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Agenda 2015 08-17
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Human Resources Training Rooms, Government Center 230 Government Center Drive, Suite 135 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN - BETH DAWSON, VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD AUGUST 17, 2015 4:00 PM MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Rev. Dr. Clifford D. Barnett, Sr., Warner Temple A.M.E. Zion Church) PLEDGE OF ALLEGIANCE (Vice- Chairman Beth Dawson) APPROVAL OF CONSENT AGENDA Board of Commissioners - August 17, 2015 CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Appointment of DSS Director Michelle Winstead to Eastern Carolina Human Services Agency, Inc. Board 4. Adoption of a Resolution to Adopt the Cape Fear Transportation 2040 Plan 5. Sanders Settlement 6. Approval for New Hanover County to Act as the Applicant Agency for Coastal Horizons Center, Inc. to Accept Grant Funding from the Juvenile Crime Prevention Council of North Carolina 7. Adoption of a Resolution to Dispose of Surplus Property Specific to Fire Services and Wave Transit According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 8. Approval to Purchase a Replacement Fire Pumper in the Amount of $594,022 from Atlantic Emergency Solutions and to Sell a 2005 E- One Fire Engine as Approved in the FY15 -16 Budget 9. Adoption of Resolution for Naming of New Museum Park, Formerly Outdoor Learning Environment 10. Approval of Four Donations for Accession into the Museum's Permanent Collection 11. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books 12. Adoption of a Resolution Authorizing the Donation of a Surplus 2004 Ford Expedition to Fort Fisher 13. Approval of May 2015 Tax Collection Reports ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS Board of Commissioners - August 17, 2015 MINUTES 5 14. Consideration of a Resolution Recognizing Foster Norman for Thirty - Nine Years of Public Service 5 15. Consideration of Prostate Cancer Awareness Month Proclamation 5 16. Consideration of National Ovarian Cancer Awareness Month Proclamation 15 17. Presentation of Service Awards and Introduction of New Employees 5 18. Presentation of Certificate of Achievement for Excellence in Financial Reporting 10 19. The Blue Ribbon Commission on the Prevention of Youth Violence Update 10 20. New Hanover County Juvenile Crime Prevention Council Annual Update 10 21. Cape Fear Museum Advisory Board Annual Update 5 22. Consideration of Amendment 2 to the Interlocal Agreement between New Hanover County and the Cape Fear Public Utility Authority Regarding Marquis Hills and Heritage Park Sewer Extension Projects 10 23. Presentation of Plans for the Renovation of the Library Park Adjacent to the Main Library 40 24. Public Hearing Zoning Ordinance Text Amendment (A -421, 4/15) - Request by Greg Heafner on Behalf of Oxford House, Inc. to Amend Section 23, Definitions, to Define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to Permit the Use By -Right in the PD, R -20S, R -20, R -15, R -10, R -7, AR, and RA Zoning Districts 40 25. Public Hearing Rezoning Request (Z -942, 7/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Krueger Family Trust, Property Owner, and Stephen Fasul, Contract Purchaser, to Rezone 3.15 Acres Located at 7755 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District, to Develop a Mini - Warehouse Use 40 26. Public Hearing New Hanover County Comprehensive Plan - Planning Staff will Present Chapter 3. Framing the Policy of the Comprehensive Land Use Plan 5 27. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 28. Additional Items County Manager County Commissioners Clerk to the Board County Attorney Board of Commissioners - August 17, 2015 29. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 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 Board of Commissioners - August 17, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on July 20, 2015 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 - August 17, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following road as the road meets the standards and criteria established by the State and County and requesting the Board to adopt a resolution in support of adding the road to the state system: Porters Crossing Way located within Porters Crossing Subdivision in New Hanover County (Division File No. 1218 -N). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 Resolution. ATTACHMENTS: NHC Map NCDOT Request Letter and Maps SR -2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 2 RECEIVED 1191 ,mtt NNC 80CC STATE OF NORTH CAROLINA DEPARTNMNT OF TRANSPORTATION PAT MCCRORY ANTHONY J. TATA GOVERNOR SECRETARY July 15, 2015 Teresa Elmore, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Addition to the State System of Highways; Porters Crossing Way (Div. File No: 1218 -N) Dear Ms. Elmore, This office is considering adding Porters Crossing Way to the North Carolina Department of Transportation state highway maintenance system. The requested roadway is located within the Porters Crossing subdivision in New Hanover County. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Sincerely, Anthony W. Law District Engineer AWL Jdd Attachments: Copy of SR -1 Road Petition request form and locator map District Office 300 Diviftpj.o�I ft*,%M�e?gIOA M 2? ?f51 -k?g Fax(910)251-2759 ITEM: 2 - 2 - 1 3Eza9 o.n° ; I I 1 I f f I r 1 � 1 Porters Neck Road ed 8 93vd36' E 19°.95 I � I I I XfIG9 um I f F] i f � I fig$ ¢S 6 0 :9 ,aN =oo HY P $S a� a chi aim -a 1 I 1 1 H r I I I I I 1 i 0 t �• i I'G — — — ! f f L dl1 p I ------------ 3 �[ 1 1 � jff X •BYD': 1' v 150. I l7 f � S 3 it 5 ]61V)7 E 190.56' i § F 3a I I r r _�. -------------------------------------------- Porters Neck Road ed 8 93vd36' E 19°.95 ^�` I I XfIG9 um g� 9 i ¢S 6 0 :9 ,aN =oo HY P $S a� a chi aim -a U)Q m H r A i 0 t �• i I'G _ L dl1 p 3 �[ X •BYD': 1' v 150. I l7 f � S 3 it 5 ]61V)7 E 190.56' i § F -------------------------------------------- Porters Neck Road ed 8 93vd36' E 19°.95 ^�` I I XfIG9 um g� 9 i HY ns- _tMe _ _t_.f _ _ --- I g i p^ Bil §E�E I A i 0 t �• i I'G _ 3 �[ X •BYD': 1' v 150. I l7 f � S 3 it 5 ]61V)7 E 190.56' i I I I _�. - - - -- s" k u'�47Y W lF].a1' `1 � � �' �1 a n' o•]°' E 110.15 � vl I I I I I X MY6'36- w 1 mw i I S /6'M'N' E 19396' 3 x 45'9x96- w 16&15 r d r ! s svo']r E ]6a.5r I � u�g } I x 93'9596' w 197.SY 1 ai � I s 96'16'!6' E 9].SY i s � .g a 3 His, T x � /l eif 0.14; lg 5 a �6 �\ g ? a gis ♦ � 1 l d �d ifs � 9Fc� irF g5: gt$�e5 :1 a�� SE��.-.vd 6a S� r Asa =_ �s� E s s iga all' '2 F a 6 8 � Ys e� Y V S ITEM: 2 - 2 - 2 I eo S I I >ary ed 8 93vd36' E 19°.95 ^�` 9 XfIG9 um g� 9 i HY 4 ITEM: 2 - 2 - 2 I eo S I g� 9 HY Ct is SO 2a£ 5. A - — — — — — -- — — — k w� A 1 p ' s I I 111Z. ' x W49'3Y W 112]e• 1 y. P... ITEM: 2 - 2 - 3 a ,y!; 4 I I I Laura Drive N u"69a' n ixeY 9551 W Y n'9d3f W 196.6e � I i G o ,� i ' N 9evdJY W ]99.Ar LLLa q „x I s I JAN 2. b � I I I I I I N K �D'39• p 19162 1 ` E $ - ' X90'20• W N�.l "' o o I 9• W tY6.36' _ xuw 1wE I N - I 5 �9'9dW E late' xmcx WE 1 Q I !y I i I _ E- - — — — — — -- — — — k w� A 1 p ' s I I 111Z. ' x W49'3Y W 112]e• 1 y. - August 17, 2015 ITEM: 2 - 2 - 3 a ,y!; 4 I I I Laura Drive N u"69a' n ixeY 9551 N n'9d3f W 196.6e � I i ,� i ' N 9evdJY W ]99.Ar '1 -J {'I 9 I I s I I I � I I I I I I N K �D'39• p 19162 1 ` E $ - X90'20• W N�.l "' .-'r+ I 5 NYd]5" E 1ffi.ST I I w 99.9dw w IMIV I I I _ I ' �.r w i o f I •% { f o e s (9991 ■ �s99L6 k .7 I I 211✓1 „RPU O4 I u s s R W{Li0 w *iJ�x317R �' I I �' r � I I 1 fl 1 ru s,9Yd59 C 1W71' i1g °2 1 i I I I ,+ t i - i`-'---- -- --- -x 404OW W 2e19S-- - -- -- ! -lX3, x9E I I I s I I ' x W49'3Y W 112]e• 1 y. - August 17, 2015 ITEM: 2 - 2 - 3 a ,y!; 4 I I I Laura Drive 9551 N n'9d3f W 196.6e � I i I I I I i €8 I ' N 9evdJY W ]99.Ar '1 -J {'I 9 I I s I I I � I I I I I I N K �D'39• p 19162 1 ` 1 I I w 99.9dw w IMIV I I I _ I ' sn - jII f (9991 ■ �s99L6 k 211✓1 „RPU O4 I W{Li0 w *iJ�x317R �' ------------------- I � I 1 S � +I fl 1 ru °2 1 M �a s s .3° �x ms 9.� .Y y �a I, I ICY 3 I I I I ,+ t i - i`-'---- -- --- -x 404OW W 2e19S-- - -- -- ! -lX3, x9E I I I s I I I 4 a - August 17, 2015 ITEM: 2 - 2 - 3 a I I 4 I I I Laura Drive --- - - - - - --- I i � I i I I I I i €8 I 9 I I s I I I � I I I I I 6 s if a s 4 g 1i 94 cA A a E ,+ t i - i`-'---- -- --- -x 404OW W 2e19S-- - -- -- ! -lX3, x9E 11 ' Board of Commissioners - August 17, 2015 ITEM: 2 - 2 - 3 6 s if a s 4 g 1i 94 cA A a E li 6� is - sx� .1 r r r r r r 1 3 l � 5 r � r 1 r r r r r r r r r r r r r r r i i a I--------------- -- - - - - -` I 5� I I r I -1-- �yFPr - I rr tif'a�l--rr-- - - -- x J I - -- j ,svl r r a I yv U, Gar'' saoa �� r r r r r r r r r r r r i i a I--------------- -- - - - - -` I 5� I I r I -1-- �yFPr - I rr tif'a�l--rr-- - - -- x J I - -- j ,svl r r a I r s r r 9 / / / / a .9 ES s Board of Commissioners - August 17, 2015 ITEM: 2 - 2 - 4 I I I t I s S F f '6 i 3 a CV l� yv U, Mme 1� - - -- —4 -- m? --- i aU qm;° - -� •"1 ( I r s r r 9 / / / / a .9 ES s Board of Commissioners - August 17, 2015 ITEM: 2 - 2 - 4 I I I t I s S F f '6 i 3 a CV l� 1� - - -- —4 -- m? --- i --- -- - - -� •"1 ( I r s r r 9 / / / / a .9 ES s Board of Commissioners - August 17, 2015 ITEM: 2 - 2 - 4 I I I t I s S F f '6 i 3 a CV l� �' Fvtt�i Board of Commissioners - August 17, 2015 ITEM: 2 - 2 - 5 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Porters Crossing Way located within Porters Crossing Subdivision in New Hanover County (Division File No. 1218 -N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division ofHighways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the roads) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 17th day of Au ust, 2015. WITNESS my hand and official seal this the 17th day of Au ust, 2015. Teresa P. Elmore, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - August 17, 2015 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore, Clerk to the Board and Daphany Hill, Eastern Carolina Human Services Agency, Inc. Executive Director SUBJECT: Appointment of DSS Director Michelle Winstead to Eastern Carolina Human Services Agency, Inc. Board BRIEF SUMMARY: Eastern Carolina Human Services Agency, Inc. administers the Community Services Block Grant Program to provide services to low- income families in New Hanover, Onslow, Duplin, and Pender counties and receives funding by the State. Due to the grant requirements, three members from New Hanover County serve on its board. Members are selected to represent the low- income, private and public sector. The Agency is requesting the Board appoint one member who has an interest in advocating for low- income families. It is recommended that DSS Director Michelle Winstead be appointed to this board to replace the prior DSS Director who served on this board as the DSS works with most of the clients that may be assisted by this agency. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointment. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: County Manager PRESENTER(S): Howard Loving, CAC Chairman and Suraiya Rashid, Wilmington MPO Senior Transportation Planner CONTACT(S): Chris Coudriet, County Manager and Chris O'Keefe, Planning & Inspections Director SUBJECT: Adoption of a Resolution to Adopt the Cape Fear Transportation 2040 Plan BRIEF SUMMARY: Howard Loving, Wilmington Urban Area Metropolitan Planning Organization's (WMPO) Citizen Advisory Committee (CAC) Chairman, and Suraiya Rashid, WMPO Senior Transportation Planner will provide an update on the Plan at the Board of Commissioners Agenda Review on August 13, 2015 at 4pm at the government center. The Plan must be updated every five years. The Citizen Advisory Committee requests adoption of the Plan by the WMPO's local member jurisdictions. Chairman Barfield and Commissioner Watkins sit on the WMPO. The Executive Summary for Cape Fear Transportation 2040 is attached and the plan may be found in its entirety at: http:// transportation204O .org /PDFs /CFT2040 072215.pdf The tentative schedule for adoption of Cape Fear Transportation 2040 is as follows: • Town of Wrightsville Beach - August 13 • City of Wilmington - September 1 • Town of Carolina Beach - September 8 • Town of Kure Beach - September 15 STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Collaborate on regional planning RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Cape Fear Transportation 2040 Plan Resolution Cape Fear Transportation 2040 Plan Executive Summary Board of Commissioners - August 17, 2015 ITEM: 4 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING THE CAPE FEAR TRANSPORTATION2040 PLAN WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization (Wilmington MPO) provides transportation planning services for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County, Brunswick County, Pender County, Cape Fear Public Transportation Authority, and the N.C. Board of Transportation; and WHEREAS; the Wilmington MPO is federally required to update the metropolitan transportation plan (MTP) every five years; and WHEREAS, the Wilmington MPO began development of the Cape Fear Transportation 2040 plan in 2013 to satisfy the requirements of the Moving Ahead for Progress in the 21" Century Act (MAP -21) as well as other federal, state and local laws for a continuing, cooperative and comprehensive transportation planning process; and WHEREAS, the Cape Fear Transportation 2040 plan is a product of a multi - modal, 3 -C transportation planning process, compatible with the Wilmington MPO's long range vision; and WHEREAS, the Cape Fear Transportation 2040 plan is fiscally constrained; and WHEREAS, the Cape Fear Transportation 2040 plan was developed by the Wilmington MPO's Citizen Advisory Committee in coordination with the Technical Coordinating Committee and the Transportation Advisory Committee, local elected and appointed officials, local municipal and county staff, service organizations, and the general public; and WHEREAS, public comments were solicited at regular intervals during the planning process and a 30 -day public comment period was held to receive comments on the plan; and WHEREAS, the Wilmington MPO's Transportation Advisory Committee requests adoption of the Cape Fear Transportation 2040 Plan by the MPO's local member juri sdictions. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby adopts the Cape Fear Transportation 2040 plan. ADOPTED this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 4 - 1 - 1 Cape Fear TRANSPORTATION 2040 . ■ ■ . ■ A Metropolitan Transportation Plan Board of Commissioners - August 17, 2015 ITEM: 4 - 2 - 2 Cape Fear Transportation 2040 ACKNOWLEDGEMENTS Cape Fear Transportation 2040 was created as the metropolitan transportation plan for the Wilmington Urban Area Metropolitan Planning Organization (WMPO) planning area. In addition to WMPO Staff members, many people were directly involved in the creation of this document. The policymaking board of the WMPO, the Transportation Advisory Committee, appointed a Citizens Advisory Committee to guide the development of this plan. Transportation Advisory Committee • Laura Padgett, City of Wilmington, Chair • Pat Batleman, Town of Leland, Vice -Chair • Jonathan Barfield, New Hanover County • Joe Breault, Town of Belville • Gary Doetsch, Town of Carolina Beach • Dean Lambeth, Town of Kure Beach • John Lennon, North Carolina Board of Transportation • Hank Miller, Town of Wrightsville Beach • David Piepmeyer, Pender County • Earl Sheridan, City of Wilmington • Skip Watkins, New Hanover County • Frank Williams, Brunswick County • Eulis Willis, Town of Navassa Citizens Advisory Committee The Citizens Advisory Committee for Cape Fear Transportation 2040 was composed of a dedicated group of appointed citizens serving in a volunteer capacity. Because of their work and dedication to public outreach, this plan represents the input of thousands of citizens from the greater Wilmington region. • Howard Loving, North Carolina Board of Transportation, Chair • Howard Capps, Cape Fear Public Transportation Authority • Eric Coffey, New Hanover County • Scott Cromartie, City of Wilmington • John Ellen, Town of Kure Beach • Al Freimark, Pender County • David Hollis, Brunswick County • John Melia, City of Wilmington • Ernest Mooring, Town of Navassa • Terry Obrock, Town of Navassa • Jim Smith, Town of Wrightsville Beach • Stuart Smith, Town of Belville • Steve Stanton, Town of Carolina Beach • Earnest Mooring, Town of Navassa Consultants • Klmley Horn and Associates, Inc. Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 3 Cape Fear Transportation 2040 TABLE OF CONTENTS Executive Summary Introduction 1 Greater Wilmington Area Profile Public Involvement Element 17 FinancialAnalysis Element .................................................................................................................................................. .............................31 Aviation Element 47 Bicycleand Pedestrian Element ............................................................................................................................ .............................55 Ferry and Water Transportation Element Freight/Rail Element ............................................................................................................................................................................... .............................s3 MassTransportation Element ........................................................................................................................................ .............................97 RoadwayElement ...................................................................................................................................................................................... ..............................1 13 Transportation Demand ManagementElement ...................................................................................................................................... ............................... ............................127 Transportation Systems ManagementElement ...................................................................................................................................... ............................... ............................147 Environmental Analysis Element ....................................................................................... ............................... ............................155 Appendix................................................................................................................................................................................................... ............................... ............................183 Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 4 Board of Commissioners - August 17, 2015 ITEM: 4 - 2 - 5 Cape Fear EXECUTIVE SUMMARY Transportation 2040 EXECUTIVE SUMMARY Cape Fear Transportation 2040 is the metropolitan transportation plan for the Wilmington Urban Area in southeatern North Carolina. It has been prepared by the Wilmington Urban Area Metropolitan Planning Organization (WMPO), which is the local organization responsible for regional transportation planning. Federal law requires the preparation of this plan, and also specifies issues which the plan must consider and address. This executive summary overviews the contents of the plan. Role of the WMPO Federally- designated metropolitan planning organizations (MPOs) are local transportation planning agencies that are responsible for conducting regional transportation planning in a continuing, cooperative, and comprehensive manner. The WMPO is the MPO designated by the Federal Highway Administration (FHWA) for the Greater Wilmington Area to include a planning area boundary encompassing all of New Hanover County and portions of Brunswick and Pender Counties. The North Carolina Department of Transportation (NCDOT) and Cape Fear Public Transportation Authority are also part of the MPO. Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 6 Cape Fear Transportation 2040 EXECUTIVE SUMMARY Wilmington MPO Planning Area Boundary _ m `r N° \ \J= hete�Pd F Factors J Cedar NlllRd NE a ^d, Nayassa a`so„41 R'F Old Rd NE � 74 VJl de Rry Np _ astW° I OIdF I17 Mac° Rd NE ,ft-,Z WrICgh N11 , _m Belville c _ _ � oieaeae�o � � #Beach o ea�Nwd - �5 1r Leland �3� ' �`Wilmington F X421 Caroft Bea 0 0 2 4 v Miles 4r Legend County Boundaries Municipal Boundaries Wilmington MPO Boundary Board of Commissioners - August 17, 2015 ITEM: 4 - 2 - 7 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Role of the MTP The metropolitan transportation plan (MTP) is a document required by FHWA to guide regional transportation priorities and actions, and ultimately used to develop the Metropolitan Transportation Improvement Programs (MTIPs) /Statewide Transportation Improvement Programs (STIPs) which program transportation funds within MPO boundaries. MTPs have a minimum 20 -year planning horizon and are intended to present a fiscally- constrained evaluation of projects and strategies that promote mobility and access for people and goods within an MPO's boundaries. MTPs must include a strong public involvement component to demonstrate that they serve the needs of the region. Cape Fear Transportation 2040 meets or exceeds all federal requirements. MAP -21 and the Development of the MTP In July 2012, passage of the Moving Ahead for Progress in the 21 st Century (MAP -21) federal transportation legislation established new and revised requirements for statewide and metropolitan transportation plans and programs, as well as for the underlying transportation planning process. MAP -21 emphasizes key components to be incorporated into the metropolitan transportation plan. These include the establishment of a transparent and accountable framework for identifying capital projects and the incorporation of the eight planning factors outlined in the legislation. Cape Fear Transportation 2040 demonstrates the application of an established methodology for the identification and prioritization of its identified projects; it incorporates a fiscally- constrained evaluation of all surface transportation modes; and it incorporates an evaluation of the eight planning factors in its analysis. Project Prioritization Projects included in Cape Fear Transportation 2040 have been prioritized for a limited amount of projected funding from fiscally- constrained funding sources. The WMPO used Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 8 CAPE FEAR TRANSPORTATION 04GOALS MISAFE EFFICIENT APPROPRIATE RESPONSIBLE . MULTI-MODAL Support Economic 4111111 4111111 4111111 Vitality Increase Safety • • • Increase Security • • • Increase Accessibility • Environmental Protection and • • • • • • Quality of Life Enhance System Integration and • • Connectivity Promote System Management and • • • • Operations System Preservation • • • • Project Prioritization Projects included in Cape Fear Transportation 2040 have been prioritized for a limited amount of projected funding from fiscally- constrained funding sources. The WMPO used Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 8 Cape Fear Transportation 2040 EXECUTIVE SUMMARY both quantitative (objective) and qualitative (subjective) information to determine which projects represented the greatest need to match available funding sources within its boundaries. Members of the general public, elected officials, subject matter experts and planning technicians within the Greater Wilmington Area submitted project proposals for 6 modes of transportation — Aviation, Bicycle and Pedestrian, Ferry and Water Transportation, Freight and Rail, Mass Transportation, and Roadways. All projects were evaluated using goals and objects identified for each mode of transportation. A ranked list of project needs was then used as the basis for the fiscal constraint analysis determining which projects could receive a portion of the anticipated funding in this region between 2015 and 2040. The ranked list was then evaluated and revised by three WMPO committees: the Citizens Advisory Committee (CAC), the Technical Coordinating Committee (TCC), and the Transportation Advisory Committee (TAC). Potential alternative funding sources were also identified by these boards and used to supplement the projected amount of funding available for future projects in the plan. Aviation Aviation transportation in the Wilmington area is largely dependent on the Wilmington International Airport (ILM) as the region's largest public aviation transportation facility; connecting residents, businesses, and tourists to the area. As such, the majority of planned aviation projects are coordinated and funded through financial structures managed by ILM. Working in close concert, the WMPO coordinates NCDOT's funding matches through the regional project prioritizations process based on the direction of the Transportation Advisory Committee. Larger scale, regional planning coordinated by the WMPO is also necessary to ensure multi -modal integration is addressed. Ensuring connections from ILM with freight /rail, mass transportation, and the roadway network is vital to both the commercial cargo operations and passenger enplanements at ILM. Fiscally- Constrained Aviation Project List PROJECT CONSTRUCTION YEAR COST ID PROJECT A -1 GA Apron Development, Phase II $1,497,146 A -2 Pipe Ditch in FBO #2 Area Direct to EDDB and Rehab GA Apron Ramp North $393,694 (Survey, Testing, Design, Bidding and Permitting) A -3 Airfield Lighting Replacement (LED)/Vault Upgrade $2,661,592 A -4 Extend Runway 24 - Phase I of IV $6,523,866 A -5 Airport Layout Plan $942,647 A -6 Terminal Improvements Phase I (Design) $942,647 A -7 Terminal Improvements Phase I (Construction) $11,089,968 A -8 Terminal Improvements Phase 11 (Design and Construction) $12,198,965 r9A-1Rehab GA Apron Ramp North; Pipe Ditch in FBO #2 Area; Direct to EDDB $5,544,984 (Construction) Board of Commissioners - August 17, 2015 V ITEM: 4 - 2 - 9 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 A -10 Outbound Bag Room Retrofit $332,699 A -11 Taxiway A and H Widening and Paved Shoulders $6,543,081 A -12 BCA/EA for Runway 24 Extension $332,699 A -13 Extend Runway 24 - Phase II of IV $6,523,866 A -14 Design and Construction of Boat Launch for Water Access $55,450 A -15 Map on Airport Utilities $5,545 I Aviation Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. Legend Aviation Project Identification Number (A - #) O Aviation Project Aviation Runway Project Existing Aviation Facilities 0 Passenger Terminal ® VA and Business Park Area © FBOs Customs Facility Q Rental Car Facility ® Rescue Base /ARFF HQ Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 10 V Cape Fear Transportation 2040 EXECUTIVE SUMMARY Bicycle and Pedestrian The WMPO recognizes the importance of biking and walking a part of the regional transportation system, and emphasizes its interest in creating a multi modal transportation system throughout the MTR In addition several municipalities within the WMPO planning area maintain their own bicycle and pedestrian plans. Two prominent factors were continuously discussed during the Bicycle and Pedestrian Subcommittee meetings: regional connectivity and overcoming existing barriers to bicycle and pedestrian activity. While developing an inventory of bicycle and pedestrian facility needs in the region, the subcommittee discussed a variety of barriers to bicycle and pedestrian transportation. These barriers vary from large bodies of water to invisible jurisdictional boundaries to roadways with high speeds and high traffic volumes. Prominent in the discussion of overcoming bicycle and pedestrian barries in the region were discussions about opportunities to connect across bodies of water such as the Cape Fear River and the Atlantic Intracoastal Waterway. Although the region has shown many successes in bicycle and pedestrian facilities in the recent years, there are still gaps in the existing bicycle and pedestrian system, and an abundance of opportunity for new facilities. Survey results and trends show an increase in demand for new bicycle and pedestrian facilities. Other modes of transportation also place demand for additional bicycle and pedestrian facilities. For example, most people who use mass transportation either walk or bike to their bus stops. Thus, a robust bicycle and pedestrian network is essential for the health of a mass transportation system. Bicycle and pedestrian facilities are important not only in and of themselves, but they support the health and operations of other transportation modes. Thus the expansion of our bicycle and pedestrian networks is critical for the success of our overall transportation network. Fiscally- Constrained Bicycle and Pedestrian Project List FiSCALLY-CONSTRAINED BICYCLE AND PEDESTRIAN PROJECT LIST CONSTRUCTION YEAR ID PROFROM To COST ESTIMATE BP -1 S. 17th Street Hospital Plaza INDEPENDENCE BLVD $1,153,357 BP -2 Peachtree Ave Park Ave MacMillan Ave $272,698 BP -3 N. College Rd. New Town Rd Danny Pence Dr $223,863 BP -4 Wooster St. S. 8th Street Oleander Dr $198,146 BP -5 WILSHIRE BLV WRIGHTSVILLE AVE KERR AVE $2,137,450 BP -6 COLLEGE RD & N/A N/A $83,175 WILSHIRE BLVD BP -7 5TH AVE ANN ST GREENFIELD LAKE $2,240,065 PARK BP -8 COLLEGE RD HURST DR RANDALL PKWY $1,336,956 BP -9 5TH AVE RAIL LINE NORHT OF ANN ST $1,018,329 CAMBELL ST BP -10 WILSHIRE BLV KERR AVE MACMILLAN AVE $430,074 BP -11 OLEANDER DR & PINE N/A N/A $83,175 GROVE DR Board of Commissioners - August 17, 2015 Vi ITEM: 4 - 2 - 11 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 FiSCALLY-CONSTRAINED BICYCLE . PEDESTRIAN PROJECT CONSTRUCTION YEAR ID PROJECT -. BP -12 COLLEGE RD WRIGHTSVILLE AVE WILSHIRE BLVD $689,727 BP -13 COLLEGE RD & N/A N/A $83,175 OLEANDER DR BP -14 23RD ST ONE TREE HILL WAY PRINCESS PLACE DR $1,966,542 BP -15 N COLLEGE RD NE NVIO' RTHCHASE NEW VILLAGE WAY $1,878,598 PK BP -16 NEW CENTRE DR MARKET ST COLLEGE RD $1,195,422 BP -17 MARKET ST & N/A N/A $83,175 GORDON RD CAROLINA BEACH BP -18 RD & FRONT ST/ N/A N/A $83,175 BURNETT BLV BP -19 INDEPENDENCE BLVD RANDALL PKWY SOUTH OF MLK PKWY $4,361,533 EXTENSION BP -20 HARPER AVE DOW RD S 3RD ST $2,246,333 BP -21 COLLEGE RD RANDALL PKWY NEW CENTRE DR $1,230,756 BP -22 MILITARY CUTOFF RD N/A N/A $83,175 & EASTWOOD RD BP -23 DOW RD CLARENDON AVE LAKE PARK BLVD $2,307,679 BP -24 HOSPITAL PLAZA DR LAKESHORE DRIVE S 17TH ST $543,289 PATH BP -25 NEW CENTRE DR COLLEGE RD PROPOSED TRAIL TO $1,063,130 CLEAR RUN DR BP -26 SHIPYARD BLVD RIVER RD CAROLINA BEACH RD $2,102,080 BP -27 N COLLEGE RD NEW VILLAGE WAY BAVARIAN LN $1,360,529 BP -28 COLLEGE RD & NEW N/A N/A $83,175 CENTRE DR BP -29 Medical Center Dr CAROLINA BEACH RD S 17TH ST $2,519,043 BP -30 RACINE DR RANDALL DR EASTWOOD RD $2,210,251 BP -31 SHIPYARD BLVD INDEPENDENCE BLVD LONGSTREET DR $486,828 BP -32 SHIPYARD BLVD & N/A N/A $83,175 INDEPENDENCE BLVD BP -33 SHIPYARD BLVD S 17TH ST INDEPENDENCE BLVD $2,050,650 BP -34 Cape Fear Boulevard Dow Road Lake Park Boulevard $2,516,182 BP -35 EASTWOOD RD & N/A N/A $97,858 WRIGHTSVILLE AVE BP -36 SHIPYARD BLVD CAROLINA BEACH RD S 17TH ST $2,898,275 BP -37 Village Rd NE A WAYNE ST LOSSEN LN $3,680,881 BP -38 BURNT MILL CREEK METTS AVE MARKET ST $678,489 PATH BP -39 EASTWOOD RD & N/A N/A $97,858 CARDINAL DR BP -40 S 17TH ST INDEPENDENCE BLVD SHIPYARD BLVD $1,822,663 BP -41 BURNT MILL CREEK COLONIAL DR METTS AVE $1,140,677 PATH Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 12 vii Cape Fear Transportation 2040 EXECUTIVE SUMMARY FiSCALLY-CONSTRAINED BICYCLE . PEDESTRIAN PROJECT CONSTRUCTION YEAR ID PROJECT FROM BP -42 COLLEGE RD BLUE CLAY RD NORTHCHASE PKWY $1,832,135 BP -43 INDEPENDENCE BLVD RIVER RD CAROLINA BEACH RD $4,342,456 BP -44 INDEPENDENCE BLVD CAROLINA BEACH RD S 17TH ST $2,660,884 WRIGHTSVILLE AVE & BP -45 AIRLIE RD /OLEANDER N/A N/A $97,858 DR BP -46 EASTWOOD RD CARDINAL DR RACINE DR $1,061,222 US 17 & OLDE BP -47 WATERFORD WY/ N/A N/A $131,513 PLOOF RD SE BP -48 US 17 Frontage Path PLOOF RD OCEAN GATE PLAZA $816,352 BP -49 BURNT MILL CREEK MARKET ST ARCHIE BLUE PARK $5,890,806 PATH BP -50 17TH ST & SHIPYARD N/A N/A $131,513 BLVD BP -51 FORT FISHER BLV E AVE N AVE/SEVENTH AVE $2,132,730 OLEANDER DR & BP -52 GREENVILLE LP RD/ N/A N/A $131,513 GREENVILLE AVE BP -53 W Gate Park WEST GATE DR END $2,554,395 Connector BP -54 K AVE & 421 N/A N/A $131,513 BP -55 VILLAGE RD WAYNE ST NE OAKMONT CT NE $1,050,755 BP -56 Old Fayetteville Rd NE LANVALE RD PICKETT RD $3,888,048 BP -57 PINE GROVE RD & N/A N/A $131,513 GREENVILLE LP RD BP -58 Village Rd Connector LELAND SHOOL RD LINCOLN RD NE $607,250 BP -59 US 17 & W GATE DR/ N/A N/A $152,460 GRANDIFLORA DR BP -60 SEVENTH AVE & K N/A N/A $152,460 AVE BP -61 UPK�& PROVISION N/A N/A $152,460 BP -62 MARKET ST & MIDDLE N/A N/A $152,460 SOUND LOOP RD BP -63 Bridge Barrier Rd GREENWAY PLAN OLD DOW RD $43,364 PATH BP -64 GREENVILLE AVE OLEANDER DR PARK AVE $393,276 BP -65 US 17 /MARKET ST & N/A N/A $131,513 PORTERS NECK RD BP -66 N AVE & FORT FISHER N/A N/A $131,513 BLVD BP -67 N AVE FORT FISHER BLVD ATLANTIC AVE $68,031 Board of Commissioners - August 17, 2015 Viii ITEM: 4 - 2 - 13 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 FiSCALLY-CONSTRAINED ID PROJECT BP -68 VILLAGE RD NE BICYCLE . PEDESTRIAN PROJECT CONSTRUCTION YEAR -. WAYNE RD OLD MILL RD $1,813,447 BP -69 Clarendon Ave Dow Rd. Lake $1,847,792 BP -70 JENKINS RD US17 ST JOHNS CHURCH RD $345,352 BP -71 MARKET ST Bayshore Dr Marsh Oaks Dr. $4,146,552 BP -72 RD JOHNS CHURCH Jenkins End $750,600 BP -73 MASTER LN Doral Dr Sloop Point Loop Rd. $715,432 BP -74 Oleander Drive Hawthorne Road 42nd Street $704,579 BP -75 Wrightsville Ave Castle Street Independence Blvd $193,805 BP -76 Oleander Drive Wooster Street Mimosa Place $248,481 BP -77 Dawson Street Wrightsville Ave Oleander Drive $47,033 BP -78 Wrightsville Ave College Rd. Hawthorne Dr $1,263,801 BP -79 Wrightsville Ave 44th Street Independence Blvd $1,097,483 BP -80 17th Street Wooster St Greenfield St $261,494 BP -81 Oleander Drive Pine Grove Drive College Road $197,164 BP -82 N. 23rd St Princess Place Dr Belvedere Dr $54,273 BP -83 Delaney Ave Wellington Ave Glen Mead Rd $192,775 BP -84 McClelland Drive Saint Rosea Rd Kerr Ave $653,784 BP -85 Fairlawn Drive Barclay Hills Drive Kerr Ave $934,306 BP -86 Clover Rd Fairlawn Drive McClelland Drive $455,517 BP -87 Gleason Rd Fairlawn Drive McClelland Drive $498,195 BP -88 Greenville Loop Trail College Rd. Oleander Drive $7,605,563 BP -89 Kerr Ave Trail Randall Parkway College Road $1,006,347 BP -90 Central College Trail Holly Tree Rd. S. 17th Street $1,633,850 BP -91 Masonboro Loop Trail Pine Grove Drive Navaho Trail $3,307,186 BP -92 Kerr Ave & Wilshire Blvd N/A N/A $38,815 BP -93 16th St. & Dawson St. N/A N/A $83,175 BP -94 College & Hurst/ Hoggard N/A N/A $38,815 BP -95 8th St. & Dawson St. N/A N/A $55,450 BP -96 8th St. & Wooster St. N/A N/A $55,450 BP -97 17th St. & Dawson St. N/A N/A $83,175 BP 98 Holly Tree Rd. & S. College Rd. N/A N/A $138,625 BP -99* CAUSEWAY DR AIRLIE RD WAYNICK BLVD $18,910,848 BP -100* Old Fayetteville Rd B PICKETT RD BASIN ST $6,276,778 Projects anticipated to receive funding from alternative funding mechanisms Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 14 Cape Fear Transportation 2040 EXECUTIVE SUMMARY �= Bicycle and Pedestrian Projects NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. F Projects still subject to federal environmental review (NEP4) process before construction f.: CE r nywY NF Mac. Rd NE () 0 2 4 v Miles X ,.s PA 'r ,o oAp�' oA�3 �ti a a r Z gP a S1db�N Rd n V N 1 � .- * W I Rd NE j Navassd - ©® 56 �74, 56 68 55 3) ND -84 sr „ 1; 100 �� M 00 coq 28 2S9 RWilmington f A5. 96497117Y 5 1'~M 22 47 95 9306 ,,4N96 _1078 45 59 18 2 ✓ '' 131181 52 61 n 357 g8 26 3650'2 98 �3I as g , % j (I i FacYOfri/ ` 7 h9clPS �7nf Kure I i Legend Beach �. Bicycle and Pedestrian Project Identification Number (BP-#) 0 Proposed Crosswalks Proposed Linear Projects IJ County Boundaries Municipal Boundaries Wilmington MPO Boundary Board of Commissioners - August 17, 2015 ITEM: 4 - 2 - 15 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 M1 Bicycle and Pedestrian Projects NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction W Qy a a ti H� N —° Mark 96 4 971 j 75 95 93 6' J 0 `763 r (18 24 ✓33 32 1 26 36 50 as , M 57 88 98 rn° rn v � 0 � o� 132] �S O � 2 0 Mile- c a Paa /Z ati Navassa ✓- 5$ 69 Old Mill Rd NE 4L N 55 a wV, 56 co 100 �d 8elville R 9 4 93 106 95 5 0 D,$ 47 y 59 61�`QaY N�y� n I: 18 24 ✓3 26 36 50 Leland O 0 1 2 v Miles Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 -2-16 Wilmington Bike /Ped Project ID# (BP - #) C) Proposed Crosswalks Proposed Linear Projects r County Boundaries Municipal Boundaries Wilmington MPO Boundary Leland, Belville, & Navassa Bike /Ped Project ID (BP - #) 0 Proposed Crosswalks Proposed Linear Projects j] County Boundaries Municipal Boundaries Wilmington MPO Boundary A ss 00 b 84 Fas 4 28`S ti o �b 22 �S 94 Wilmington 926 70 45 )4 2 78 p`. 13 11 524 81 in 57 88 98 rn° rn v � 0 � o� 132] �S O � 2 0 Mile- c a Paa /Z ati Navassa ✓- 5$ 69 Old Mill Rd NE 4L N 55 a wV, 56 co 100 �d 8elville R 9 4 93 106 95 5 0 D,$ 47 y 59 61�`QaY N�y� n I: 18 24 ✓3 26 36 50 Leland O 0 1 2 v Miles Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 -2-16 Wilmington Bike /Ped Project ID# (BP - #) C) Proposed Crosswalks Proposed Linear Projects r County Boundaries Municipal Boundaries Wilmington MPO Boundary Leland, Belville, & Navassa Bike /Ped Project ID (BP - #) 0 Proposed Crosswalks Proposed Linear Projects j] County Boundaries Municipal Boundaries Wilmington MPO Boundary A Cape Fear Transportation 2040 EXECUTIVE SUMMARY Ferry and Water Transportation Capital improvements to the ferry and water transportation network in the Greater Wilmington Area are largely dependent on the availability of funds from the state. As such, the majority of ferry and water transportation projects included in this element are coordinated and funded through financial structures managed by NCDOT with input from the Wilmington MPO. Larger scale, regional planning coordinated by the WMPO is also necessary to ensure multi -modal integration is addressed. Further expansion of the existing ferry routes will require the development of strategic public investments or private partnerships in order to connect residents, businesses, and tourists within and to the region. Furthermore, future years may see an increasing use for the ferry and water transportation system to provide support to regional emergency management operations. The potential use of water vessels and temporary barges at strategic locations should be explored for use in emergency management and natural disaster planning and preparation. ti NCDOT Southport to Ft Fiscally- Constrained Ferry and Water Transportation Project List Board of Commissioners - August 17, 2015 xii ITEM: 4 -2-17 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Ferry and Water Transportation Projects with Anticipated Funding I Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 -2-18 X','i Cape Fear Transportation 2040 EXECUTIVE SUMMARY Freight /Rail Freight movement is a critical element of an advanced industrial economy and the ease of freight movement is one component of a region's economic competitiveness for attracting and retaining various types of industry and employment centers. Freight movement can also have an impact on a region's quality of life, particularly with the need to ensure heavy truck/rail traffic has suitable routes to /from the national highway, regional rail nodes, and ports remains in balance with the needs of non - industrial components of the community. This freight/ rail element outlines proposals for policies and projects that will capitalize on economic UUnLdInUr IVIUVUrnenL dL NC Port of Wilmington. development opportunities for the WMPO and those that will mitigate potential conflicts and externalities from freight movements on the larger community and transportation network. Fiscally- Constrained Freight/Rail Project List Board of Commissioners - August 17, 2015 AV ITEM: 4 - 2 - 19 Wilmington Urban Area Metropolitan Planning Organization PROJECT FiSCALLY-CONSTRAINED FREIGHT/RAIL ID PROJECT TYPE PROJECT YEAR COST ESTIMATE FR -1 Truck/Roadway Shipyard Boulevard eb bus pullout, bus stop, and sidewalk $135,000 FR -2 Truck/Roadway Front Street widening and redesign $17,450,892 FR -3 Rail Front Street lead railroad signalization and gates $998,097 FR -4 Rail Study at -grade rail crossing conflicts on WTRY and spur lines near $391,432 Port of Wilmington (multiple locations) FR -5 Rail US421 Railroad crossing safety improvements south of 1- 140 /Dan $521,909 Cameron Bridge FR -6 Rail US421 Railroad extension from Invista to Fender Commerce Park $5,694,698 FR -7 Rail At -grade rail crossing conflicts on NCDOT & CSX lines (multiple $10,890,646 locations) FR -8 Truck/Roadway Burnett Boulevard widening to allow for queuing at north gate of $2,628,506 NC Port of Wilmington from Carolina Beach Road to Myers Street FR -9 Truck/Roadway Front Street & Burnett Boulevard turn lanes improving sb and nb $408,567 truck access FR -10 Truck/Roadway "Carolina Beach Road and Shipyard Boulevard wb right turn $1,315,130 improvements" FR -11 Truck/Roadway Shipyard Boulevard eb at Carolina Beach Road nb left turn $306,864 additional queuing FR -12 Truck/Roadway Shipyard Boulevard median closure at Rutledge Drive $43,838 FR -13 Truck/Roadway Shipyard Boulevard speed sensors and warning activation at NC $175,351 Port of Wilmington FR -14 Truck/Roadway Cape Fear Crossing - Funded Portion $158,021,483 Projects anticipated to receive funding from alternative funding mechanisms Board of Commissioners - August 17, 2015 AV ITEM: 4 - 2 - 19 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 t• 11. z.,1:h: Freight /Rail Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. J^r lSi1G1�11111� x4 Irl O 0 2 4 v Miles No \ \J= heto�Pd Z gP a S\dboN Rd 1 % a G.rtlan Rtl _ 1 � —T rk - - Ma i St 77. m as��tlRO' 7 �n ._ \' Wrights,, �76�ar °t g -Beach � V 0 117 Wilmington a 4' `ae r c vFa�mry `17J hgcle 0 Legend Freight /Rail Project Identification Number (FR -4) Proposed Freight /Rail Intersection Project Proposed Freight /Rail Project u Mac. Rd NE !f,s Oltl (Partial Anticipated Funding) 4 Nwv i } f � r •�� �a .fir � vLeland. j ., Wilmington MPO Boundary Irl O 0 2 4 v Miles No \ \J= heto�Pd Z gP a S\dboN Rd 1 % a G.rtlan Rtl _ 1 � —T rk - - Ma i St 77. m as��tlRO' 7 �n ._ \' Wrights,, �76�ar °t g -Beach � V 0 117 Wilmington a 4' `ae r c vFa�mry `17J hgcle 0 Legend Freight /Rail Project Identification Number (FR -4) Proposed Freight /Rail Intersection Project Proposed Freight /Rail Project u FR -14 Cape Fear Crossing Study Area (Partial Anticipated Funding) 4 Railroads f County Boundaries Municipal Boundaries Wilmington MPO Boundary Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 -2-20 X" Cape Fear Transportation 2040 EXECUTIVE SUMMARY Freight /Rail Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. Market St * r . 7 7. 7 7 7 o �a a Leland, Belville, C Wrightsville 9 d t Wilmington Beach .n•. + s'. r oleander Dr 117 Proposed Freight /Rail Intersection st'rw� *� Proposed Freight /Rail Project +� Market St FR -14 Cape Fear Crossing Study Area Y.Y (Partial Anticipated Funding) -17'7'( ] 7 Railroads o� � i ,+ 50 ` O 0 1 2 v Miles c Pad y��R • -p Navassa Art n + - , " ,f f ettevll10 Ri d r` 1. 5 r' ff y�FlFl X. I ,�1 Leland' k Wilmington Freight /Rail Project Identification Number (FR -4) (� Proposed Freight /Rail Intersection Proposed Freight /Rail Project FR -14 Cape Fear Crossing Study Area (Partial Anticipated Funding) Railroads s_fJ County Boundaries Municipal Boundaries Wilmington MPO Boundary a Leland, Belville, C & Navassa Freight /Rail Project Identification Number (FR - 4) Proposed Freight /Rail Intersection Proposed Freight /Rail Project +� Market St FR -14 Cape Fear Crossing Study Area Y.Y (Partial Anticipated Funding) -17'7'( ] 7 Railroads County Boundaries o .. Municipal Boundaries d Wilmington MPO Boundary 4 1 12 4 4 Board of Commissioners - August 17, 2015 xvl ITEM: 4 -2-21 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Mass Transportation The mass transportation element outlines projects and policies that would result in increased ridership and improved service to both transit - dependent populations and choice ridership populations. This element includes a heavy emphasis on increasing the comfort and safety of riders in accessing public transportation. Most mass transportation users are also pedestrians at some point in their travels; therefore enhancements to the pedestrian network are critical to improving the experience of mass transportation users and critical to the enticement of new riders. By increasingly serving choice riders and a larger segment of the population, mass transportation will see broader community support. When broadly utilized, mass transportation is one of the most efficient modes of transportation and can be one of the most cost - effective infrastructure investments a community can make. In the Greater Wilmington area, mass transportation is most heavily utilized by transit - dependent riders. However, there is great opportunity to expand ridership and increase the attractiveness of mass transportation to choice rider populations. The benefits of increasing mass transportation ridership extend beyond the financial return to local public transportation providers. Benefits of increased mass transportation ridership include mitigating increases in community congestion and environmental degradation. Increased mass transportation ridership captures a percentage of the trips that would have otherwise been made by single- occupant vehicles. By mitigating congestion, improved mass transportation service can also reduce the need to increase capacity on the roadway network. Fiscally Constrained Mass Transportation Project List ID MT -1 FiSCALLY-CONSTRAINED PROJECT TYPE PARK & RIDE TRANSPORTATION MASS PROJECT PROJECT US17 at Brunswick Forest COST ESTIMATE $3,000 MT -2 PARK & RIDE Mt. Misery at US74/76 $3,000 MT -3 PARK & RIDE Leland Town Hall $3,000 MT -4 AMENITY Town Hall Drive (Leland) $15,000 MT -5 ADDITIONAL SERVICE Airport Boulevard service to ILM 0 MT -6 STOP ACCESS Oleander Drive & Independence Boulevard $83,175 MT -7 AMENITY Oleander Drive at Whole Foods $16,635 MT -8 EXPRESS ROUTE Downtown Wilmington to Forden Station $510,139 MT -9 EXPRESS ROUTE Downtown Wilmington to Mayfaire $510,139 MT -10 I PARK & RIDE Mayfaire Shopping Center $3,327 MT -11 AMENITY Lake Avenue at South College Road $16,635 MT -12 STOP ACCESS College Road & Sanders Road $83,175 MT -13 PARK & RIDE "Carolina Beach Road at S College Road (Monkey Junction)" $16,635 MT -14 AMENITY S College Road at Randall Parkway $16,635 MT -15 JAMENITY I S 17th St at Glen Meade Road $16,635 Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 22 xvii Cape Fear Transportation 2040 EXECUTIVE SUMMARY ID MT -16 FiSCALLY-CONSTRAINED PROJECT TYPE AMENITY MASS PROJECT TRANSPORTATION PROJECT N College Road at Danny Pence Drive COST ESTIMATE $16,635 MT -17 AMENITY Carolina Beach Road at Harris Teeter $16,635 MT -18 AMENITY US17 at NC210 $16,635 MT -19 ADDITIONAL SERVICE Market Street from College Road to Porter's Neck Walmart $510,139 MT -20 AMENITY S College Road at University Drive $16,635 MT -21 AMENITY 17th Street at Food Lion Plaza $16,635 MT -22 AMENITY 17th Street at Doctors Circle $16,635 MT 23 STOP ACCESS Shipyard Boulevard & 17th Street $83,175 MT -24 STOP ACCESS 17th Street at Hospital Plaza Drive 1 $83,175 MT -25 STOP ACCESS College Road at Hurst Drive $83,175 MT -26 STOP ACCESS College Road at New Center Drive $83,175 MT -27 STOP ACCESS College Road at University Drive $83,175 MT -28 AMENITY Independence Boulevard at Canterbury Drive $16,635 MT -29 AMENITY Market Street at Kerr Avenue $16,635 MT -30 AMENITY Market Street at Covil Avenue $16,635 MT -31 AMENITY Indepence Boulevard at Independence Mall (northbound) $16,635 MT -32 AMENITY Independence Boulevard at Park Avenue $16,635 MT -33 AMENITY Indepence Boulevard at Independence Mall (southbound) 1 $16,635 MT -34 STOP ACCESS Market Street at Cinema Drive $83,175 MT -35 STOP ACCESS "Carolina Beach Road at Antoinette Drive (Monkey Junction)" $83,175 MT -36 PARK & RIDE Carolina Beach Road at Snow's Cut Bridge $3,327 MT -37 PARK & RIDE 1 -40 at Cape Fear Community College North Campus $3,327 MT -38 PARK & RIDE Market Street at Middle Sound Loop Road $3,327 MT -39 PARK & RIDE US17 at NC210 $3,327 MT -40 PARK & RIDE Barclay West $3,327 MT -41 PARK & RIDE Fairfield Park $3,327 MT -42 AMENITY College Road at University Drive $16,635 MT -43 AMENITY 17th Street at Hospital Plaza Drive $16,635 MT -44 AMENITY Gordon Road at Food Lion Plaza $16,635 MT -45 AMENITY Shipyard Boulevard at Commons Drive $16,635 MT -46 AMENITY Monkey Junction Transfer Station $16,635 MT -47 AMENITY N Lake Park Boulevard at Town Hall $16,635 MT -48 AMENITY Shipyard Boulevard at 41 st Street $16,635 MT -49 AMENITY 41 st Street at Hoggard High School $16,635 MT -50 STOP ACCESS Shipyard Boulevard at 41 st Street $83,175 MT -51 PARK & RIDE Market Street at Porters Neck Road $3,327 MT -52 AMENITY Carolina Beach Road at Medical Center Drive $16,635 MT -53 AMENITY Carolina Beach Road at Roses $16,635 MT -54 STOP ACCESS Market Street & Lullwater Drive $83,175 MT -55 AMENITY Nixon Street at 8th Street $16,635 MT -56 AMENITY Downtown Transfer Station $16,635 MT -57 AMENITY College Road at Wilshire Boulevard $19,572 Board of Commissioners - August 17, 2015 xviii ITEM: 4 - 2 - 23 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 ID MT -58 FiSCALLY-CONSTRAINED PROJECT TYPE AMENITY MASS PROJECT TRANSPORTATION PROJECT Eastwood Road at Rogersville Road COST ESTIMATE $19,572 MT -59 AMENITY Carolina Beach Road at Independence Boulevard $19,572 MT -60 AMENITY Carolina Beach Road at Tenessee Avenue $19,572 MT -61 AMENITY West Gate Drive at Walmart $19,572 MT -62 AMENITY Halyburton Memorial Parkway at Ballfields $19,572 MT -63 AMENITY Independence Boulevard at Converse Drive $19,572 MT -64 AMENITY Princess Place Drive at N 25th Street $19,572 MT -65 AMENITY Carolina Beach Road at Southern Boulevard $19,572 MT -66 AMENITY Market Street at Lullwater Drive $19,572 MT -67 AMENITY Oleander Drive at Hawthorne Drive $19,572 MT -68 AMENITY College Road at Kmart $19,572 MT -69 AMENITY Randall Parkway at Brailsford Drive $19,572 MT -70 AMENITY Military Cutoff Road at Old Macumber Station Road $19,572 MT -71 AMENITY Carolina Beach Road at Silva Terra Drive $19,572 MT -72 AMENITY 17th Street at John D Barry Drive $19,572 MT -73 AMENITY Village Road at Food Lion $19,572 MT -74 AMENITY Front Street at Harnett Street $19,572 MT -75 PARK & RIDE US17 at Sidbury Road $3,914 MT -76 AMENITY Market Street at 16th Street $19,572 MT -77 AMENITY Sigmon Road at Walmart $19,572 MT -78 AMENITY Oleander Drive at Giles Avenue $19,572 MT -79 AMENITY Wrightsville Avenue at Jones Road $19,572 MT -80 AMENITY Wilshire Boulevard at Berkshires at Pecan Cove $19,572 MT -81 AMENITY Wilshire Boulevard at Kerr Avenue $19,572 MT -82 AMENITY Mt. Misery Road at Food Lion $19,572 MT -83 AMENITY Village Road at S Navassa Road $19,572 MT -84 AMENITY Carl Winner Avenue at Carolina Beach Avenue $19,572 MT -85 AMENITY 10th Street at Meares Street $19,572 MT -86 AMENITY Greenfield Street at 13th Street $19,572 MT -87 AMENITY Wrightsville Avenue at Cape Fear Memorial Hospital $19,572 MT -88 AMENITY Front Street at Ann Street $19,572 MT -89 PARK & RIDE 1 -40 at Holly Shelter Road $3,914 MT -90 PARK & RIDE Forden Station $3,914 MT -91 PARK & RIDE Downtown Transfer Station $3,914 MT -92 AMENITY New Hanover County Government Center Drive $19,572 MT -93 AMENITY New Center Drive at Bob King Buick $19,572 MT -94 AMENITY 17th Street at Little John Circle $19,572 MT -95 AMENITY Cypress Grove Drive at Doctors Circle $19,572 MT -96 AMENITY Medical Center Drive at Delaney Radiologists $19,572 MT -97 AMENITY Wellington Avenue at Silver Stream Lane $19,572 MT -98 AMENITY Wellington Avenue at Troy Drive $19,572 MT -99 AMENITY Wellington Avenue at Flint Drive $19,572 MT -100 AMENITY Wellington Avenue at 17th Street $19,572 Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 24 xix Cape Fear Transportation 2040 EXECUTIVE SUMMARY ID MT -101 FiSCALLY-CONSTRAINED PROJECT TYPE AMENITY TRANSPORTATION MASS PROJECT PROJECT Main Street at Church Street (Navassa) COST ESTIMATE $19,572 MT -102 AMENITY 4th Street at ABC Alley $19,572 MT -103 AMENITY Front Street at Castle Street (northbound) $19,572 MT -104 AMENITY Front Street at Castle Street (southbound) $19,572 MT -105 STOP ACCESS I Dawson Street at 17th Street $97,858 MT -106 STOP ACCESS I Wooster Street at 17th Street $97,858 MT -107 I STOP ACCESS I Wooster Street at 3rd Street $97,858 MT -108 STOP ACCESS Dawson Street at 3rd Street $97,858 MT -109 PARK & RIDE 1 -140 at Castle Hayne Road $3,914 MT -110 AMENITY Princess Place Drive at Montgomery Avenue $19,572 MT -111 AMENITY Marion Drive at Rutledge Drive $19,572 MT -112 AMENITY Nixon Street at 5th Street $19,572 MT -113 AMENITY 16th Street at Wright Street $19,572 MT -114 AMENITY 16th Street at Kidder Street $19,572 MT -115 AMENITY 5th Street at Ann Street $19,572 MT -116 AMENITY 5th Street at Dawson Street $19,572 MT -117 AMENITY 5th Street at Castle Street $19,572 MT -118 AMENITY Dawson Street at 9th Street $19,572 MT -119 AMENITY Wilmington Multimodal Transportation Center $12,147,304 MT -120 AMENITY US1 17/NC133 at Old Blossom Ferry Road $19,572 MT -121 AMENITY US421 at Blueberry Road $19,572 MT -122 STOP ACCESS Dawson Street & 16th Street $97,858 MT -123 STOP ACCESS Wooster Street & 16th Street $113,444 MT -124 STOP ACCESS Dawson Street at 8th Street $113,444 MT -125 STOP ACCESS Wooster Street 8th Street $113,444 MT -126 PARK & RIDE 1 -140 at Cedar Hill Road $4,538 MT -127 PARK & RIDE 1 -140 at US421 $4,538 MT -128 PARK & RIDE US421 at Cowpens Landing Road $4,538 MT -129 PARK & RIDE Terminus of Independence Boulevard $4,538 MT -130 PARK & RIDE US 17/74/76 at River Road (NC 133) $3,327 MT -131 IPARK&RIDE Galleria Mall $3,327 MT -132 PARK & RIDE US17 at Walmart $3,327 MT -133 PARK & RIDE 1 -140 at US74/76 $3,914 MT -134 PARK & RIDE River Road (NC133) $3,914 Wave Transit Buses at Forden Station. Board of Commissioners - August 17, 2015 xx ITEM: 4 - 2 - 25 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Mass Transportation Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. 5A now I Projects still subject to federal environmental review (NEPA) process before construction. Mac. Rd NE re, PA .` �4 s A• t� 89 / ^\1 y 1171 qli, 109 .�• - ® 51 ' ja ".' Hui Navassa 133 82 r 1 1 O 0 2 4 v Miles 127 126 I Id 5 101 11255 �74� 90 19 �3 56119 26 g 43034 2967792 10 3 73 8811 69 14 5870 130 103184 124 80 25 `'" 79 108 81 132 2494 33 7 87 78 13Wrightsvill 61 60 65 955453 284911 9 67 s8`each 52 5938 Z_21� S48 �76� 1116. -40 and 59 72 ? 134 129 41 !Ir3% 71 35 46 �y °cam e¢ 12 17 ®w Legend Carolina Mass Transportation Project Identification Number (MT -4) Beach 3 O Proposed Park and Ride Kure> Beach ❑ Proposed Transit Stop Access Improvements 0 Proposed Transit Stop Amenity Upgrades ■ ■ Proposed Express Routes Service Proposed Additional Fixed Route Service _fJ County Boundaries Municipal Boundaries � r{ Wilmington MPO Boundary Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 -2-26 xxI Cape Fear Transportation 2040 EXECUTIVE SUMMARY Mass Transportation Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. 44 19 90 112 55 74 1192 64 130 34 29 54 77 92 956 76 8 9326 10 27 58 70 88115 69 125 03117 124123 106 42 4 107 118 122105 80 g 20 fJ 108 16 8586114 763 G 2 8 578 79 131 f q 31 7 .,. 87 y 78 60 9522 28 1g 67 65 15 49 96 100 9899 21 63 50 5297 23 45 48 ' 117 53 111 _ r 59'0 72 41 N 129 71 1 00 1 2 3 v Miles qua e wed ESQ' NF F ` c PO'a - y� Ra ti 126 133 2 r� P �a d� P z O 127 86 3 arN�v� u' 60 9522 0`e 65 96 15100 � 9 21 529 23 53 133 111 c ;e Leland --40 0 1 2 v Miles Wilmington Mass Transportation Project Id (MT -4) OPark and Ride Navassa Transit Stop Access Improvements Old Mill Rd NE � + Transit Stop Amenity Upgrades �illyBe qa IV, �10V 19 74 113 _- . 01 4 7� K . Wd - 88611577 Belville '173 - 13 103 1112 512 2106 107 118 113105 108116 85 114 86 3 arN�v� u' 60 9522 0`e 65 96 15100 � 9 21 529 23 53 133 111 c ;e Leland --40 0 1 2 v Miles Wilmington Mass Transportation Project Id (MT -4) OPark and Ride El Transit Stop Access Improvements _ Transit Stop Amenity Upgrades ■ ■ Express Routes Service Additional Fixed Route Service _f County Boundaries Municipal Boundaries Wilmington MPO Boundary Leland, Belville, & Navassa Mass Transportation Project Id (MT-4) OPark and Ride ❑ Transit Stop Access Improvements Transit Stop Amenity Upgrades ■ Express Routes Service Additional Fixed Route Service County Boundaries Municipal Boundaries Wilmington MPO Boundary Board of Commissioners - August 17, 2015 xxii ITEM: 4 -2-27 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Roadways Demand on our existing roadways will only increase over time, but some of this demand is from new users. Our roadway network needs additional capacity to carry an anticipated increase in regional vehicle miles travelled (VMT), but also in order to carry new user types such as increased bus service, additional freight, bicycle transportation and the facilitation of pedestrian movements. Trends indicate that in the future people and goods will move through a more diverse array of transportation modes. The further development of the roadway network should facilitate future movements through facilitating mode choice, increased connectivity, and improved balance between access and mobility. The thoughtful further development of the roadway network is critical for the Wilmington Urban Area to be able to mitigate traffic increases and facilitate additional choice in order to increase the quality of life and economic development opportunities in the Wilmington Urban Area. Fiscally- Constrained Roadways Project List Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 28 xxiii FiSCALLY-CONSTRAINED ROADWAYS PROJECT ID PROJECT FROM YEAR COST ESTIMATE R -1 Kerr Avenue Widening Randall Parkway US 74 /Martin $44,309,966 U -3338 Luther King Jr. Parkway R -2 1 -140 Wilmington Bypass US421 US 74/76 Andrew $163,930,000 R -2633 Jackson Highway R -3 Military Cutoff Road Extension US 17BUS/ US 17/Wilmington $178,917,855 U -4751 Market Street Bypass R -4 NC 133 /Castle Hayne Road US74 /Martin Holly Shelter $226,458,655 U -2724 Widening Luther King Jr Road Parkway R -5 US117/NC132 /College Road Gordon Road US421 /Carolina $113,482,764 U -5702 Widening Beach Road R -6 Gordon Road Widening NC 132 US 17BUS/ $35,167,338 U -3831 Interchange Market Street R -7 US117/NC132 /College Road US117 /Shipyard Wilshire $24,524,536 U -5702 Widening Boulevard Boulevard R -8 US421 /Carolina Beach Road Piner Road Sanders Road $16,788,067 U -5790 Widening R -9 USI 7BUS /Market Street Road Diet 17th Street Covil Avenue $13,904,312 U -5869 R -10 USI 7BUS /Market Street Access Military Cutoff Porters Neck $9,453,686 U -4902 Management Road Road R -11 USI 7BUS /Market Street Access US 74 /Martin Military Cutoff $4,403,609 U -4902 Management Luther King Jr Road Parkway R -12 US17 Superstreet Washington Sloop Point Road $61,372,712 U -5732 Acres Road R -13 US117/NC132 /College & US76/ US 117/NC132/ US76 /01eander $37,981,128 U -5704 Oleander Intersection I College Road Drive Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 28 xxiii Cape Fear Transportation 2040 EXECUTIVE SUMMARY Board of Commissioners - August 17, 2015 xxiv ITEM: 4 - 2 - 29 Wilmington Urban Area Metropolitan Planning Organization FiSCALLY-CONSTRAINED ROADWAYS PROJECT ID PROJECT FROM TIP YEAR COST ESTIMATE R -14 USI 7BUS /Market Street Access Colonial Drive New Centre Drive $6,860,680 U -4902 Management R -15 US421 /Front Street Widening US 76/421/ US421 /Burnett $17,450,892 U -5734 Cape Fear Boulevard Memorial Bridge R -16 US74 /Eastwood Road & Military US74 /Eastwood Military Cutoff $44,030,537 U -5710 Cutoff Road Road Road R -17 Carolina Beach Road & College US 421 /Carolina US117/NC132/ $23,445,141 U -5790 Road Flyovers Beach Road College Road R -18 Isabel Holmes Bridge Flyovers US 17 US421 $27,179,344 U -5731 R -19 US117/NC132 /College & MILK US117/NC132/ US74 /Martin $44,030,537 U -5792 Pkwy Intersection College Road Luther King Jr. Parkway R -20 Kerr Avenue /MLK Jr Pkwy Kerr Avenue US74 /Martin $36,394,018 U -3338 Intersection Luther King Jr. Parkway R -21 US421 /Carolina Beach Road US421 /Burnett US117 /Shipyard $4,768,686 U -5729 Upgrade Boulevard Boulevard R -22 Hurst Drive Extension Kerr Avenue Riegel Road $4,768,686 N/A R -23 Dawson Street Streetscape USI 7BUS/ US76 /01eander $609,948 N/A South 3rd Street Drive R -24 Wooster Street Streetscape USI 7BUS/ US76 /01eander $609,948 N/A South 3rd Street Drive R -25 USI 7BUS /Market Street & 17th USI 7BUS/ South 17th Street $1,774,395 N/A Street Intersection Market Street R -26 Wrightsville Avenue & Wallace Wrightsville Wallace Avenue $1,663,495 N/A Avenue Roundabout Avenue R -27 Oleander Drive & Pine Grove US76/ Oleander Pine Grove Drive $2,328,893 N/A Intersection Drive R -28 Pine Grove Drive & MacMillan Pine Grove Drive Macmillan Avenue $2,772,492 N/A Avenue Intersection R -29 Love Grove Additional Access Nixon Street King Street $6,764,880 N/A R -30 Pine Grove Drive & Greenville Loop Pine Grove Drive Greenville Loop $1,663,495 N/A Road Roundabout Road R -31 Pine Grove Drive & Holly Tree Road Pine Grove Drive Holly Tree Road $1,663,495 N/A Roundabout R -32 Rice Gate Way Extension Rice Gate Way Mallory Creek $12,741,553 N/A Road R -33 Kerr Avenue Widening Patrick Avenue Wrightsville $86,267,237 N/A Avenue Board of Commissioners - August 17, 2015 xxiv ITEM: 4 - 2 - 29 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Roadway Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 30 xxv Cape Fear Transportation 2040 EXECUTIVE SUMMARY �Roadway Projects with Anticipated Funding NOTE: Projects displayed for general location purposes only and not intended to show exact alignment. Projects still subject to federal environmental review (NEPA) process before construction. • 55 Old II Rd NE Ilk, 9e \% / Leland a ® 0 1 2 v Miles Wilmington Roadway Project Identification Number (R -#) (; Proposed Intersection Improvement ® Proposed Roadway Project R -58 Cape Fear Crossing Study Area (Partial Anticipated Funding) FI County Boundaries Municipal Boundaries Wilmington MPO Boundary Leland, Belville, & Navassa Roadway Project Identification Number (R -4) Proposed Intersection Improvement ® Proposed Roadway Project R -58 Cape Fear Crossing Study Area (Partial Anticipated Funding) s "F County Boundaries Municipal Boundaries Wilmington MPO Boundary Board of Commissioners - August 17, 2015 xxvi ITEM: 4 - 2 - 31 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 *= only a long -range TDM strategy Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 32 xxvii FiSCALLY-CONSTRAINED ROADWAYS PROJECT ID PROJECT FROM - -. ESTIMATE R -34 Old Fayetteville Road Widening Village Road US74/76 /Andrew $26,988,212 N/A Jackson Highway R -35 N 23rd Street Widening NC133 /Castle US74 /Martin $13,147,430 N/A Hayne Road Luther King Jr Parkway R -36 NC210 Improvements Island Creek/ US17 $4,273,066 N/A NC210 R -37 Wilshire Boulevard Extension US117/132/ MacMillan Avenue $3,114,227 N/A College Road R -38 Hampstead Bypass Porters Neck Sloop Point Road $343,328,798 R -3300 Road R -39 Country Club /Dora) Drive and Country Club Sloop Point Loop $975,620 N/A Sloop Point Loop Road Drive /Dora) Drive Road R -40 Kerr Avenue Extension Wrightsville US76 /01eander $14,628,777 N/A Avenue Drive R -41 1 -74 Upgrade US17/74/76 WMPO Boundary $59,886,935 R -4462 R -42 NC133 /Castle Hayne Road & 23rd NC 133/ Castle N 23rd Street $1,358,967 N/A Street Roundabout Hayne Road R -43 Front Street & Carolina Beach US421 /Burnett US421 /Carolina $408,567 N/A Road Intersection Boulevard/ Front Beach Road Street *= only a long -range TDM strategy Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 32 xxvii Cape Fear Transportation 2040 EXECUTIVE SUMMARY Transportation Demand Management and Transportation Systems Management Also included in the plan were strategies for several initiatives that did not include lists of projects. These included transportation demand management and transportation systems management initiatives. Transportation Demand Huh US17 Superstreet in Br;.ir swick County. Board of Commissioners - August 17, 2015 xxviii ITEM: 4 - 2 - 33 Wilmington Urban Area Metropolitan Planning Organization CONSTRAINED ROADWAYS PROJECT ID PROJECT FROM - YEAR COST ESTIMATE R -44 Old Fayetteville Road Interchange Old Fayetteville US74/76 /Andrew $11,646,941 U -3337 Road Jackson Highway R -45 New Centre Drive & Market Street New Centre USI 7BUS /Market $815,380 N/A Intersection Drive Street R -46 Greenville Avenue & Oleander Drive Greenville US76 /01eander $408,567 N/A Intersection Avenue Drive R -47 Shipyard Boulevard Access US421/ Carolina Rutledge Drive $43,838 N/A Management (F /R) Beach Road R -48 Carolina Beach Road & Shipyard US421/ Carolina US117 /Shipyard $1,315,130 N/A Boulevard Intersection (wb right Beach Road Boulevard turn) (F /R) R -49 Shipyard Boulevard Widening (F /R) US421/ Carolina US117 /Shipyard $306,864 N/A Beach Road Boulevard R -50 Burnett Boulevard Widening (F /R) US421/ Carolina Myers Street $2,628,506 N/A Beach Road R -51 Shipyard Boulevard Speed Sensors US421/ Carolina River Road $175,351 N/A and Warning activation at NC Port Beach Road of Wilmington (F /R) R -52 US17 to NC133 Connection US17 NC133 $16,366,064 N/A R -53 NC 133 /River Road Widening US17/74/76 Rabon Way SE $38,150,598 N/A R -54 Market Street/MLK Jr. Pkwy US74 /Martin US74 /Eastwood $31,508,309 N/A Flyovers Luther King Jr. Road Parkway R -55 Magnolia Drive Extension Mount Misery Old Mill Road $8,909,680 N/A Road R -56` Independence Boulevard Extension Randall Parkway US74 /Martin $196,640,913 U -4434 Luther King Jr. Parkway R -57` River Road Widening Independence US421 /Carolina $187,201,953 N/A Boulevard Beach Road R -58` Cape Fear Crossing - Funded US17 US421 /Carolina $158,021,483 U -4738 Portion Beach Road Projects anticipated to receive funding from alternative funding mechanisms Transportation Demand Management and Transportation Systems Management Also included in the plan were strategies for several initiatives that did not include lists of projects. These included transportation demand management and transportation systems management initiatives. Transportation Demand Huh US17 Superstreet in Br;.ir swick County. Board of Commissioners - August 17, 2015 xxviii ITEM: 4 - 2 - 33 Wilmington Urban Area Metropolitan Planning Organization Cape Fear EXECUTIVE SUMMARY Transportation 2040 Management Transportation demand management (TDM) is described in this plan as an effort to mitigate the growth in traffic congestion. It is also described as the "flip- side" of infrastructure, as it is generally programmatic with an effort to reduce the demand on existing and new infrastructure. Trends are showing that future generations will be more interested in TDM programs rather than commuting habits that apply stress to our infrastructure. If trends continue to fall as they have in the previous years, the TDM strategies listed in the TDM Element will provide the transportation alternatives that younger generations are seeking. These Strategies include the following: Transportation Systems Management Transportation Systems Management is the process of optimizing the existing transportation system and infrastructure. TSM focuses on enhancing the existing infrastructure to increase roadway capacities, to integrate transportation and land use planning, and to reduce congestion within the Wilmington Urban Area. TSM is an opportunity to target improvements that increase capacity, efficiency and utilization of the existing infrastructure. TSM strategies discussed in this element include the following: • Optimizing Signal Tming and Operations • Geometric Design • Intersection Modifications • Access Management Initiatives • Additional Turn Lanes • Motorist Assistance Program Funding • Pavement Markings • Signs and Lighting Upgrade • Streetscape Improvements • Tourist Transportation Plan • Traffic Signal Timing Optimization • Variable /Dynamic Message Signs • Vehicle Detectors Repair /Replacement A significant component of the MTP is identifying revenues to fund the proposed projects in the plan, otherwise referred to as "fiscal constraint." In 2013, North Carolina enacted the Strategic Transportation Investment (STI) legislation that requires transportation officials "...to use existing resources more efficiently and effectively and to help us move forward more quickly with important [transportation] projects..." The STI considers past trends and expected future growth as part of its funding criteria for allocating transportation dollars throughout the state. As a result, the WMPO adopted revenue assumptions that align with the STI legislation. Transportation projects included in the 2040 MTP are funded, primarily by the United States Department of Transportation (USDOT) and NCDOT. Board of Commissioners - August 17, 2015 Wilmington Urban Area Metropolitan Planning Organization ITEM: 4 - 2 - 34 xxix Cape Fear Transportation 2040 EXECUTIVE SUMMARY Public Involvement Public involvement was a key component of developing the MTP, and the transportation planning process generally. Many public outreach opportunities were provided during the 2040 MTP update process, including public open houses, public surveys, presentations, and specific activities to engage traditionally underserved populations. In addition, the WMPO built a specific website to address the development of Cape Fear Transportation 2040 to allow for additional public comment (http: / /tranportation 2040.org.) More specifically, the Citizens Advisory Committee (CAC) guided the development of a three - pronged approach to soliciting and integrating public input for the development of Cape Fear Transportation 2040. 1. Initial Outreach Efforts - Before defining the transportation needs for the Greater Wilmington Ar -ea; CAC directed staff to develop methods that would reach the broad spectrum of people in the Greater Wilmington Area (1) to educate them on the development of Cape Fear Transportation 2040 and (2) to solicit feedback on current and future transportation needs. 2. Outreach Efforts to Solicit Proposal Feedback - Before finalizing the draft plan; CAC directed staff to develop methods that would reach the broad spectrum of people in the Greater Wilmington Area (1) to solicit general feedback on the draft plan and (2) to ascertain whether the draft plan represented the desired projects within the fiscal constraint of the document. 3. Ongoing Public Outreach Efforts - The CAC also directed that there be opportunities for the general public to learn about the development of Cape Fear Transportation 2040 and to provide feedback throughout its development. Environmental Justice Environmental Justice (EJ) is a process that ensures federal resources are being directed to projects of all modes in a manner that does not unreasonably burden, or deny the benefits of a transportation investment to specific communities based on ethnicity, race, or income. Environmental justice within the WMPO MTP is based on three fundamental principles derived from guidance issued by the USDOT: To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low- income populations. • To ensure the full and fair participation by all potentially affected communities in the transportation decision - making process. • To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low- income populations. Projects included in Cape Fear Transportation 2040 were assessed for their collective Board of Commissioners - August 17, 2015 xxx ITEM: 4 - 2 - 35 Wilmington Urban Area Metropolitan Planning Organization NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Sharon Huffman, Deputy County Attorney CONTACT(S): Sharon Huffman SUBJECT: Sanders Settlement BRIEF SUMMARY: The Sanders v. New Hanover County lawsuit was resolved by payment of $5,000 to Stacy Sanders. A copy of the Settlement Agreement and Release is provided. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: No action requested. The information must be published for public record and included in the Board's official minutes. ATTACHMENTS: Settlement Agreement and Release COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) No action required. The information will be included in the Board's official minutes. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 5 SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, STACY SANDERS (hereinafter referred to as "Releasors "), for and in consideration of the sum of FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00), the receipt and sufficiency of which is hereby acknowledged, do hereby release and discharge and by these presents do for myself, my heirs, executors, administrators AND assigns, release, acquit and forever discharge THE OFFICE OF THE NEW HANOVER COUNTY SHERIFF, SHERIFF ED MCMAHON, NEW HANOVER COUNTY and TRINITY SERVICES GROUP, INC. and their insurers, agents, employees, successors and assigns, and their servants, agents, employees, heirs, executors, administrators, legal representatives, insurers, successors and assigns, and each of them respectively and all other persons, insurance carriers, firms, corporations, associations and estates (hereinafter referred to individually and severally as "Releasees "), from any and all liability now accrued or hereafter to accrue on account of any and all claims, demands, and causes of action presently existing, whether known or unknown, asserted or unasserted, which the undersigned now has or may hereafter have against the aforesaid Releasees, and any and all claims for compensation or benefits, damages, attorneys' fees or other sums allegedly due thereunder and, by virtue of these presents, do hereby fully release and forever discharge each of them from any and all actions and causes of action, including, but not limited to, claims, actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, variances, trespasses, damages, judgments, executions, medical/hospital expenses, demands, costs, loss of services, loss of earnings and earning potential, loss of consortium, expenses, attorneys' fees, compensation and all consequential damages, damages for emotional distress, or punitive damages, for any claims /damages resulting or arising out of any and all allegations of any nature including those contained in the Complaint referenced in that suit currently pending in New Hanover County Superior Court bearing File No. 15 CVS 508. REPRESENTATIONS And for consideration aforesaid, STACY SANDERS by executing this Settlement Agreement and Release hereby represent, covenant and agree as follows: 1. CONSIDERATION: That I hereby expressly state that the consideration referred to above and the additional consideration set forth below are in full payment for this Settlement Agreement and Release. There is no understanding or agreement of any kind for any further or future consideration whatsoever, either implied and /or expected. 2. VOLUNTARY EXECUTION: That I have not been influenced or coerced in any manner or to any extent to execute this Settlement Agreement and Release by any representations or statements of the Releasees regarding any matters, and I have voluntarily executed same. 3. ADVICE OF COUNSEL: That I have had the benefit and advice of counsel of my own attorney; and that I fully understand the terms of this Settlement Agreement and Release; and that I have been advised by my attorney that I am making full and final settlement of all claims of every nature and character against the persons, entities, agents or estates hereby released. Board of Commissioners - August 17, 2015 ITEM: 5 - 1 - 1 4. FINAL SETTLEMENT: That I do voluntarily accept the aforesaid sums for the purpose of making a full and final compromise, adjustment and settlement of all claims against the parties, entities, agents or estates hereby released, past, present and future, and including any and all claims upon our death, by our beneficiaries, spouse, dependents, heirs, children, estate and legal representatives, and all other persons, and further acknowledge my understanding that, upon the execution of this document, I discharge any and all claims on my behalf. 5. FULL UNDERSTANDING: I hereby declare that I am eighteen (18) years of age or over and that I suffer from no legal disabilities or mental/physical disabilities which would disable me from executing this Settlement Agreement and Release. I further state that I have not taken any drug or medication prior to the execution of this Settlement Agreement and Release which would prevent me from understanding the terms herein. 6. CAREFUL READING: I have carefully read the foregoing Settlement Agreement and Release and know and understand the contents thereof and I execute the same as my own free act. This Settlement Agreement and Release has been fully explained to me by my attorney. 7. SPECIFIC REPRESENTATION AS TO LIENS: To induce the parties hereby released to pay the aforesaid consideration, I simultaneously represent that there are not any outstanding liens, claims subrogation/trust agreement, recorded or unrecorded, or medical/hospital/workers compensation/social security /government claims or liens (county, state, or federal) or other related bills or invoices as a result of this incident/accident for which the Releasees are or could be responsible /liable therefore, and further represent that any such lien/claim has been previously paid and /or satisfied, or we (the undersigned) represent that same will be paid from the settlement proceeds by my attorney prior to disbursement to me. 8. CONFIDENTIALITY: The parties hereby agree that, to the extent permitted by North Carolina law, they will not discuss this Settlement Agreement or the terms contained herein to any third party. This provision does not apply to those individuals to whom legal obligations to report said settlement may exist. 9. DISMISSAL WITH PREJUDICE: I have caused the claims in the action hereinabove referred against Releasees to be dismissed with prejudice by proper order of Court or a filed voluntary dismissal, each party to bear their own costs and attorney's fees, and same is intended to be dismissed with prejudice by Plaintiff, which will prohibit the undersigned or my assigns, or successors in interest, or any other person or entity from ever holding the Releasees liable or responsible. 10. ORIGINALS: This Settlement Agreement and Release may be signed in one or more counterparts, each of which, when executed with the same formality and in the same manner as the original, shall constitute an original. 11. NO ADMISSION OF LIABILITY: I understand that this settlement is a compromise of a doubtful and disputed claim, and that payment is not to be construed as an admission of liability or fault on the part of the persons, firms, organizations, entities and corporations hereby released, by whom liability is expressly denied. F1 Board of Commissioners - August 17, 2015 ITEM: 5 - 1 - 2 This Settlement Agreement and Release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Settlement Agreement and Release are contractual and not a mere recital. WITNESS MY HAND AND SEAL this the�4b day of Aple, P 2015. STACY SA = RS SIGNS , SEALED AND DELIVERED in the presence of: WI'1 ADDRESS STATE OF NORTH CAROLINA COUNTY OF �' ,Vl I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, in the State and County aforesaid, STACY SANDERS to me well known to be the person described in and who executed the foregoing GENERAL RELEASE, and she acknowledged before me and the witness whose signature appears hereinabove that she read and fully understands its contents; that by this instrument STACY SANDERS thereby releases all claims against the Releasees and has agreed to hold harmless and indemnify said Releasees (as set forth hereinabove) and thereupon the said STACY SANDERS duly executed this instrument in my presence as her free act and deed, and for the sole consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at P Q, Y)6Ar County, on this day of _ .2015. Notary ILS ©N FIGGINS Y Public, C CDU Norrltth Ctjriilf �a yd ��+' [iR }n7i551[] �r�?'ffL�S NOTARY PUBLIC My commission expires: Board of Commissioners - August 17, 2015 ITEM: 5 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Ryan Estes, Treatment Operations Director, Coastal Horizons Center CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval for New Hanover County to Act as the Applicant Agency for Coastal Horizons Center, Inc. to Accept Grant Funding from the Juvenile Crime Prevention Council of North Carolina BRIEF SUMMARY: Coastal Horizons Center, Inc. has been awarded a one -time grant from the Juvenile Crime Prevention Council (JCPC) of North Carolina in the amount of $78,000. The funding will be used for Coastal Horizons Center's Intensive Family Preservation Services Program. The grant will flow - through New Hanover County, however, there is no County match required. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept flow - through grant funding from the Juvenile Crime Prevention Council of North Carolina for Coastal Horizons Center, Inc. in the amount of $78,000. ATTACHMENTS: Coastal Horizons Center, Inc. Request JCPC Award NHC JCPC Letter of Support COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 6 COASTAL HORIZONS CENTER, INC. —Mm9i;; "Promoting choices for healthier lives and sa /er contmunir _s" Margaret Weller- Stargell President and CEO July 13th 2015 New Hanover County Commissioners Crisis Line Hotline 230 Government Center Drive Corporate Headquarters Commissioners' meeting to be considered for approval of a pass- through grant. Willie Stargell Office Park Suite 175 615 Shipyard Blvd. Wilmington, NC 28403 Wilmington, NC 28412 Prevention Council of North Carolina for our Intensive Family Preservation Services ce Brunswick Office Outpatient Treatment Attn: Ms. Teresa Hewett Administration Juvenile Justice. (910) 790 -0187 (910) 790 -0189 Fax Dear Ms. Hewett: Crisis Line Hotline Please accept this letter as a request to be placed on a future New Hanover County First Call for Help Open House youth Services Commissioners' meeting to be considered for approval of a pass- through grant. Rape Crisis Center - NewHanover Coastal Horizons Center, Inc. hopes to accept funding under the Juvenile Crime 800 -672 -2903 Alternatives to Commitment grant. This grant was awarded as a one -time amount for (910) 392 -6936 Prevention Council of North Carolina for our Intensive Family Preservation Services (910) 392 -0628 Fax Program in the form of a grant recently awarded by the state New Hanover Horizons Center Inc. under the endorsement of the local Juvenile Crime anent Outpatient Treatment Treatment � (910) 343 -0145 Prevention Council was awarded funding in the amount of $78,000 through the (910) 341 -5779 Fax Alternatives to Commitment grant. This grant was awarded as a one -time amount for Y 15 -16 with the ability to reapply for future years. The funding will be used to ce Brunswick Office Outpatient Treatment address service gaps for youth involved with our local office of the Division of (910) 754 -4515 Juvenile Justice. Rape Crisis Center - Brunswick (910) 754 -7949 (910) 754 -7997 Fax Coastal Horizons Center has been providing a continuum of quality services for over 45 years. As a nationally accredited organization through CARF, and certified by the Pender Office State of North Carolina as a Critical Access Behavioral Health Agency (CABHA), Outpatient Treatment (910) 259 -0668 we are committed to our mission of promoting healthier lives and safer communities (910) 2594526 Fax by providing a continuum of professional services for prevention, crisis intervention, sexual assault victims, criminal justice alternatives, and treatment of substance use Prevention Services and mental health disorders. (910) 202 -0840 (910) 202 -0843 Fax Outdoor Adventure Attached ou will find a co of the endorsement letter, and well as the notification y copy (910) 392 -7306 of award letter. I can make myself available for any further questions, and will intend to be available for any potential questions at an upcoming board meeting. TAW - New Hanover Day Sentencing Center (910) 762 -5333 (910) 341 -5783 Fax Sincerely, TASC RCE Region 1 (252) 638-3909 (252) 638 -3394 Fax Ryan Estes, LCSW, LCAS Treatment Operations Director TASC RCE Region 2 (910)321 -6793 Coastal Horizons Center (910) 321 -6703 Fax 615 Shipyard Blvd., Wilmington, NC 28412 (910 343 -0145 Phone / (910) 341 -5779 Fax NC TASC Training Institute restes(ccoastalhorizons.org � (910)202 -5500 eta (910) 202 -0480 Fax r CARF - International Accreditation for Quality CABHA - Critical Access Behavioral Health Agency NVXVNV 14„0�tnlhori7l)11.4)r6 ty/6 Board of Commissioners - August 17, 2015 ITEM: 6 -1 -1 B L I 093 North Carolina Department of Public Safety Division of Adult Correction and Juvenile Justice - Juvenile Community Programs Pat McCrory, Governor W. David Guice, Commissioner Frank L. Perry, Secretary William Lassiter, Deputy Commissioner June 19, 2015 S. Ryan Estes Coastal Horizons Center, Inc. 615 Shipyard Blvd. Wilmington, NC 28412 Dear Mr. Estes, Thank you for your application to provide services to youth and families in New Hanover County through the Alternatives to Commitment Program (ACP) Request for Proposal process. We congratulate you on your selection to provide ACP services for FY 2015 -16. You are awarded $78,000 for FY 2015 -2016 (contingent upon available funds and the addressing any items on the application identified by the review team). Your Area Consultant, Jesse Riggs, will provide you feedback on your application early next week including identifying any needed changes. The assigned Area Consultant is your liaison with Community Programs for this project, and will provide you orientation to DPS juvenile community programming policies, and to the Client Tracking process in NCALLIES, as well as other support and technical assistance as needed. The contact information for your Area Consultant is listed below: Jesse Riggs lesse.riggsancdps.gov 252 - 355 -9013 (office) 252 - 916 -2156 (cell) Please edit your Alternatives to Commitment Program Agreement in NCALLIES to align with the amount of your award, if needed. Also include edits required as identified by the review team. All edits must be completed with a program agreement submission in NCALLIES by June 26, 2015 in order to receive a July, 2015 disbursement. As a partner in our efforts to serve a targeted population, we wish to ensure that the focus of your work is on the following targeted population: • Juvenile court referred Level II youth re- entering the community on community placement or Post Release Supervision (PRS); or • Juvenile court referred Level II youth who are most at -risk of a commitment to a YDC; or • Juvenile court referred Level III or Level II youth re- entering the community from a residential or out of home placement. Outcomes for this targeted population are stringently tracked, published annually and reported to the legislature. Please know that we wish to offer continued assistance to you in our efforts to support the work that you are MAILING ADDRESS: Juvenile Community Programs 4212 Mail Service Center Raleigh, NC 27699 -4212 www.ncdps.gov �ATF r t ,U < t � An Equal Opportunity Employer Board of Commissioners - August 17, 2015 ITEM: 6 - 2 - 1 STATE OFFICE LOCATION: Juvenile Community Programs 3010 Hammond Business Place Raleigh, NC 27603 Telephone: (919) 733 -3388 doing. It is our plan to offer training opportunities during the next fiscal year on various topics that will enhance service delivery and reporting. Again, congratulations on your award of funds to provide a needed service as an alternative to commitment for some of our state's most at -risk juveniles. We commend your efforts to engage in this partnership with us to provide effective services to these youth and their families. We look forward to our continued efforts to improve the quality of the lives of those youth and families that we serve. Sincerely, Cindy Porterfield Director Juvenile Community Programs Division of Adult Correction and Juvenile Justice cc: Area Consultant Lead Area Consultant JCPC Chairperson Chief Court Counselor Area Administrator Board of Commissioners - August 17, 2015 ITEM: 6 - 2 - 2 New Hanover County NORTH+CAROI,INA April 20, 2015 Mr. Jesse Riggs Eastern Area Consultant Department of Public Safety 2241 Dickinson Avenue Greenville, NC 27834 Dear Mr. Riggs: JUVENILE CRIME PREVENTION COUNCIL 230 Government Center Drive Suite 195 Wilmington, North Carolina 28403 The New Hanover County Juvenile Crime Prevention Council (JCPC) is pleased to commit to the Home Builders Grant submitted by Coastal Horizons. Coastal Horizons is a leader in providing family counseling services. They have been a huge support and partner of the Division of juvenile Justice and actively involved, in many capacities, with the JCPC and community for decades. They have the shown ability to start up new programs through good leadership and forming collaborative partnerships with various agencies. The main mission of the JCPC is to assess the needs of at -risk, delinquent and adjudicated juveniles and their families by providing them with services and programs designed to decrease the recidivism rate and prevent youth from entering the juvenile Justice System. Coastal Horizons's Home Builders program meets all the qualifications as outlined with the County- Plan of Action. Without programs such as Home Builders, many of the youth and families would not have the opportunities and experiences they need to become productive citizens in the community. Sincerely, Nod ella Frieslander Chairman New Hanover County Juvenile Crime Prevention Council NFlwld Board of Commissioners - August 17, 2015 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Grant Vick, Fire Captain; Carrie Buttles, Purchasing Agent SUBJECT: Adoption of a Resolution to Dispose of Surplus Property Specific to Fire Services and Wave Transit According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 BRIEF SUMMARY: Chapter 160A Article 12 of the North Carolina General Statutes governs the sale and disposition of surplus property. Currently, the County has certain supplies, materials, equipment, and apparatus that are surplus to its operations. A complete list of these items including a description is attached as Exhibit "A." These items are primarily surplus items from Fire Services, but also included is one Wave Transit van. While the County holds the title to this van, due to the grant funding used to purchase it, proceeds generated from the sale of the van must be used for transportation and thus will be remitted to Wave Transit. Staff proposes to dispose of this personal property according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet based provider servicing governmental entities. Any items not sold electronically may be disposed of by any other method authorized by the Statutes including discarding. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Resolution Exhibit A- Surplus Property COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - August 17, 2015 ITEM: 7 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on the attached Exhibit A that are no longer functional for governmental purposes by the County; and WHEREAS, the referenced property is determined to be obsolete, outdated, damaged, or has been replaced according to the County's replacement policy covering certain equipment; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring this property surplus and disposing of as authorized by North Carolina General Statute (NCGS) 160A- Articlel2; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according to the procedures prescribed in NCGS 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic means will be disposed of using any other method authorized in the NCGS 160A- Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the equipment attached in Exhibit A be declared surplus property. 2. That the Finance Director's designated representative, pursuant to the provisions of G.S. 160A -270 (c), is hereby authorized to dispose of the personal property listed in Exhibit A. 3. All surplus property will be sold "as is" and all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 4. That County staff is directed to process any required documents to complete the transaction. 5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the County's website at least ten (10) days prior to the electronic auction. ADOPTED this 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 7 - 1 - 1 Ln O N t n ci 7 OA 7 Q Board of Commissioners - August 17, 2015 ITEM: 7 - 2 - 1 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 70 a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ a/ o E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E Q f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 p Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c Y c c E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E O f0 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _L 7 _Q 7 _Q 7 _Q 7 _Q 7 _L 7 _Q 7 _Q 7 _Q 7 _Q 7 _L 7 _Q 7 _Q 7 _Q 7 _Q 7 _L 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 _Q 7 a/ O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' O' Y V N N L c N p O ci -0 p M °° — c .Y O fa ° J 'n 7 U 0 N o2S i 0 0 N z D ea O 3 -2 `o a o aa) v� v o 'n t o p =� O_ E N 3 a) = a/ n a 3 = Y c O L > fa Y ' 2 Y > 3 a/ a) t O 'n 'O N O U/ ,A2 'n fn 7 = O L p m VI O c CO a/ E Ln M ac): v Q a> Y O Y `n Y o > >° M 0m ° Y -° Y hc0 E h0 v 3 °° W w 0 > >? N o o O_ E v 'O ° t v v a Y 3 U 'n Y 0 t o > 0 Y L a, O 0 O Y° c o t v 3 c o 3 >°° o E v °—° v a v U v v ° a— U Y 3 0> o c v zr 'O O O_ V c N 7 O LL a/ �_ c a/ V -p 0 Q N w al fu a/ c p In Y c U O \ h00 tj ea p 0 fa Y D i fo 0 fa al fo O fo x fa E — — p v '� 'n fo O_ t x LL ai c O O- t ai D >, i °- (7 t °° vVi O Q (7 c �' 'n �/1 O Y 'O Y -O 'n 'n ci i0 N p W YVI U U C fn N U 0 w a/ X 'n — '� O � al 7 - > O >, fo fo ff, c ._ � O O al al O fo 'n 7 O O O D w Q H LL � Q 2 2 2 (7 C7 Q (7 w D U U 2 'n v Q LL N !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n !n Y c U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L U •L w 0 Q > M c O .Y V 7 Q Board of Commissioners - August 17, 2015 ITEM: 7 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Cliff Robinson, Deputy Fire Chief or Donnie Hall SUBJECT: Approval to Purchase a Replacement Fire Pumper in the Amount of $594,022 from Atlantic Emergency Solutions and to Sell a 2005 E -One Fire Engine as Approved in the FY15 -16 Budget BRIEF SUMMARY: Fire Services requests consideration of approval to purchase one replacement 2016 Pierce Enforcer PUC Pumper Truck in the amount of $594,022 as approved in the FY16 budget. A $24,522 discount will be realized with prepayment within 15 days of contract acceptance. The discount will bring the actual cost to $569,500. The apparatus will be purchased using approved budgeted funds. The apparatus is being purchased using an exception to the formal bidding requirements. NCGS 143 -129 (e) (3) exempt purchases made through a competitive bidding group purchasing program, which is a formally organized program that offers competitively obtained purchasing services at discount prices to two or more public agencies. The Houston Galveston Council (HGAC) meets this requirement and currently has a contract with Atlantic Emergency Solutions who will contract with Pierce Manufacturing for construction of the apparatus per provided specifications. The specifications include a Performance Bond equal to 100% of the total contract amount. The bond will be in a form acceptable to New Hanover County and issued by a surety company. The truck is to be delivered to New Hanover County within 10 months upon receipt of order and acceptance. The department is also requesting that the Board declare a 2005 E -One Engine as surplus property and authorize its disposal according to NCGS 160 A- Article 12 which governs the disposal of surplus property. This apparatus has been in service since May 5, 2006 and has reached the end of its useful life. It is no longer fiscally responsible to maintain this apparatus. This apparatus was designed and ordered by volunteer fire corporation the County previously contracted with. The engine has design deficiencies that are not consistent with the apparatus the County currently utilizes. The reliability of the unit caused the fire department to remove the unit from service. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the purchase of one 2016 Pierce Enforcer PUC Pumper Truck and approve the sale of a 2005 E -One Cyclone Engine according to policy. ATTACHMENTS: Board of Commissioners - August 17, 2015 ITEM: 8 Resolution AES Firetruck Proposal COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION PURCHASE OF NEW FIRE TRUCK USING THE EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS AND DISPOSAL OF A 2006 E -ONE CYCLONE FIRE ENGINE WHEREAS, Fire Services requests approval to purchase a Pierce Enforcer PUC Pumper Truck to replace a 2005 E -One Cyclone Engine Truck that has been in service since May 5, 2006 which has reached the end of its useful life; and WHEREAS, the purchase was approved in the FYI budget; and WHEREAS, this truck will be purchased using an exception to the formal bidding requirements, NCGS 143 -129 (e)(3) which exempts purchases made through a competitive bidding group purchasing program which is a formally organized program that offers competitively obtained purchasing services at discount prices to two or more public agencies; and WHEREAS, the Houston - Galveston Area Council (H -GAC) meets this requirement and currently has a contract with American Emergency Solutions, an authorized distributor of Pierce equipment and Pierce Manufacturing will construct the truck per provided specifications; and WHEREAS, the Department is also requesting that the Board declare a 2005 E -One Cyclone Engine Truck surplus property and authorize its disposal after receipt of the new truck according to NCGS 160 A- Article 12 which governs the disposal of surplus property. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the purchase of the Pierce Enforcer PUC Pumper Truck under the exception as provided and authorized; and BE IT FURTHER RESOLVED THAT the 2005 E -One Cyclone Engine Truck is hereby declared to be surplus property and that the Finance Director's designated representative is hereby authorized to dispose of the personal property by any method authorized by the NCGS 160A- Article 12, and that said representative be further authorized and directed to execute necessary documents, transfer title, and perform all necessary functions associated with this disposal. ADOPTED this 17th day of August, 2015 NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 8 - 1 - 1 A7LA OIC EMERGENCY V SOLUTIONS PROPOSAL FOR FURNISHING FIRE APPARATUS New Hanover County Fire Service July 21, 2015 Department of Fire Service 230 Government Center Drive #130 Wilmington, NC 28403 The undersigned is prepared to supply for you, upon an order being placed by you, for final acceptance by Atlantic Emergency Solutions and Pierce Manufacturing, Inc., the apparatus and equipment herein named and for the following prices: One (1) 2016 Pierce Enforcer PUC Pumper This truck is quoted off of HGAC pricing. $ 594,022.00 Said apparatus and equipment are to be built and shipped in accordance with specifications hereto attached. Delays due to strikes, war, or intentional conflict, failures to materials or other causes beyond our control not preventing, within about 9 -10 months after receipt of this order and the acceptance thereof and to be delivered to you at New Hanover County Fire Service. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus confirms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased cost incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 45 days from date, the right is reserved to withdraw this proposition. Atlantic Emergency Solutions By: Wade Farrior, Regional Account Mgr. ---- .- ---- -- PC AS'o RM. L�KC No OTHC w' Board of Commissioners - August 17, 2015 ITEM: 8 - 2 - 1 A7LA EMERGENCY SOLUTIONS July 21, 2015 Chief Donnie Hall New Hanover County Fire Department 230 Marketplace Drive Wilmington, NC 28401 Dear Chief Hall, I have provided with this letter the proposal sheet for the Pierce Enforcer PUC pumper. Also, you will find the HGAC Contract Work Sheets that are needed to order off of the HGAC contract. The unit prices and discounts are below. Enforcer PUC pumper $594,022.00 100% Pre pay 15 days from contract, deduct - $24,522.00 Total after discount and adding cost of performance bond $569,500.00 The final total with discounts deducted will be $569,500.00. The quoted delivery time is 9 -10 months on the pumper after the order is placed. There is travel for4 people on the first trip and 3 people on the last trip. The purchase order should be made out to Atlantic Emergency Solutions, 12351 Randolph Ridge Lane, Manassas, VA 20109. If you need any further information please let us know. Sincerely, Wade M. Farrior Regional Account Manager 12351 Randolph Ridge Lane • Manassas, VA 20109 • Office: 703.393.9911 • Toll Free: 800.442.9700 www.atlanticemergency.com Board of Commissioners - August 17, 2015 ITEM: 8 - 2 - 2 Board of Commissioners - August 17, 2015 ITEM: 8 - 2 - 3 Pulse Published n ublished Number Oty Description - Truck one Options O tions 102 1 Exhaust extension Plymo or Nederman $253.00 105 1 Silicone Hoses $654.00 106 1 TAK -4 suspension $12,352.00 201 1 Additional Speaker $911.00 202 1 Aluminum Wheels, Front $1,751.00 203 1 Aluminum Wheels single axle $2,701.00 205 1 Electric Windows $871.00 208 1 Headset system ( up to 6 positions, 2 with radio and cables) $5,562.00 210 4 Upgrade SCBA Bracket to hands free $2,596.00 211 1 Camera System, sides and rear with Monitor $1,817.00 212 1 Raised Roof, Custom cab $1,903.00 214 1 Q213 Siren $3,547.00 215 1 Saftey System $8,574.00 226 1 Air Horns with 2 foot swithces $1,389.00 229 1 GTT Emitter Roof /remote mounted $2,309.00 231 1 As Built Electrical Drawings pumper $3,904.00 309 1 Pierce Husky 12 single a ent 5 discharges $19,137.00 313 1 Foam Cell 20 gallons $1,331.00 401 1 add front suction inlet 4 -6" $6,147.00 402 1 Add Front bumper line (including Hose tray and cover $2,886.00 403 1 Add 19" Extended Bumper $2,346.00 407 1 add deluge riser $1,778.00 408 1 Add pump anodes Pair $299.00 415 1 Each Additional Transverse Preconnect 2.5" to 3" $2,816.00 417 1 Hose reel, rear compartment w/150' hose $3,125.00 420 1 increase pump from 1250 to 1500 gpm $5,014.00 427 1 air horn at activation pump panel $156.00 429 1 Extenda gun 12" $3,461.00 432 1 Tank Level Gua es, Side of Cab/Body $1,772.00 450 1 Electric Cord Reel with 200' of 10/3 $1,852.00 453 1 Hose bed cover, aluminum $5,834.00 460 4 Roof compartments, each $11,916.00 461 1 Adjustable compartment shelves 6 $960.00 462 1 swing-out tool board $1,741.00 464 2 Adjustable slide out tray $1,578.00 466 1 Traffic Directing light bar $1,435.00 477 1 Auto eject 20 am $458.00 480 1 Kussmaul Pump plus 1200 charger $2,256.00 481 1 LED Compartment Lighting FRC 7 compartments) $2,668.00 482 1 LED under cab/body lighting $1,791.00 483 1 12 volt LED brow light $1,762.00 484 2 12 Volt LED Recessed or surface (per Light) $3,478.00 485 4 12 Volt LED pole light $7,656.00 486 3 SCBA Cylinder storage in fender panel double each $2,286.00 488 1 PUC Body configuration $11,290.00 559 1 6 KW hydraulic generator $16,076.00 562 1 Deck gun with tips, manual $4,532.00 815 1 Increase booster tank to : 1000 gallon $1,275.00 974 1 Ladder storage next to tank $2,478.00 977 1 LED Emergency light package $6,479.00 978 1 Changing from Arrow XT to Enforcer $20,000.00 NHC1 1 100% prepay discount $24,522.00 Board of Commissioners - August 17, 2015 ITEM: 8 - 2 - 4 NHC2 1 New Hanover graphic package $5,602.00 NHC3 1 extended engine warranty $2,696.00 NHC4 2 EMS compartments $596,241.00 $6,720.00 NHC5 1 configuration discount Unpublished Options $2,262.00 NHC6 4 Upgrade to dual head LED Pole lights $3,025.00 Base Bid $405,078.00 Published Options $191,163.00 Total Published Options $596,241.00 Unpublished Options $28,741.00 -4.82% Total Options w/o HGAC Fee $567,500.00 Board of Commissioners - August 17, 2015 ITEM: 8 - 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Museum PRESENTER(S): Sheryl Mays, Cape Fear Museum Director CONTACT(S): Sheryl Mays and Tim Burgess, Assistant County Manager SUBJECT: Adoption of Resolution for Naming of New Museum Park, Formerly Outdoor Learning Environment BRIEF SUMMARY: In FY 15 -16, New Hanover County will be opening a new community park adjacent to Cape Fear Museum. This park features hands -on exhibits, gardens featuring native and adaptive plants, and historic maritime objects and images. Museum staff will provide educational activities for visitors to the park. In addition, its interconnected landscape and interactive exhibits will introduce visitors to some of the ways that people have interacted with the region's land and water resources through time and how these interactions have shaped the history of the Lower Cape Fear region. The new park is scheduled to open September 25, 2015. The Museum staff is following the model adopted for naming library branches and Parks and Gardens facilities which provides uniformity in the names and identity in their locations. Staff proposes the official name for the park to be the "New Hanover County Cape Fear Museum Park ". STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NAMING OF CAPE FEAR MUSEUM PARK WHEREAS, New Hanover County will be opening a new community park adjacent to Cape Fear Museum in FY 15 -16; and WHEREAS, the community park will feature hands -on exhibits, gardens featuring native and adaptive plants, and historic maritime objects and images. Cape Fear Museum staff will provide educational activities for visitors to the park; and WHEREAS, the community park's interconnected landscape and interactive exhibits will introduce visitors to some of the ways that people have interacted with the region's land and water resources through time and how these interactions have shaped the history of the Lower Cape Fear region; and WHEREAS, the community park is scheduled to open September 25, 2015 and will need an official name. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the official name of the community park will be the "New Hanover County Cape Fear Museum Park ". ADOPTED, this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Museum PRESENTER(S): Barbara L. Rowe, Museum Curator CONTACT(s): Barbara L. Rowe SUBJECT: Approval of Four Donations for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval are four donations to be added to the Museum's permanent collection. Donations are carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the Director and Collections Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeting on July 15, 2015. Each item offered has a special story to preserve. From an 1854 Cape Fear coast survey map, to a call sheet from a locally filmed television series, the objects document 300 years of the region's stories. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Move to accept four donations of regional artifacts into the Cape Fear Museum Permanent Collection. ATTACHMENTS: Accession Chart COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 10 O P� t^ b�A cz O O O O U U a� z N O N '.O N U O � U U O � • � N O� N � z� o C�j W _cG N U CG U U N N � O U A N p 'C�j C N C�j En U O O N cd CA cd W b�AU O N O CA W U N C�j CA �q Bo Sof Commissioners - August 17, 2 ITEM: 10-1 -1 00 — oA 0 P� t^ cz 0 0 a 0 0 ommissioners - August 17, 2015 ITEM: 10- 1 - 2 CG U _O '.O O N O H N \ O U � w � zo � a� Q nTi � 9 O A yH � ,Sy U � i F � ova w r� A o Board of ON ommissioners - August 17, 2015 ITEM: 10- 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Register of Deeds PRESENTER(S): Tammy T. Beasley, Registrar CONTACT(S): Tammy T. Beasley SUBJECT: Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books BRIEF SUMMARY: Register of Deeds Tammy T. Beasley requests a resolution for the removal of record books from the registry for repair, restoration and rebinding, per G.S. 132 -7. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Register of Deeds Resolution Kofile Inc Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND REBINDING OF REGISTER OF DEEDS RECORDS AND MAPS WHEREAS, North Carolina General Statute 132 -7 provides that Board of County Commissioners of any county may authorize that any county records in need of repair, restoration or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Deed Books 213, 531, 788, 814, 831, 840, 845, 851, 855, 864, 879, and 213 are in desperate and dire need of repair, restoration and rebinding due to years of constant handling and use; and WHEREAS, it is our obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract with Kofile, Inc. to deacidify, encapsulate, mend and rebind New Hanover County Deed Books 213, 531, 788, 814, 831, 840, 845, 851, 855, 864, 879, and 213. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County Register of Deeds, to remove New Hanover County Deed Books 213, 531, 788, 814, 831, 840, 845, 851, 855, 864, 879, and 213 from the New Hanover County Registry for the purposes of repair, restoration and rebinding by Kofile, Inc. ADOPTED this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 11-1 -1 KOF 1 L F. INC. RECORDSAVE March 13, 2015 New Hanover County Tammy Beasley, Register of Deeds 216 N. Second Street Wilmington, NC 28401 Dear Ms. Beasley, Please find enclosed the results of my recent survey of your records with reference to mold remediation and conservation. Our recommendations for the conservation of your records include deacidification if appropriate, mending and reinforcement of paper as necessary (with repair or replacement of index tabs where indicated) resewing, flattening, rebinding or archival grade polyester encapsulation, as appropriate. The deacidification process, which halts the inevitable self - destruction of acidic paper, should be considered whenever conservation or even long term storage of unique records is evaluated. Kofile Preservation has specialized in the deacidification (chemical treatment) and repair of public records since 1974. During this time we have performed conservation services for over 3000 municipal and county records management facilities. Deacidification is performed with non - aqueous magnesium oxide (Bookkeeper). All pressure sensitive materials are removed. Mending is done using Japanese tissue and reversible adhesives. Books are resewn with linen thread and bound in leather or other cover material of choice using acid -free materials and easily reversible adhesives. Where appropriate, archival grade polyester envelope encapsulation with placement of materials into custom post binders replaces rebinding. Please contact us at 804 -564 -1231 with any questions or comments or to arrange transportation of your documents. Sincerely, 4� / eo�L Greg Brooks 6300 Cedar Springs Road Dallas Tx. 75354 800- 639 -3027 214 - 351-4800 Fax: 214- 442 -6669 www,kofilems Board of Commissioners - August 17, 2015 ITEM: 11- 2 - 1 Conservation Proposal New Hanover County Register of Deeds March 13, 2015 Title Conservation Scan Record of Deeds 213 $2,195 $250 Record of Deeds 531 $2,195 $250 Record of Deeds 788 $2,195 $250 Record of Deeds 814 $2,195 $250 Record of Deeds 831 $2,195 $250 Record of Deeds 840 $2,195 $250 Record of Deeds 845 $2,195 $250 Record of Deeds 851 $2,195 $250 Record of Deeds 855 $2,195 $250 Record of Deeds 854 $2,195 $250 Record of Deeds 879 $2,195 250 Total $24,145 $2,750 Condition and Treatment: An active mold outbreak occurred in July 2014 that affected 21 volumes of New Hanover county permanent record books stored at the Wilmington Records Center. All of the records listed sustained water damage. As a result of this damage, many sheets are stained and cockled. Cackled sheets will require humidification or other appropriate means of flattening to restore them to their original stature. Exposure to water has also caused a few of the sheets to adhere to one another. The water damage has also compromised the archival nature of the binders as they have all developed rust. Rust or corrosion is one of several factors that contribute to the chemical breakdown of volumes and documents. This is due to the off - gassing of the deteriorating metal rust. Off-gasses will eventually completely destroy the fabric of the volume and sheets. It is for this reason that we recommend mold remediation, appropriate treatment of the sheets for water damage, and replacement of all record binders. Pages to be placed into envelopes of 2 mil archival grade polyester with infrared welded seams, (three sided seal). Envelopes to be placed into full canvas post binders with county seal and dedication printed on front covers. Scanning: Software will be utilized to ensure optimum image quality. Documents all vary slightly in size and density, custom programming will be used to ensure uniformity with every mage. Images are captured at a minimum of 300 dpi at 256 gray levels ensuring the highest image quality for documents with poor contrast and difficult to read information. Our use of gray -scale scanning techniques for documents will ensure optimum resolution for each page. As a standard process, all images digitized are accumulated as Group IV bi -tonal images in a standard TIFF format. KOFILE RECORDSAVE One Allen Martin Drive, Essex, VT 05452 800 - 639 -3027 802 -878 -3335 Fax: 802 -878 -0932 www.koftle.us Page 2 of 2 Board of Commissioners - August 17, 2015 ITEM: 11- 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Sheriff PRESENTER(S): Captain Lachlan MacNeish CONTACT(S): Captain Lachlan MacNeish SUBJECT: Adoption of a Resolution Authorizing the Donation of a Surplus 2004 Ford Expedition to Fort Fisher BRIEF SUMMARY: The New Hanover County Sheriffs Office desires to donate a 2004 Ford Expedition that has become surplus to its operations to Fort Fisher. The Expedition has been replaced with a new vehicle. The Ford Expedition will be used by Fort Fisher in their law enforcement division. The vehicle is a 2004 Ford Expedition, VIN # 1FMPU16LX4LA16667 with 112,051 miles with a fair market value of $5,540. Per GS 160A -280, a city or county may donate to another governmental unity within the US, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to donate the Expedition to Fort Fisher and authorize County staff to process any required documents to complete the transaction. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DONATION OF 2004 FORD EXPEDITION TO FORT FISHER WHEREAS, the New Hanover County Sheriff's Office desires to donate a 2004 Ford Expedition that has become surplus to its operations to Fort Fisher. The Expedition has been replaced with a new vehicle; and WHEREAS, pursuant to North Carolina General Statues GS 160A -280, a city or county may donate to another governmental unity within the US, a sister city, or a nonprofit organization incorporated by: (i) the United States, (ii) the District of Columbia, or (iii) one of the United States, any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the 2004 Ford Expedition is declared surplus property. 2. That the donation of the 2004 Ford Expedition to Fort Fisher is approved. 3. That County staff is directed to process any required documents to complete the transaction. ADOPTED this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 12- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 CONSENT DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Allison Snell, Assistant Tax Administrator SUBJECT: Approval of May 2015 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. We are currently holding about the same as this time last year. The report for May 2015 is as follows: New Hanover County Real Property Personal Property Motor Vehicle *(in- house) Overall Collection Rate Total collected YTD Fire District Real Property Personal Property Motor Vehicle *(in- house) Overall Collection Rate Total collected YTD Current Year Prior Year 98.94% 99.06% 93.67% 93.97% 77.40% 89.41% 98.47% 98.32% $162,345,384.53 $155,227,135.77 Current Year 98.89% 94.84% 79.87% 98.45% .�� Prior year 99.13% 95.53% 89.04% 98.31% $8,444,980.31 *Motor Vehicle `in- house' does not reflect any monies collected by the NCDMV. That percentage only reflects the very small number of bills we have to bill at the County level. However, the NCDMV collections are reflected in the total collected YTD figures above. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the May Collection Reports. Board of Commissioners - August 17, 2015 ITEM: 13 ATTACHMENTS: County Monthly Collection Report May 2015 Fire District Monthly Collection Report for May 2015 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 13 New Hanover County Monthly Collection Report for May 2015 Current Year 2014 Scroll /Billed Abatements Adjustments Real Estate Personal Property Property Motor Vehicles Motor Vehicles Combined $ 142,437,299.67 $ (1,125,586.46) $ 171437.31 $ 14,212,447.55 $ (787,341.44) $ 374,981.33 $ 29,772.17 $ (848.82) $ (202.32) $ $ $ 156,679,519.39 (1,913,776.72) 392,216.32 Total Taxes Charged Collections to Date Write -off $ $ $ 141,329,150.52 139,827,794.88 (116.54) $ $ $ 13,800,087.44 12,926,223.72 (0.12) $ $ $ 28,721.03 22,218.32 (11.20) $ $ $ 155,157,958.99 152,776,236.92 (127.86) Outstanding Balance $ 1,501,239.10 $ 873,863.60 $ 6,491.51 $ 2,381,594.21 Collection Percentage $ 98.94 $ 93.67 Total Levy 77.40 1,150,353.25 98.47 YTD Interest Collected $ 214,892.75 $ 15,000.43 $ 274.52 $ 230,167.70 NCDMV Vehicle Tax Collections Current month / YTD YTD Interest Collected Total 2014 Collections YTD $ 901,415.17 1 $ 9,255,895.07 83.084.84 $ 162,345,384.53 Prior Years 2004 -2013 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,555,977.70 $ 2,525,777.15 $ 1,775,834.77 $ 5,857,589.62 Abatements $ (406,768.74) $ (80,670.33) $ (8,700.61) $ (496,139.68) Adjustments $ 11144.29 $ 287.22 $ - $ 1,431.51 Total Levy $ 1,150,353.25 $ 2,445,394.04 $ 1,767,134.16 $ 5,362,881.45 Collections to Date $ 408,178.14 $ 71,405.87 $ 361,082.00 $ 840,666.01 Write -off $ (7,837.95) $ (117,407.47) $ (150,054.02) $ (275,299.44) Outstanding Balance $ 734,337.16 $ 2,256,580.70 $ 1,255,998.14 $ 4,246,916.00 YTD Interest Collected $ 93,714.57 $ 19,657.62 $ 64,438.56 $ 177,810.75 Total Prior Year Collections YTD $ 1,018,476.76 Grand Total All Collections YTD $ 163,363,861.29 NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - August 17, 2015 ITEM: 13- 1 - 1 New Hanover County Fire District Monthly Collection Report for May 2015 Current Year 2014 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 7,516,502.19 $ (88,623.58) $ 4,643.66 $ 913,933.65 $ (16,637.97) $ 681.85 $ 1,649.56 $ (120.33) $ 781.15 $ $ $ 8,432,085.40 (105,381.88) 6,106.66 Total Taxes Charged Collections to Date Write -off $ $ $ 7,432,522.27 7,350,277.29 (14.71) $ $ $ 897,977.53 851,640.78 (26.77) $ $ $ 2,310.38 1,843.73 (1.46) $ $ $ 8,332,810.18 8,203,761.80 (42.94) Outstanding Balance $ 82,230.27 $ 46,309.98 $ 465.19 $ 129,005.44 Collection Percentage 94.48 98.89 242.94 94.84 $ 79.87 $ 98.45 MTD Interest Collected $ 10,019.04 $ 896.29 $ 17.86 $ 10,933.19 NCDMV Vehicle Tax Collections 24,018.62 $ 58,092.25 Write -off $ (282.93) $ Current month / YTD YTD Interest Collected $ (5,094.48) $ (9,255.57) Outstanding Balance $ 62,620.61 $ $ 625,616.30 5,428.59 Total 2014 Collections YTD 8,845,739.88 Prior Years 2004 -2013 Real Estate Personal Property Motor Vehicles Combined Scroll $ 75,254.65 $ 121,141.55 $ 88,897.58 $ 285,293.78 Abatements $ (7,032.42) $ (2,427.01) $ (484.76) $ (9,944.19) Adjustments $ - $ 148.46 $ 94.48 $ 242.94 Total Levy $ 68,222.23 $ 118,863.00 $ 88,507.30 $ 275,592.53 Collections to Date $ 31,717.04 $ 2,356.59 $ 24,018.62 $ 58,092.25 Write -off $ (282.93) $ (3,878.16) $ (5,094.48) $ (9,255.57) Outstanding Balance $ 36,222.26 $ 112,628.25 $ 59,394.20 $ 208,244.71 MTD Interest Collected $ 4,383.76 $ 668.59 $ 3,540.85 $ 8,593.20 Total Prior Year Collections YTD 66,685.45 Grand Total All Collections YTD $8,912,425.33 NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - August 17, 2015 ITEM: 13- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Vice - Chairman Dawson CONTACT(S): Vice - Chairman Dawson and Teresa Elmore, Clerk to the Board SUBJECT: Consideration of a Resolution Recognizing Foster Norman for Thirty -Nine Years of Public Service BRIEF SUMMARY: Foster Norman, formerly the CEO of CoastalCare, retired July 1, 2015 after thirty -nine years of outstanding public service. New Hanover County would like to recognize the significant contributions Foster has made to New Hanover County and North Carolina. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Foster Norman Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted the resolution 5 -0 and presented it to Foster Norman. Board of Commissioners - August 17, 2015 ITEM: 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING FOSTER NORMAN FOR THIRTY -NINE YEARS OF PUBLIC SERVICE WHEREAS, Foster Norman, formerly the CEO of CoastalCare, retired July 1, 2015 after thirty -nine years of outstanding public service; and WHEREAS, Foster began his career managing a residential unit serving individuals with intellectual /developmental disabilities at Southwestern Virginia Training Center and obtained his Master of Science in Psychology from Radford University; and WHEREAS, Foster started working in North Carolina in 1986 as the Guilford County Mental Health Program Manager, and seven years later he was selected as the Chief Operating Officer at Halifax County Mental Health; and WHEREAS, in 1999 when Foster started with the Five County Mental Health Authority he joined the ranks of Area Directors in the public system. During his tenure with Five County, the fund balance was increased from less than $100,000 to more than $5 million in a mere six years; and WHEREAS, after joining Southeastern Center later known as CoastalCare in 2009, Foster had the vast job of seeing that services divested according to Mental Health Reform and settling a financial crisis, bringing the LME back into good standing and, in essence, saving the jobs and service delivery for hundreds of people; and WHEREAS, during his career Foster has overseen services provided to tens of thousands of consumers, receiving state and national awards for best practice initiatives and has guided three different agencies to national accreditation, overseen three local management entity mergers and has been integral in mental health reform in North Carolina; and WHEREAS, Foster's incredible knowledge of mental health, developmental disability and substance use disorder systems of care has been very beneficial to New Hanover County. He has been able to use his leadership and vast knowledge to build partnerships and create collaborations to work toward a common cause to help improve the quality of life for individuals served by the agencies. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby congratulates Foster Norman on his retirement, and takes great pleasure in recognizing the significant contributions Foster has made to New Hanover County and North Carolina. ADOPTED this the 17th day of August, 2015. NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 14- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Rev. Carl A. Byrd, Sr., Board Director; and George Gardner, President, Wilmington Prostate Cancer Support Group CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Prostate Cancer Awareness Month Proclamation BRIEF SUMMARY: The Wilmington Prostate Cancer Support Group ( WPCSG) requests that the Board designate September 2015 as Prostate Cancer Awareness Month in New Hanover County. Rev. Carl A. Byrd, Sr., Survivor and Board Director, will introduce their President, George Gardner. Mr. Gardner will make brief remarks and accept the proclamation on behalf of the board and members of WPCSG and the national organization, Us TOO. 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: Prostate Cancer Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROSTATE CANCER AWARENESS MONTH PROCLAMATION WHEREAS, the Wilmington Prostate Cancer Support Group, a Chapter of Us TOO International, requests that New Hanover County designate September 2015 as Prostate Cancer Awareness Month; and WHEREAS, prostate cancer affects one in six men in their lifetimes, resulting in about 28,000 deaths annually. Except for skin cancer, it is the most common cancer among men. Awareness, screening and early detection are the best ways to turn this cancer from an occasional acute deadly disease into a chronic disease managed long -term with minimal disability; and WHEREAS, the Wilmington Prostate Cancer Support Group is a federal and state non - profit that has served hundreds of men and their families in this area for 20 years. Its parent organization, Us TOO International, is observing its 25th anniversary this year as a world -wide support organization with over 300 chapters. The local chapter holds monthly meetings for men who have been newly diagnosed, long -time survivors and those struggling with the advanced disease by distributing educational materials, videos and providing speakers on the topic; and WHEREAS, the group wishes to thank the County Commissioners for supporting the New Hanover County Health Department and their annual prostate cancer screening program each September; and WHEREAS, designating September as Prostate Cancer Awareness Month in New Hanover County will raise awareness among local men and encourage them to seek professional answers to their questions regarding prostate cancer. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2015 will be recognized as "Prostate Cancer Awareness Month" in New Hanover County. ADOPTED this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 15- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Louise McColl and Beth Quinn CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Consideration of National Ovarian Cancer Awareness Month Proclamation BRIEF SUMMARY: The Board is requested to consider designating September 2015 as National Ovarian Cancer Awareness Month in New Hanover County. Louise McColl and Beth Quinn will attend the meeting to accept the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Ovarian Cancer Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL OVARIAN CANCER AWARENESS MONTH PROCLAMATION WHEREAS, ovarian cancer is a devastating disease that takes the lives of approximately 15,000 women in our country each year; and WHEREAS, the cause of this disease is unknown; and WHEREAS, due to the inability to diagnose this cancer until the late stages when the disease has compromised other parts of the body, limiting the effectiveness of treatment and reducing the chances of survival, ovarian cancer is particularly devastating, with the chances of survival at just 25 %; and WHEREAS, because the symptoms themselves are vague and non - specific and are common symptoms of other less serious illnesses, and because there is no screening test currently available, awareness of this disease is even more crucial. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2015 be recognized as NATIONAL OVARIAN CANCER AWARENESS MONTH in New Hanover County, and call upon all women and their families in our community to learn more about ovarian cancer, its symptoms, and available methods that may reduce the risk of developing it. ADOPTED this the 17th day of August, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 17, 2015 ITEM: 16- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced and have their photo taken with the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. ATTACHMENTS: August Service Awards August New Employees COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - August 17, 2015 ITEM: 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer; Jennifer Maready, Assistant Finance Officer SUBJECT: Presentation of Certificate of Achievement for Excellence in Financial Reporting BRIEF SUMMARY: New Hanover County was presented the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association (GFOA) for the fiscal year 2014 Comprehensive Annual Financial Report. This is the thirty -fourth consecutive year that the County has achieved this prestigious award. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and is management. This report must include all funds and component units in accordance with generally accepted accounting principles as established by the Governmental Accounting Standards Board (GASB) and must include the report of an independent auditor on the fair presentation of the financial statements. The report is thoroughly reviewed and judged by an impartial panel to meet the high standard of the program. STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present the Certificate of Achievement for Excellence in Financial Reporting to the New Hanover County Finance Department. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present the award. COMMISSIONERS' ACTIONS: Presented the award. Board of Commissioners - August 17, 2015 ITEM: 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Jana Jones Halls, BRC Executive Director CONTACT(S): Teresa Elmore, Clerk to the Board, and Jana Jones Halls SUBJECT: The Blue Ribbon Commission on the Prevention of Youth Violence Update BRIEF SUMMARY: The Blue Ribbon Commission on the Prevention of Youth Violence will provide an update on its activities to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: The Blue Ribbon Commission on the Prevention of Youth Violence Board Information The Blue Ribbon Commission on the Prevention of Youth Violence Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - August 17, 2015 ITEM: 19 Blue Ribbon Commission on the Prevention of Youth Violence 2015 Board of Directors • Mayor Bill Saffo, Mayor, City of Wilmington, BRC Chair • Commissioner Jonathan Barfield, BRC Vice -Chair • Kim Nelson, BRC Board Secretary • Dr. Christopher Prentice, BRC Board Treasurer • District Attorney Ben David • Superintendent Tim Markley • Connie Majure -Rhett • MaryEllen Bonczek • Chris Nelson • Judge James Faison • Robert Campbell • Rick Houston • Richard McNinch • Bruce Shell • Linda Rawley • Paige Carter Blair • Lee Hines Board of Commissioners - August 17, 2015 ITEM: 19- 1 - 1 Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 1 Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 2 S13 li Sil $IQ 59 5! 3 wv r I iI4H 51 _ Y, IS JS lIQl r 'S h a VIP MC --9 w p-4 J OTH St ]YID aC M 974 9 — rA N.7TKS f 2 YW 4 6T4 z CL 5'Sy Say z2 l TH ST a z 5TH r� ' Y N �44 M _ Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 2 S13 li Sil $IQ 59 5! Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 3 ICI N W 0 � N � N N U 4-4 O U � O � •� O O 4-j of Commissioners - August 17 ITEM: 19- 2 - 5 Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 7 ia-j O N W ;-I Q� r� r� v r� '~ U O L'3 ■ r _ v .r . 4 .^y N � �W..', Q� �--� �_ �� U O V 0 �� Q� QQ� X10 r'c ■ �« !• {.� ' it �, �, #, 4 �' ��j !'i ,.... � e � � ,� � � � ;� ''a � � . r � ,`, , � c! w / 1 � � �� R� ��_ K i ��� �" 4 4 � t _� -- L. 7 � Gd =� R ��, ; H �. +^J ',' i •�$�_ .�� y . �m� 'a -zi R ri •1 t 4 J, �i s 0 � o aA �. y ad CU > u U U � 11}'■■yyl � Cz u U N c� W O O s � d � O � O O � O C.� I 'a -zi R ri •1 t 4 J, �i s k C N *0 L7 > r > N t W 0 t U C C yy q.p N 0` � �G o0 `r ``yc E` 6ul 641) �no� IN o 0 0 + o m rl 0) 0) 0 0) ri Board of Commissioners - August 17, 2015 ITEM: 19- 2 - 11 0 N 0PON tv 0PON •� MEMO G� �I N Ln 3 4�j . t N O 4-j N N N c� N tn 4 .� .� rz LA N �-; rz w ° J +� cn +-, .� o � O cn L V) o Z5 bA U .� •� •� .bn U ^� Ln •� 4-j Z Ln N � 4 V) V) rz v a� o Ln Q a a� 0 c� 0 V G� G/1 N W 0 0 cn �' 'd v v � �U U ° Z . . . v v v u `° �a v v • ^ o cn +� U a 4-j cn CU o x o o tz cu V) .� No dx u o w 0 0 cn �' 'd v v � �U U ° Z . . . O CU V% v v U) .N CJ ri m co 65 0 U) Q3 43 s � L C W U n� -2 0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): J.H. Corpening, II, Chief District Court Judge and New Hanover County Juvenile Crime Prevention Council Chairman CONTACT(S): Teresa Elmore, Clerk to the Board and Wendy DuBose, JCPC Staff Liaison /Support SUBJECT: New Hanover County Juvenile Crime Prevention Council Annual Update BRIEF SUMMARY: The New Hanover County Juvenile Crime Prevention Council will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: New Hanover County Juvenile Crime Prevention Council Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - August 17, 2015 ITEM: 20 NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL Members: Representatives from the following categories: school superintendent or designee, police chief or designee, sheriff or designee, district attorney or designee, chief court counselor or designee, AMH /DD /SA director or designee, DSS director or designee, county manager or designee, substance abuse professional, member of faith community, county commissioner, 2 under age 18, juvenile defense attorney, chief district judge or designee, member of business community, health director or designee, United Way or other non - profit member, parks and recreation representative, and up to 7 at -large members appointed by County Commissioners. (Limited to no more than 26.) Terms: 2 -year terms (Changed from 3 -year terms to reflect requirements of General Statutes) 9/06 Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:30 p.m.) in Human Resources Training Room B in the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC. Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12/21/98. Revised membership GS 1438 -846. Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify community risk factors; recommend allocation of state funding for youth programs that address these risk factors; and evaluate the effectiveness of these programs. Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 1 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Business Community F. Campbell Dodd, III First 9/15/14 9/30/16 4314 Stratton Village Lane Wilmington, NC 28409 538 -3633 (H, W & C) Juvenile Defense Attorney Ashley Michael Unexpired 11/13/12 9/30/14 701 Market Street First 9/15/14 9/30/16 Wilmington, NC 28401 632 -9191 (H) 815 -1095 (W) Under Age 18 (2 Students required) Christine McDow First 11/18/13 9/30/15 P.O. Box 2541 Wilmington, NC 28405 392 -2594 (H) 833 -0711 (C) Christan Stukes First 2/16/15 9/30/17 Wilmington, NC 28405 (910) 233 -0719 Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 1 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Members -at -Large Abeeku Ankrah First 10/17/11 9/30/13 637 Tulane Drive Second 9/16/13 9/30/15 Wilmington, NC 28403 632 -8472 (C) 274 -3497 (W) Kristen DeVall First 10/17/11 9/30/13 UNCW Second 9/16/13 9/30/15 601 S. College Road Wilmington, NC 28403 269- 329 -8643 (C) 962 -2636 (W) John Alan Dismukes First 9/17/12 9/30/14 802 Summer Tree Lane Second 9/15/14 9/30/16 Wilmington, NC 28412 910 - 648 -3162 (C) 520 -6786 (C) Lyana Hunter First 10/17/11 9/30/13 P.O. Box 1971 Second 9/16/13 9/30/15 Carolina Beach, NC 28428 297 -0480 (C) 251 -7090 (W) Cary D. McCormack First 10/17/11 9/30/13 1800 Elease Lane Second 9/16/13 9/30/15 Wilmington, NC 28403 679 -4582 (H) 732 - 275 -7291 (C) Maryann K. Nunnally First 10/17/11 9/30/13 7804 -1 Blue Heron Drive, W. Second 9/16/13 9/30/15 Wilmington, NC 28411 686 -2771 (H) 520 -7576 (C) Ida R. Smith First 9/17/12 9/30/14 2410 Chestnut Street Second 9/15/14 9/30/16 Wilmington, NC 28405 763 -9136 (H) 520 -6790 (C) County Commissioners' Designee Avril Pinder /Kathy Stoute 8/20/12 Undesignated New Hanover County Deputy Manager 230 Government Center Drive, Suite 195 Wilmington, NC 28403 798 -7184 (W) Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 2 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Revised: 7/31/2015 Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: District Attorney's Office: Charity Wilson Undesignated Judge of District Court: Judge JH Corpening, Chair Sheriff Department: Novella H. Frieslander Wilmington City Police: Melissa Moore Substance Abuse Center: Ryan Estes DSS: Wanda Marino Health Department: Maria Turnley Juvenile Justice / Courts: Robert Speight Youth Empowerment Program: Chris Preston Trillium Health Resources — Southern Regional Area Board: Amy Horgan NHC Schools: Dr. Rick Holliday United Way: Tommy Taylor NC JJ &DP Consultant: Jesse Riggs File: /JCPC Staff liaison /support: Wendy DuBose 7/15 Revised: 7/31/2015 Board of Commissioners - August 17, 2015 ITEM: 20- 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Stuart Borrett, Cape Fear Museum Advisory Board Chairman CONTACT(S): Teresa Elmore, Clerk to the Board and Sheryl Mays, Cape Fear Museum Director SUBJECT: Cape Fear Museum Advisory Board Annual Update BRIEF SUMMARY: The Cape Fear Museum Advisory Board will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: Cape Fear Museum Advisory Board Information Cape Fear Museum Advisory Board Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - August 17, 2015 ITEM: 21 CAPE FEAR MUSEUM ADVISORY BOARD Number of Members: 12, which may include one County Commissioner Term of Office: Three years - may not serve more than two consecutive terms and cannot be reappointed until at least one year after the last term. Qualifications: Any County resident 18 years of age or older who has a sincere interest and commitment to the preservation of the history of the Lower Cape Fear region. Members shall be required to sign a conflict of interest agreement that will be provided in advance of their appointment. Compensation: None, but may be reimbursed for approved expenses incurred in performance of their duties. Regular Meetings: Third Wednesday of every month at 4:00 p.m. at the Museum, 814 Market Street. (No meeting in July) Functions: To develop necessary policies for the efficient and responsive operation of the Cape Fear Museum; to advise the Museum Director and staff on programs and exhibits; to advise the County Manager and County Commissioners concerning the operating and capital needs of the Museum; and to serve on relevant committees. In addition, Board members are expected to actively promote the Museum's programs, and to assist and participate in its programs, including efforts to solicit outside funding for the Museum. (Changed from board of trustees to an advisory board effective 8/4/2003 (Book 29 page 694). Board of Commissioners - August 17, 2015 ITEM: 21- 1 - 1 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION David Ball First 6/16/14 6/30/17 3539 Aster Court Wilmington, NC 28401 910 - 343 -1343 (H) 910 - 762 -2621 (W) Stuart Borrett, Chair First 6/21/10 6/30/13 1806 Ann Street Second 6/17/13 6/30/16 Wilmington, NC 28403 910 - 795 -7502 (C) 910 - 692 -2411 (W) T. Gwendolyn Grear Brown, Vice Chair First 6/18/12 6/30/15 3224 Amber Drive Second 6/22/15 6/30/18 Wilmington, NC 28409 910 - 794- 9359(H) 910 - 620- 4817(C) Melissa Collins First 6/16/14 6/30/17 511 North Channel Drive Wrightsville Beach, NC 28480 919- 601 -9252 (C) 910- 313 -3336 (W) William A. Oden, III First 6/16/14 6/30/17 2201 Echo Lane Wilmington, NC 28403 252 - 474 -4227 (C) 910 - 794 -4813 (W) Board of Commissioners - August 17, 2015 ITEM: 21- 1 - 1 CAPE FEAR MUSEUM ADVISORY BOARD (CONT.) Revised: 6/30/15 Board of Commissioners - August 17, 2015 ITEM: 21- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Daniel H. Owen, Secretary First 6/18/12 6/30/15 1111 Military Cutoff Road, Suite 251 Second 6/22/15 6/30/18 Wilmington, NC 28405 910 - 297 -4123 (C) 910 - 509 -5142 (W) Timothy Potter Unexpired 3/16/15 6/30/17 7316 Orchard Trace Wilmington, NC 28409 910 - 297 -1571 (C) Nancy H. Pritchett First 9/19/11 6/30/14 5330 Megans Place Drive Second 6/16/14 6/30/17 Wilmington, NC 28409 910 - 791 -2827 (H) J. Tucker Stevens Unexpired 10/20/14 6/30/16 3117 Wickford Dr. Wilmington, NC 28409 910 - 799 -6291 (H) 910 - 791 -2128 (W) (Note: 15t term 6/2011- 6/2014) William (Bill) H. Terrell First 1/22/13 6/30/16 8640 Fazio Drive Wilmington, NC 28411 910 - 686 -2376 (H) Allen N. Trask, III First 6/21/10 6/30/13 2814 Hydrangea Place Second 6/17/13 6/30/16 Wilmington, NC 28403 910 - 470 -8631 (H) 910 - 794 -4804 (W) Museum Associates, Inc. President: Mike Hudson County Commissioner: Rob Zapple Appointed 1/5/15 910 - 798 -7306 (NHC Office) Director: Sheryl Mays File: /Museum Cape Fear Museum B/C #21- 7.15 814 Market Street Wilmington, NC 28401 910 - 798 -4350 Fax: 910-798-4382 Revised: 6/30/15 Board of Commissioners - August 17, 2015 ITEM: 21- 1 - 2 O 4-j (A 0 (A M (1) LL (1) CL M V M r5m Iq TOM 00 V, Ln rl 0 00 U 0 0 � m Q " 4-j E Ln ru Board of Commissioners - ITEM: 21- 2 August - 1 11 two — M � L •- H L.L O O +�+ tw 0. � V w O O N w N � V r V M @MEN% 40J M N � O v N 3 O v m° tLO •v O •— 0 O S Q H L _ LL t t a 3 V a� Z Q O O i� ♦"� Bomrd of Commissioners - August--4'7 ' 5 V ITEM: 21- 2 - 2 h �o yk - Y i p {z M 4l N L O CIO O a � � V > O 2 C V Z g usf7k ~ "� ITEM: 21- 2 - 3 (': CL 000m\ Z) 0 L // /L� W �f C CU T 00 CL O CU 0 0 0 00 �VF 0 0 0 m m � \ m � o 2 Q C: a_+ • Ln Ln a-J • ILL (n O U •N I z M 4l N L O CIO O a � � V > O 2 C V Z g usf7k ~ "� ITEM: 21- 2 - 3 (': L tw 0 L CL V a 0 i •2 0 �w M V W 0 W b-0 Q I O O U O O lfl A W N Ln E M L O L a L E E 3 v M L Vf L a� L N � -0 (3) ca -0 L t 0 +, U r-1 2 U z = z Q — a a .o � o tp O i a �° fC O CIO O a L fC LL a� CL V 0 V O s= fC 3 a� z Board of Commissioners - August f7 ~� ITEM: 21- 2 - 4 11 0 N G1 .i fC t V 2 Vf r O V 4� i� L J W Ol v � U � U N � O � N Ln O n cr U Q Ln N � � U ca bA O 00 4-J Q O m O a a� CL V Ln Ln 0 V O z g ust��f7k ~ "� s x W t ca v a m .y O V Q1 Q1 crft i O co O Q E ca CL V O V O ca 2 3 a� Z - Augusf 2 -g W a ti Q 0 ui m w 0 O m O w Q n L I— • s Y 1 A � �t.. ► ! Ln i F w ' EIGHTH STREET .w L fC O m O E o � V > O ca r- 2 C ca fe LJ a M LM LL Ln a--+ a) W W > Ln w Q !E LnI% U a L M 0 0 ca O CIO O E 00 O V a� 0 CL �+ V Z `0 _ —' rBoard of Commissioners - August14'7 5 ITEM: 21- 2 - 8 h i 3 c O a-+ ate-+ b-0 c Ln E fa i t�A O co X w N z w Q a.. V a O U N N fa O i i O CL .r�n V N LL N O a-i buo O 0 ■ ■ ■ ■ O m 0 E ca CL ca V 0 V O ca 2 Z g ust��f7k ~ "� NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer and Jim Iannucci, County Engineer CONTACT(S): Lisa Wurtzbacher and Jim Iannucci SUBJECT: Consideration of Amendment 2 to the lnterlocal Agreement between New Hanover County and the Cape Fear Public Utility Authority Regarding Marquis Hills and Heritage Park Sewer Extension Projects BRIEF SUMMARY: The Board of County Commissioners agreed to move forward with a project at its May 6, 2013 meeting to bring sanitary sewer systems to the communities of Marquis Hills and Heritage Park due to the numerous septic tank failures in those areas. The septic tank failures impact the environment and pose a health risk and financial burden to the residents. As part of that May 6, 2013 meeting, the Board directed staff to prepare an interlocal agreement with the Authority. The interlocal agreement went into effect on October 4, 2013. The interlocal agreement states that the County's participation in the two projects is $12,698,184 and the Authority's participation is $4,264,000. The total project cost of $16,962,184 was based on initial estimates when the Board adopted the Capital Project Budget Ordinance. The interlocal agreement was amended on March 23, 2015 to allow greater flexibility of the Authority's funding participation. This allowed the Authority's contribution of $4,264,000 to be used for either project and for any project specific cost. The project scope was also adjusted to include Bainridge Court and O'Reilly's manhole. The total project estimate cost is currently $17,939,428. The updated combined amount for both projects exceeds the original estimated amount of $16,962,184 due mainly to approved change orders for additional fill and rock on the Heritage Park project caused by low quality soil in that area, replacement of storm water driveway pipes on the Marquis Hills project due to North Carolina Department of Transportation ( NCDOT) requirements and additional paving on both projects due to NCDOT requirements. The total cost will be covered in the County's budget by the loan approved in the amount of $15,106,542 and the Authority's contribution of $4,264,000. However, an amendment to the interlocal agreement is required by the Authority to increase the Authority's budget which was based on the original interlocal agreement amounts. This amendment does not require a County budget amendment. The County's participation will remain below the approved $16,962,184. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - August 17, 2015 ITEM: 22 Recommend Board approve Amendment 2 to the interlocal agreement between the Cape Fear Public Utility Authority and the County for the Marquis Hills and Heritage Park sewer projects. ATTACHMENTS: 15 -0292A Interlocal Agreement Amendment 2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 22 New Hanover County Contract No. 15 -0292A STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT 2 TO INTERLOCAL AGREEMENT BETWEEN NEW HANOVER COUNTY AND THE CAPE FEAR PUBLIC UTILITY AUTHORITY REGARDINGMARQUIS HILLS AREA SEWER EXTENSION AND HERITAGE PARK SEWER EXTENSION PROJECTS This Second Amendment to Interlocal Agreement, made and entered into on the day of , 2015, by and between the Cape Fear Public Utility Authority, a water and sewer authority organized under General Statutes Chapter 16sA ( "Authority ") and New Hanover County, a political subdivision of the State of North Carolina ( "County "); WITNESSETH: Whereas, on October 4, 2013 the County and the Authority entered into an Interlocal Agreement known as Marquis Hills/Heritage Park Sewer Extension Projects, identified as New Hanover County Contract No. 14 -0126; Whereas the County, through this amendment, agrees to provide additional funding for the County's participation contributions referenced in Section 1 of the original agreement as re- written through this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, and for the good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, Marquis Hills/Heritage Part Sewer Extension Projects is hereby amended as follows: A. Section 1 of the original agreement entered into on October 4, 2013 is modified and amended to read as follows: 1. Financing and Construction of the Project. With all reasonable dispatch after the execution of this agreement, the County will, at its sole cost and expense, provide funding necessary to construct public sewer infrastructure including lift stations as may be required and sewer mains and appurtenances in accordance with plans and specifications which shall be developed by the Authority and 1 Board of Commissioners - August 17, 2015 ITEM: 22- 1 - 1 New Hanover County Contract No. 15 -0292A approved by the County in a principal amount of County participation not to exceed $15,106,542, the maximum approved Clean Water State Revolving Fund loan amount. B. Except as hereby amended, the Agreement shall remain in full force and effect. (SEAL) By: ATTEST: Clerk to the Board This instrument has been pre- audited In the manner required by the Local Government Budget and Fiscal Control Act. Chief Financial Officer STATE OF NORTH CAROLINA New Hanover County County Manager Approved as to form: County Attorney COUNTY OF NEW HANOVER I a Notary Public for said State and County, certify that Teresa Elmore acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Manager, sealed with its corporate seal and attested by herself as its Clerk. This the day of Notary Public 2015. My Commission expires 2 Board of Commissioners - August 17, 2015 ITEM: 22- 1 - 2 New Hanover County Contract No. 15 -0292A Cape Fear Public Utility Authority (Authority Seal) IM James R. Flechtner, Executive Director ATTEST: Donna S. Pope, Clerk Approved as to form: Linda A. Miles, Consulting Attorney for CFPUA This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Contol Act. CFPUA Chief Financial Officer STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I a Notary Public for said State and County, certify that Donna S. Pope acknowledged that she is Clerk to the Cape Fear Public Utility Authority, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Executive Director, sealed with its corporate seal and attested by herself as its Clerk. This the day of 12015. Notary Public My Commission expires 3 Board of Commissioners - August 17, 2015 ITEM: 22- 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Library PRESENTER(S): Tim Burgess, Assistant County Manager; Harry Tuchmayer, Library Director; and Brian Starkey, Landscape Architect CONTACT(S): Harry Tuchmayer SUBJECT: Presentation of Plans for the Renovation of the Library Park Adjacent to the Main Library BRIEF SUMMARY: As part of the 2006 Parks Bond this renovation will transform the current space into an interactive learning environment capable of supporting library programs well as opportunities for self - directed learning and exploration. The project will be ready to go out for bid in late October and should be completed in time to highlight the Library's Summer Reading Club activities scheduled for mid -June. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: Library Park Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - August 17, 2015 ITEM: 23 w W,4 �p r) MOO MOO 0 U Z J 0 DC Q U 1 Z �1 V 0"') Ii_M i wWU�dLL� a ca3a�s crawl � � J Q m z Olf cu J d 0 A U 0 Q U z z ; o Jo " � Z 0 m U z Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 1 ®" M O N Ln il O L A O U L N 0-0 M 2 a-J a� O Z U ll -NWT 0-6 A�X= _` jIR m 5th ST • z T ysy, r, J J 1 _ v 1 - b i �_AA uj � ° w - „t U '_ z Q end S-c 4 0 j i ■a'° ° Z -15 +s 0 r LU 7)e 0 `W 1_ Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 2 LLW a� U 0 c� O c� U U a� 0-0 � L M 2 a-J N O Z U rvoo 0 LA 2 W 0 CL a) E O V co 3 C m , o_0 M c Y m Y O_ m a) Q m Y O 0 Y O M Y U V (: O 0 o M Y Ln .S o D m O to V m .- O_ C O O O U b.0 M a) a) U t Y � Y i 3 t m O- m v m O t � Y � T � � t O O a) C 0 n1 0 f0 N N t, V Q � a) y v t > t C °a Y v Y -0 O ua c O > ea o "U -0 m o o O Oi O •— O M fo fo a) O i M .� a) C -o E v O fa f0 LL -O f0 qa C M y O Y _ f0 O C O •v v -a w V a) 0 Y f�0 O Y M y A TY Y D O m U .� C E o o to o c � U a) I Y� Q o O v� Q O l� V � 7 f0 IA C O 0 a) O -O m i -E Y U 0 ° L >W CO, f0 pa >, - 0 m � �- w o v E E o V A Y Y 5 O O > N t tM N i N L V E o JO v v •� m t Y N V -O w C O mO a/ C c E `° c -a' �o w t w a/ � a/ Y 0 E C O M w a) tw O 0 Co W D 3 CL v D a C c � a 3 � ao ao ao Y -r- 0 `O t O N O E 'y tM y O Y C C O C p A a fl � � v 3 ami ° Y U V c: 'C C .0 E Y O 7 0 N w v Y O O a) i C Q c: 0 c E .Q E '� a) E a ea i O O O i) 3 v 3 a 0 i 0 r- Y a + v C a c 7 p o-o o t o o p — M > N to 0 o O E a) o T to 0 X t t 0 rl w y y Q O a) O U W C a 0) Ol Ol r-I l� 0) v O �n 16 y Ol N � L Y f0 ■ Y Y Y C O fn A O 0 y1 ry M v n C CO {{ O C V q f a/ t]a 4w C Y ff E > J � •Q O a� V m 7 V ha O c 16 a) Y Q ha Y f0 1 Y Y C a)M M M C CO {{ w O q Q v 1 13 t]a 0 a E 16 a) Y Q ha O IU a x a) J -O cro a C G O_ O {{ w O q Q v 1 13 E v 0 1 O I ss�!Pnjr� -August 17, 20 Y -M: 23- 1 - 3 C v 3 C C f0 O v LA E O D U � Y 0 D o 0 c U oa) � Y m vo 3 U 0 ! �n O > O Qa CL 3 O l Y m 3 O — p v L LL fo v c: V C O V � ai v C O � O_ N a, E C O 0 L U L 0-0 L N 0 Z ( cwno))Nq - Z = o� b �^UNVH M3N j LA V / r) Z J z W DC DC U r i —9rm* �. �. I L '� f GLLL t �. t G L U IN 1A`, � t lid,r .11, ,-- r in Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 4 O L U U L O-0 L c� M 2 4-J a� O Z U c� 0 c� U a-J U L 0-0 M = 4—J N O Z U 0) L O U •— 0) :% _ N Q �•° °'�, �Oa, r V v >'U U ca c x Z Z 0 c: > cn >+ a�i (D -� � L 0 E L- L c 0 Oo��cn O r 2:% > L NcU U L�.L �CCCU c:(u°%41 O , + /0 :Ll N U = O M c: �" 0 w O o f v 0 � o o +r ca ca ca -0 � 0) t ° cn cn cn U �cn�'0� E L 2 E cn as O W � cn O V 0� __ �� c6 y Q CO c: � ,N � c: N N O CLO U U C •�•r- (U U o O p N 0) ° � - O Q _ U 0)-0 >o � -1 �L O a 0 = O O N U) L5 0 O � >L c ��°'0��.�L w = 0 N 70 U 70 >;V� N>, � M i O M Fn (2) (10) 70 (6 U r' DC Z a 0) o °0� -1 � °Q 6) (1) ca Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 5 c� 0 c� U a-J U L 0-0 M = 4—J N O Z U c� 0 c� U a-J U L N 0-0 �M 2 a-J a� 0 z to O L 0 4) 0 ' O _ _ 0 U O U N (6 (D v p t!1 0) p M = c: p (6 to t (D O U � (6 �+ N O C + (6 >, 00 — E � (U U r U E O .� t > N O ++ 0 L (D 0)— C D U cn � 'y (D , U 00 O W -0 U U V O w L O N = 0-0 0 -0 .O t O 'FD w L t (D V U _ O N w t O N H w L cQ -r- N 1-1 _0 iIi .� ) O O � N (6 O �� 0 (a a i (6 ,[ y ' Q L O Q O t i N O U U ��F- >>, O V J m U 4-- � M a� 0 0 = N >, +0 V y Q 0 G1 O c: � cn O J °<0 = CO:) =03 E L 70 O G1 G1 0 > U > w OM OF N > N N Z H a n t3 z 0(U 0 Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 6 c� 0 c� U a-J U L N 0-0 �M 2 a-J a� 0 z i m G I..V V O oC CL O O O O N 3 m V O .o L a r� N Q 3 O O L � N (1) 0 �+ N r 3 3 O L i L LU O 4% L ,0 J — O O �_ V � N L N � � L CL Board of commissioners - August 17, 2015 ITEM: 23- 1 - 7 O i A O U O-0 L f� M _ 4-J N O Z U LA LA LU U O rVOO CL T as N i O as 3 O U o 4- r U O O N O � J � � t N .� E- as w o O � U � Q •� i 0 O 2 � o W>,.,., 3 0 0 Q O > L ,° N Q O 0 i O 0 as CL O as CL O 0 r_ O 0 as Q O O > O r_ cc O v v t v H O E O U O t 3 •> as as L rte.+ Q E O E v O 0 0 U 2 � as as t as L O N O 3 V O i V L N O O as CL O 0 O 19 0 LO L� N 00 Board of Commissioners - Augusf 17, 2015 ITEM: 23- 1 - 8 r O N cm .Q cn r- N O L) .cm O m r O N L O E 0 cn O Q 0 0 N O U O L A i U i N 0-0 M 2 a--+ N O z � N CARo LI,�� Z - b �^UNyH MaN W W F z Z F X WI y W L F W Y w W F Z Q z x F y 'Lou Y U W Z Y a W 133211S 421E "N U a 0 y y w W s xf x_W— —Z J Z �— Z LLQ J a K f9 W B Ja U R G OW U 0Q W XK Q -_U J -__ y m y U U W F— O — W— C + q.. �� LU U z 0 U J Q z E I � u Z W U) LU d W m °a ¢ y m J B \ I I y y w w W awOx I y "J W s J + mI LL Y U W WZ Q U W J � m 13 W u WIW 3 Z w W u 0 U a-J U L 0-0 M _ 4-+ N 0 z N O E +r G1 O O O i to CL L O _ 0 cm sZ O J O y y 0 3 i L t r (� y N O 0� O to cm 0 O v O L O O . p 5 cm L � 3 G1 Y N to !_ a S V L 0 L O O �� 1Z 1= 1Z cc r V 0 0 0 +r to N N sZ O O E 0 L L O -0 + to to to Cc C w 3 > > O E 1= !_ J O to to N CL 0 a U 1i U U Q U Board of Commissioners - August 17, 2015 ITEM: 23- 1 - 9 0 U a-J U L 0-0 M _ 4-+ N 0 z NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning and Zoning Supervisor (Planning Board Rep: Vice Chair Donna Girardot) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director SUBJECT: Public Hearing Zoning Ordinance Text Amendment (A -421, 4/15) - Request by Greg Heafner on Behalf of Oxford House, Inc. to Amend Section 23, Definitions, to Define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to Permit the Use By -Right in the PD, R -20S, R -20, R -15, R -10, R- 7, AR, and RA Zoning Districts BRIEF SUMMARY: The petitioner is submitting a request to amend the Zoning Ordinance to create a new use and supplemental regulations for Group Homes and the origin of the request is to rectify a violation situation. The petitioner's request was initially heard at the April 2, 2015 Planning Board meeting, at which time Staff recommended denial of the request as presented. The Planning Board tabled the item and discussed alternatives at their May 15, 2015 work session, and then heard a revised version of the amendment presented by Staff at their June meeting. At their June 4, 2015 meeting, the Planning Board passed a motion 5 -1 to recommend approval of the Staff - recommended version of the amendment, which would allow up to 6 residents in a group home by right. The dissenting vote was from a Planning Board member that felt that up to eight residents should be permitted in a group home by right if certain circumstances are met. A full analysis has been provided in the Staff Summary STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends denial of the request as proposed by the petitioner; however, Staff recommends approval of their version as presented in the Staff Summary. Staff Suggested Motion: Motion to approve the zoning ordinance text amendment as presented under the Staff Recommendation, as the Board of Commissioners finds that this amendment is: Board of Commissioners - August 17, 2015 ITEM: 24 Consistent with the purposes and intent of the 2006 CAMA Land Use Plan Policies 5.7 and 17.2 because the amendment preserves the character of existing residential areas while broadening the opportunities for housing supply for the County's residents with special needs or disabilities. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities. ATTACHMENTS: A -421 Script A -421 Staff Summary Applicant Materials Cover A -421 Application 12 -23 -14 Letter from Greg Heafner 1 -14 -15 Zoning Letter to Oxford House 5 -6 -15 REALTOR Land Use Memo 5 -12 -15 Letter from Greg Heafner Survey of Group Home Ordinances in Major NC Cities Counteracting Not in my Backyard Relationship Between Crime and Oxford Houses The Impact of Group Homes on Residential Property Values Supportive Housing REALTOR Memo Review A -421 Addendum to Applicant Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented under the Staff Recommendation. COMMISSIONERS' ACTIONS: Adopted the staffs recommendation by a vote of 3 -2, Chairman Barfield and Vice - Chairman Dawson dissenting. A motion to reconsider was seconded for discussion. A motion to table the item and instruct staff to consult the City of Wilmington's legal and planning staff was approved 5 -0. Board of Commissioners - August 17, 2015 ITEM: 24 SCRIPT FOR Zoning Ordinance Text Amendment (A -421, 4/15) Request by Greg Heafner on behalf of Oxford House, Inc. to amend Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by- right in the PD, R -20S, R -20, R -15, R -10, R -7, AR, and RA Zoning Districts. 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 additional 5 minutes for rebutta I. 2. Conduct Hearing, as follows: 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. Board of Commissioners discussion 5. Vote on the text amendment request. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Staff Suggested Motion: Motion to approve the zoning ordinance text amendment as presented under the Staff Recommendation, as the Board of Commissioners finds that this amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan Policies 5.7 and 17.2 because the amendment preserves the character of existing residential areas while broadening the opportunities for housing supply for the County's residents with special needs or disabilities. 2. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities. Board of Commissioners - August 17, 2015 ITEM: 24- 1 - 1 ZONING ORDINANCE AMENDMENT REQUEST CASE: A -421, 04/15 PETITIONER: Gregory Alan Heafner, PA, on behalf of Oxford House, Inc. REQUEST: Amend Zoning Ordinance Section 23, Definitions, to define Disabled Persons and Group Homes and Section 50, Table of Permitted Uses, to permit the use by -right in the PD, R- 20S, R -20, R -15, R -10, R -7, AR, and RA Zoning Districts. CASE HISTORY: The petitioner's submission of the initial amendment proposal was in response to options given to a nonconforming situation of 8 unrelated disabled persons living together in single family residence. Made aware of the situation by a citizen complaint, Zoning Staff advised the petitioner that they could either 1) move out of the home, 2) bring the house into compliance, or 3) petition for an amendment to the zoning ordinance to permit the use. The petitioner's original proposal, found below, was presented to the Planning Board during a public hearing at their April 2, 2015 meeting. Staff recommended denial of the proposal as presented, and the Planning Board tabled the item to discuss it at their May 15, 2015 quarterly work session. At the May work session, Staff presented an amended version of the amendment proposal, introducing additional supplemental regulations for the use and also a Special Exception process through which a reasonable accommodation under the Federal Fair Housing Act could be sought from the Zoning Board of Adjustment in a manner similar to a variance request. The Planning Board was supportive of Staff's revised version, but some members indicated desire for language that correlated the number of people permitted in a residence with the number of bedrooms in the structure, the floor area, the tax parcel area, or a combination thereof. Provided below is the petitioner's original amendment proposal. Staff's recommended version follows, which was revised based on discussion at the May 15, 2015 Planning Board work session and also further internal staff discussion. At their June 4, 2015 meeting, the Planning Board passed a motion 5 -1 to recommend approval of the Staff - recommended version of the amendment. The dissenting vote was from a Planning Board member that felt that a total of eight residents should be permitted in a group home by right if certain circumstances are met. PETITIONER'S REQUEST: The petitioner is requesting to amend the Zoning Ordinance to create a new use defined as "Group Homes" and allow the use by right in the PD, R -20S, R -20, R -15, R -10, R -7, AR, and RA Zoning Districts. The amendment request was initiated in response to a determination that an arrangement for up to eight unrelated persons accommodated in an existing Oxford House within the New Hanover County zoning jurisdiction is not compliant with the county's zoning regulations. An Oxford House is a recovery home concept that offers residence to on average eight persons who are recovering substance abusers or recovering alcoholics. Per the Petitioner, no treatment, counseling, therapy, or any type of health care services are provided, and the residents of the home are considered to be the functionally equivalent of a family. A-421,(04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 1 Pagel of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Red and Underline StFiketl;Feugh _ Petitioner's Proposed Additions /Deletions Section 23: Definitions Disabled Persons — Individuals with disabilities, including individuals recovering from alcoholism and /or drug addiction, who are protected by either the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS Chapter 168, Article 3, as each may be amended. Group Home — A home in which up to eight (8) Disabled Persons live together as a self - supporting and self- sufficient household unit, without any in -home services or outside assistance. Group Homes must register with the County and shall be at least one - quarter mile from each other. Section 50: Establishment of Use District; Table of Permitted Uses STAFF POSITION: Accommodation for persons with disabilities living in an arrangement with on -site supervisory personnel is currently offered through both the North Carolina General Statutes and the New Hanover County Zoning Ordinance. NCGS § 168 -21 defines "family care home" and "person with disabilities ": (1) "Family care home" means a home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six persons with disabilities. (2) "Persons with disabilities" means a person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C- 3(11)b. NCGS § 168 -22 provides guidance for zoning of family care homes: (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception, or variance from any such zoning ordinance or plan, provided, however, that a political subdivision may prohibit a family care home from being located within a one -half mile radius of an existing family care home. A -421, (04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 2 Page 2 of 7 R N p� R R R R R7 B B I I o A A S R F Supp A 20S 20 15 10 1 2 1 2 1 R I C A M Regs c Permitted Uses u s Group Homes P P P P P P P STAFF POSITION: Accommodation for persons with disabilities living in an arrangement with on -site supervisory personnel is currently offered through both the North Carolina General Statutes and the New Hanover County Zoning Ordinance. NCGS § 168 -21 defines "family care home" and "person with disabilities ": (1) "Family care home" means a home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six persons with disabilities. (2) "Persons with disabilities" means a person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C- 3(11)b. NCGS § 168 -22 provides guidance for zoning of family care homes: (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception, or variance from any such zoning ordinance or plan, provided, however, that a political subdivision may prohibit a family care home from being located within a one -half mile radius of an existing family care home. A -421, (04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 2 Page 2 of 7 The Zoning Ordinance contains a definition for "residential care facility ", which is similar to the NCGS definition for "family care home ": Residential Care Facility —A home with support and supervisory personnel that provides room and board, personal care, and rehabilitation services in a family environment for not more than six resident handicapped persons. The Zoning Ordinance allows residential care facilities by right in the PD, R -20S, R -20, R -15, R -10, O & I, AR, and RA zoning districts and by Special Use Permit in the R -7 zoning district: Section 63.4 -2 requires that a residential care facility shall not be located with 2,000 feet radius of an existing residential care facility. Residential arrangements that do not meet the definition of residential care facility in New Hanover County must conform to the definition of Family in the Zoning Ordinance: Family — One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over three (3) persons, but further provided: (A) that domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises, and (e) that a foster home as designated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family. (C) that any child less than eighteen (18) years of age living with parent(s) or legal guardian is not to be counted as a person in calculations hereunder. The Petitioner contends that the Oxford House model does not conform to the Zoning Ordinance definition of Residential Care Facility because the arrangement does not provide any "support or supervisory personnel, room and board, personal care, or rehabilitation services ". The Petitioner explains in a December 23, 2014 letter to Zoning Staff that Oxford Houses are not substance abuse centers, halfway houses, shelters, or community care facilities. The Petitioner's letter further stated that Oxford House residents are considered the functional equivalent of a family for several reasons; however, the County's definition of "Family" impedes the application of the Oxford House model, which provides accommodation for up to eight unrelated individuals on the basis that there is a financial and therapeutic benefit to having more residents. Understanding that persons with qualifying disabilities are offered federal statutory protection under the Federal Fair Housing Act and the Americans with Disabilities Act, and that the Zoning Ordinance currently does not define or regulate a use similar to a residential care facility but without on -site supervisory personnel, Staff recommends approval of the version below. A-421,(04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 3 Page 3 of 7 N R O A R R R R B B I 1 A A S R F Supp PD R7 & I 20S 20 15 10 1 2 1 2 R I C A M Regs U Permitted Uses I I I I I I S Residential Care P P P P P S P I P I I I P Section 63.4 -2 requires that a residential care facility shall not be located with 2,000 feet radius of an existing residential care facility. Residential arrangements that do not meet the definition of residential care facility in New Hanover County must conform to the definition of Family in the Zoning Ordinance: Family — One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over three (3) persons, but further provided: (A) that domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises, and (e) that a foster home as designated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family. (C) that any child less than eighteen (18) years of age living with parent(s) or legal guardian is not to be counted as a person in calculations hereunder. The Petitioner contends that the Oxford House model does not conform to the Zoning Ordinance definition of Residential Care Facility because the arrangement does not provide any "support or supervisory personnel, room and board, personal care, or rehabilitation services ". The Petitioner explains in a December 23, 2014 letter to Zoning Staff that Oxford Houses are not substance abuse centers, halfway houses, shelters, or community care facilities. The Petitioner's letter further stated that Oxford House residents are considered the functional equivalent of a family for several reasons; however, the County's definition of "Family" impedes the application of the Oxford House model, which provides accommodation for up to eight unrelated individuals on the basis that there is a financial and therapeutic benefit to having more residents. Understanding that persons with qualifying disabilities are offered federal statutory protection under the Federal Fair Housing Act and the Americans with Disabilities Act, and that the Zoning Ordinance currently does not define or regulate a use similar to a residential care facility but without on -site supervisory personnel, Staff recommends approval of the version below. A-421,(04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 3 Page 3 of 7 STAFF RECOMMENDATION: Red and Underline StFikethFe ,,." _ petitioner's Proposed Additions /Deletions Blue and Underline StFik^+"F^„^" _ Staff's Proposed Additions /Deletions 15 Section 23: Definitions 16 17 Disabled Persons — Individuals with disabilities, including individuals recovering from alcoholism 18 and /or drug addiction, who are protected by either the provisions of the Americans with 19 Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS 20 Chapter 168, Article 3, as each may be amended. 21 22 Group Home — A home in which up to elRh494 more than three (3) unrelated Disabled Persons 23 live together as a self - supporting and self- sufficient household unit, w4he6it aR 24 25 mike i^ ^ " +" 26 27 Section 50: Establishment of Use District; Table of Permitted Uses 28 29 Section 63.11: Group Homes 30 31 GrouD homes shall be Dermitted in accordance with the table of Dermitted uses in Section 50 and the 32 following standards: 33 34 1. Group homes shall be limited to six (6) Disabled Persons living together as a self - supporting and 35 self- sufficient household unit. 36 2. No group homes shall be occupied or operated without zoning approval. 37 3. Parking shall be provided in accordance with Article VIII: Off - Street Parking and Loading. 38 4. Group homes shall not be located closer than 2000 feet to any other existing group home, 39 measured by a straight line from the nearest property lines. R 5. N 41 p� R R R R R7 B B I I O A A s R F supp A special circumstances set forth in this section to allow for a reasonable accommodation 48 20s 20 15 10 50 1 2 1 2 1 R I C A M Regs c Permitted Uses u s Group Homes P P P P P P P 28 29 Section 63.11: Group Homes 30 31 GrouD homes shall be Dermitted in accordance with the table of Dermitted uses in Section 50 and the 32 following standards: 33 34 1. Group homes shall be limited to six (6) Disabled Persons living together as a self - supporting and 35 self- sufficient household unit. 36 2. No group homes shall be occupied or operated without zoning approval. 37 3. Parking shall be provided in accordance with Article VIII: Off - Street Parking and Loading. 38 4. Group homes shall not be located closer than 2000 feet to any other existing group home, 39 measured by a straight line from the nearest property lines. 40 5. With respect to the distance between the proposed use and the existing, permitted uses 41 described in subsection 4 above, the distance shall be reduced by the right -of -way of a major 42 thoroughfare exceeding one hundred (100) feet, major topographical features such as a major 43 watercourse, or by major nonresidential or public uses such as a park, school, or religious 44 institution. 45 6. Special Exceptions 46 a. Applicability. The Board of Adjustment is authorized to grant special exceptions for the 47 special circumstances set forth in this section to allow for a reasonable accommodation 48 under the Federal Fair Housing Act. 49 b. Application. An application for a special exception under this section shall be submitted 50 to the Board of Adjustment by filing a copy of the application with the Planning Director 51 or their desienee. No filing fee shall be reauired for such application. A -421, (04/15) Page 4 of 7 Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 4 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 c. Approval process. The procedures set forth in Section 121 -3 for variances and appeals shall apply to Staff Review and Report, Public Hearing Notice and Action of the Board of Adjustment. d. Approval criteria. The Board of Adjustment shall grant a special exception to any provision of this ordinance as a reasonable accommodation under the Federal Fair Housing Act if the Board finds by the greater weight of the evidence that the proposed special exception is: i. "Reasonable." An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing zoning regulations, and if it will not impose significant financial and administrative burdens upon the County and /or constitute a substantial of fundamental nItaratinn of tha County's nrrI4nanra nrrniicinnc)- an ii. "Necessary." An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the Particular disability or handicap), and would afford handicapped or disabled persons equal opportunity to enjoy and use housing in residential districts in the County. Section 81: Minimum Parking Requirements Uses Required Off - Street Parking Group Home No more than 2 plus 1 per 4 beds and 1 per supervisor Staff's recommended version above was amended after the May 15, 2015 Planning Board workshop with a few minor but important changes. Under the definition for group home and also subsection 1, "without any in -home services or outside assistance" was stricken to not prevent administration of in- home services or outside assistance to a group home, such as visits from therapists or other services that may be necessary for persons with disabilities. Subsection 2 was amended to clarify that even though a certificate of occupancy may exist for an existing residential dwelling, a new approval must be sought when establishing a group home in that residential dwelling. Under subsection 4, the separation requirement was changed from % mile (1320 feet) to 2000 feet to be consistent with the current separation requirement for residential care facilities. This subsection was also modified so that the separation requirement only pertains to group homes and residential care facilities. Finally, the parking requirement under Section 81 was changed to be a maximum amount of parking that may be provided. This change was to give more flexibility to the individual group homes as to what parking they may wish to provide above the 2 spaces required for each residential dwelling unit. REVIEW AND ACTION: This request has been processed and reviewed per Section 110 — Amending the Ordinance. Notices of the petition request have been disseminated per the requirements of the Zoning Ordinance. Staff concludes that the amendment language provided in the Staff Recommendation would be consistent with the intent of Policy 5.7 of the 2006 Wilmington -New Hanover County CAMA Land Use Plan, which states: A -421, (04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 5 Page 5 of 7 Policy 5.7 — Preserve the character of the area's existing residential neighborhoods and quality of life. The recommended language creates a new use for "group homes" that are similar to the existing ordinance use of "Residential Care Facilities ", although variably different enough to warrant their own definition and supplemental standards. The new language would allow up to 6 unrelated persons with certain special needs to maintain a residential dwelling together, similar to the 6 currently permitted with the Residential Care Facilities definition. However, the recommended language also provides an opportunity for a group home provider to seek special exceptions for additional residents or other waivers from the requirements of Section 63.11 through a process heard by the Zoning Board of Adjustment by demonstrating that the special exception request is reasonable and necessary. Staff suggests that the recommended language is also supportive of Policy 17.2 and particularly Implementation Strategy 17.2.4: Policy 17.2 — Cooperate with non - profit organizations to ensure an adequate supply of housing for special needs, the elderly, and the disabled. Implementation Strategy 17.2.4 — Modify zoning regulations where appropriate to encourage housing populations with special needs such as the elderly and disabled. Staff feels that the recommended language provides for new housing opportunities for persons with special needs to maintain a dwelling unit together without a resident supervisor, while ensuring that the impact of new group homes will be minimal to existing residential communities. Action Needed • Motion to recommend approval either the Petitioner's request or Staff's recommendation • Motion to "table" the item in order to receive more information • Motion to recommend denial of the Petitioner's request based on specific reasons Example Motion for Approval: Motion for approval, as the Board of Commissioners finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because Describe elements of controlling land use plans and how the amendment is consistentl. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments./. Example Motion for Denial: Motion for denial, as the Board of Commissioners finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because Describe elements of controlling land use plans and how the amendment is not consistentl. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments./. A-421,(04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 6 Page 6 of 7 Staff Suggested Motion: Motion to approve the zoning ordinance text amendment as presented under the Staff Recommendation, as the Board of Commissioners finds that this amendment is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the amendment preserves the character of existing residential areas while broadening the opportunities for housing supply for the County's residents with special needs or disabilities. 2. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities. A-421,(04/15) Board of Commissioners - August 17, 2015 ITEM: 24- 2 - 7 Page 7 of 7 APPLICANT MATERIALS Board of Commissioners - August 17, 2015 ITEM: 24- 3 - 1 d�rlTY. NEW HANOVER COUNTY PLANNING & INSPECTIONS T 0 Application for •t3�ALFSNE� TEX AMENDMENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 -798 -7453 fax www.nbcgov.com APPLICATION OVERVIEW In order to assist petitioners through the text amendment process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: Section 110: Amending the Ordinance Section 111: Petitions Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:o0PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina, All meeting dates and application deadlines are published on the New Hanover County Planning website. Page l of 2 Board of Commissioners - August 17, 2015 ITEM: 24- 4 - 1 04/14 ryST` t .gy Wr4 Name Names} of text proposed to be changed Oxford House, Inc. Definitions Company c% Greg Heafner, Attorney for Petitioner able of Permitted Uses Address 1510 Twisted Oafs Drive City, State, Zip Section(s) of text proposed to be changed Chapel Hill, NC 27516 Phone Section 23 (919) 967 -3800 ection 50 Email gsheafner@bellsouth.net Case Number Date/Time received: 0 Received by: v,, � APPLICATION OVERVIEW In order to assist petitioners through the text amendment process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: Section 110: Amending the Ordinance Section 111: Petitions Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:o0PM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina, All meeting dates and application deadlines are published on the New Hanover County Planning website. Page l of 2 Board of Commissioners - August 17, 2015 ITEM: 24- 4 - 1 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 1:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, a $400.00 fee ($600.00 fee for Land Use Plan) payable to New Hanover County must accompany the petition. No supplemental information is required as part of the application. However, Planning Staff, the Planning Board, and the Board of County Commissioners may require additional information, if needed, to assure that the proposed text amendment is in accordance with all County plans and policies. PROPOSED TEXT CHANGE (Use or attach additional pages as needed) In Section 23 add the following definition: Disabled Persons - individuals with disabilities, including individuals ecovenng from alcoholism an or drug a a ion, a are pr—oTeRcTe-d by either tne provisions o e meneans wo , s each may be ame, ided. In SoGtion 23 the following definition- Group Horne - a hgrne in ighir-h lup4o eight (8) DisablodRari; OP-thAriEls a self-supporting and self-sufficient household v_ia-home sen&pq or oijtcurla assistance roue Homes must register with the County and :shall he at io mile from each other. In Section 50 add Group Home to the table of permitted uses under the Health category, and designate Group Home s a permitted use In a ollowing distncts: PD, R20 , R20, R15, R10, R7, AR, and RA. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Greg Heafner, Attomey for Petitioner Signature of Petitioner and /or P perty Owner Print Name Page 2 of 2 Board of Commissioners - August 17, 2015 44114 ITEM: 24- 4 - 2 GREGO$Y A"x HEAFNE$, PA ATTORNEY AT LAW 1510 TWISTED OAK DRIVE CHAPEL HILL, NORTH CAROLINA 27516 PHONE (919) 4967 -3800 FAX (019) 933 -8125 December 23, 2014 Ms. Linda Painter Zoning Compliance Official New Hanover County Planning & Inspections Dept. 230 Government Center Drive, Suite 110 Wilmington, NC 28403 RE: 110 Lansdowne Road, Wilmington, NC 28409 Dear Ms. Painter: Thank you for our conversation about my client, the Oxford House located at the above referenced address, and your inquiry regarding same. You inquired as to the nature of Oxford House's use of the property. This letter shall supplement our conversation and describe in detail what Oxford House is, and is not. Further, if and to the extent necessary, this letter shall also serve as Oxford House's request for a reasonable accommodation pursuant to the Fair Housing Act. Oxford House is a self-run, self- supported recovery home concept and standardized ,V 3tCAM, vi 07-t 011 t1 at :,!% ed d� t1k, IfiOd tl ii;i LitC_ Self -Wil, Deli - SaPpOlWi gl'Ol117 1CU0vefj homes authorized for start-up loans under §2036 of the Federal Anti -Drug Abuse Act of 1988, PL 100 -690. This legislation required each state to set aside $100,000 in a revolving loan fund to make loans to six or more recovering addicts and alcoholics to assist in the establishment of housing that is financially self - supported, democratically run, and immediately expels anyone who relapses. Many of the over one thousand Oxford Houses in the United States were started with loans pursuant to this Act through contracts with state governments. Each Oxford House is chartered by Oxford House, Inc., a 501 (c) (3) nonprofit umbrella organization. Three basic conditions are required to obtain a charter: 1). The house must be democratically self -run following the standard system of operation set forth in the Oxford House Manual; 2). The house must be financially self-supporting by the individual residents paying Board of Commissioners - August 17, 2015 ITEM: 24- 5 - 1 equal shares of household expenses in a timely manner, and; 3). The house must immediately expel any resident who returns to using alcohol or drugs inside or outside of the house. Oxford House, Inc.'s by -laws preclude it or its chartered houses from owning residential property, thus all Oxford Houses are rented. A group wanting to start an Oxford House behaves in the household rental market just like an ordinary family. It finds an available, suitable house and rents it by paying. the first month's rent and security deposit to a willing landlord. Usually, these funds come from the above referenced start-up loans. Oxford House residents are encouraged to rent single family dwellings in good neighborhoods. The houses operate autonomously, but must follow the procedures in the Oxford House Manual and adhere to the conditions of its charter. Each Oxford House has a separate tax identification number and bank account. There are no dues or fees to Oxford House, Inc. by individual house;, but having a charter gives the houses technical assistance and support by Oxford House, Inc., including defense of the civil rights of every Oxford House. Oxford Houses are not substance abuse centers, halfway houses, shelters or community care facilities. There are no governmental licensing requirements for an Oxford House. No treatment, counseling, therapy, or any type of health care services is provided. There is no house manager, paid staff or other type of institutional personnel involved in the supervision or management of the house. All decisions relating to the functioning of the house are made democratically. Each house manages its own finances. There is no random testing for alcohol or drug use, or any rules relating to curfews. In an Oxford House residents live there by choice. Oxford House residents are considered to be the functional equivalent of a family for several reasons. First, all the residents have access to the entire house. Second, all the residents participate equally in the housekeeping functions of the house, such as chores and finances. Each resident, however, is responsible for his own food and cooking. Third, the quality of the relationship among the residents is one of emotional and mutual support and bonding giving each resident support in their recovery from alcoholism. Fourth, the living arrangement is not based upon a profit motive. Finally, there are no limits as to how long a resident can stay in Oxford House. The average length of stay nationally is thirteen months. Oxford House residents rent the entire premises rather than a single room. They have access to the entire house and all of the household facilities, and live in the house as any other group of unrelated persons functioning as a single housekeeping unit. The residents of the house share all household responsibilities, including financial responsibility for the rent and utilities, which they payout of a single household checking account. They also share in the cooking, shopping, cleaning and general care of the premises. The residents live together purposefully to create a family atmosphere, where all aspects of domestic life are shared by the residents. There are no special locks on the doors of the bedrooms. There is no staff, paid or otherwise, living in the house or overseeing the house, and no treatment or professional services provided at the premises. Board of Commissioners - August 17, 2015 ITEM: 24- 5 - 2 Physically the house is no different than any other single family house in the neighborhood. It is simply a single family dwelling that is being rented by a group of individuals. The lease for each Oxford House is between each the property's landlord and the Oxford House itself, an unincorporated association composed of the residents. There is a direct landlord -tenant relationship between the actual residents of the premises and the landlord. As the lease clearly indicates, there are no other persons or organizations, other than the residents who are living in the house and responsible for paying the rent. Most importantly, there is no third party making any decisions regarding the way these houses operate or who resides in the houses. On the contrary, it is the residents themselves who are making all of these decisions. Moreover, not only is there no owner or operator at the premises who is making decisions regarding who lives in the premises and how the premises would function, but all of the household expenses including rent, utilities and basic household supplies are shared by the residents. Further, the payments are all equal, regardless of th- size of the room, since each resident is leasing the entire house, not just a room. The landlord is paid one monthly check for rent, which reflects the rent for the entire house. Finally, if there is an opening, the residents decide if they wish to fill the opening and if so, the identity of the new occupant.1 Oxford House residents are a protected class under the Federal Fair Housing Act, and the American with Disabilities Act. See The Fair Housing Act, 42 U.S.C. 3600 et. seq. Recovering addicts and alcoholics are specifically included within the definition of "handicapped individual" under these Acts. See 42 U.S.C. 3602(h), and City of Edmonds, WA v. Oxford House, Inc. 514 U.S. 725 (1995); Oxford House v. City of St. Louis, 77 F.3d 249 (8th Cir. 1996); United States (on behalf of Oxford House) v. Village of Palatine, 37 F.3d 1230 (7th Cir. 1994); United States (on behalf of Oxford House) v. Village of Audubon, 797 F. Supp. 353, afPd without opinion, 968 F.2d 14 (3d Cir. 1992); Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179 (E.D.N.Y. 1993); Oxford House v. Township of Cherry Hill, 799 F. Supp. 450 (D.N.J. 1992); Oxford House - Evergreen v. City of Plainfield, 769 F. Supp. 1197 (D.N.J. 1991), and; Tsombanidis, and Oxford House, Inc. v. City of West Haven, Connecticut, 180 F. Supp. 262 (Ct. 2001). As members of a protected class under the Federal Fair Housing Act, the issue of whether an Oxford House is in violation of local. zoni.ng ordinances is not relevant to the question of federal law. See United States (on behalf of Oxford House) v. Village of Audubon, supra. Thus, any allegation that Oxford House has violated a local zoning ordinance does not abrogate its rights in claiming discrimination under the Federal Fair Housing Act. The Federal Fair Housing Act prohibits discriminatory land use decisions by municipalities, even when such decisions are "ostensibly authorized by local ordinance." See Oxford House Evergreen v. City of Plainfield, supra; also 42 U.S.C. Section 3615 ( "any law of a State, a political subdivision, or other For more information about Oxford House and its recovery program, please see www. oxfordhouse. org, Board of Commissioners - August 17, 2015 ITEM: 24- 5 - 3 jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid under the Fair Housing Act "). In addition 42 U.S.C. 3604(f)(3)(B) defines discrimination to include a "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such handicapped person equal opportunity to use and enjoy a dwelling." See Oxford House v. City of St. Louis, supra; Oxford House v. City of Plainfield, supra; Oxford House v. Township of Cherry Hill, supra, and; Oxford House, Inc. v. Town of Babylon, supra. The issue involved in most reasonable accommodation requests is whether or not the specific request would place an unreasonable burden on the governmental authority granting the request. The New Hanover County Zoning Ordinance's definition of a Residential Care Facility is "a home that provides support or supervisory personnel, room and board, personal care or rehabilitation services in a family environment to not more than six resident handicapped persons ". As you and I discussed, Oxford House's use of 110 Lansdowne Road does not fit this definition. This is because, as stated above, the Oxford House does not provide any "support or supervisory personnel, room and board, personal care, or rehabilitation services ". You stated that the Oxford House might then be considered a family under the zoning ordinance. However, the definition of family in the ordinance states that a family shall not exceed more than three unrelated persons. As we discussed the Oxford House at 110 Lansdowne Road has eight residents, all women, none of whom are related by blood, marriage or adoption. The County's zoning ordinance does not contain a definition of use that exactly fits the Oxford House use. If the County seeks to classify the Oxford House as a family (or any other definition of use) under the zoning ordinance, then Oxford House requests a reasonable accommodation pursuant to the Federal Fair Housing Act to allow eight unrelated persons to live at the home. It does not appear that such an accommodation would unreasonably burden New Hanover County. Should you have any questions, please do not hesitate to contact me. cc: Paul Molloy, Esq., CEO Oxford House, Inc. Board of Commissioners - August 17, 2015 ITEM: 24- 5 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798.7116 FAX (910) 798 -7053 Chris O'Keefe, AICP Dennis Bordeaux Ken Vafier, AICP Planning & Inspections Inspections Manager PIanning Manager Director January 14, 2015 Mr. Gregory A. Heafner, PA Attorney at Law 1510 Twisted Oak Drive Chapel Hill, NC 27516 RE: 110 Lansdowne Road, Wilmington, NC 28409 Dear Mr. Heafner: Thank you for your letter dated December 23, 2014. The information you provided about the operations of Oxford House at the above address was informative. After meeting with County staff, it has been determined that the Oxford House residents at 110 Lansdowne Road have the following options. 1) Move out of the single family dwelling at 110 Lansdowne Road. 2) Bring the property into compliance with the definition of Residential Care Facility as defined in the New Hanover County Zoning Ordinance. or 3) Bring forward a text amendment to amend the New Hanover County Zoning Ordinance to define the use as it exists currently and those zoning districts where this use would be permitted. Please advise this office within ten days from receipt of this letter as to which option Oxford House is choosing. Once a choice is made, we can discuss a time frame to bring the property into compliance. Please contact either myself at 910 - 798 -7069 or Ben Andrea at 910 -798 -7571. Sincerely, Linda E. Painter Zoning Compliance Official Cc: Zhao Liang, 409 Waverly Hills Drive, Cary, NC 27519 Board of Commissioners - August 17, 2015 ITEM: 24- 6 - 1 REALTOR* LAND USE MEMORANDUM TO: Chair Ted Shipley, III, New Hanover County Planning Board Vice Chair Donna Girardot, New Hanover County Planning Board Mr. Benjamin Andrea, Current P& Z Supervisor, NH County FROM: Will Leonard, Government Affairs Committee Chair Shane Johnson, Chief Operating Officer DATE: May 6, 2015 SUBJECT: Group Homes — New Hanover County SUMMARY OF REQUEST The New Hanover County Planning Board (the "County ") has requested that the Wilmington Regional Association of Realtors® (the "Association "), review and comment on the recently proposed zoning amendment for group homes. It appears that the proposed zoning text amendment was submitted to the County by Oxford House, Inc. ( "OHI") as a reasonable accommodation request under the Fair Housing Act in connection with an existing OHI facility. The OHI proposal would amend the New Hanover County Zoning Ordinance by defining the terms "disabled persons" and "group home" and amending the Table of Permitted Uses to permit group homes by -right in the PD, R -20S, R -20, R -15, R -10, R -7, AR, and RZ Zoning Districts (hereinafter the "OHI Amendment "). For the purpose of this memorandum, the County provided us with a copy of a Planning Board staff report dated April 2, 2015 (the "Staff Report"), which contains the text of the proposed OHI Amendment and County staff's position and recommendation on the proposal.' In reviewing this memorandum, please note that we are not North Carolina attorneys, and that our analysis reflects our review of the issues discussed from the perspective of our general experience with land use planning, policies, and techniques, along with their implementing laws and regulations. We do not purport to offer a legal opinion or legal advice with respect to the interpretation and effect of North Carolina law. To the extent that you requires a legal opinion or advice on this issue, you should consult with North Carolina counsel. EXECUTIVE SUMMARY The Background section of this memorandum begins with a discussion of the OHI and the proposed OHI Amendment. It next provides a general discussion of the Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (the "FHAA "), including its applicability to local zoning restrictions and the FHAA - mandated duty to make reasonable accommodations necessary to afford handicapped persons equal opportunity to use and enjoy a dwelling. 1 The proposed OHI Amendment is listed as Item 2 on the April 2, 2015 Planning Board Agenda (the Staff Report is located at pages 64 -77) (available online at httn: / /laserfiche.nhc ov.com/weblink8 /0 /doc /2862000 /Electronic.aspx). Board ot Commissioners - August 1 7, 201 5 The Analysis section is organized into two parts. Part I notes that the New Hanover County Zoning Ordinance does not appear to permit the existing Oxford House use. In deciding whether to approve the OHI Amendment, the County must consider its FHAA mandated duty in addition to those factors that it normally considers in reviewing proposed zoning text amendments under Section 110 -1 (Amending the Ordinance) of the Zoning Ordinance. Part 11 of the Analysis provides a discussion of the OHI Amendment and inherent problems therein, and alternatives to the OHI Amendment. BACKGROUND OVERVIEW OF THE PROPOSED OHI AMENDMENT Proposed Zoning Ordinance Text Amendments The OHI Amendment proposes two key changes to the Zoning Ordinance. First, it proposes to amend Section 23 (Definitions) by adding the following definitions of "Disabled Persons" and "Group Home ": Disabled Persons — Individuals with disabilities, including individuals recovering from alcoholism and /or drug addiction, who are protected by either the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or NCGS Chapter 168, Article 3, as each may be amended. Group Home — A home in which up to eight (8) Disabled Persons live together as a self - supporting and self - sufficient household unit, without any in -home services or outside assistance. Group Homes must register with the County and shall be at least one - quarter mile from each other. Second, it proposes to amend Section 50 (Establishment of Use District; Table of Permitted Uses) by adding "Group Homes" as a use that is permitted by -right in the PD, R -20S, R -20, R- 15, R -10, R -7, AR, and RZ Zoning Districts. Background on OHI and the Proposed OHI Amendment According to the Staff Report, OHI submitted the zoning amendment request in order to "rectify a violation situation." In a December 23, 2014 letter to the County Zoning Compliance Official (the "OHI Letter "), an attorney representing OHI stated that OHI rents a house in New Hanover County that OHI uses as a "self -run, self - supported group recovery home ... [for] six or more recovering addicts and alcoholics. "2 The OHI Letter further describes the "Oxford House" use as follows: Each Oxford House is chartered by Oxford House, Inc., a 501(c)(3) nonprofit umbrella organization. Three basic conditions are required to obtain a charter: (1) The house must be democratically self -run following the standards system of operation set forth in the Oxford House Manual; (2) The house must be financially self - supporting by the individual residents paying equal shares of household expenses in a timely manner; and 2 Letter from Attorney Gregory A. Heafner to Linda Painter, Zoning Compliance Official, dated December 23, 2014. 2 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 (3) The house must immediately expel any resident who returns to using alcohol or drugs inside or outside the house ... Oxford Houses are not substance abuse centers, halfway houses, shelters or community care facilities. There are no governmental licensing requirements for an Oxford House. No treatment, counseling, therapy, or any type of health care services is provided. There is no house manager, paid staff or other type of institutional personnel involved in the supervision or management of the house. All decisions relating to the functioning of the house are made democratically. Each house manages its own finances. There is no random testing for alcohol or drug use, or any rules relating to curfews. In an Oxford House residents live there by choice.3 The OHI Letter states that Oxford House residents "are a protected class under the Federal Fair Housing Act, and the Americans with Disabilities Act"' and that "[r]ecovering addicts and alcoholics are specifically included within the definition of `handicapped individual' under these Acts. ,5 The OHI Letter further states that the Fair Housing Act "prohibits discriminatory land use decisions by municipalities, even when such decisions are ostensibly authorized by local ordinance" and notes that the Fair Housing Act defines "discrimination to include a `refusal to make reasonable accommodation in rules, policies, practices, or services, when such accommodations may be necessary to afford such handicapped person equal opportunity to use and enjoy a dwelling. "" The OHI Letter argues that the Oxford House use does not fit the definition of either "Residential Care Facility "' (because it does not provide any "support or supervisory personnel, room and board, personal care, or rehabilitation services ") or "family "' (because it contains more than three unrelated persons) under the Zoning Ordinance. It closes with the following request: If the County seeks to classify the Oxford House as a family (or any other definition of use) under the zoning ordinance, then Oxford House requests a reasonable accommodation pursuant to the Federal Fair Housing Act to allow eight unrelated persons to live at the home. It does not appear that such an accommodation would unreasonably burden New Hanover County.' The Staff Report acknowledges that "persons with qualifying disabilities are offered federal statutory protection under the Federal Fair Housing Act and the Americans with Disabilities Act," but recommends that the County deny the proposed OHI Amendment. It states: Staff is of the opinion that reasonable accommodation for persons with disabilities protected under federal law can be sought through the allowance of up to three unrelated s Id_ at 1 -2. 4 Id_ at 3 (citing the Fair Housing Act, 42 U.S-C. 3600 et seq.). s Id_ (citing 42 U.S.C. 3602(h); City of Edmonds v. Oxford House, Inc_, 514 U-S. 725 (1995); and several other federal judicial decisions in which OHI apparently was a party). 6Id. at 4 (citing 42 U.S.C. 3604(f)(3)(13)). ' The Zoning Ordinance defines "Residential Care Facility" to mean: "A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons." Zoning Ord. § 23. s The Zoning Ordinance defines "Family," in relevant part, as: "One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over three (3) persons." Zoning Ord. § 23. ' Id 3 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 individuals living in a single residence as prescribed by the definition of Family in the Zoning Ordinance." The Staff Report cites to the County Land Use Plan as the basis for its recommendation that the County deny the request: Staff recommends the denial of the request. Staff concludes that the request is not consistent with the intent of Policy 5.7 of the 2006 Wilmington -New Hanover County CAMA Land Use Plan, which states: Preserve the character of the area's existing residential neighborhoods and quality of life. Staff feels that permitting a use that allows for up to 8 unrelated individuals to occupy a single dwelling unit would intrude upon the quality of life enjoyed by residents in New Hanover County. Staff also concludes that the amendment request is not reasonable and in the public interest as the amendment would permit up to eight unrelated individuals to occupy a single dwelling unit in contrast to the current Zoning Ordinance definition of "Family," and the amendment would place undue traffic, safety, and other burdens on established residential areas." OVERVIEW OF THE FEDERAL FAIR HOUSING ACT The Federal Fair Housing Act Generally In 1968, Congress enacted the comprehensive federal Fair Housing Act (the "FHA ") as Title VIII of the Civil Rights Act of 1968.12 The FHA initially prohibited discrimination on the basis of "race, color, religion, or national origin" and was amended in 1974 to prohibit discrimination based on "gender." 13 The FHA was further amended in 1988 by the enactment of the Fair Housing Amendments Act, which added to its prohibitions discrimination based on handicap or familial status (i.e., families with children). 14 The FHAA prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, sex, national origin, familial status, or a disability. 15 Under the FHAA, it is unlawful "[t]o refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 16 It is likewise unlawful 10 Staff Report at 3. 11 Staff Report at 3 -4 (emphasis in original). "Fair Housing Act of 1968, 42 U.S.C. §§ 3591 et seq. 13 Housing and Community Development Act of 1974, Pub. L. No. 93 -383, 88 Stat. 633, 729 (1974). 14 Fair Housing Amendments Act of 1988, 42 U.S-C. § 3604. The FHA, as amended by the Fair Housing Amendments Act of 1988, is hereinafter referred to as the FHAA. 15 U.S. Department of Housing and Urban Development, Title VIII: Fair Housing and Equal Opportunity http://portaI.hud.gov/hudportal/HUD?src=/Trogram offices/fair housing equal_opp /progdesc /title8 (last visited April 30, 2015); 42 U.S.C. § 3604(a). 16 42 U.S.C. § 3604(a) (emphasis added)_ 4 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 to refuse to make "reasonable accommodations" to facilitate occupancy by handicapped persons. 17 Under the FHAA, "handicap" is broadly defined to include any person: (1) with a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) with a record of having such an impairment; or (3) regarded as having such an impairment." Protected handicapped status under the FHAA has been held by courts to include recovering alcoholics and drug addicts, but not people who currently use illegal drugs." Applicability to Local Zoning Restrictions The FHA applies not just to direct providers of housing, such as landlords and real estate companies, but also to municipalities, as well as banks and other lending institutions .2' The FHAA provides that any state or local regulation "that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid. "21 Of relevance to the OHI Amendments, the FHAA applies to local zoning restrictions that result in housing discrimination against people with handicapped status, particularly with respect to group homes for the handicapped.22 A zoning ordinance could violate the FHAA either by discriminating against people with handicapped status on its face or in its implementation. In particular, local zoning restrictions and decisions may violate the FHAA provisions prohibiting acts that "otherwise make unavailable or deny "23 a dwelling because of handicap and that make unlawful the "refusal to make reasonable accommodations "24 to afford the handicapped equal housing opportunity. Duty to Make "Reasonable Accommodations" The FHAA definition of discrimination against handicapped persons includes the "refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling. ,21 The courts have applied this "reasonable accommodations" duty in the context of local governmental land use and zoning regulation.26 In determining whether a proposed "accommodation" is reasonable and required by the FHAA in this regulatory context, the courts generally apply a "balancing of interests" standard, including consideration of: 17 42 U.S.C. § 3604(f)(3)(B). 18 RATHKOPF's THE LAW OF ZONING AND PLANNING § 25:9 (4th ed.) (hereinafter "RATHKOPF ") (citing 42 U.S.C. § 3602(h)). 19 Robert G. Schwemm, Housing Discrimination Law and Litigation (June 2013) § 11D:2 ( "All physical and mental impairments are included, which means that coverage extends far beyond such obvious examples as persons who use wheelchairs or are visually impaired to include those who are substantially limited by alcoholism, emotional problems, mental illness or retardation, and learning disabilities. "). 20 U.S. Department of Justice, The Fair Housing Act, http: / /www.justice.gov /crt /about /hce /housing_coverage.php (last visited April 30, 2015). 2'42 U.S.C. § 3615. 22 See RATHKOPF § 25:8. 23 42 U.S.C. § 3604(f)(1). 24 42 U.S.C. § 3604(f)(3)(B) (emphasis added). 25 42 U.S.C. § 3604(f)(3)(B) (emphasis added). 26 See RATHKOPF § 25:10. 5 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 (1) whether the accommodation proposed is necessary to provide an equal opportunity for housing; (2) the degree of the fiscal or administrative burdens imposed on the governmental defendant by the proposed accommodation; and (3) the extent to which the proposed accommodation will adversely impact legislative goals or policies 21 A leading treatise on zoning law provides the following examples of "reasonable accommodations" that have been required in cases involving local zoning regulations: In the context of zoning restrictions, waiver of a specific restriction may be required unless to do so imposes undue fiscal or administrative burdens on the municipality or significantly undermines the basic zoning policy furthered by the restriction. As a practical matter, courts have been inclined to require the waiver of minor violations or unduly burdensome restrictions. In particular cases, courts may require the waiver of zoning district allowed use restrictions, yard and setback restrictions, unduly burdensome safety requirements, distancing requirements, and restrictions on the number of unrelated or allowed occupants. Permit conditions imposed must be related to the actual needs and abilities of the group home residents. 28 Zoning Restrictions on Unrelated Occupants Zoning ordinances often restrict the number of unrelated occupants who may reside together in a single - family zoning district. The FHAA specifically exempts from its scope "reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. "29 The circuit courts initially were divided as to whether this exemption extended to zoning restrictions based on the number of unrelated occupants. The U.S. Supreme Court settled the dispute in the 1995 case of City of Edmonds v. Oxford House, Inc., which held that the exemption does not apply to limitations on unrelated occupants.30 The following excerpt from the treatise Rathkopf's The Law of Zoning and Planning summarizes the key points of the City of Edmonds decision: In City of Edmonds, the ordinance defined "family" as "an individual or two or more persons related by genetics, adoption, or marriage, or a group of five or fewer persons who are not related by genetics, adoption, or marriage." Only a family, as defined, could reside in a single - family zone. The city took the position that its single - family restrictions were covered by the exception and were therefore outside the reach of the Fair Housing Act. Oxford House argued that the exemption should apply only when a maximum occupancy restriction exists for all occupants, not just unrelated occupants. In the Supreme Court's 6 -3 decision, Justice Ginsburg, in ruling that the city's restriction was not exempt under the Fair Housing Act, stated: The defining provision at issue describes who may compose a family unit; it does not prescribe "the maximum number of occupants" a dwelling unit may house. We hold that ... [the Fair Housing Act] does not exempt prescriptions of the family - defining kind, i.e., provisions designed to foster the family character of a 27 RATHKOPF §§ 25:10, 25:15 (citations omitted). 28 RATHKOPF § 25:15. 29 42 U.S.C. § 3607(b)(1). so City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 115 S. Ct. 1776 (1995). 6 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 neighborhood. Instead, ... [the] absolute exemption removes from the FHA's scope only total occupancy limits, i.e., numerical ceilings that serve to protect overcrowding in living quarters. Throughout the opinion, the Supreme Court contrasted the city's family - defming restrictions with true maximum occupancy restrictions, which "cap the number of occupants per dwelling, typically in relation to available floor space or the number and type of rooms." In a passage that should give municipal officials clear guidance about the kind of restrictions that are not exempt from the Fair Housing Act, the Court observed: But Edmonds' family composition rule surely does not answer the question: "What is the maximum number of occupants permitted to occupy a house ?" So long as they are related "by genetics, adoption, or marriage," any number of people can live in a house. Ten siblings, their parents and grandparents, for example could dwell in a house in Edmonds' single - family residential zone without offending Edmonds' family composition rule.31 It is important to note that City of Edmonds did not hold that limitations on the number of unrelated occupants per se violates the FHAA, only that such restrictions do not qualify for the statutory exemption and therefore are subject to a discrimination and reasonable accommodation analysis. The lower courts have disagreed about whether such occupancy restrictions violate the FHAA where they are facially neutral (i.e., applicable to all unrelated persons, not just to the handicapped).32 In general, local zoning regulations that rely upon a special permit or variance process to accommodate group homes have not fared well in FHAA cases. In addressing the zoning treatment of handicapped group homes under the FHAA, the Rathkopf zoning treatise observes that: A number of courts have held that utilization of special permits and variances to accommodate the establishment of group homes for the handicapped does not per se violate the Fair Housing Act. Where these zoning procedures [i.e., special permits and variances], however, are not facially neutral or are applied in a discriminatory manner, they are likely to be held to violate the Act." In other words, in light of the FHAA mandate, it is not advisable that communities use a special permit or variance process to accommodate group homes. ANALYSIS The analysis that follows is organized into two parts. Part I discusses the OHI Amendment in relation to the duty under FHAA to make reasonable accommodations for handicapped persons. Part II provides a discussion issues raised by the proposed OHI Amendment. " RATHKOPF § 25:16 (quoting City of Edmonds, 115 S. Ct. at 1779, 1782) (emphasis added). 32 RATHKOPF § 25:16 (citations omitted). 33 RATHKOPF § 25:13 (citations omitted). 7 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 PART L THE OHI AMENDMENT AND THE FHAA DUTY TO REASONABLY ACCOMMODATE Issue: The OHI Amendment appears to constitute a request for a reasonable accommodation under the FHAA, but raises two problems (addressed below). The Current Zoning Ordinance Apparently Does Not Permit the Oxford House Use. According to the Staff Report, the Oxford House use is prohibited by the County Zoning Ordinance.34 The OHI Letter describes the Oxford House as a "self -run, self - supported group recovery home ... [for] six or more recovering addicts and alcoholics." The OHI Letter further states that the house "must immediately expel any resident who returns to using alcohol or drugs inside or outside the house." Based on this description, it appears that the Oxford House use cannot be considered a "family" within the meaning of the New Hanover County Zoning Ordinance because it involves more than three unrelated persons living together in a single dwelling unit. Section 23 of the Zoning Ordinance defines "family" as follows: Family — One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over three (3) persons, but further provided: (A) that domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises; (B) that a foster home as designated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family. (C) that any child less than eighteen (18) years of age living with parent(s) or legal guardian is not to be counted as a person in calculations hereunder. 15 It also appears that the Oxford House use does not constitute a "Residential Care Facility" under the Zoning Ordinance, since the Oxford House use does not include any support or supervisory personnel or rehabilitative services.36 The Zoning Ordinance does not appear to define the term "group home" and does not list "group home" in its Table of Permitted Uses. The FHAA- Mandated Duty to Reasonably Accommodate As noted above, the FHAA definition of "handicap" has been interpreted by the courts to include recovering alcoholics and drug addicts, but not people who currently use illegal drugs. The Oxford House use (as described in the OHI Letter) appears to fall squarely within this definition, as it consists of recovering addicts and alcoholics and requires that any resident who returns to alcohol or drug use immediately be expelled from the house. Based on the foregoing, it appears likely that Oxford House residents have protected handicapped status under the FHAA. If Oxford House residents do, in fact, have protected status under the FHAA, then the County cannot refuse to make "reasonable accommodations in rules, policies, practices or services, when s4 See Staff Report at 1 (stating that the Oxford House use "is not compliant with the county's zoning regulations "). ss Zoning Ord. § 23 (emphasis added; annotations omitted). s6 The Zoning Ordinance defines "Residential Care Facility" to mean "A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons." Zoning Ord. § 23 (emphasis added). 8 - REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 such accommodations may be necessary to afford [the Oxford House] equal opportunity to use and enjoy a dwelling "37 in the County. The OHI Amendment appears to be a request for a reasonable accommodation under the FHAA. If that is the case, then the OHI Amendment is different than the typical zoning text amendment in that the County's decision on the request would be subject to appeal under the FHAA. Moreover, in the event of an appeal under the FHAA, a court would not give the County decision the deference that normally would apply in a typical appeal of a zoning decision. In fact, the burden of proof shifts to the community once a plaintiff has made a showing of housing discrimination under the FHAA. A recent article on planning and zoning for group homes emphasizes this difference: Generally speaking, courts review local zoning decisions deferentially. Where a local legislative body is making a legislative decision —that is, enacting a zoning ordinance with broad coverage over the jurisdiction in question —the decision of the local legislative body is generally upheld unless it was arbitrary and capricious, or without some basic rationale. However, when cases are brought under the FHAA, courts are far less deferential in their review of local zoning decisions.... The lack of judicial deference to local legislative bodies in the fair housing arena is evident in the burden - shifting approach adopted by a number of courts reviewing FHAA claims against local zoning authorities. The plaintiff in an FHAA case has the initial burden of establishing a prima facie case of housing discrimination under the statute. Such a prima facie case may be shown on the theory of discriminatory intent or disparate impact, or the plaintiff may show that the local zoning accommodation requested by the person with a disability ... is reasonable under the requirements of § 3604(f)(3). Once the plaintiff has made out a case of discrimination against a person with a disability or a group, the burden then shifts to the local government to demonstrate a legitimate, bona fide governmental interest and to show that no alternative would serve the interest with less discriminatory effect.38 If the County denies the OHI Amendment and OHI files an appeal under the FHAA, then the decision would be reviewed under the "balancing of interests" test generally applied by the courts in determining whether a proposed "accommodation" is reasonable and required by the FHAA. Under this test, the courts generally balance the interest of the parties involved by considering whether: (1) the accommodation proposed is necessary to provide an equal opportunity for housing; (2) the degree of the fiscal or administrative burdens imposed on the governmental defendant by the proposed accommodation; and (3) the extent to which the proposed accommodation will adversely impact legislative goals or policies." Note: This memorandum does not address whether the OHI Amendment constitutes an accommodation that is reasonable and required under this balancing test, or how a court might 37 42 U.S.C. § 3604(t)(3)(B). " Connolly & Merriam, The Promise and Challenge of Planning and Zoning for Group Homes, 38 ZONING AND PLANNING LAw REPORT at 13 (Thomson Reuters, Feb. 2015) (hereinafter "Zoning for Group Homes ") (emphasis in original)_ 39 RATHKOPF §§ 25:10 (citations omitted). 9 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 rule on the issue in the event that the County denies the request and OHI chooses to appeal the denial under the FHAA. However, if the OHI Amendment does, in fact, constitute a request for a reasonable accommodation under the FHAA, then it would be prudent for the County to treat it as such. Section 110 -1 (Amending the Ordinance) states that the County Commissioners may amend the text of the Zoning Ordinance "for the purpose of promoting the health, safety, morals or the general welfare" of the County. Presumably these are the factors that the Commissioners normally consider in deciding whether to approve a request for a zoning text amendment. In deciding whether to approve the proposed OHI Amendment, however, the County Commissioners must also consider its FHAA mandated duty to make reasonable accommodations to the extent that its Zoning Ordinance results in housing discrimination against persons of handicapped status. Moreover, while the timing of the proposed OHI Amendment is not ideal —the County reportedly is in the midst of updating its Zoning Ordinance —the planning and zoning process must also take the FHAA mandate into account. Caveat: It is important for to understand that the duty to make reasonable accommodations is a federal mandate that prevents communities from excluding handicapped persons (which includes recovering alcoholics and drug addicts) from residential neighborhoods. In Zoning for Group Homes, the authors argue that although "opposition to group homes is deeply ingrained in many neighborhoods," concerns about traffic and other neighborhood impacts are not justified: The reality, of course, is that except for an occasional passenger van —no more intrusive than the large pickup trucks driven by so many people today —there is nothing out of the ordinary in the appearance and use of the [group] home. Most zoning codes allow an unlimited number of persons to reside together so long as they are related by blood, marriage, or adoption. Therefore, in one sense, having a group home with a half dozen residents and a caregiver is likely to have less impact on the neighborhood than a large extended family residing together in a single dwelling." Comment: While OHI's request may represent a reasonable accommodation, there are more effective ways in which the County can reasonably accommodate the Oxford House and group homes generally. Part II of the Analysis provides two options that have been successfully used in other jurisdictions. Problem: The OHI Amendment is specialized legislation that would address the specific needs of the Oxford House but would not allow the County to review reasonable accommodation requests on a case -by -case basis. The OHI Amendment proposes to make group homes (as defined in the OHI Amendment) a use that is permitted by right in all residential zoning districts, subject only to the requirement that they register with the County and be separated by least one - quarter mile from other group homes. While the OHI Amendment presumably would accommodate the specific needs of the Oxford House and other group homes following a similar model, it would not enable the County to address the reasonable accommodation of an individual or a group of individuals with a handicap that does not meet the proposed definition of "group home." For example, the OHI Amendment would not cover a home for recovering alcoholics that does include in -home services or outside 40 Zoning for Group Homes at 4. 10 – REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 assistance, since the proposed definition of "group home" would include only households "without in -home services or outside assistance." As a result, if and when the County is presented with a reasonable accommodation request from an individual or a group of individuals with a handicap that does not meet the proposed definition of "group home," the OHI Amendment would not provide a process for the County to review and take action on the request. Stated differently, the OHI Amendment might serve as an accommodation for the Oxford House, but it is not a comprehensive approach for the County to process requests for reasonable accommodations under the FHAA generally. Concern: The OHI Amendment is specialized legislation that would address the specific needs of the Oxford House but would not allow the County to review reasonable accommodation requests on a case -by -case basis. Problem: The numerical standards contained in the proposed definition of Group Home arguably are arbitrary and could lead to future requests for a reasonable accommodation under the FHAA. Under the OHI Amendment, the term "Group Home" would be defined to mean: A home in which up to eight (8) Disabled Persons live together as a self - supporting and self - sufficient household unit, without any in -home services or outside assistance. Group Homes must register with the County and shall be at least one - quarter mile from each other. The proposed maximum of eight disabled persons apparently is based on the number of unrelated recovering alcoholics or drug addicts that occupy the existing Oxford House use in New Hanover County.41 There is no indication in the Staff Report, the OHI Letter, or any other materials that we reviewed that any other group home exists in New Hanover County, whether operated by OHI or another entity. Consequently, the basis for the proposed quarter -mile separation distance requirement is unclear. Without evidentiary support, one could reasonably argue that both the unrelated disabled persons maximum and the quarter -mile separation distance requirement are arbitrary. Is eight the necessary number of recovering alcoholics or drug addicts that must reside together in order for a group home to provide sustainable therapeutic benefits and remain financially viable? Why couldn't the appropriate number be less than eight, or alternatively, more than eight? What is the basis for the quarter -mile separation distance requirement? Why shouldn't the requirement be set at a greater distance, such as a half -mile, or a smaller distance such as 500 feet? Ironically, even if the County adopts the proposed OHI Amendment, it is conceivable that a group home operator could request a reasonable accommodation from these numerical standards. For example, a group home operator could request that the County waive the eight person maximum on the ground that it needs at least ten recovering alcoholics or drug addicts in order to make a proposed group home financially viable. A group home operator could also request a waiver from the quarter -mile separation distance requirement in order to operate in closer proximity to an existing group home. 41 The OHI Letter states that "the Oxford House at 110 Lansdowne Road has eight residents, all women, none of whom are related by blood, marriage, or adoption." 11 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 Concern: The Association believes that the numerical standards contained in the proposed definition of Group Home are arbitrary and might themselves trigger a request for a reasonable accommodation under the FHAA. PART IL TWO ALTERNATIVES TO THE OHI AMENDMENT Option 1: Amend the definition of "residential care facility" in the Zoning Ordinance. Section 50 of the Zoning Ordinance (Table of Permitted Uses), appears to allow "Residential Care Facilities" by right in the residential zoning districts. "Residential Care Facility" is defined by the Zoning Ordinance to mean: "A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons. "42 The OHI Letter argues that the Oxford House use cannot be considered a "Residential Care Facility" under the Zoning Ordinance because it does not provide any "support or supervisory personnel, room and board, personal care, or rehabilitation services." Because it has eight residents, none of whom are related by blood, marriage or adoption, the existing Oxford House use also exceeds the maximum of six resident handicapped persons set by the County for a Residential Care Facility. Expanding the definition of "Residential Care Facility" might be an appropriate alternative to the OHI Amendment. Rather than creating a new group home use, the definition of "Residential Care Facility" could be revised to encompass groups of handicapped persons residing together without supervisory or support care services. For example, the definition could be revised as follows (added text is shown in underlined typeface): Residential Care Facility — A home with or without support and supervisory personnel that may or may not provide preys room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons. The Planning & hispections Director is authorized to grant a waiver from the six resident handicapped persons limit if and to the extent that the waiver is determined to be a reasonable accommodation that is necessary to afford handicapped persons equal opportune , to enjoy a dwelling under the Federal Fair Housing Act. This hypothetical amendment addresses both issues raised by OHI with respect to the existing definition of Residential Care Facility by (1) eliminating the support and supervisory personnel requirement, room and board, and personal care and rehabilitations services requirements; and (2) allowing the six - person cap to be waived to the extent necessary to comply with the FHAA mandate. It also would allow the County to review requests for Residential Care Facilities that have more than six resident handicapped persons under the FHAA on a case -by -case basis. Option 2: Adopt a reasonable accommodations ordinance. Under the proposed OHI Amendment, group homes (as defined in the OHI Amendment) would be permitted by right in all residential zoning districts, subject only to the requirement that they 42 Zoning Ord. § 23. 12 - REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 register with the County and be separated by least one - quarter mile from other group homes. As the petitioner for the OHI Amendment, OHI presumably has taken the position that the OHI Amendment constitutes a reasonable accommodation under the FHAA, since it would allow up to eight disabled persons live together as a self - supporting and self - sufficient household unit. However, the OHI Amendment arguably is not a necessary accommodation because other less extreme alternatives are available. One such alternative would be for the County to adopt a reasonable accommodations ordinance. Reasonable Accommodations Ordinances In order to satisfy the duty to reasonably accommodate handicapped persons under the FHAA, some local governments have amended their land use or zoning code to include a process whereby a person claiming to have a handicap can request, and the jurisdiction can grant, a waiver from a specific restriction of the land use or zoning code. A timely example of this approach is the City of Asheville, NC, which is currently considering adopting a reasonable accommodations ordinance in response to an ongoing investigation by the U.S. Department of Justice (the "DOF) into Asheville's treatment of residential housing for persons in recovery from substance abuse.43 The reasonable accommodations ordinance proposed for Asheville would establish a process in which the Board of Adjustment would hold a quasi-judicial hearing upon receipt of an application for a reasonable accommodation and would have the authority to "grant an exception or modification to any provision" of the city's Uniform Development Ordinance.44 If the Board finds that the proposed accommodation is "reasonable" and "necessary" and would be used by a person or persons with a disability or handicap under federal law (i.e., the FHAA or the ADA), then the Board would grant the request." According to the Asheville City Attorney Report, as part of its investigation the DOJ provided the city with "examples of ordinances from other jurisdictions [that the DOJ] had accepted in the past. ,46 The Asheville City Attorney Report states that copies of the draft ordinance were provided to the DOI, and the proposed ordinance now "incorporates all of their suggested comments. ,47 In recommending that the City Council approve the proposed reasonable accommodations ordinance, the Asheville City Attorney Report also states that the proposal "[f]urthers completion of the DOI investigation and ensures compliance with federal law, including the FHA and ADA. ,48 Other jurisdictions that have adopted reasonable accommodations ordinances include the cities of Seattle and Bellevue, Washington. Seattle's ordinance states: 43 See Staff Report to from the City Attorney to the Asheville Planning and Zoning Commission, dated March 19, 2015, at 2 (hereinafter "Asheville City Attorney Report") (available online at http: / /www.ashevillenc. gov/Portals /0 /city- documents /cityclerk/mayor and citycouncil/boards _ and _commissions/planning _ and _zoning/PZ_March2015_Reas onable_Accommodation Ordinance.pdf). 44 See generally Proposed Asheville Reasonable Accommodations Ordinance § 7 -6 -3_ 45 Proposed Asheville Reasonable Accommodations Ordinance § 7- 6- 3(e)(3). 46 Asheville City Attorney Report at 2. 47 Asheville City Attorney Report at 3. 48 Asheville City Attorney Report at 3. 13 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 Seattle Land Use Code — Section 23.40.040 — Reasonable accommodation. The Federal Fair Housing Act requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford handicapped people equal opportunity to use an enjoy a dwelling. The Director is therefore authorized to make accommodations in the provisions of this title as applied to dwellings occupied or to be occupied by handicapped persons as defined in the Federal Fair Housing Act, when the Director determines that such accommodations reasonably may be necessary in order to comply with such Act.49 Bellevue's Ordinance is as follows: Bellevue, WA Land Use Code — Part 20.30T — Reasonable Accommodation. Any person claiming to have a handicap or disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Land Use Code under the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b), or the Washington Law Against Discrimination, Chapter 49.60 RCW, must provide the Director of the Development Services Department with verifiable documentation of handicap or disability eligibility and need for accommodation. The Director shall act promptly on the request for accommodation. If handicap or disability eligibility and need for accommodation are demonstrated, the Director shall approve an accommodation which may include granting an exception to the provisions of this Code. The Director shall not charge any fee for responding to such a request. The Director's decision shall constitute final action by the City on the request for accommodation, and review of that decision will be available only in court. An action seeking such review must be filed not more than 21 days after the Director's decision.so Recommendation: As the preferred option, the Association suggests the County amend the definition of "Residential Care Facility" as an alternative to the proposed OHI Amendment. We believe this is the route that would most efficiently address federal compliance while keeping the ordinance both clear and navigable. In the alternative, the Association would urge the County to consider adopting a reasonable accommodations ordinance rather than the proposed OHI Amendment. In particular, the ordinance currently under consideration by the City of Asheville could be used as a model for the County to develop its own reasonable accommodations ordinance. If County officials are not familiar with Asheville's proposed ordinance (and the DOJ investigation that apparently prompted Asheville to draft the ordinance), then the Association urges the County to reach out to Asheville officials in an effort to learn from Asheville's experience in developing the proposed reasonable accommodations ordinance. 49 Seattle Land Use Code § 23.40.040 (Reasonable Accommodation) (available online at https://www.municode.com/librM/#!/wa/seattle/codes/municinal code). so Bellevue, WA Land Use Code § 20.30T (Reasonable Accommodation) (available online at http: / /www.codepublishing. com /wa/bellevue /LUC /B ellevueLUC203 0T.html). 14 — REALTOR® Land Use Memorandum on NH Co. Group Homes, 05 -06 -15 Board of Commissioners - August 17, 2015 GREGORY ALAN HEAFNER, PA ATTORNEY AT LAW 1510 TWISTED OAK DRIVE CHAPEL HILL, NORTH CAROLINA 27516 Phone (919) 967 -3800 Fax(919)336 -4165 May 12, 2015 Mr. Ben Andrea New Hanover County Planning & Inspections Dept. 230 Government Center Drive, Suite 110 Wilmington, NC 28403 VIA EMAIL ONLY TO: bandrea @nhcgov.com RE: 110 Lansdowne Road, Wilmington, NC 28409 / Text Amendment Request Dear Mr. Andrea: Thank you for our conversation last week regarding Oxford House's request for a text amendment and the upcoming Planning Board workshop on same. Pursuant to our conversation please find enclosed the following: 1. Survey of Group Home Ordinance in Major NC Cities; 2. Counteracting "Not in My Backyard ": The Positive Effects of Greater Occupancy within Mutual -help Recovery Homes; 3. The Relationship Between Neighborhood Criminal Behavior and Oxford Houses; 4. The Impact of Group Homes on Residential Property Values in Baltimore County, Maryland; 5. Supportive Housing (List of studies regarding group homes and property values), and; 6. Review of Realtor Land Use Memorandum All of the above are largely self - explanatory. I look forward to discussing same at the workshop this Friday. I understand the workshop begins at 9:00 a.m. this Friday, May 15, 2015. I assume it will be held in the same location as the last Planning Board hearing, if not please let me know otherwise. Sincerely, Greg Heafner cc: J. Paul Molloy, Keith Gibson Board of Commissioners - August 17, 2015 ITEM: 24- 8 - 1 Group Home Ordinances In Major NC Cities SUMMARY CITY MAXIMUIM ALLOWED NUMBER OF RESIDENTS Winston Salem 12 (Definition from ordinance below) Wilmington 12 (Definition from ordinance below) Raleigh 12 (Definition from ordinance below) Cary 10 Asheville 8 (Reasonable Accommodation Granted to Oxford House to allow 8 +) (Accommodation granted by request without legal action) Charlotte 10 (Reasonable Accommodation Granted to Oxford House to allow 8 in single family districts) (Accommodation granted from Board of Adjustment decision) (Definition from ordinance below) Garner 6 (Reasonable Accommodation Granted to Oxford House to allow 8) (Accommodation granted through HUD ruling and Fed Ct Lawsuit) Greensboro 6 (Reasonable Accommodation Granted to Oxford House to allow 8) (Accommodation granted through HUD ruling and Fed Ct Lawsuit) All of above cities also have a spacing requirement of either a quarter or half mile between group homes. All of above cities allow group homes as a matter of right as a permitted use in single family residential districts, not a conditional use. Board of Commissioners - August 17, 2015 ITEM: 24- 9 - 1 Winston Salem (8 or more) Habilitation Facility A. Any facility in which one to eight (8) handicapped persons receive habilitation services, rehabilitation services or engage in recreational activities, regardless of whether these services and activities are therapeutic or educational in nature. These facilities are licensed by the State of North Carolina and do not provide room and board. This definition does not include the principal uses Schools, Elementary or Schools, Secondary. These facilities are intended to serve handicapped persons as defined in State law, in accordance with rights provided by applicable laws Habilitation Facility B. Any facility in which nine (9) to twelve (12) handicapped persons receive habilitation services, rehabilitation services or engage in recreational activities, regardless of whether these services and activities are therapeutic or educational in nature. These facilities are licensed by the State of North Carolina and do not provide room and board. This definition does not include the principal uses Schools, Elementary or Schools, Secondary. These facilities are intended to serve handicapped persons as defined in State law, in accordance with rights provided by applicable laws. Habilitation Facility C. Any facility in which thirteen (13) or more handicapped persons receive habilitation services, rehabilitation services or engage in recreational activities, regardless of whether these services and activities are therapeutic or educational in nature. These facilities are licensed by the State of North Carolina and do not provide room and board. This definition does not include the principal uses Schools, Elementary or Schools, Secondary. These facilities are intended to serve handicapped persons as defined in State law, in accordance with rights provided by applicable laws. Handicapped Person. A person with a physical or mental impairment which substantially limits one or more of such person's life activities; a record of having such impairment; or being regarded as having such an impairment. This definition does not include current illegal use of or addiction to a controlled substance. This definition includes Willie M. children, but does not include persons who are dangerous to others. Dangerous to others means that with the recent past, the person has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another or the person has acted in such a manner as to create a substantial risk of serious bodily harm to another and that there is a reasonable probability that such conduct will be repeated. Board of Commissioners - August 17, 2015 ITEM: 24- 9 - 2 Wilmington (Up to 12 persons) Group home supportive, large: A dwelling unit in which up to twelve (12) special needs persons as defined in this section reside except that if a resident supervisor is provided, then the number of special needs persons permitted to reside therein is reduced by the number of resident supervisors residing therein Group home supportive, medium: A dwelling unit in which up to eight (8) special needs persons as defined in this section reside except that if a resident supervisor is provided, then the number of special needs persons permitted to reside therein is reduced by the number of resident supervisors residing therein. Group home supportive, small: A dwelling unit in which up to three (3) special needs persons as defined in this section reside with a family. Special needs persons: Battered individuals, abused children, foster children, pregnant women and their children, runaway children, temporarily or permanently disabled mentally, emotionally or physically, individuals recovering from drug or alcohol abuse, and all other persons who possess a disability which is protected by either the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101, the Fair Housing Act as amended, 42 USC 3601 et seq. or G.S. Ch. 168, Art. 3, as they may be amended, but does not include any persons who currently use illegal drugs, persons who have been convicted of the manufacture or sale of illegal drugs or persons with or without disabilities who present a direct threat to the health, safety or property of others. Board of Commissioners - August 17, 2015 ITEM: 24- 9 - 3 Raleigh Supportive housing residence. A dwelling unit in which more than four (4) unrelated persons may reside who are battered individuals, abused children, pregnant women and their children, runaway children, temporarily or permanently disabled mentally, emotionally or physically, individuals recovering from drug or alcohol abuse, and all other persons who possess a disability which is protected by the provisions of either the Americans with Disabilities Act of 1990, 42 USC 12101 or G.S. Article 3, Chapter 168, as they may be amended, along with family members and support and supervisory personnel. Charlotte Group home. A group home as used throughout this ordinance, means a "family care home" as defined in Chapter 168, Article 3, of the General Statutes. A group home means a home with support and supervisory personnel that provides room and board, personal care and habilitation service in a family environment for not more than six resident handicapped persons. A handicapped person means a person with a temporary or permanent physical, emotional, or mental disability, including, but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C- 3(11)b. In addition, a group home shall also mean a residential use, even if it does not conform to the language above, that provides a residential environment for no more than six residents which may require various services, living assistance, or supervision but does not include any facility that provides medical services requiring or comparable to on -site, nursing, physician, or medical care for the occupants which is only permitted in a dependent living facility or health. All group homes must comply with all applicable Federal, State, local licensing requirements and health regulations. The limit of 6 residents applies to group homes located in single family districts. Group homes located in any other district may house up to 10 residents. Board of Commissioners - August 17, 2015 ITEM: 24- 9 - 4 i. i■ NO ZT 0 1 v 0 0 1 N ZT 0 1 v 0 0 1 II NE N ZT 0 v 0 NIH Public Access G Author Manuscript OA- ....... . _'sychol. Author ;l. tiduscript; available in PMC 2011 November 1. Published in final edited form as: JCommunityPsychol 2008 September 1; 36(7): 947 -958. doi: 10. 1002/jcop.20259. Counteracting `Not in My Backyard': The Positive Effects of Greater Occupancy within Mutual -help Recovery Homes Leonard A. Jason, David R. Groh, Megan Durocher, Josefina Alvarez, Darrin M. Aase, and Joseph R. Ferrari DePaul University Abstract Group homes sometimes face significant neighborhood opposition, and municipalities frequently use maximum occupancy laws to close down these homes. This study examined how the number of residents in Oxford House recovery homes impacted residents' outcomes. Larger homes (i.e., 8 or more residents) may reduce the cost per person and offer more opportunities to exchange positive social support, thus, it was predicted that larger Oxford Houses would exhibit improved outcomes compared to smaller homes. Regression analyses using data from 643 residents from 154 U.S. Oxford Houses indicated that larger House size predicted less criminal and aggressive behavior; additionally, length of abstinence was a partial mediator in these relationships. These findings have been used in court cases to argue against closing down larger Oxford Houses. 125 words Keywords Oxford Houses; group homes; `Not in My Backyard'; substance abuse recovery Group Homes and `NIMBY' Since the 1960's, many institutional settings have been replaced with community-based programs for persons with mental illnesses, developmental disabilities, and substance abuse disorders (Michelson & Tepperman, 2003). An example of a community- based, mutual -aid recovery home for individuals dealing with substance abuse problems is Oxford House (OH; Jason, Ferrari, Davis, & Olson, 2006a). Oxford House has grown since 1975 to over 1,200 homes across the U.S., 30 in Canada, and eight in Australia. All homes are single -sex (i.e., men or women - only), and some women Houses allow residents' minor children. Individuals are typically referred to Oxford Houses by treatment facilities or through word of mouth, and new residents are admitted based on an 80% House vote. Regarding the operation and maintenance of Oxford Houses, no professional staff is involved, enabling residents to create their own rules for communal governance (Oxford House, 2002). Residents are held accountable to abstain from substance use or disruptive behavior; find and maintain a job; complete chores; and pay for rent, food, and utilities. Failure to comply with these rules along with any disruptive /criminal behavior or substance use is grounds for expulsion, and all rules are enforced by the house residents; as long as rules are followed, residents are allowed to stay indefinitely. In addition, residents are required to hold house positions (e.g., president or treasurer) elected for six -month intervals by 80% majority vote. A randomized study found that at two -year follow up, the Oxford House participants had lower substance use (31% vs. 65 %, respectively), higher monthly income ($989 vs. $440), and lower Address correspondence to the first author Leonard A. Jason at the Center for Community Research, 990 W. Fullerton Ave. Suite 3100, DePaul University, Chicago, 1L, USA, 60614. Phone: 773 - 325 -2018. Fax: 773 - 325 -4923. ljason @depaul.edu. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 1 . Jason et al. Page 2 i. N 0 ZT 0 1 v 0 0 1 .. on V 0 ZT 0 v 0 0 1 .. on V 0 ZT 0 v 0 0 1 incarceration rates (3% vs. 9 %) compared to usual- aftercare participants (Jason, Olson, Ferrari, & Lo Sasso, 2006b). There are numerous theoretical reasons why group homes such as Oxford Houses should be located in residential areas (Seymour, no date). For example, group homes in residential communities may allow for community integration, an active ingredient in the treatment of substance abuse and many other disorders. Group homes might also serve to educate the community about stigmatized populations (e.g., people with substance abuse problems, developmental disabilities, or mental illnesses). Finally, group homes can be a deterrent to crime because residents are generally required to maintain positive behaviors (e.g., sobriety) and are often vigilant. The Oxford House national organization dictates that new Houses be established in safe, low crime, economically stable neighborhoods with minimal opportunities for relapse (Oxford House, 2002). Regardless of geographic location, Oxford Houses are typically situated in low -drug, low -crime communities in which residents have access to resources and amenities that enable autonomy and substance -free lifestyles (Ferrari, Jason, Blake, Davis, & Olson; 2006a; Ferrari, Groh, Jason, & Olson, 2007). Nonetheless, group homes in residential areas sometimes face significant opposition (Zippay, 1997), with neighbors' concerns relating to property values, traffic, noise, inappropriate behavior (Cook, 1997), and safety (Schwartz & Rabinovitz, 2001; Solomon & Davis, 1984). This phenomenon is commonly referred to as the `Not in My Backyard' syndrome (NIMBY; e.g., Dear, 1992; Kim, 2000; Low, 1993). Oxford Houses are certainly not immune to NIMBY; for instance, a North Carolina Oxford House was protested and vandalized by neighbors before it opened. In addition to neighborhood opposition, municipalities employ several techniques to legally regulate, restrict, or even close down group homes (Gathe, 1997). To start out with, cities sometimes decline to provide the required license to prevent the opening of a recovery home. Other regulatory tactics involve density limitations, which may include the Fair Housing Act and Landlord -Tenant Laws (e.g., group homes cannot remove substance -using or disruptive residents without a court order), prohibiting more than one recovery home within a certain radius, and maximum occupancy rules, the focus of the current investigation (i.e., too many unrelated people living in the same dwelling). Despite the resistance faced by these homes, group homes actually have very little impact on their surrounding neighborhoods and generally blend into the community (Cook, 1997). Community members frequently expect to have more problems with group homes than really occur (Cook; McConkey et al., 1993), and residential facilities do not tend to negatively affect public safety (Center for Community Corrections, 2002). In fact, contrary to popular fears, literature reviews suggest that these settings may actually increase property values in their neighborhoods (Aamodt & Chiglinksy, 1989; Center for Community Corrections). Similar patterns have been demonstrated for Oxford House recovery homes. Local communities reported Oxford House residents blended well into the neighborhood and made good neighbors (Jason, Roberts, & Olson, 2005). The majority of Oxford House neighbors interviewed had either gained resources, friendships, or a greater sense of security following contact with the Oxford House residents. Furthermore, no evidence of property devaluation was found for neighborhoods containing Oxford Houses; community members who knew of the Oxford House actually saw an increase in property value over an average of 3 years. Several studies investigated factors that influence the reception of group homes in residential areas. The Center for Community Corrections (2002) interviewed community members and found that neighbor acceptance of community justice facilities and halfway homes was enhanced by an engaged public, a well -run program with access to substance J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 2 ■ i. � —i N ZT 0 1 v 0 1 2 on V ZT 0 1 v 0 1 Jason et al. Page 3 abuse treatment and job development, community input and continuing involvement, discernible contributions to the community, and a careful assessment of the community prior to entry. Additionally, the more a facility resembles the neighborhood in which it resides and the more autonomous the facility residents, the more likely residents will integrate into the community (Makas, 1993). Further, research indicates that closer proximity (Gale, Ng, & Rosenblood, 1988) and increased contact (Butterfield, 1983) between community members and group home residents has a positive effect on the reception of the homes. Jason and colleagues (2005) revealed that residents who lived adjacent to an Oxford House, as opposed to a block away, had significantly more positive attitudes towards the need to provide a supportive community environment for those in recovery, allow substance abusers in a residential community, and the willingness to have a self -run home on their block. In attempt to reduce the amount and level of concern related to Oxford Houses and other group homes, educational efforts might be developed such as documenting the effects of group homes on property values, having facility residents maintain friendly rapport with neighbors, and residents becoming more familiar with their surroundings in order to address neighbors' fears (Cook, 1997). For example, staff at a residential facility implemented educational measures to inform the neighborhood about the opening of the home (Schwartz & Rabinovitz, 2001). Significant interactions were found between neighbors visiting these facilities and decreases in dissatisfaction. Finally, it has been suggested that researchers should focus on developing ways that the public can become more familiar with halfway houses and other group homes (Center for Community Corrections, 2002). Group Home Size In order to implement educational efforts, this research study focused on one NIMBY threat to group homes: house size. While very little research exists on this topic, one study (Segal & Darwin, 1996) found that within sheltered care facilities for individuals with mental illness, although home size did not relate to levels of management, larger homes were less restrictive in their rules and procedures. Larger homes also spent more on program activities for their residents, and their residents were more involved in facility -based activities. It is possible that these greater occupancy facilities were able to provide more of an opportunity for residents to develop a sense of community. However, this type of sheltered care facility is fairly different from Oxford House recovery homes. It is suggested that a sufficient number of residents in each home might be a necessary component in the effectiveness of Oxford House through the mechanism of social support. Individuals recovering from addictions should be surrounded by a community in which they feel they belong and are able to obtain sobriety goals (Jason & Kobayashi, 1995). Oxford Z House residents rated "fellowship with similar peers" the most important aspect of living in = an Oxford House (Jason, Ferrari, Dvorchak, Groessl, & Malloy, 1997). The Oxford House experience also provides residents with abstinent - specific social support networks consisting D of other residents in recovery (Flynn, Alvarez, Jason, Olson, Ferrari, & Davis, 2006). > Individuals who spent more time in an Oxford House had a greater sense of community with ZT others in recovery, less support for substance use (Davis & Jason, 2005), and more support 0 for abstinence (Majer, Jason, Ferrari, Venable, & Olson, 2002). Oxford Houses with more residents might have greater opportunities for members to provide and receive these vital social resources. It is believed that larger Houses will promote recovery through their ability � to promote larger (Zywiak, Longabaugh, & Wirtz, 2002), more supportive social networks 0 (MacDonald, 1987) that include sober others in recovery (Hawkins & Fraser, 1987; Zywiak _' et al.), constructs linked to sober living. In addition to increased levels of social support, there are other hypothesized benefits to larger Oxford Houses. For instance, rent may be lower in larger homes because residents can J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 3 . Jason et al. Page 4 split the costs. Additionally, having more residents allows members to learn from each other and increases opportunities for diversity. In this study, we examined the effects of House size on criminal and aggressive behaviors among Oxford House residents, two areas of Z significant concern to communities containing group homes (Cook; Schwartz & Rabinovitz, = 2001; Solomon & Davis, 1984). Oxford House has been found to promote positive outcomes regarding both criminal activity (Jason et al., 2006b; Jason, Davis, Ferran, & Anderson, D 2007a; Jason, Olson, Ferrari, Majer, Alvarez, & Stout, 2007b) and self - regulation (Jason et D al., 2007b), which relates to aggression. Therefore, it was hypothesized in the present study 0 that residents of larger Houses (with 8 or more members) would exhibit fewer criminal and 1 aggressive behaviors as measured by the Global Appraisal of Individual Needs -Quick Screen than residents of smaller Houses. Z3 0 Method I Procedure Z In addition, an environmental survey (assessing House size) was mailed to the House = Presidents of all 213 Oxford Houses. No identifiable information about any House resident was requested, and confidentially was maintained for all data. Most often the survey was D completed by the House President (60.2 %) or another House officer (31.6 %), such as the D Secretary or Treasurer. The survey then was returned by mail, and a small package of coffee was subsequently sent to the House for participation. Pilot testing indicated that it would o take less than 20 minutes to complete and mail the survey, which were collected over a four Imonth period. v Participants 0 For this investigation, we only included participants from the 154 Houses for which we had data on House size, representing 72.3% of Houses in the larger study. On average, Houses had about 7 total members (M = 7. 1, SD = 2.0, Median = 7), and Houses in this study ranged in size from 3 -18 residents. Regarding geographic region within the U.S., 27.7% of Houses mini J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 4 Data included in the present study were from the baseline data collection (completed between December 2001 and April 2002) of a community evaluation of residents living in one of 213 U.S. Oxford Houses (see Jason et al., 2007a for details). Participants from this Institutional Review Board- approved study were recruited and surveyed using two strategies. The majority of participants (n = 797) were recruited through an announcement Z published in the monthly Oxford House newsletter that provided contact information for the = study. We then contacted Oxford Houses via letters to House Presidents, conducted follow- up phone calls to the Houses, and where possible, members of the research team arranged to D visit Houses. Of the 189 Oxford Houses that were approached, 169 (89.4 %) had at least one > individual who agreed to participate in the study, and the average number of individuals per House choosing to participate in the study was 4.7. For the second method, 100 individuals o were randomly selected to fill out the baseline questionnaires at an annual Oxford House Convention attended by 300. Analyses revealed no difference in demographic or outcome variables between the two recruitment groups. 0 In each case, the nature, purpose, and goals of the study were explained to the potential participants. As part of the consent process, staff members explained that participation was -' entirely voluntary and that withdrawal from the study was possible at any time. Fifteen dollar payments were made to participants following the survey. These data were gathered by research staff who primarily administered questionnaires in person to the participants. Some data were collected by telephone, which was often the case for those who had left Oxford House. No significant differences were found based on data collection method. Z In addition, an environmental survey (assessing House size) was mailed to the House = Presidents of all 213 Oxford Houses. No identifiable information about any House resident was requested, and confidentially was maintained for all data. Most often the survey was D completed by the House President (60.2 %) or another House officer (31.6 %), such as the D Secretary or Treasurer. The survey then was returned by mail, and a small package of coffee was subsequently sent to the House for participation. Pilot testing indicated that it would o take less than 20 minutes to complete and mail the survey, which were collected over a four Imonth period. v Participants 0 For this investigation, we only included participants from the 154 Houses for which we had data on House size, representing 72.3% of Houses in the larger study. On average, Houses had about 7 total members (M = 7. 1, SD = 2.0, Median = 7), and Houses in this study ranged in size from 3 -18 residents. Regarding geographic region within the U.S., 27.7% of Houses mini J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 4 . Jason et al. Page 5 were located in the West, 18.4% were in the Midwest and Texas, 28.3% were in the Northeast, and 25.7% were in the Southeast. Z This present baseline sample consisted of 643 Oxford House residents, including 227 I females (35.3 %) and 416 males (64.7 %). The sample was ethnically diverse, with 62.5% D European American, 29.2% African American, 3.9% Hispanic /Latino, and 4.4% others. At D baseline, the average age of the sample was 38.3 (SD = 9.2), and the average education level was 12.7 years (SD = 2.0). Regarding marital status, 50.4% were single or never married, ZT 0 45.4% were divorced/widowed /separated, and 4.2% were married. With respect to 1 employment, 67.4% reported being employed full -time, 14.2% part-time, 13.3% unemployed, and 5.1 % retired or disabled, and the average monthly income of the sample was $965 (SD = 840). The average participant had stayed in an Oxford House for 1.0 years (n (SD =1.4). The mean length of sobriety was 1.7 years (SD = 2.4) for alcohol and 1.9 years n (SD = 3.2) for illicit drugs. Regarding recent substance use, participants on average 0 consumed alcohol on 2.3 days (SD = 9.1) and drugs on 5.1 days (SD = 18.3) in the past 90 days. Concerning legal status, 30% of participants were currently on probation, and 14% claimed that their entry into OH was prompted by the law. Regarding lifetime data, the average participant was charged with a crime 9.9 times (SD = 14.0) and were incarcerated a total of 15.9 months (SD= 36.8). Measures Z I Baseline demographic information (e.g., gender, race, substance disorder typology) was obtained from items on the 5a' Edition of the Addiction Severity Index -lite (ASI; McLellan et D al., 1992). The ASI assesses common problems related to substance abuse: medical status, > drug use, alcohol use, illegal activity, family relations, and psychiatric condition. The ASI has been used in a number of alcohol and drug use studies over the past 15 years and has 0 been shown to have excellent predictive and concurrent validity (McLellan et al.). Z-1 The Form -90 (Miller & Del Boca, 1994) was administered to obtain a continuous record of � alcohol and drug consumption and intensity within a 90- day time span. This measure gathers 0 information related to employment, health care utilization, incarceration, and alcohol and other drug use over a 90 -day retrospective (which provides a reliable time frame for -' abstinence assessment; Miller & Del Boca). J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 5 The number of residents per Oxford House was determined using a brief version of a reliable environmental audit developed and utilized by Ferrari and colleagues (Ferrari et al., 2006a; Ferrari, Jason, Davis, Olson, & Alvarez, 2004; Ferrari, Jason, Sasser, Davis, & Olson, 2006b) for use with group recovery settings. This survey requested responses to Z forced choice and frequency items in a number of domains, including information about the = House setting such as the percentage of residents in recovery from alcohol, drugs, and poly- substances, along with the number of inhabitants within a House. Other sections of this audit D gathered information on the interior and immediate exterior House characteristics, amenities D found within a 2 -block radius of the House, and characteristics of the surrounding neighborhood. ZT 0 1 The Global Appraisal of Individual Needs -Quick Screen (GAIN -QS; Dennis & Titus, 2000) vis a self - report, clinical screening tool examining whether or not a psychological or substance abuse symptom has occurred in the past 12 months similar to the DMV -IV Axis I (n 0 criteria. While the GAIN -QS is not a diagnostic tool, it has been utilized within clinical 1. screening contexts to identify problem areas and psychological symptoms that warrant -� further explanation. For the purposes of this study, 2 indices from the GAIN -QS were used as the outcome variables measuring aggressive and criminal behaviors: Conduct Disorder/ J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 5 ■ N ZT 0 v 0 1 on V ZT 0 1 v 0 1 V ZT 0 1 v 0 1 Jason et al. Page 6 Aggression Index (6 items; Cronbach's alpha = .78, Mean Score = 1.34) and General Crime Index (4 items; Cronbach's alpha = .69; Mean Score = .29). Results House Size and GAIN -QS Subscores The average House size in this study was about 7 members (M= 7. 1, median = 7), and because a pending court case attempted to make it illegal for Oxford Houses to house 8 or more residents, we decided to compare 7 or fewer members in a House (i.e., smaller Houses) with 8 or more residents of an Oxford House (i.e., larger Houses). Regression analysed determined that this dichotomized House size variable significantly predicted the GAIN -QS subscales of Conduct Disorder /Aggression, P = —.10, t(632) = —2.52, p = .0 1, and General Crime Index, P = —.10, t(634) = —2.44, p = .02. House size accounted for 0.8% of the variance in General Crime Index scores and 1.9% of the variance in Conduct Disorder/ Aggression scores. Larger Houses had fewer problems related to conduct disorder/ aggression, and criminal activity. Smaller Houses had a General Crime Index mean score of 0.34 and a Conduct Disorder /Aggression Index mean score of 1.43, whereas the respective scores for larger Houses were 0.21 and 1.16 (lower scores indicate fewer problem symptoms in each area). House Size and Demographic Analyses Next, one -way ANOVA and chi - square analyses were run to determine whether large and small Houses (7 or less vs. 8 or more) differed on demographic variables. Results indicated that the groups only differed on one key demographic variable: larger House residents had been abstinent from drugs and alcohol longer than individual from smaller Houses, F(1,637) = 4.42, p = .04. Residents in smaller Houses had 298.1 (SD = 458.6) cumulative days of abstinence on average, compared to 379.5 (SD = 476.5) days for residents of larger Houses. This indicates that individual living in larger Houses maintained abstinence for about 81 days longer. Since larger Houses had significantly longer lengths of cumulative abstinence, we ran correlations to determine if this variable also related to the GAIN -QS subscale scores. Among participants for whom we have House size data, cumulative days sober did significantly and negatively correlate with the GAIN -QS subscales of Conduct Disorder/ Aggression, x(633) = —.26, p = .000, and General Crime Index, x(631) = —.30, p = .000. Mediational Analyses We next examined whether the variables in the House size and GAIN -QS subscore regression analyses were only significant because individuals in larger Houses had been sober for longer periods of time. In order to evaluate this possibility, we utilized Baron & Kenny's (1986) framework for testing of mediation. In Baron & Kenny's model, the influence of variable A (the initial variable) on variable B (the outcome) may be explained by a third variable known as variable C (the process variable). Complete mediation occurs when variable A no longer affects B after C has been controlled. Partial mediation occurs when the path from variables A to B (the total effect) is diminished in total size but still different from zero after the mediating variable is controlled. The mediational model is a causal one; therefore, the mediator is presumed to bring about the outcome and not vice versa. 'Although participants were nested within Oxford Houses, we decided not to focus on Hierarchical Linear Modeling results because we wanted to test for mediation, which can be done using regression but not HLM. However, we did run HLM analyses and found that House size (as a level 2 group variable) significantly predicted individually- assessed level 1 General Crime Index scores (t[144] _ —2.18, p —.03) but not level 1 Conduct Disorder /Aggression scores (t[144] _ —1.17, p —.25). J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 6 ■ i. � —i N ZT 0 1 v 0 2 on V ZT 0 1 v 0 0 1 V ZT 0 1 v 0 Jason et al. Page 7 We used Baron & Kenny's (1986) framework to determine whether cumulative days sober mediated the relationship between House size and Conduct Disorder /Aggression (A = House size [7 or less vs. 8 or more], B = cumulative days sober, and C = Conduct Disorder/ Aggression). As demonstrated earlier with linear regression analyses, House size significantly predicted Conduct Disorder /Aggression. House size also significantly predicted cumulative days sober (A —B; P =.08, t[637] = 2. 10, p =.04; r2 =.007), and cumulative days sober predicted Conduct Disorder /Aggression (B —C; R = –.30, t[630] = –7.86, p =. 000; r2 = .089). Finally, when both House size and cumulative days sober were put in the model predicting Conduct Disorder /Aggression (A and B —C), House size maintained significance, but less than earlier (House size: P = –.08, t[628] = –2.11, p = .04; cumulative days sober: P = –.29, t[628] = – 7.69,p =.000; r2 =.096). Therefore, House size is related to Conduct Disorder /Aggression, and cumulative abstinence is a partial mediator in this association. These two variables (i.e., House size and cumulative abstinence) explained almost 10% of the variance in Conduct Disorder /Aggression scores. We again employed Baron & Kenny's (1986) framework to determine whether cumulative days sober mediated the relation between House size and General Crime Index (A = House size [7 or less vs. 8 or more], B = cumulative days sober, and C = General Crime Index). As reported earlier, House Size was a significant predictor of General Crime Index, and House Size significantly predicted cumulative days sober. Regarding new analyses, cumulative days sober predicted General Crime Index (B —C; R = –.26, t[631] = –6.77, p = .000; r2 = . 068). Finally, with both House size and cumulative days sober as predictors of General Crime Index (A and B —C), House size retained significance but less so than before (House Size: P = –.08, t[630] = –2.04,p =.04; cumulative days sober: P = –.25, t[630] = –6.60,p = .000; r2 = .074). Thus, House size is related to General Crime Index scores, and cumulative sobriety is a partial mediator in this relationship. These two variables (i.e., House size and cumulative abstinence) explained more than 7% of the variance in General Crime Index scores. Discussion The objective of the present investigation was to examine how the number of residents in an Oxford House impacted outcomes related to aggression and crime among residents. Regression analyses supported our hypotheses that larger House size (i.e., 8 or more residents) would predict less criminal and aggressive behavior. However, an unexpected result was that length of abstinence was a significant mediator in these relationships. House size lost a fair amount of significance when the mediator of cumulative days sober was entered into the models predicting GAIN subscale scores, and the addition of cumulative sobriety to the models greatly increased the amount of variance explained. Cumulative sobriety partially explained the relationships between House size and General Crime Index and House size and Conduct Disorder /Aggression. Thus, greater House size leads to greater cumulative abstinence, which in turn leads to less criminal activity and aggression; however, House size does have some independent impact of its own on these outcomes. It is clear that having more residents in a House is beneficial to residents' recovery from alcohol and drug abuse. These findings have important policy implications regarding the future of recovery homes. It is argued that local governments allow Oxford Houses immunity from maximum occupancy regulations due to the great need in many communities for these settings. It is very difficult for individuals lacking stable living environments to maintain a sober lifestyle following residential treatment (Milby, Schumacher, Wallace, Feedman, & Vuchinich, 1996). As the cost of housing continues to rise, many individuals leaving inpatient facilities are unable to find affordable housing. Without Oxford House or other recovery home options, former J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 7 . Jason et al. Page 8 addicts frequently have no choice but to return to their old negative environments and fall back into their pre - treatment habits, which frequently include antisocial activities such as substance use and criminal activity. Regardless of how successful a client has been in Z treatment, this progress can be reversed through residence in an environment that promotes 2 crime and drug use (Polcin, Galloway, Taylor & Benowitz- Fredericks, 2004). As D demonstrated in this study, a sufficient number of House residents is a factor in the ability of D Oxford House to promote these outcomes that benefit local communities. to second -order change (Olson et al., 2002). Educational efforts along with successes in the ZT Furthermore, it is suggested that maximum occupancy regulations that apply to recovery o 1 homes are often based on false beliefs and fears. Neighbors often oppose recovery homes v because they fear increased crime and violence (Cook, 1997; Schwartz & Rabinovitz, 2001; Z3 Solomon & Davis, 1984; Zippay, 1997), and in order to appease these residents, cities (n frequently use maximum occupancy laws to close the group homes (Gallic, 1997). This 1. pattern is quite ironic given that the Houses being closed (i.e., larger homes) should actually give neighbors less reason for concern. It seems obvious that laws based on these misconceptions should be eliminated. Overall, Oxford Houses have positive (not negative) effects on local communities (Jason et al., 2005), and residents of larger Houses appear to be highly desirable community members (i.e., who engage in less criminal and aggressive behaviors). This investigation provides one more step in the movement to improve the reception of Z Oxford Houses and other group homes in local communities. While second -order change 2 alters the systems that cause the problems (Dalton, Elias, & Wanderman, 2001), `Not in My D Backyard' typically serves to inhibit this type of change. Changing the attitudes of mental health professionals, community members, and policy makers may break down the barriers to second -order change (Olson et al., 2002). Educational efforts along with successes in the ZT 0 court room may promote a more positive social climate and set legal precedents. Finally, 1 researchers have argued that social scientists should explore ways that the public can v become more familiar with residential facilities (Center for Community Corrections, 2002). Z3 We hope that these efforts and the efforts of other researchers, individuals in recovery, (n treatment providers, lawyers, and political activists are successful in reducing the opposition to group homes in residential areas. can be done using regression but not HLM. Nonetheless, future researchers assessing group Concerning limitations, our findings might not apply to other group homes or residential facilities, which can vary greatly in focus, procedures, setting, and size. For instance, a "large" Oxford House setting (i.e., greater than 7 members) might be very small in comparison to other residential settings, which may accommodate several dozen residents. It is actually possible in these cases that somewhat smaller settings are more effective. In addition, we were typically not able to collect data from all members within a House; thus, Z some Houses have more representation than others in this sample. Future studies in this area = should acquire information from all members of a House if possible. Furthermore, data D analyzed in this study were self - report; therefore, it may have been useful to obtain House size estimates using data from other sources such as Oxford House Inc., the national body that oversees Oxford Houses. Also, alcohol and drug use had little variability within this ZT 0 sample because all participants were recruited from Oxford Houses instead of treatment or 1 detoxification centers (suggesting a later stage in recovery), and because residents caught v using can be evicted. Perhaps future research assessing occupancy levels of recovery homes Z3 should consider a sample with more variability with regards to substance use. A final n limitation is our use of regression analyses as opposed to Hierarchical Linear Modeling due to the tested nature of the data; however, we wanted to test the mediational model, which can be done using regression but not HLM. Nonetheless, future researchers assessing group home size may want to seriously consider the use of HLM. J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 8 ■ i. N ZT O 1 v n on V O ZT O 1 v O n Jason et al. Page 9 In order to improve the reception of Oxford Houses in local communities and counteract the NIMBY syndrome, the Oxford House Research Team has provided expert testimony in court cases, sent information to legislators, disseminated research findings with policy implications, collaborated with community partners and state -level agencies, and worked with the media to change the image of recovery homes (see Jason, Davis, Ferrari, & Bishop, 2001). In particular, the DePaul University research team has been involved in several court cases over past several years on the behalf of Oxford Houses. Most recently, municipalities located in Kansas, Iowa, and North Carolina have attempted to close down Oxford Houses or similar recovery homes due to too many unrelated individuals living in one dwelling. Findings from the present study were used in these court cases, and at the present time, the Oxford House organization has won every court case. Acknowledgments The authors appreciate the financial support from the National Institute on Drug Abuse (grant number DA13231). References Aamodt MG, Chiglinksy M. A meta- analytic review of the effects of residential homes on neighborhood property values and crime rates. Journal of Police and Criminal Psychology. 1989; 5:20 -24. Baron RM, Kenny DA. The moderator - mediator variable distinction in social psychology research: Conceptual, strategic and statistical considerations. Journal of Personality and Social Psychology. 1986; 51:1173 -1182. [PubMed: 3806354] Beattie MC, Longabaugh R, Elliott G, Stout RL, Fava J, Noel NE. Effect of the social environment on alcohol involvement and subjective well -being prior to alcoholism treatment. Journal of Studies on Alcohol. 1993; 54:283 -296. [PubMed: 8387616] Butterfield DI. Neighbors' perception of outdoor spaces surrounding group Houses for the developmentally disabled adult. Environmental Design Research Association. 1983; 14 :91 -104. Center for Community Corrections, in Partnership with Doble Research Associates, Inc. Public outreach and halfway houses research and intergovernmental solutions final report: Summary of Findings. 2002 August. Cook JR. Neighbors' perceptions of group homes. Community Mental Health Journal. 1997; 33:287- 299. [PubMed: 9250426] Dalton, J.; Elias, M.; Wanderman, A. Community psychology: Linking individuals and communities. Stamford, CT: Wadsworth; 2001. Davis MI, Jason LA. Sex differences in social support and self - efficacy within a recovery community. America Journal of Community Psychology. 2005; 36:259 -274. Dear M. Understanding and overcoming the NIMBY syndrome. Journal of the American Planning Z Association. 1992; 58 :288 -300. 2 Dennis, ML.; Titus, JC. Global Appraisal of Individual Needs Quick Screen (GAIN -QS). �a Bloomington, IL: Lighthouse Publications; 2000 D Ferrari JR, Jason LA, Davis MI, Olson BD, Alvarez J. Similarities and differences in governance > among residents in drug and/or alcohol misuse: Self vs. staff rules and regulation. Therapeutic Communities: The International Journal for Therapeutic and Supportive Organizations. 2004; 0 25:179 -192. Ferrari JR, Jason LA, Blake R, Davis MI, Olson BD. "This is my neighborhood:" Comparing United States and Australian neighborhoods. Journal of Prevention and Intervention in the Community. O 2006a; 31:41 -50. [PubMed: 16595385] 0 Ferrari JR, Jason LA, Sasser KC, Davis MI, Olson BD. Creating a home to promote recovery: The _' physical environment of Oxford House. Journal of Prevention and Intervention in the Community 2006b; 31:27 -40. [PubMed: 16595384] J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 9 . Jason et al. Page 10 Ferrari, JR.; Groh, DR.; Jason, LA.; Olson, BD. The neighborhood environments of mutual -help recovery houses: Comparisons by perceived socio- economic status. 2007. Manuscript submitted for publication Z Flynn AM, Alvarez J, Jason LA, Olson BD, Ferrari JR, Davis MI. African American Oxford Houses 2 residents: Sources of abstinent social networks. Journal of Prevention and Intervention in the ja Community. 2006; 31:111 -119. [PubMed: 16595391] D Gale C, Ng CF, Rosenblood L. Neighborhood attitudes toward group homes for persons with mental O handicaps. Mental Retardation and Learning Disability Bulletin. 1988; 16:7 -26. Gathe, TH. Group homes: Local control and regulation versus federal and state fair housing laws. 1 Manuscript prepared for the Washington State Bar Association Land Use Conference; May 1997; 1997. Havassy BE, Hall SM, Wasserman DA. Social Support and relapse: Commonalities among alcoholics, O opiate users and cigarette smokers. Addictive Behaviors. 1991; 16:235 -246. [PubMed: 1663695] 07 0 Hawkins JD, Fraser MW. The social networks of drug abusers before and after treatment. The _ International Journal of the Addictions. 1987; 22:343 -355. [PubMed: 3583482] Jason LA, Davis MI, Ferrari JR, Anderson E. The need for substance abuse after -care: A longitudinal analysis of Oxford House. Addictive Behaviors. 2007a; 32:803 -818. [PubMed: 16843612] Jason LA, Davis MI, Ferrari JR, Bishop PD. Oxford House: A review of research and implications for substance abuse recovery and community research. Journal of Drug Education. 2001; 31:1 -27. [PubMed: 11338963] Jason, LA.; Ferrari, JR.; Davis, MI.; Olson, BD. Creating communities for addiction recovery: The Z_ Oxford House model. Binghamton, NY: Haworth; 2006a. = Jason LA, Ferrari JR, Dvorchak PA, Groessl EJ, Molloy PJ. The characteristics of Alcoholics in self - D help residential treatment settings: A multi -site study of Oxford House. Alcoholism Treatment Quarterly. 1997; 15:53 -63. Jason LA, Kobayashi RB. Community building: Our next frontier. The Journal of Primary Prevention. 1995; 15 :195 -208. 0 Jason LA, Olson BD, Ferrari JR, Lo Sasso T. Communal housing settings enhance substance abuse recovery. American Journal of Public Health. 2006b; 91:1727 -1729. Jason LA, Olson BD, Ferrari JR, Majer JM, Alvarez J, Stout J. An examination of main and interactive (n effects of substance abuse recovery housing on multiple indicators of adjustment. Addiction. 0 2007b; 102:1114 -1121. [PubMed: 17567399] Jason LA, Roberts K, Olson BD. Neighborhoods and attitudes toward recovery around self-run recovery homes. Journal of Community Psychology. 2005; 33:529 -535. Kim DS. Another look at the NIMBY phenomenon. Health and Social Work. 2000; 25:146 -148. [PubMed: 10845149] Low J. Goodbye NIMBY? Not in my backyard; Group and halfway home tolerance. Chatelaine. 1993; 66:89. MacDonald JG. Predictors of treatment outcome for alcoholic women. International Journal of the Z Addictions. 1987; 22:235 -248. [PubMed: 3583476] = Majer JM, Jason LA, Ferrari JR, Venable LB, Olson BD. Social support and self - efficacy for D abstinence: Is peer identification an issue? Journal of Substance Abuse Treatment. 2002; 23 :209 215. [PubMed: 12392807] McConkey R, Walsh PN, Connally S. Neighbours' reactions to community services: Contrasts before and after services open in their locality. Mental Handicap Research. 1993; 6:131 -141. O 1 McLellan AT, Kushner H, Metzger D, Peters R, Smith I, Grissom G, et al. The fifth edition of the Addiction Severity Index. Journal of Substance Abuse Treatment. 1992; 9 :199 -213. [PubMed: 1334156] (n Michelson W, Tepperman L. Focus on home: What time -use data can tell about caregiving to adults. n Journal of Social Issues. 2003; 59:591 -610. Milby JB, Schumacher JE, Wallace D, Feedman MJ, Vuchinich RE. To House or Not to House: The effects of providing housing to homeless substance abusers in treatment. American Journal of Public Health. 1996; 95:1259 -1265. [PubMed: 15983278] J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 10 . Jason et al. Page 11 Miller WR, Del Boca FK. Measurement of drinking behavior using the Form 90 family of instruments. Journal of Studies on Alcohol Supplement. 1994; 12:112 -118. [PubMed: 7722987] Olson BD, Jason LA, d'Arlach L, Ferrari JR, Alvarez J, Davis MI, et al. Oxford House, second -order Z thinking and the diffusion of systems -based innovations. The Community Psychologist. 2002; 2 35:21 -22. ja Oxford House, Inc. Oxford House Manual. Silver Springs; MD: 2002. DPolcin DL, Galloway GP, Taylor K, Benowitz- Fredericks. Why we need to study sober living houses. O Counselor: The Magazine for Addiction Professionals. 2004; 5:36 -45. O Segal SP, Sawyer D. Sheltered care facility size and the social integration of mentally ill adults. Adult 1 Residential Care. 1996; 10:75 -87. Seymour, J. Unpublished document. Monroe Community College; Rochester, NY: no date. Group homes: A must for the next millennium. O nSolomon P, Davis JM. Community attitudes toward residential facilities for psychiatric patients. Psychosocial Rehabilitation Journal. 1984; 8:38 -41. Zippay A. Trends in siting strategies. Community Mental Health Journal. 1997; 33:301 -309. [PubMed: 9250427] Zywiak WH, Longabaugh R, Wirtz PW. Decomposing the relationships between pretreatment social network characteristics and alcohol treatment outcome. Journal of Studies on Alcohol. 2002; 63:114 -121. [PubMed: 11925053] on V ZT O 1 v n on V ZT O 1 v n J Community Psychol. Author manuscript; available in PMC 2011 November 1. Board of Commissioners - August 17, 2015 ITEM: 24- 10 - 11 The. Relationship Between Neighborhood Criminal Behavior and Oxford Houses Page 1 of 5 HHS Public Access Autkor Peer - reviewed and acce�ted for publication Communities. Author manuscript; available in PMC 2013 Mar 11. PMCID: PMC3593E shed in final edited form as: NIHMSID: NIHMS449S .r Communities. 2009 Spring; 30(1): 89-94. Relationship Between Neighborhood Criminal Behavior and Oxford Houses Leonard A. Jason, Darrin M. Aase, and David G. Mueller hors are at the Center for Community Research, DePaul University. ;pondence should be addressed to Leonard A. Jason, PhD, Center for Community Research, DePaul University, 990 W Fullerton Ave, Chic 14, USA Email: Ijason(ftegaul.edu Q22yright notice and Disclaimer See other articles in PMC that cite the published article. bstract Go V present study investigated crime rates in areas surrounding 42 Oxford Houses and 42 control houses in a city in the Northwestern United States. A city -run Global Information Systems' (GIS) website was used er crime data including assault, arson, burglary, larceny, robbery, sexual assault, homicide, and vehicle th a calendar year. Findings indicated that there were no significant differences between the crime rates aro )rd Houses and the control houses. These results suggest that well- managed and governed recovery home minimal risks to neighbors in terms of criminal behavior. I roduction Go t( (ate form of aftercare treatment that has been gaining popularity is the Oxford House model (Jason, Ferrari, is & Olson, 2006). Oxford Houses were started in 1975, and have grown to include over 1,250 Houses in united States, Canada, and Australia. They are recovery homes that offer a sober living environment for iklividuals recovering from alcohol and/or substance abuse. The three main requirements for living in an Oxf Ouse are to remain abstinent from substance use, fulfill financial obligations to the House (e.g. rent), and to c ntribute to the House through chores and other agreed -upon activities (Oxford House Manual, 2006). Oxfor ouses are run democratically with members of each House (typically seven to twelve individuals) holding e ected positions and making decisions on a majority -rule basis. Oxford Houses differ from traditional recove: mes by using exclusively mutual accountability for sobriety, financial responsibilities, and the enforcement use rules (Polcin, in press). Traditional recovery environments, such as therapeutic communities, have ofessional staff that provide services and typically have limitations on length -of -stay. These are the key fferentiating features of Oxford Houses, which do not limit duration of residence and do not include ofessional staff (Oxford House Manual). te residents of an Oxford House are accountable for their own financial responsibilities and deviating from se requirements, along with disruptive behaviors or resuming the use of drugs and/or alcohol are all grounc Board of Commissioners - August 17, 2015 http:// www. ncbi. nlm. nih .gov /pmc /articles/PMC354ig6%�4- 11 -1 5/5/2015 The Relationship Between Neighborhood Criminal Behavior and Oxford Houses Page 2 of 5 f or dismissal from the House (Jason, Olson, Ferrari & Lo Sasso 2006). Oxford Houses are self - supporting e itities, as each member is responsible for his or her portion of the House rent and expenses, and no outside ding is used to sustain the House. With regard to the neighborhoods that Oxford Houses are located in, the t nd to be in middle -class areas with low drug- trafficking and criminal activity (Jason, Davis, Ferrari & Bisho 2 01; Ferrari, Jason, Blake, Davis & Olson, 2006). Sere have been several recent evaluations of the Oxford House model. For example, Jason, :Davis, Ferrari an Miderson (2007) found that only 18.5% of the participants who left Oxford House reported any substance use gXer the course of a year. Furthermore, Jason et al. (2006) reported findings from another study that recruited i�lividuals who completed treatment at alcohol and drug abuse facilities in the Chicago metropolitan area. He tf.the participants were randomly assigned to live in an Oxford House while the other half received communi sed aftercare services (Usual Care). At a 24 -month follow -up, positive outcomes were evident in terms of s ibstance use (31.3% of participants assigned to the Oxford House condition reported substance use at 24 mo c )mpared to 64.8% of Usual Care participants), employment (76.1% of Oxford House participants versus 48.1 Usual Care participants reported being employed at the 24 -month assessment) and days engaged in illegal tivities during the 30 days prior to the final assessment (M =0.9 for Oxford House and M =1.8 for Usual Cart icipants). .I son. Roberts and Olson (2005) found that the vast majority of neighbors that lived next to an Oxford House sitive views of these recovery homes. Despite the positive attitudes of neighbors toward Oxford House, son c mmunities have expressed concern about the introduction of recovery homes to their neighborhoods. Lawst ve been filed around the country in efforts to reduce the ability of these houses to enter middle -class neighborhoods (Jason et al.. 2008). Some local governments have expressed a `not in my back yard' (NIMBY a#itude toward recovery homes in general. The National Law Center (1997) polled 89 supportive housing pEDgrams and found that 41% had experienced the NIMBY opposition from neighbors and governments. The ri)st prevailing fears of recovery homes being brought into neighborhoods are declining property values and i&reased crime. omes that have individuals in recovery for substance abuse may face more neighborhood resistance because tential past criminal activity in the prior lifestyles of the residents, and also due to stigma that is associated s ibstance abuse recovery. There is little available evidence to determine if neighborhood residents' concerns r garding crime are legitimate. The present study was conducted to examine crime rates in urban neighborhoc ith Oxford Houses. We hypothesized that there would not be a significant difference in crime rates for ighborhoods with Oxford Houses versus neighborhoods without Oxford Houses. lethod - - - -- - - - -- - ------ - -- - - -- - - - - - -- - -- Go tt re Tie Oxford House website was used to locate the addresses of Oxford Houses in Portland, Oregon. This study 4ized a yoked - control design involving 42 Oxford Houses and 42 control houses. Each Oxford House was r tted into the geospatial mapping program Google Earth, and then a control house was randomly selected b, r6oving a quarter mile to the west of the Oxford House. We chose a quarter of a mile as a distance, as we belit ifwould provide enough distance to allow for separate areas of crime statistics while still remaining in the san gveral neighborhood. IBoard of Commissioners - August 17, 2015 T 24 -11 -2 http: / /www.ncbi .nlm.nih.gov /pmc /articles/PMC359 % 5/5/2015 The Relationship Between Neighborhood Criminal Behavior and Oxford Houses Page 3 of 5 global information systems' (GIS) website controlled by the City of Portland (www.cgYis.ci.portland.or.us), ed to gather crime data including assault, arson, burglary, larceny, robbery, sexual assault, homicide, and hicle theft. We selected the time period of 1 January 2005 to 31 December 2005. Only houses within Portla ere used because crime data was not available for neighborhoods outside of city limits. A two block radius c apped around both the experimental and control houses. Only crimes that occurred within this two block rac Were included in the data collection. A two block radius was used because it was thought that this was where rest of the criminal impact would occur if members of these houses were involved in criminal activity. ltsults Go tc independent samples t -test was used when comparing the 42 Oxford Houses with the 42 control houses, hich were not group homes. We analyzed the following data: assault, arson, burglary, larceny, robbery, micide, and vehicle theft. Sexual assault was not included in the analysis due to the fact that no sexual assai o curred in the two block radius of any of the 42 Oxford Houses or control houses. The results showed that th as no significant difference in the amount of any of the tested crimes that occurred in the area of the Oxford ouses versus the control houses. Table I reports the means and standard deviations for each type of crime, a; ell as the statistical results. Table 1 - Types of crime comparing areas with Oxford Houses (OH) versus controls M Go tc all of Portland's Oxford Houses included in the analysis, there was no difference in the amount of crime iitted around Oxford Houses and control houses. This suggests that the presence of a recovery home, me �ically an Oxford House, is not associated with higher crime. These findings suggest that well - managed ned recovery homes, such as Oxford Houses, pose a minimum risk to neighbors in terms of criminal ne of the potential reasons that low crime levels were found is that Oxford House members are actively ii volved in their communities. Jason., Schober and Olson (2008) found that Oxford House residents reported s ending around 10.6 hours per month on neighborhood involvement. Their study found that large percentage xford House residents were involved in activities such as community support groups, participating in anti -di c unpaigns, and working with community organizations, among many other activities (Jason Schober & Olso 2 08). Because of this high level involvement in anti -drug campaigns and involvement in the community, it is ssible that these activities could potentially facilitate reductions in crime rates. These findings suggest that r y do residents help themselves stay abstinent by living in the Oxford Houses (Jason et al., 2006), but impol c ntributions are made by Oxford House members to their neighborhoods and communities. ( course, these results may not transfer to all other types of recovery homes. Because Oxford Houses discipl *ir members if they break the rules and will dismiss House members if they engage in illegal activity or beg p ing substances again, they may have lower crime rates as a result of these contingencies. Many recovery hu teid to house larger numbers of individuals and some even allow for substance use, and these practices could a vI ry well result in different findings. Board of Commissioners - August 17, 2015 h4://www.ncbi.nlm.nih.gov/pmc/articles/PMC359y�(% 4- 11 - 3 5/5/2015 The Relationship Between Neighborhood Criminal Behavior and Oxford Houses Page 4 of 5 ere were some limitations in this study. For example, because we relied on publicly available data, we were able to evaluate some potentially important variables that could have explained outcomes. These might hav ii.cluded specific neighborhood involvement among Oxford House residents, other institutions attracting Is bstance abusers to the neighborhood, or other neighborhood characteristics not quantified by the GIS progn s the data were collected in 2005, we also were unable to use features that were not in existence, or examine came data that was not available that may have been relevant (e.g. prostitution, DUIs, substance - related crime Future studies in this area might involve longitudinal data collection in order to examine crime rates within an �a before the establishment of Oxford Houses and then compare them to the crime rates after the Houses hay den introduced to the blocks or communities. In future studies, it would also be useful to compare the crime i deter longer periods of time. As advances in GIS technology provide more information about neighborhood c iaracteristics and crime data, investigators can examine more variables that may influence crime rates. Final: o her researchers might use these methods to evaluate crime rates and other recovery settings in neighborhooc en with the limitations in the current study, findings do suggest that Oxford Houses do not increase crime 1 vels, and this outcome has important policy implications for the acceptance of Oxford Houses within ments Go tc uthor's Note The authors appreciate the financial support from the NI DA and NIAAA (grant number A13231 and AA12218). eferences Go tc 1. Ferrari JR, Jason LA, Blake R, Davis MI, Olson BD. `This is my neighborhood'. Comparing United Stt and Australian Oxford House neighborhoods. Journal of Prevention and Intervention in the Community 2006;31(1 - 2):41 -49. [PubMed] 2. Jason LA, Davis MI, Ferrari JR, Anderson E. The need for substance abuse after -care: Longitudinal analysis of Oxford House. Addictive Behaviors. 2007;32:803 -818. [PubMed] 3. Jason LA, Davis MI, Ferrari JR, Bishop PD. Oxford House: a review of research and implications for substance abuse recovery and community research. Journal of Drug Education. 2001;31(1):1 -27. [Pubs 4. Jason L, Ferrari J, Davis M, Olson B. Creating Communities for Addiction Recovery. Haworth Press; l` York: 2006. 5. Jason LA, Groh DR, Durocher M, Alvarez J, Aase DM, Ferrari JR. Counteracting `not in my backyard' The positive effects of greater occupancy within mutual -help recovery homes. Journal of Community Psychology. 2008;36:947 -958. [PMC free article] [PubMed] 6. Jason LA, Olson BD, Ferrari JR, Lo Sasso AT. Communal housing settings enhance substance abuse recovery. American Journal of Public Health. 2006;91:1727 -1729. [PMC free article] [PubMed] 7. Jason LA, Roberts K, Olson BD. Attitudes toward recovery homes and residents: Does proximity make > difference? Journal of Community Psychology. 2005;33:529 -535. 8. Jason LA, Schober D, Olson BD. Community involvement among residents of second order change recovery homes. The Australian Community Psychologist. 2008;20:73 -83. [PMC free article] PubMec 9. National Law Center on Homelessness and Poverty . Access Delayed. Access Denied. Washington, DC _ 1997. I10. Oxford House Manual. Oxford House, Inc; Silver Springs, MD: 2006. Board of Commissioners - August 17, 2015 http:// www. nebi. nlm. nih .gov /pmc /articles/PMC359Y&16/ 4- 11 - 4 5/5/2015 The Relationship Between Neighborhood Criminal Behavior and Oxford Houses Page 5 of 5 11. Polcin D. Communal living settings for adults recovering from substance abuse. Journal of Groups in Addiction and Recovery. (in press) [PMC free article] PubMed] Board of Commissioners - August 17, 2015 http:// www. ncbi. nlm. nih .gov /pmc /articles/PMC3593T&�"/24- 11 -5 5/5/2015 THE IMPACT OF GROUP HOMES ON RESIDENTIAL PROPERTY VALUES IN BALTIMORE COUNTY, MARYLAND A Study Prepared by: GREATER BALTIMORE COMMUNITY HOUSING RESOURCE BOARD, INC. P. O. Box 66180, Baltimore, Maryland 21239, (410)453 -9500 December, 1993 ABSTRACT This is a study of the impact of the placement of group homes for persons with disabilities upon property values in a stratified sample of neighborhoods in Baltimore County. It replicates the methodology of a 1988 Prince George's County study done by the Maryland - National Capital Park and Planning Commission and the Prince George's County Planning Board. In this study, a group home is defined as an alternative living unit (ALU) supported either by the State of Maryland's Developmental Disabilities Administration or the Baltimore County Bureau of Mental Health. This study analyzed over 1,000 transactions of residential properties in Baltimore County neighborhoods where there is a group home; this included neighborhoods where a group home opened and later closed. In addition, the study included the use of comparable neighborhoods as a control group. Sales prices of homes were analyzed for a two -year period before and a two -year period after the group home was established in the neighborhood. It was found that approximately 50% of the neighborhoods' residential property values were impacted positively and 50% negatively by group home placement. Some 3 (42.9 %) of the 7 neighborhoods with Mental Health Residential Rehabilitation group homes showed an increase in property value that was higher than the control neighborhoods; 4 (57.1 %) of the 7 showed a decrease. Of the 28 neighborhoods with a Developmental Disabilities group home, 13 (46.4 %) had property value changes higher than the control neighborhoods; 15 (53.6 %) of the neighborhoods with group homes had property value change below that of the control neighborhoods. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 1 These mixed results indicate that group home placement cannot be considered a certain predictor /cause of residential property decline or increase. These conclusions are similar to those of numerous studies that have been done in various communities in the United States and Canada during the past 15 years. It must be noted that there are many factors that influence neighborhood property values. Important factors may include prevailing neighborhood real estate valuation trends, economic recessionary forces, changes in the location of industrial sites or major transportation highways, deterioration /improvement of public services and facilities, public school closing /opening, nearby positive or negative occurrences, decrease /increase in crime, decrease /increase in vacancies, etc. During this period, several Baltimore County neighborhoods experienced negative property value change. This study also found that group home placement did not affect positively or negatively the direction of that change. IIF_1:11:9i]11K9l►1N01kV I. Introduction II. Methodology III. Findings of the Study Appendices: Statistics on Group Homes in the Study Relevant Findings from Other Studies Bibliographies of Other Studies Examined in CRISP'S "There Goes the Neighborhood" A1►k11091 0,N IIs] With the national shift from institutional care to community settings in group homes for persons with disabilities, there is concern among citizens that group homes will affect negatively their neighborhoods. Concern about the impact of group home placement upon property values causes some citizens to oppose group homes in general. The purpose of this study is to identify the possible impacts of residential property values in those Baltimore County neighborhoods that have a group home. Initially, the methodology of the study is described. This is followed by a discussion of the findings of the study. The Appendices then contain statistics on group homes in the study, relevant findings from other studies, and bibliographies of other Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 2 studies examined in the Community Residences Information Services Program's "There Goes the Neighborhood ". II. METHODOLOGY A. DEFINITION OF "GROUP HOME" The State of Maryland defines a "group home" as a residence in which four or more adults are living. An alternative living unit (ALU) is defined by the State as a residence where three or less adults are in residence. In this study, group homes are defined as alternative living units (ALUs) administered either by the State of Maryland Developmental Disabilities Administration or the Baltimore County Bureau of Mental Health. There were a total of 8 Mental Health Residential Rehabilitation group homes and 45 Developmental Disabilities group homes in this study. B. DESIGN OF THE STUDY This study examines possible impact upon residential property values in three ways: (1) Sales prices of homes were analyzed for a two -year period before and a two -year period after the group home placement in the neighborhood. (2) Sale information from those neighborhoods that do not have an group home were used as a control for the studied neighborhoods. This was done by comparing the prices in the entire Zip Code with those in neighborhoods where group homes were placed. (3) Sale prices were compared to County -wide averages during the periods. The date of occupancy of the group home was used as the causal event instead of the date of sale because it is possible that neighborhood residents may not have become aware of a home's use for persons with disabilities until after it is occupied. Sales indicators included: o Number of sales before and after occupancy of the group home. o Mean sales price before and after occupancy. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 3 If available, the sales data was taken from residential property sales within a one -half mile radius around the group home. This radius was utilized under the assumption that areas beyond this distance could not be affected. If comparable residential sales data for a one -half radius was not available, data from the entire Zip Code was utilized. In order to examine the effect of group home placement on neighborhood property values for a two - year period, only group homes established in or before 1992 in predominantly residential neighborhoods were considered in this study - which began in 1992. C. SOURCES OF DATA Four sources of data were used. First, the Greater Baltimore Board of Realtors' Central Maryland Multiple Listing Service (CMMLS) provided residential property sales data for the past 18 months. CMMLS is a reliable national database that is used by Realtors to locate residential listings and recent sales for comparisons when determining a list price for residential sales. CMMLS data is available for a variety of distances, including a one -half mile radius of a residential property. The second source of sales data was the Lusk Sales Directories for 1983 through 1991. The Lusk Sales Directories are a highly reliable source of sales data, and are the most commonly utilized source by real estate professionals in the Baltimore metropolitan area. The Lusk sales data was used to analyze the mean sales prices two years before and two years after the group home establishment. The earliest occupancy date of the group homes was 1985. Therefore, sales data begins in 1983. Because Lusk data is only available for entire Zip Codes, the effect of group homes that were established over 18 months ago (or having a post -test control time period including times over 18 months ago) is tested for the entire Zip Code rather than the one -half mile radius. The other sources of data solely were utilized to compare changes in the relevant neighborhoods and control areas to Baltimore County as a whole. The third source of data was the Maryland Association of Realtors' Maryland Real Estate Facts and Forecasts between 1982 and 1989. Finally, the data also was compared to the Baltimore Regional Council of Governments' "Residential Property Sales in Maryland" reports. Analysis included data from this source for 1989 through 1991. Because of the incompleteness of some of the data and the mixed availability of one -half mile radius data because of the time factor, exact data was not available for some of the individual neighborhood studies. In the absence of access to the best data source, the most appropriate data source was utilized to construct the best analysis for comparison. While one -half mile radius data is better for assessing neighborhood impact, Zip Code data is comparable. III. FINDINGS OF THE STUDY Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 4 A. FINDINGS It was found that approximately 50% of the neighborhoods' residential property values were impacted positively and 50% were impacted negatively by group home placement. Some 3 (42.9 %) of the 7 neighborhoods with Mental Health Residential Rehabilitation group homes showed an increase in property values that was higher than that of the control neighborhoods. On the other hand, 4 (57.1 %) of the 7 showed a decrease in property values. Of the 28 neighborhoods with a Developmental Disabilities group home, 13 (46.4 %) had property value change rates that were above those of the control neighborhoods. A total of 15 (53.6 %) of the neighborhoods with group homes had property value change rates that were below those of the control neighborhoods. This mixed result indicates that group home placement cannot be considered a certain predictor or cause of residential property decline or improvement. This conclusion is similar to those of the various other studies that have been done in the United States and Canada in the past 15 years. B. DISCUSSION OF RELEVANT ISSUES It must be noted that there are many factors that influence neighborhood property values. Important factors may include prevailing neighborhood real estate valuation trends, economic recessionary forces, the location of industrial sites or major transportation highways, public school closing /opening, nearby positive or negative occurrences, felt increases /decreases in crime, increases /decreases in vacancies, etc. By solely considering the total property value change, this study simplifies a complex reality. However, the use of control neighborhoods acts to improve the validity of this study's approach. During this period, several Baltimore County neighborhoods - including some included in this study - experienced negative property value changes. This was partially due to the persistent economic recession that occurred during this time. During a period of such negative housing value change, the houses that are sold would probably be sold for less than their true market value in a normal (i.e., not economically distressed) market. Therefore, it would be expected that group home placement in such neighborhoods would indicate a lower property value direction. This study also found that group home placement did not affect this change in either a positive or a negative direction. In conclusion, this study has found that group home placement cannot be said to have caused residential property value decline in Baltimore County. While some individual neighborhoods may have witnessed a decline in value, some experienced a positive value growth. Baltimore County's experience with group homes has been the same as many other communities across the country, in which hard data indicates no direct linkage between group home placement and property value. It is hoped that this objective study has helped ease the fears of neighborhood residents that group homes are linked to neighborhood decline. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 5 STATISTICS ON GROUP HOMES IN THE STUDY GROUP A: MENTAL HEALTH RESIDENTIAL REHABILITATION Average Address and 2 -Year Periods Sales Price 1. ALU in Catonsville 21228 Established -July, 1990 Pre -Test - July 1988 - June 1990 169 $87,554 Post -Test -July 1990 -June 1992 174,900 Change: -14.4% Control Area Pre -Test - 1990 median: $117,600. Post -Test - June 1992 154 121,000 Change: +2.9% 2. ALU in Baltimore 21236 Established - Nov., 1988 Pre -Test - Nov. 1986 - Oct. 1988 0 - Post -Test - Nov. 1988 - Oct. 1990 0 - Change: NA Control Area Pre -Test - Oct. 1988 1162 96,267 Post -Test - Oct. 1990 72 115,685 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 6 Change: +20.2 3. ALU in Dundalk 21222 Established - Feb., 1991 Average Address and 2 -Year Periods Sales Price Pre -Test - Feb. 1989 -Jan. 199115 70,546 Post -Test - Feb. 1991 - Jan. 1993 1224 71,531 Change: +1.4% Control Area Pre -Test - Jan. 199126 69,200 Post -Test - Jan. 1993 42 73,000 Change: +5.5% 4. ALU in Dundalk 21222 Established - May, 1992 Pre -Test - May 1990 - Apr. 1992 6 76,650 Post -Test - May 1992 - May 1993 11 64,663 Change: -15.6% Control Area Pre -Test - Apr. 1992 38 73,500 Post -Test - Oct. 1993 29 76,000 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 7 Change: +3.4% 5. ALU in Reisterstown 21136 Established -Apr., 1991 Pre -Test - Apr. 1989 - Mar. 1991 1024 115,009 Post -Test - Apr. 1991 - Mar. 1993 345 140,750 Change: +22.4% Average Address and 2 -Year Periods Sales Price Control Area Mar. 199134 108,000 Mar. 1993 39 117,500 Change +8.8% 6. Catonsville 21228 Dec., 1991 Dec. 1989 - Nov. 1991 1704 119,054 Dec. 1991 - May 1993 116 149,356 Change +25.5% Control Area Nov. 199135 130,000 Oct. 1993 35 115,450 Change -11.2% Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 8 7. Rossville 21236 July, 1991 July 1989 - June 1991 1574 115,726 July 1991 - May 1993 42 99,277 Change -14.2% Control Area June 199169 115,100 June 1993 31 100,000 Change -13.1% 8. Fullerton 21236 Dec., 1992 Dec. 1990 - Nov. 1992 34 99,966 Dec. 1992 - May 1993 7 97,400 Change -2.6% Control Area Nov. 1992 67 118,500 Oct. 1993 30 105,000 Change -11.4% GROUP B: DEVELOPMENTAL DISABILITIES ADMINISTRATION Date of Average Address and 2 -Year Periods Establishment Sales Price 1. Woodlawn 21207 Nov., 1988 Nov. 1986 - Oct. 1988 0 0 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 9 Nov. 1988 - Oct. 1990 1776 $97,980 Change NA Control Area Oct. 1988 1449 122,518 Oct. 1990 68 83,800 Change -31.6% 2. Woodlawn 21207 Nov., 1988 Nov. 1986 - Oct. 1988 0 0 Nov. 1988 - Oct. 1990 1776 97,980 Change NA Control Area Oct. 1988 1449 122,518 Oct. 1990 68 83,800 Change -31.6% 3. North Catonsville 21228 Mar., 1990 Mar. 1988 - Feb. 1990 967 95,706 Mar. 1990 - Feb. 1992 1570 128,888 Change +34.7% Control Area 1990 median: $117,600. Feb. 1992 48 125,000 Change +6.3% 4. North Woodlawn 21208 Dec., 1988 Dec. 1986 - Nov. 1988 0 0 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 10 Dec. 1988 - Nov. 1990 634 140,518 Change NA Control Area Nov. 1988 690 131,190 Dec. 1990 29 112,900 Change -13.9% 5. Sparks 21152 Jan., 1991 Average Address and 2 -Year Periods Sales Price Jan. 1989 - Dec. 1990449 153,056 Jan. 1991 - May 1993 7 446,414 Change +191.7% Control Area Jan. 19915 143,000 Dec. 1992 8 160,900 Change +12.5% 6. Baltimore 21209 Dec., 1989 Dec. 1987 - Nov. 1989 265 151,031 Dec. 1989 - Nov. 1991 553 158,678 Change +5.1% Control Area 1990 median: $164,772. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 11 Nov. 199117 140,000 Change -15.0% 7. Baltimore 21209 Oct., 1990 Oct. 1988 - Sep. 1990 0 0 Oct. 1990 - Sep. 1992 36 156,591 Change NA Control Area 1990 median: $164,772. Sept. 1992 11 174,047 Change +5.6% Average Address and 2 -Year Periods Sales Price 8. Owings Mills 21117 Oct., 1988 Oct. 1986 - Sep. 1988 0 0 Oct. 1988 - Sep. 1990 1287 176,593 Change NA Control Area 1990 -1991 change: 0 %. 1990 median: $123,450. Change NA 9. East Reisterstown 21136 June, 1989 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 12 June 1987 - May 1989 184 115,927 June 1989 - May 1991 1115 88,669 Change -23.5% Control Area 1990 median: $116,390. Apr. 199134 108,000 Change -7.2% 10. North Catonsville 21228 Aug., 1989 Aug. 1987 - July 1989 416 117,342 Aug. 1989 - July 1991 (Oct. 1991) 1601 137,405 Change +17.1% Control Area June 1990 416 117,342 Oct. 199173 128,000 Change +9.1% 11. Cockeysville 21093 Aug., 1989 Aug. 1987 - July 1989 354 187,340 Aug. 1989 - July 1991 1299 193,513 Change +3.3% Average Address and 2 -Year Periods Sales Price Control Area Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 13 1990 median: $163,350. 1990 -1991 change: +1%. Oct. 199147 175,000 Change +7.1% 12. Reisterstown 21136 Oct., 1990 Oct. 1988 - Sep. 1990 992 115,682 Oct. 1990 - Sep. 1992 173 123,327 Change +6.6% Control Area Sep. 1990 23 107,990 Sep. 1992 31 125,000 Change +15.8% 13. Baynesville 21234 Nov., 1990 Nov. 1988 - Oct. 1990 1709 99,197 Nov. 1990 - Oct. 1992 84 86,566 Change -12.7% Control Area Nov. 1990 7 64,500 Oct. 1992 69 109,665 Change +70.0% 14. West Randallstown 21133 Nov., 1990 Nov. 1988 - Oct. 1990 771 $107,020 Nov. 1990 - Oct. 1992 78 109,028 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 14 Change +1.9% Control Area Dec. 1990 40 $117,900 Oct. 1992 32 107,300 Change -9.0% Average Address and 2 -Year Periods Sales Price 15. Randallstown 21133 Oct., 1990 Oct. 1988 - Sep. 1990 764 107,910 Oct. 1990 - Sep. 1992 129 111,141 Change +3.0% Control Area Sep. 1990 34 112,000 Sep. 1992 32 107,000 Change -4.5% 16. Fullerton 21236 Oct., 1990 Oct. 1988 - Sep. 1990 1546 114,813 Oct. 1990 - Sep. 1992 3 94,800 Change -17.4% Control Area Sep. 1990 23 107,990 Sep. 1992 49 106,940 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 15 Change -1.0% 17. Pikesville 21208 May, 1990 May 1988 - Apr. 1990 671 106,965 May 1990 - Apr. 1992 839 154,109 Change +44.1% Control Area 1990 median: $109,513. Apr. 1992 18 112,100 Change +2.4% 18. Fullerton 21234 Feb., 1992 Feb. 1990 - Jan. 1992 1535 95,565 Feb. 1992 - May 1993 206 96,979 Change +1.5% Average Address and 2 -Year Periods Sales Price Control Area Jan. 1992 52 97,000 May 1993 56 100,875 Change +4.0% 19. Owings Mills 21117 Nov., 1989 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 16 Nov. 1987 - Oct. 1989 526 170,491 Nov. 1989 - Oct. 1991 482 168,589 Change -1.1% Control Area 1990 median: $123,450. Oct. 199166 130,203 Change +5.5% 20. North Woodlawn 21208 Dec., 1990 Dec. 1988 - Nov. 1990 1034 140,518 Dec. 1990 - Nov. 1992 227 105,138 Change -25.2% Control Area Nov. 1990 29 112,900 Nov. 1992 28 134,015 Change +18.7% 21. West Randallstown 21133 June, 1990 June 1988 - May 1990 586 107,443 June 1990 - May 1992 901 115,701 Change +7.7% Control Area 1990 median: $106,080. May 1992 36 114,900 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 17 Change +8.4% Average Address and 2 -Year Periods Sales Price 22. Fullerton 21236 July, 1991 July 1989 - June 1991 1574 115,726 July 1991 - May 1993 91 83,193 Change -28.1% Control Area Jan. 199146 115,100 Dec. 1992 67 109,500 Change -4.9% 23. Rodgers Forge 21212 Feb., 1985 Feb. 1983 - Jan. 1985 0 0 Feb. 1985 - Jan. 1987 0 0 Change NA Control Area Jan. 1985 244 105,042 Jan. 1987 272 122,106 Change +16.2% 24. West Randallstown 21133 Mar., 1991 Mar. 1989 - Feb. 1991 844 109,921 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 18 Mar. 1991 - Feb. 1993 132 107,544 Change -2.2% Control Area Feb. 199132 99,000 Dec. 1992 35 119,000 Change +20.2% 25. Glenmont 21239 Aug., 1990 Aug. 1988 - July 1990 514 57,979 Aug. 1990 - July 1992 511 63,597 Change +9.7% Average Address and 2 -Year Periods Sales Price Control Area 1990 median: $109,760 June 1992 46 68,000 Change -35.3% 26. North Woodlawn 21207 June, 1990 June 1988 - May 1990 1360 98,947 June 1990 - May 1992 2900 102,820 Change +3.9% Control Area 1990 median: $89,890. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 19 May 1992 66 90,185 Change +0.4% 27. North Catonsville 21207 June, 1991 June 1989 - May 1991 1868 98,492 June 1991 - May 1993 158 116,937 Change +18.7% Control Area May 199152 90,000 May 1993 28 86,500 Change -3.9% 28. Rosedale 21206 July, 1986 July 1984 - June 1986 0 0 July 1986 - June 1988 0 0 Change NA Control Area June 1986 242 73,874 June 1988 243 66,449 Change -10.1% Average Address and 2 -Year Periods Sales Price 29. Rosedale 21206 Mar., 1990 Mar. 1988 - Feb. 1990 685 64,631 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 20 Mar. 1990 - Feb. 1992 1016 65,647 Change +1.6% Control Area 1990 median: $78,960. Feb. 1992 5 74,000 Change -6.3% 30. Parkton 21053 Jan., 1991 Jan. 1989 - Dec. 1990 69 167,949 Jan. 1991 - Dec. 1992 15 176,428 Change +5.4% Control Area Dec. 1990 0 0 Dec. 1992 0 0 Change NA 31. Woodlawn 21207 Mar., 1990 Mar. 1988 - Feb. 1990 1110 96,977 Mar. 1990 - Feb. 1992 1601 107,960 Change +11.3% Control Area 1990 median: $89,890. Feb. 1992 31 90,900 Change +1.1% Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 21 32. Rosedale 21206 June, 1990 June 1988 - May 1990 824 64,325 June 1990 - May 1992 960 66,077 Change +2.7% Average Address and 2 -Year Periods Sales Price Control Area May 1990 8 87,400 May 1992 11 94,500 Change +8.1% 33. Cub Hill 21234 July, 1989 July 1987 - June 1989 430 98,793 July 1989 - June 1991 1628 89,027 Change -9.9% Control Area 1990 median: $94,570. Oct. 199165 94,750 Change +0.2% 34. Baltimore 21204 July, 1988 July 1986 - June 1988 0 0 July 1988 - June 1990 767 223,737 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 22 Change NA Control Area 1990 median: $165,750. 1991 median: $162,500. 1990 -1991 change: -2%. 35. Eudowood 21234 July, 1988 July 1986 - June 1988 0 0 July 1988 - June 1990 1380 98,690 Change NA Control Area 1990 median: $94,570. 1991 median: $96,500. 1990 -1991 change: +2%. Average Address and 2 -Year Periods Sales Price 36. North Randallstown 21133 July, 1988 July 1986 - June 1988 0 0 July 1988 - June 1990 628 107,582 Change NA Control Area 1990 median: $106,080. 1991 median: $110,500. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 23 1990 -1991 change: +4%. 37. North of Perry Hall 21236 Apr., 1989 Apr. 1987 - Mar. 1989 1259 115,818 Apr. 1989 - Mar. 1991 1661 116,699 Change +0.8% Control Area 1990 median: $107,573. July 199169 115,100 Change +7.0% 38. Bird River 21162 Dec., 1990 Dec. 1988 - Nov. 1990 0 0 Dec. 1990 - Nov. 1992 14 114,126 Change NA Control Area Nov. 1990 190,000 Nov. 1992 20 102,000 Change +13.3% 39. Carney 21234 Oct., 1990 Oct. 1988 - Sep. 1990 1693 99,204 Oct. 1990 - Sep. 1992 65 83,216 Change -16.1% Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 24 Average Address and 2 -Year Periods Sales Price Control Area Sep. 1990 73 95,490 Sep. 1992 58 109,500 Change +14.7% 40. Rossville 21237 Oct., 1990 Oct. 1988 - Sep. 1990 430 NA Oct. 1990 - Sep. 1992 68 91,642 Change NA Control Area 1990 median: $98,975. Sep. 1992 19 87,000 Change -12.1% 41. Rosedale 21237 Oct., 1990 Oct. 1988 - Sep. 1990 430 NA Oct. 1990 - Sep. 1992 61 104,274 Change NA Control Area 1990 median: $92,500. Oct. 1990 - Sep. 1992 19 87,000 Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 25 Change -5.9% 42. Rossville 21221 July, 1989 July 1987 - June 1989 159 87,848 July 1989 - June 1991 982 84,066 Change -4.3% Control Area NA RELEVANT FINDINGS FROM OTHER STUDIES A. INTRODUCTION All of the objective studies that have been conducted in the United States and Canada in the past 15 years concerning the effect of group home placement show no negative effects on property values, neighborhood safety, or quality of life. This section summarizes the studies that are the most relevant to this examination. B. SUMMARY OF RELEVANT STUDIES 1. Review of 58 National Studies "There Goes the Neighborhood..." - published by the Community Residences Information Services Program (CRISP) in 1990 - is a summary of the 58 studies that have been done of the effects of group homes and treatment facilities on the neighborhoods in which they are placed. A total of 25 studies consider the impact upon residential property values. Some 22 of these studies deal with facilities for the mentally retarded and developmentally disabled, 5 with the mentally ill, and 9 with facilities serving Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 26 both groups. There are 9 studies that are concerned with formerly institutionalized or service - dependent populations in general. No studies were found to indicate a negative impact of group home placement upon any aspect of neighborhood life. The studies found that group home placement had not lowered property values or increased turnover, had not increased crime, and had not changed the neighborhood's character. The group homes had not deteriorated or become conspicuous institutional landmarks. The studies did find that all communities had come to accept group homes, and that group home residents have benefitted from the access to a wider community life (Community Residences Information Services Program, "There Goes the Neighborhood... ", White Plains, New York: CRISP, 1990, p. 92). The studies that evaluated the effect of group home placement on residential property values are listed in the next section of the Appendix, Bibliography of Other Studies Examined in CRISP's "There Goes the Neighborhood..." 2. Group Homes and Property Values: A Second Look Authors Christopher and Christine M. Mitchell analyzed sales price as a percentage of list price, as well as the number of days the property was market - listed before and after the group home was occupied. Some 3 of the 5 homes showed no significant difference in both measures; 2 had measures post - occupancy that were more positive than the before measures. 3. Illinois State Crime Study This State -wide study - Daniel Lauber, Impacts on the Surrounding Neighborhood of Group Homes for Persons with Developmental Disabilities, Evanston, Illinois: Planning Communications, 1986 - found that the crime rate for persons with developmental disabilities who live in group homes is substantially lower that for the general population. BIBLIOGRAPHY OF OTHER STUDIES EXAMINED IN CRISP'S "THERE GOES THE NEIGHBORHOOD..." Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 27 Baron, Richard C. Community Opposition to the Mentally III and the Strategies that Respond. Philadelphia: Horizon House Institute for Research and Development, 1978. Boeckh, John, Michael Dear, and S. Martin Taylor, "Property Values and Mental Health Facilities in Metropolitan Toronto," Canadian Geographer 24 ((1980):270. Breslow, Stuart. The Effect of Sitting Group Homes on the Surrounding Environs. Princeton, New Jersey: Princeton University, 1976. Caulkins, Zack, John Noak, and Bobby J. Wilkerson. The Impact of Residential Care Facilities in Decatur: A Study of Residential Care Facilities Located Within the City of Decatur. Decatur, Illinois: Macon County Community Mental Health Board, 1976. City of Lansing Planning Department. The Influence of Halfway Houses and Foster Care Facilities Upon Property Values. Lansing, Michigan: City of Lansing, 1976. Coleman, Allison R. The Effect of Group Homes on Residential Property Values in Stamford, Connecticut. Stamford, Connecticut: St. Luke's Community Services, 1989. Community Residences Information Services Program. There Goes the Neighborhood. White Plains, New York: CRISP, 1990. Dear, Michael, "Impact of Mental Health Facilities on Property Values," Community Mental Health Journal 13 (1977):150. Department of Housing and Urban Development. The Effects of Subsidized and Affordable Housing on Property Values: A Survey of Research. Sacramento: State of California, 1988. Developmental Disabilities Program. An Analysis of Minnesota Property Values of Community Intermediate Care Facilities for Mentally Retarded. Policy Analysis Series; Issues related to Welsch v. Noot/ No. 11. St. Paul, Minnesota: DDP, 1982. Dolan, Lawrence W., and Julian Wolpert. Long Term Neighborhood Property Impacts of Group Homes for Mentally Retarded People. Princeton, New Jersey: Woodrow Wilson School of Public and International Affairs, Princeton University, 1982. Farber, Stephen, "Market Segmentation and the Effects of Group Homes for the Handicapped on Residential Property Values," Urban Studies (1986):519 -525. Gale, Dennis E. Group Homes for Persons with Mental Retardation in the District of Columbia: Effects on Single- Family House Sales and Sales Prices. Washington, D. C.: Center for Washington Area Studies, George Washington University, 1987. Gardner, Patty, George Pfaff, and Suzanne Irwin. Community Acceptance of Group Homes in Ohio. Columbus, Ohio: Association for the Developmentally Disabled, 1982. General Accounting Office. An Analysis of Zoning and Other Problems Affecting the Establishment of Group Homes for the Mentally Disabled. Gaithersburg, Maryland: U. S. General Accounting Office, 1983. Glubiak, Peter G. Local Zoning and Residential Care Facilities: Conflicts and Solutions. Louisville, Kentucky: University of Louisville, 1983. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 28 Goodale, Tom, and Sherry Wickware, "Group Homes and Property Values in Residential Areas," Plan Canada 19 (June, 1979):154. Human Services Research Institute. Becoming a Neighbor: An Examination of the Placement of People with Mental Retardation in Connecticut Communities. Cambridge, Massachusetts: HSRI, 1988. Iglhaut, Daniel M. The Impact of Group Homes on Residential Property Values. Largo, Maryland: Maryland - National Capital Park and Planning Commission and the Prince George's County Planning Board, 1988. Jaffe, Martin, and Thomas P. Smith. Sitting Group Homes for Developmentally Disabled Persons. Chicago: American Planning Association, 1986. Kanter, Arlene S., "Recent Zoning Cases Uphold Establishment of Group Homes for the Mentally Disabled," Clearinghouse Review 18 (October, 1984):515. Knowles, Eric S., and Ronald K. Baba. The Social Impact of Group Homes: A Study of Small Residential Service Programs in First Residential Areas. Green Bay, Wisconsin: University of Wisconsin, 1973. Lauber, Daniel. Impacts of Group Homes on the Surrounding Neighborhood: An Evaluation of Research. Evanston, Illinois: Planning /Communications, 1981. . Impacts of the Surrounding Neighborhood of Group Homes for Persons with Developmental Disabilities. Evanston, Illinois: Planning /Communications, 1986. League of Women Voters. Yes -- But in My Neighborhood? Siting Community -Based Residential Facilities in Seattle. Seattle, Washington: LWV, 1984. Lindauer, Martin S., Pauline Tung, and Frank O'Donnell. The Effect of Community Residences for the Mentally Retarded on Real Estate Values in the Neighborhoods in Which They are Located. Brockport, New York: State University of New York, 1980. Linowes, Lisa, "The Effect of Group Care Facilities on Property Values." Chicago: American Planning Association, 1983. Louisiana Center for the Public Interest. Impact of Group Homes on Property Values and the Surrounding Neighborhoods. New Orleans, Louisiana: Louisiana Center for the Public Interest, 1981. Muhlin, George L., and A. E. Dreyfuss. Community Reactions to Neighborhood Based Residential Mental Health Facilities in Westchester County. Scarsdale, New York: Social Area Research, 1984. Pace University Nichaelian Institute for Sub /Urban Governance. Group Homes for Mentally Disabled People: Impact on Property Values in Westchester County, New York. White Plains, New York: CRISP, 1988. Piasecki, Joseph R. Community Response to Residential Services for the Psycho - Socially Disabled: Preliminary Results of a National Survey. Philadelphia: Horizon House Institute for Research and Development, 1975. Research Group, The. The Impact of Community Residences on Property Values in the Westfield, Massachusetts, Area. Northampton, Massachusetts: The Research Group, 1985. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 29 Ryan, Carey S., and Ann Coyne, "Effects of Group Homes on Neighborhood Property Values," Mental Retardation 23 (October, 1985):241. Scott, Nancy J., and Robert A. Scott, "The Impact of Housing Markets on Deinstitutionalization," Administration in Mental Health 7 (Spring, 1980):210. Suffolk Community Council. The Impact of Community Residences Upon Neighborhood Property Values Smithtown, New York: Suffolk Community Council, 1984. Wagner, Christopher A., and Christine M. Mitchell. Group Homes and Property Values: A Second Look. Columbus, Ohio: Metropolitan Human Services Commission, 1980. Wagner, Christopher A., and Christine M. Mitchell. The Non - Effect of Group Homes on Neighbori Residential Property Values in Franklin County. Columbus, Ohio: Metropolitan Human Services Commission, 1979. Wiener, Dirk, Ronald J. Anderson, and John Nietupski, "Impact of Community -Based Residential Facilities for Mentally Retarded Adults on Surrounding Property Values Using Realtor Analysis Methods," Education and Training of ther Mentally Retarded 17 (December, 1982):278. Wolch, Jennifer, and Stuart A. Gabriel. Spillover Effects of Human Services Facilities in a Racially Segmented Housing Market. Los Angeles: University of Southern California, 1983. Wolpert, Julian. Group Homes for the Mentally Retarded: An Investigation of Neighborhood Impacts. Princeton, New Jersey: Princeton University, 1978. Board of Commissioners - August 17, 2015 ITEM: 24- 12 - 30 Supportive Housing The Effect of Group Homes for the Mentally Ill on Residential Property Values (Hospital and Community Psychiatry, Boydell, K. M., M.H.Se., J. N. Trainor, MSW, A. M. Pierri. 1989) Determined that property values in a suburban area with a group home increase more than a similar area without one. Summary by Non - Profit Housing Association of Northern California (NPH) Texas Department of Mental Health and Mental Retardation Questions and Answers (Johnson and Olson Associates of Austin, 1988) Summary finds no evidence of property values declining because of the location of a group home for the mentally ill and finds that there was less residential turnover near the group home than in other similar areas. Summary by Non - Profit Housing Association of Northern California (NPH) The Impact of Group Homes on Residential Property Values (7he Maryland - National Capital Park and Planning Commission, Prince George's County Planning Department, 1988) Study found that most areas around group homes appreciated more than other similar areas in the county. Determined that there is no cor- relation positive or negative between location of group homes and neighboring property values. Summary by Non - Profit Housing Association of Northern California (NPH) Impacts on the Surrounding Neighborhood of Group Homes for Persons with Developmental Disabilities (Illinois Planning Council on Developmental Disabilities, Daniel Lauber, Spring/ield, Illinois, 1986) Research found that the location of group homes had no effect on property values, sales price or residential turnover rates. Summary by Non - Profit Housing Association of Northern California (NPH) The Impact of Assisted Housing Developments on Concentrated Poverty (Freeman, L. Housing Policy Debate, 14(1 -2), 2003) From Abstract: Findings imply that assisted housing developments do not typically contribute to concentration of poverty in surrounding neighborhoods and suggest that the negative reaction to assisted housing developments is unwarranted. Available at: http: / /www.mi.vt.edu/ data /files /hpd% 2014( 1,2) /hpd %2014(1,2)_freeinaii.pdf Toward More Inclusive Neighbourhoods: Property Values Unaffected by Non - Market Housing (CitySpaces Consulting Ltd for The Ministry of Housing, Recreation and Consumer Services, 1995) Studies examined the impact of non - market housing projects and group homes on the property values of nearby homes and concluded that there were "no negative impacts on the sale prices of homes in the immediate area. Additionally, they found no evidence of panic selling or an extraordinary length of time on the market of homes for sale within the area." Available at: http: / /www.housing.gov.bc.ca /housing /100— Jan_PropVal.html The Question of Property Values (Dear, M. and Wilton, R For Campaign for New Community, 1996) From Introduction: Annotated bibliography of 47 studies that focus on facilities such as group homes, outpatient facilities, affordable hous- ing developments and foster homes. "An overwhelming majority of the reports indicate that facilities have little or no negative impact upon surrounding property values." Available for $10 at: http:// wwwbectercommunities .org /index.cfm ?method= bookstore Financial Implications of Public Interventions on Behalf of a Chronically Homeless Family (Hart- Sbegos, E. Prepared for Family Housing Fund, 1999) A report that demonstrates that supportive housing offers a solid, cost- effective solution by reducing public costs by fifty -one percent over time and helping families break the cycle of homelessness. The third report in the Fund's study "Supportive Housing for Families with Children." Summary by Family Housing Fund Transitory Effects of Disamenities on residential Housing Values: The Case of Public and Senior Housing (Carroll, TM. and Clauretie, M., journal of Real Estate Portfolio Management; 5(3); 1999) This study examined public and senior housing development and their impact on 6,321 surrounding residents. Their findings showed that, ` public housing in general and senior housing in particular has an initial negative impact on nearby property values the effect is neither substantial nor long lasting." Full text is available at: http: / /findarticles.com /p/ articles/ mi _ga3759/is_199901/ai_n8846292/ Board of Commissioners - August 17, 2015 ITEM: 24- 13 - 1 Gregory Alan Heafner, PA Attorney at Law 1510 Twisted Oak Drive Chapel Hill, NC 27516 Phone (919) 967 -3800 Fax (919) 336 -4165 MEMORANDUM DATE: May 12, 2015 TO: New Hanover County Planning Board FROM: Greg Heafner SUBJECT: Realtor Land Use Memorandum dated May 6, 2015 Mr. Andreas forwarded the Realtor Land Use Memorandum dated May 6, 2015, which the Wilmington Regional Association of Realtor's submitted to the Planning Board at the Board's request, regarding Oxford House's pending request for a text amendment to the New Hanover County Zoning Ordinance. The first nine and a half pages of the Memorandum are an overview of the Federal Fair Housing Act, and not specific to Oxford House's text amendment. However, the remaining portion of the Memorandum comments on Oxford House's text amendment, and as such I address that portion of the Memorandum below. Beginning on page ten of the Memorandum, under the heading "Problem ", the Memorandum critiques the proposed text amendment as not going far enough because it is not broad enough to provide for a way to accommodate uses that do not meet the text amendment's definition of a group home. To the extent the Realtor's group is advocating for what it calls a "comprehensive approach for the County to process requests for a reasonable accommodation under the FHAA in general ", Oxford House endorses same. However, a comprehensive overhaul of the County's zoning ordinance is not the aim of Oxford House's proposed text amendment. Beginning on page eleven under the second "Problem" heading, the Memorandum states that the text amendment's specificity could lead to other persons or groups requesting an accommodation they do not meet the definition of a group home contained in the text amendment. This is in part a re- statement of the first "Problem" — that the text amendment is not broad enough to encompass everyone. The Memorandum is correct in that if a group is not covered by the text amendment then it could request an accommodation — which is the nature of the applicable federal fair housing law. Again, Oxford House is not seeking to overhaul the County's ordinance and address all possible scenarios or needs. Board of Commissioners - August 17, 2015 ITEM: 24- 14 - 1 This second "Problem" heading goes on to contend that the number of residents and spacing distance between group homes as contained in the text amendment are arbitrary. Apparently no one from the Realtor organization attended the Planning Board's April 2, 2015 hearing in this matter, nor read the materials cited in my December 23, 2014 letter to the zoning staff (the same letter the memorandum quotes on page two as having reviewed). The number of eight residents is anything but arbitrary. A full explanation of why eight residents is beyond the scope of this letter. However, the number it is specifically supported by the Oxford House Model. The Oxford House Model is described in: My December 23, 2014 letter; 2. The Oxford House Manual described at the April 2, 2014 Planning Board hearing; The materials on the Oxford House website cited in my December 23, 2014 letter; 4. Explained in the multiple court opinions referred in December 23, 2014 letter, and in the material on the Oxford House website, and; Is the number of residents for a group home in many jurisdictions including several North Carolinas municipalities. As to the spacing distance, again it is evident that the Realtor's Association did not research the subject. A half mile spacing requirement is generally the greatest distance allowed under most federal appellate court decisions on the issue of spacing of group homes. A survey of most municipalities with spacing provisions shows most are either a quarter or half mile. Again, the spacing set forth in the proposed text amendment is anything but arbitrary. The last "Concern" in the report that follows the second "Problem" is the "Concern" that others could seek an accommodation from whatever number is eventually put in the ordinance. Again this is correct - it is the nature of the federal law. The proposed text amendment does not seek to address every possible scenario, nor could any ordinance do so. Next the Memorandum poses what it calls "Option F on page twelve. This option would call for taking each group home request on an individual basis. This is cumbersome and will lead to appeals and litigation, and more importantly will not work with the Oxford House model. Taking each group home on an individual basis means a group home is not a permitted use as a matter of right, meaning that any proposed home would have to obtain approval before it is established. This would not work with the Oxford House model where all properties are leased on the residential leasing market. No landlord will hold a property for an undetermined length of time before entering into a lease while the prospective tenant goes through an approval process to see if it can occupy the property. Next the Memorandum poses what it calls "Option 2 ", also beginning on page twelve. This "Option" is also uninformed as to the nature of an Oxford House and group homes in Board of Commissioners - August 17, 2015 ITEM: 24- 14 - 2 general. The memorandum goes on to erroneously cite the City of Asheville's treatment of the issue and Oxford House, and fails to mention that Oxford House has been granted a reasonable accommodation by Asheville. Regarding the memorandums' comments on Seattle and Belleview, again the Memorandum's comments on these cities' ordinances is misplaced and an insufficient description of these ordinances and how they are applied. Board of Commissioners - August 17, 2015 ITEM: 24- 14 - 3 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798 -7165 FAX (910) 798 -7053 Chris O'Keefe, AICP Dennis Bordeaux Ken Vafier, AICP Planning & Inspections Inspections Manager Planning Manager Director To: Susan Wynn, Executive Assistant to County Manager From: Ben Andrea, Current Planning and Zoning Supervisor Date: August 13, 2015 RE: Addendum to Applicant Information for Item 24 for the August 17, 2015 Board of Commissioners Meeting —Case A-421, Zoning Ordinance Text Amendment Request Please find the attached letter and supplemental information provided today by Mr. Greg Heafner, PA, petitioner for a text amendment to the New Hanover County Zoning Ordinance (Case A -421). The attached information was provided by Mr. Heafner as information to the Planning Board at their April 3, 2015 Meeting. Planning Staff was not provide a copy or requested by Mr. Heafner to include the material in the agenda packet for the Board of Commissioners until today. The information includes a letter submitted via email from Mr. Heafner and a document referred to as "The Oxford House Manual" Thank you, Ben Andrea Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 1 GREGORY ALAN HEAFNER, PA ATTORNEY AT LAW 1510 TWISTED OAK DRIVE CHAPEL HILL, NORTH CAROLINA 27516 Phone(919)967 -3800 Fax (919) 336 -4165 August 13, 2015 Ms. Sharon Huffman Deputy County Attorney New Hanover County 230 Government Center Drive Wilmington, NC 28403 VIA EMAIL ONLY TO: shuffman @nhcgov.com RE: 110 Lansdowne Road, Wilmington, NC 28409 Dear Ms. Huffman: As you will recall, last year Oxford House made a request to the County for a reasonable accommodation pursuant to the Federal Fair Housing Act regarding the above referenced Oxford House. The County responded to the request by requiring Oxford House to seek to amend the County's zoning ordinance. By letter dated June 11, 2015 the County's Clerk to the Board of Commissioners' informed me of the date, time, and location of the final hearing on the text amendment. The letter also advised me to call on August 12, 2105 to find out precisely what time the matter will be heard. I called Mr. Benjamin Andeas on August 12, 2015 to confirm the foregoing. He informed me that the hearing location had been changed and sent me the agenda package for the hearing. He informed me that the agenda package contains what is being provided to the Commissioners for the August 17, 2015 hearing. After reviewing the package I advised Mr. Andreas that it did not contain the Oxford House Manual which I presented into evidence as Exhibit C at the April Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 2 2, 2015 Planning Board hearing on this matter. Each Planning Board member, and yourself, was given a hard bound copy of the manual, and I referenced same during the course of my presentation. Mr. Andreas said because I did not give him a copy of the manual that it will not be transmitted to the Commissioners as part of the agenda package or record in this matter. I then offered to email him the manual for inclusion in the package. He said he cannot add anything at this time because he has already disseminated the package to the Commissioners. The Oxford House Manual is a salient part of Oxford House's presentation, evidence, and is a part of the record of these proceedings. It must be included with the materials provided to the Commissioners. Given the fifteen minute time limit Oxford House has to present its case at the hearing, there is not enough time for the Commissioners to read the Manual during the hearing. Furthermore, my reference to the Manual will fall on deaf ears if the Commissioners have not first received the manual for review. Refusing to provide the Commissioners with the Manual before the hearing is prejudicial to Oxford House. If Mr. Andreas's assertion is correct - that in order for an exhibit introduced at the Planning Board hearing to become part of the record, that he must be provided a copy - then please provide me with the citation to the ordinance or statute supporting this contention. Otherwise, Mr. Andrea's unilateral decision as to what the Commissioner shall have and what shall be part of the record is discriminatory. Please advise me in writing by 5:00 p.m. today whether the County will include the Manual in the agenda package or not, and if not provide me either the legal basis for its exclusion. I am attaching a herewith an electronic, printable, copy of the Manual for inclusion in the agenda package, and for the record in this matter. Finally, this letter shall also serve as Oxford House's renewed request for a reasonable accommodation pursuant to the Fair Housing Act, 42 U.S.C. 3600 ct. seq. The County's requirement that Oxford House seek an amendment to the County's zoning ordinance is not a reasonable accommodation. By definition a reasonable accommodation is analyzed and made on a case by case basis. It depends upon the nature of the individual request. Generalizations do not support a reasonable accommodation under the Fair Housing Act. "The duty to make reasonable accommodations is framed by the nature of the particular handicap... such as the need of people with certain handicaps too live together in order to... reinforce each other's efforts in creating and maintaining a home ". Salute v. Stratford Greens Garden Apartments, 136 F.3d 293, 301 (2nd Cir. 1998). "One of the purposes of the reasonable accommodations provision is to address individual needs and respond to individual circumstances... ". Oxford House, Inc. v. Town of Babylon, 819 F.Supp. 1179, 1186 (E.D.N.Y. 1993). A text amendment to the County's zoning ordinance is by its very nature is not specific to the applicant. This was confirmed by Planning Board members in this proceeding when several members said the ordinance cannot be amended solely for Oxford House. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 3 cc: J. Paul Molloy Kathleen Gibson Wanda Copley Benjamin Andrea Sincerely, Greg Heafner Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 4 O,VordYfouse �44anuaf ' An Idea Based On a Sound System For Recovering Alcoholics and Drug Addicts to Help Themselves HOUSING, FELLOWSHIP, SELF - RELIANCE, SELF - RESPECT, FOR RECOVERING INDIVIDUALS Commemorative Edition 16 ' Oxford House World Convention Portland Marriott Downtown Waterfront Portland, Oregon September 11 to 14, 2014 Oxford House, Inc., the umbrella organization of the worldwide network of individual Oxford Houses, is the non -profit corporation that provides charters to eligible groups of recovering alcoholics and drug addicts who want to establish a new Oxford Houser" Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 5 Introduction This is the sixth edition of the Oxford HouseTM Manual©, which has served thousands of Oxford House members since 1975. There are Oxford Houses for men. There are Oxford Houses for women, and for women and children. There are no co -ed Oxford Houses. On November 18, 1988 President Ronald Reagan signed P.L. 100 -690, the Anti -Drug Abuse Act of 1988, which established a nationwide program to encourage the mass replication of recovery houses based upon the Oxford HouseTM concept. At the request of Congress, Oxford HouseTM worked with them in crafting a simple, but workable, start-up loan program in each state. Originally the start-up loan program was mandatory but now it is permissive.' Some states have start-up revolving loan funds and some do not. Expansion of Oxford Houses began in June 1989. Within five years the number of Oxford Houses had grown from 18 primarily located in and around the Nation's Capitol to more than 500 located in 39 states.2 Each individual Oxford HouseTM receives a charter from Oxford House, Inc., the umbrella organization of the national network of individual Oxford Houses. Oxford HouseTM has become a national self -help movement that provides a missing link in the recovery process from alcoholism and drug addiction. This edition or up -date is dedicated to Jim S., the first member voted into Oxford HouseTM — as were the second to fifth editions. On August 19, 1987, Jim died — at far too young an age but with over 12 years of remarkable sobriety. He touched hundreds of recovering alcoholics with his dedicated program of joyful sobriety and taught everyone that sobriety could be happiness, a good time, and a full and totally rewarding life. For two and a half years he lived in Oxford HouseTM, keeping everyone's spirits up and proving that Oxford HouseTM worked, and then rejoined his wife and two children. As a "graduate of Oxford HouseTM" Jim kept coming back to bring "newcomers" in and help "old- timers" out. Jim taught us all that you don't need to drink to have a good time in an Oxford HouseTM. It is a very special fraternity. © 1988, 2004, 2011, 2012, 2014 Oxford House, Inc. 1010 Wayne Ave., Suite 300, Silver Spring, MD 20910 t See the Oxford House website: www.oxfordhouse.org under "About Us/History" for the text of the current law. 2 The number of Oxford Houses reached 1,767 early in the third quarter of 2014 just prior to the 16th Oxford World Convention held at the Portland Marriott Downtown Waterfront Hotel in Portland, Oregon. The total number of Oxford Houses includes houses in 45 US states and Australia, Canada, England and Ghana. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 6 The Oxford House TM Story In October 1975, the first Oxford HouseTM was opened in Silver Spring, Maryland, by a group of recovering alcoholics and drug addicts, who had been living in a county government - run halfway house. Each of them had been clean and sober for but a short period of time when they learned that the halfway house was to be closed. Each of them was fearful that he would return to alcoholic drinking or drug use without the support of living in a group committed to staying sober and clean. When the news reached them that the halfway house was going to be closed, their first reaction was one of anger, resentment and panic. They had known that the halfway house had a "six month rule" which required an individual to move out after six months to make room for a newcomer. As a matter of fact, during their tenure in the halfway house, they had watched 12 men move out at the end of six months. Eleven of the 12 had returned to drinking or using drugs within a month. That fact only added to the fears and insecurity they felt upon learning that the house they lived in would be closed and they all would have to move within thirty days. A private individual, a member of Alcoholics Anonymous, held the lease on the house the county was closing. Several of the men faced with eviction approached him to see if there was some way the county could be convinced to change its decision. He felt such a change of heart was impossible. It was a matter of economics. County halfway houses cost a lot of money to run. The county budget was tight and Alpha I, as the halfway house was named, would definitely be closed. He then asked if the men had given any thought to taking over the house themselves. Over the next several days, hope began to replace the despair shared by the men but a number of obstacles stood between the ideas of taking over the house themselves and the reality of being able to do it, Where would they get the money? All of them had drunk themselves out of good jobs and few of them bad done more than day work since getting sober. How could they pay for the rent, the utilities, the food and a counselor to manage a halfway house? Who could they find to run the house, even if they could come up with the money? Day and night they discussed the possibilities among themselves and went to a Iot of AA meetings in order to get the advice of AA members. Time and again AA members gave them encouragement. "Just don't drink," they heard over and over again. "Keep it simple" and "Remember —a day at a time," were offered as advice almost as frequently. Slowly an idea began to form that maybe it could be done. The first task involved studying the costs of the halfway house to determine how much money was needed. The largest single cost was the paid manager, cook and counselor attached to the house. Someone suggested maybe they could live without a paid manager or cook or counselor. But who would be the supervisor or manager if they did not have a paid manager who lived in the house? Of all the men to live in the new house, only one had gained six months of sobriety. The men decided that the cost of a manager, cook and counselor was too great. If there were going to be any chance of maintaining the house, a way would have to be found to learn how to stay sober and manage a house without a paid staff. One man recalled that he bad lived in a college fraternity with sixteen men that did not have a paid manager. Of course there had been no requirement of not drinking in that house. As the men talked about the fraternity house concept, fear of being able to enforce sobriety without 2 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 7 the presence of a paid authority figure became the heart of the matter. They had been without real responsibility for so long there was considerable doubt about whether or not they could act responsibly as a group. As discussions centered on whether or not they could run a house themselves, talk would inevitably drift into complaints about the halfway house way of life. There were a lot of rules. Lights out at eleven o'clock at night. Everybody up at six in the morning. Breakfast at exactly seven o'clock. Table setting, dishwashing, vacuuming, trash removal, bed making — all specific assignments to be done at a specific time and in a particular way. Any suggested changes to the rigid routine were dismissed with a lecture and a warning to shape up or ship out. As much as the residents of the halfway house resented the arbitrary rules, the fear of having no place to live was even greater. After days and days of discussions an organizational plan began to evolve which gave the group the confidence they needed to give it a try. Their experiences in the halfway house — both positive and negative — helped them develop an organization to carry the responsibilities for which the manager, cook and counselor had been responsible for in the county halfway house. And so, the Oxford House concept began to take form. On the positive side of the ledger of halfway house experience was the re- enforcement of sobriety that was gained by knowing that immediate eviction followed taking the first drink. From the start, the founders recognized that there had to be an absolute rule against any alcohol or drug use by members of the house. The problem for a self -run group house was how to develop procedures to make sure that any resident who drank or took drugs would be thrown out. It was finally decided that the only way it could be done would be to call a meeting of the house members and discuss the situation. If a member had taken drugs or a drink, there would have to be a vote to expel him from the house. If a majority of the members agreed that the member had in fact taken a drink or drugs, he would automatically be out.2 Before the first relapse occurred there was considerable debate among the members about how one could tell if an individual has in fact returned to drinking or taking drugs. Some members thought that the house should purchase a breathalyzer to test everybody to guard against the "secret drinker" among us. Others suggested the election of an official "sniffer" (as a less expensive safeguard). New houses today will probably go through the same kinds of concern. The fact of the matter is that no member of a house is able to fool other members for very long. We are all professional alcoholics and/or drug addicts who would have done anything to drink and take drugs. We really do know all the tricks of the trade and a relapse cannot be covered up by any one of us for very long. Unfortunately, relapses can occur. Some members of an Oxford HouseTM will return to their addiction. When they do, it is important for the other members of the house to act promptly. The worse mistake any house can make is to let a slip or relapse by one member slide. That slip endangers the sobriety of every other member of a house and can quickly ruin the house for everyone. Every Oxford HouseTM resident knows before moving in that the use of 2 The first Oxford HouseTM tried a system that distinguished drinking or taking drugs in the house from drinking or taking drugs outside the house. In the former case expulsion from the house was automatic; in the latter case expulsion was likely but if the membership felt it was warranted a member who had relapsed away from the house could be given probation. This was done in four cases and it did not work in any of them. In each case the member with the relapse had relapsed again within a period of a few days or weeks. Experience showed that probation did not work. Therefore any slip or relapse now results in automatic expulsion. The vote taken by the house membership is solely to judge if in fact a relapse has taken place. The third condition of a house's charter absolutely requires immediate expulsion and no house wants to lose its charter, Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 8 alcohol or drugs will result in getting kicked out. Oxford HouseTM members have the responsibility to use "tough love" and promptly expel the slipper — for his welfare, their own welfare and the welfare of the entire house3 Once a member has been expelled from a house because he has returned to drinking or taking drugs, he cannot be readmitted unless there is a clear demonstration that he has returned to solid sobriety. Each house develops certain rules of thumb for determining a return to solid sobriety. Some accept successful completion of a 28 -day rehabilitation program as a return to solid sobriety. Most generally require strong evidence of no drinking or taking of drugs and regular attendance at AA and/or NA as a minimum requirement for reacceptance into an Oxford HouseTM4. The founders of Oxford HouseTM developed a democratic way of operation. They had to — they could not afford to pay a house manager or supervisor to take responsibility for them. The early history of Oxford HouseTM showed that the Oxford House residents could run a house on their own. Today, Oxford HouseTM is still self -run and it still works. Within six months of its beginning, the first Oxford HouseTM had helped finance and start the second Oxford HouseTM. Soon those two houses started a third and the three houses then started a fourth. Over its first thirteen years Oxford HouseTM grew from one house to more than twenty houses and the expansion of a good idea had just begun. In October 1987, an Oxford HouseTM for men was started in Bethlehem, Pennsylvania — far away from the cluster of houses in the Washington, D.C. area. It worked and the eleven men in that Oxford HouseTM followed the pattern begun the Washington area thirteen years earlier by finding another house to rent to start a second house in the Bethlehem area. Early in 1988, all the members of the individual Oxford Houses decided to establish a full -time central services office to provide other individuals recovering from alcoholism and drug addiction the technical assistance necessary for them to start Oxford Houses in their communities. There was a strong belief that Oxford House could work anywhere. As Oxford Houses open around the country, the first Oxford House in a particular area will follow the tradition set by the original Oxford House of helping other houses get started. Between 1989 and 2014, the growth of Oxford Houses has been phenomenal — more than 1,650 individual Oxford Houses have been started in 45 states, Australia, Canada, England and Ghana. Foundations, businesses, churches, individual and government agencies have helped fund technical assistance to help get the first few Oxford Houses established in an area. However, expansion of the movement continues to rely primarily upon the volunteer efforts of individuals living in existing Oxford Houses working with newly - formed groups. Throughout the country 3 It is seldom easy to take action against the relapsing member but every Oxford Houseim does. The first case is always the most difficult because all members in a house become friends and no one likes to have to throw a friend out. Nevertheless, principles must come before personalities and the member who has relapsed must leave the house right away. Otherwise the sobriety of every member of the house is threatened. More importantly, the good reputation of Oxford HouseTm is threatened. The first Oxford HouseTM used to be the subject of bets by outsiders about how soon it would fail. There was a genuine belief by many that a group house of recovering alcoholics and addicts could not work without a manager or counselor to enforce the edict against drinking or taking drugs. Those doubters all lost their bets because the members of Oxford HouseTM proved that they could act responsibly. The first responsibility of any Oxford HouseTM is to enforce sobriety. 4 Once several Oxford Houses have opened a geographic area, each house keeps in touch with the other houses so that a relapsing member does not simply move from one house to another. On the other hand, once a relapsing member regains sobriety, it may be advisable for hint to "start over" in another house in the area if it has room. The group conscience of those for whom Oxford HouscT is working generally has no trouble in guiding the recovered relapser into the house that can give the most support 4 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 9 clusters of Oxford Houses have organized themselves into mutually supportive chapters working together to expand the number of houses so that every recovering alcoholic and drug addict can gain the support of living in an Oxford HouseTM. Each Oxford HouseTM has its own history but all Oxford Houses share a common history of operating in a democratic fashion on a self - supporting basis. That common history is the key to why Oxford HouseTM works. The System of Operations and the Oxford House Traditions contain the blueprint for any Oxford HouseTM to work well by following a tried and true path for success. The System of Operations and Oxford House Traditions, which follow, are taken directly from the original Oxford House Manual® with very minor changes, duly noted through footnotes. The key Oxford HouseTM organization is listed below. Direct any correspondence, telephone calls or e-mail to it. Its purpose is to be of help. Oxford House World Services Office 1010 Wayne Avenue, Suite 300 Silver Spring, Maryland 20910 Telephone: 1 -(301) 587 -2916 Facsimile: 1 -(301) 589 -0302 Internet:., Nw.oxfordht;,_ ".arg E -M ail: Info @oxfordhouse.org (Oxford House, Inc. is incorporated in Delaware and is a 501(c)(3) non -profit corporation.) The following standard forms and others — time - tested to be helpful in running an Oxford HouseTM — are printed at the end of this manual and can be download from the website www.oxfordbouse.org Membership Application The standard form used by Oxford Houses to help evaluate the eligibility of applicants applying for membership in an Oxford HouseTM. Weekly Meeting Report A form to record the minutes of the weekly meeting of the Oxford HouseTM family members so that the House has an on -going record of the democratic decisions made by the group. Weekly Financial Rpport A form to report who have paid their share of expenses, a list of expenses paid during the previous week, the amount of funds available to the house and a list of regular or unexpected expenses coming due with the next few weeks. Oxford System Checklist A checklist used by some Oxford Houses to remind members of the Oxford HouseTM family about the basic steps that have to be taken to make the house run on a financially sound basis. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 10 Oxford HouseTM System of Operations There is a frequent saying among Oxford HouseTM members that "Oxford HouseTM has no rules except'Don't drink. "' For the most part, that saying is true. However, it does overstate the facts. While rules at Oxford HouseTM are kept at a minimum, there are nevertheless rules. Unfortunately, it is impossible for any organization to function without having some system or procedures. The basic rule for all Oxford Houses is that they must operate on a democratic basis. Each member of the House has one vote. A majority rules except in the case of accepting a new recovering alcoholic or drug addict for membership when 80% of the current membership must vote its approval. The following discussion spells out the Oxford House System of Operations. It draws upon the experience of the existing Oxford Houses and tells any recovering alcoholic or drug addict who is interested: (1) how to start an Oxford HouseTM; (2) how to make an Oxford HouseTM run smoothly; and (3) how to manage money in an Oxford HouseTM. Oxford House, Inc., is the umbrella organization for all Oxford Houses. Any group of recovering alcoholics that wants to form an Oxford HouseTM must obtain a charter from Oxford House, Inc. The charter confers on the particular Oxford HouseTM the benefits of being part of a non -profit corporation that offers the experience and guidance necessary for making an Oxford HouseTM work. Any group of recovering alcoholics and/or drug addicts can apply for an Oxford HouseTM charter. Oxford House, Inc., has no hard and fast rules as to the length of sobriety required of applicants who want to charter a new house. As a general rule, however, several members of any charter group should have several months of solid sobriety. Obtaining a Charter Two or more recovering alcoholics can apply for a charter from Oxford House, Inc., by completing an application for a charters or simply writing a letter containing the pertinent information to Oxford House World Services. Pertinent information would include answers to the following questions: 1. Names of proposed charter members. 2. Length of sobriety for each proposed charter member. 3. The plans that the charter group has for renting or leasing a house. 4. The number of beds contemplated for use in the proposed new Oxford HouseTM.6 5. The anticipated charge per person per week that would be needed to make the House self - supporting. 5 One can get a form to apply for a charter by writing to Oxford House, Inc., 1010 Wayne Avenue, Suite 300, silver Spring, Maryland 20910 or by downloading a charter application form from the web site www.oxfordhouse.org by clicking "applications" under "Houses ". 6 To receive a charter the proposed house must be for a minimum of six residents. The largest Oxford HouseTM group to date has been eighteen. The best size group seems to be made up of eight to twelve members. Charters are only granted for single -sex houses. There are no "co -ed" Oxford Houses. Leases with landlords should make clear that no smoking within the house is permitted and that the use of decorative candles, incense or other items that represent fire hazards should be prohibited. Group safety is important. s Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 11 Once Oxford House World Services has reviewed the application or letter from the prospective charter members, they will either issue a charter or suggest additional steps for the prospective members to take in order to obtain a charter. A charter will be issued if, in the judgment of Oxford House World Services, the proposed new Oxford HouseTM would have a reasonable chance of success.7 All charters are issued conditionally. This means that the new group once started must demonstrate that it has learned the Oxford House system of operation sufficiently to be awarded a permanent charter. In rare cases, Oxford House World Services will issue a charter prior to the actual acquisition of housing by the applicants. In such cases, the charter will be issued upon the condition that the charter members obtain a suitable house within a specific period of time.$ Obtaining a House The Oxford HouseTM philosophy is one that relies on expanding capacity rather than limiting the length of time that a member can live in a House. To achieve sufficient capacity for providing enough rooms for all recovering alcoholics and drug addicts who want to live in an Oxford HouseTM, it has been the custom for an established Oxford HouseTM to look for an additional house once it has become full and has applications that it is unable to accept because of lack of space. The size, location and cost of a suitable house depends more on what is available than any specific criteria. The charter members who are looking for a suitable house should make certain that any prospective house can be occupied without violating local zoning or health and safety laws. In practice any Oxford HouseTM is no different from an ordinary family — except no one in an Oxford HouseTM drinks or takes mood- changing drugs. As a matter of fact, most jurisdictions in the country do not have specific ordinances that relate directly to an Oxford HouseTM -type situation. Most group housing ordinances, if they exist at all, are geared to highly institutionalized situations. Most commercial zoning ordinances, i.e., rooming houses, apartments, or hotels or motels, are inappropriate for the Oxford HouseTM situation. Under the Federal Fair Housing Act local governments are required to make a reasonable accommodation for recovering alcoholics and drug addicts to live in the supportive Oxford HouseTM living environment.9 If the charter members have any doubt as to how their particular jurisdiction will view an Oxford HouseTM, they should face the matter directly and clear their occupancy with the local zoning authorities. Oxford House, Inc., is willing to provide any assistance it can for the 7 The Board of Directors has delegated the decision - making authority to approve charter applications to Oxford House World Services. 8 This situation is more likely to occur when Oxford HouseTM is new to a geographic area. In those geographic areas where there is already an Oxford HouseTiW, those wanting to start a new House are more likely to find the available house first and then apply for a Charter. Following the tradition of early Oxford Houses each house tries to match supply of Oxford HouseTM recovery beds with the number of applicants wanting to live in an Oxford Houser'". Houses in an area always work through the chapter to make sure supply and demand stay in balance. 9 The United States Supreme Court on May 15, 1995 issued a decision in Cily of Ednaonds, WA v. Oxford Hoarse, Ine. (514 U.S. 725) which confirms that recovering alcoholics and drug addicts living in an Oxford HouseTM are "handicapped" and therefore a protected class within the meaning of the Federal Fair Housing Act, as amended, and local jurisdictions must make a reasonable accommodation to afford them living arrangements supportive of recovery. A number of subsequent federal cases have afifinned that Oxford Houses are not commercial institutions and should be treated as single families for purposes of zoning. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 12 purpose of persuading local authorities to treat Oxford House"m the same as it would treat any other single - family residential property within its jurisdiction.lo Common sense should be used in selecting any house, to be used as an Oxford HouseTM. It should have adequate plumbing, adequate kitchen facilities, adequate laundry facilities, a sufficient number of bedrooms, and a pleasant common living space. In addition, the area should be carefully examined to determine if parking of automobiles might cause a problem. The amount of rent that a new group can afford depends on the number of beds that the house can hold. More than one bed should be put in larger rooms. New members moving into a house can be made to feel at home more easily if they share a room. Most Houses use a system of seniority for bed selection. "Old- timers" generally move into single rooms as new members move into the house. The single rooms are usually the smaller rooms in a house. There are three reasons Oxford HouseTM encourages more than one to a room. First, newcomers maintain recovery better with a roommate. Loneliness continues to be a threat to sobriety and loneliness can be a problem for the newcomer adjusting to a new place to live. Second, the number of people living in a House directly affects the economics of an Oxford HouseTM. The more people who live in a House the less each member has to pay for the House to be self - supporting. Third, roommates discourage having non -house members spending the night at an Oxford HouseTM. The size of the house has a direct relationship to the amount of rent a new group can afford to pay. In most areas the monthly rent will be the largest single cost for the members of a House to meet. For example, the very first Oxford HouseTM (Oxford House - Silver Spring),], held 13 members. The monthly rent was $700; utilities ran about $300 a month; staples about $250 a month. 12 The charge per member had been set at $30 a week. Since the House quickly became fall and stayed full, income exceeded expenses.13 As a matter of fact, after six months of operation the House had nearly $2,000 in the bank. It used $1,200 of that money to start a new Oxford HouseTM so that some of the recovering alcoholics who had applied to live in an Oxford HouseTM could live in one. Even today, most Oxford Houses have a backlog of applications. The tradition of some house members of an existing house helping to start a new Oxford HouseTM in an area continues. As a general rule, it is easy to acquire furniture for a new House at little or no expense. Letting friends, family, and church groups know you are looking for furnishings can be very effective. Every community tends to be willing to help. Sometimes, however, it may be difficult to get beds and chests of drawers donated. Since beds are essential, members in a new house might want to buy twin -size mattress and box springs sets. New twin -size mattresses and box springs 10 In Bethlehem, Pennsylvania for example, Oxford HouseTM received a ruling from the Chief of the Bureau of Inspections that it is within the definition of "Family" as defined in the City Zoning Code. As a practical matter most jurisdictions so appreciate the useful service provided by an Oxford HouseTM that it is considered to have a "family" classification. 1 1 Oxford House - Silver Spring was opened October 25, 1975 and continued to be an Oxford HouseTM until the end of 1984. It was located at 1219 Fiddler Lane, Silver Spring, Maryland. The building was razed to make way for another building in 1986. 12 The first Oxford HouseTM and most subsequent Houses have bought milk, potatoes, spices, flour, coffee, bread, eggs and bacon on a group basis. Individual members get their own meals — either individually or as groups — but use the "staples" as needed. Note also that the figures used above are 1975 dollars or about one- halfcomparable 1987 dollars or one -third 2000 dollars. 13 By late spring a surplus of nearly $2,000 was in the House treasury. The members met to decide whether to lower their weekly payment or to use the surplus to open a new House. They chose to open a new House in Washington, DC in May 1976. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 13 cost between $90 to $120 per unit. Thrift stores, Goodwill or Salvation Army stores often have chests of drawers at a reasonable price. The first and most effective way to get furniture, however, is to ask for it from AA members. Often they are up- grading their own furnishing and are pleased to give their old furniture to an Oxford HouseTM. Other start- up costs include a month's rent in advance and a security deposit equal to one month's rent. New Houses often get a loan from AA members or other Oxford Houses in order to meet this expense. Whenever a loan is obtained, the members of the new House should agree to pay it back according to a definite schedule — at least $100 a month until it is repaid. 14 The good name of Oxford HouseTM is at stake whenever any House has 'a loan outstanding. Therefore, it is important to make payments on the loan on a regular basis. Membership The charter members of a new Oxford House TM constitute a basic core of membership for the House. Once the House has started, the charter members will want to bring in enough new members to fill all available beds. The higher the occupancy rate, the lower the rent that must be paid by each Oxford House TM member. One of the requirements of an Oxford HouseTM charter is that new members must be approved by 80% of the existing members in a particular House. An approval by 80% of the existing members is required because it is extremely important for all of the members living in an Oxford HouserI`4 to feel comfortable with any newcomer. As a practical matter, existing Oxford Houses have denied membership to very few individuals. Most members of Oxford HOUSCTM keep their memory green and few applicants are excluded from membership. Those who are excluded are generally excluded because there are no beds available15. A waiting list is maintained, but it is of little value after a period of time because, when a person needs a room, he or she needs it immediately. On the other hand, the waiting list can be a useful resource for getting new members to help form another House.16 The waiting list also is a ready resource for filling vacancies as members move out to live elsewhere in the community or are evicted because of a relapse to drinking or taking drugs. Oxford House TM works well for men and for women. However, it has been the experience of Oxford HouseTM that it does not work well with men and women in the same House.17 Relationships are bound to develop and will unnecessarily complicate the comfortable operation of an Oxford HouseTM. 14 This is also true of loans received from a state revolving loan fund. Repayments on time is a most because it allows other groups to start houses and helps expand the opportunities for recovering individuals to stay clean and sober without relapse. State loans are usually $4,000 and are repaid at $170 a month for 24 months. 15 Not everyone is suited for living in an Oxford House but the existing members should never exclude anyone simply because of race, creed or a disability co- occurring with addiction to alcohol or other addictive drugs uniess such disability would make it difficult for an individual to function in an Oxford House. For example, being HIV positive does not — in and of itself — preclude successful Oxford House membership because, absent unprotected sex or needle sharing, HIV or AIDS is not contagious and hundreds of recovering individuals afflicted by HIV or AIDS are and have been successful Oxford House residents. Also, hundreds of recovering individuals with co- occurring mental illnesses or physical disabilities have been — and are — successful Oxford House residents, In considering whether an applicant will make a suitable Oxford House resident, the group conscience should always err on the side of providing a recovering individual a chance to benefit from Oxford House living. In other words, if the group believes the individual has exhibited a sincere desire to develop sobriety comfortable enough to avoid relapse, pay an equal share of household expenses and help others in recovery, the applicant should be accepted if space is available. 16 Once an Oxford HouseTM has been established for a few months, there will soon be more applicants than there are beds available. The situation soon causes the members living in the House to start looking for an additional house to rent. 17 In 1478, Oxford HouseTM opened a House intended for women but started with a core group of four men from an existing Oxford HouseTM After eight women moved into the House, the four men moved out with the expectation that their spaces would be filled by the women 9 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 14 When a new Oxford HouseTM is established, the charter members of the House should make themselves known to quarterway houses, halfway houses, detoxification units, drug courts, rehabilitation facilities, AA groups and NA groups within the area. Included among those items which should be stressed are that the House is democratically run; it is self- supporting; drinking or the taking of drugs is not permitted; and that both the new and not -so -new recovering alcoholics are welcome to come and live at the House as long as they do not drink or take drugs and pay their equal share of household expenses. Oxford HouseTM is not in competition with any of these groups. It is a resource for them to use in the common goal of helping the alcoholic avoid relapses. Many of these groups will become supporters of Oxford HouseTM and will refer new members to the House. Remember to explain that a new member must file an application, be interviewed and approved by 80% of the members living in Oxford HouseTM Once an Oxford HouseTM has been established for a few months, applications for membership will exceed the space available. At that point in time, consideration should be given to opening a new Oxford HouseTM using some of the current members as a core group for the new House.' 8 Generally, a few members in a House will begin thinking about opening another House in response to a House's inability to accept all the deserving applicants. They will discuss the matter at a House meeting and everyone will begin to look for a suitable additional house to rent. When such a house is found several existing members will volunteer to become the core group for a new House. The existing House begins to figure out ways to come up with the necessary money for starting the new House and checks with applicants to see if they would be willing to live in the new House. This is the way that Oxford HouseTM is able to comfortably exist with the principle of letting members live in an Oxford HouseTM for as long as they want provided they do not drink or use drugs and pay their rent. Rules Alcoholics and drug addicts by nature seem to dislike rules. There is only one rule applicable to all Oxford Houses; i.e. membership is conditioned on not drinking. It is impossible for a house of recovering alcoholics to stay sober if even one person is permitted to drink or take drugs. The presence of a practicing alcoholic among those who are trying to stay sober invites other relapses. As a matter of self - preservation it is necessary for the membership of an Oxford HouseTM to confront the relapsing member immediately. A meeting of the House should be held and if a majority of the members believe that a member is drinking or taking drugs that member should be asked to leave. The rule relating to the use of alcohol or drugs grows out of common sense. That rule is the only rule considered mandatory once a group of recovering alcoholics has received an Oxford HouseTM charter. Other rules will tend to evolve from the membership of the House itself. Those rules should come into being only if they are absolutely necessary. The fewer the rules, the more likely it will be that a house will be successful. Different Houses will often tend to accepting four additional women. Instead the women accepted four additional men as replacements and the House began to have problems. A number of relationships evolved between the men and women and soon a number of the members had returned to drinking. Oxford House, Inc. closed the House and reopened it as a House for men. It was clear then and continues to be clear today that men and women living in the same house operating under the self- support system of Oxford HouseTM create unnecessary additional stress to group living. Women's Oxford Houses work well; men's Oxford Houses work well; however, Houses with both men and women do not work and will not be granted a charter by Oxford House, Inc. 18 In the first Oxford HouseTM— Oxford House -Silver Spring— members felt confident enough after six months to start another House. They started the first house in Washington, DC by having four of the thirteen members in the original house move to form a core membership for the new House. 10 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 15 have different rules. For example, one Oxford House" has a rule that requires unanimous consent before any pet can be brought onto the premises. Another Oxford HouseTM has two cats and a dog and would probably require unanimous consent before either the cat or the dog could be evicted. In many alcohol rehabilitation units, there are rules covering a multitude of activities. Those rules include curfew hours; clean -up details; mandatory attendance at AA or NA meetings; and other rules almost inherent in institutional living. Oxford HouseTM is not an institution. It is more analogous to a family. However, certain rules may be required to assure an equitable distribution of the work in keeping the house clean and at times there may be the need for rules to keep some individuals from disrupting other individuals.19 Since the success of an Oxford HouseTM depends on having enough income to meet expenses, it is important that members pay their equal share of household expenses in a timely manner. Rules may be required that force the eviction of members who do not keep their equal share of household expenses up to date. All members should be encouraged to pay their share of household expenses at least one week in advance. The weekly house meeting becomes the ideal time to discuss this issue particularly if a resident is not up -to -date in paying the equal share of household expenses. It helps neither the individual resident nor the house group to let anyone get behind. Officers For an Oxford HouseTM to run successfully on a democratic basis, it must have certain elected officers. It is part of the Oxford House tradition to make sure that officers do not become so entrenched that other members of the house do not have an equal voice in its management. Therefore, it is an Oxford House tradition that no officer shall serve longer than six months in the same office for one continuous period of time .20 All officers are but trusted servants of the entire membership. The number of officers may vary from House to House but all Houses generally have the following elected officers: ❑ President ❑ Treasurer ❑ Secretary ❑ Comptroller ❑ Coordinator The election of both a treasurer and comptroller emphasizes the importance each Oxford HouseTM places on money management. The two officers are able to divide rent collection and help each other with the payment of bills. Houses elect a "Coordinator" to help schedule daily and weekly work details to keep the house clean — inside and outside. The election of officers is necessary because they provide the leadership for the House to work well. The officers can serve continuously for only six months in any particular office, i.e. after an intervening six -month period an individual can be re- elected to an office in which he or she has already served. The duties of the various officers are designed to keep Oxford HouseTM 19 For example, if a resident's non - attendance at AA or NA meetings is causing problems — for the individual or the house — the residents may vote at a meeting to require meeting attendance as a condition of living in the house. In this situation the "group conscience" should be the determining factor. It is guided by the fact that the welfare of the house must always come first. Long -term recovery is the primary reason for the house to exist. 20 See Tradition Two 11 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 16 running smoothly by conduct regular weekly meetings of the House membership, assure that the Oxford House Traditions are followed, and keep the finances of the House in good order. Meetings It is important to have a House meeting at least once a week. After some experimenting, an Oxford HouseTM will find the particular hour or half -hour, which is the most convenient for most of its members. A meeting should be used to: report on the current financial status of the House; Z consider new applications for membership; ➢ resolve any problem affecting members in the House; Y resolve general complaints about maintenance of the House; and consider proposals or projects to be undertaken by the House A special meeting should be called, just as soon as possible, whenever there is any suspicion that a member is drinking or taking drugs. Such meeting are the most difficult of any held in an Oxford HouseTM. Some Houses have decided to use three of the elected officers as a screening committee for determining if an individual has violated the rule against drinking or taking drugs. In such cases, the screening committee makes its report to the full membership of the House for their consideration. The individual suspected of violating the rule against drinking or taking drugs should be directly confronted with the facts leading to the suspicion. The membership of the House then must vote on whether or not the facts support the conclusion that a member has violated the rule. The decision by the House membership should be viewed simply as a factual determination. If a majority of the House membership attending the special meeting believes that the individual did in fact drink or take drugs, expulsion of that member is automatic. The Secretary should take notes about what takes place at each House meeting. The notes of the previous meeting should be read at the beginning of the next meeting so that all the members can agree with the record of what the House had previously determined. If the Secretary has made a mistake in recording what had happened, it should be corrected. The approved minutes of a meeting should be made a permanent record of the House. The Secretary should also verify that vacancy updates have been made.21 The next item of business should be the report on House finances by the Treasurer. That report should include: (a) the amount of the bills outstanding, (b) the cash on hand, (c) members' rent paid in advance, and (d) members' rent due. To the extent possible the Treasurer should project what the House finances are likely to be over the next month and take into account the expectation of any large utility bills or unusual expenses. The House meeting should then take up new applications and listen to each member who has met or talked to the applicant. A vote should be taken on each applicant whether or not space is available. If the applicant is rejected, he or she should be told right after the meeting and encouraged to apply to another Oxford House. If the applicant is accepted, and space is available, he or she should be informed as to when to move in, who current officers are, money due to move in and given a copy of the manual -- so as to understand how Oxford Houserm 21 Keeping vacancies accurate on the webs itc is essential if a house is to have any creditability with treatment providers, drug court judges or the recovery community. The newcomer relies upon accurate vacancy data and every house should make sure that the secretary updates the website at least once a week and that a current cell phone in the house is available for weekly vacancy verification, 12 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 17 works. If the applicant is accepted, but no space is immediately available, he or she should be put on a waiting list and told his or her prospects of getting in. Each new member should be told that the completed application constitutes agreement to follow the rules of the House. Meetings also include discussion of the wide range of decisions facing an Oxford HouseTM — from purchases of wastebaskets to plans for opening a new House. The House meeting is the place to resolve any conflicts that arise from living together as a group. It is also a good place to pass on information about new AA or NA meetings or up- coming AA/NA related events. Staying sober and enjoying life is at the heart of Oxford HouseTM living. Money Oxford HouseTM is built on the principle of self -help. When it comes to money matters, this simply means that any House must be self - supporting and operate without debt — other than the start up loan that should be repaid on a regular basis. There may be exceptions when a House is first getting started. After a few weeks or months, a new Oxford House TM should be able to pay all of its operating expenses out of its equal share of household expenses. Some expenses associated with an Oxford HouseTM are fixed. For example, the monthly rental payment will be a fixed amount. In addition, utilities (electric, gas or oil, telephone and often water) will be relatively fixed expenses. One area where expenses are controllable involves the purchase of food and supplies. All expenses, whether fixed or controllable, must be carefully watched so that any member at any time can know the exact financial condition of the House. Particular attention must be paid to cable TV expenses. If one or two members get a pay for view, they should reimburse the house. Usually the Comptroller is responsible to see that the members pay their share of the cable bill promptly so that the House is not faced with an unwanted and unwarranted expense .22 The President, the Treasurer, and Comptroller all have a responsibility for making certain that accurate records are maintained showing expenses and income of the House. Every Oxford House TM should have its own checking account and make certain to run all income and outgo through the checking account as the main control point for keeping track of money flow. The very first thing a new Oxford HouseTM does is to establish a checking account. At least three officers of the House should be authorized to sign checks with two signatures required on each check in order for it to be valid. Promptly deposit member's rent in the checking account and pay all bills by check .23 That is the easiest and safest way to assure good recordkeeping. Do not use electronic payment except for start-up loan repayment and contributions to Oxford House World Services. Each Oxford HouseTM should maintain (1) a membership ledger; (2) a cash receipts journal and (3) a cash expenses journal. The Treasurer is responsible for keeping these records and for posting the "Weekly Financial Status Report". 22 Asa general rule an Oxford Housc7m gets cable TV with limited access to pay for view. However, if that is not possible the house should carefully monitor any "extra" expense over the basic system. 23 Sometimes petty cash is useful for buying the staples the House will use. Usually petty cash is less than $100 and can be run through the checking account by making out a check for "cash ". Receipts should then he kept for purchases made out of petty cash and on a weekly basis the Treasurer should balance the cash against the receipts in the petty cash fund. The Treasurer is usually the person who has control over the petty cash and pays individual members who make the purchases of staples for the House. A separate little book for petty cash is useful to maintain showing income and outgo. A small amount of petty cash is a good idea because checks for only a few dollars can become expensive when the bank charges for checks written. 13 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 18 The "Weekly Financial Status Report" lets everyone in the House know exactly the current financial condition of the House. It shows: y money on hand the prior week; r money on hand that week; ➢ bills paid during the last week; ➢ bills due during the current week; ➢ bills due by the end of the current month; )�- members' rent paid in advance (total dollars); members' rent behind (total dollars) and status of individual members' payment history (paid in advance, up -to -date and behind) listed by member.2A The Treasurer and Comptroller are the two officers primarily responsible for assuring sound financial management for an Oxford Houserm. Together with the President, they should continually check and crosscheck the books so as to assure the true financial status of the House. At each weekly meeting, a report should be made to the full membership of the House for the membership to determine whether the equal share of household expenses is accurate and to decide if a member is too delinquent in paying to continue in the house. Oxford House, Inc. Oxford House, Inc., serves as an umbrella, non - profit corporation for all the Oxford Houses that have or will be given a charter. It is incorporated in the State of Delaware and is recognized as qualifying under Section 501(c)(3) of the Internal Revenue Code. The sole purpose of the umbrella organization is to serve the Oxford HouseTM movement. Each Oxford HouseTM has an equal voice in running Oxford House, Inc, consistent with the principle that each resident has an equal voice in the running of an individual Oxford HouseTM. Oxford House, Inc. is authorized to provide charters for individual Oxford Houses and operates a central services office to help existing houses stay on track and to help start new houses. The World Council Nine Oxford HouseTM residents are elected by vote of all of the Oxford Houses to serve staggered three -year terms as members of the Oxford House World Council, an advisory Board that recommends policies. Three alumni members of Oxford HouseTM are also elected to the 12- member World Council. Elections for one -third of the members are held each year at the annual Oxford House Convention. Meetings of the Oxford House World Council are held six times a year. Various committees of the World Council are established to address policy areas important to the worldwide network of Oxford Houses. The Chairperson of the World Council serves as a member of the Oxford House Board of Directors to assure that the corporation's services are consistent with the policies of the individual houses reflected by actions of the World Council. The Board of Directors The Oxford House Board of Directors oversees and governs Oxford House, Inc. — the umbrella 501(c)(3) nonprofit organization of the national network of individual Oxford Houses. One quarter of the Board members are alumni or resident members of Oxford Houses. The Board guides the external finances used for expansion and network maintenance. 24 There are no "secrets" in an Oxford Houser"'. Members need to know whether the House is living on "borrowed money" (from rents paid in advance) or whether members are falling behind in rent in order to know how much needs to be charged for a House to be financially sound. 14 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 19 Oxford House Nine Traditions ... TRADITION ONE Oxford HouseTM has as its primary goal the provision of housing and rehabilitative support for the alcoholic and drug addict who wants to stop drinking or using drugs and stay stopped. By the time many of us had stopped drinking, we had lost jobs; we had lost families, and some of us either had no place to live or no place to live which was not an invitation to start drinking again. Oxford HouseTM was founded not only to put a roof over our head, but also to create a home where the disease of alcoholism and drug addiction was understood and the need for the alcoholic and drug addict to stay away from the first drink or drug fix was emphasized. Oxford HouseTM is group housing. The bond that holds the group together is the desire to stop drinking or using drugs and to stay stopped. Modest rooms and living facilities can become luxurious suites when viewed from an environment of alcoholics and drug addicts working together for comfortable sobriety. When we stopped drinking or using drugs, we began to realize that in order to stay stopped, our lives would need to change. Alcoholics Anonymous and Narcotics Anonymous provided a framework for us to change physically, mentally, and spiritually. The degree to which we were able to successfully change our lives had a direct relationship to Alcoholics Anonymous and Narcotics Anonymous. Many of us soon learned, however, that living alone or living among our old drinking companions made it more difficult to practice the principles necessary for continued sobriety. Some of us had lived for a time in alcoholic and drug rehabilitation facilities. Those facilities provided us with shelter, food, and therapy for understanding alcoholism and addiction. Initially, the structure and supervision of such facilities were acceptable because physically and mentally, we were exhausted. Later, some of us were to move into halfway houses, which provided shelter, food, and supervision. As our recovery progressed, the supervision and dependency on a halfway house created dissatisfaction. The dissatisfaction was in part the realization that we were shirking responsibility for our own lives and in part a resentment of authority. The third factor affecting us both in the rehabilitation facilities and the halfway houses was the realization that the duration of our stay must be limited because space must be made for others in need of help. Oxford HouseTM grew out of the need for many of us to begin a new life without fear of backsliding because of loneliness leading to renewed dependency on former drinking companions or drug dealers. Throughout its tradition, Oxford HouseTM has combined the concepts of self- support and responsibility with a fellowship having the common purpose of continued and comfortable sobriety. Oxford HouseTM must always have as its primary goal the provision of housing and rehabilitative support for the alcoholic who wants to stop drinking and stay stopped and the drug addict who wants to stop using drugs and stay stopped. 15 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 20 TRADITION TWO All Oxford Houses are run on a democratic basis. Our officers are but trusted servants serving continuous periods of no longer than six months in any one office. During the last days of our drinking or using drugs, most of us ceased to function as responsible individuals. We were not only dependent upon alcohol and/or drugs, but were also dependent on many others for continuing our alcoholic and /or drug addicted ways. When we stopped drinking or using drugs, we began to realize just how dependent we had become. For those of us who had been in institutions or halfway houses, resentments against authority were common. A major part of the Oxford House philosophy is that dependency is best overcome through an acceptance of responsibility. In Oxford House TM, each member equally shares the responsibility for the running of the House and upholding the Oxford House tradition. All aspects of Oxford House operations, from the acquisition of the house to the acceptance or dismissal of members, are carried out under democratic procedures. Each member has one vote and majority rule applies except that 84% of the members must agree in accepting new persons for membership. During our drinking and drug use years, and even before, many of us found it difficult to accept authority. Many individuals in society are able to abide by the strict letter of any rule, regulation, or law. Alcoholics and drug addicts seem to have a tendency to test and retest the validity of any real, potential, or imagined restriction on their behavior. As alcoholics and drug addicts, we became experts at outwitting "the system." As recovering alcoholics and recovering drug addicts, it has become important for us to learn how to live without the use of alcohol or drugs, within society. By running Oxford House TM on a democratic basis, members of Oxford House become able to accept the authority of the group because the group is a peer group. Each member has an equal voice in the group and each has an opportunity to relearn responsibility and to accept decisions once they are made. The opportunity for a house to democratically function requires periodic meetings within the house — at least once a week. Such meetings should be used to resolve any operational or personality problems facing the house. Any group, in order to function effectively, needs leaders. Misguided leaders can create dependency and usurp self - responsibility. Oxford House TM should rely on democratically chosen leaders, but the leaders must always be but trusted servants. To discourage an excessive dependence on leaders, it is a principle of Oxford House TM that no member should serve in the same office for a continuous period of longer than six months. 1s Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 21 TRADITION THREE No member of an Oxford HouseTM is ever asked to leave without cause — a dismissal vote by the membership because of drinking, drug use, or disruptive behavior. During early recovery for alcoholism and drug addiction, some members had to leave an institution in order to make room for an alcoholic or drug addict just beginning the recovery process. Other members were asked to leave halfway houses in order to make room for a recovering alcoholic or recovering drug addict who was ready to move into a halfway house. Only the very fortunate are able to make such a transition upon demand. Each individual recovers from alcoholism or drug addiction at a different pace. All too often, an abrupt transition from a protected environment to an environment that places considerable glamour on the use of alcohol and drugs causes a return to alcoholic drinking or addictive drug use. There is no reason to believe that society as a whole has the responsibility to provide long -term housing within a protected environment for the alcoholic and drug addict. However, there is every reason to believe that recovering alcoholics and drug addicts can do for themselves that which society, as a whole, has no responsibility to do for them. Oxford HouseTM is built on the premise of expanding in order to meet the needs of recovering alcoholics and drug addicts. This principle contrasts sharply with the principle of providing the alcoholic or drug addict with assistance for a limited time period in order to make room for a more recently recovering alcoholic or drug addict. One of the greatest threats to the sobriety of a recovering alcoholic or drug addict is loneliness. At a time when we acquired a serious desire to stop drinking or using drugs, many of us had lost our families and friends because of our alcoholism and/or drug addiction. Too often, newly recovering alcoholics and drug addicts are faced with the necessity of living alone and of relying solely on contacts with Alcoholics Anonymous and Narcotics Anonymous to stay sober. Some are able to keep from drinking in spite of the loneliness. Others are not so fortunate. The alcoholic or drug addict alone begins to compare himself to those members of Alcoholics Anonymous and Narcotics Anonymous who still have family and friends. Loneliness and self - pity soon lead such individuals back to alcoholic drinking or drug use. With Oxford HouseTM there is no need for a recovering individual to live in an environment dominated by loneliness. The only members who will ever be asked to leave an Oxford HouseTM are those who return to drinking, use drugs, or have disruptive behavior, including the nonpayment of an equal share of household expenses. No Oxford House TM can tolerate the use of alcohol or drugs by one of its members because that threatens the sobriety of all of the members. Neither can an Oxford HouseTM function if some do not pay their fair share of the costs. It is obvious why Oxford House TM must strongly protect the sobriety of its other members by asking the drinking member or member using drugs to leave. The line between an Oxford HouseTM of recovering alcoholics or drug addicts and an Oxford HouseTM of active alcoholics or drug addicts is a thin one. A member's tenure is absolutely secure in an Oxford HouseTM as long as he does not drink or use drug, keeps his share of household expenses up to date and is not .disruptive. 17 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 22 TRADITION FOUR Oxford HouseTM is not affiliated with Alcoholics Anonymous and Narcotics Anonymous, organizationally or financially, but Oxford House members realize that only active participation in Alcoholics Anonymous and/or Narcotics Anonymous offers assurance of continued sobriety. Every Oxford House member attributes his sobriety to Alcoholics Anonymous and/or Narcotics Anonymous. Each Oxford House member, as an individual, considers himself a member of AA and/or NA. Without that, sobriety would be short- lived. As individual members of Alcoholics Anonymous, Oxford House members are keenly aware of the Sixth Tradition of AA, which is: An A.A. group ought never endorse, finance, or lend the A.A. name to any related facility or outside enterprise, lest problems of money, property, and prestige divert us from out primary purpose. In deference to that tradition, Oxford HouseTM has never sought nor obtained sponsorship from any AA or NA group. Oxford House members value the Sixth Tradition of Alcoholics Anonymous (and Narcotics Anonymous) too greatly for themselves to try to get either movement deeply involved in the organizing, financing, or sponsorship of any Oxford HouseTM. However, Oxford House members firmly believe that the Oxford House concept can expand as an independent entity, while fully utilizing the benefits of Alcoholics Anonymous and/or Narcotics Anonymous. In fact, Oxford HouseTM creates an environment whereby each member can more fully realize the benefits available from active AA or NA membership. A house fall of sober, recovering alcoholics and drug addicts invites informal AA or NA "meetings after the meeting" and each day finds many informal AA or NA meetings before individual members each go off to their regular AA or NA meeting. An underlying principle of Oxford HouseTM is that each individual member has the ability to be responsible for himself or herself. Living within an Oxford HouseTM provides both the opportunity and motivation for all residents to regularly attend AA and/or NA meetings. The example of Oxford House members going to AA or NA meetings on their own is contagious. It has been the experience of Oxford House TM that participation in AA and NA is extremely high in an environment where one individual can see another individual, with the same disease, reaping great benefits from AA and /or NA participation.25 As an organization Oxford HouseTM is not part of AA or NA. However, the members of Oxford HouseTM have found that only by being active in AA and/or NA have they found comfortable, long -term sobriety — for themselves and the Oxford HouseTM in which they live. 15 If a resident's non - attendance at AA or NA meetings is causing problems — for the individual or the house — the residents may vote at a meeting to make meeting attendance for a particular member a condition of living in the house. In this situation the "group conscience" should be the determining factor. It is guided by the fact that the welfare of the house must always come first. 18 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 23 TRADITION FIVE Each Oxford HouseTM should be autonomous except in matters affecting other houses or Oxford House, Inc., as a whole. Each Oxford HouseTM is self - supporting and self -run. The members of an Oxford HouseTM assume full responsibility for the operation of the House. The members themselves in a democratic fashion determine the equal share of household expenses that is charged the members. The rules that govern the house are for the most part made by those who live in a particular Oxford HouseTM.26 Such autonomy is essential for the Oxford House system to work. The reason that each Oxford HouseTM is independent arises from the very practical consideration that those who are closest to a situation are best able to manage it. If an Oxford HouseTM follows the democratic principles and traditions of Oxford House, Inc., it should have no difficulty in running smoothly. Those democratic principles will also enable the members of a particular Oxford HouseTM to take pride in their newfound responsibility. The charter of each Oxford HouseTM requires that an Oxford HouseTM meet certain minimum requirements of Oxford House, Inc. First, an Oxford HouseTM must be democratically self -run following the Oxford House Manual. Second, an Oxford HouseTM must, in essence be a good member of the community by obeying the laws and paying its bills. Third an Oxford HouseTM group must immediately expel any resident who returns to drinking alcohol or using drugs. Failure to adhere to any of these three requirements would bring the entire Oxford House concept into question. Therefore, it is important that each Oxford HouseTM meet these minimum responsibilities in order for its charter to be continued.27 Oxford Houses are both autonomous and self - supporting. All Oxford Houses have been careful to avoid undue dependence on government or other outside funds. Each local Oxford HouseTM votes annually in convention to elect the national Oxford House World Council. Nine members of the Oxford House World Council are elected by all the individual Oxford Houses and must be a resident of an Oxford House when they are elected. Three of the World Council members are alumni and are elected by the houses and the alumni in attendance at the annual world convention. The organization was deliberately set up to assure that each Oxford HouseTM is autonomous and that overall policy of the Oxford House movement reflects the will of the majority of individual Oxford Houses. 2611ules against anyone living in an Oxford HouseTM who uses alcohol or drugs are universal with all houses. For obvious reasons, an individual house cannot establish different rules in this regard because such rules would run entirely counter to the primary purpose and functions of the Oxford House System. 27At this point in the text the original Oxford House Traditions, which were written when the first Oxford HouseTM began in the Fall of 1975, stated: "At this time, it also appears that Oxford Houses can be totally self - supporting. By that, we mean that a minimum amount of government support or private support may be accepted for start-up purposes." Some states have recovery house revolving loan funds to help a new house get started. This grew out of §2036 of PL 100 -690, the federal Anti -Drug Abuse Act of 1988, and has served as an important catalyst for the expansion of Oxford Houses. 19 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 24 TRADITION SIX Each Oxford HouseTM should be financially self - supporting although financially secure houses may, with approval or encouragement of Oxford House, Inc., provide new or financially needy houses a loan for a term not to exceed one year. Oxford HouseTM was built on the unique concept that its members should try to expand the number of beds available — rather than turn existing members out of the house after a set period of time. In carrying out that concept, Oxford House- Silver Spring, shortly after it started, put up over $1,200 in order to start Oxford House - Washington. Later Oxford House - Washington did the same for the start -up of another House. From the beginning, existing Oxford Houses helped new ones get started. Once a new House gets on its feet, it pays back the older Houses, which had loaned it money, and stands ready to help another new House.28 When an Oxford HouseTM first starts, it is generally necessary for the members to pay a slightly higher rent than what they pay once the House is established. There are two reasons for this pattern. First, there are start-up costs associated with the beginning of any new house such as security deposits, supplies and furnishings.29 Second, when a House first starts it takes some time to fill all the beds. As all the available beds in a House become full the members can decide whether to lower the equal share of household expenses or begin to develop a small surplus. As a practical matter, most houses choose to have a surplus of one month's expenses. Once having obtained that surplus, it then decides whether to lower the weekly equal share of household expenses or to accumulate money for the beginning of a new house — or to do both. Starting new Houses through the mutual assistance of existing Oxford Houses is a tradition because each House was started with the help of existing Houses and tends to pass on to others that which they received. Once more applications are received than there are beds available, the members of any Oxford HouseTM will begin to look around for another suitable house. When they find such a house they will bring it up with the other existing Houses and if there is a consensus they will attempt to find the start up money and members to fill the new house. Often several members of an existing House will move into the new House to provide a core group of new members who already know how an Oxford HouseTM works. Oxford House, Inc. acts as the coordinating body for providing charters for the opening of new Oxford Houses. It also acts as the coordinating body to help individual houses to organize mutually supportive chapters. Through chapters individual houses are able to share their experience, strength and hope with each other to assure compliance with the Oxford House concept and its respected standardized system of operations. 28 Numerous Oxford Houses have been opened since 1975, Some operate for several years and then, because of expiration of a lease, dissatisfaction with the facilities, or simply the finding of a better location, the members of a particular House will move into a new location. Other Houses often help that type of move as well as the start -up of new Oxford Houses. In both cases, financial assistance is in the form of a loan having a pay back schedule, not to exceed one year, defined up front. (Since 1989, many new Oxford Houses have taken advantage of state revolving loan programs. Repayment from those start -up loans assures the continuation of the revolving fund to enable other new houses to get started —just as repayment of loans to chapters perinits the same resources to be used again and again.) 29 For example, the landlord and phone company may require a security deposit and, while furnishings are generally donated, members will often have to rent a truck in order to pick them up. There may also be a need to buy more "staples" such as flour; sugar, coffee, cleaning supplies, etc. when a new House starts up 24 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 25 TRADITION SEVEN Oxford HouseTM' should remain forever non - professional, although individual members may be encouraged to utilize outside professionals whenever such utilization is likely to enhance recovery from alcoholism and drug addiction. It is inconsistent with the Oxford House system of democratic rule to have a professional manager of Oxford HouseTM. Likewise, it is inconsistent with the Oxford House concept to have a requirement placed on members to utilize the services of psychiatrists, doctors, or even the program of Alcoholics Anonymous or Narcotics Anonymous except in very special circumstances. Within an Oxford House group, it is not unusual to find some members who have problems that cannot be dealt with by the group. In those situations, it is not uncommon for the Oxford House members, at a meeting, to strongly suggest that a fellow member seek professional help. In those situations where a member's behavior is disruptive to the group as a whole, the member may be required to seek such professional help or attend more self -help meetings in order to avoid being dismissed from Oxford HouseTM. One can only be dismissed from an Oxford HouseTM because of drinking, using drugs, non- payment of rent, or disruptive behavior. Members should be careful not to abuse the dismissal process. Every opportunity should be given to a member who needs professional help to see that he obtains it. Nearly all members of Oxford HouseTM utilize the AA and /or NA program in order to obtain and keep a comfortable sobriety. However, an Oxford HouseTM relies primarily upon example for assuring a high percentage of AA and/or NA attendance from its members. Formal AA or NA meetings are not held in an Oxford HouseTM. However, every member who has maintained comfortable sobriety in an Oxford HouseTM makes it a practice to attend a lot of AA and/or NA meetings on a regular basis.30 If a house member does not regularly attend AA or NA meetings, the house may — as a group conscience — decide that an individual resident should attend a set number of meetings each week for both the individual's well -being and the well -being of others who live in the house. Individuals living in each of the Oxford Houses have also been responsible for starting many new groups of Alcoholics Anonymous or Narcotics Anonymous with meetings near an Oxford HouseTM. This not only helps those individuals to become more involved in AA or NA, and thereby reap greater individual benefits, but also helps to build strong bonds between local AA and NA groups and Oxford HouseTM 30 The 1988 Spring Survey of Oxford House members showed that the average member attends six AA or NA meetings a week. Subsequent annual surveys of Oxford House residents all around the country have confirmed that Oxford House residents attend an average of between five and six AA or NA meetings a week. There are two primary reasons 12 -step meeting are not held in an individual Oxford House: [a] it is good for individuals in recovery to get into the habit of attending 12 -step meetings in the community, and [b] it is unfair to house members and neighbors to collect a lot of cars in the neighborhood for regular 12 -step meeting at the house. 21 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 26 TRADITION EIGHT Propagation of the Oxford House, Inc. concept should always be conceived as public education rather than promotion. Principles should always be placed before personalities. Those who have benefited from living in an Oxford HouseTM have acquired enthusiasm for the Oxford House concept. In their enthusiasm, they have been anxious to share Oxford HouseTM with any recovering alcoholics and drug addicts who want to establish an Oxford HouseTM in their community. Every Oxford House member stands ready to explain the workings of his House and the benefits derived there to anyone anywhere. No personal gain is derived from any Oxford HouseTM promotion. It should also be pointed out that Oxford House, Inc. in no way gains from the creation of new Oxford Houses. It has been formed as a non -profit tax - exempt corporation and will continue to operate as one both according to the letter and spirit of the law. It is not easy to spread the word of a new concept or an old concept with a new twist. Propagation, or spreading the word, of the Oxford House concept is given the highest priority by the members of Oxford HouseTM. Before spreading the word, an individual Oxford HouseTM should make certain that it is sufficiently established to undertake public discussion of it goals and mission. The best sales pitch for spreading the word about Oxford HouseTM is simply the establishment of a sound Oxford HouseTM and a straightforward discussion of what it is, how it works and why it is needed. As with any group or organization, there will be some individuals who will be so impressed with the Oxford House concept that they will become "super salesmen." Each super salesman should be keenly aware that the Oxford House concept is one based on principles rather than personalities. The situation should be avoided whereby certain individuals will begin to equate their persuasive qualities with the Oxford House concept. The concept and the standardized, democratic, self - supported Oxford House system of operations itself are far more persuasive than any individual. Be honest and straightforward when sharing the Oxford House concept with others. The Oxford House concept is a sound one, based on sound principles, and has demonstrated its worth with an established track record. We should spread the word about Oxford HouseTM, but be wary of individuals who place their own personalities before the principles that made Oxford HouseTM work. Oxford Houses are dedicated to recovery and group support; not individual gain. 22 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 27 TRADITION NINE Members who leave an Oxford HouseTm in good standing are encouraged to become associate members and offer friendship, support, and example to newer members. While no one is ever asked to leave an Oxford HouseTM without cause, some individuals will simply outgrow living in an Oxford HouseTM. They will return to their families; they may start new families; they may simply move into another living situation. Once a member has left an Oxford HouseTM, he or she should be encouraged to become active in the Oxford House Alumni Association. Many alumni members continue to be associated with their former Oxford HouseTM as an associate house member. The associate member should be encouraged to attend House meetings, but a local house may decide that his voting privileges are somewhat less than those who live in the House. Such a restriction of voting privileges makes sense and should not discourage members who leave in good standing from becoming associate members of their former house or chapter. Gratitude is a feeling that most alcoholics acquire sometime during their recovery process. Often, recovering alcoholics and drug addicts find it difficult to adequately express their gratitude. The alumni member of Oxford HouseTM is in the enviable position of being able to be of service in an environment in which he has total understanding. The alumni member can offer friendship, support, and an example to the active members of an Oxford HouseTM. Moreover, the alumni member can often provide assistance in forming new Oxford Houses or in recruiting new members who want to live in an Oxford HouseTM. Above all the associate member serves as an example of one who lived in an Oxford HouseTM and "made it." All Oxford Houses should encourage members who leave in good standing to maintain a continuous link with their Oxford HouseTM experience. The welcome mat should be out to any associate member and contacts between associate members and active members should be encouraged.31 To the extent possible, each Oxford HouseTM should keep Oxford House, Inc. up -to- date with the current address of Alumni Members who have left the House in good standing, so that they can receive the "Oxford Grape" and other Oxford House newsletters.32 31 Many former residents of Oxford Houses, who left their particular house clean and sober, become members of the national Oxford House Alumni Association. The Alumni Association is a fellowship of former Oxford HouseTM residents who share their experience, strengths and hope in order to expand the Oxford HouseTM movement and keep it operating and expanding in a way to assure other recovering individuals the same opportunity they have enjoyed. 32 Names and addresses of Alumni Members and inquires concerning the Oxford House Manual® should be sent to Oxford House, Inc. 1010 Wayne Avenue, Suite 300, Silver Spring, Maryland 20910. A cooperative effort by both alumni and active house members can help keep successful members of Oxford HouseTM in touch with the Oxford House family. Most Oxford Houses honor their members who leave in good standing by awarding them a certificate of accomplishment and the first year's membership in the Oxford House Alumni Association. At the website: one can go to "Contact Us" and register the name and current address of alumni members. 23 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 28 OXFORD HOUSE SYSTEM CHECKLIST MONEY ➢ Set up a checking account for each Oxford HouseTM ➢ Obtain a federal tax identification number Get name of House and address on each check ➢ Require at least two signatures to write a check > Record all deposits, checks drawn and service charges Y Run all income and expenses through account Post monthly statement so all members of House can see � Set weekly equal share of household expenses to cover costs ➢ Figure monthly expenses (rent, utilities, staples) ➢ Divide by number of beds likely to be occupied �P Add a small amount to enable House to have a reserve ➢ Remember that any shortfall has to be made up by other residents if any of the house recovery beds are not occupied ➢ Collect equal share of household expenses in advance > Usually a House sets a rule of one or two weeks in advance ➢ Do not let members get behind in equal share of household expenses ➢ If a member is two weeks behind confront the member at the weekly meeting ➢ Discuss hardship cases at a meeting before accepting a new member — sometimes, it may be necessary to take into account the fact that an individual just out of rehabilitation will have to get a job in order to get rent money > Utilities ➢ Remember electric bill is higher in summer 'i�, Remember fuel bill is higher in winter ➢ Pay for view cable TV programs must be paid by user unless a house vote ➢ Protect against "pay for view" or "900" telephone calls ALCOHOL AND DRUGS Sobriety ➢ Sobriety is the primary purpose of an Oxford HouseTM ➢ Make no compromise ➢ Frequently go to AA /NA meetings but rely on "attraction" rather than mandates AA/NA meetings should be outside the house ➢ Alcohol or drug use Y As soon as use is suspected call a special meeting r' When a majority vote confirms use expulsion results ➢ If drunk or high, member should leave immediately If passive, leave the next morning ➢ Make no exceptions y Establish a readmission guideline of thirty days sobriety ➢ Accept the fact that the House welfare is more important than any individual ➢ Accept the fact that "tough love" stops relapses 24 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 29 OFFICERS House President ri Elected for six -month term yr Must be resident of House y Calls and leads weekly and special meetings y Cannot succeed himself but can be elected to the same office after six months have elapsed r House Treasurer ;y Elected for six -month term �; Must be resident of House .; Responsible for maintaining House financial records y Keeps membership informed about financial condition ;; Cannot succeed himself but can be elected to the same office after six months have elapsed ➢ House Secretary .� Elected for six -month term yr' Must be resident of House y► Responsible for recording minutes of House Meetings y� Before each weekly meeting assures that vacancy updates have been made and the vacancy contact cell phone is accurate ,y Sends thank you notes to contributors Cannot succeed himself but can be elected to the same office after six months have elapsed ➢ House Comptroller Elected for six -month term y Must be resident of House :r Responsible for collection of equal share of expenses and reports to house it Balances books with Treasurer prior to each meeting re Responsible for annual survey completion and transfer to website :> Cannot succeed himself but can be elected to the same office after six months have elapsed ➢ House Coordinator y� Elected for six -month term i> Must be resident of House rr Assigns and reviews house chores `r, Cannot succeed himself but can be elected to the same office after six months have elapsed The goal of every Oxford House is to be an example to everyone in recovery of the way to become comfortable enough in sobriety to assure long -term recovery without relapse. In brief, every Oxford House is a "Good Neighbor and a Good Citizen. " 25 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 30 Staying Connected Every Oxford House stays connected in order to share strength, experience and hope with other Oxford Houses, Oxford House World Services, the treatment community, drug courts, research- ers and all in the recovery community. At the heart of staying connected is the Oxford House website: www.oxfordhouse.org and use of the house's assigned email. The elected Secretary of each Oxford House makes sure that vacancy updates are reported whenever there is a change but at least every week following the established procedure and reports that fact at the weekly house meeting. The vacancy information is kept up -to -date because it is important to be credible. Credibility means that the information on the website should be correct. Remember that finding a safe place to live was a tough job for each of us. We were often frustrated. One frustration was learning that a house reportedly had a vacancy but then finding out there was no vacancy. The least each of us can do for the newcomer to recovery seeking a safe place to live is to make sure that our vacancy data is correct — if for no other reason to protect the good name of our house among counselors and members of the recovery community who are trying to help the newcomer to find a safe place to live. No counselor or twelve- stepper will refer anybody to Oxford House if they are consistently misled by the vacancy information on the Oxford House website or if the telephone contact number is wrong or never answered. Now that every house has been assigned an email address, answering email promptly can be a good way to set up interviews and fill vacancies. The elected Comptroller of each house is responsible for making certain that the house has an assigned email account. Beginning in September 2012, every new house will get an assigned email address when it gets its charter. Check the website for how houses existing before that date can get an assigned email address. The Comptroller should check the email on a daily basis to follow -up on new applicants and to know when to organize the house's annual survey questionnaire response. If an Oxford House does not have a computer or an Internet connection, get one. Computers have come down in price and a fast Internet connection costs much less than cable TV. Donated hand me down computers are also okay. Ask in the community for donations of computers. Keeping connected and up -to -date is important. The web also has much research infonnation about behavior that is likely to assure long- term recovery. zs Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 31 Protecting House and Chapter Finances The key to making any Oxford House work well is to have a weekly Douse meeting. Avoid thinking that, "Things are going so well we only need to meet once every two weeks or once a month." Experience has shown that whenever a house fails to have a regular weekly house meeting, trouble is just around the corner. The standard forms in the Oxford House Manual®, the Oxford House Chapter Manual®, and on the website are blueprints or maps for staying on track during a house or chapter meeting. Use them and if you have any questions use the hotline or web contact form to get an answer or explanation from Oxford House World Services. When an Oxford House is established it gets its own unique Federal Employer Identification Number [FEIN] from the Internal Revenue Service because that number is needed to establish a house checking account. Write the FEIN number in the House Record Book so that future residents in the house will have it. Also, make certain that Oxford House World Services has a copy of the number in their database. When the House Secretary checks into the website, he or she should verify house data on the World Services database. If the FEIN number is blank, please provide one. Your bank can tell you the FEIN number if your house has misplaced it. All Oxford Houses require two signatures for checks drawn on their checking accounts. Most Oxford Houses write checks for paying bills during their regular house meeting. That way everyone knows that the house money — which belongs to all the house members — is being properly spent. Between house meetings, the house checkbook should be locked up in a safe place. A simple lock box can be purchased at office supply stores like Staples, Office Max or Office Depot. The President, Treasurer and one other officer should have a key or know the combination code for opening the lock box. This ritual underscores how important it is to keep house money safe. Remember not to use electronic payments for paying bills except for start-up loan repayment or contributions to Oxford House, Inc. That makes certain that all expenditures on behalf of the house are easily documented and approved by all the house members. Also do not vote the same person as treasurer of house, chapter and state association. 33 The best safeguard for protecting finances in a house or chapter or state association is to make the financial data available to all members of the house or chapter or state association. Transparency is the best safeguard against stealing by dishonest members. The audit forms and procedures ensure transparency. The Treasurer of the House should report current house finances at each weekly house meeting. The Comptroller should work with the Treasurer to conduct a monthly audit of house or chapter funds to make sure careless mistakes in addition or subtraction do not misrepresent how much money is on hand, paid out or due. Finally, don't let residents get behind in paying their equal share of expenses. Everyone in recovery must be responsible. Our past addictive behavior often led us to put off doing things until tomorrow. When we were using, "tomorrow" never came; now that we are clean and sober, doing things we need to do today protects our sobriety. When it comes to house finances, diligence protects the house, the chapter and Oxford House as a whole. ❑❑❑ 33 See World Council Resolution # 42. Voting different individuals to be in charge of membership money at different levels of the organization is a sound "check and balance" to avoid embezzlement. 27 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 32 Application For Membership In oxford House FTo be accepted in an Oxford House an applicant must complete both sides of this application and be interviewed by the residents o the particular Oxford House to which the applicant is applying. The residents of the house then vote on acceptance. An 80 %t affirmative vote is needed to be accepted. Carefully read the application and honestly answer the questions. Living in an Oxford! House is special and if you understand its value it can help you achieve comfortable sobriety without relapse I 1. Print Name (Last, First, Middle) 3. Date of Birth Month Day Year 2. Present address (Street) Check if treatment facility ❑ 4. Phone Where You Can Be Reached Home City State Zip Work 5. Are you an Alcoholic? 6. Date of Your 9. List drugs you used addictively: ❑ Yes ❑ No Last Drink? 7_ Are you addicted to drugs? 8. Date of last ❑ Yes ❑ No drug use? 10. When did you attend your first AA or NA meeting? 11. How many AAINA meeting do you now attend each week? 12. Do you want to stop drinking alcohol and using addictive drugs? 13. Are you employed? ❑ Yes ❑ No ❑ Yes ❑ No If "yes" who is your employer? 14. Are you getting welfare or other non job related income? 15. If you do not have a job will you get one? ❑ Yes ❑ No If "yes" what? ❑ Yes ❑ No If "yes" what job plans do you have? 16. What is your monthly income right now? 17. What do you expect your monthly income to be next month? 18. Marital status [Check One] ❑ Married, ❑ Never Married, ❑ Separated, p Divorced 19. Do you have a medical doctor? ❑ Yes ❑ No If "yes" list the doctor's name and phone number: 20. Have you ever been to a treatment facility for alcoholism and/or drug addiction? 21. Do you take prescription drugs? ❑ Yes ❑ No If "yes" list the treatment provider, phone number and primary ❑ Yes ❑ No If "yes" list drugs and reason the counselor, if any. drug has been prescribed. Please complete the other side of this application. @2003 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, Maryland 20910 Telephone (301) 587 -2916 • Facsimile (301) 589 -0302 • Website: 28 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 33 Side 2 Visit website: for nearest Oxford House to you 29 © 2012 Oxford House, Inc. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 34 22. Date of move in ? ❑ Immediately ❑ Other — If 'other" list the date you would want to move in, if accepted, and why the date is in the future rather than immediately. Date: Reason: 23. Have you ever lived in an Oxford House before? Yes ❑ No If "yes," provide the name and location of the Oxford House below and answer question 24. 24. [Answer this question if the answer to question 23 was "yes. "] I left the previous Oxford House for the following reason: [check one] ❑ relapse, ❑ voluntarily, []other reasons) I, did ❑ or do not ❑ owe money to the Oxford House I left. If I did owe money to the Oxford House I left, I will agree to repay the money I owed to my former Oxford House. ❑ Yes ❑ No 25. Emergency Telephone Numbers. List fa IN doctor, if you have one, + two family members or friends Name and Address Relationship Telephone 1- 2- 3- 26. 1 realize that the Oxford House to which I am applying for residency has been established in compliance with the conditions of § 2036 of the Federal Anti -Drug Abuse Act of 1988, P.L. 100 -690, as amended, which provides that federal money loaned to start the house requires the house residents to (A) prohibit all residents from using any alcohol or illegal drugs, (B) expel any resident who violates such prohibition, (C) equally share of household expenses including the monthly lease payment, among all residents, and (D) utilize democratic decision making within the group including inclusion in and expulsion from the group. In accepting these terms, the applicant excludes himself or herself from the normal due process afforded by local landlord - tenant laws. 27. Use this space for additional relevant information: 28. I have read all of the material on this application form including the limitations set forth in item 26. 1 have also answered each question honestly and want to achieve comfortable recovery from alcoholism and/or drug addiction without relapse. SIGNATURE: DATE: FOR USE BY OXFORD HOUSE ACCEPTED NOT ACCEPTED MOVE IN DATE _ MOVE OUT DATE HOUSE KEYS RETURNED YES NO OUTSTANDING DEBT TO HOUSE $ DATE REPAID Visit website: for nearest Oxford House to you 29 © 2012 Oxford House, Inc. Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 34 WEEKLY OXFORD HOUSE FINANCIAL STATUS REPORT Name of House Week Of: TO 2U Number of Weekly Report CASH IN BANK START OF THIS WEEK CHECKING ACCOUNT + SAVING ACCOUNT.. .� BALANCE BALANCE DATE DEPOSITS AND MONEY RECEIVED AT THIS MEETING AMOUNT OR SINCE LAST DEPOSIT rLIST BY SOURCEI TOTAL MONEY RECEIVED: (ADD TO AMOUNT AT TOP OF PAGE TO SHOW "CASH + RECEIPTS ") R CASH + RECEIPTS 0 2003 Oxford House World Services 30 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 35 CASH + RECEIPTS FROM FRONT EXPENDITURE BY CHECK AND CASH DATE PAID TO AND PURPOSE CHECK NO. AMOUNT SUBTRACT TOTAL MONEY PAID OUT: � BILLS TO BE PAID (Future bills due within 30 days) DATE DUE TO WHOM AND FOR WHAT AMOUNT TOTAL ENTER DIFFERENCE BETWEEN AMOUNT PAID OUT AND CASH + RECEIPTS Cary forward this amount to the next weekly financial report Remember to number each sheet for easy reference of one week from the next Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1- 800- 689-6411 - Facsimile 1- 888 - 689 -6411 31 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 36 Oxford House Monthly Reconciliation and Financial Audit HOW TO RECONCILE YOUR HOUSE CHECK BOOK — Reconcile your checking account every month when you receive your Bank Statement. The following easy steps will help you do the job. HOUSE NAME MONTHIYEAR OF: Step 1. CHECK ( -) AMOUNTS SHOWN ON YOUR STATEMENT AGAINST AMOUNTS ENTERED IN YOUR CHECK BOOK. Step 2. LIST BELOW THE CHECKS WRITTEN DURING THE PERIOD WHICH ARE NOT RECORDED ON YOUR BANK STATEMENT. Step 3. LIST BELOW THE DEPOSITS MADE DURING THE PERIOD WHICH ARE NOT RECORDED ON YOUR BANK STATEMENT. Step 4. ADJUST YOUR CHECK BOOK BALANCE BY SUBTRACTING ANY SERVICE CHARGES NOTED ON YOUR STATEMENT. Step 5. Add the deposits not recorded to the statement balance and subtract the amount of outstanding checks plus service charges. Apply the five steps above by filling in the form below. The result arrived at in the "AUDITED HOUSE ACCOUNT' box is the amount of money a house has available at the end of the period. This completes an audit of the checking account. If your house has a savings account, audit It using the steps on the other side of this form. House Checking Account Audit: DEPOSITS NOT ON YOUR STATEMENT BANK STATEMENT DATE CHECKS NOT ON YOUR STATEMENT DATE AMOUNT _ NUMBER AND DATE ENTER STATEMENT TOTAL OF ITEMS NOT SUBTOTAL ENDING BALANCE + DEPOSITED AUDITED HOUSE m4 1. HOUSE TREASURER, COMPTROLLER AND PRESIDENT ACCOUNT SHOULD WORK TOGETHER TO COMPLETE EACH MONTHLY AUDIT OF HOUSE FUNDS. F$ 2. AFTER COMPLETING THE AUDIT EACH SHOULD SIGN THE OTHER SIDE OF THIS FORM AND THEN POST THE FORM SO EVERYONE IN THE HOUSE KNOWS THE FINANCIAL STATUS. AMOUNT MINUS TOTAL OUTSTANDING CHECKS © 2000 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1-800-689-6411 32 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 37 Oxford House Monthly Reconciliation and Financial Audit The summary of the financial status our Oxford House at the end of the month is computed below by filling in the right amounts and adding or subtracting: House Savings Account Amount in the Bank Plus House Checking Account Amount in the Bank Plus Amount to be Deposited in Savings Account Amount to be Deposited in Checking Account Total of Bills Due Available Funds Money Owed the House Total Funds Available When All Money Owed the House is Paid List below the individuals who are behind in paying their equal share of household expenses. President Auditing Officer's Initials Date: Treasurer Date: Comptroller: Date: 02000 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1- 800 -689 -6411 33 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 38 Plus Plus Plus Minus Plus List below the individuals who are behind in paying their equal share of household expenses. President Auditing Officer's Initials Date: Treasurer Date: Comptroller: Date: 02000 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1- 800 -689 -6411 33 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 38 I a I� 0 W Q z E.................. �- ---- -� f � e i i ! i ..................... E i I w I Wl � 11 F 89 1 r°n � o a 0 II r 0 w m F_ a CO) W 0) z W IL w N D W z 5 w V N 2 w W_ w a w z w a x w J Q U' w LU M O w W X W LU W co� N J W M 0 > O C.) 25w os Z W E.................. �- ---- -� f � e i i ! i ..................... E i I w I Wl � 11 F 89 1 r°n � o a 0 II r 0 w m F_ a CO) W 0) z W IL w N D W z 5 w V N 2 w W_ w a w z w a x w J Q U' w LU M O w aQ os �m e C z g U a m � .y s oa -` r L fl z❑ n Eu I = Q u O} u s aIL� 4 a r W C U i Tc z I `c C N a � m a i N C a7 b 0a W a a 2 w ca J ° wa wQ a n � 7 v WLL O t° n Y 34 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 39 N W D N F3: w m w 2 U- O w Z a 0 II n N L d N C O L N W N Z w a x w N D W z J J w U) 2 N w w I.I w a w U) z w IL w J D W W r1 w' -101 aZ, 1105 m w U Z a in _.. w❑ Od h Z a hJ zm ¢a W H w U Z I! Q a w Q ❑ Z oa w J wa LU a a W LL w pl 3:1- 1 35 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 40 (DW .z OOn- LLI W OX U IM LU❑ W 00 ) Z LL w ❑ J u, 0 0 w= 00 U) Ow Q ¢ Q T Z� �1 O 2< X wW O 0Z O ha W w a w �O U CL LLJo ❑ O w(q >- �= Z Jh ❑N. LL DO O� ❑co Tw jw ah ❑ w m to Zm z0 =, OZ W¢ UO wJ U) O h= aW M go D U) �2 5? w jrQ 0 aw ❑W �2 = Z Xz CO U) O¢ W� �O LL CD I.- Z wW QW Jw Z� wa ❑a Z� 1 �W chnmw QO aZ w � _1: Q M O ,c Q CD fn 0 0 M c N a' N C cc a O_ O r d N .a L CD O 2 a 0 O 0 0 N rO w 0 z LL O LLI z a z 0 J Q Z Of D O W t J O Ln r.L �j �Wq L[J rI C W O 2 Vr�J � � Z 0:2 O X (D U oZ�Q L O Y w w H LL O fl) Q as 0 e m N d c LL N 3 O d C R d N E N N O CL — d 93 U) w W �t c cn w 41 N ID a N O X w w w T 0 r- 0 E GI W 7 O � v C J CD z.3 w O W "= M C 2 (D w O C O N O_ N L O 0 lc6 O T- N N M L7 6 "'— 36 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 41 0 rn 0 N 0 m C 'C d U1 J 0 0 M aS c� N � QOD �o >, OD d O o T 0 d T U O 32 U) W O 'O O 00 N LLI (0 Z) O 2 LL 0 w z W 0 I.f. 0 x 0 C ro CD U rn ro 0Q o W� E L.4 E U {n a NN b 0° H Q Z b 0 .N 0 Q U LO 0W Z2 wa Z ZW Y Q �Z cn ZW Y Q N Z N ZW Q Y (D Z T W Z .he Q N Z N ro N m O = C N to I} 2 bo O O *= U o O Z O Z o �cs Q O 0 L E E ��/ fY w O O 1 1 (D •� o r T N t`7 d In c0 1+ go 0) T T Qf 37 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 42 a) v m 4) m c E rn CL ro o _ `D °' r- 0 r $ V E c ro O4 On � C a) y E C � N N � 3 D .0 0 ro s v — ro a is ro E a m O ... � N C .0 C7 N N U_ rL C D 2 i O "O x O� b 0- Q o C o 7 Q3 E b N Z' N ai O �U O N Q Q MM � a rn m o ro ai m ro E a� a a) `o E C .= V C13 E c b a s `0 �� ro .� N C _a0 a ro "' to Q ro C tlJ O 3 -60 co M(D E a U O E C L C .N m N a? N 2.0 s w 0 E 00 U E � O r.+ a LD Iv Mm i 0 l� G 0 U a O N C .L CL U) N 11. 0 O C�7 tl�1 U) T A� W d, Qo coj C O m°° nD O r- 0 L C (D vi a) N~ U m cn L b z V O O 0 0 N O OXFORD HOUSE TRADITIONS 1. Oxford House has as its primary goal the provision of housing for the alcoholic and drug addict who wants to stay clean and sober. 2. All Oxford Houses are run on a democratic basis. Our officers serve continuous periods of no longer than six months. 3. No Member of an Oxford House is ever asked to leave without cause -- drinking, drug use, or disruptive behavior. 4. Oxford House members realize that active participation in AA and /or NA offers assurance of continued sobriety. 5. Each Oxford House should be autonomous except in matters affecting other houses or Oxford House, Inc. - as a whole. 6. Each Oxford House should be financially self - supporting. 7. Oxford House should remain forever non- professional. 8. Propagation of the Oxford House, Inc. concept should always be conceived as public education. 9. Members who leave an Oxford House in good standing should become associate members. 000 38 Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 43 Oxford House TM 1975 -2014 39 Years of Organized Se y-' Help To .Enable Alcoholics and Drug Addicts to Recover Without Relapse • Providing Sole Authority for Oxford House Charters • Providing Technical Assistance to Establish New Oxford Houses • Providing Technical Assistance to Deep Existing Oxford Houses on Track • Providing Organisation of Chapters to Help Houses Help Themselves • Providing the Time, :Living Environment and Support to Enable Alcoholics and Drug Addicts to Achieve Recovery Without Relapse • Providing the Legal, Philosophical, and Scientific Framework for a Cost- effective, Worldwide Network of Supportive Recovery Dousing. Oxford Mouse World Services 1010 Wayne Avenue, Suite 300 Silver Spring, Maryland 209113 Telephone 301 - 587 -2916 Facsimile 3011 - 589 -01302 E -Mail: Info@oxford)iouse.org Web Site: www.oxfordhouse.org Board of Commissioners - August 17, 2015 ITEM: 24- 15 - 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Vice Chair Donna Girardot) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning /Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -942, 7/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Krueger Family Trust, Property Owner, and Stephen Fasul, Contract Purchaser, to Rezone 3.15 Acres Located at 7755 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District, to Develop a Mini - Warehouse Use BRIEF SUMMARY: This conditional rezoning application, submitted by Cindee Wolf of Design Solutions on behalf of Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, proposes to rezone 3.15 acres located at 7755 Market Street from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District in order to develop a mini - warehouse use. As the application is for a conditional rezoning, a conceptual site plan is included as part of the application, and conditions above and beyond the requirements of the zoning ordinance may be added to the district with the applicant's agreement. The site and surrounding area are classified as Transition according to the 2006 CAMA Land Use Plan. The surrounding area includes a mixture of zoning districts including B -2, O &I, R -15, and R -10. Surrounding land uses include single - family and multi - family residential, general office and retail, and warehousing uses. The property proposed to be rezoned is undeveloped. It is currently wooded and may contain wetlands and areas regulated by the Conservation Overlay District. These features will need to be delineated on the final site plan prior to development. The property has frontage along Market Street. At their July 9, 2015 meeting, the Planning Board voted 7 -0 to recommend approval of the application with the two conditions listed below. One person spoke in opposition, citing concerns over exterior lighting, noise, hours of operation, privacy, the environment, and the resale value of his property. This application is consistent with the current draft of the County's new Comprehensive Plan. The plan currently classifies the property as Community Mixed Use which allows for a mixture of uses and high density developments. 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 Board of Commissioners - August 17, 2015 ITEM: 25 • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District as described is: Consistent with the purposes and intent of the "Transition" land use classification in the 2006 CAMA Land Use Plan because the "Transition" classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non - residential uses. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Conditions: The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable. The hours of operation shall be limited to 6:00 AM to 10:00 PM. ATTACHMENTS: Z -942 Script Z -942 Petition Summary Z -942 Staff Summary Z -942 Neighbor Properties Map Z -942 Zoning - Aerial Map Z -942 CAMA Map Z -942 Water -Sewer Map Proposed Site Plan Cover Z -942 Proposed Site Plans Applicant Materials Cover Z -942 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with two conditions as presented by Staff. COMMISSIONERS' ACTIONS: Approved with two conditions as presented by Staff 5 -0. Board of Commissioners - August 17, 2015 ITEM: 25 SCRIPT FOR Conditional Zoning Application (Z -942, 7/15) Request by Design Solutions on behalf of Jean A. Krueger Family Trust to rezone 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District, to develop a mini - warehouse business at 7755 Market Street. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 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 additional 5 minutes for rebutta I. 2. Conduct Hearing, as follows: 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 A. Board of Commissioners discussion 5. If a rezoning request is denied, a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Vote on the conditional zoning application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District as described is: 1. Consistent with the purposes and intent of the "Transition" land use classification in the 2006 CAMA Land Use Plan because the "Transition" classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non - residential uses. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Condition: 1. The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable 2. The hours of operation shall be limited to 6:00 AM to 10:00 PM. Board of Commissioners - August 17, 2015 ITEM: 25- 1 - 1 Case Z -942, (7/15) Rezone from R -15, Residential District, to (CZD) B -2, Conditional Highway Business District Petition Summary Data Parcel Location & Acreage: 7755 Market Street, 3.15 acres Petitioner /Owner: Jean A. Krueger Family Trust Existing Land Use: Undeveloped Zoning History: Initially zoned R -15 via Area 5 (July 6, 1971) Land Classification: Transition Water Type: Public Sewer Type: None /Septic Recreation Area: Ogden Park Access: The site has direct access to Market Street. Fire District: New Hanover County North Watershed & Water Quality Classification: Pages Creek (SA;HQW) Conservation /Historic/ Archaeological Resources: None Soils and Septic Suitability: Leon Sand (Le) — Severe: wetness Kureb Sand (Kr) - Slight Schools: Blair Elementary, Holly Shelter Middle, Laney High Z -942, 7/15 Board of Commissioners - August 17, 2015 ITEM: 25- 2 - 1 Page 1 of 1 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z -942, 7/15 PETITIONER: Cindee Wolf on behalf of Jean A. Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser REQUEST: Rezone from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District ACREAGE: 3.15 acres LOCATION: 7755 Market Street PID: R03600- 004 - 007 -000 LAND CLASS: Transition PLANNING BOARD ACTION: At their July 9, 2015 meeting, the Planning Board voted 7 -0 to recommend approval of the rezoning, finding that the application is: 1. Consistent with the purposes and intent of the "Transition" land use classification in the 2006 CAMA Land Use Plan because the "Transition" classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non - residential uses. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Conditions: 1. The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable. 2. The hours of operation shall be limited to 6:00 AM to 10:00 PM. EXISTING CONDITIONS: Existing Zoning and Land Uses The 3.15 acre parcel was zoned R -15 when zoning was initially applied to this area in 1971. Currently the area consists of a mixture of zoning districts including B -2, O &I, R -15, and R -10. Surrounding land uses include single - family and multi - family residential, general office and retail, and warehousing uses. Z -942, (7/15) Board of Commissioners - August 17, 2015 ITEM: 25- 3 - 1 Pagel of S Existing Site Conditions The property proposed to be rezoned is undeveloped. It is currently wooded and may contain wetlands and areas regulated by the Conservation Overlay District. The property has frontage along Market Street. Community Services Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Blair Elementary, Holly Shelter Middle, and Laney High schools; however this use will not impact the school system. Conservation, Historic, and Archaeological Resources The subject property may contain a natural pond which is subject to the Conservation Overlay District standards. No other historical or archaeological resources are known to exist on the property. Z -942, (7/15) Board of Commissioners - August 17, 2015 ITEM: 25- 3 - 2 Page 2 of 5 PETITIONER'S REQUEST: The petitioner is seeking to rezone the 3.15 acres of the property currently zoned R -15, Residential District, to (CZD) B -2, Conditional Highway Business District with the accompanying conceptual site plan for the development of a mini - warehouse use, specifically indoor climate - controlled storage. STAFF POSITION: Zoning Ordinance Considerations The Zoning Ordinance states that the purpose of the B -2 Highway Business district is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. Principle means of ingress and egress should be along collector roads, minor arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. Mini - warehouse uses are permitted by right within the B -2 zoning district. A conceptual site plan is included as part of the application and has had a preliminary zoning review. A more detailed site plan must go through an official zoning review and obtain zoning approval prior to the commencement of any development activity. Traffic A traffic impact worksheet was provided as part of the application. The worksheet demonstrates that the use will not create peak hour trips in the amount necessary to require a Traffic Impact Analysis (TIA). Peak AM hour trips realized from the use will be 15 trips, and peak PM hours trips will be 16 trips. Environmental The project will be subject to several environmental regulations and permits. Stormwater management will be reviewed by New Hanover County Engineering, along with sediment and erosion control. The existence of any jurisdictional wetlands must be confirmed by US Army Corps of Engineers prior to building permit issuance. Lastly, the existing pond on the property maybe required to be preserved in accordance with the standards of the Conservation Overlay District. Landscaping and Buffering Landscaping and buffering must be installed in accordance with the Zoning Ordinance regulations, which includes streetscaping along Market Street, and a buffer along the rear property line, which adjoins residentially zoned land. The rear buffer will consist of both vegetation and an eight foot tall solid -wood fence. Existing vegetation within the buffer will be preserved and supplemented as necessary to make it fully opaque. Land Use Plan Considerations The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Z -942, (7/15) Board of Commissioners - August 17, 2015 ITEM: 25- 3 - 3 Page 3 of 5 1Land Use Plan Classification Wetland Resource Protection Area ��AS ". • fog REVIEW AND ACTION: Watershed Resource Protection Z -941 This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on Monday, June 8, 2015 in accordance with the requirements for such an application. Six members of the public attended the meeting. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends the approval of the application with a condition. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Plan. Specifically, the property is adjacent to a commercial node along Market Street, supporting Policy 4.3 of the CAMA Land Use Plan: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Staff recommends the following conditions be placed on the district: 1. The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable. 2. The hours of operation shall be limited to 6:00 AM to 10:00 PM. Action Needed • Motion to approve of the application • Motion to "table" the item in order to receive more information • Motion to deny of the application based on specific reasons Z -942, (7/15) Board of Commissioners - August 17, 2015 ITEM: 25- 3 - 4 Page 4 of 5 ��AS ". • fog REVIEW AND ACTION: Watershed Resource Protection Z -941 This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on Monday, June 8, 2015 in accordance with the requirements for such an application. Six members of the public attended the meeting. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends the approval of the application with a condition. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Plan. Specifically, the property is adjacent to a commercial node along Market Street, supporting Policy 4.3 of the CAMA Land Use Plan: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Staff recommends the following conditions be placed on the district: 1. The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable. 2. The hours of operation shall be limited to 6:00 AM to 10:00 PM. Action Needed • Motion to approve of the application • Motion to "table" the item in order to receive more information • Motion to deny of the application based on specific reasons Z -942, (7/15) Board of Commissioners - August 17, 2015 ITEM: 25- 3 - 4 Page 4 of 5 Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District as described is: 1. Consistent with the purposes and intent of the "Transition" land use classifications in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistentl. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments. I. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District as described is: 1. Not Consistent with the purposes and intent of the "Transition" land use classification in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistentl. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments./. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 3.15 acres from R -15, Residential District, to (CZD) B -2, Conditional Highway Business Zoning District as described is: 3. Consistent with the purposes and intent of the "Transition" land use classification in the 2006 CAMA Land Use Plan because the "Transition" classification allows for future intensive urban development. The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non - residential uses. 4. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Condition: 1. The existing vegetation must be preserved within the rear 25' bufferyard to the maximum extent practicable. 2. The hours of operation shall be limited to 6:00 AM to 10:00 PM. 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N G N u LO Obd N N U d m 3 c U U may. d K M L 00 C N O N M a CO N V /10 U N O N V O) � N C M N Ol m y7 m o G m 3 c U U rn Q 0 Ln N rl C O r U O vl m U a 4N�CAROLINA °� C �0 r Z U 10 NYH Board of Commissioners - August 17, 2015 ITEM: 25- 4 - 1 0 0 Y J 6 N 0 f' < O se o N 0 0 N C d p p p p U) NQ � \\ "i• W �C m O c. N \\ U 80 H.9/37838 / a. v m a � 0 �' \ R��p•(E � to F�PRIVATE i� p v °6 \ v LL rn p O N _ / \I LID ID y N O 2 J 0 d m E lV, bbd MpRYCL15 DR P N c a C 1 N N LO �b� N N 10 •i d O ''b `` '^ m m v N �J QQ c o F 0 v m N N y�ONbX J M c N Q � Y N ^ c o Q pQ CAROLINA o 0 Air Board of Commissioners - August 17, 2015 ITEM: 25-5-1 Board of Commissioners - August 17, 2015 ITEM: 25-6-1 Board of Commissioners - August 17, 2015 ITEM: 25-7-1 PROPOSED SITE PLAN Board of Commissioners - August 17, 2015 ITEM: 25- 8 - 1 Board of Commissioners - August 17, 2015 ITEM: 25- 9 - 1 d- m •U d a �3 q° v 4 mE�' iE� E.c a�Ey_ l�'l _ ry m a _ o E a3° - , a r m -__� LL W (60' Public W�^I) Alexander Road L � Lrd xka s € s�Er Fas �� i z 84 s`ga neE^ �s S�9 sz -S$ gb "s �E48 C O � c c O 75 =� �� EYF a �➢¢ � ��Feg - €� Sao � v, III h,� ��I I I III III 3 —� g111I a c e Ig m III �I - - K m'f�, 1➢I /� � � I III III {p, I � 0� 3[ � IIII IIIII"`I - I II II P Y - T � yt�� z MH €�x� �� � � 1 1 1 \�\ o`•, �� \ \� �- L \i � 'go '. 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I III � III III II I II I II I II I lu I II I II I i I wI X13 �Q SPPIUMV Ela 6-- - - - - -- I II i�tl I II III III III III �II I�IIIII 388 III F� III II W &� III III II �mn „�� II�III III I it �og�`= I I II °II II 4 II III II IIII� I III � III � I II I �;II I o LL O APPLICANT MATERIALS Board of Commissioners - August 17, 2015 ITEM: 25- 10 - 1 NEW HANOVER COUNTY P,ANNING & INSPECTIONS Application for c o1Vl).T "i' 0 4 _ L Z0G JV 'G .CIS TA C T 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Petitioner Information � ,Property Owner(s) � Subject Property � If different than Petitioner Name Owner Name Address Cindee Wolf Jean A. Krueger Family Trust 7755 Market St Company Owner Name 2 Parcel 1D(s) Design Solutions Stephen Fasul (Contract Purchaser) 316909.07.5475 Address Address Area PO Box 7221 8528 Lincolnshire Rd. 3.15 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Jacksonville, FL 32217 R -15 / Vacant Phone Phone Proposed Use 910 - 620 -2374 919 - 649 -2445 B -2 (CZD) / Mini - Storage Email Email land Classification cwolf @lobodemar.biz Application Tra&iing Information sfasul.galleria @gmail.com (Staff Only) Transition Case Number I D te/Time received: Received by: Z' qJ4 a (01 l lr 411.45 Pte- -7ak� APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: Section 55.3: Conditional Zoning Districts Section 110: Amending the Ordinance Section 111: Petitions Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. board of uo s - August 1 /, 1U15 IM 25- 11 1 04/14 AP ?'LICATION REQUIRENIfENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Informatio_ Applicant Staff Initial Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Fs Legal description (by metes and bounds of property requested for rezoning. $S Copy of the subdivision map or recorded plat which delineates the property. �5 Site Plan (8 -24x36 copies for Planning Board; 8 -2406 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII, as ap licable A report of therequired public information meeting outlined in Section 111 -2.1. i Authorit y for Appointment of Agent Form if applicable) RS Fee - For petitions involving 5 acres or less, $60. For petitions involving greater than 5 acres, $700 �5 — Board of CoWMR,ow 11A� ust 17, 2015 ff6bll 04/14 MOI S M.IRIA ..e.+►D,,+1MIRED FOR ADP RO Y A1 OF A ilU3NGE OF MM G - onditional Use District Zoning is established to address situations where a particular land use would be : onsistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but For which tone of the general zoning classifications which would allow that use are acceptable. The applicant should mplain, with reference to attached glans (where applicable), how the proposed use satisfies these requirements. 1 he applicant has the burden of proo f and must provide sufficient evidence in order for the required findings to )e met. i(ou must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): How wou�ld� ihe requested change be consistent witia the County's Policies for Grp and Development? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop a self - storage facility along a a busy commercial thoroughfare &close to several new residential developments. Extending the business zone, but with conditional regulations is consistent with the concept of in- filling parcels where urban services are available. Z How would the requested zone change be consistent with the property's classification on the Land ev Classificatio 1VIa? The site is in a 'Transition" land classification. The Transition classification is intended for more intensive development where urban services are already in place. .3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is Market Street is an extremely busy thoroughfare. Single - family residential use of lands immediately bordering it has become generally undesirable. The properties to botn the North & South of the subject tract have already been zoned for business uses. Rezoning this property for a low-impact business use would be logical. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a self - storage facility Is much lower than many of the more intense business uses that could be appropriate for this location. Reference the site plan layout & notes for proposed conditions. Fencing & a bufferyard will mitigate any impacts to the residential uses to the North west. Streetyard & interior plantings will meet the landscape requirements & add to the visual appeal roject. Architectural features on the street facades of the buildings, and decorative fencing along to street frontage will add to the overall aesthetics_ ff an applicant �-c. uesis delay of consideration from. he Planning Board or Board of County Commissioners before not er., 1 =.as been sent: to the r,eyiFspa.per, rho; itew -will be calendared for The next meeting, and no flee ),rill be 4req:*,ireci. f,f delay is requested after notice has been sent 14 the ,newspaper, the Doa_t will rct or 101-a -racl est at, TRie sched aled .weeting anCi are under no obligation to grant the continuance. 11T the contia -unnee is g:-maed, it fee lin accordance with the adopted fee schedule as published on the New .'11anaver, County Piamilug miusire will be required. By my signature iaelcw, f uTirueistrn d and accept all of the conditions, limitations and obligations of the Conditional Use lam applylng. T understand that the existing official zoning map is presuniedi to be correct. I arAderstaud that :I: have the burden of proving why this requested change is in the !pinWic li te.:•est. certify that This application is complete and that all information presented in this applies ion is accurate to the best of my knowledge, information, and belie'. 4� FAnt Ma Signatu s e of`f'etitioner and /or tom, roper'iNQg- �Wornmissioners - August 17, 2b'rne Legal Description for Rezoning of 7755 Market Street Beginning at a point in the northwestern boundary of Market Street (U.S. Hwy 17), a 100' public right -of -way; said point being located South 42 037'57" West, 335.51 feet from its intersection with the southwestern boundary of Alexander Road, a 60' public right -of -way; and running thence from the point of beginning with the Market Street boundary, South 42 045'04" West, 377.03 feet to a point; thence leaving the road right -of -way, North 36 °22'31" West, 175.37 feet to a point; thence South 49 025'05" West, 14.37 feet to a point; thence South 85 027'56" West, 54.04 feet to a point; thence North 68 027'29" West, 29.90 feet to a point; thence North 55 008'04" West, 29.27 feet to a point; thence North 10010'04" West, 9.79 feet to a point; thence North 43 043'23" West, 55.91 feet to a point; thence North 34 037'57" East, 406.91 feet to a point; thence South 47 020'09" East, 388.50 feet to the point and place of beginning, containing 3.145 acres, more or less. Being also described as "Lot 2 - W.C. Alexander Division," recorded among the land records of the New Hanover County Registry in Map Book 25, at Page 174. Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS A L'THORITY FOR APPOLNTMEIVT OFAGEIVT 210 GOVLri-iniviril Center Drive Suite 110 Wi'ining?on, W7 28403 9)(1-798-7165 phony 910-798-7053 fax %VW.1111cuov.com Plea.je note that fur quasi-judicial proceedings. either the land owner or an attorney must be present ror the case at the public hearing. The Undersi-ned owner dne% hereby appoint an authorized the agent deseribed herein as the;r exclusive agent For the purpose or petitioning New I lanovcr County for a variance, Special tine pen-nit. rezonini!, request. and.lor an appeal of Stall' decisions applicable io the property &scribeJ in the attached petition. The Agent i! hereby authorized to. on behal r of the property o« tier: I . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to gi,e representation and commitments on behalfofthe propert% owner 3. Act on the property o" ner's behalf %% ithout limitations %% ith regard to any and all thing.,- directly or indircetly connected with or arming out ol'an% petition applicable to the Ne" llanci%er ount-v Zoning Ordinance. Agent Information Name Cindee Wolf Ompunv Design Solutions d ress P.O. Box 7221 Cit%. State, Zip Wilmington, NC 28406 Phone 910-620-2374 cwolf@lobodemar.biz Vrnperty Owper(s) 1 Subject Property 0% ner.Name i Addre%s Jean A. Krueger Family Trust s 7755 Markpit St Owner Maine 2 City. State, Zip Stephen Fasul (Contract Purchaser) Wilmington Address Parcel 11) 8528 Lincolnshire Rd. 316909.07.5475 4%, ~talc. Zip 11D' Jackaonville. FL 32217 Phone 919-649-2445 Email sfasul.gallariat, gmail.com Case Numher Reference: Date: lime received: Received hN: This document was willfully executed on the Ste` day of 2 01 1!5. OXwBoard of Commi-QVn1@r9-2ASjUAa1F1,r1?015 n7l tuna ITEM: 25- 11 - 5 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TM shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Fasul storage Facility PROJECT ADDRESS 7755 Market street DEVELOPER/OWNER S and F1 Properties, L.L.C. EXISTING ZONING R -15 / s -2 CZD Proposed GROSS FLOOR AREA 50,700 sq. ft. NEAREST INTERSECTION Market St & N. Alexander Dr. BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) F ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ( ITE 151) Mini Warehouse / 51,500 s . f . (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 15 PM PEAK HOUR TRIPS 16 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf from ITE Manual Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on (Date) Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 7755 Market Street Proposed Zoning: Conditional Zoning District B -2 / Climate - controlled Self- Stora-ge The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on May 26, 2015 , and emailed to all parties registered on the County's "Sunshine List" on May 29, 2015. A copy of the written notice is also attached. The meeting was held at the following time and place: Monday, June 8, 2015: 6:00 p.m.: Ogden Park — Shelter #2 The persons in attendance at the meeting were: Reference Attached Sian -in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. ** Mrs. Wheeler, from the Brickstone subdivision, was concerned about traffic access from Alexander Dr. onto Market St. It was explained that the project would access Market St. directly and have no impact on the Alexander Rd intersection. *` Resident property owners to the rear of the tract are concerned that the clearing of vegetation for development of the site will reduce the current noise buffering of Market St traffic flow. ** A resident asked about existing wildlife in the vicinity — specifically woodpeckers — and whether there is protection regulation in place. Research will be done to have an answer for the Planning Board meeting. ** A possible condition of limited hours of operation was discussed. As a result of the meeting, the following changes were made to the rezoning petition: A field survey was completed and the site plan updated accordingly. Possible conditions that could be proposed to mitigate adjacent property owners' concerns will be presented at the Planning Board public hearing. Date: June 9, 2015 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 7 Community Information Meeting Wednesday Fasul Storage June 8, 2015 Name Address Email (Optional) / GG ,lil/� l Git S 7o�r L� S rti B • �6G� , li r I 144 Lt�L 1F �1 -+•t'i 4 c � c `eg o Crx!;in� U% y �1r",' �l -CG/ S cow Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 8 Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 9 Name Address city State Zip TaxParcelID Ponds Edge Office HOA, Inc 7741 Market St Wilmington NC 28411 316909.07.4234.000 Lillian Sneeden 6909 Haberseen Or Wilmington NC 28411 316909.07.4234.001 Donnalley Investments, LLC 219 Bedrock Ct Wilmington NC 28411 316909.07.4234.002 Frances Feil 304 Monlandil Dr Wilmington NC 28403 316909.07.4234.003 Frances Fell 304 Monlandil or Wilmington NC 28403 316909.07.4234.004 Jobos, LLC 232 Causeway Dr Wrightsville Bch NC 28480 316909.07.4234.005 Steven & Sandra Felton PO Box 7007 Rocky Mount NC 27804 316909.07.4234.006 Steven & Sandra Felton PO Box 7007 Rocky Mount NC 27804 316909.07.4234.007 Genesis Center of Wilm 7741 -H Market St Wilmington NC 28411 316909.07.4234.008 Genesis Center of Wilm 7741 -1 Market St Wilmington NC 28411 316909.07.4234.009 Shirley Wilson 7725 Market St Wilmington NC 28411 316909.07.3151 Gordon Everett etal 818 Freeland Ct Gambrills MD 21054 316909.07.3027 Theresa Moore Heirs 1402 Ann St Wilmington NC 28401 316909.07.2082 Johnny Brown 1402 Ann St Wilmington NC 28401 316909.07.1046 Henry Edward Brown 1402 Ann St Wilmington NC 28401 315912.96.9916 Miller Bragg 7734 Alexander Rd Wilmington NC 28411 315912.97.9142 Damaris Rebollc 7733 Alexander Rd Wilmington NC 28411 315912.97.7348 Mollie Rogers Johnson Life Est 206 Headwater Dr Hampstead NC 28443 315908.97.0875 Dwight Young 201 Alexander PI Wilmington NC 28411 315908.97.9535 Robt & Edith Brown 5306 Andover Rd Wilmington NC 28403 316905.07.0736 Maxie Shepard 7777 Alexander Rd Wilmington NC 28405 316905.07.0869 Donald & Sabra Boyd 7781 Alexander Rd Wilmington NC 28405 316905.08.0070 Chas & Patricia Krieger 3209 Aster Ct Wilmington NC 28409 316909.07.1302 Geo & Linda Peterson 1219 Middle Snd Loop Rd Wilmington NC 28411 316909.07.1475 Geo & Linda Peterson 1219 Middle Snd Loop Rd Wilmington NC 28411 316905.07.3578 Roland Boyette, Jr PO Box 11340 Wilmington NC 28404 316905.07.1695 Roland Boyette, Jr PO Box 11340 Wilmington NC 28404 316905.07.2720 Henry Clayton Landon 8220 Lantana Ln Wilmington NC 28411 316905.07.2756 James Michael Outlaw 7780 Alexander Rd Wilmington NC 28411 316905.07.5798 Mary Bazor Outlaw 7778 Alexander Rd Wilmington NC 28411 316905.07.4896 Gary & Donna Jones 7782 Alexander Rd Wilmington NC 28411 316905.07.3819 Woodie & Elaine Shepard 7786 Alexander Rd Wilmington NC 28411 316905.07.3946 Woodie & Elaine Shepard 7786 Alexander Rd Wilmington NC 28411 316905.08.3084 Virginia Crocker Life Est 7794 Alexander Rd Wilmington NC 28411 316905.08.5027 Porters Neck Bus Pk, COA 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.000 Fur Flying Realty Trust 7775 Market St Wilmington NC 28411 316905.07.8706.001 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.002 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.003 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.004 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.005 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.006 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.007 WBP, LLC 6002 Meadow Run Ct Chapel Hill NC 27516 316905.07.8706.008 Robt & Pamela Rouse 7803 Raintree Rd Wilmington NC 28411 316905.08.6236 William D Bell 7802 Raintree Rd Wilmington NC 28411 316905.08.7172 Bailey C Wilkes 7806 Raintree Rd Wilmington NC 28411 316905.08.8261 Paul Jensen 7805 Hazelton Ct Wilmington NC 28411 316905.08.9057 Andrade Lazaro Gutierrez 7801 Hazelton Ct Wilmington NC 28411 316905.17.0957 Walter & Virginia Potter 7804 Hazelton Ct Wilmington NC 28411 316905.17.1977 Cathleen Padgett etal 7799 Alexander Rd Wilmington NC 28411 316905.07.9964 Amberleigh Shores, LLC 900 Brookstone Centre Pkwy Columbus GA 31904 316905.27.1857 Esther F Lee 8636 Fazio Or Wilmington NC 28411 316909.17.2476 Esther F Lee 8636 Fazio Dr Wilmington NC 28411 316909.17.3243 Chas Franklin & Thelma Foy 4325 Ely Ave Bronx NY 10466 316909.16.3915 George Saunders etal PO Box 1035 Wrightsville Bch NC 28480 316909.07.9392 George Saunders etal PO Box 1035 Wrightsville Bch NC 28480 316909.07.9246 Three Oak Property, LLC 1630 Military Cutoff Rd Wilmington NC 28403 316909.16.3603 Ogden 12 Properties, LLC 1612 Military Cutoff Rd Wilmington NC 28403 316909.06.8989 Cape Fear Marine Group, LLC 9410 Voyagers Way Wilmington NC 28412 316909.06.8871 Cape Fear Marine Group, LLC 9410 Voyagers Way Wilmington NC 28412 316909.06.7810 Robert Howell 812 Soundview or Ham stead NC 28443 316909.06.6632 Boarlof Commissioners - August 17, 2015 ITEM: 25- 11 - 10 Design Solutions Transmittal May 26, 2015 To: Adjacent Property Owners From: Cindee Wolf Re: Storage Facility A developer is interested in constructing a self - storage facility along Market Street, between the two intersections of Alexander Road. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A preliminary plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. An open -house style meeting will be held on Monday, June 8`h, at Picnic Shelter #2, Ogden Park Drive (north side of the lake adjacent to the Dog Park), 6:00 - 7:00 p.m. If you cannot attend, you are also welcome to contact me at telephone # 620 -2374, or email cwolf @lobodemar.biz with comments and /or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. BOX 7221, Wilmington, NC 28406 * Telephone: 920 -620 -2374 * Email: ewolfolobodemar.biz Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 11 IF 10 ear THIS PAGE INTENTIONALLY LEFT BLANK Board of Commissioners - August 17, 2015 ITEM: 25- 11 - 14 Y 0 F W 0 w. W m O 6 > > Z Z2 Oa OW U u ZZI > F ' a o 0 0 : u f Z O_ V ~ w F 20 2 W ¢ u Wu cc < x 2 '" ca V �� a 1 u00 LL W L �N 0 uu F t n 0 U U > s u Y Z Z i W < f F cc Z U W i f m 7 O� Z Z 0 _ 0 U W u < Y 0 m0 x Z Z � W Z J F < z i i : z z 0 0 O 0 0 O a a a a a W b M 0 W M W V 0 0 0 0 0 0 cr 17-35--rd--oFCommissioners - ug4st 17, 2015 ITEM: 25- 11 - 15 F Z 3 O Q J a F. i 0 0 1 W W J J r t F � W F 40 NO k cc W co G s`z lz W _ V cc r A H V Y U W 2 U �i 2 N U } H z f V cc W z 0 i W Z m o W W < 2 m w W it W 0 Z a _ Q O ¢ 6 W C 2 W W LL ___ I Z NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Jennifer Rigby, Long Range Planner (Planning Board Rep: Vice Chair Donna Girardot) CONTACT(S): Jennifer Rigby; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing New Hanover County Comprehensive Plan - Planning Staff will Present Chapter 3: Framing the Policy of the Comprehensive Land Use Plan BRIEF SUMMARY: At the June 4, 2015 New Hanover County Planning Board meeting, staff presented to the Planning Board the third chapter of Plan NHC, "Framing the Policy ". This chapter outlines the work of over 160 individual citizens and 12 members of a Citizens Advisory Committee appointed by the Board of Commissioners and selected from the theme committees. Chapter 3 culminates into broad and aspirational goals for the future of New Hanover County and potential implementation strategies to achieve these goals. It was approved by the Citizen Advisory Committee with the following language: While total agreement was not reached on all goals and strategies, overall consensus was achieved and the diversity of the committee provided broad countywide representation and input to the staff and consultant. The committee encourages New Hanover County to use the goals and implementation strategies offered in this report in the development of the 2015 Comprehensive Land Use Plan for New Hanover County. In order to maintain a transparent process and engage as many New Hanover County citizens as possible, staff presented Chapter 3, "Framing the Policy" to the Planning Board at a public hearing in June. At this time, Planning Board members identified four areas for further consideration and asked staff to compile edits from board members so they could be presented at the July Planning Board meeting. Staff worked with Planning Board members to gather all comments and suggestions and incorporate them into the Citizen's Advisory Committee document. At the July Planning Board meeting, the Board unanimously approved the suggested edits to the document. In coordination with New Hanover County Management, Planning Staff made recommendations to the Planning Board edits. These edits are intended to represent the conversations of the theme committees, the Citizen Advisory Committee, the Planning Board, and strategies previously determined by the Board of Commissioners. Attached, is the document which includes the CAC recommendations (in black), the Planning Board recommendations (in red) and the Planning Staff and County Management recommendations (in green). Of particular note, staff would like to make the following comments in regards to the attached edits: - Staff recommends using language that is consistent with New Hanover County Shore Protection Coordinator efforts as it relates to beach and inlet maintenance goals and policies. - Staff recommends using language that is consistent with the roles and responsibilities of New Hanover County government and New Hanover County Public Schools as it relates to public education goals and policies. Board of Commissioners - August 17, 2015 ITEM: 26 - Staff recommends participation in the development of state standards as they relate to water quality and the opportunity to advance the adoption and implementation of local best management practices. This is consistent with the Board of Commissioners' Legislative priorities for 2015 which includes "Protect County requirements for land use planning and design regulatory authority ". - Staff recommends considering a program for existing New Hanover County staff to work with the existing NCDENR staff on reviewing existing monitoring site data. This will ensure NHC remains abreast of any Non - Attainment status designation. Staff will place a resolution on the Board's September 14, 2015 agenda to adopt Chapter 3: Framing the Policy which will be included in the final version of the comprehensive plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Enhance and add recreational, cultural and enrichment amenities • Build and maintain infrastructure • Innovate programs to protect the environment • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Open public hearing, hear staff presentation, hear public comments, take staff presentation and public comments under advisement, and direct staff to prepare for Board action on September 14, 2015. ATTACHMENTS: Script County Manager Email Memo Co Comm Memo CAC Goals - Planning Board Recommendations -Staff Recommendations Chapter 3: Framing the Policy COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Open public hearing, hear staff presentation, hear public comments, take staff presentation and public comments under advisement, and direct staff to prepare for Board action on September 14, 2015. COMMISSIONERS' ACTIONS: The item was tabled until the September 14, 2015 meeting. Board of Commissioners - August 17, 2015 ITEM: 26 SCRIPT FOR AGENDA ITEM August 17, 2015 Chairman Barfield: We will open the public hearing on Chapter 3: Framing the Policy of the Comprehensive Land Use Plan. Staff will present the plan, which has been developed by a Citizens Advisory Committee appointed by the Board of Commissioners and selected from the theme committees with recommended revisions by the Planning Board and Staff. Is there a motion to open the public hearing? MOTION: SECOND: VOTE: Staff will now present the plan. Is there anyone from the public that wishes to speak on this item? [Receives Public Comments] Is there a motion to close the public hearing? MOTION: SECOND: VOTE: The Board will take comments and staff presentation under advisement. Staff is directed to prepare the plan for Board action on September 14, 2015. Board of Commissioners - August 17, 2015 ITEM: 26- 1 - 1 From: Coudriet, Chris Sent: Tuesday, July 28, 2015 3:56 PM To: County Commissioners Cc: Executive Leadership Team; O'Keefe, Chris; Rigby, Jennifer Subject: Chapter 3: NHC Comprehensive Plan Importance: High For Your Consideration Commissioners: Planning staff will present Chapter 3 of the New Hanover County Comprehensive Plan and ask the board to consider adopting the chapter at that meeting, August 17, 2015, or perhaps September 14, 2015 so that you have 2 meetings to hear and consider the policies. Development by the Citizen Advisory Committee, of which you authorized and appointed six of the 12 members, and hearing with suggested recommendations by the planning board, make your consideration possible. This follows along with the very plan presented to you by planning staff about 1 year ago. Attached for your consideration prior to August 17 are two files prepared by Jennifer Rigby, the county's long range planner. These files will also appear in your agenda package when we publish the agenda in August. Of first priority, is a staff summary from the planning staff to me, which is titled "Chapter 3 ..." that outlines actions by the advisory committee and the planning board to include staff's recommendation to the board regarding all prior- action of both bodies. For second review is a copy of the recommended goals, which is titled "CAC Goals ..." and outlines the language approved by the CAC, language and modifications approved by the planning board, and tweaking offered by the staff in response to the CAC and planning board's respective positions. Jennifer did make the CAC and the planning board aware of the staff summary memo and the goals language to close the loop between the 2 bodies. The second file, specifically, is what the county planners and the county administration are prepared to present/recommend to the board August 17. I'm far from the expert on the process, but I do know clearly why the language and policies shifted as they did over the course of the work. I know how we got to where are today, and I fully support the recommendation that is set to come forward. If you have any questions leading up to the agenda review and board meeting, please do not hesitate to contact Chris O'Keefe, Jennifer Rigby, or me. We look forward to the chance to discuss this with each of you. Regards, Chris C. Chris Coudriet I County Manager County Manager I New Hanover County 230 Government Center Drive, Suite 195 Wilmington, NC 28403 (910) 798 -7186 p 1 (910) 798 -7277 f Board of Commissioners - August 17, 2015 ITEM: 26- 2 - 1 To: From Date: Re: IIV. ISH NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT Chris O'Keefe, AICP Planning & Inspections Director Chris Coudriet 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798 -7165 PAX (910) 798 -7053 Dennis Bordeaux Inspections Manager Jennifer Rigby, AICP July 22, 2015 Plan NHC: Chapter 3 "Framing the Policy" Ken Vafier, AICP Planning Manager At the June 2015 New Hanover County Planning Board meeting, staff presented to the Planning Board the third chapter of Plan NHC, "Framing the Policy ". This chapter outlines the work of over 160 individual citizens and 12 members of a Citizens Advisory Committee appointed by the Board of Commissioners and selected from the theme committees. Chapter 3 culminates into broad and aspirational goals for the future of New Hanover County and potential implementation strategies to achieve these goals. It was approved by the Citizen Advisory Committee with the following language: While total agreement was not reached on all goals and strategies, overall consensus was achieved and the diversity of the committee provided broad county -wide representation and input to the staff and consultant. The committee encourages New Hanover County to use the goals and implementation strategies offered in this report in the development of the 2015 Comprehensive Land Use Plan for New Hanover County. In order to maintain a transparent process and engage as many New Hanover County citizens as possible, staff presented Chapter 3, "Framing the Policy" to the Planning Board at a public hearing in June. At this time, Planning Board members identified four areas for further consideration and asked staff to compile edits from board members so they could be presented at the July Planning Board meeting. Staff worked with Planning Board members to gather all comments and suggestions and incorporate them into the Citizen's Advisory Committee document. At the July Planning Board meeting, the Board unanimously approved the suggested edits to the document. In coordination with New Hanover County Management, Planning Staff made recommendations to the Planning Board edits. These edits are intended to represent the conversations of the theme committees, the Citizen Advisory Committee, the Planning Board, and strategies previously determined by the Board of Commissioners. Of particular note, staff would like to make the following comments in regards to the attached edits: • Staff recommends using language that is consistent with New Hanover County Shore Protection Coordinator efforts. Board of Commissioners - August 17, 2015 ITEM: 26- 3 - 1 • Staff recommends using language that is consistent with the roles and responsibilities of New Hanover County government and New Hanover County Public Schools. Staff recommends participation in the development of state standards as they relate to water quality and the opportunity to advance the adoption and implementation of local best management practices. This is consistent with the Board of Commissioner's Legislative priorities for 2015 which includes "Protect County requirements for land use planning and design regulatory authority ". Staff recommends considering a program for existing New Hanover County staff to work with the existing NCDENR staff on reviewing existing monitoring site data. This will ensure NHC remains abreast of any Non - Attainment status designation. Staff appreciates the opportunity to work with the many citizens and stakeholders of New Hanover County and believe the proposed edits reflect the spirit and intent of our community. Should you have any questions, please contact me at 798 -7237. Board of Commissioners - August 17, 2015 ITEM: 26- 3 - 2 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language PLAN NHC CHARTING THE COURSE PLAN NHC GOALS AND IMPLEMENTATION STRATEGIES • Promote environmentally responsible growth. Explanation: Where and how growth occurs can have an impact on environmental resources. Responsible growth includes strategies to encourage the desired levels of new growth, while minimizing negative impacts on natural resources. Implementation Strategies: ✓ Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. ✓ Adopt and implement a green infrastructure plan that identifies a network of natural lands and open spaces and provides ecosystem conservation as well as alternative transportation modes through trails and greenways. ✓ Partner with regional governmental agencies and nongovernmental organizations to acquire and protect environmentally sensitive land (eg. Establish a regional land bank.) ✓ Strengthen and direct development toward existing communities through encouraging infill and redevelopment. • Promote fiscally responsible growth. Explanation: There is a cost to the tax payer to provide services and infrastructure for growth. Appropriate growth patterns can help to achieve efficient provisions of services and equitable distribution of costs between the public and private sector. Implementation Strategies: ✓ Coordinate infrastructure from a regional perspective including water, sewer, and transportation. ✓ Regional coordination of educational facilities such as community colleges and workforce training as they support targeted industries. ✓ Encourage infill development on vacant or blighted pieces of existing communities by providing incentives such as grants, but not limited to; density bonuses, and/or a reduction of parking requirements and /or setbacks. Page 1 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 1 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language ✓ Encourage the redevelopment of single uses into mixed -use developments where appropriate. ✓ Encourage redevelopment of aging corridors to support and strengthen adjacent neighborhoods. ✓ Encourage development where existing infrastructure is available. • Increase recycling and reduction of solid waste. Explanation: Solid waste management and recycling are ways to positively affect our community and a focus on diverting waste can help eliminate constraints of future development. Implementation Strategies: ✓ Work with private sector and other regional jurisdictions to implement a countywide recycling program including construction demolition debris and consumer product packaging material. ✓ Work with private sector entities to identify recycling and other innovative strategies to divert material from the landfill. (Composting, gasification, anaerobic digestion, etc.) ✓ Encourage adaptive reuse of buildings to limit construction and demolition waste production. ✓ Encourage consumer based responsibilities for waste reduction, recycling, and reuse. • Increase public safety by reducing crime through the built environment. Explanation: New growth and community investments can use design features to reduce crime in areas. Implementation Strategies: ✓ Encourage best practices and design strategies in the built environment to help reduce crime. ✓ Encourage a walkable community that creates more human interaction between neighbors (eyes on the street/ social space). • Conserve open space for long term agricultural and rural uses Explanation: Agricultural lands provide opportunities for economic development by creating locally sourced foods. These lands can contribute to the overall rural character, where appropriate, in locations throughout the county. Page 2 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 2 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language Implementation Strategies: ✓ Allow developments to have urban farms to satisfy open space requirements. ✓ Encourage voluntary preservation of agriculture land. • Conserve environmentally critical areas Explanation: Environmentally critical areas have a meaningful place in our community providing opportunities for outdoor recreation, supporting healthy watersheds and maintaining critical habitats. Implementation Strategies: ✓ Partner with governmental and nongovernmental organizations to acquire and protect environmentally sensitive land. ✓ Discourage development in wetlands, flood plain, and other flood prone areas. ✓ Educate the public on the value of protecting ecosystems. • Integrate multi -modal transportation into mixed land uses that encourage safe, walkable communities Explanation: A mixture of land uses allows for individuals to perform daily tasks without the use of an automobile. Incorporating walking, cycling, and transit into the built environment increases the accessibility and safety of these areas. Implementation Strategies: ✓ Review existing design standards and apply best practices to ensure transportation infrastructure is safe for all multimodal users. ✓ Educate and promote all users to safely share the transportation infrastructure. ✓ Work with school district and DOT to allow and encourage students to walk to school safely. ✓ Review existing parking lot design standards to determine if changes are needed to encourage safety for all users. ✓ Encourage provision of transit supportive land uses and infrastructure where appropriate. Page 3 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 3 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language • Increase physical activity and promote healthy, active lifestyles Explanation: Our built environment has the ability to encourage active life styles, which directly affects individuals' health. Creating development patterns that support walking and biking encourages people to increase their level of physical activity. Implementation Strategies: ✓ Encourage a mixture of uses in developments that allows individuals to walk rather than rely upon vehicles. ✓ Encourage siting of schools into the community allowing for students to walk, while considering traffic impacts. ✓ Connect walkways, parking lots, greenways, and developments to encourage pedestrian activity. • Increase access to affordable and convenient healthy foods. Explanation: Providing access to healthy foods has a direct impact on individuals' health. Ensuring the built environment encourages access to healthy foods increases the likelihood individuals will consume them and improve health outcomes. Implementation Strategies: ✓ Ensure zoning and land use regulations encourage and allow for community gardens and urban agriculture. ✓ Build on health gaps analysis report, target strategies to promote location of farmers markets, grocery stores, and other venues that have healthy food offerings. • Provide for a range of housing types, opportunities and choices. Explanation: Understanding New Hanover County is comprised of a diverse group of individuals with a diverse group of needs in housing helps to ensure individuals do not become overburdened with the costs or availability of housing. Implementation Strategies: ✓ Enhance and update incentives to reduce development costs to private developers such as density bonuses when work force housing is included in development proposals. ✓ Consider creating an affordable housing task force (like the City of Wilmington) to define affordability and work with private sector to provide it. Page 4 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 4 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language ✓ Strategically work with developers experienced in providing affordable and subsidized housing through federal and state programs and locate affordable housing developments in areas of highest need. a Revitalize commercial corridors and blighted areas through infill and redevelopment Explanation: Areas of blight consist of underutilized properties within our community that likely have access to services such as water and sewer. Reducing regulatory barriers to redevelop underutilized property helps to provide for responsible growth strengthening existing neighborhoods and supporting economic revitalization. Implementation Strategies: ✓ Implement a program to identify and dispose of vacant or abandoned buildings that cannot be redeveloped ✓ Facilitate programs to encourage reuse, rehabilitation, and redevelopment of existing residential, commercial, industrial buildings and properties where appropriate. • Link major natural habitats Explanation: Linking natural habitats promotes biodiversity, provides continuity for wildlife corridors, access to open spaces and recreational opportunities. Implementation Strategies: ✓ Identify and prioritize natural areas for acquisition, preservation, and conservation to promote linkage opportunities. ✓ Consider developing a conservation land acquisition strategy. ✓ Review and update incentives for development to dedicate land and or easements to achieve habitat linkages. • Conserve and enhance our unique sense of place to attract individuals, companies and organizations. Explanation: New Hanover County has a strong sense of place due to its history and natural environment with many unique features. Using these features to create a sense of identity and pride encourages businesses and individuals to locate in New Hanover County. Page 5 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 5 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language Implementation Strategies: ✓ Focus on public spaces and opportunities for formal and informal social gathering places. Increase, enhance, and manage public access to water and natural resources. ✓ Consider creating a strong place -based economic development strategy. ✓ Make a case for sustainable funding sources to improve the County's economic development infrastructure and identify opportunities to leverage the funds effectively. ✓ Encourage conservation and enhancement of the unique environment, character and history of the county. • Use public infrastructure improvements to leverage private investments Explanation: Infrastructure is an expensive investment for a community. Where, how and when infrastructure investments are made has a significant influence on where private investments will likely be made. Making infrastructure investments in areas where growth is desired and positive financial returns allow the community to capitalize on its public investments. Implementation Strategies: ✓ Work with CFPUA on a targeted long range plan for water and sewer infrastructure. ✓ Work with MPO on a targeted long range plan for transportation infrastructure. ✓ Consider revising zoning ordinances to support mixed uses and holistic approach to development. ✓ Consider strategies to encourage increased private sector investment in the provision of infrastructure. • Support business success. Explanation: Local and small businesses are a vibrant part of New Hanover County's economy. Working together to create successful businesses can significantly benefit New Hanover County's economy. In addition to incentives for large businesses, support for local and small businesses may include strategies to ensure there are adequate locations for start -ups and programs to kick -start small businesses. Implementation Strategies: ✓ Streamline permitting process for targeted industries. ✓ Advocate for and develop realistic and sustainable incentive policies for New Hanover County. ✓ Align county zoning ordinance to encourage targeted businesses in appropriate areas. Page 6 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 6 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language ✓ Increase communications with small businesses by creating a resources link on the county webpage for new businesses and a staff culture to shepherd new businesses through the development process. ✓ Support provisions for providing public free, high -speed internet access throughout New Hanover County. • Support health promotion and disease prevention while minimizing debilitating effects of mental and physical disabilities. Explanation: Understanding the built environment and community policies can have a direct impact on physical and mental disabilities through location of services, integrated land uses, and sensitivity to the disabled population. Implementation Strategies: ✓ Encourage public spaces and health related facilities (Gyms, pharmacies, physician offices, etc.) to be smoke free. ✓ Promote awareness of physical and mental disabilities and disease prevention. • Support workforce development and economic prosperity for all. Explanation: The workforce of a community is a valuable tool for economic development. Providing a place -based economic development strategy that attracts quality workforce talent and provides opportunities to train our existing workforce is a strategy to retain and attract businesses and companies to New Hanover County. Implementation Strategies: ✓ Partner with educational facilities to provide opportunities for training in targeted industries. ✓ Continue to enhance education program, facilities, and offerings. Page 7 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 7 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language Suggested Additions and Changes: • Promote place -based economic development in the region that is tied to our natural resources Explanation: The Cape Fear region is naturally bio diverse and home to many unique species. This unique feature of our community can be used as a way to promote and encourage economic development. Implementation Strategies: ✓ Create and promote a network of greenways, blueways, and trails highlighting environmental assets. ✓ Coordinate and partner with various agencies to develop future public water access points. ✓ Revitalize waterfront parks and public spaces to encourage opportunities for formal and informal social gatherings. ✓ Preserve, conserve boaGhes, in?:;ts, waterways, and/or maintain coastal infrastructure features including natural and man-made; which are critical to our quality of life, teffism economy, and coastal environment. • Actively promote divers high quality educational and diverse cultural opportunities for New Hanover County residents and visitors. Explanation: 4 Rauh=t„dP ^r- educational and eultu�-�i�tjticns t>,r:v =4�tl xTPx=, rp: ^ Ar tea., �z ... ...r County that dir- W." reirl'g: es the quality of life of rs sidcnts -and visits al The future work force of New Hanover County requires high quality education and diverse opportunities to sustain the economic vitality of our community and enrich the lives of current and future residents. ✓ Work with New Hanover County Public Schools as well as community stakeholders and institutions to pFevid support high quality pre -K, primary and secondary educational opportunities and fkilitios to meet current and future needs of County residents. Vartn Pr ciit1j c TI�C `, C_ 7FC_ Cpnd et7 : 3er 6e,_i Ugj y u-te- r eyid o �,,,. (` �T dig 6r- si�ducation-al roGr- oafional, �d 6i4ltra��4Unjti -_'u };w ')A County �iti °P'r� an,� ��;�;t ^rte. Fonn diverse partnerships to maximize utilization and improve access to recreational and cultural opportunities and assets for New Hanover County residents and visitors. ✓ Partner with New Hanover County Schools, UNCW, CFCC and economic development stakeholders to develop and promote educational programs that Page 8 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 8 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language support the full range of skill sets employers need and target specific economic development opportunities within New Hanover County. • Preserve and Protect water quality and supply. Explanation: NHC is located on the coast and therefore, is subject to many concerns regarding water supply and quality. Accommodating more growth in our region will require more strategies to conserve water resources and preserve water quality. Implementation Strategies: ✓ Continue to enhance a regional water quality program to include ocean, river and estuarine water quality monitoring in cooperation with UNCW and others. ✓ Continue to identify watershed specific indicators of water quality degradation, establish baseline measures, and establish watershed development practices to achieve goals. ✓ Consider establishing water quality improvement goals for the County in cooperation with others. ✓ Identify and prioritize water quality improvement projects, including wetland and stream restorations, which will improve water quality ✓ Identify and pursue funding sources for priority projects ✓ Explore the value and benefits of reestablishing the Watershed Management Advisory Board. ✓ Continue to develop drainage systems and design standards that reflect the natural carrying capacity of the watershed. ✓ Continue to participate in the development of state develop standards and advance the adoption and implementation of local best management practices to ensure the retention, acquisition and management of natural vegetation and riparian buffers to preserve, maintain and protect water quality. ✓ Continue to participate in the development of statewide regulation of M&UPdate subdivision design standards and advance the adoption and implementation of local best management practices to protect and improve water quality in sensitive areas. ✓ Continue to develop and update educational and other strategies to deal with point and non -point source impacts on water quality re silt €nt I'A'!±b The lwigot P±� P P-t] Oc nqzal�s and rr gu atienc ✓ Identify, evaluate, and prioritize an inventory of retrofit opportunities to reduce water quality impacts from stormwater runoff on receiving waters. ✓ Identify water specific sources of pollutants to help direct protection and improvement measures. ✓ Promote expansion of water and sewer system to protect and enhance water quality. ✓ Consider establishing a groundwater and aquifer protection ordinance. Page 9 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 9 Text in black represents Citizen Advisory Committee language Text in Red represents Planning Board language Text in Green represents Planning Staff and County Management language ✓ Consider removing barriers in codes /ordinances that hinder and prohibit low impact development. • Ensure NHC remains in attainment for air quality, in support of clean air and improved public health outcomes in support of continued growth. Explanation: The EPA places requirements on communities with regards to air quality to protect human health. The built environment has a direct relation to air quality. Protecting our air quality supports public health and enables our community to retain and attract quality development and industries. Implementation Strategies- Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. ✓ Encourage development patterns and neighborhood street designs that are conductive to pedestrian and bicycle use. ✓ Discourage open burning of yard waste and trash in densely populated areas. air- quality and a#a:ifHnei+t-. ✓ Consider a program for NHC staff to work with NCDENR to review air quality monitoring site data and stay abreast of current and proposed Clean Air Act requirements that could affect the Non - Attainment status of New Hanover County. Page 10 Board of Commissioners - August 17, 2015 ITEM: 26- 4 - 10 NEW HANOVER COUNTY COMPREHENSIVE PLAN CHAPTER 3: FRAMING THE POLICY DRAFT-1 SeT.. s S " x a . 04 .., Cy F'i CONTENTS: 5 ty The Livable Built Environment Harmony with Nature Interwoven Equity Resilient Economy Healthy Community Responsible Regionalism b t ,mss+ j �a_..� T''a• }� a...d+t - 4 `.r � ,�7 ���, '�'�+ -. .%..tip � � -1 - �'-• ":.ia— '� - ' t.. Board of ,August 17,,2015 ITEM: 26- 5 - 1 y , DRAFT As New Hanover County charts the course for the future, it is critical to create aspirational goals and implementation strategies to guide future development. These goals and implementation strategies will assist in guiding development for the next twenty five years. New Hanover County was one of ten communities Ed selected by the American Planning Association as a pilot ` role community to create comprehensive plan standards for sustaining places. By participating in this capacity, County Planning was able to use best management practices from Ea ! 4M ,L across the county to create a format by which goals and implementation strategies were created. The American Planning Association created six principles that each comprehensive plan should include. These principles included topics comprehensive plans have not always addressed, but acknowledges that the way our community responds and shapes development has a direct correlation to these planning principles. Staff created an opportunity for our community to hold conversations based on these six topical areas in an effort to include them in the overarching vision for the future of New Hanover County. Six theme committees were formed to explore the following areas: • The Livable Built Environment • Harmony with Nature • Interwoven Equity • Resilient Economy • Healthy Community • Responsible Regionalism Each of these committees, called theme committees, were led by citizen members. Staff reached out to the community to encourage all interested citizens to participate in these conversations about the future of New Hanover County. Additionally, staff targeted groups or organizations that had specific expertise on areas that would be relevant to each theme committee. New Hanover County staff members were also encouraged to participate and aid in facilitation of each theme committee. The general intent and spirit was that everyone was welcome, no one would be turned away from a meeting, and all perspectives would be respected discussions in conversations. Each theme committee met four times to discuss the issues within the community, best management practices, and ways in which New Hanover County can appropriately address these topics. Meetings were held at the New Hanover County Government Center from the hours of 11 am to 1 pm. A light and healthy lunch was provided by our sponsor, Clean Eatz during these meetings. Below is an indepth into each of the theme committees, the purpose, the discussion, and the recommendations from our citizens. ti,;a; DRAFT Renewable Resources in New Hanover County, North Carolina According to David Godschalk, FAICP, with the American Planning Association, "the Livable Built Environment seeks to ensure that all elements of the built environment, including land use, transportation, housing, energy, and infrastructure work together to provide sustainable places for living, working, and recreation, to produce a high quality of life ".* The Livable Built Environment Theme committee was facilitated by New Hanover County Planning staff members Ken Vafier, Sam Burgess, and Karyn Crichton. This group discussed seven main issues at the first meeting: open space, mixed use development, industry and commerce, infrastructure, conservation of resources, building and design standards, and methods for financing infrastructure. These conversations and discussions developed further over three additional meetings into a framework for the future. The Framework document with supporting and detailed information is included at the end of this section; however, the recommendations included: • Preserve open space and agricultural land. • Integrate multi -modal transportation into mixed land uses that encourage safe, walkable communities. • Create a mix of housing types to promote diversity and strengthen existing residential areas. • Encourage sustainable development. • Invest in community infrastructure. • Revitalize commercial corridors. F i k F A � HARMONY WITH NATURE The Harmony with Nature theme committee was facilitated by New Hanover County Parks and Gardens staff Matt Collogan and Jodi Dellinger. According to the American Planning Association, "Harmony with Nature seeks to ensure the contributions of natural resources to human well -being are explicitly recognized and valued, and maintenance of natural resources health is a primary objective ".* The Harmony with Nature theme committee discussed five major areas at the first meetings. These included linking major habitats, promoting the region through natural resources, water access and quality, air quality, and solid waste and recycling. These issues were further refined through three subsequent meetings and recommendations were formally included in the Harmony with Nature Framework. The recommendations for the Harmony with Nature theme committee included: • Promote sustainable growth and green infrastructure. • Improve solid waste management and recycling. • Preserve open space, farmland, and natural beauty, and address critical environmental areas, such as those prone to flooding. • Link major habitats. • Promote the region through natural resources. • Address concerns related to water supply, quality, and conservation issues. • Promote air quality and renewable energy. • Encourage sustainable growth and green infrastructure. The Interwoven Equity theme committee was facilitated by Planning staff member, Wanda Coston and Legal staff member, Sharon Huffman. This theme committee "sought to ensure fairness and equity in providing for the housing, services, health, safety, and livelihood needs of all its citizens and groups ".* The Interwoven Equity theme committee began discussions surrounding the topics of: a range of housing types, jobs and housing balance, disadvantaged neighborhoods, services and health care for minority and low income individuals, infrastructure upgrades in older neighborhoods, workforce development, protecting vulnerable neighborhoods from natural disasters, and promoting environmental justice. These conversations evolved over four meetings and were organized into an information framework. The recommendations were: • Provide a range of housing types, opportunities and choices. • Increase workforce housing and workforce development. • Upgrade housing development with the installation of new infrastructure and existing infrastructure. • Strengthen neighborhoods through redevelopment of blighted areas and ensure environmental equity. • Create opportunities for health care and services to distribute widely throughout the community in an effort to reach all New Hanover County citizens equitably. • Environmental justice grants and initiatives provide underserved communities with a voice in land use equity. DRAFT The Resilient Economy theme committee was facilitated by New Hanover County Policy and Strategy Manager, Beth Schrader. According to the American Planning Association, a Resilient Economy "ensures the community is prepared to deal with both positive and negative changes in its economic health and to initiate sustainable urban development and redevelopment strategies that foster business growth through technology and innovation and build reliance on local assets. "* Much of the discussion in the Resilient Economy theme committee was complimentary to the Pathways to Prosperity project by Jay Garner. This project identified target industries and ways in which New Hanover County can attract these industries. Additionally, the committee held conversations regarding the four recommendations outlined in the Framework: • Encourage redevelopment and infill development for commercial corridors through a balance of uses. • Create unique and special places that attract individuals and companies by creating a sense of place. • Use public improvements to leverage private development and look for win -win opportunities that focus on common interests. • Support local and small business success and workforce development. HEALTHY COMMUNITY The Healthy Community theme committee was facilitated by Parks and Garden's staff Tara Duckworth, Janine Powell, and Health Department staff Joshua Swift. The Healthy Community theme committee's conversations were about ensuring "public health needs are recognized and addressed through provision for healthy foods, physical activity, access to recreation, health care, environmental justice and safe neighborhoods ".* Creating a healthy community was the central theme of this committee's conversations. The conversations evolved into the following recommendations as outlined in the framework: • Increase physical activity and promote healthy, active lifestyles. • Promote disease prevention and mental health awareness. • Increase access to affordable and convenient healthy foods. DRAFT � RESPONSIBLE REGIONALISM The Responsible Regionalism theme committee was facilitated by Planning staff Ben Andrea, and Chris O'Keefe. This theme committee was tasked with ensuing that all local proposals account for, connect with, and support the plans of adjacent jurisdictions and the surrounding region.* The Responsible Regionalism theme committee held discussions regarding a regional approach to housing development, economic development, transportation and management and environmental management. The conversations continued over four meetings and concluded with the following draft policies: • Utilize a regional approach to housing development. • Create a regional approach to economic development. • Promote a regional approach to transportation and management. * Godshalk, David FAICP, "What Makes a Good Comprehensive Plan?" The Commissioner, Fall 2013. The culmination of these theme committees was presented to the public on August 12, 2014. Approximately 161 individuals participated in these conversations about the future of New Hanover County and contributed more than 800 hours of volunteer time to this effort. This represents a significant amount of thought, creativity, and energy toward a better future for New Hanover County. The public meeting on August 12, 2014 was designed to demonstrate to the public the work of the theme committees, identify overarching goals and strategies, encourage feedback, and initiate the next phase of this important process; the responsibility of the Citizen Advisory Committee to refine and organize the theme committees work into the overarching vision for New Hanover County. The Livable Built Environment: Adrienne Garwood Dan Dawson Julia Worth Sherry O'Daniell Alison Russell Dani McKeon Kayne Darrell Stephen Whitney Andy Olonko David Kellam Kenny Bundy Suraiya Rashid Bob Barden Don Harris Lynn McIntyre Tamara Murphy Bob Hammond Donald Thackston Maggie O'Conner Thomas Congleton Bobby Chappell Duane Truscott Meg Young Tom Gale Brian Chambers Eddie Anderson Meredith Jackson Tom West Charles Elam Gary McSmith Mike McGill Tyler Newman Charlotte Buckley HarryTuchmayer Paul D'Angelo Jane Steigerweld Chris Johnson Jim Herstine Phil LaMotte Karen Dunn A special thank you to Karen Dunn who represented the Livable Built Environment on the Citizen Advisory Committee. Barbara Rowe Dani McKeon Dave Silvia Shane Johnson Julia Worth Kenny Bundy Lara Berkley Heather Caveny Roger Shew Ryan McAlister Joe Suleyman Jared Taylor Maggie O'Connor Scott Whitham Cary Paynter David Kellam Don Ellson Kayne Darrell Earla Pope Gus Simmons Sherry O'Daniell Scott Johnson Tyler Newman Gary McSmith David Todd Debbie Elliott Charley Winterbauer Melanie Doyle Meg Young Jodi Dellenger Kat Pohlman Phil Prete Bobby Chappell Matt Collogan Randall Johnson Nancy Jones Zachary Keith Angela Faison John Taggart Julie Hurley A special thank you to Earla Pope for representing the Harmony with Nature theme committee on the Citizen Advisory Committee. Interwoven Equity Phil Lamotte Atiba Johnson Shane Johnson Terri Burhans Laura McCabe Katrina Knight Roger Kelley Wanda Coston Rob Zapple Chris McNamee Joshua Swift Sharon Huffman JC Skane Suzanne Rogers Gail Ginsberg Andrea Tarantino Vivian S. Wilson Mechelle Estes Steve Spain Angela Faison Kenny Bundy Althea Johnson Dani McKeon Karen Dunn Mary Canel Dan Ferrell Jenny Biddle Gary McSmith Tanya Gurganious Frankie Roberts Phil Prete Jessica Gray Regina Penna Stan Turner Meg Young John Edge Tyler Newman Gloria Garton A special thank you to Frankie Roberts for representing the Interwoven Equity theme committee on the Citizen Advisory Committee. Will Purvis Steve Kohler Tyler Newman Karen Dunn Jeremy Tomlinson Dave Spetrino Bob Warwick Kellin Dougherty Chuck Kuebler Jessica Gray Jim Morton Ashley Daniels Meg Young Justin Murphy Kim Hufham Priss Endo Rob Zapple Gary McSmith Terri Burhans Christine Hughes Bobby Chappell Connie Majure -Rhett Al Sharp Xavier Butler Adrienne Cox Mike McGill Miles Murphy A special thank you to Jessica Gray who represented the Resilient Economy theme committee on the Citizen Advisory Committee. Healthy Community Dani McKeon Erin Fritz Mark Briggs David Howard Kenny Bundy Meg Young Sharon Boyd Paige Owens Eric Blaesing Schorr Davis Kristy Hubard Dalia Nir Bob Barden Tom Lamont Travis Greer Latanya Howard Doug Carriker Craig Johnson Christina Bauman Wes MacLeod Shahnee Haire Perry Shaw Everardo Morales Christine Hughes Linda Reece Sara Burroughs Jane Steigerwald Angelia Clinton Jean Murtagh Steve Kohler Miles Murphy Joshua Swift Janine Powell Karen Dunn Jessica Gray Gary McSmith Daivd Kellam Kayne Darrell A special thank you to Dani McKeon for representing the Healthy Community theme committee on the Citizen Advisory Committee. am Responsible Regionalism 41 Bill Jayne Brianna Grella Stephanie Ayers Kellin Dougherty JC Skayne Mitch Lamm Gary Broughton Karen Dunn Dani McKeon Bruce Holsten Shane Johnson Jessica Gray Selah Hebbard Hal Kitchin Brian Chambers Miles Murphy Al Sharp Ben Andrea David Kellam Albert Corbet Kenny Bundy Christine Hughes Phil Prete Xavier Butler Meg Young Tyler Newman Dan Dawson Karen Sagett Suraiya Rashid Gary McSmith A special thank you to Bruce Holsten for representing the Responsible Regionalism theme committee on the Citizen Advisory Committee. a DRAFT As presented in Chapter 1, the Public Engagement Plan, the Citizen Advisory Committee was comprised of 12 individuals; six individuals appointed by the New Hanover County Board of Commissioners, and one individual selected from each theme committee to represent the work of that committee. The purpose of the Citizen Advisory Committee was to review and study the work of the theme committees and further refine the framework into attainable and actionable goals and implementation strategies for the comprehensive plan. The committee was designed to be representative of the county's diverse community. The group proved to be an excellent representation of our community and offered great conversation and deliberation about the future of New Hanover County. The first Citizen Advisory Committee was designed to introduce all individuals to each other, offer individuals the opportunity to present their goals and intent and an opportunity for each Citizen Advisory Committee member representing a theme committee to informally present the intent and conversations held in the theme committees. s The second Citizen Advisory Committee was organized f to gather input from members on the theme committee goals and how to implement these goals. Citizen Advisory Committee members first determined that decisions would be made by a majority instead of unanimously. Additionally, Citizen Advisory Committee members decided to govern themselves with the following guidelines: to start and end meetings on time, all members would participate respectfully, agendas would be sent to members one week ahead of meetings, and members would conduct research and read materials in preparation of all meetings. Citizen Advisory Committee members were then presented with 20 goals on boards and asked to indicate if they supported the goal, if the goal should be implemented by incentives or requirements, if the goal was appropriate for all of New Hanover County or a portion of New Hanover County, and suggestions for implementing the goal. Staff compiled the Citizen Advisory Committee's feedback and worked with Renaissance Planning group to develop implementation strategies �4 according to the feedback. This information was sent to Citizen Advisory Committee members in ` a survey format for representatives to indicate if they supported, did not support or needed additional information about implementation # strategies. Additionally, Citizen Advisory Committee members were encouraged to provide comments and recommended strategies for consideration. As determined by the group, the implementation strategies receiving a simple majority were moved forward and strategies that received feedback requesting additional information were presented at the following meeting. The following goals and implementation strategies were noted as needing additional information: DRAFT 1 • Increase recycling and reduction of solid waste in the development process. • Conserve open space for long term agriculture and rural areas. • Increase access to affordable and convenient healthy foods. • Provide a range of housing types, opportunities and choices. • Attract individuals and companies by creating a unique sense of place. • Support local and small business success. At the Citizen Advisory Committee's third meeting, staff presented additional information to the Citizen Advisory Committee on these topics and facilitated a spirited discussion on these topics. Staff presented the Citizen Advisory Committee with an additional survey outlining changes and modifications based off of the conversation at the third meeting. The Citizen Advisory Committee was then able to respond and move a number of additional goals and implementation strategies forward based on a simple majority. The fourth and final meeting of the Citizen Advisory Committee was designed to review the final draft of goals and implementation strategies developed by staff and based on conversations and feedback from the previous meetings. The Citizen Advisory Committee discussed the goals and implementation strategies to refine them such that every member Ito could support the document as a whole. �� . 5,111a It is critical to understand the intent of these goals. The following twenty goals exemplify an interwoven framework of economic, environmental, and social responsibility for New Hanover County. Each goal represents a course of action. Collectively, they steer the County towards prosperity and provide a vision for the future. These goals are not meant to be considered in order of priority. PROMOTE ENVIRONMENTALLY RESPONSIBLE GROWTH. DRAFT Explanation: Where and how growth occurs can have an impact on environmental resources. Responsible growth includes strategies to encourage the desired levels of new growth, while minimizing negative impacts on natural resources. Implementation Strategies: • Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. • Adopt and implement a green infrastructure plan that identifies a network of natural lands and open spaces and provides ecosystem conservation as well as alternative transportation modes through trails and greenways. • Partner with regional governmental agencies and nongovernmental organizations to acquire and protect environmentally sensitive land (eg. Establish a regional land bank). • Strengthen and direct development toward existing communities through encouraging infill and redevelopment. PROMOTE FISCALLY RESPONSIBLE GROWTH. Explanation: There is a cost to the tax payer to provide services and infrastructure for growth. Appropriate growth patterns can help to achieve efficient provisions of services and equitable distribution of costs between the public and private sector. Implementation Strategies: • Coordinate infrastructure from a regional perspective including water, sewer, and transportation. • Regional coordination of educational facilities such as community colleges and workforce training as they support targeted industries. • Encourage infill development on vacant or blighted pieces of existing communities by providing incentives such as grants, but not limited to; density bonuses, and /or a reduction of parking requirements and /or setbacks. • Encourage the redevelopment of single uses into mixed -use developments where appropriate. • Encourage redevelopment of aging corridors to support and strengthen adjacent neighborhoods. • Encourage development where existing infrastructure is available. DRAFT INCREASE RECYCLING AND REDUCTION OF SOLID WASTE. Explanation: Solid waste management and recycling are ways to positively affect our community and a focus on diverting waste can help eliminate constraints of future development. Implementation Strategies: • Work with the private sector and other regional jurisdictions to implement a countywide recycling program including construction demolition debris and consumer product packaging material. • Work with the private sector entities to identify recycling and other innovative strategies to divert material from the landfill (Composting, gasification, anaerobic digestion, etc.). • Encourage adaptive reuse of buildings to limit construction and demolition waste production. • Encourage consumer based responsibilities for waste reduction, recycling, and reuse. INCREASE PUBLIC SAFETY BY REDUCING CRIME THROUGH THE BUILT ENVIRONMENT. Explanation: New growth and community investments can use design features to reduce crime in areas. Implementation Strategies: • Encourage best practices and design strategies in the built environment to help reduce crime. • Encourage a walkable community that creates more human interaction between neighbors (eyes on the street/ social space). CONSERVE OPEN SPACE FOR LONG TERM AGRICULTURAL AND RURAL USES Explanation: Agricultural lands provide opportunities for economic development by creating locally sourced foods. These lands can contribute to the overall rural character, where appropriate, in locations throughout the County. Implementation Strategies: • Allow developments to have urban farms to satisfy open space requirements. • Encourage voluntary preservation of agriculture land. CONSERVE ENVIRONMENTALLY CRITICAL AREAS Explanation: Environmentally critical areas have a meaningful place in our community providing opportunities for outdoor recreation, supporting healthy watersheds, and maintaining critical habitats. Implementation Strategies: • Partner with governmental and nongovernmental organizations to acquire and protect environmentally sensitive land. • Discourage development in wetlands, flood plain, and other flood prone areas. • Educate the public on the value of protecting ecosystems. DRAFT INTEGRATE MULTI -MODAL TRANSPORTATION INTO MIXED LAND USES THAT ENCOURAGE SAFE, WALKABLE COMMUNITIES Explanation: A mixture of land uses allows for individuals to perform daily tasks without the use of an automobile. Incorporating walking, cycling, and transit into the built environment increases the accessibility and safety of these areas. Implementation Strategies: • Review existing design standards and apply best practices to ensure transportation infrastructure is safe for all multimodal users. • Educate and promote all users to safely share the transportation infrastructure. • Work with school district and DOT to allow and encourage students to walk to school safely. • Review existing parking lot design standards to determine if changes are needed to encourage safety for all users. • Encourage provision of transit - supportive land uses and infrastructure where appropriate. PROMOTE PLACE -BASED ECONOMIC DEVELOPMENT IN THE REGION THAT IS TIED TO OUR NATURAL RESOURCES Explanation: The Cape Fear region is naturally bio- diverse and home to many unique species. This unique feature of our community can be used as a way to promote and encourage economic development. Implementation Strategies: • Create and promote a network of greenways, blueways, and trails highlighting environmental assets. • Coordinate and partner with various agencies to develop future public water access points. • Revitalize waterfront parks and public spaces to encourage opportunities for formal and informal social gatherings. PRESERVE AND PROTECT WATER QUALITY AND SUPPLY. Explanation: New Hanover County is located on the coast and therefore, is subject to many concerns regarding water supply and quality. Accommodating more growth in our region will require more strategies to conserve water resources and preserve water quality. j Implementation Strategies: - • Continue to enhance a regional water quality program to include ocean, river, and estuarine water quality monitoring in cooperation with University of North Carolina Wilmington and others. • Continue to identify watershed specific indicators of water quality degradation, establish baseline measures, and establish watershed development practices to achieve goals. • Consider establishing water quality improvement goals for the County in cooperation with others. x _ I I --wavoom DRAFT • Identify and prioritize water quality improvement projects, including wetland and stream restorations, which will improve water quality • Identify and pursue funding sources for priority projects • Explore the value and benefits of reestablishing the Watershed Management Advisory Board. • Continue to develop drainage systems and design standards that reflect the natural carrying capacity of the watershed. • Continue to develop standards to ensure the retention, acquisition, and management of natural vegetation and riparian buffers to preserve, maintain, and protect water quality. • Continue to develop and update subdivision design standards to protect and improve water quality in sensitive areas. • Continue to develop and update educational and other strategies to deal with point and non -point source impacts on water quality. • Identify, evaluate, and prioritize an inventory of retrofit opportunities to reduce water quality impacts from stormwater runoff on receiving waters. • Identify water specific sources of pollutants to help direct protection and improvement measures. • Promote expansion of water and sewer systems to protect and enhance water quality. • Consider establishing a groundwater and aquifer protection ordinance. • Consider removing barriers in codes /ordinances that hinder and prohibit low impact development. INCREASE PHYSICAL ACTIVITY AND PROMOTE HEALTHY, ACTIVE LIFESTYLES Explanation: Our built environment has the ability to encourage active life styles, which directly affects individuals' health. Creating development patterns that support walking and biking encourages people to increase their level of physical activity. Implementation Strategies: • Encourage a mixture of uses in developments that allows individuals to walk rather than rely upon vehicles. • Encourage siting of schools into the community allowing for students to walk, while considering traffic impacts. • Connect walkways, parking lots, greenways, and developments to encourage pedestrian activity. DRAFT 1 ENSURE NHC REMAINS IN ATTAINMENT FOR AIR QUALITY, IN SUPPORT OF CLEAN AIR AND IMPROVED PUBLIC HEALTH OUTCOMES IN SUPPORT OF CONTINUED GROWTH. Explanation: The Environmental Protection Agency places requirements on communities with regards to air quality to protect human health. The built environment has a direct relation to air quality. Protecting our air quality supports public health and enables our community to retain and attract quality development and industries. Implementation Strategies: • Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. • Encourage development patterns and neighborhood street designs that are conductive to pedestrian and bicycle use. • Discourage open burning of yard waste and trash in densely populated areas. • Consider a program to monitor and assess cumulative impacts of toxins and pollutants on air quality and attainment. INCREASE ACCESS TO AFFORDABLE AND CONVENIENT HEALTHY FOODS. Explanation: Providing access to healthy foods has a direct impact on individuals' health. Ensuring the built environment encourages access to healthy foods increases the likelihood individuals will consume them and improve health outcomes. Implementation Strategies: • Ensure zoning and land use regulations encourage and allow for community gardens and urban agriculture. • Build on health gaps analysis report, target strategies to promote location of farmers markets, grocery stores, and other venues that have healthy food offerings. PROVIDE FOR A RANGE OF HOUSING TYPES, OPPORTUNITIES AND CHOICES. Explanation: Understanding New Hanover County is comprised of a diverse group of individuals with a diverse group of needs in housing helps to ensure individuals do not become overburdened with the costs or availability of housing. Implementation Strategies: • Enhance and update incentives to reduce development costs to private developers such as density bonuses when work force housing is included in development proposals. • Consider creating an affordable housing task force (like the City of Wilmington) to define affordability and work with the private sector to provide it. [A P AW t A�ll, .-.A � DRAFT • Strategically work with developers experienced in providing affordable and subsidized housing through federal and state programs and locate affordable housing developments in areas of highest need. REVITALIZE COMMERCIAL CORRIDORS AND BLIGHTED AREAS THROUGH INFILL AND REDEVELOPMENT Explanation: Areas of blight consist of underutilized properties within our community that likely have access to services such as water and sewer. Reducing regulatory barriers to redevelop underutilized property helps to provide for responsible growth, strengthening existing neighborhoods and supporting economic revitalization. Implementation Strategies: • Implement a program to identify and dispose of vacant or abandoned buildings that cannot be redeveloped • Facilitate programs to encourage reuse, rehabilitation, and redevelopment of existing residential, commercial, industrial buildings and properties where appropriate. LINK MAJOR NATURAL HABITATS Explanation: Linking natural habitats promotes biodiversity, provides continuity for wildlife corridors, access to open spaces, and recreational opportunities. Implementation Strategies: • Identify and prioritize natural areas for acquisition, preservation, and conservation to promote linkage opportunities. • Consider developing a conservation land acquisition strategy. • Review and update incentives for development to dedicate land and or easements to achieve habitat linkages. CONSERVEAND ENHANCE OUR UNIQUE SENSE OF PLACE TO ATTRACT INDIVIDUALS, COMPANIES AND ORGANIZATIONS. Explanation: New Hanover County has a strong sense of place due to its history and natural environment with many unique features. Using these features to create a sense of identity and pride encourages businesses and individuals to locate in New Hanover County. Implementation Strategies: • Focus on public spaces and opportunities for formal and informal social gathering places. • Increase, enhance, and manage public access to water and natural resources. • Consider creating a strong place -based economic development strategy. • Make a case for sustainable funding sources to improve the County's economic development infrastructure and identify opportunities to leverage the funds effectively. • Encourage conservation and enhancement of the unique environment, character, and history of the County. USE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO LEVERAGE PRIVATE INVESTMENTS DRAFT Explanation: Infrastructure is an expensive investment for a community. Where, how and when infrastructure investments are made has a significant influence on where private investments will likely be made. Making infrastructure investments in areas where growth is desired and positive financial returns allow the community to capitalize on its public investments. Implementation Strategies: • Work with Cape Fear Public Utilitary Authority (CFPUA) on a targeted long range plan for water and sewer infrastructure. • Work with Wilmington Urban Area Metropolitan Planning Organization (WMPO) on a targeted long range plan for transportation infrastructure. • Consider revising zoning ordinances to support mixed uses and holistic approach to development. • Consider strategies to encourage increased private sector investment in the provision of infrastructure. SUPPORT BUSINESS SUCCESS. Explanation: Local and small businesses are a vibrant part of New Hanover County's economy. Working together to create successful businesses can significantly benefit New Hanover County's economy. In addition to incentives for large businesses, support for local and small businesses may include strategies to ensure there are adequate locations for start -ups and programs to kick -start small businesses. Implementation Strategies: • Streamline permitting process for targeted industries. • Advocate for and develop a realistic and sustainable incentive policies for New Hanover County. • Align County zoning ordinance to encourage targeted businesses in appropriate areas. • Increase communications with small businesses by creating a resources link on the County webpage for new businesses and a staff culture to shepherd new businesses through the development process. • Support provisions for providing public free, high -speed internet access throughout New Hanover County. SUPPORT HEALTH PROMOTION AND DISEASE PREVENTION WHILE MINIMIZING DEBILITATING EFFECTS OF MENTAL AND PHYSICAL DISABILITIES. Explanation: Understanding the built environment and community policies can have a direct impact on physical and mental disabilities through location of services, integrated land uses, and sensitivity to the disabled population. Implementation Strategies: • Encourage public spaces and health related facilities (Gyms, pharmacies, physician offices, etc.) to be smoke free. • Promote awareness of physical and mental disabilities and disease prevention. too ''+: *fR P,,,d DRAFT SUPPORT WORKFORCE DEVELOPMENT AND ECONOMIC PROSPERITY FOR ALL. Explanation: The workforce of a community is a valuable tool for economic development. Providing a place -based economic development strategy that attracts quality workforce talent and provides opportunities to train our existing workforce is a strategy to retain and attract businesses and companies to New Hanover County. Implementation Strategies: • Partner with educational facilities to provide opportunities for training in targeted industries. • Continue to enhance education program, facilities, and offerings. These goals and implementation strategies are the collective work of New Hanover County Planning Staff, the consultant, Renaissance Planning Group and the Citizen Advisory Committee. The Citizen Advisory Committee was composed of 12 members - six members at -large appointed by the County Commission and six members elected by 6 theme groups, which developed the theme goals prior to the initial meetings of the Citizen Advisory Committee. While total agreement was not reached on all goals and strategies, overall consensus was achieved and the diversity of the committee provided broad county -wide representation and input to the staff and the consultant. The committee encourages New Hanover County to use the goals and implementation strategies offered in this report in the development of the 2015 Comprehensive Land Use Plan for New Hanover County. Hank Adams, �(ppointee Jeff Bellows, Appointee Dan Dawson, Appointee Karen Dunn, Livable Built Environment Jessica. Gray, Resilint Economy 1�mJJ6_ _?, ""." - Don Harris, Appointee 4Braceolsten, Responsible Regionalism lx..a..r..� David Kellam, Appointee Dani McKeon, Healthy Community Earla Pope, Harmony with Nature Frankie Roberts, Interwoven Equity Stephanie Smith, Appointee DRAFT These goals are intended to be the overarching vision for development within New Hanover County. As development and implementation of this plan occurs, these goals will be utilized by staff and decision makers to deliberate and interpret the vision of our community. Guiding Documents: It is important to note, many additional studies have been or are in the process of being conducted that focus on specific areas that also help support and achieve the vision of our community. It is intended for future development to support the goals and strategies of the following studies and plans. • Comprehensive Greenways Master Plan • Pathways to Prosperity - The Garner Study • Cape Fear Transportation 2040 • Focus - Cape Fear Regional Framework Plan • Hazard Mitigation Plan • Parks and Gardens Master Plan Because the Comprehensive Plan focuses on the next twenty -five years of New Hanover County, an important part of creating a vision for the future included meeting with students from various parts of the County. Staff met with students who were involved in their school's student council /governments. These students, along with rest of the County's younger population, will be leaders, workforce, taxpayers, and parents during the implementation of the comprehensive plan. Staff discussed the overall goal of the plan and allowed the students to come up with their own ideas and goals for the future. The students then wrote and /or illustrated their ideas. During the months of January, February, and March planning staff visited four elementary schools, one middle school, and one high school. The elementary schools were Castle Hayne, Walter L. Parsley, H.C. Bellamy, and Mary C. Williams. The middle school visited was Emma B. Trask. The high school visited was Isaac Bear Early College. Throughout the visits, staff observed that at each school the students were conscientious about issues both within their area and the outside world. The student focus groups discussed topics along the same lines as those discussed within the adult theme committees. Staff engaged 75 elementary school children through artwork and discussion. The student's artwork ranged from cars which could instantly transport you anywhere, to more sidewalks and bike paths, to environmental concerns and every where in between. Each student had certain ideas that their artwork clearly communicated: Castle Hayne students were mostly focused on environmental protection. They wanted more trees, less waste, more parks and recreation areas, and protection for wildlife and natural resources. ilk y I DRAFT Parsley students saw the need for more transportation and recreation options. Many walked to school and wanted more sidewalks in order to walk and bike to school safely. Bellamy students wanted more options within the built environment near their homes. They drew parks, a zoo, and more mixed use options around the neighborhoods. Mary C. Williams student's artwork focused on environmental concerns surrounding beach conservation, wildlife protection, and planting more trees. Trask Middle School student council participated - in a focus group in which the students listed ideas for the future. Six locations were set up around the classroom with each location representing one of the six principle themes. Students were encouraged to write their ideas on flip charts at each location. Planning Staff spoke with students throughout the process to learn more about their ideas and answer any questions they had. Isaac Bear Early College student government listed goals pertaining to each of the six principle themes. The students wrote their goals under each of the associated themes. During this process, the students discussed positives and negatives that stood out to them about living in New Hanover County and they shared possible solutions. After the goals were discussed, the students then voted for the goals they believed were most important for the future. -C., 'We 4 Isaac Bear Early College Input Health Community • More options for healthcare (3) • Lower healthcare prices (8) • More sports in schools /early colleges (2) • Education - mainly dealing with living healthy (0) • Accessibility to county health programs (i.e. immunizations) (1) • Bike path in Carolina Beach /Kure Beach - conflict with Sunny Point (1) • More walk /bike friendly communities (3) Harmony with Nature • Wildlife preservation (2) • Deforestation Control (0) • Pollution Control (3) • Incorporate plant life into city area - green space (1) DRAFT • Transcendentalism (9) • Nature Appreciation (0) • Community vegetable gardens (3) • Protection of costal habitats (2) • Erosion- especially in Wrightsville Beach and other beach communities (1) Responsible Regionalism • Have a tri- county committee so ideas can be expressed amongst the three (5) • Make one county as prosperous as another (3) • How do city and county governments work together? Will they ever merge? (1) Interwoven Equity • No food deserts (3) • Soup kitchens (3) • Homeless shelters (5) • More transportation hubs (3) • More sidewalks and walkways and bikeways (7) Livable Built Environment • What will happen when the mall goes out of business? What could go in that space? Government offices? (2) • What about the land K -Mart is on? If K -Mart goes out of business, it can be demolished and the land can be repurposed for a larger [early college] school building. (8) • Public transportation- further reaching (1) • Road improvements (0) • More green type buildings (1) Resilient Economy • Draw green industry (1) • What is happening with Titan? (0) • Need more ways to draw productions here (1) • Better job opportunities; this could possibly bring more people/ business to the area (2) • More business internships in high school (4) Young people have alternative perspectives and understandings of the area that differs from adults. They see what affects their lives currently and in the future. They focused on more sidewalks and bike paths to get to school safer, closer parks to walk and bike to from homes, homeless shelters, wildlife conservation, and more trees. Students discussed the future of the County and changes they would like to see in order to stay in the area or come back to in the future. By engaging a range of students from various areas and backgrounds, the staff was able to observe how students perceive the area. The students input allowed staff to gather information that would not only benefit the next generations but also the current ones. Kv a 1�`�,�- '•{t �; ( Tit €S�T�'i�R. 4.14a � .WA — - II kl �'{ R,� d,,� 4W•*�'�o'4,�facR�MY� 1++ } <a . ��- f y- __ IfT S CAI } ? Rl .y .a otrA rT) AL p 0 ME f �f �e R 4 74�* t lir I� r I , N - Y � ,e NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 17, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: New Hanover County Adult Care Home Community Advisory Committee New Hanover County Library Advisory Board Parks Conservancy of New Hanover County, Inc. Board of Directors STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: New Hanover County Adult Care Home Community Advisory Committee New Hanover County Library Advisory Board Parks Conservancy of New Hanover County, Inc. Board of Directors COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County Adult Care Home Community Advisory Committee: Pamela Dismukes was reappointed. New Hanover County Library Advisory Board: Denise Chadurjian and Emile F. Swearingen were reappointed. Jan Brewington was appointed. Board of Commissioners - August 17, 2015 ITEM: 27 Parks Conservancy of New Hanover County, Inc. Board of Directors: Richard E. Lawson was appointed. Board of Commissioners - August 17, 2015 ITEM: 27 COMMITTEE APPOINTMENTS ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Membership: 18 maximum, 13 mandated based on the number of facilities operating in the County Current Members: 16 Vacancies: up to 2 Terms: 3 year term, expiring 8/31/18 ELIGIBLE FOR APPLICANTS: REAPPOINTMENT Pamela Dismukes X Attachments: Committee Information Sheets Application Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 1 NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 (1 member for each permitted facility) The Adult Care Home Administrators may nominate one -third of the members. If possible, one member must be a person involved in the area of mental retardation. A County Commissioner shall be appointed to serve in an ex- officio capacity. Compensation: None, but may be reimbursed for actual expenses. Term of Office: 1 year term initially; 3 year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the wellbeing of residents and encourages community involvement. Statute establishing Committee: N.C.G.S. 131 D -31 Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Cathi Anderson Initial 12/22/14 12/31/15 233 Racine Drive, Unit 92 Wilmington, NC 28403 910 - 228 -3625 (H) 910 - 229 -3625 (C) Pamela Dismukes Initial 8/11/14 8/31/15 4166 Breezewood Dr., Suite #204 Wilmington, NC 28412 910- 465- 4770tLQ/1J Mary K. Busbee First 9/16/13 9/30/16 8402 Emerald Dunes Road Wilmington, NC 28411 910- 686 -2763 Shirley T. Fowler Initial 3/24/14 3/31/15 945 Radnor Road First 3/16/2015 3/31/18 Wilmington, NC 28409 910 - 397 -0987 (H) 910 - 620 -7198 (C) Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 Revised: 7/31/15 Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Fred Gainey Initial 4/20/15 4/30/16 1122 -301 Harbour Drive Wilmington, NC 28401 910 - 620 -8823 (C) 910 - 799 -3533 (W) Juli A. Harvey Initial 5/18/2015 5/31/16 112 Dellwood Drive Wilmington, NC 28405 910 - 599 -8971 (H & C) 910 - 343 -7411 (W) Helen Hepbron Initial 3/16/15 3/31/16 1313 Legacy Lane Wilmington, NC 28411 910 - 686 -4770 (H) 910 - 233 -8288 (C) L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 Second 1217/09 12/31/12 910 - 458 -2584 (H) 910 - 619 -0762 (C) Third 9/16/13 9/30/16 Hillary A. Kenny Initial 5/18/2015 5/31/16 4825 Whitner Drive Wilmington, NC 28412 910- 200 -4108 Cenetta J. Lee Initial 12/22/14 12/31/15 636 Village Park Drive, #302 Wilmington, NC 28405 910 -477 -1864 (C) Lorraine McEvoy Initial 8/14/06 8/31/07 121 Spartan Road First 8/13/07 8/31/10 Wilmington, NC 28405 Second 8/16/10 8/31/13 910 - 784 -9325 (H) Third 9/16/13 9/30/16 Sandra Oglesby Initial 12/18/06 12/31/07 1508 Rock Hill Road First 12/17/07 12/31/10 Castle Hayne, NC 28429 Second 12/20/10 12/31/13 910 - 675 -8040 (H) 910 - 452 -8200 (W) Third 3/24/14 3/31/17 Kristie Pate Initial 5/18/2015 5/31/16 1415 Sherwood Drive Wilmington, NC 28401 910 - 262 -2772 (C) Eddie J. Smith Initial 10/20/14 10/30/15 335 Ashworth Manor Court Wilmington, NC 28412 910 - 431 -2996 (C) Revised: 7/31/15 Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 3 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 3 Revised: 7/31/15 Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Elaine Terrill Initial 5/18/2015 5/31/16 502 Fern Creek Lane Carolina Beach, NC 28428 910 - 644 -4959 (C) Elizabeth Williams Initial 11/17/14 11/30/15 5426 Golden Eagle Court Wilmington, NC 28409 910 - 616 -0079 (C) COG Long Term Care Ombudsman: File: Adult /5.15 Patti Sacchetti, 1480 Harbour Drive, Wilmington, NC 28403 910- 395 -4553 Revised: 7/31/15 Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Adult Home Care Community Advisory Committee Name: Pamela gibe ZlC-txnt.,k E- Mail:pam@teamdismukes.com Home iv a woo Address: 802 -- - -- -- Wilmington 28412 (street) (Zip Code) Mailing Address if different: 4177) (City) (Zip Code) Home Phone: 910-465-809-9- Fax. Cell: Business: Years living in New Hanover County, 42 Male: Female: ✓ Race: white Age: 42 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name no Employer. Medac Urgent Care A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article V1, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Medical Office professional Professional Activities: Volunteer Activities: Lower Cape Fear Republican Women's Club, NC GOP executive committee Why do you wish to serve on this board/committee? To provide input and oversight based on my personal and professional experience in dealing with adult home care issues. Conflict of Interest: If a board member believes halshe has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Safety and services provided for adult home care in New Hanover County are the best they can be. Qualifications forserving: Over 20 years in healthcare, licensed CNA, personal experience of providing adult home care to Mother and ex- husband while living in New Hanover County. Other municipal or county boards/committees on which you are serving: none List three local personal references and phone numbers: 1. John Dismukes 919- 648 -3162 JUL I] Z14 2 Carolyn Justice 910- 620 -3142 H H C WE C c 3. Sam Iberhaim 910 - 233 -1052 Date: 7/11/2014 QAA,u d, ckwr Applications are kept on file for 18 months Signature Ati I understand Mat any board orgmmiftee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - August 17, 2015 ITEM: 27- 1 - 5 COMMITTEE APPOINTMENTS LIBRARY ADVISORY BOARD 3 vacancies - 3 -year terms expiring 8/31/18 APPLICANTS: ELIGIBLE FOR REAPPOINTMENT Jan Brewington Denise Chadurjian X Margaret S. Hickman Katherine Montwieler William E. Oakley Emilie F. Swearingen X Kathryn Waple Attachments: Committee Information Sheets Applications Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 1 NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Number of Members: 12 Term: 3 years Regular Meetings: Third Thursday every month at 2:00 p.m. at the Main Library, 201 Chestnut Street, Wilmington, NC 28401 Statute or cause creating Board: Policy for the Governing and Operation of the Library. Brief on the functions: To develop necessary policies for the efficient and responsive operation of the County's public library system. Also responsible for making recommendations to the County Manager and County Commissioners concerning the operating and capital needs of the library. Board members are expected to actively promote the library's service program; keep abreast with trends in public library development and to work for the continued improvement of library services offered by the County. Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION T. Gwendolyn Grear Brown First 8/20/12 8/31/15 3224 Amber Drive Wilmington, NC 28409 L 910 794 910 620 (C) - -9359 (H) - -4817 Denise Chadurjian Unexpired 8/19/13 8/31/15 409 S. Second Street Wilmington, NC 28403 919 - 218 -7470 (H) (> Amy Damutz Orst 2/16/15 8/31/18 8109 Masonboro Sound Road Wilmington, NC 28409 910 - 392 -7075 (H) 910 - 470 -7075 (C) John F. Gardner III First 4/21/14 8/31/17 1704 N. Lumina Avenue, Unit 60 Wrightsville Beach, NC 28480 910 - 840 -3159 (C) 910 - 815 -2785 (W) Andrew R. Jones Unexpired 3/16/15 8/31/17 4306 Stratton Village Lane Wilmington, NC 28409 910 - 617 -8603 (C) 910 - 763 -3404 (W) John Osinski First 8/15/11 8/31/14 174 Treasure Island Way Second 8/11/14 8/31/17 Wilmington, NC 28411 910 - 686 -2461 (H) 910 - 962 -4271 (W) Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 2 114 NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONT.) Revised: 3/20/2015 Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Harriet Smith First 8/19/13 8/31/16 1732 Signature Place Wilmington, NC 28405 910 - 256 -7980 (H) 704 - 560 -2245 Paul R. Smith First 9/15/14 8/31/17 6801 Buckhurst Court Wilmington, NC 28411 910 - 794 -7153 (H) 910 - 431 -6064 (C) Elizabeth Stanfield First 8/16/10 8/31/13 2910 Park Avenue Second 8/19/13 8/31/16 Wilmington, NC 28403 910 - 762 -5151 (H) 910 - 617 -5151 Emilie F. Swearingen Unexpired 11/18/13 8/31/15 830 Cutter Court Kure Beach, NC 28449 910 - 458 -4430 (H) 910 - 620 -0026 (C) Virginia Teachey, Chairman First 8/16/1 8/31/13 8713 Champion Hills Drive Second 8/19/13 8/31/16 Wilmington, NC 28411 910 - 681 -0320 (H) 910 - 520 -0414 Bradford L. Walker First 8/19/13 8/31/16 306 Apollo Drive Wilmington, NC 28405 910 - 791 -2669 (H) 910 - 620 -5508 (C) 910 - 962 -3718 (W) Director: Harry Tuchmayer File: /Library New Hanover County Library B/C #17 3/15 201 Chestnut Street Wilmington, NC 28401 910 - 798 -6301 (Info) 910 - 798 -6309 (Adm.) 910 - 798 -6321 Revised: 3/20/2015 Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS (4`' 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION ! Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: Library Advisory Board Name: Jan Brewington E- Maii.janinwilmington @gmail.com Home Address. 706 So. 7th St. Wilmington NC 28401 fee (zip Co-337-- Mailing Address if different: (City) (Zip Code) Home Phone: Fax. Cell: 910 -612 -6941 Business: 815 -3731 Years living in New Hanover County: 52 Male: Female: ✓ Race:WHITE Age: 52 (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer. Smart Start of New Hanover County A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation :Coordinator: Parents as Teachers Professional Activities: NC REAL Estate Broker Volunteer Activities: Wilmington Civitans; Board Member Why do you wish to serve on this board/committee? I have been a lifelong library patron and also raised my two sons using the library. I am interested in preserving this for our community Conflict of Interest: If aboard member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Making the library even more accessible and used by families. Qualifications forserving: M.A. Sociology, two years working at the library in the past, familiarity with community resources and possible collaborating agencies. Other municipal or county boards/committees on which you are serving: NA List three local personal references and phone numbers: RECEIVED �. Beth Pancoe 910 - 443 -5381 !l! 2. Margaret Collins 910 - 617 -1154 NO BO 3. Mal Maynard 910 - 442 -1010 Date: 7/15/2015 Signature Applications are kept on file for 18 months I understand that any baRrd or committee appointee mtlbe removed Board of Comm49WMWr§RuAQjNHs't f County Commissioners. Please use reverse side for additional comments ITEM: 27- 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: �- k6 (,( Name: _ Home Address: E-Mail: CCAe -C A CoA,) •`Yt441NV• Mailing Address if different: (City) (Zip Code) Home Phone: q tq,^ at -1 M Fax: Cell: Business: Years living in / New Hanover County: Male: Female: ✓ Race: Ili Age: (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? If yes, name 11.E n Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in Article accordance with Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Professional Activities: Volunteer Activities 5 C MD (" P\Qk OV0 0 m (Ah f q \J A0fWeC r , �>J 1- -34� V AU AI e-e Why do you wish to serve on this boar lcommittee? - � A cxo t✓ C�S� C� `� t n 1`O \ (� M1 A Ck wo(V- u'\A n C\iNcum, fie., -7 @ Conflict of interest If aboard mdalber believes he/she has a con t or potential conflict of interest on a par0cular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest either director indirect, in the issue under consideration. The member should then excuse himselOwself from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: 5. e e Cj_ h p\) Other municipal or county boards/committees on which you are serving: Vj v RECEIVE List three local personal references and phone numbers: AUG - 5 2013 t. kA(,tUje -Ck-r- �-Vcc n C(l�) tO NHC BUCC z. '�)eaq-\ 0bbbs ?,\0 —�(�� -1S59-1 Mob1l 3. Mask- (a�cA\ am - �0 1�1- 9 ('03S Date: ,$I 3 Signature lan� Applications ate k6pt on rile for 18 months I understand that any board or committee appoint96 may be removed Please use reverse side for additional comn�9it of Commissioners without cause r /�r�t�r5ofCountyCommissioners. ITEM: 27- 2 - 5 A � V� co +M M, �e_e- . VW I hUUC. � e� �� ee �n ct�n o�v �4 "C' e-rr �� j � �1 �t�v S A-'e � � e� Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 6 NEW HANOVER COUNTY ; BOARD OF COMMISSIONERS y 230 Government Center Drive, Suite 175 i Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 ' - FAX (910) 798 -7145 Board/Committee: Name: r�ri yr n c3F-,r a � : 4 ; c- Y_ y-y, E- Mai /: rn o fc,vzk- \c. o Home Address: 30 S R l I �d . lV.11 � 1\ N C_ X 8 4 0 3 e (Zip o Mailing Address if different: Home Phone: R to - Zc%q Fax: (City) Cell: a to a ?y - /414 9 (Zip Code) Business: rr qa 'a _2.3 (o Years living in New Hanover County: Male: Female: ✓ Race: Age: 3 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? K yes, name Employer. A person currently employed by the agency or department for which this app accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. department. Occupation: L I- �o a-, ` " "' _. toS — l o A i r,�-6^ �4 c.\-\ ooI !ahon is made, must resign h79ftr position with New Hanover County upon appointment, in Furthermore, applicant should have no immediate family member employed by such agency or Professional Activities: C`. 3 A- Cr —I- c JCL s s e-- . Volunteer Activities: K o y 4 a S e.r. A- e c u w�v Q� � v, v,, o r V- e r �--_ �� I , Why do you wish to serve on this boarcVcommittee? -Th � , c o ,N- �� �, c s o \. o r\dl C '\ I w <I- � m a y�a�c� r� , c v v� -%� `� �o moo- c .� Sys +ew\ c� y�cl T \ \� e Conflict of IntO st If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himseN/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? t'4 e,"' C._'+-"j rs �ulc4y 7TO taliffcabons for serving: _-j- huv c i v e t r `�j,r ♦ ,n,, i n —� tM C e i- 4 ,ter P e t- CL.n,Q V-Y) n u r- \ \. _- \ o�v 42-1 W o Q S a p s5 o vim) \ 10 o�,r a.v. c ,n -P u�bt �'c u r t .) e c i 4- y' c�vel S c \n oal s c F n g S Other municipal or county boards/committees on which you are serving: or\ *_� List three local personal references and phone numbers: ( j Z� a"?-OC B 0 C C 2. R-i\,-�;, ' Woo4 3. (dLo �v �y rn�w.b�c� '7 � 3' Q390 Date: A '_'_z�' -5, 2 0 \ 5 Signature Yias�ct as. �J ` r Applications are kept on file for 18 months I understand that any boa or committee appointee may be removed o0MIff oersfauAlU Xs{�J""%ofCountyCom mission ers. Please use reverse side for additional comrt�it� d f C M ITEM: 27- 2 - 7 NEW HANOVER COUNTY ' BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ,' ! -Z Wilmington, NC 28403 COMMITTEE APPLICATION r. Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: iNew Hanover County Library Advisory Board Name: lKatherine Montwieler E-MaH:Imontwielerk@uncw.edu Home Address: 318 Forest Hills Drive Wilmington, 28403 (street) 9) Mailing Address if different: (CRY) (Zp Code) Home Phone: Fax: Cell: 910- 231 -0894 1 Business: 962 -3328 Years living in New Hanover County: 15 Male: Female: ✓ Race: White Age: (Information fur the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name I No. Employer University of North Carolina, Wilmington English Department A person curently employed by the agency or department for which this application is made, must resign his#w position with New Hanover County upon appointment in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: I Professor of English Professional Activities: ITeaching, Writing, Cross - Campus Development, High School Liasion, OLLI VolunteerActivides: Wilmington Academy of Arts and Sciences and Friends School of Wilmington Why do you wish to serve on this board/committee? I'd like to be actively involved in the local commu- unity; I'd like to serve as a bridge between the university and New Hanover County Conflict of interest: If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, private, or monetary interest, either director indirect in the issue under consideretion. The member should then excuse himseffAwseH from voting on the matter. What areas of concern would you like to see addressed by this committee? I I'd like to listen and to learn how the library can best serve the citizens of New Hanover County Qualifications for serving: Chair of the English Department, Osher Lifelong Leaming Volunteer, North Carolina Humanities Council Volunteer, Liasion between university and local schools Other municipal or county boards✓committees on which you are serving: I None IVLCEIVE9 List three local personal references and phone numbers: 1 JAswani Volety, Dean, College of Arts and Sciences, UNCW 910 - 962 -7232 NHC B Q 2. JSarah Watstein, University Librarian, Randall Library, UNCW 910 - 962 -3271 3 Robert Waxman, Rabbi Emeritus, B'Nai Israel, 910 - 762 -1117 Date: July 15, 2015 Signature r Applications are kept on file for 18 months I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional corn ents Tell of Commissioners - August 17, 2015 ITEM: 27- 2 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemmets Center Dove, SLWe 175 Wdtt;r>on, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798.7145 BoarWCCommittee: Library Advisory Board Afame: William (Bill) Edwin Oakley E4W*il:*akloyb@oak-back.com Home Address: 514 Wayne Drive, Wilmington 28403 -1255 (street) P Mailing Address if dffer9ent: tcity) (zio cone) Home Phone: 762 -7963 Fax: cell: 520 -6518 Business: 655 -9225 Years living In New Hanover County. 37 Male: ✓ Female. Race :White (Inhwrostkut for the purpose of assurxrg a cross - section of the community) Do you have a family member employed by New Hanover County? N yes, name No Age: 75 Employer. slaepybear, LLC A pevsat GtxllnUY emp by the agency or &%woraent for wfth fhfs apptkeear is made must M$V hisfier position with New Hanover County upon #AQQ ntrr V*' » occur Wm* wdh Arbdo YC Sac. 4 of fha New Harrover Cowaty Persorutet F bky Fw tw"rsore, spopcarat should have no MwWaste tamely rrxmber ernpPoyed by suxh agency ,x aeparbnent Occupation: Business owner Professional Actvider. Owned and managed several types of businesses YolunteerActivities: current -YMCA, past- Boy Scouts, NC Battleship, Church Why do you wish to serve on this boardcommittee? I ant committed to mainatining and supporting county -wide librbary services ConNO of khterost: X a board member behoves hathe has a covWW or POW" corrMlct of #**rest on a pant 4dW issue, that member should state this belief to the other members of hvs#w mspsd ve board doing a public n> g. The member should stair Nye no" of the comfit dat*&j Mari halshe has a sepwaf e, prlvve. or morreruy urtem3t, #ether duct or vrdYwu m die issue under conskkratton The member should !hair ea cuss hrnrsett mrsetf from voting on the master What areas of concern would you like to see addressed by this committee? Reduce backlog of new books being placed on the shelves Qualifications for serving: Many years managing assets and people. Published 4 genealogy books. Past owner of an economic and political risk publication. Avid reader. Other municipal or county boardsfcommittees on which you are serving: Past member of the Wilmington Military Affairs committee List three local personal references and phone numbers: RECEIVED 1. Grady Richardson 509 -7166 2. Greg Miller 452 -5260 David Parker 679 -1342 Date: 712012015 Signature Appticaffons are kept on Me for It months I understand N an )b10/&Wn;"0Mftttea appotntera tray bar ovoid without cause by a majority of county Comrnlssloners. Please ttse reverse slt& fOf addid0n8i COMOVO *bid of Commissioners - August 17, 2015 ITEM: 27- 2 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: New Hanover County Library Advisory Board Name: Emilie F. Swearingen E.Maii:swearingene@charter.net Home Address: 830 Cutter Court Kure Beach 28449 e (Zip Code) Mailing Address if different. (City) (Z#) Code) Home Phone: 910- 458 -4430 Fax: Cam 910- 620 -0026 Business: Years living in New Hanover County. 14 Male: Female: ✓ Race: Caucasian Age: 67 (Information for the purpose of assuring a cross - section of the communrly) Do you have a family member employed by New Hanover County? K yes, name No Employer. Retired A person currently employed by the agency or department for which this application is made, must resign his#w position with New Hanover County upon appointment in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Pblicy. Furthermore, applicant should have no imrnedate family member employed by such agency or department. Occupation: Retired; Kure Beach Commissioner Professional Activities: Kure Beach Council; NCSU Alumni Assoc; Town liaison to many committees Volunteer Acdvities: Civitan; Special Olympics; WAVE Foundation; Is. Women; CB Inlets Assoc. Why do you wish to serve on this boarokommittee? No representation from south and of NHC; would like to see changes and improvement in the Carolina Beach library. Conflict of interest. If aboard member believes he/she has a coPolict or potential conflict of interest on a particular issue, that member should state this belief to the other members of lv&4 r respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, private, or monetary interest either Bred or indrect in the issue under consideration. The member should then excuse himselfAierself from voting on the matter. What areas of concern would you like to see addressed by this committee? Replacement of very overcrowded and dilapidated CB library; increase auto books for all branches Qualifications forserving: Over 30 years in government and 12 years working with and training nonprofits in NHC; good knowledge of needs in NHC, Wilmington and Pleasure Island. Other municipal or county boards(committees on which you are serving: WAVE Foundation ; KB Town Council KB liaison to building inspections, P&Z, Storm Water 6 Environmental, ocean/,41tt, related List three local personal references and phone numbers: 1_ Frankie Roberts, Executive Director, LINC, 910-7621600 OCT 9 ���3 2. Nancy Pritchett, former County Commissioner, 910- 791 -2827 NHC b u; 3. Sandra Sink, retired State government worker, 919- 889 -2634 Date: Signature Applications are kept on file for 18 months I understand that any board o► without cause by a majority of Please use reverse side for additional comments Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 10 tee appointee may be Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: � & L l hy-o* A Nk 1 soi�4 bo(1►Yd Name: kGl VA I V� Q rig E-Mail: Home ��_ 1 �f 1 Address: 2� S e v i p &V (L IIV t I hf11V1Gt (Street) Mailing Address if different: Home Phone: (City) vs Ot @ A 2-1i9 03 (Zip Code) (Zp Code) Fax: Cell: 6 DS) G1(- Ise b Business: Years living in i New Hanover County: Male: Female: V1 Race: Ca"CA S lA r Age: Zq (information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer. N 1 V% A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Artide Vi, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Professional Activities: r-r Volunteer Activities: TIA00 C Why do you wish to serve on this boarckommittee? % r1(AVP. MY' hnAlnu u tags .14\VA] k �Av►1�c,o►ri.as 410- IJJIIA r0, 4-h, ��rat t1 0 J Nt #c . 0onllict of 1n . ll a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should st to this belief to the other members of hisRter respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should than excuse himselfAmrself from voting on th1a mattr What areas of concern would you like to see addressed by this committee? I U101A 1� 14:6 �nQ. ► V1 A nn �V1 tN�, ►+�►Ar d i r - St r � RAO VA� 11, A S A Yh:PfY'-f1V1G Oi l AI M M I, Qualifications for serving: �V P, Gem A /A 110 'A 711 VW WiTU 12 A I � Other municipal or county boards/committees on which you are serving: 1 1 RECFIVEU List three local personal references and phone numbers: � u 4 ' � 4 1. � - 'vJ - 2. LA6\A"' 3. Date: L\k St 15 Signature Applicat ns aref kept on file for 18 months I understand that any boa or committee ap qntee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 11 avv��aw�iliar w ! cuss 6� mce4i vil 4,jQ, h� edf o� w>avA d 44,,4 v -sC k 2h tam PO(ic '� Ov'Q�r'lah � � �l d 1 Uhf -,14 DlVPA N V At aS a M(AVA � -t)ed bVO of` s Qv\A �lvlavic(A OVA Vvke,,,,`C� _ Board of Commissioners - August 17, 2015 ITEM: 27- 2 - 12 COMMITTEE APPOINTMENTS PARKS CONSERVANCY OF NEW HANOVER COUNTY, INC. BOARD OF DIRECTORS 1 Vacancy: 3 -year term expiring 6/30/18 Notes: • During its June 8, 2015 regular meeting, the Board of Commissioners approved changes to the By -Laws of this Conservancy Board which increased the membership from 9 to 12 at -large directors. • 6 of the 7 vacancies were appointed July 20, 2015. APPLICANTS: Richard E. Lawson Comer Lyons Attachments: Committee Information Sheets Applications ELIGIBLE FOR REAPPOINTMENT Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 1 PARKS CONSERVANCY OF NEW HANOVER COUNTY, INC. BOARD OF DIRECTORS Members: 13; 12 members appointed by the County Commissioners 1 County Commissioner Representative Term of Office: 3 -year terms Qualifications: County resident 18 years of age or more who has a sincere interest and commitment to the importance of park and recreation services; a willingness to give freely of time and energy to learn about and to carry out responsibilities; the ability to work well with all other Board members; complete open- mindedness and respect for varied points of view and consideration of all Board business; good judgment, intelligence and courage of conviction; a dedicated interest in the Park and Recreation welfare of all citizens of the county; the capability of speaking out and articulating parks and recreation needs; the ability to accept and weather criticism gracefully; the strength to refuse to be intimidated by pressure groups and issues which are not in the best interest of the whole county; a strong feeling for team work between the Director, Board of County Commissioners, and other Advisory Board members and a desire to truly know the community and the recreational needs of all citizens. Regular Meetings: Third Tuesday at 5:30 p.m. in the Parks Conference Room, County Government Center, 230 Government Center Drive, Wilmington, NC Statute or cause creating Board: The New Hanover County Board of Commissioners approved the establishment of the Parks Conservancy on April 16, 2012; first appointments were made May 20, 2013. Purpose: The general purposes of the Parks Conservancy are as follows: 1. To establish an endowment and receive and distribute monies for prospective funding of capital improvements at County parks and to encourage the accumulation and dissemination of knowledge of the history and natural heritage of Southeastern North Carolina. 2. To arrange for such meetings of Conservancy officers or other interested individuals, as may be legally necessary or considered desirable in the furtherance of the aims and purposes of County parks. 3. To encourage and arrange for gifts, grants, bequests, and devises to the Conservancy for its work in the furtherance of the objectives for which it is organized, and to provide for the proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so received. 4. To provide oversight to all internal groups including but not limited to: Volunteers and special event committees. 5. To foster relationships with other related organizations. 6. To serve as ambassadors for the Parks to the community. 7. To participate in and support Parks events and programs. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Eric Blaesing, Vice - Chairman First 6/3/13 6/30/16 8335 Vintage Club Circle Wilmington, NC 28411 910 - 686 -0094 (H) 336- 601 -2860 (C) Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 2 PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) Revised: 7/23/15 Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Faye D. Brock First 5/20/13 6/30/15 4725 Wedgefield Drive Second 7/20/15 6/30/18 Wilmington, NC 28409 910 -431 -2501 (H) 910 - 395 -8266 (W) Melissa Collins, Secretary First 5/20/13 6/30/16 511 North Channel Drive Wrightsville Beach, NC 28480 919 - 601 -9252 (H) 313 -3336 (W) Beth W. Crookham First 7/20/15 6/30/18 1702 Chestnut Street Wilmington, NC 28405 910 - 619 -2860 (C) Janeth E. Dill First 7/21/14 6/30/17 600 Blue Point Drive Wilmington, NC 28411 910 - 686 -0513 (H) 910 - 232 -4424 (C) 910 - 819 -4757 (W) Tori Jones First 7/20/15 6/30/18 112 River Rock Way #102 Wilmington, NC 28401 910 - 619- 9449(H/C) Theron Marshall, Chairman First 5/20/13 6/30/14 5707 Sentinel Court Second 6/16/14 6/30/17 Wilmington, NC 28409 910 -431 -7425 (H) Anne Murray First 7/20/15 6/30/18 1631 Airlie Forest Court Wilmington, NC 28403 910 - 547 -9150 (C) 910 - 819 -6979 (W) Kelsey Obernuefemann First 7/20/15 6/30/18 420 Bayfield Drive Wilmington, NC 28411 919 - 609 -3062 (C) Jamie D. White First 7/20/15 6/30/18 8651 Stephens Church Road, D -103 Wilmington, NC 28411 330 - 541- 7306(H/C) Jeremy M. Wilson First 5/20/13 6/30/16 6112 Nettle Circle Wilmington, NC 28405 910 - 399 -5627 (H) 910 - 794 -4870 (W) 6/30/18 Vacancy Revised: 7/23/15 Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 3 PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) Revised: 7/23/15 Board of Commissioners - August 17, 2015 -ITEM: 27- 3 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION County Commissioner Representative Appt. 1/5/15 Undesignated Rob Zapple 230 Government Center Drive, Suite 175 Wilmington, NC 28403 798 -7306 (NHC Office) Tara Duckworth, Director Parks and Gardens Department 230 Government Center Drive, Suite 120 File: /Parks Conservancy Wilmington, NC 28403 7/15 798 -7198 Revised: 7/23/15 Board of Commissioners - August 17, 2015 -ITEM: 27- 3 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 1754'i Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 ; Board /Committee: Parks Conservancy Name: Richard E. Lawson E-Maii:rlawson@playwilmington.org Home Address: 1916 Hawthorne (Street) (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: 910 617 9660 Fax. Cell: 910 Business: 254 3534 Years living in New Hanover County: 21 Male: ✓ Female: Race: white Age: 72 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Museum Educator Professional Activities: Rotary Club of Wilmington; Member North Carolina Grassroots Collaborat Volunteer Activities: Church Why do you wish to serve on this boar&committee? Parks and recreation are a part of growing up and they add to the quality of life in New Hanover County Conflict of Interest If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, private, or monetary interest either director indirect, in the issue under consideration. The member should then excuse himselfiherself from voting on the matter. What areas of concern would you like to see addressed by this committee? increase facilities Qualifications for serving: 40+ years as an Educator and School Administrator Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: 1 `+ i 1 Jonathan Barfield 256 4830 - :J Z Rob Zapple 619 2464 N H C B O C C 3. Neal Anderson 791 0656 Date: 10 July 2015 Signature Applications are kept on file for 18 months I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Ceder Drive, Sude 175 Telephone p gton, NC 28403 hone (910) 798 -7149 Tele COMMITTEE APPLICATION � 1, p k FAX (910) 798 -7145 Board/Committee: Parks Conservancy of Now Hanvoer County, Inc. Board of Directors Name: Comer Lyons E-Mail: lyonsfcQhotmail.com Home Address. 217 Shannon Drive Wilmington, NC 28409 (SM960 (city) (Zip Mailing Address if different: (City) (Zip Code) Home Phone: 910.805.1488 Fax: Cell: Business. Years living in New Hanover County. 11 Male: ✓ Female: Race: White Age, 44 (lnfarmation for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? if yes, name NO Employer. GS &E, Inc. A paean —w* enp *od by Ms agency or deow& -m for which on epptice6on is mods, must resign N &hw powlion with New Hanover County q= eppoinbnerri; W ocoordence WM Artide W, Sec. 4 of the New Hanover County Pomona/ Policy. Furthermore, applicant should have no inrnediste femily member employed by such agency or dspar6nent Occupation: Civil Engineer & Land Surveyor. professional Activities: Business Owner. Provide site designs for public/ County approval. Volunteer Acdvides.- Coach my children's (12 & 9) recreational basketball teams. Why do you wish to serve on this boars 9committee? MY families continued use of the County's park system and interest in the public/ green spaces provided and planned for resident use. Coniftf of hr nwt Ma board rnamber belisyse hevlths has a conflkx a potential con>bd of irdaest on . pertlurierisaue that member should stets this belts/ to the odror members of i mlw nwpec8ve board dtnfny a public nzoo&V. The nxmber shoWd stab the nature of the con6a data kT thet hatho has a separate, private, or monetary interest e0w aired or tndhect, in the iswe under earsidwW on. The member should then excww hirrmslb #mW from voting on ft matter. What areas of concern would you like to see addressed by this committee? Road crossings on the burdgeoning trail system is a complex and ongoing issue. QuaCrncations forserving. _ Through my profession, I work to find balance between private wants, public needs and limited resources. I can respectfully disagree and find consensus. Other municipal or county boarcWcommittees on which you are serving: None . Ust three local personal references and phone numbers: W E (v E D 1. J.B. Piner 910.279.0848�,� - Ci' ire 2. Sean Leggett 910.762.8008 3. Arty Kimes 910.473.5130 -ZLDate.- 08/03/15 Signature Appffeedons are kept on file for i8 tnondw I undo WwW drat Any boats or cosusfittee ap rtee may be reisoved Please use rov eras side for addNimal catuments wMmmd cause by a majodl y of County Con " toms, Board of Commissioners - August 17, 2015 ITEM: 27- 3 - 6