proposed ri dedication, plans for access to and from the tract, location, width and ri for internal streets and location, arran and access provision for parkin areas. All existin and proposed casements, reservations, re setbacks, ri bufferin and si N/,A The one hundred (100) y ear floodplain line, if applicable Location and sizin of trees re to be protected under Section 67 of the Zonin Ordinance. Il An additional conditions and re which represent g reater restrictions on development and use of the tract than the correspondin General Use District re which are the minimum re in the Conditional :, t W P! An other information that will facilitate review of the proposed chan ( Ref. Article VII, as applicable). fir, o on J Si Pip loner andt ropert Owner Print Name ommm H M Board of Commissioners Meetin 06/04/2012 13-7-4 E &VIE ' � ! "� ��' „� 1' i r� ii? ;� Please note that for q uasi- j udicial proceedin either the land owner or an attorne must represent the case at its public hearin Thais a a shall continue in effect until written notice of revocation b the owner is delivered to New Hanover Count This the da of 20A_ A Name, Address, Email & Telephone Si of (Print or T =71 I s A. Burris - member/mana Board of Commissioners Meetin 06/04/2012 13-7-5 FOFZ RE GISTRATION REGISTER OF DVEDO-1 f �+ i,r `(' y {i JENNIFER ' } j i) , s O W If IN �,S f� 1 }, I � t {�r 35 AM 71 c SK p 2 340 - 214 3 f f1f $ c "� i,i t 1 1 1 Prepa ��{ !s d lid) { ds I � i }�I �(i. � tl�, ;i TAYLOR Ir it t � I,�� -Ir � %ri ' ? i '�s { i Usr li . s }r ( r � � 4 V � Sr � V v, ,� �; f � _- f{ t t I r� fs, , c �. � S, { `` r t " � 1 V i �,� (S 4 ,,} 1 3 1 F, ,r}` 1J �t E- i,{ i l`. {y� V`a' '��' G;. r� }„ North ��� W tr � 284 � � ��1f} ,�, '4 „ °�i �' 4tr � � { }., `� �( �� Avenue � rl`t'P l t, , I (1 t . �r ; ,,, „- r,, , } ,,Z art . 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It 1 (ll � l l ,4, made r ,, WITNESSETH THAT. 0 i 5 I s r -, t f '? � A C-1-- i � Board of Commissioners Meeting 06/04/2012 J �� %f Ili { '`' ii ,:; i „`' �s �!!':� ,ii s r 1 ; ,. ,i � sr li � ,w,.• S , 'i i -{ ' ”} { , t" ! ,#;, ;} ; r u v , i r l r ;s e N TEST t, � � `{ "` �' j 7 ' j1 GRA Ir: WHERE i:: r' � } j he reu n t o �,,, i ;} h a nd 1 , J' z , g of j :, a a n d y ea r first a 1 i� ' s Board of Commissioners Meeting 06/04/2012 13_7_7 Tract 1. 201 Porters Neck Road R R02900-004-013-2UO 0 nom t r +�t ommissioners Meeting 06/04/2012 13 -7 -8 Corporation Names WMA. *"w1Aa=&AE;Z=m I= wo_ M Name Name T NC JRB PROPERTY, LLC LEGAL Limited Liabilit Compan In'formation SOSID-2 1193310 Status: Current-Active Effective Date.- 3/1412011 ■ Dissolution Date: AnnualReport 4/16/2012 Due Date: Citizenship: DOMESTIC State of Inc.■ NC Duration: PERPETUAL Annual Report CURRENT Status: Re A A ® BURRIS, JAMES R. Office Address: 201 PORTERS NECK ROAD WILMINGTON NC 28411-7603 Principal Office S Mailin Address: NO ADDRES-f-51 Officers I Board of Commissioners Meetin 06/04/2012 13-7-9 I Le Description for Condonal District Rezonin of 201 Porters Neck Road Be at a point in the northeastern boundar Porters Neck Road (S.R. 1402), a 60' public ri said point bein located 210.00 feet southeasterl alon the 0 ri from its intersection with the southeastern boundar of Market Street (U.S. Hw 17), a public ri and runnin thence from the point of be Bein also described on a plat recorded amon the land records of the New Hanover Count Re in Map Book 6, at Pa 70, as Lot 1 / Ralph D. Drew division. Board of Commissioners Meetin 06/04/2012 13-7-10 % 'A RE ki w AL F . It �24 ,,s,,n \� : �� \ \� \} � {? \\ \. �\ � � . , � ��j tu ry Cl }� \\ \� \{ \ \k \\ \° � \ \ \ \ \\ � � fY mommom \ �\ \ \ \�\ % 'A RE ki w AL F . It �24 ,,s,,n I W -1 W BrNqrd nf Cow 06/04/2012 13 7 --Il tu ry Cl r j 0 t IL fY mommom I W -1 W BrNqrd nf Cow 06/04/2012 13 7 --Il 06/04/2012 13 -7 -12 to ? j 7 e a- g a F # .: Ln cm - -•. CJ..' i S ' h 06/04/2012 13 -7 -12 06/04/2012 13 -7 -13 PROPERTY OWNER lb ADJACENT OWNERS. J RB Propert LLC Holt Oil Co., Inc. 201 Porters Neck Rd 2900-004-015-000 Wilmin NC 28411 P.O. Box 53157 Situs: Fa NC 28305 PINS- 326015-62.0415 326015.52.9665 PID: 2900-004-013-000 PIDE 2800-002-001-000 SIM.- 201 Porters Neck Rd Sltus: 8300 Market St Robert Lea & David Sneeden 519 Market St Wilmin NC 28401 Oak Rid Properties at Pneck P.O. Box 4014 Wilmin NC 28406 PIN*- 326019.62.1400 PINE- 326019.52.9143 PIDS- 2900-004-015-000 PIDS- 2800-004-036-000 Situs: 205 Porters Neck Rd ■ Situs: 204 Porters Neck Rd Oak Rid Propertiesat Pneck P.O. Box 4014 Wilmin NC 28406 Oak Rid Properties at Pneck P.O. Box 4014 Wilmin NC 28406 PIN: 326019.51.3763 PIN: 326019-52.6390 PID: 2800-004-035-000 PID: 2800-004-033-000 Situs,: 8260 Market St ■ Situs: 8290 Market St Board of Commissioners Meetin 06/04/2012 13-7-14 Board of Commissioners Meeting 06/04/2012 #01111" WITHERS ,k RAVENEL Februar 15 2012 To.- Ad Propert Owner From: Cindee Wolf Re-, James R. Burris Construction Compan We hope to work closel with the ad j acent propert owners and an other interested parties to assure the are aware of the pro and to provide an opportunit for explanation of the proposal. Q uestions can be answered concernin pro j ect improvements, benefits, and impacts. 0 A meetin will be held for this pro j ect proposal on Tuesda Februar 21", at the site, 201 Porters Neck Road, 5.30 p.m.. If y ou can not attend, y ou can also contact me at 910-509-6505, with comments, q uestions, or if y ou need additional information. After movin forward with a formal submittal to the Count y ou will be receivin notification prior to this pro j ect bein reviewed b the Plannin Board, probabl at their April meetin and, ultimatel the Board of Commissioners for final approval. Those meetin provide a public Iorum for comment on the issues pertinent to the project proposal. 0 We appreciate y our interest and look forward to a successful pro development that will be an asset to our communit 1410 Commonwealth Drive, Unit loi, Wilmin North Carolina 28403 Tel: Fax- License No. C-o8 www.withersravenel.com Board of Commissioners Meetin 06/04/2012 13-7-17 06/04/2012 13 -7 -18 MAO Board of Commissioners Meetin 06/04/2012 13-7-19 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 14 DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Chris O'Keefe, Planning & Inspections Director (Planning Board Rep: Melissa Gott Johnson) CONTACT(S): Nicole Dreibelbis, Current Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Special Use Permit Request (S -605, 05/12) - Request by Ginger Bruton on Behalf of Canady Revocable Living Trust to Obtain a Special Use Permit to Establish a "Kennel "at a Property Located in an 0 &I Office and Institutional Zoning District at 8001 Market Street BRIEF SUMMARY: At their May 3, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of the special use permit with two conditions recommended by staff, including: 1) connection to public water; and 2) dedication of a 20 ft. easement for future development of a multi -use path along Market Street. No one from the public spoke in support or in opposition of the item at the meeting. The site is classified as Transition on the 2006 CAMA Land Classification Map. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. 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 -605 Script S -605 Staff Summary S -605 Petition Summary Board of Commissioners Meeting 06/04/2012 14 -0 S -605 Adjacent Property Owners Map S -605 Zoning Map S -605 Market St Corridor Map S -605 Market St Corridor Reference S -605 Site Plan S -605 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/04/2012 14 -0 ITEM# 14 SCRIPT FOR SPECIAL USE PERMIT S -605, 05/12 Request by Ginger Bruton on behalf of Canady Revocable Living Trust to obtain a special use permit to establish a "Kennel ". The property is located in an O& 1 Office and Institutional Zoning District at 8001 Market Street. The site is classified as Transition 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. 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. In 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: 13 a. Will endanger the public health or safety for the following reasons: [D b. Does not meet all required conditions and specifications, in particular: 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 06/04/2012 14 -1 -1 SPECIAL USE PERMIT 5 -605, 05/12: Request for a special use permit to establish a "kennel" in an Office and Institutional District, located at 8001 Market Street. Request By: Ginger Bruton on behalf of Judy M. Canady, Canady Revocable Living Trust Location: 8001 Market Street, Parcel ID R03600- 003 - 067 -000 Planning Board Action The Planning Board voted 5 -0 to recommend approval of the requested special use permit with the two conditions recommended by Staff, including: (a) connection to public water; and (b) dedication of a 20' easement for future development of a multi -use path along Market Street, at their May 3, 2012 meeting. 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. The subject property is currently billed for public sewer with CFPUA. Public water is available; however, applicant anticipates utilizing a 5/8" meter on a well. Continuing to use the existing well will require an Existing Use of Well Permit from Environmental Health. B. The route of access is Sweetwater Drive to Market Street. The ADT of Market Street, north of Sweetwater Drive, has decreased from 39,195 (2010) to 34,402 (2011). The Level of Service at the intersection of Market Street and Sweetwater Drive is F. C. The subject property is located in the New Hanover County Fire Service District. Fire extinguishers and exit signs will be required per NFPA. D. The site is not within a flood hazard area. E. The property is located within the S.H.O.D. and is subject to the requirements of Section 59.6. 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. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The current facility is the former Canady Extermination building and as of April 17 2012 has been renovated to accommodate the Going Green Pet Spa. The applicant currently accommodates no more than three (3) pets at one time under a Zoning Only Permit, #12-4438. B. The applicant wishes to increase the number of pets she is eligible to accommodate at one time. Per the Zoning Ordinance definition of "kennel ", increasing the number of pets beyond three at one time requires a special use permit in the O &I zoning district. S -605, 05/12 Page 1 Board of Commissioners Meeting 06/04/2012 14-2-1 C. The applicant currently has 7 designated off street parking spots, shown on the site plan, exceeding the minimum requirement of Section 81 -1, which requires 1 parking space for each 400 square feet of gross floor area. D. The facility has direct access onto a street that meets the minimum requirements for acceptance and maintenance by the North Carolina Department of Transportation per Section 72- 26(1). E. The applicant is proposing two exercise areas with four (4) to six (6) foot fencing. F. There is not currently an outside sign for the facility, nor is one proposed per the attached site plan. However, if one were to be added to the site it would be subject to Section 72- 26(4). G. Buffering is proposed by the applicant to include a row of 6 foot tall wax myrtles planted 5 feet apart to mitigate impacts to the adjacent residential property consistent with 67B -4(1). Further, the applicant is proposing to screen the dumpster from adjacent residential property with a fence. Staff feels the buffer proposed, in addition to the distance between the proposed kennel and adjacent residence, is substantial enough to satisfy requirement 5 of Section 72 -26 of the zoning ordinance. H. 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. The proposed use is a continuation and expansion of an existing "kennel" facility. B. 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 subject property is located in an Office and Institutional (O &I) zoning district. B. Kennel facilities are permitted by special use permit in Office and Institutional districts. C. The 2006 Joint CAMA Plan Update shows the land classification as Transition. STAFF COMMENTS The proposal meets the requirements of Section 72 -26 and is located within an area classified as transition according to the 2006 CAMA Land Use Plan. Staff feels the findings are positive; however, recommends the following conditions: S -605, 05/12 Page 2 Board of Commissioners Meeting 06/04/2012 14 -2 -2 (a) obtain a permit for an existing use of well with Environmental Health or connect to public water; and (b) dedicate a twenty (20) foot access easement on the subject property for future development of a multi -use path along Market Street, consistent with the Market Street Corridor Plan. 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. S -605, 05/12 Page 3 Board of Commissioners Meeting 06/04/2012 14 -2 -3 Case S -605 (05/12) Special Use Permit to establish a "Kennel" in an 0 &1 Zoning District Petition Summary Data 8001 Market Street Owner /Petitioner: Ginger Bruton on behalf of Judy M. Canady, Canady Revocable Living Trust Existing Land Use: 0 &1, Office and Institutional; vacant structure is currently on site Zoning History: Area 5 (July 6, 1971) Land Classification: Transition Water Type Available, but not used. Currently utilizing a 5/8" meter well Sewer Type: CFPUA Recreation Area Blair Elementary school Access & Traffic Volume: The ADT of Porters Neck Road, South of Market Street, has increased from 12 (2010) to 12,834(2011).The portion of Porters Neck Road fronting the subject property has a LOS of F, meaning the traffic counts exceed the capacity of the roadway. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Pages Creek; SA; HQW 303(d) Aquifer Recharge Area: A shallow water table and aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: The entire parcel is located with the Special Highway Overlay District (S.H.O.D.). The Conservation Overlay District classifies the property as Urban and Developed Land and Pocosin; however, the Pocosin is not accompanied by a Class IV soil and therefore not considered a conservation area. Soils: Leon Sand, Kureb Sand (1 -8% slopes), &Murville fine sand Septic Suitability: Leon sand and Murville fine sand are Class III soils. They have severe limitations and require extensive modification and intensive maintenance. Kureb Sand is a Class I soil. It is suitable with slight limitations. Schools: Blair Elementary School Board of Commissioners Meeting 06/04/2012 14 -3 -1 I/A C kA N TOM Coll SE I RI -Zl �4U 001 "AL 0 0 rf 0 -0 IOL C14 (D 4- (Y 1) "A-Am LO LO LO 0 LO � 4� � 4- 0 LO (1) LO — CO ❑ -0.- 0 M 0 (1) 4� m U 0- = 77 El Lo 4--J z, LO u 0 > 0 -i <M m 0 q-- N 0 -0 0 CD CD O:D 0) o 0 CL I/A C kA N TOM Coll SE I RI -Zl �4U 001 "AL 0 LO C%4 C14 LO LO LO U 0 LO LO 4� M 4� 4� 4� 0 LO 0 (1) LO — 0 0 (1) E "IN LO > < M ap 4-1 0 0 4� -0 0 :L2 CD CD co 0) o E 0 CL LO C%4 Market Street Corridor Stud . ....... . . . . . ... ...... . ... . ... . ... . ....... . ........ These improvements should-be coordinated with on cit count and MPO studies to ensure that [ �roper connections are provided to proposed I reenwa y s, bike paths, and nei routes. B �crovidin these essentia-I connections, vehicular f.,emands on Market Street can be reduced, reducin Lon and increasin pedestrian, c and motorist safet.,�.' 0 ssioners Meetin 6-48 |47| Conceptual renderin of B'sidewalk alon Market Street I� ' 7 ( 4 l( } S� i 1 sS 4� ��lyyyY 4 �4 �j P F, 4 1 1" b lt E ' r P �� Cc II i l k 4 h 1 � I t \ \\�:,,... 4���� lV }�,l" • �� rh krrl °hJ `1��t� ht4' �l4 \at l�� ISY�I l� \"57mA ! -�S' X , 18l,. l a` tYt Ja\cOS , »\ \' \ ���0Sts yyj � 1 i a wl' \ \\ \\\» o »msut»ANE, »l»1a » 1 Uua r t 1 ,t !t I 1 7� I' 0 »v. \ � a l � YcO a , o \t"'b v� t v� \ \� � ", �,u2 l �i1 031 \ \ a4t10 »t» \dg ",4t \\ I 't` 4 11 I i , ! t t ' t auY. aUlu�O\ OUSntt\ 0 tuo��tkl t \ \�� \ 1`\\, \\ }!�\S�S� �t 2Un,��,,e �i• s. v\i» 4 ,. �(� t {, (11 �a)\�P li d� , \ l� I � 12 !t l m \Us 1 r \ } \I C }1 w ,,t4 ta i \trsr 1c, r A ttt l y } 1 I I- 1 F �� `'Y \\ i t01rU»SYY:tIL \1111 \ \» \ \ » »\ \U?1 \\ "ol-tnalll n tt I 1,. ,d4 kt \c 4ttt` tb4S�1 t z G l t) �t 1St °\1\ �} } :.t „itt i Pl; If` 111 t Y7k»11t�i, ltU))1k, 4 i 00 Y » \\ ( s t { t, 111 g UJhu�f iio»u t1�, 1I4 r (ll; ��1Y1� { {, \) 1s 11100,0 : \ \l, ,14„ � W "tPka\a U S' { y 14 7S �, t s,4tS`ao »11 .k4� "t «ctytw', �, ' kkknixUt '2JUAit`iYlikit'i.��ll)t (, �� t4 I 4 , 1 c � c if Commissioners Meeting 06/04/2012 14 -8 -1 .\ wvom. iU\ j) `mmti\\\»4tmt�\D»ml»1. »\\vy} }t' s, ,,s S� t( 1 4 ( �it``ayz'c �'SUnat\ \1t�N'-'.'��1 fJ!{4.. ir \ u\ uw �m»lun,atas; �» nl» nlrn',`aliPaaadS4yP »s "i� amutros rf , »v\�a�om »iU}1\tmmx rr"f � tt��l�, nU w?1 mmmm » ,Vpv al011\ce -� � MM sm�1�1,a \1 i �14u ktU k U ° \% �ml I ulllrl It il'' 11r ,£ �S II `,,, Ill k 76 1� yl4 trna\ » \1» »v04i1)11o\\ \ »\\lur\\) is\r»»?vmrr i11» »rr»1>uulll»o,» »»a \ \ \ \ \ \ »o rsh »Ln» »\ 0.l »\Qi1 00% a » sn \ u 0 1 ,tik�d,ti111�1Yx” s � aititz.rtX�� �Y: lv }z Us3D} � \\�!! »n I ll {l�� »r4Ulrinu. lnS »; r ,l�sa\1 »4»1 I tca. ,,.pr} '�'S1`' ��vtq� »vllvy »vvvvv, »�fitivv, w , III \l \1 \r4� \0\ \�1 L\ k, rr» raucrrr»\»». m; 0i= rsao» ucau »t »\0 »»»o\ \\ui»ne\uv \\�,\\' \ »» �t W ow � \\ 1 \Y,l\U» \ \\ \ »i »4i\»hl,�l� l»cy111 \ » &Clt\» » \ » \lt Aim\nm»ye.a»�\ »\1»aas»»t, Sa\»\m»ll»»1»q»»»l `\'> t2ai05srs1 }4sg'aa � Yti1»\»»»»»»» \» »»»U»»1' 411 14, �3 \r Jcgc 1 �� trho ka�ft�1 \L`���� \ l4 ll",lk n \1 \1 s. { r 41���r 7 }\ \idtti f' tls sr X4 4 aUtu 111 � �t 1 � s � v y utiav ale L\L t6 au,+ atit`,. U,\ 1 `1 \'�\»\'1 »\ki..;d,;N \i»On�;�'� � 1�HC,,. n > ksluittt.,, \:�rtn & »r ttk'tU11U. tk,1\U" J 1 Q f U� M1 .,\\`.. \�\ � "a4 �t l i p \�,�aSS°� f i C kAlt�l6fi`m tl'Ut� ! i � V ,r �@ 04� IN top \ ? r 9 &4Y4' r }d ��"l�`' 230 Government Center Drive Suite 110 Wilmin NC 28403 910-798-7165 phone 910-798-7053 fax www.nhc PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential projects, pl also refer to the Hi Densit application and also note the proposal must be re iewed b tile Techm*cal Review V1 Committee pn"o'r to submission for consideration b the Plannin Board. A' A I One cop of current tax map 2 Narrative of proposed use 3 Adjacent propert owners and uses I I Traffic hnpact Anal ( if appl*cable 5 Site Plan (Ref Site Plan Checklist) and si site plan checklist fl; Authorit for appointment of a form. (The owner or an attome must handle the case, 7 Applicant answers to the q uestions on the application Note: Applicants should refer to Article 6 & 7 of the Zonin Ordinance for additional re for specific uses. The Plannin & Zonin Plannin Board, and/or Board of Count Commissioners reserve the ri to re additional 0 information if needed to assure that the use 'in its proposed location will be harmonious with the area and in accordance with the Zonin Ordinance of the Count of New Hanover. 0MIMM � MIN Board of Commissioners Meetin 06/04/2012 14-9-1 Board of Commissioners Meeting 06/04/2012 MO �� Board of Commissioners Meetin 06/04/2012 14-9-3 4-4 0 WE holm m j(7 nb . . ... . ... . CIO Board of Commissioners Meetin 06/04/2012 14-9-6 k, A . . ....... o ", F ORs "a' �m t'a 'moa -a" " " qp w at"( '# 'A p Un #% �"101 , I I 'p W S In. I 0 ', pit 0 ���t�t {t E i£ W. I � t� 1 5 tF The 0" oi V i Mem MW r5 . I t 44r ? a �{v4 Y�t4Jri �t a• i ��� 1l ' . . .. . ... ,44 ltill�..s, t r£ssfs oB,.i�,F�i„ ratya': =.a< '�t..p1t £ fr.(�ft�. „�ti 7)��t� }£t ": ?4E., nss$¢$rraa t�s) 3 a }�tf( {t' �`11},3ij 4Y411114�Srs ��1}P �t( �!7 �t2u E � �� 1112 ���� ���k} � "!! 4 1\11 ` ��� {. -. S�� Sf22 #t.S`: """it;� ..... . .. ` '� �4444!!k }33 # ##��?tF � �� jtl�(tr � �,. 4-"G !p M& U 1�1� I" I 'St ����" 4111 13} (�t2 t ,t } \s rlll�� � u � ��� ��� ��������` a, ��� �} �.t 4, � NttS�{{tr a r'! P I Z Jr ,l��f �ra�t��4 ��! �( � �t 6`E ns � ttt 4l� ( }t�` <�#�{� Ee 4}� C�� ��� }}I w M l -! r.. -, - , J> t r� 0 44, f { { }. 1�. 9� 12M . .. . .. .. 121 o f ` __ i.��t,ID }ph If ��Y, � � �i� i f��. �t�? � p• IS' IV i ; �� , 'A" lk' gp JS ..... ......... '�P/N%k ri��{� r 't��s �� �'� ti }���� ' r 5���}{{v- 1 � (�� i � ' SS} }`} . { ��3 1ti \ � `° y r i z • 15t�24U a\ r tY ( ) Plk, fl " S not ��) {��'t 2� � »ter= � �U ��� 0/141 1 1F til. 3. Hill 1 k% .......... WMI, �A, gg� s r §•t �� '. ?tt iRC ttP )lt'. Okla, % q " ' 10M r �e t -"0 ���} �� f112 ,S ` ! I��� 222���i rm t`���� �)1 � ?l { {tttt�.s� �i i � 4 1� At% ""Mmm ww—rrssv- S Board of Commissioners Meetin 411° s 06/04/2012 14-9-7 i8kuthorlt r AppoulIntment of A The undersi owner _I.V w wa - j Ca Y) aolL does hereb appoint as hi",s/her/its e/%Ik"Clusive a for the purpose of petitionin New Hanover Count for an amendinent to the te- xt re artd/or zonin map appli cable to the propert described in the attached petifion. 9 1. To submit a proper petition and the re supplemental materials. M 2. To appeal at public meetin to g ive representation and coi=*tinents on behalf of the owner. 3. To act on the owner's behalf Without limitations wl"th re to an and all, thin directl or I'ffidlrecfl� connected with or arisin out of an petition for an amendment applicable to the New Hanover Count Zonin Ordinance wider Article XI therein. This a a shall continue in e5ect w-itil written notice of n-.1.vocation b the owner 'is delivered to New Hanover Count �1-0 � 4;: f 00) 1 3 A Name, Address & Telephone n C I Si of Owner ( s ) 4) 9 Board of Commissioners Meetin 06/04/2012 14-9-8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Steve Still, Senior Zoning Compliance Officer; and Chris O'Keefe, Planning & Inspections Director (Planning Board Rep: Melissa Gott Johnson) CONTACT(S): Steve Still, Senior Zoning Compliance Officer; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Text Amendment (A -403, 05/12) - Request by Staff to Amend Section 61 of the County's Zoning Ordinance to Remove the Reference of Outdoor Bazaars from Table 61 -4 and Revise the Allowable Duration of Special Fund Raising Events for Non - Profit Organizations BRIEF SUMMARY: At their May 3, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of the amendment. No one from the public spoke in support or in opposition of the item. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. ACTION NEEDED (1) Approve as recommended; or (2) Approve with changes; or (3) Continue for further information; or (4) Deny the amendment. ATTACHMENTS: A -403 Script A -403 Amendment & Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 06/04/2012 15 -0 Approved 5 -0. Board of Commissioners Meeting 06/04/2012 15 -0 ITEM # 15 SCRIPT FOR TEXT AMENDMENT A -403, 05/12 REQUEST BY STAFF TO AMEND SECTION 61 OF THE COUNTY'S ZONING ORDINANCE TO REMOVE THE REFERENCE OF OUTDOOR BAZAARS FROM TABLE 61 -4 AND REVISE THE ALLOWABLE DURATION OF SPECIAL FUND RAISING FOR NON - PROFIT ORGANIZATIONS. CHAIRMAN We have before us a Text Amendment (A -402), Request by Staff to amend Section 62 -1 of the County's Zoning Ordinance to remove the noncontiguous lot reference. STAFF PRESENTATION AND OTHER DISCUSSION (You should allow proponents or opponents of the text amendment 15 minutes total to speak) Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 06/04/2012 15 -1 -1 AMENDMENT TO THE ZONING ORDINANCE CASE NUMBER: A-403,05/12 APPLICANT: STAFF As part of the County's ongoing ordinance improvement, staff proposes to amend section 61, Temporary Buildings, to clarify the intent of this section as well as some of the regulatory timelines. Section 61's title states Temporary Buildings but contains language that pertains to regulating temporary uses as well. Therefore, staff proposes to amend the title to reflect its intents and purposes. Also, staff proposes to clarify the time lines established in the table under section 61 -4. Currently, the section lists the duration and districts in which certain activities are permitted. However, the duration is not explicitly expressed in relative terms. For instance, Evangelistic and religious assemblies have a duration of 14 days. Currently, the ordinance is silent on whether this pertains to 14 days a year, quarter, month etc. Therefore, staff proposes this change to clarify and identify that the duration is per calendar year. Also, staff proposes to extend the duration for special fund raising for non- profit organizations. Staff has observed non - profit organizations which have seasonal and occasional events which surpass the current 3 day duration. Therefore, staff proposes to extend the duration for special fundraising for non - profit organizations to 45 days per calendar year. Staff also proposes to remove from the table the section pertaining to outdoor bazaars excluding yard sales. There has been uncertainty as to what this section would cover, and currently staff cannot ascertain a use for the classification. Recently, an applicant attempted to use this classification for a farmers market, which now has a dedicated section. Staff feels that there is no need for the classification and that other temporary uses should be covered under the other existing classifications. The planning board, at their May 3rd meeting, approved the item as requested 5 -0. Section 61: Temporary Use / Building In any zoning district temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located A -403, 05/12 Page 1 Board of Commissioners Meeting 06/04/2012 15 -2 -1 on said tract prior to and may remain thereof during the construction or development period. 61 -1: Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development, after voluntary suspension of work on the project or development, after revocation or expiration of building permit or an order by the Building Inspector upon a finding that said temporary structure is deemed hazardous to the public health and welfare. Such temporary buildings or trailers may not be used as a dwelling unit. (8/7/89) 61 -2: Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building provided that said offices are closed and the operation discontinued and all temporary structures and facilities are removed from the tract upon the completion of the sale, rent or lease of ninety -five (95) percent of the dwelling units or lot of said tract. 61 -3: No temporary buildings or trailers shall at any time be located closer than twenty -five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located. (9/7/76) 61 -4: Temporary Uses and Activities Not Elsewhere Classified -Other temporary activities as noted in the table below shall be permitted subject to the table of permitted uses and a provision of adequate sanitation facilities pursuant to Health Department regulations as applicable and the requirements of the Table. (7/6/92) 61 -4.1: Process for establishing Temporary Use /Building — Approval for temporary use /building shall follow procedures for establishing a zoning permit. Annually, applicants shall submit a zoning permit application accompanied by a site plan and include all pertinent information for the operation of the temporary use /building. Parking shall be in accordance with Article VIII of the zoning ordinance. A -403, 05/12 Page 2 Board of Commissioners Meeting 06/04/2012 15 -2 -2 61 -5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts - Open lot sales of farm produce and related products may be allowed by right as a temporary use in all residential zoning districts when all of the following standards are met: (1) Sales are limited to a cumulative total of no more than 60 days per calendar year. (2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible products for temporary farmers markets or produce stands are fruits, vegetables, herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture, and all other federal, state and local laws relating to the production and selling of such goods. A minimum of 75% of the products displayed and offered for sale must be directly linked to farm products, and documentation of how these standards will be met shall be specified on the submission for zoning approval. (3) The proposed time schedule and duration of the use must be specified on the submission for zoning approval. (4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers markets. (5) The site shall front on a collector or arterial roadway. (6) Approved NCDOT driveway permit is required. (7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety and minimize traffic impacts on surrounding areas. A -403, 05/12 Page 3 Board of Commissioners Meeting 06/04/2012 15 -2 -3 DURATION PER USE PERMITTED DISTRICTS CAL E N DAR YEAR (li itci ��r� ovnli ir^lir�rr vzr_� _._.. =--= �__. %Acdg %2 nPus f 16-W %-%. 11 Ci 0trint-Q I -- Lrr - arses - r�� Christmas tree sales All Commercial, Office, & 45 Days and pumpkin sales 6/93 Industrial Districts Special fund raising for 45 Days All Districts non - profit organizations Evangelistic and religious assemblies not conducted 14 Days All districts at a church 61 -5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts - Open lot sales of farm produce and related products may be allowed by right as a temporary use in all residential zoning districts when all of the following standards are met: (1) Sales are limited to a cumulative total of no more than 60 days per calendar year. (2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible products for temporary farmers markets or produce stands are fruits, vegetables, herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture, and all other federal, state and local laws relating to the production and selling of such goods. A minimum of 75% of the products displayed and offered for sale must be directly linked to farm products, and documentation of how these standards will be met shall be specified on the submission for zoning approval. (3) The proposed time schedule and duration of the use must be specified on the submission for zoning approval. (4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers markets. (5) The site shall front on a collector or arterial roadway. (6) Approved NCDOT driveway permit is required. (7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety and minimize traffic impacts on surrounding areas. A -403, 05/12 Page 3 Board of Commissioners Meeting 06/04/2012 15 -2 -3 (8) Adequate solid waste disposal methods must be provided for vendors and customers (9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2) temporary signs shall be allowed on site to advertise for the market as a whole. a. Temporary signage consistent with the permit may be installed no more than 2 days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area. All permitted signs shall have a maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line. c. Illumination of signage is prohibited. A -403, 05/12 (10) Parking Requirements a. One (1) parking space is required for every eight hundred square feet (800) of gross market area. Except that a minimum of two spaces is required. Spaces shall meet the minimum size requirements as identified in New Hanover County Zoning Ordinance, Section 80 -6: Off - Street Parking Design and Space Size. b. Parking shall be provide on the same site as the Farmers Market or produce stand, or may be located off site provided that it is within four hundred (400) feet of the main entrance of the market. If parking is provided off of the primary parcel then a written parking agreement between the responsible party and the parcel owner shall be provided prior to the issuance of any permit. Adequate and safe ingress and egress shall be provided by the Farmers Market Management or the property owner. c. All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as, but not limited to landscape parking islands, medians, or open /passive recreation space. (11) A site layout showing the proposed marketing area (vendor spaces, staging, sales and display areas, and customer promenades), parking, traffic circulation, lighting, waste disposal method, signage and other site amenities must be submitted for approval. (12) Tents or other shelters must meet fire safety codes and shall be disassembled aftermarket hours of operation. Tents shall be located so Page 4 Board of Commissioners Meeting 06/04/2012 15 -2 -4 that they will not interfere with the normal operations of any permanent use on the property. (13) The proposed location may not be part of designated recreation, open space or common area in an approved residential subdivision. (14) Restroom facilities for the public may be required for compliance with NC Building Code. (15) If structures are proposed or required, the plan shall be reviewed for compliance with the Americans with Disabilities Act and other building codes. (16) Live animals or birds shall not be sold or displayed. (17) No bands, amplified music or other entertainment shall be allowed. (18) No concessions for consumption on site and no cooking of products shall be allowed on the site. (19) No alcohol products shall be allowed. (20) Any proposal for a permanent farmers market or produce stand, and any temporary farmers market or produce stand proposing to exceed the standards or limitations outlined in this section may be allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this ordinance.(12 /10/10) ACTION NEEDED: (1) Approve as recommended; or (2) Approve with changes; or (3) Continue for further information; or (4) Deny the amendment. A -403, 05/12 Page 5 Board of Commissioners Meeting 06/04/2012 15 -2 -5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 4, 2012 REGULAR ITEM: 16 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall, Fire Chief and Matt Davis, Deputy Fire Chief /Fire Marshall SUBJECT: Presentation of Results of Fire Services Fire District Rating Process Announced by the North Carolina Department of Insurance on March 16, 2012 BRIEF SUMMARY: On November 7, 2011, one year beyond consolidating the remaining five insurance districts of New Hanover County, the North Carolina Department of Insurance conducted an in -depth insurance survey for the Northern and Southern response areas of the unincorporated areas of New Hanover County. On March 16, 2012 the New Hanover County Fire insurance districts will receive a rating of four for all areas except a small area located off of Sidbury Road. The Fire Department wishes to conduct a formal presentation to the Board that explains the rating process, its applicability, and the follow -up improvement statements issued as a result of the inspection. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. A mm A 9__1uA41UXT9rc. Presentation Improvements Statement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. 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Board of Commissioners Meetin 06/04/2012 16-1-10 ¢ 1 f} y � k>� s Board of Commissioners Meeting 06/04/2012 16 -1 -11 PUBLIC PROTECTION CLASSIFICATION IMPROVEMENT STATEMENTS FOR F New Hanover FD New Hanover County, NC Prepared by Office of State Fire Marshal 1202 Mail Service Center 800- 634 -7854 The following statements are based upon the criteria contained in our Fire Suppression Rating Schedule and upon conditions in New Hanover FD, NC during November, 2011. They indicate the performance needed to receive full credit for the specific item in the Schedule, and the quantity you have provided. Partial improvement will result in receiving a partial increase in the credit. These statements relate only to the fire insurance classification of your fire district. They are not for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations are made. Board of Commissioners Meeting 06/04/2012 16-2-1 NC Office of State Fire Marshal i� ��� s .r . •1 RECEIVING AND HANDLING FIRE ALARMS Credit For Telephone Service (Item 414). Actual = 2.00 %; Maximum = 2.00% Credit For Operators (Item 422). A ctual = 3.00 %; Maximum = 3.00% Credit For Dispatch Circuits (Item 432). Actual = 3.50 %; Maximum = 5.00% *' For maximum credit in the Schedule, both alarm dispatch circuits should have an emergency power supply in accordance with National Fire Protection Association Standard, 1221. Total credit for Receiving and Handling Fire Alarms (Item 440) Actual= 8.50 %; Maximum= 10.00% a� J f ., '� • 7 r Board of Commissioners Meeting 06/04/2012 16-2-2 NC Office of State Fire Marshal FIRE DEPARTMENT Credit For Engine Companies (Item 513). Actual= 9.48 %; Maximum — 10.00% For maximum credit in the Schedule, 15 engine companies are needed in your fire district. These are calculated as follows: 3 for the Basic Fire Flow of 3500 gpm. 5 additional for the method of operation. Additionally, to improve the Credit for Distribution of Companies (see Item 561), 7 additional engine company locations are needed for your fire district. You have 15 engine companies in service. These are calculated as follows: 96 percent for Engine E -11. because of insufficient equipment. Additionally Engine E -11 is lacking: an adequate pump testing program. 100 percent for Engine E /S --12. Additionally Engine E /S -12 is lacking: . 97 percent fc% Engin F -1 11 ecausP of ins e L� V ll, iV■ it l;jy A I &., %t" UV V 111aA A4/jjL. `/ jjjvjj Additionally Engine E -13 is lacking: an adequate pump testing program. Board of Commissioners Meeting 06/04/2012 16 NC Office of State Fire Marshal 81 percent for Engine E -R2 because of insufficient equipment. Additionally Engine E -R2 is lacking: a minimum of 1200' of hose carried (of which 800' needs to be 2%2 in. or larger), an adequate pump testing program. 82 percent for Engine E -R3 because of insufficient equipment. Additionally Engine E -R3 is lacking: a minimum of 1200' of hose carried (of which 800' needs to be 2'/2 in. or larger), an adequate pump testing program. 99 percent for Engine E -14 because of insufficient equipment. Additionally Engine E -14 is kicking: . 99 percent for Engine E /L -14R because of insufficient equipment. Additionally Engine E /L-14R is lacking: . 99 percent for Engine E -16 because of insufficient equipment. Additionally Engine E -16 is lacking: . 90 percent for Engine E -R 1 because of insufficient equipment. Additionally Engine E -R1 is lacking: an adequate pump testing program. 98 percent for Engine E -16R because of insufficient equipment. Additionally Engine E -16R is lacking: . 91 percent for Engine E -17 because of insufficient equipment. Additionally Engine E--17 is lacking: an adequate pump testing program. Board of Commissioners Meeting 06/04/2012 16 -2 -4 r NC Office of State Fire Marshal 99 percent for Engine E -17R because of insufficient equipment. Additionally Engine E -17R is lacking: . 100 percent for Engine E -18. Additionally Engine E -18 is lacking: . 92 percent for Engine E -19 because of insufficient equipment. Additionally Engine E -19 is lacking: an adequate pump testing program. 98 percent for Engine E -19R because of insufficient equipment. Additionally Engine E -19R is lacking: an adequate pump testing program. Credit For Reserve Pumpers (Item 523). Actual = 0.81 %; Maximum = 1 .00% For maximum credit in the Schedule, 2 fully- equipped reserve pumpers are needed. You have 0 reserve pumpers. These are calculated as follows: Credit For Pump Capacity (Item 532). A — c »�ma�m - 'z n00� ri4+LllU1 J . nnoi . � � VV / V IviaA.1111U111 J .V /U For maximum credit in the Schedule, at least 3500 gpm in fire department pump capacity is needed. You have 23000 gpm in creditable pump capacity. This is calculated as follows: 21500 gpm in service and reserve = 21500 gpm 3000 gpm X 50% for other apparatus = 1500 gpm Total = 23000 gpm Board of Commissioners Meeting 06/04/2012 16-2-5 NC Office of State Fire Marshal 'e Credit For Ladder And Service Companies (Item 549 ). Actual = 2.48 %; Maximum = 5.00% For maximum credit in the Schedule, 6 ladder companies and 2 service companies are needed in yo These are calculated as follows: 6 ladder companies and 2 service companies due to method of operation. You have 6 ladder companies and 2 service companies These are calculated as follows: 97 percent for Service 5 -11 because of insufficient equipment. *30 percent for Engine - Service E/5 -12 because of insufficient equipment. 22 percent for Ladder L -13 because of insufficient equipment, insufficient aerial device testing and insufficient aerial device length. *10 percent for Engine- Ladder E /L --14R because of insufficient equipment, insufficient aerial device testing and insufficient aerial device length. 38 percent for Ladder L -R4 because of insufficient equipment, insufficient aerial device testing and insufficient aerial device length. 96 percent for Ladder L -17 because of insufficient equipment. 42 percent for Ladder L -18 because of insufficient equipment, insufficient aerial device testing and in si � ffici ent aery a l device length. 92 percent for Ladder L -19 because of insufficient equipment. *Limited to 50% credit maximum by Fire Suppression Rating Schedule due to dual operations. The percentage shown has been adjusted to reflect this limitation. For maximum credit in the Schedule, a ladder company should respond on first alarms for fires in buildings. The credit for ladder service has been reduced by 5 percent due to the lack of adequate response to part of the fire district. .. 'e Board of Commissioners Meeting , 06/04/2012 . 16-2-6 NC Office of State Fire Marshal Credit For Reserve Ladder And Service Companies (Item 553). Actual = 0.38%; Maximum = 1.00% For maximum credit in the Schedule, 1 fully- equipped reserve ladder truck is needed. You have 0 reserve ladder trucks. These are calculated as follows: Credit For Distribution (Item 561). Actual = 1.42 %; Maximum = 4.00% For maximum credit in the Schedule, all sections of the fire district should be within 1'/2 miles of a fully -- equipped engine company and 2 %2 miles of a fully- equipped ladder, service, engine - ladder or engine- service company. The distance to be measured along all- weather roads. Credit For Company Personnel (Item 571). 0 ' J�' X t Actual = 2.37 %; Maximum = 15.00% An increase in the on --duty company personnel by one person will increase the fire department credit by 0.11 and an increase in the average response by other fire department members by one person will increase the fire department credit by 0.04. Credit For Training (Item 581). 9 J I • av�i.iwa W.3 0 0 ,' 1, 0; �•�µ�i�iiu - i ` For maximum credit in the Schedule, the training program should be improved. You received 70 percent credit for the current training program and the use of facilities. For maximum credit in the Schedule, pre -fire planning inspections of each commercial, industrial, institutional and other similar -type building should be made twice a year by company members. Records of the inspections should include complete and up -to -date notes and sketches. Total credit for Fire Department (Item 590) Actual = 28.24 %; Maximum = 50.00% Board of Commissioners Meeting 06/04/2012 16 -2 -7 NC Office of State Fire 'fMarkhal I WATER SUPPLY Credit For Supply System (Item 616). Actual = 19.36 %; Maximum = 35.40% For maximum credit in the Schedule, the needed fire flows should be available at each location in the fire district. Needed fire flows of 2500 gpm and less should be available for 2 hours, 3000 and 3500 gpm for 3 hours and all others for 4 hours. See the attached table for an evaluation of fire flow tests made at representative locations in your fire district. All AWWA standard hydrants within 1000 feet of a building, measured as hose can be laid by apparatus, are credited; 1000 gpm for hydrants within 300 feet; 674 gpm for 301 to 600 feet; and 250 gpm for 601 to 1 000 feet. Credit is reduced when hydrants lack a pumper outlet, and is further reduced when they have only a single 2'/2 -inch outlet. Credit For Hydrants (Item 621). Actual = 1.92%; Maximum = 2.00% =' V � -:: ,•_ For maximum credit in the Schedule, all hydrants should: have a uniform size operating nut and operate in a uniform direction. Credit For Inspection and Condition of Hydrants (Item 631). Actual = 2.90 %; Maximum = 3.00% � For maximum credit in the Schedule, all hydrants should be inspected twice a year, the inspection should include operation and a test at domestic pressure. Records should be kept of the inspections. Hydrants should be conspicuous, well located for use by a pumper, and in good condition. Total credit for water Supply (Item 640) Actual = 24.18%; Maximum = 40.00% Board of Commissioners Meeting 06/04/2012 16 -2 -8 NC Office of State Fire " '