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HomeMy WebLinkAboutAgenda 2015 12-14AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 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 DECEMBER 14, 2015 4:00 PM MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (The Reverend Dena S. Bearl, St. Paul's Episcopal Church) PLEDGE OF ALLEGIANCE (Commissioner Woody White) ELECTION OF CHAIRMAN AND VICE - CHAIRMAN (Wanda M. Copley, County Attorney, Presiding) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Reappointment of DSS Director Michelle Winstead to Eastern Carolina Human Services Agency, Inc. Board 3. Approval to Apply for a Grant from the Department of Justice for the Heroin Initiative Program 4. Approval of Lawmen's Safety Supply as a Sole Source Vendor for the Purchase of Safariland Brand Second Chance Body Armor and Accessories 5. Approval of Mobile Track Storage System Purchase and Relocation of Record Books to CW Warthen & Gregory Grier, Inc. in the Amount of $209,972.22 6. Adoption of Public Officials Bond Resolution 7. Approval to Prepare a Document for Consideration to Establish the New Hanover County Community Relations Advisory Committee 8. Ratification of Issuance of Special Use Permit as Directed by Judge W. Allen Cobb, Jr. 9. Award of Bids for Construction & Demolition (C &D) Waste Grinding 10. Adoption of a Resolution to Approve the Updated Fire Insurance Northern District Map for New Hanover County 11. Approval of Personnel Policy Revisions 12. Approval of Award of Cost Per Copy Program to CopyPro, Inc. 13. Approval of Board of Education Budget Amendment #1 14. Approval of Board of Education Budget Amendment #2 Board of Commissioners - December 14, 2015 15. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 16. Recognition of The Fellow Award 15 17. Presentation of Service Awards and Introduction of New Employees 10 18. Cape Fear Public Utility Authority 2015 Annual Report 10 19. Presentation of Audited Financial Results for the Fiscal Year Ended 6/30/2015 15 20. Consideration of Mason Inlet Relocation Project, 2015/2016 Relocation Maintenance Event 40 21. Public Hearing New Hanover County Comprehensive Plan - Planning Staff will present Chapter 4. Visualizing the Future of the Comprehensive Land Use Plan for Hearing and Consideration of a Resolution to Adopt Chapter 4: Visualizing the Future as a Part of the Comprehensive Plan 40 22. 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 10 23. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 24. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 25. 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. Board of Commissioners - December 14, 2015 Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - December 14, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on November 12, 2015 Regular Meeting held on November 16, 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 - December 14, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore and Daphany Hill, Eastern Carolina Human Services Agency, Inc. Executive Director SUBJECT: Reappointment 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 and one member must represent the low- income, in the public sector. Michelle Winstead was appointed to serve the unexpired term of the former director and she desires reappointment to a one year term. She is familiar with agency Bylaws, as well as, Local, State and Federal rules and regulations governing this Agency. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Reappoint DSS Director Michelle Winstead. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Fonda Sykes, Administrative Support Specialist SUBJECT: Approval to Apply for a Grant from the Department of Justice for the Heroin Initiative Program BRIEF SUMMARY: New Hanover County Sheriffs Office and the Brunswick County Sheriffs Office have seen an increase in heroin related crimes and overdoses over the past five years. Both Sheriffs' Offices have responded with increasing their awareness and targeting heroin dealers. This has resulted in increased heroin arrests and drug seizures. If awarded, New Hanover County Sheriffs Office would be the lead agency; Brunswick County Sheriffs Office will be a part of this grant. The goal of the Heroin Initiative Task Force is to reduce the number of heroin related deaths and to increase the number of drug arrests, and to provide community outreach for public awareness programs. The grant will pay for overtime for three New Hanover County Sheriffs Office detectives, various equipment, training and travel, educational awareness materials, etc. for one year, with a possible extension. The total grant request is $194,870. New Hanover County's portion is $113,122 and Brunswick County's portion is $81,748. There is no County match requirement. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Request authorization to apply for the grant and to submit subsequent budget amendment if awarded. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Captain Chuck Wilson SUBJECT: Approval of Lawmen's Safety Supply as a Sole Source Vendor for the Purchase of Safariland Brand Second Chance Body Armor and Accessories BRIEF SUMMARY: New Hanover County Sheriffs Office desires to purchase additional Safariland brand Second Chance Body Armor and accessories for its operations. The Sheriffs Office has purchased this brand of vest for its officers and found the Second Chance Body Armor by Safariland to be the best fit for protection and durability. Based on the manufacturer's guidelines, body armor vests require personal sizing in order to have the proper protective coverage. Due to this requirement, a local authorized dealer is required. Safariland has confirmed in a letter that Lawmen's Safety Supply is the only authorized distributor of Second Chance Body Armor for the State of North Carolina. An item is considered as sole source when there is no availability of multiple vendors who could compete as bidders and an equal product and /or service is unavailable from other suppliers, or such use of an equal product is impractical. Purchases of Safariland brand Second Chance Body Armor and accessories will be made in accordance with the provisions of NCGS 143- 129(e)(6)(ii) which exempts purchases of apparatus, supplies, materials, or equipment when a needed product is available from only one source of supply. This exception is referred to as Sole Source and must be approved by the Board prior to the award of the contract or issuance of purchase order. This approval will be valid for purchases of Safariland brand Second Chance Body Armor and Accessories made during Fiscal Year 2016. Funds for the purchases is included in the Sheriffs budget for 209 vests. Costs vary but averages $650 per vest ($1,800 for tactical vests) for a total of around $112,000. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Lawmen's Safety Supply as a sole source vendor for the purchase of Second Chance Body Armor and Accessories in accordance with the provisions of NCGS 143- 129(e)(6)(11) for Fiscal Year 2016. ATTACHMENTS: Resolution Board of Commissioners - December 14, 2015 ITEM: 4 Safariland Letter of Authorized Distributor COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVAL OF LAWMEN'S SAFETY SUPPLY AS A SOLE SOURCE VENDOR WHEREAS, New Hanover County Sheriffs Office desires to purchase additional Safariland brand Second Chance Body Armor and Accessories for its operations for fiscal year 2016; and WHEREAS, the Sheriff s Office has purchased this brand of vest for its officers in prior years and found the Second Chance Body Armor by Safariland to be the best fit for protection and durability; and WHEREAS, Safariland has confirmed in a letter that Lawmen's Safety Supply is the only authorized distributor of Second Chance Body Armor for the State of North Carolina; and WHEREAS, a vendor is considered as a sole source when there is no availability of multiple vendors who could compete as bidders and an equal product and /or service is unavailable from other suppliers, or such use of an equal product is impractical; and WHEREAS, North Carolina General Statutes (NCGS) 143- 129(e)(6)(ii) exempts purchases of apparatus, supplies, materials, or equipment for competitive bidding requirements when the needed product is available from only one source of supply. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves Lawmen's Safety Supply as a sole source vendor for the purchase of Second Chance Body Armor and Accessories in accordance with the provisions of NCGS 143 - 129(e)(ii) for Fiscal Year 2016. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 4 - 1 - 1 Safariland, LLC 13386 International Parkway Jacksonville, Florida 32218 904.741.5400 VIA EMAIL December 1, 2015 New Hanover County Sheriff's Office Attn: Donna Seal 3950 Juvenile Center Road Castle Hayne, NC 28429 Re: Authorized Safariland Reseller To Whom It May Concern: �SAFARILAND GROUP Safariland sells through authorized distributors that respond to bids or tenders. For the state of North Carolina, Safariland identifies Lawmen's Safety Supply as the only Safariland Distributor authorized to respond to tender requests to which we are currently shipping Protech® Tactical and Second Chance Body Armor, wholly -owned brands of Safariland. If you have any questions you may contact our local Account Manager, Travis Cronk at 904- 923 -2872. Best Regards, i i cii'�y Patricia Coppedge Bid Specialist Together, We Save Lives T11 Board of Commissioners - December 14, 2015 ITEM: 4 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Register of Deeds PRESENTER(S): Tammy Beasley, Register of Deeds CONTACT(S): Kevin Caison, Facilities Project Manager SUBJECT: Approval of Mobile Track Storage System Purchase and Relocation of Record Books to CW Warthen & Gregory Grier, Inc. in the Amount of 5209,972.22 BRIEF SUMMARY: On November 20, 2015, proposals were received by Carrie Buttles, Purchasing Agent, from the following vendors to provide the New Hanover County Register of Deeds with a mobile storage track system and to relocate the record books; and • CW Warthen & Gregory Grier, Inc. • Commercial Works & R.L. Ballard • Patterson Pope After careful consideration, the evaluation committee recommends that the contract be awarded to CW Warthen & Gregory Grier, Inc., the preferred vendor due to: * Register of Deeds relocation experience * Equipment available in 60 days * Includes the ability for expansion to house additional books STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention Effective County Management • Leverage technology and information to enable performance • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Award the purchase of a mobile track storage system and relocation of record books to CW Warthen & Gregory Grier, Inc. in the amount of $209,972.22. These funds are included in the Register of Deeds budget. ATTACHMENTS: Resolution Proposal Tabulations COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - December 14, 2015 ITEM: 5 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISIONERS RESOLUTION AWARD OF REGISTER OF DEEDS MOBILE TRACK STORAGE SYSTEM AND RELOCATION OF RECORD BOOKS WHEREAS, on November 20, 2015, proposals were received by Carrie Buttles, Purchasing Agent, from the following vendors to provide the New Hanover County Register of Deeds with a mobile storage track system and to relocate the record books; and • CW Warthen & Gregory Grier, Inc. • Commercial Works & R.L. Ballard • Patterson Pope WHEREAS, after careful consideration, the evaluation committee recommends that the contract be awarded to CW Warthen & Gregory Grier, Inc., the preferred vendor due to: 1. Register of Deeds relocation experience; and 2. Equipment available in 60 days; and 3. Includes the ability for expansion to house additional books. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide a mobile track storage system and relocation of record books be awarded to CW Warthen & Gregory Grier, Inc., and that the County Manager is hereby authorized and directed to execute the contracts, contract form to be approved by the County Attorney. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 5 - 1 - 1 Register of Deeds Mobile Storage Unit Bid Proposal Tabulation November 20, 2015 Patterson Pope Comments: Commercial Works Comments: Equipment Steel Fixtures Manufacturing. Proposal athough the least expensive was not complete. The proposed cost of $123,970 does not includes sales tax and does not include the 4 map hanging cabinets. Equipment lead time is 60 days. Register of Deeds Experience. Lead time for new units is 120 days plat cabinets and stationary plat is 60 days. Experience did not include Register of Deeds. Equipment vendor required 1/3 down when ordered and another 1/3 down when shipped. Cost is $8,630.71 less. CW Warthen & Gregory Grier, Inc. Comments: Gary Mundy Stated that delivery of equipment would be 45 -60 days after order. Deposit of 20% required on the project. The equipment he is proposing allows for expansion to house additional books. Board of Commissioners - December 14, 2015 ITEM: 5 - 2 - 1 v Q L O a- _ (0 N C N C L rLn V L V1 v cu E L L i 4' E to a, d U V U Vendor Pricing $123,972.22 $201,341.51 $209,972.22 Quality, Clarity, Responsiveness of Bid -10% 47 53 59 Specification Requirements Compliance -25% 68 124 150 Experience in relocation of Records -30% 162 145 178 Cost of proposed System -35% 210 180 150 Total Points (6 Evaluators) 487 502 537 Patterson Pope Comments: Commercial Works Comments: Equipment Steel Fixtures Manufacturing. Proposal athough the least expensive was not complete. The proposed cost of $123,970 does not includes sales tax and does not include the 4 map hanging cabinets. Equipment lead time is 60 days. Register of Deeds Experience. Lead time for new units is 120 days plat cabinets and stationary plat is 60 days. Experience did not include Register of Deeds. Equipment vendor required 1/3 down when ordered and another 1/3 down when shipped. Cost is $8,630.71 less. CW Warthen & Gregory Grier, Inc. Comments: Gary Mundy Stated that delivery of equipment would be 45 -60 days after order. Deposit of 20% required on the project. The equipment he is proposing allows for expansion to house additional books. Board of Commissioners - December 14, 2015 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau SUBJECT: Adoption of Public Officials Bond Resolution BRIEF SUMMARY: Pursuant to General Statute 58- 72 -70, the Board is to review annually the Surety Bond coverage for the: Finance Officer $500,000 Sheriff $ 25,000 Register of Deeds $ 50,000 Tax Collector $100,000 Staff has verified that adequate coverage is in full force and effect. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Public Officials Bond Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 6 NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION APPROVAL OF PUBLIC OFFICIALS BOND WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. ADOPTED, this the 14th day of December, 2015 NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Assistant County Manager CONTACT(S): Tim Burgess, Assistant County Manager SUBJECT: Approval to Prepare a Document for Consideration to Establish the New Hanover County Community Relations Advisory Committee BRIEF SUMMARY: On April 23, 2015, the New Hanover County Board of Commissioners and the Wilmington City Council met in joint session. During this meeting, Wilmington City Councilman Earl Sheridan requested that the boards consider re- establishing the Human Relations Commission to deal with some of the issues of crime and other matters of the community. In response to his request, Chairman Jonathan Barfield, Mayor Bill Saffo, Vice - Chairman Beth Dawson, Councilman Earl Sheridan, County Manager Chris Coudriet and City Manager Sterling Cheatham met to discuss and formulate a framework for establishing such a committee to address community issues. Tim Burgess was in attendance as staff support. Following represents the consensus of this group: Consideration be given to forming a New Hanover County Community Relations Advisory Committee (Committee), which would serve as a "proactive committee organized for the purpose of addressing community issues involving prejudice or discrimination on the basis of race, national origin, creed or religion, age, gender, sexual orientation, disability or medical condition; informing the Appointing Authorities and other organizations of their findings; and making recommendations, in an advisory capacity, to the Appointing Authorities and other organizations, as necessary." The proposed composition of the Committee would include members from the Civil Rights Community, Faith Community, Business Community, Education Community plus several at -large members. The New Hanover County Board of Commissioners and the City of Wilmington would serve as the appointing authority for the Committee. In addition, the New Hanover County Sheriff and the City of Wilmington Police Chief, or their designees, would serve as Ex Officio members. The primary duties of the Committee would be: To study and research by means of meetings, conferences, public hearings and other appropriate means any conditions which represent prejudice or discrimination on the basis of race, national origin, creed or religion, age, gender, sexual orientation, disability or medical condition. To develop educational and instructional materials and programs to promote equal rights, tolerance, understanding and inclusiveness and to prevent or alleviate discrimination. To promote intergroup communication and relationship building and provide avenues for diverse groups to come together. To serve as a resource during times of community crisis that stem from intergroup conflict. To provide information and referrals to existing community organizations and resources that are working to promote healthy intergroup relations. To recommend, in an advisory capacity, to the Appointing Authority necessary Board of Commissioners - December 14, 2015 ITEM: 7 procedures, programs or policies that promote equal rights and the recognition and appreciation of human diversity. In addition to the primary duties of the Committee, the Committee would also be comprised of the following standing subcommittees. Programming: This subcommittee will identify ways to promote healthy intergroup communication and interaction. Public Education: This subcommittee will work with the community to gather and disseminate information and educational resources. Crisis Prevention /Preparedness: This subcommittee will work with the community to develop conflict mediation skills and create a plan to handle potential crisis. Action by Wilmington City Council: On November 16, 2015, the Wilmington City Council unanimously agreed to support the creation of the New Hanover County Community Relations Advisory Committee and authorized the City Manager to work with the County Manager to propose further details for consideration of the respective Governing Boards. Following are the next steps: December 14, 2015: New Hanover County Board of Commissioners considers this item. If directed by both governing bodies, county and city staff will prepare appropriate document establishing the Committee and present it to both governing bodies for their approval. Each governing body, at a subsequent meeting, will appoint their representatives. It is anticipated that the Committee will begin its work on July 1, 2016. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Direct county staff to work with city staff to prepare appropriate document, within the framework set forth above, for approval by the New Hanover County Board of Commissioners and the Wilmington City Council establishing the New Hanover County Community Relations Advisory Committee. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Sharon Huffman, Deputy County Attorney CONTACT(S): Sharon Huffman, Deputy County Attorney SUBJECT: Ratification of Issuance of Special Use Permit as Directed by Judge W. Allen Cobb, Jr. BRIEF SUMMARY: The Board of Commissioners held a hearing on March 2, 2015 to consider an application for a special use permit filed by T- Mobile South, LLC, et.al. This resulted in a 4 -1 vote to pass a motion to deny the special use permit request. On appeal to the Superior Court, Judge W. Allen Cobb, Jr. found that it was an error of law to not have approved the special use permit. Subsequent to Judge Cobb's Order, an appeal was filed to the N.C. Court of Appeals by an individual who was allowed to intervene in the action. All the parties have now entered into a Consent Judgment signed by Judge Cobb resolving several issues including that the tower will be built as a stealth tree similar to a design submitted to the New Hanover County Planning Department. The Order granting the Special Use Permit is attached. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the issuance of the attached Order. ATTACHMENTS: S -623 Order Granting a Special Use Permit COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Ratify the issuance of the attached Order. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 8 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Telecommunications Tower at 6516 Murrayville Road, Wilmington, North Carolina S -623 (11114) The County Commissioners' held a public hearing on March 2, 2015 to consider application number S -623 submitted by Hellman, Yates & Tisdale, PA on behalf of the applicant, Branch Communications and property owner, Angela W. Steele, to develop a telecommunications tower at 6516 Murrayville Road. Based upon the Board of County Commissioners hearing held on March 2, 2015, the Order of Superior Court Judge W. Allen Cobb, Jr., dated September 22, 2015 and the Consent Judgment and Settlement Agreement signed by Superior Court Judge W. Allen Cobb, Jr., dated December , 2015, the Board hereby grants the applicant's request for a special use permit as modified by the Consent Judgment and Settlement Agreement. In doing so the Board makes the following FINDINGS OF FACT and renders the following CONCLUSIONS: 1. The Board finds that the proposed use does satisfy the first general requirement listed in the Ordinance; namely the requirement that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. The Board finds that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. 3. The Board finds that the proposed use does satisfy the third general requirement of the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. 4. The Board finds pursuant to Judge Cobb's Order that the proposed use does satisfy the fourth general requirement of the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Judge Cobb determined that the Board of Board of Commissioners - December 14, 2015 ITEM: 8 - 1 - 1 County Commissioners' findings of fact regarding this requirement were not based on competent and substantial evidence in the record. 5. Therefore, pursuant to these findings the Board of County Commissioners conclude that the specific and general requirements necessary for the issuance of a special use permit have been satisfied and it is HEREBY ORDERED that the application for the special use permit be GRANTED and it is hereby issued. Ordered this the day of December, 2015. Jonathan Barfield, Chairman Attest: Teresa Elmore, Cleric to the Board Date Board of Commissioners - December 14, 2015 ITEM: 8 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Award of Bids for Construction & Demolition (C &D) Waste Grinding BRIEF SUMMARY: A Request for Bids (RFB) was initiated for the grinding of waste material received at the Landfill's Construction & Demolition (C &D) and yard waste sites. This material includes C &D wood waste, sheetrock and vegetative waste. A bid opening was held on October 13, 2015, with four (4) bids received. Upon evaluation, staff determined that the cost, based upon the scope of the initial bid, exceeded the amount of budgeted funds. As a result, the scope was redefined to eliminate the requirement to have the material processed at a facility having the Seal of Testing Assurance from the U.S. Composting Council. This portion of the scope was replaced with the requirement that the Contractor provide assurance that all wood waste and sheetrock from the NHC Landfill's C &D recycling program be beneficially reused, to include composting, biomass fuel, agricultural use, and soil amendments, among other types of beneficial reuse. This will not impact operations and will not cause environmental concern. The project was rebid with the revised scope. Rebids were opened on Thursday, November 12, 2015, with four (4) bids received. The lowest responsible bidder was American Property Experts. During negotiations, the Contractor agreed to provide labor to load the sheetrock into trailers for an additional $0.45 /ton, resulting in a recommended total bid award of $250,000 for FY16 (while C &D operations are being implemented), with the remaining years estimated at $567,000 /year for full-year operations. The contract term is five (5) years, with one (1) possible five (5) -year extension. Funds are available in the Environmental Management Enterprise Fund for this award. Staff recommends the bid be awarded to American Property Experts. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend award of a contract for C &D Waste Grinding in the amount of $250,000 for FY16 and $567,000 in subsequent years to American Property Experts, the lowest responsible bidder. Board of Commissioners - December 14, 2015 ITEM: 9 ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR CONSTRUCTION & DEMOLITION WASTE AND VEGETATIVE WASTE GRINDING WHEREAS, after due advertisement, bids were received and recorded by the Finance Department at 3:00 p.m. on the 13'h day of October 2015, in the Finance Department conference room, 230 Government Center Drive, Wilmington, North Carolina, and four (4) companies submitted bids for the provision of services for the grinding of construction & demolition (C &D) waste and vegetative waste; and WHEREAS, a bid evaluation was completed by the Environmental Management Department staff for each of the four (4) bidders, taking into consideration the minimum bid requirements, price and references; and WHEREAS, the bid evaluation resulted in the determination that the bid pricing exceeded available funds; and staff reduced the scope of the project and an advertisement for rebids was issued; and WHEREAS, rebids were received and recorded by the Finance Department at 2:00 p.m. on the 12th day of November, 2015, in the Finance Department conference room, and four (4) companies submitted rebids; and WHEREAS, the bid tabulation shown for the four (4) responsive bids includes the projected annual cost of services for the grinding of C & D and Vegetative waste; and Bidder Bid Amount (calculated estimated annual cost) Simmons & Simmons, Inc. $617,219 Land Clearing Services, Inc. $922,125 Rufus Young Construction $627,825 American Property Experts $567,000 WHEREAS, funds for this project are available in the Environmental Management Enterprise Fund, with an estimated annual contract amount of $567,000 per year (FY16 estimated at $250,000 for the partial year). NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of grinding services for C &D and vegetative waste to American Property Experts Inc., and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall and Frank Meyer, Deputy Fire Chief SUBJECT: Adoption of a Resolution to Approve the Updated Fire Insurance Northern District Map for New Hanover County BRIEF SUMMARY: During the 2011 Fire Insurance Rating Inspection conducted by the NC Department of Insurance, portions of the Northern New Hanover County Fire Insurance District were determined to be beyond limits by road miles to apply reduced insurance rates to some properties in the area of Island Creek around Sidbury Road. In 2015 improvements to the Pender EMS & Fire Insurance District has created opportunity for reduced insurance rates to be applied to the properties in the area of Island Creek around Sidbury Road due to the recently opened Scotts Hill Fire Station ( Pender Station 18) by Pender EMS and Fire. New Hanover County Fire Services is requesting that the Pender EMS & Fire Insurance District be extended into New Hanover County in the area of Island Creek around Sidbury Road. The fire district maps are required to be updated with the North Carolina Department of Insurance. The Island Creek area will be included in Pender EMS & Fire's District. A GIS Map is attached. If approved, the above changes will allow many of the properties in the area of Island Creek around Sidbury Road to receive reduced insurance rates. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to update the Fire Insurance Northern District Map for New Hanover County. ATTACHMENTS: Resolution Map (Exhibit A) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - December 14, 2015 ITEM: 10 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVING THE UPDATED NORTHERN FIRE INSURANCE DISTRICT MAP FOR NEW HANOVER COUNTY WHEREAS, the 2011 Fire Insurance Rating update by the North Carolina Office of the State Fire Marshal resulted in an increased rating for the Island Creek area of Sidbury Road in the Northern Fire Insurance District for New Hanover County; and WHEREAS, Pender EMS & Fire was contracted to provide fire protection in eastern Pender County, built and staffed additional fire stations, and on July 1, 2015 received an improved rating for their eastern district; and WHEREAS, Pender EMS & Fire has a fire station in proximity to the Island Creek area on Sidbury Road as shown on the map of the New Hanover County Fire Services Northern District (attached as Exhibit A). The attached map is a New Hanover County Geographical Information System (GIS) map and is recorded accordingly; and WHEREAS, this Board has reviewed said map and finds it should be approved and adopted as the official map of the New Hanover County Northern District for fire insurance rating purposes. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby designates the attached map for the New Hanover County Northern Fire Insurance Rating District as the official map for the purpose of fire insurance ratings as prescribed by NCGS Section 153A -233. This resolution shall be effective upon its adoption. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 10-1 -1 1�1 p z � N� �O ID V (M L d r N O M d O __ 4a LO O v L in J� Li � 0 QUO W O O C O U) O O N \/ W 0 U QrQ -�60 ° . CO O — S _ o .. iL `o o U a S o d U S Z (n Z Z S �� a I ❑ QI- LL C LL O a nlw z a y m ° � N U \ Tj>�2 1 K C LL _ O m Z (n Y e o � Z a a M Q U LL U ASTL AY E g ab 0 U O (7 m Z� ; e 1 r w J !n d O C) Z (n o \ Board of Co ssioners - cember 14, 2015 1 EM: 10-2 -1 o p o° a� _Zf NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Human Resources PRESENTER(S): Mark Francolini, Chief Human Resources Officer CONTACT(S): Mark Francolini SUBJECT: Approval of Personnel Policy Revisions BRIEF SUMMARY: Human Resources has completed a review of personnel policies and recommends the attached changes for the Board's approval. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the personnel policy revisions. ATTACHMENTS: Personnel Policy Revisions COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 11 t-STV - P 0 November 18, 2015 NEW HANOVER COUNTY INTER - OFFICE MEMORANDUM TO: New Hanover County Board of County Commissioners FROM: Mark Francolini, Chief Human Resources Officer THRU: Chris Coudriet, County Manager SUBJECT: PERSONNEL POLICY REVISIONS Human Resources completed a review of personnel policies and we are recommending a number of changes for your approval. It is our intent to place them on the consent agenda for December 14, 2015. Human Resources periodically conducts a review of the personnel policies and recommends revisions, as appropriate. Rather than bringing sporadic revisions to the Board throughout the year, we typically wait until we have a number of changes and bring them for approval no more than one time per year. There are recommended revisions due to recent operational changes in the organization. For example, the change in title from Human Resources Director to Chief Human Resources Officer resulted in revisions each time our policies reference the position. Given the responsibilities of the positon, it is referenced in numerous sections of each article. Other repetitious revisions are related our position status definitions. In response the retirement system's clarification of the "1,000 -hour rule" related to the minimum number of hours employees must work for enrollment eligibility into the system, we made a distinction between "temporary" employees and on -going part -time employees, who must work less than 1,000 hours in any consecutive 12 -month period. Where temporary status has a beginning and end date, the on -going part -time employees do not, so we have created a position status of "casual part- time." As such, we have added a position status section to our policies (Article 1) which defines "regular," "casual part- time," and "temporary" employee statuses. Since the casual part -time status is new, the policy revisions reference the status in various sections, as appropriate. Where "regular" positions were denoted as non - temporary, we have changed that denotation throughout the policy to "benefits- eligible." The following sections provide information regarding the recommended revisions. Section 1, Policy Change Summary, provides a summary of the recommended revisions to each article. Section 2, Policy Change Detail, provides specific policies recommended for revisions, outside of the repetitious changes described above. A full copy of the personnel policy, noting all of the changes (including those that are repetitious), is on file with Clerk to the Board. Board of Commissioners - December 14, 2015 ITEM: 11-1 -1 Personnel Policy Revisions (Board of County Commissioners Review) Page 2 of 35 I have asked Teresa Elmore to schedule time for us to meet, prior to the December 10th agenda review, in order to go over any questions you might have about the recommended revisions. As always, you may feel free to contact me directly at 798 -7436 or by cell at 232 -2795. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 2 Personnel Policy Revisions (Board of County Commissioners Review) Page 3 of 35 Section 1 — Policy Change Summary Article 1— Organization of Personnel System In addition to changing the title from Human Resources Director to Chief Human Resources Officer and references to regular, non - temporary employees as "benefits- eligible," the most substantive change to this article is the addition of a new section, Section 1.2, Position Status Definitions. This section defines our three position statuses of regular, casual part -time, and temporary. Regular positions are budgeted benefits- eligible positions where duties are required to be performed on a time - limited or ongoing basis, requiring full -time or part -time employment of at least 1,040 hours in a 12 -month period. Casual Part - time positions are not eligible for benefits and consist of duties on an intermittent or recurring basis; however, individuals assigned to such positions are scheduled to work less than 1,000 hours in any consecutive 12 -month period. Temporary positions are expected to last for a limited period of time, and individuals employed in such position are not eligible for benefits and will work less than 1,000 hours in a 12 -month period. The addition of the "position status definition section" will result in a renumbering of subsequent sections. Article 2 — The Position Classification Plan In addition to updating the title of Human Resources Director to Chief Human Resources Officer and referencing "regular" employees as benefits- eligible as appropriate, recommended changes in various sections either align with our current Performance Management Process or clarify current practices already in place. In summary: • Section 2. 1, Policy, clarifies the use of work objectives and competencies as a result of our new performance management system. • Section 2.2, Procedures — Classification and Reclassification, references the use of our Job Assessment Tool (JAT) versus the Position Description Questionnaire (PDQ) to evaluate positions, which is the result of our pay plan. • Section 2.4.1, Responsibility — Board of County Commissioners, clarifies our current practice that the Board of Commissioners approves incremental position changes to the classification plan that may occur during the fiscal year, after initial adoption of the budget. Article 3 — The Pay Plan In addition to the title change from Human Resources Director to Chief Human Resources Officer and reference to "regular" positions as "benefits- eligible," changes contained herein clarify our current practices regarding merit pay and salary adjustments. We are also recommending changes to our "emergency pay" policies. Merit Pay policies (Sections 3.3 and 3.4) are being updated to reflect our practice of awarding merit to deserving employees. Section 3.6, Merit Pay Special Allowance, is being eliminated, as it does not appear to pertain to our organization. The elimination of this section will result in a renumbering of subsequent sections. We are recommending several changes to our policies related to "establishing pay rates." In addition to clarifying our current practices, one of the changes (Section 3.6.4) allows for an extension of up to 12 New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 3 Personnel Policy Revisions (Board of County Commissioners Review) Page 4 of 35 months for a temporary reassignment. Another change (Section 3.6.7) ensures that pay rates for casual part -time and temporary positions are within pay ranges of comparable "regular" classifications. Salary Adjustments are more clearly defined under the revised policies. In addition to salary adjustments based on the labor market, Section 3.7 also clarifies that salary adjustments may be tied to changes to the consumer price index (CPI). We are also recommending a revision to the salary adjustment criteria, which aligns with our current practices. Our revisions include an additional section, allowing salary adjustments for casual part -time employees and the guidelines that will exist. Emergency Pay policies contain numerous changes. In summary, employees required to perform work in response emergencies, either outside of their regular work schedule or during periods when they would be eligible for administrative leave due to their offices being closed, will only receive pay for the actual hours worked. The will not receive pay for hours worked and administrative leave pay. Instead, these employees will be granted paid leave for such hours worked, which must be used within 90 days or by the end of the fiscal year, whichever is later. Section 3.17.9, Emergency Pay — 24/7 Departments, is being removed. Employees in those departments are covered in other sections of the policy. Article 4 — Employment This article of the personnel policy is related to "employment." In addition to the change in title from Human Resource Director to Chief Human Resources Officer and the reference to "benefits- eligible" to regular positions, recommended revisions are due to the position status of casual part -time and clarification required within this policy, as well as our current practices with our electronic applicant tracking /on- boarding system. Article 5 — Separation, Reemployment In addition to changes in title from Human Resources Director to Chief Human Resources Officer and references to "benefits- eligible" for regular positions, revisions include a reference to casual part -time status, where relevant, as well as some text modifications as appropriate. Article 6, Conditions of Employment This article contains a variety of policies related to conditions of employment. In addition to changes in the title of Human Resources Director to Chief Human Resources Officer and the reference to "benefits - eligible" for regular employees, revisions include the addition of the casual part -time position status, as appropriate. There are also minor revisions to policies related to weapons in the workplace and an alcohol and drug -free workplace. Article 7 — Leave Policies Policies contained in Article 7 pertain to various types of paid and unpaid leave. Generally speaking these policies apply to regular (benefits- eligible) employees. A number of changes include adding "benefits- eligible" references of regular position status and adding the position status of casual part - time, as appropriate, as well as changes in the title of Human Resources Director to Chief Human Resources Officer. Other recommended revisions include: New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 4 Personnel Policy Revisions (Board of County Commissioners Review) Page 5 of 35 • Section 7.3.2, Sick Leave — Maximum Accumulation: Removal of the maximum hours of sick leave allowed for creditable service in the retirement system. There is currently no required maximum from the retirement system. • Section 7.4.3, Sick Leave Bank Procedures — Withdrawal: Removal of a consecutive 5 -day minimum to use the sick leave bank (Item D). • Section 7.5.4, Use of Personal and Sick Leave Prior to Leave Without Pay: Replace "market" adjustment with "salary" adjustment. • Section 7.6, Workers' Compensation Leave: Adds an additional provision to clarify that employees may not use paid leave during periods of pay through Workers' Compensation. • Section 7.8.2, Military Leave — Pay Differential Policy: The recommended revision expands this policy to provide employees with 10 days of paid military leave to be used for active duty training, inactive duty training, and summer camp that takes place during their scheduled work hours. Employees will still be allowed to claim additional 10 days of military pay differential, following use of the paid military leave. • Section 7.10.1, Administrative Leave — Policy: Aligning with recommended changes to the "emergency pay" policy, this revision clarifies employees required to perform work in response emergencies, either outside of their regular work schedule or during periods when they would be eligible for administrative leave due to their offices being closed, will only receive pay for the actual hours worked. They will not receive pay for hours worked and administrative leave pay. Instead, these employees will be granted paid leave for such hours worked, which must be used within 90 days or by the end of the fiscal year, whichever is later. Article 8 — Performance, Discipline Policies contained in this article are related to performance, under our current performance management process (PMP), and discipline that may result from failure in performance of duties and conduct. Other than references to "benefits- eligible" for the regular position status, the addition of casual part -time position status, and title changes from Human Resources Director to Chief Human Resources Officer, we are recommending revision to two sections. The recommended change in Section 8. 1, Performance Management Policy, adds a requirement that casual part -time employees must be evaluated at least once per year under the PMP, in order to determine their continued employment. Section 8.1.1, Performance Management Procedures, removes the reference to the "PMP manual," as it was from our old PMP system. Article 9 — Appeals and Grievances Changes being recommended include the term "benefits- eligible" for references to employees in a regular position status and in the title from Human Resources Director to Chief Human Resources Officer. Article 10 — Employee Benefits In addition to adding the term "benefits- eligible" where we reference employees in a regular position status or changes in the title from Human Resources Director to Chief Human Resources Officer, we are recommending a few minor revisions in four sections of this article. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 5 Personnel Policy Revisions (Board of County Commissioners Review) Page 6 of 35 • Section 10.1.2, Medical and Dental Insurance Enrollment, eliminates the reference for a waiting period due to pre- existing conditions. That is no longer valid. • Section 10.1.3, Medical and Dental Insurance Effective Date, eliminates specifying the effective date as the first day of the month following 30 days of employment. The effective date is set in our payroll schedule. This allows us flexibility, either as a policy and practice, as well as with any requirement under the Affordable Care Act. • Section 10.1.4, Medical and Dental Insurance Dependent, eliminates the wording regarding a legal marriage with a person of the opposite sex. • Section 10.2, Retirement Benefits, clarifies that enrollment in the retirement system is based on at least 1,000 hours worked in any consecutive 12 -month period. Article 11— Personnel Records and Reports This article contains polices relative to the maintenance of records for which Human Resources is responsible. In addition to updating the title from Human Resources Director to Chief Human Resources Officer, revisions are being recommended in the following sections: • Section 11.2, Confidential Information (Item E), is revised to reflect a current change in the law related to the release of information for emergency responders. • Sections 11.2.2, 11.2.3, and 11.5 provide information associated with penalties for unauthorized examination of confidential records or for the unlawful destruction of public records. The revisions denote the penalties are in accordance with North Carolina General Statutes. • Section 11.6.4, References, has been updated to reflect the current website address. Article 12 — Implementation of Policy The only change to Article 12 is to revise the effective date that the policy was fully reviewed, as December 14, 2015. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 6 Personnel Policy Revisions (Board of County Commissioners Review) Page 7 of 35 Section 2 — Policy Change Detail Article 1 — Organization of Personnel System In addition to changing the title from Human Resources Director to Chief Human Resources Officer and references to regular, non - temporary employees as "benefits- eligible," the most substantive change to this article is the addition of a new section, Section 1.2, Position Status Definitions. This section defines our three position statuses of regular, casual part -time, and temporary. Regular positions are budgeted benefits- eligible positions where duties are required to be performed on a time- limited or ongoing basis, requiring full -time or part -time employment of at least 1,040 hours in a 12 -month period. Casual Part - time positions are not eligible for benefits and consist of duties on an intermittent or recurring basis; however, individuals assigned to such positions are scheduled to work less than 1,000 hours in any consecutive 12 -month period. Temporary positions are expected to last for a limited period of time, and individuals employed in such position are not eligible for benefits and will work less than 1,000 hours in a 12 -month period. The addition of the "position status definition section" will result in a renumbering of subsequent sections. The new section is below: 1.2 Position Status The following defines various statuses of positions with New Definitions Hanover County: a. Regular: A budgeted position where duties and responsibilities t- - - Formatted: List Paragraph, Numbered + are required to be attended on a time limited basis or a continuous Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + and probable annually recurring basis, requiring part -time for full- Indent at: 0.25^ time employment of an individual at a minimum of 1,040 hours in a consecutive 12 -month period. Employees occupying such positions are entitled to all employment benefits offered by the County, in accordance with eligibility guidelines. b. Casual Part -Time: A position where duties and responsibilities may be required on a recurring or intermittent basis and the individual assigned to such a position shall work under 1,000 hours during any consecutive 12 -month period. Employees occupying such positions are not eligible for benefits offered by the County. C. Temporary: A position funded for a specified period of time to coincide with projects or programs of limited duration, limited funding, or other time constraints. Individuals assigned to such positions shall work less than 1,000 hours in any consecutive 12- month period. Employees assigned to such positions are not eligible for benefits offered by the County.. - Formatted: Font: (Default) Times New Roman, 12 pt Article 2 — The Position Classification Plan In addition to updating the title of Human Resources Director to Chief Human Resources Officer and referencing "regular" employees as benefits- eligible as appropriate, recommended changes in various New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 7 Personnel Policy Revisions (Board of County Commissioners Review) Page 8 of 35 sections either align with our current Performance Management Process or clarify current practices already in place. A summary follows: Section 2. 1, Policy, clarifies the use of work objectives and competencies as a result of our new performance management system. Section 2.2, Procedures — Classification and Reclassification, references the use of our Job Assessment Tool QAT) versus the Position Description Questionnaire (PDQ) to evaluate positions, which is the result of our pay plan. Section 2.4.1, Responsibility — Board of County Commissioners, clarifies our current practice that the Board of Commissioners approves incremental position changes to the classification plan that may occur during the fiscal year, after initial adoption of the budget. The revisions to these three sections are below: 2.1 Policy The position classification plan shall provide a complete inventory of all authorized regular (nom benefits- eligible) positions in the County service and an accurate description and specification for each class of employment. In order to insure its continuing value as a personnel management tool, the position classification plan will be maintained to reflect the current work assignments and other conditions and requirements which are factors in proper classification and allocation of positions. The classification plan shall consist of: a. A grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications and responsibilities, and which can be equitably compensated within the same range of pay under similar working conditions; b. Class titles descriptive of the work of the class; c. Written specifications for each class of positions; and d. An allocation list showing the classification title of each position in the classified service. The classification plan is to be used: a. As a guide in recruiting and examining applicants for employment; b. In developing work phws-obiectives and competencies in the County Performance Management Process (PMP); c. In determining lines of promotion and in developing employee training programs; d. In determining salary to be paid for various types of work; e. In determining personnel service items in departmental budgets; and f. In providing uniform job terminology. 2.2 Procedures— Requests for position classification and reclassification must be made New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 8 Personnel Policy Revisions (Board of County Commissioners Review) Page 9 of 35 Classification by the Department Head to the Chief Human Resources and Pifeete+Officer. The request should provide a justification for the Reclassification requested action and be supported by a completed Pefritien Job Assessment Tool (P4)QJAT), which is a tool used by the Human Resources Department to analyze job functions and evaluate the position. When this process involves new budgeted positions, it is called classification. When it involves existing classified positions which have substantially changed since initial classification, it is called reclassification. The Human Resources Department will review the gBQ -JAT and perform job analysis and job evaluation using the position evaluation methodology used by the County. The staff member assigned the classification or reclassification review may conduct desk audits or interview department personnel as part of the analysis. The staff member will make a report and recommendation to the Chief Human Resources Officer who will, in turn, make a recommendation to the County Manager (or designee). The County Manager or designee) has the final approval authority on classifications and reclassifications. 2.4.1 Responsibility A listing of established classifications for budgeted positions and Board of corresponding pay grade assignments shall be adopted by the Board of County County Commissioners as the County's position classification and pay Commissioners plans for the stipulated fiscal year. New- Incremental positions shall be established only with the approval of the Board of County Commissioners after review by the Chief Human Resources Dir-oeterOfficer and a recommendation by the County Manager to either (1) allocate the additional position to the appropriate position classification within the existing position classification plan, or (2) recommend that the Board of County Commissioners amend the position classification plan to establish a new position classification to which the additional position may be allocated. Article 3 —The Pay Plan In addition to the title change from Human Resources Director to Chief Human Resources Officer and reference to "regular" positions as "benefits- eligible," changes contained herein clarify our current practices regarding merit pay and salary adjustments_ We are also recommending changes to our "emergency pay" policies. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 9 Personnel Policy Revisions (Board of County Commissioners Review) Page 10 of 35 Merit Pay policies (Sections 3.3 and 3.4) are being updated to reflect our practice of awarding merit to deserving employees. Section 3.6, Merit Pay Special Allowance, is being eliminated, as it does not appear to pertain to our organization. The elimination of this section will result in a renumbering of subsequent sections. We are recommending several changes to our policies related to "establishing pay rates." In addition to clarifying our current practices, one of the changes (Section 3.6.4) allows for an extension of up to 12 months for a temporary reassignment. Another change (Section 3.6.7) ensures that pay rates for casual part -time and temporary positions are within pay ranges of comparable "regular" classifications. Salary Adjustments are more clearly defined under the revised policies. In addition to salary adjustments based on the labor market, Section 3.7 also clarifies that salary adjustments may be tied to changes to the consumer price index (CPI). We are also recommending a revision to the salary adjustment criteria, which aligns with our current practices. Our revisions include an additional section, allowing salary adjustments for casual part -time employees and the guidelines that will exist. Emergency Pay policies contain numerous changes. In summary, employees required to perform work in response emergencies, either outside of their regular work schedule or during periods when they would be eligible for administrative leave due to their offices being closed, will only receive pay for the actual hours worked. The will not receive pay for hours worked and administrative leave pay. Instead, these employees will be granted paid leave for such hours worked, which must be used within 90 days or by the end of the fiscal year, whichever is later. Section 3.17.9, Emergency Pay — 24/7 Departments, is being removed. Employees in those departments are covered in other sections of the policy. Following are the changes to the policies, outside of title of the HR Director and reference to "benefits- eligible" for regular employees: 3.3 Merit Pay The pay ranges are intended to furnish administrative flexibility in recognizing individual performance among employees holding positions in the same classification by rewarding employees for meritorious service. Advancement through the range will be accomplished under the guidelines established in the County's Performance Management Process (PMP). The following general provisions will govern the granting of those within- the -range increments: a. Every regular (ean towpefafy-benefits- eligible) employee should have a work plan at the beginning of the performance review period which sets forth performance expectations for the upcoming year and the measurements that will be used to evaluate performance at the end of the performance review period. b. Every regular (ems benefits- eligible) employee who has successfully completed an introductory period shall have a minimum of one full performance review during the fiscal year, whether it results in a pay increase or not. C. 0,r - f6 ..ti.a-Reo ,• ., to .10,40,4- 4~4;,4.0, @Iig bility to GO 44i44440, New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11-1 -10 Personnel Policy Revisions (Board of County Commissioners Review) Page 11 of 35 �d.Employees whose overall performance ;....,..,,a tree.., "fee's @*peet 4o++s�Ldoes not meet expectations are not eligible to-------------- Formatted: Font: Italic receive a merit ; eaward. €e. Employees whose overall performance irrzeets - - Formatted: Font: italic expectations" may receive no merit iae award or only a marginal one. f_Employees whose overall performance is ,.,..,.a °s "meets xceeds --------- Formatted: Font: italic expectations"- ,.,;.r, a,,,..., 44-Mi,,n „f,.,,.,.;.,.,.;,,.... . may receive a merit ~award. g. Employees in the introductory period of employment shall have a performance review to determine eligibility to continue employment at the end of the introductory period. Merit awards for such employees will be determined in accordance with merit eligibility guidelines established for the fiscal year. Merit awards are subject to the availability of funds and to any rules established for a fiscal year. Merit may be awarded as an increase to base pay, a lump -sum bonus, or a combination of the two, as determined by the rules established for a fiscal vear. 3.4 Merit Pay A performance -based merit program, it is an enhancement to the pay EXCEL plan which rewards employees for meritorious service who would otherwise be ineligible for a merit award because of being at a M rate on the high end of the same range. Eligible employees may receive, as a regular merit increase, a per cent increase that would take them to the maximum rate in combination with a one -time lump- sum bonus for the balance of the merit award. For example, if an employee is two per cent (2 %) below the maximum rate but the department head wants to award a four per cent (4 %) merit award, the employee would receive a two per cent (2 %) award to reach the maximum rate and a two per cent (2 %) one -time bonus to make up the total merit award. If currently at the maximum rate, the employee would receive the entire amount of increase as a lump -sum award, with no change to the base pay rate. This increase is subject to the availability of merit funds, just as are regular merit awards. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11-1 -11 Personnel Policy Revisions (Board of County Commissioners Review) Page 12 of 35 3.87.2 Establishing Applicants or employees who do not meet the established minimum Pay Rates requirements of the position to which they are appointed should be Trainees appointed at a pay rate lower than the minimum rate of the assigned pay grade. Normally, the trainee pay rate is the minimum rate of the pay grade below the pay grade established for the job (or a similarly lower rate if no lower pay grade exists), unless placement at an even lower rate is appropriate and approved by the Htff fl ,.. R esetifee Dir-osto Chief Human Resources Officer. An employee will remain at a trainee rate until the department head certifies that the trainee is qualified to assume full responsibilities of the position and the u.., a- D 444tee*o-rChief Human Resources Officer or County Manager approves the certification. Trainees are eligible to receive salary adjustments or merit increases, subject to the applicable sections of this Article, except that such increases cannot result in placement at a pay rate equal to or above the minimum rate of the pay range established for the job. When trainees have been approved for removal from trainee status, they will receive a salary adjustment to the minimum rate of the pay range established for the job. 3.87.3 Establishing Applicants hired or employees reclassified, promoted, or transferred Pay Rates to another classification normally will be placed on the minimum rate Hiring, of the new pay range, except in those cases where the employee must Promotion, enter as a trainee or where unusual circumstances appear to warrant Reclassifica- pay at a higher rate wherein the 14t ffna Reso fees —Di -°^*^ -Chief tion, or Human Resources Officer shall have the authority to approve Transfer appointments made above the minimum rate of the range up to the midpoint rate and the County Manager must approve appointments above the midpoint rate. Employees reclassified or transferred because of unsatisfactory performance or for disciplinary reasons shall not receive a pay increase; rather, they should expect to receive a pay decrease. 3.87.4 Establishing Sometimes, it is necessary to temporarily reassign an employee to Pay Rates duties and responsibilities of another classification or to a position in Temporary another classification to address a particular problem or a personnel Reassignment shortage (e.g., the extended absence of another employee or a to Another supervisor). Such reassignments shall occur only through written New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 12 Personnel Policy Revisions (Board of County Commissioners Review) Page 13 of 35 Classification notification, recommended by the department head, and approved by the NiMAaWi Human Resources Officer. The duration of such reassignments must be no less than thirty (30) days and no more than twelve (12) months, unless the Chief Human Resources Officer determines an extension beyond the twelve (12) month duration should be granted for a period not to exceed an additional twelve (12) months. Employees reassigned to a lower classification level should not be penalized in salary by placement in the corresponding lower pay range_ They would continue in the current pay range, enjoying all benefits and increases as though no transfer had taken place. Employees reassigned to a higher classification level should be granted a five per cent (5 %) increase or paid at the minimum rate of the higher classification pay range, whichever is greater, while serving in the higher classification. When the temporary assignment ends and the employee returns to the lower classification, the rate of pay should equal the rate the employee was paid prior to the temporary reassignment, plus any pay increase granted, or which would have been granted, during the period of the temporary assignment. Should this result in a salary which is at, or exceeds, the maximum rate of the pay range for the lower classification, the rate would be capped at that maximum rate and the employee would continue to be eligible for merit awards through the EXCEL merit program. 3.87.7 Establishing Casual part -time and temporM positions are not budgeted regular Pay Rates for (benefits - eligible) positions and, therefore, are not classified and Casual Part- evaluated in the same way. Employees in casual part -time and Time and temporary positions shall be classified and paid at a rate in the pay Temporary grade established for regular (benefits - eligible )-positions in the Employees classification, in consultation with the Chief Human Resources Officer. In the absence of corresponding regular (benefits - eligible) positions, the Chief Human Resources Officer will determine the iob title and pay rate. , .1 ;.1 t therefore, afe lie .1 ,1 .1111, th@ 4@paAR4@+1A t4@ o T7OF1414 head, ult.1tion 11.411 the, -741,~1.1,.1 Dir-O ltOr- .loco,- ,ti1;,.101S 3. -98 "Salary Maintenance of the pay plan may include annual surveys of labor Adjustments= market statistics and comparative salary data. As a result, appropriate Regular range changes or in -range adjustments may be made to the pay plan. benefits- These adjustments are called market adjustments. Individual eligible) employees' rates may or may not change, depending upon their pay Employees) rates before the adjustment, the extent of the adjustment, their New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 13 Personnel Policy Revisions (Board of County Commissioners Review) Page 14 of 35 employment status and their performance rating at the time of the adjustment. Salary adjustments may be tied to changes in the cost -of- living- index, typically to the consumer price index (CPI). As a result, regular (benefits - eligible) employees may be eligible to receive an increase to their base pay rate as a cost of living adjustment (COLA). Sala Adjustment Eligibility Criteria: a. An employee's department head must certify that the employee's "meets the eligibility guidelines established for each type of salary adjustment. b. Regular ( +io+i tem.—a enefits- eligible) employees in an active work status who meet the established er-iter-i _ligibility guidelines will receive the fflar4eLsalary adjustment. c. Regular (benefits - eligible)_ employees who do not meet the ors .:to,.;,, at tl,o t;,ro ooh@ ,,,1;,,4144o„tostablished eligibility guidelines will not be eligible for the adjustment at that time or at a later date in the fiscal year. d. Employees in a leave- without -pay status at the time of the adjustment are not eligible for the adjustment, but may become eligible when they return to work if they are certified as having met the established ^°rf fm°^^° ^rite- ^^eligibility guidelines. If, in a pay plan revision, a classification is assigned to a different pay grade, employees in that classification will be placed in the new grade at their current rate. If the adjustment results in an employee being at a rate lower than the minimum rate of the new pay grade and the employee's overall performance is rated as meeting! , - I Formatted: Font: italic expectations,°' the employee will be placed at the minimum rate; if the employee's overall performance is rated "e@s +io� ----tbelow _ - Formatted: Font: Italic expectations,-" the employee will be placed in a lower pay grade or at an exception pay rate to maintain the current rate of pay. If the adjustment results in an employee being at a rate above the maximum rate of the new pay grade, the employee's pay will be frozen at that rate until that rate is within the pay grade to which that position is assigned. In an in -range adjustment, the salary structure (minimum, midpoint and maximum rates) may not change, but rather employees may advance by a prescribed per cent increase within the range of their pay grade. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 14 Personnel Policy Revisions (Board of County Commissioners Review) Page 15 of 35 3.8.1 Salary Casual part-time positions are not budgeted, regular (benefits - Adiustments — eligible) positions included in the classification plan. Employees in Casual Part- such positions may be eligible for salary adjustments during times time when such adjustments are approved for regular (benefits - eligible) Employees employees. The amount of such increases for this group of employees will be subject to the availability of funds contained in the budget and in accordance with eligibility guidelines established at the time of the adjustment. 3.4-71 Emergency Reg 4ar­ eEmployees who perform emergency duty may be else 6 Pay required to re-record time worked as special emergency pay. The use of recording time as special emergency pay and guidelines regarding its use will be determined at the time an emergency that requires employees perform emergency duty has been declared. 3.4-71 Emergency Non - exempt employees required to report to work or remain at work 6.1 Pay in response to the emergency shall be compensated at their regular Non - Exempt rate of pay for all hours worked_ Employees pay for- that period of time , nstit ,t;.,g all art oftheir- regularly sell .a..',.a ..,,..a, shi-A. Any overtime that may result will be paid in accordance with the "overtime pay" policy. Additionally, non- exempt employees required to work or remain at work, in response to the emergency, and the work is outside of their regular work schedule or during a period of administrative leave for which they would otherwise be eligible because their office is closed, will be granted an amount of paid leave that is equal to such hours worked. The leave must be used within 90 days from when it is granted or by the end of the fiscal year, whichever is greater. The leave will not be paid out upon termination or change to a status that makes the employee ineligible for paid leave. 3.4-71 Emergency 6.2 Pay FLSA exempt employees Exempt required to work during an emergency, they fflay r-eeei Employees ail OF PaA Of th@i . ,.o,.U4ar-i.. WH@a„ioa . ,,,v sH;r. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 15 Personnel Policy Revisions (Board of County Commissioners Review) Page 16 of 35 are not eligible for emergency pay. They will be paid according to their regular base salary. , Exempt employees required to work or remain at work outside of their regular work schedule or during a period of administrative leave when their office was otherwise closed, in response to the emergency, will be granted an amount of paid leave that is equal to such hours worked. The leave must be used within 90 days from when it is granted or by the end of the fiscal year, whichever is greater. 3.3-71 Emergency Non - exempt Eemployees designated to remain available for call -in 6.3 Pay for the duration of the emergency shall receive on -call pay in On -Call Pay accordance with the on -call pay provisions in this Article. On -call duty is when the employee must be available to receive calls and report to duty immediately if needed. This is different from when employees are scheduled to report to emergency duty at a predetermined time or are scheduled to call their supervisors at stipulated times. They would not be eligible for emergency on -call pay. There is a special emergency on -call pay code for the time sheet. 3.4-71 Emergency Emergency pay shall commence for a non - exempt employee at the 6.4 Pay time the employee receives the call to report for duty and will Call-Back Pay continue until the employee returns home. An employee who resolves emergency issues via telephone shall be compensated for all time spent on the call with emergency pay, using the emergency pay code. The minimum work time provision described under the Call Back Policy in this Article shall not apply in these incidences. 3.4-71 Emergency Non - exempt li mployees reporting for emergency duty shall be 6.6 Pay compensated for travel time and mileage reimbursement for travel Travel Time from home to the emergency site and back home. This time shall be compensated as emergency pay, using the emergency pay code on the time sheet. Mileage reimbursement shall be at the established county rate. 3.4-71 Emergency A.R non - exempt employee who is required to be on duty for less than 6.7 Pay 24 hours is considered to be working even if allowed to sleep during Sleep Time on -duty times when he or she is not busy. The sleep time is considered to be hours worked even if the employee is provided with sleeping facilities on the employer's premises. If an employee is New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 16 Personnel Policy Revisions (Board of County Commissioners Review) Page 17 of 35 required to be on duty for 24 hours or more, sleep time may be excluded if all of the following conditions are met: a. The employer and employee have made a written or implied agreement to exclude a bona fide regularly scheduled sleep period of not more than 8 hours or less than 5 hours. b. The employer provides the employee with adequate sleeping facilities. c. The employee can usually enjoy an uninterrupted night's sleep. Sleep time may traverse two (2) days. Show actual sleep time on each day. 3.4-71 Emergency When a++ non - exempt employee volunteers (with prior approval by 6.8 Pay the supervisor and department head) or is assigned to perform Duty in Other emergency - related work in another jurisdiction, such time shall be Locales compensated as emergency pay in accordance with the provisions in this Article, using the emergency pay code on the time sheet. Travel time between home and work and back, as well as travel from work site to work site shall be compensable. 317.9 Emer-gene 2-44 assigned duties .,,.moss of the emefgeney situation, eligi e- Article 4 — Employment This article of the personnel policy is related to "employment." In addition to the change in title from Human Resource Director to Chief Human Resources Officer and the reference to "benefits- eligible" to regular positions, recommended revisions are due to the position status of casual part-time and clarification required within this policy, as well as our current practices with our electronic applicant tracking /on- boarding system_ The revisions are below: 4.3 Recruitment As a position becomes vacant, the hiring department will submit a Procedures requisition to fill the vacancy to the Human Resources r'^*^rDepartment for review and approval by the Chief Human Resources Officer. The Chief Human Resources Officer may approve filling casual part-time or temporary position New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 17 Personnel Policy Revisions (Board of County Commissioners Review) Page 18 of 35 vacancies, after determining the hiring department has sufficient funds in its texper-af} salafi udget to support the position. Upon approval to fill position vacancies, the Human Resources Department will publicize employment opportunities by posting position vacancies on the County website and through other recruitment sources to reach as wide a geographic area as is necessary to attract a good pool of well - qualified applicants from both the general population of potential applicants and protected group minority applicants. A hiring department may request that a recruitment opportunity be open only to departmental employees (intra - departmental recruitment announcement) or to County employees (interdepartmental recruitment announcement). If approved by the Chief Human Resources Dir-eeto Officer, the position vacancy will be advertised in the appropriate department(s) and those County employees who may apply must submit a completed County application form in a timely manner. Applications will be processed by the Human Resources Department and appointments will be made in the same manner as outlined in the above sections. Recruitment announcements will s*ww,&Fiz_—include a description of the available position(s), the minimum qualifications required and preferred, salary information, and application instructions. Also, they will contain assurances of equal employment opportunity with the County. 4.5 Employment Human Resources Department staff will receive applications for Selection advertised vacancies, process the applications, and screen the Procedures applications for qualifications. They may conduct preliminary screening interviews with selected applicants. They may also make appropriate records and other suitability checks. They will select and refer a manageable number of the most suitably qualified applicants to the hiring department for interview and further selection activities. The hiring department will conduct interviews and reference checks and consult with Human Resources Drior to makin a iob offer to the selected candidate(s). It will Ratify h° update the applicant tracking system indicating the reasons for selection or rejection of each of the candidates. The hiring department will make the offer of employment contingent upon a successful pre - employment drug screening. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 18 Personnel Policy Revisions (Board of County Commissioners Review) Page 19 of 35 Article 5 — Separation, Reemployment In addition to changes in title from Human Resources Director to Chief Human Resources Officer and references to "benefits- eligible" for regular positions, revisions include a reference to casual part -time status, where relevant, as well as some text modifications as appropriate_ Revisions to the various sections are below: 5.1.1 Resignation Employees may voluntarily resign from employment with the County at any time. A minimum of two (2) weeks' notice is expected of all resigning personnel. Such notice should be given to the department head (or in the case of department heads, the County Manager)_ If an employee does not report to work or keenaintain contact with his or her supervisor for three (3) days or at the end of an approved leave of absence, it will be considered voluntary resignation. If the department head determines that it would be in the department's best interest for the employee not to serve out a notice, he or she may accept the resignation and make it effective before the end of the full notice given_ 5.1.4 Disability An employee may be separated for disability when the employee cannot perform the essential functions of his/her job because of physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence, as certified by a licensed physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, ati effe rt a reasonable attempt shall be made to continue the employee's service by making reasonable accommodations, including transfer of the employee to a vacant position for which the employee is qualified. An employee may be eligible for disability benefits, including disability retirement in some cases. He or she should contact a Human Resources Department staff member to ascertain eligibility. 5.1.5 Dismissal The County may terminate the employment of an employee at any time, with or without cause, so long as the action is not the result of unlawful discrimination or the violation of some other employment law. With a casual part-time employee, temporary employee or a regular New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 19 Personnel Policy Revisions (Board of County Commissioners Review) Page 20 of 35 (benefits - eligible) -employee in the introductory period, the dismissal can be immediate and done without engaging in a formal process. However, the department head or supervisor should tell the employee the true reason(s) for the action. If the affected employee is in a regular (benefits - eligible) position and has completed the introductory period, the supervisor must give the employee the due process of a pre - dismissal hearing before making a decision. Until such hearing and decision, the department head may allow the employee to work or may place the employee on administrative suspension with or without pay. Regular (benefits - eligible) employees who have satisfactorily completed the introductory period of employment have the right to appeal a dismissal action, in accordance with the appeal procedures contained in Article 9 of the personnel policy. Casual part-time, temporary and regular (benefits - eligible) introductory period employees do not have a right to appeal. 5.1.7 Death Separation will be effective as of the date of death. All compensation due in accordance with Article 7 of this policy will be paid to the estate of the employee. T_ h—is °°etion ^'°^ ap ^lies to any °'°^* °a Ne, 5.2 Types of Former employees may be reemployed if they resigned in good Reemployment standing. Former employees may be reinstated within one year following being laid off in a reduction -in- force_ ai+d4They may be reinstated following a military leave of absence. Article 6. Conditions of Employment This article contains a variety of policies related to conditions of employment. In addition to changes in the title of Human Resources Director to Chief Human Resources Officer and the reference to "benefits- eligible" for regular employees, revisions include the addition of the casual part-time position status, as appropriate. There are also minor revisions to policies related to weapons in the workplace and an alcohol and drug -free workplace. Those policies containing those minor revisions are below: 6.17.1 Workplace This policy provides for: Violence Policy a. A reporting /complaint procedure for any individual who Statement experiences or witnesses behavior prohibited by this policy; b. A response procedure for supervisors who become aware of behavior prohibited by this policy; New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 20 Personnel Policy Revisions (Board of County Commissioners Review) Page 21 of 35 c. Accountability for violations or enforcement failures through appropriate disciplinary actions; d. Actions by the County to heighten employees' and supervisors' awareness of workplace violence issues, including domestic violence as it relates to the workplace; e. Supporting victims of workplace or domestic violence; f. Fostering a climate of trust and respect among workers and between employees and management; and g. When necessary, seeking advice and assistance from outside resources, including threat assessment; psychologists, psychiatrists and other professionals, social service agencies, and law enforcement. This policy prohibits any acts of aggression or violence from any individual while on County property or against a County employee acting as a representative of the County, whether on County property or not. These acts include but are not limited to: a. Any act or threat of bodily harm or property damage, including subtle or implied threats to an individual or his or her family, friends, or associates. (A threat is the expression of an intent to cause physical harm or property damage as would be perceived by a reasonable person, without regard to whether the party communicating the threat has the present ability to carry it out; whether the threat is subtle or overt in nature; or whether the expression is contingent, conditional or future). b. Fighting or other physical altercations. (A physical altercation is unwanted or hostile physical contact such as Fighting, hitting, pushing, shoving, throwing objects, grabbing, touching or any unwanted physical contact.) c. Unauthorized possession or use of any weapon or caustic /dangerous chemicals, whether concealed or visible, on County property, except by sworn law enforcement officers or other employees as required to perform their job duties or as otherwise allowed by law. d. Use or threat of use of weapon on/in County property. (A weapon includes, but is not limited to, firearms, explosives, caustics /chemicals, ammunition, knives or other dangerous or deadly weapons.) Use of other items as weapons, such as a tool or furniture, is also prohibited. e. Use of language which would be regarded by a reasonable person as likely to invoke violence. f. Repeated following of another individual, known as "stalking" or threatening another person with the intent to place the other person in reasonable fear of his/her safety. g. Making harassing or threatening phone calls, letters or other forms of written or electronic communications. h. Intentionally damaging or threatening to damage County or employee property. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 21 Personnel Policy Revisions (Board of County Commissioners Review) Page 22 of 35 6.18 Weapons in The County believes it is important to establish a clear policy that the Workplace addresses weapons in the workplace. All persons who enter County buildings are prohibited from carrying a handgun, firearm, knife, or other weapon of any kind regardless of whether the person is licensed to carry the weapon or not. The only exception to this policy will be police officers, deputy sheriffs, security guards or other persons who have been given written consent by the County to carry a weapon on the property. Any employee disregarding this policy will be subject to immediate dismissal. 6.19.1 Alcohol and This policy provides for: Drug Free a. Assistance in treatment and rehabilitation for employees who Workplace notify an appropriate authority in their department or in the Policy Human Resources Department of an abuse problem prior to being discovered. In such cases, medical plan coverage is provided for both inpatient and outpatient treatment of employees who have County medical insurance coverage and the use of accrued leaves may be approved for treatment and rehabilitation purposes. b. Training and guidelines for employees and supervisors. c. Drug and alcohol abuse testing: pre - placement; post- accident; reasonable suspicion; random; and return-to -duty and follow -up. d. Accountability for violations or enforcement failures through appropriate disciplinary actions. This policy prohibits: a. The unauthorized use, consumption, possession or storage, manufacture, distribution, dispensation or sale of alcohol, controlled substances, illegal drugs or drug paraphernalia on County premises or any County work area, in County vehicles, or while on County business. b. Reporting to work or working while under the influence of illegal drugs, non - prescribed drugs or alcohol, on County premises or any County work area, in County vehicles, or while on County business. c. The use or possession of alcohol or illegal/unauthorized drugs off County premises and while not on duty where such conduct could likely have a direct and material adverse impact on the County's interests, including public image. d. Conviction of selling illegal/unauthorized drugs or of possession with intent to sell illegal/unauthorized drugs at any time or place. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 22 Personnel Policy Revisions (Board of County Commissioners Review) Page 23 of 35 Conviction of any criminal drug or alcohol statute at any time or place —for some positions, to be evaluated on a per- case -basis for relevancy to job. e. Failure to notify the County of any arrest or conviction under any criminal drug or alcohol statute by the next work day following the arrest or conviction. f. Failure to notify the employee's supervisor, before beginning to work, that the employee is taking prescription or over - the - counter drugs which may interfere with the safe and effective performance of duties. g. Refusal to immediately submit to an alcohol and drug test when requested by a supervisor, in accordance with this policy. h. Failure to adhere to the requirements of any drug or alcohol treatment program in which the employee is enrolled as a condition of continued employment. i. Tampering with or obstruction of a drug or alcohol test being administered by or for the County. 6.19.2 Alcohol and The uti ffl ,. Resat ees Dir -eetof hief Human Resources Officer is Drug Free responsible for administering this policy and ensuring that employees Workplace are informed of the County policy during the new employee policy— orientation. The Chief Human Resources Pir-eeto Officer, under the Responsibility direction of the County Manager, will approve and be the focal point for the selection of new employees and for disciplinary measures to be taken with current employees based on guidelines described in this policy. Any confidential information on substance abuse may be communicated by the Human Reso fees n ° ^ * °rChief Human Resources Officer to the proper authority on a need -to -know basis. A list of positions designated to be safety- sensitive for special actions, such as random testing, will be maintained by the 14ttffl Resources Dir°etofchief Human Resources Officer and will be made available upon request. Alcohol and drug free workplace issues in the Sheriff's Office will be the responsibility of the Sheriff. The Sheriff will be responsible for reporting tests results as required to the North Carolina Sheriff's Education and Training Standards Commission on employees holding certification from that Commission. Department directors are responsible for the proper application of the procedures in their departments and for holding supervisors accountable for the daily implementation of the policy. Department directors and supervisors shall be responsible for identifying abuse - related behavioral and performance problems, following the proper referral for testing, and taking appropriate New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 23 Personnel Policy Revisions (Board of County Commissioners Review) Page 24 of 35 disciplinary measures. Failure to take action when the supervisor has reasonable cause to believe an employee is impaired while at work will result in disciplinary action being taken against the supervisor. If in doubt about what action to take, the supervisor should consult with the department director, the u,.,f.ai R,,..,.,.,.ees Difeeterr hief Human Resources Officer or the County Safety Officer. It is also the supervisor's responsibility to protect the privacy, confidentiality, and dignity of employees by minimizing the number of employees who learn of suspicions involving a co- worker's possible substance abuse or actions taken against that employee. As a condition of employment, all employees are responsible for knowing and following the requirements of this policy. Employees are expected to report for work and perform their jobs in a sober condition, free of any illegal unauthorized drugs or alcohol, or abuse of any legal prescribed or over - the - counter drugs. Employees shall inform their supervisor if they are taking or intending to take any prescribed or over - the - counter drugs or other substance which might impair their ability to satisfactorily and safely perform their job. They need not give the supervisor specific medical information, but rather simply inform the supervisor of the impact on job performance to allow the supervisor to evaluate and determine the appropriate course of action. Article 7 — Leave Policies Policies contained in Article 7 pertain to various types of paid and unpaid leave. Generally speaking these policies apply to regular (benefits- eligible) employees. A number of changes include adding "benefits- eligible" references of regular position status and adding the position status of casual part- time, as appropriate, as well as changes in the title of Human Resources Director to Chief Human Resources Officer. Other recommended revisions include: • Section 7.3.2, Sick Leave — Maximum Accumulation: Removal of the maximum hours of sick leave allowed for creditable service in the retirement system. There is currently no required maximum from the retirement system. • Section 7.4.3, Sick Leave Bank Procedures — Withdrawal: Removal of a consecutive 5 -day minimum to use the sick leave bank (Item D). • Section 7.5.4, Use of Personal and Sick Leave Prior to Leave Without Pay: Replace "market" adjustment with "salary" adjustment. • Section 7.6, Workers' Compensation Leave: Adds an additional provision to clarify that employees may not use paid leave during periods of pay through Workers' Compensation. • Section 7.8.2, Military Leave — Pay Differential Policy: The recommended revision expands this policy to provide employees with 10 days of paid military leave to be used for active duty training, inactive duty training, and summer camp that takes place during their scheduled work New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 24 Personnel Policy Revisions (Board of County Commissioners Review) Page 25 of 35 hours. Employees will still be allowed to claim additional 10 days of military pay differential, following use of the paid military leave. Section 7.10.1, Administrative Leave — Policy: Aligning with recommended changes to the "emergency pay" policy, this revision clarifies employees required to perform work in response emergencies, either outside of their regular work schedule or during periods when they would be eligible for administrative leave due to their offices being closed, will only receive pay for the actual hours worked. They will not receive pay for hours worked and administrative leave pay. Instead, these employees will be granted paid leave for such hours worked, which must be used within 90 days or by the end of the fiscal year, whichever is later. Sections referenced above containing the mark -ups follow: 7.3.2 Sick Leave— Sick leave will be cumulative for an indefinite period. For retirement Maximum purposes, all unused sick leave transforms into creditable service. Accumulation For every 20 days of unused sick leave the retiring employee has, he or she receives one month of creditable service_ ..ley@@ e .mot hp e4:e 4o.l 4;:w siolc Iva-yo ; of...l,.,t tl;o 7.4.3 Sick Leave a. When an employee has a catastrophic situation as defined above, Bank he or she may request sick leave from the bank by submitting a Procedures— completed Leave Request Form and supporting medical Withdrawal certification to his or her supervisor or department director, who will process it through to the Ll,.,f.,,.. D,...,._.fee r"r t rChief Human Resources Officer or his designee. b. It is the employee's responsibility to submit timely requests with required supporting medical documentation. Employees are advised to apply for leave at least two (2) weeks prior to the exhaustion of all leave. Individual circumstances will be examined for timeliness of request, but generally retroactive requests will not be approved. c. The submitted form must be complete and include the physician's certification that the employee is required to be absent from work for the specified period. d. Each request must be in increments of whole days, a-Rd for- tie less 44aa 4 /GA „ „t;. days. e. e e Intermittent leave, i.e., an hour or day here or there, is not an acceptable use and will not be approved. f. The maximum number of hours granted to a full -time employee within a plan year is 240. The maximum number of hours granted to a part-time employee within a plan year will be a prorated amount, based on the employee's position FTE. g. Leave will not be granted to employees for the period of time they receive short-term or long -term disability benefits. Leave may be granted for the disability benefit waiting period (provided they have no leave balances to otherwise the absence). The 14= New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 25 Personnel Policy Revisions (Board of County Commissioners Review) Page 26 of 35 D Div- ee+arChief Human Resources Officer or his designee will consult with the employee's department head, and will review the employee's file to determine if the employee is eligible to receive the requested leave. h. The u..,l,.,. R eset ffees T"°p-p-*erChief Human Resources Officer or his designee will review the employee's attendance records to determine if a history of excessive leave usage is documented. FMLA leave will not be considered as excessive leave usage. i. The Ht ff .,.-H D,...,..,,.ees Dir- eto Chief Human Resources Officer or his designee will notify the employee and the employee's department head of the determination within five (5) business days of receipt of the request. j. Employees do not have the right to appeal the u„ffia- R Di-ec�hief Human Resources Officer's, or his designee's, determination. k. When a request for sick leave bank hours is granted, the Human Resources Department will credit the approved number of hours to the employee's sick leave account for the employee's approved use. 1. The Human Resources Department will monitor the usage of credited hours in the employee's sick leave account and reserves the right to debit the account if abuse is determined. m. Credited hours in the employee's sick leave account not withdrawn for approved use will be returned to the bank rather than remain in the employee's sick leave account. n. Withdrawn days will be counted towards the employee's FMLA entitlement if the period of absence qualifies as FMLA leave. o. In cases of demonstrated abuse of sick leave privileges, the County may require a health care provider's certificate verifying that an employee's absence was due to illness for each occasion on which an employee uses sick leave or personal leave for reasons of sickness. p. A supervisor or department head desiring a health care provider's certificate from an employee shall notify that individual of the requirement and specify that all such certifications are to be submitted to the Human Resources Department. q. Information received in the Human Resources Department will be reported to the concerned supervisor or department on a strict need -to -know basis. r. Medical certifications of an employee's ability to resume duties following an extended absence shall be in accordance with the Family and Medical Leave Act (FMLA) and the FMLA provisions in this policy. 7.5.4 Use of An employee may use personal leave before going on leave without Personal and pay and continue to be in a leave accruing capacity, be eligible to take New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 26 Personnel Policy Revisions (Board of County Commissioners Review) Page 27 of 35 Sick Leave sick leave, be entitled to holiday pay, be eligible for merit increases Prior to Leave or ffhwket-salary adjustments, and be eligible to receive the benefits Without Pay offered under the County's group insurance policies while exhausting personal leave. If an employee desires to go on leave without pay for reasons of personal disability, the employee may be permitted to use accumulated sick leave first, except when drawing Workers' Compensation payments. A physician will indicate in writing when the period of disability actually begins and ends. An employee in the process of using accumulated sick leave will continue to be in a leave earning capacity, be entitled to holiday pay, be eligible for merit increases or wiagie+-salary adjustments and be eligible to receive the benefits offered under the County's group insurance policies. 7.6 Workers' Under the N. C. Workers' Compensation Act (hereinafter referred to Compensation in this section as the Act), employees may be compensated for Leave absence from work due to injury or illness covered by the Act, subject to the following leave provisions: a. For the first seven (7) calendar days of absence from work due to the injury or illness, employees have two leave options: They may either use approved sick or personal leave or they make take leave without pay. b_Beginning on calendar day eight (8) following the injury or illness, employees who have not returned to work shall be placed in a Workers' Compensation Leave without Pay status until their return to work. I}c. Employees are not eligible to use paid leave, i.e., personal, sick or holiday leave during periods paid under Workers' Compensation. e- !.Employees in a leave without pay status will retain all accumulated sick and personal leave while receiving Workers' Compensation benefits. 4.e. Temporary employees will go directly to a leave without pay status and will receive all benefits for which they are eligible under the Act. e-f. Upon reinstatement, an employee's salary will be computed on the basis of the last salary plus any salary increase to which the employee would have been entitled during the absence covered by Workers' Compensation benefits. €g_When an employee with a Workers' Compensation claim who has returned to work is directed by County, as part of the treatment plan, to be absent from work for follow -up doctor's visits or medical treatment, the absences during his or her normal work hours will be compensated as hours worked. gh.Any period of leave without pay for a Workers' Compensation disability that qualifies as a "serious health condition" under the Family and Medical Leave Act (FMLA), will run concurrently with FMLA leave. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 27 Personnel Policy Revisions (Board of County Commissioners Review) Page 28 of 35 h-i. New Hanover County's personnel policies shall continue to apply to an employee on Workers' Compensation leave in the same manner as they would apply to an employee who continues to work, or is absent while on some other form of leave. Under the Act, employees are not compensated for the first seven (7) calendar days of the absence, unless the expected duration of the absence is twenty -one (21) or more calendar days. If the duration turns into twenty - one (21) or more calendar days, they receive retroactive Workers' Compensation benefits for the first seven (7) calendar days. 7.8.2 Military Regular (benefits - eligible) employees will be eligible for paid Leave —Paid military leave and may additionally choose whether to use military Military Leave leave (leave without pay), accrued personal leave (leave with pay), or and Military some combination thereof for these absences. For certain periods of Pay military duty, employees choosing to use military leave Differential without pay may receive a pay differential to make up the difference Policy between their regular County wage and military pay received during the period of military leave. The following guidelines outline the County's paid military leave and differential pay practice for regular employees using military leave: a. For absences during regularly scheduled work hours due to training (active duty training, inactive duty training such as scheduled drills and summer camp), fitness- for -duty examination or funeral honors duty, the employee may claim up to ten (10) days of paid military leave per calendar year, which will not carry over from year to year. The employee may claim an additional ten (10) days of differential pay per calendar year for such further absences, provided the days are recorded as military leave and the military basic pay is less than the employee's regular County pay. b. For periods of active duty, other than for purposes of training, fitness- for -duty examination or funeral honors duty, the employee may receive differential pay for a maximum period of six (6) consecutive months per calendar year, provided the days are recorded as military leave and the military basic pay is less than the employee's regular County pay. c. To claim differential pay, the employee must submit a copy of his/her military orders, pay vouchers, and other appropriate documentation evidencing performance and compensation pertinent to the military duty. Regular (benefits - eligible) employees choosing to use personal leave (paid leave) rather than military leave for the period of military duty will not receive differential pay. 7.10.1 Administrative The County Manager may declare periods of administrative leave New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 28 Personnel Policy Revisions (Board of County Commissioners Review) Page 29 of 35 Leave — Policy during which eligible employees may receive administrative leave pay for any time they were unable to work during their regularly scheduled work hours due to the closing. Administrative leave may be designated for full days or partial days and for selected or all County offices, depending on the circumstances. Unless deemed ineligible for administrative leave pay, employees shall not be required to charge the use of personal leave or take leave- without -pay for lost work time. Administrative leave covers only the employee's regular hours of work on those days the employee is scheduled to work. It does not cover the periods of unscheduled or overtime work performed in relation to an emergency. Where work is performed in response to an emergency by an employee who is eligible for administrative leave during declared administrative leave period(s), the employee shall be granted an amount of paid leave that is equal to such hours worked. The leave must be used within 90 days from when it is granted or by the end of the fiscal year, whichever is greater.r ° ^° ^° ° ^ ° —A leave pay. The leave will not be paid out upon termination or change to a status that makes the employee ineligible for paid leave. The leave will not be paid out upon termination or change to a status that makes the employee ineligible for paid leave. Every employee eligible for administrative leave who would otherwise be in an "at work" status when administrative leave is declared may receive the benefit of that leave. However, employees in an approved leave status (sick, personal, leave without pay) that is scheduled to last the duration of the administrative leave shall not be eligible for administrative leave. When the pre- approved leave is scheduled to end prior to the end of administrative leave, the employee shall be eligible for that leave on the date they are scheduled to return to work. Employees in an unapproved leave status immediately preceding, during or immediately following the declared administrative leave period shall not be eligible for administrative leave pay. Employees directed by official notice to evacuate their homes are entitled to administrative leave prior to the official start of the declared administrative leave period. Administrative leave for these employees will begin at the point the evacuation order is issued and upon notification to appropriate supervisory personnel. If the evacuation is completed before administrative leave begins, the employee should report back to work or request to use personal leave. Administrative leave for eligible employees required to work the first emergency shift may begin prior to the official start of administrative leave, at the discretion of the County Manger. This will allow those New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 29 Personnel Policy Revisions (Board of County Commissioners Review) Page 30 of 35 employees time to prepare for the emergency and rest prior to reporting for their shift. Employees returning home at the end of a shift to sleep before reporting for their next shift are not entitled to administrative leave between shifts. Administrative leave does not count as hours worked for overtime purposes. Article 8 — Performance, Discipline Policies contained in this article are related to performance, under our current performance management process (PMP), and discipline that may result from failure in performance of duties and conduct. Other than references to "benefits- eligible" for the regular position status, the addition of casual part-time position status, and title changes from Human Resources Director to Chief Human Resources Officer, we are recommending revision to two sections. The recommended change in Section 8.1, Performance Management Policy, adds a requirement that casual part-time employees must be evaluated at least once per year under the PMP, in order to determine their continued employment. Section 8.1.1, Performance Management Procedures, removes the reference to the "PMP manual." That was from our old PMP system. Recommended changes for the two sections are below: 8.1 Performance The County administers a performance management process (PMP) Management encompassing a full cycle of work planning, performance monitoring Policy and feedback throughout the job performance review period, and performance evaluation. Every regular (benefits - eligible) employee must receive a minimum of one performance evaluation in each fiscal year, regardless of whether or not merit funding is available. Casual part-time employees; must also be evaluated under the PMP, e+ °rr^rm °^^° of temporary ° plo °°°at least once per fiscal year, in order to determine f ° ae.,...m:r,,.:,,r F continued employment. 8.1.1 Performance When the process is done in accordance with the PMP principles and Management guidelines, employees and their supervisors work together to Procedures establish performance expectations and how performance will be measured at the beginning of the performance review period and performance feedback is given throughout the review period so that there are no surprises at the time of the performance evaluation. A supervisor may use the coaching methods provided in the PMP as New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 30 Personnel Policy Revisions (Board of County Commissioners Review) Page 31 of 35 an informal, early -on alternative to disciplinary action in some cases of job performance deficiencies. These coaching sessions should establish the corrective actions needed to meet expectations and the time frame for improvement, as well as the consequences for failure to meet the expectations, and they should be documented and maintained in the supervisor's file for the employee. Article 9— Appeals and Grievances Changes being recommended include the term "benefits- eligible" for references to employees in a regular position status and in the title from Human Resources Director to Chief Human Resources Officer. Article 10 —Employee Benefits In addition to adding the term "benefits- eligible" where we reference employees in a regular position status or changes in the title from Human Resources Director to Chief Human Resources Officer, we are recommending a few minor revisions in four sections of this article. • Section 10.1.2, Medical and Dental Insurance Enrollment, eliminates the reference for a waiting period due to pre- existing conditions. That is no longer valid. • Section 10.1.3, Medical and Dental Insurance Effective Date, eliminates specifying the effective date as the first day of the month following 30 days of employment. The effective date is set in our payroll schedule. This allows us flexibility, either as a policy and practice, as well as with any requirement under the Affordable Care Act. • Section 10.1.4, Medical and Dental Insurance Dependent, eliminates the wording regarding a legal marriage with a person of the opposite sex. • Section 10.2, Retirement Benefits, clarifies that enrollment in the retirement system is based on at least 1,000 hours worked in any consecutive 12 -month period. The sections referenced above and recommended changes follow: 10.1.2 Medical and New Employee Enrollment: Eligible employees are first eligible Dental for enrollment for medical and dental coverage as a newly hired Insurance employee. They are offered coverage and must enroll or waive Enrollment coverage at that time. Open Enrollment: Employees are given the opportunity annually during open enrollment to make changes in their medical and dental plans. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 31 Personnel Policy Revisions (Board of County Commissioners Review) Page 32 of 35 10.1.3 Medical and Coverage takes effect in accordance with the dates established Dental annually and set forth in the New Hanover County Payroll Insurance Schedule. Effective Date epee=s -39u} . 10.1.4 Medical and Eligible covered employees may enroll their eligible dependents Dental for coverage. Eligible dependents include: Insurance a. The employee's spouse, under a legally valid, existing Dependent marriage w4h a pefsaff of the opposite se*; Coverage b. The employee's unmarried children or the employee's spouse's unmarried children up to age 26 who are the employee's legal dependents; c. The employee's children or employee's spouse's children including newborn children from date of birth, stepchildren, adoptive children from date of placement in anticipation of adoption, foster children from date of placement in a foster home (as defined by North Carolina law), and children for whom medical benefit coverage is required under a court or administrative order, and as determined eligible by the insuring corporation; d. The employee's unmarried child who is mentally or physically handicapped and incapable of self - support, who may be covered under the program regardless of age if the condition existed and coverage was in effect upon attainment of the limiting age. 10.2 Retirement Employees become members of the North Carolina Local Benefits Government Employees' Retirement System (NCLGERS) on their date of hire, if hired as a Mull -time or part-time employee of New Hanover County and their duties require that they work at least 1,000 hours perin any consecutive 12 -month period. Employees who are sworn law enforcement officers shall be enrolled in the North Carolina Local Governmental Employees' Retirement System for Local Law Enforcement Officers on their date of hire, if hired as a Mull -time or part-time employee of New Hanover County and their duties require that they work at least 1,000 hours per- 3 e Pin any consecutive 12 -month period.— Contributions to the appropriate retirement system are deducted from the employee's pay checks and contributions are also made by the County, at a rate determined by the State Department of the Treasurer, Retirement Systems Division. New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 32 Personnel Policy Revisions (Board of County Commissioners Review) Page 33 of 35 Article 11— Personnel Records and Reports This article contains polices relative to the maintenance of records for which Human Resources is responsible. In addition to updating the title from Human Resources Director to Chief Human Resources Officer, revisions are being recommended in the following sections: • Section 11.2, Confidential Information (Item E), is revised to reflect a current change in the law related to the release of information for emergency responders. • Sections 11.2.2, 11.2.3, and 11.5 provide information associated with penalties for unauthorized examination of confidential records or for the unlawful destruction of public records. The revisions denote the penalties are in accordance with North Carolina General Statutes. • Section 11.6.4, References, has been updated to reflect the current website address. Recommended revisions to these sections follow: 11.2 Confidential All information contained in a County employee's personnel file, Information other than the information listed above in this Article will be maintained as confidential in accordance with the requirements of GS 153A -98 and shall be open to inspection only in the following instances: a. The employee or his/her duly authorized agent may examine all portions of his/her personnel file, except (1) letters of reference solicited prior to employment and (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient. b. A licensed physician designated in writing by the employee may examine all materials in the employee's medical records. c. A County employee having supervisory authority over the employee may examine all material in the employee's personnel file. d. By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court. e. An official of any agency of the State, of federal government, or of a political subdivision of the State, may inspect any portion of a personnel file when such information is deemed by the County Manager to be necessary and essential to the pursuance of a proper function of the inspecting agency; but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the Httiii,.,. D ............. s D4eetofCbief Human Resources Officer may release the name, address and telephone number from a personnel file for the purpose of assisting in a criminal investigation, unless otherwise prohibited by North Carolina General Statutes that pertain to the confidentiality of information for employees who are sworn law New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 33 Personnel Policy Revisions (Board of County Commissioners Review) Page 34 of 35 enforcement officers or firefighters or perform duties that include responding to emergencies. f. An employee may sign a written release, to be placed with his/her personnel file, that permits the u..,i,.-H R,,.,,...,.ees T 4teetar-Chief Human Resources Officer or his/her designee(s) to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. g. The County Manager, with concurrence of the Board of County Commissioners, may inform any person of the employment or non - employment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or dismissal of a County employee and the reasons for the personnel action. Before releasing the information, the County Manager shall determine in writing that the release is essential to maintaining public confidence in the administration of County services or to maintaining the level and quality of County services. This written determination shall be retained by the Clerk to the Board of County Commissioners, is a record available for public inspection, and shall become part of the employee's personnel file. h. Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. A record shall be made of each disclosure and placed in the employee's personnel file. 11.2.2 Penaltv for GS 153A -98 provides that any public official or employee who Permitting knowingly and willingly permits any person to have access to any Access to confidential information contained in an employee personnel file, Confidential except as expressly authorized by a designated custodian, is guilty of File by misdemeanor and upon conviction shall be fined in an afflaui4 tiat t& Unauthorized ^° °a 4five, i idr-e a^ "^r° iecnn nn` accordance with the North Person Carolina General Statutes. 11.2.3 Penalty for GS 153A -98 provides that any person, not specifically authorized to Examining or have access to a personnel file designated as confidential, who shall Copying knowingly and willingly examine it in its official filing place or Confidential remove or copy any portion of a confidential personnel file, shall be Material guilty of a misdemeanor and upon conviction shall be fined in the without discretion of the court, h-ut 44R-` i 4q ew e eas s „f fiv, 1..m44:p,a ' RIIFi Authorization ($599 -99)- and in accordance with the North Carolina General Statutes. 11.5 Destruction of No public official may destroy, sell, loan, or otherwise dispose of any New Hanover County Department of Human Resources 910.798.7178 Mark Francolini, Chief Human Resources Officer FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 34 Personnel Policy Revisions (Board of County Commissioners Review) Page 35 of 35 Records public record, except in accordance with GS 121 -5, without the Regulated consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept or alters, defaces, mutilates, or destroys it will be guilty of a misdemeanor and upon conviction will be fined r� Ellin .., (S10.00), bto ff„ ,f.,,,.,. •1t-„A r,v,. huff ,.,.a Elan fs (S500.00), as provided in GS 132 -3. 11.6.4 References http: / /www.history.ncdcr.gov/ tto4 ^ ^ ^ ^^ record° nod^^ gov http://www.ncdcr.gov /resources /records- management Article 12 — Implementation of Policy The only change to Article 12 is to revise the effective date that the policy was fully reviewed, as identified below. 12.3 Effective Date This policy is effective May 16, 1977. This policy is most recently fully reviewed and modified effective n + � Law 19, 2009 December 14, 2015. New Hanover County Department of Human Resources Mark Francolini, Chief Human Resources Officer 910.798.7178 FAX: 910.798.7179 Board of Commissioners - December 14, 2015 ITEM: 11- 1 - 35 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: IT PRESENTER(S): Leslie Chaney, Chief Information Officer CONTACT(S): Sharon Lane Smith, Information Systems Supervisor; Lena Butler, Purchasing Supervisor SUBJECT: Approval of Award of Cost Per Copy Program to CopyPro, Inc. BRIEF SUMMARY: The County currently has a cost per copy program which began in 2010. This program is administered by CopyPro which was set to end on June 30, 2015; however, the contract was extended through December 31, 2015, to allow time for a new solicitation and contract to be awarded. On July 22, 2015, the County issued the solicitation and proposals were received on September 25, 2015. Five (5) vendors responded to the solicitation and proposals were evaluated and scored on the criteria listed in the Request for Proposals (RFP). The top two vendors, CopyPro and Systel, were invited to deliver presentations before the evaluation committee on October 27, 2015. Copypro emerged as the vendor of choice due to: 1. Priority performance monitoring for our VIP users 2. Bizhub Secure for hard drives 3. Lowest Price for Cost per Copy Program Additionally, staff negotiated with CopyPro on the cost per copy for black and white prints. This negotiation allows the vendor to keep 14 of the 148 units in place at a negotiated price of $.0180 per page instead of $.0202 per page. These units were installed less than 12 months ago and by industry standards are considered new. All other units will be replaced with new equipment. The cost for color prints will remain at $.0400 per page. If approved, this contract will be effective for a 36 -month term and the County may elect to extend the term for an additional two (2) years after the initial term expires. The estimated yearly expenditure for the program is $156,057 which will be charged to each County department based on their actual use. This is based on 8,136,754 black and white copies at $.0180 per page and 239,874 color copies at $.0400 per page. STRATEGIC PLAN ALIGNMENT: Effective County Management • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Award Cost Per Copy Contract to CopyPro and authorize County Manager to execute the contract, contract form to be approved by the County Attorney. ATTACHMENTS: Board of Commissioners - December 14, 2015 ITEM: 12 Resolution Letter of Recommendation Vendor Pricing Evaluation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISIONERS RESOLUTION AWARD OF BID FOR COST PER COPY PROGRAM WHEREAS, on September 25, 2015, proposals were received by Lena Butler, Purchasing Supervisor, from the following vendors to provide the County with a multi- function copier solution based on a fixed cost per copy countywide; and • Canon Solutions America, Inc. • Copiers Plus, Inc. • CopyPro Ricoh USA, Inc. • Systel Business Equipment WHEREAS, after careful consideration, the evaluation committee recommends that the contract be awarded to CopyPro, Inc., the current provider due to: 1. Priority performance monitoring for our VIP users; and 2. Bizhub Secure for hard drives; and 3. Lowest price for Cost per Copy Program. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide a cost per copy program to the County be awarded to CopyPro, Inc., and that the County Manager is hereby authorized and directed to execute the contracts, contract form to be approved by the County Attorney. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 12- 1 - 1 1}NTY: Q F r S�ABLISH�� �� From: Lena Butler, Purchasing Supervisor To: Bidders Subj ect: Recommendation for Award of RFP # 16- 0052 -Cost Per Copy Program to COPYPRO Date: November 30, 2015 On September 25, 2015, proposals were received from the following vendors in response to the County's Request for Proposals (RFP): • Canon Solutions America, Inc. • Copiers Plus, Inc. • Copypro* • Ricoh USA, Inc. • Systel Business Equipment* All proposals were evaluated and scored by a committee consisting of Information Technology staff using the criteria outlined in the REP and two companies emerged as finalist.* These two companies, Copypro and Systel were invited to deliver presentations before the evaluation committee on October 28, 2015 and scored on the following criteria: Highest Ranking is 1 and Lower Ranking is 2 CopyPro Systel CopyPro Systel CopyPro Systel IT 1 IT 1 IT 2 IT 2 IT 3 IT 3 Company Overview 1 1 1 1 1 1 Service Call 1 2 1 2 1 2 Billing Process 1 1 1 1 1 1 Supply Replenishment 1 1 1 1 1 1 Requesting New 1 1 1 1 1 1 Equipment /Changing Existing Gear Website: www.nhcgov.com Professionalism I Integrity I Innovation Lstewardship I Accountability Board of Commissioners - December 14, 2015 ITEM: 12- 2 - 1 Hard Drive Disposal 1 2 1 2 1 2 Implementation Schedule 1 1 1 1 1 1 Training Plans 1 1 1 1 1 1 Additional Items 1 2 1 2 1 1 Cost 1 1 1 1 1 1 Total 10 13 10 13 10 12 AVERAGE Copy Pro 40 # of parties 4 Average 10 Systel 51 # of parties 4 Average 12.75 The presentations were good overall and had a lot of similarities in information presented by the two vendors for the Cost Per Copy contract. However, we saw differences in the material IT requested the vendors present in the areas of service calls, hard drive disposal, and cost. Copypro presented that they can offer the following services: 1. Priority performance monitoring for our VIP users 2. Bizhub Secure for hard drives 3. Lowest price for Cost per Copy Program Consequently, staff recommends that the Cost Per Copy Contract be awarded to Copypro. This item will be considered for approval at the Board of Commissioners meeting on December 14, 2015. New Hanover County sincerely thanks everyone for the time, effort, and expense of preparing and submitting proposals in response to the County's solicitation. Website: www.nhcgov.com Professionalism I Integrity I Innovation Lstewardship I Accountability Board of Commissioners - December 14, 2015 ITEM: 12- 2 - 2 NEW HANOVER COUNTY $ 0.0202 RFP # 16 -0052 $ 0.0455 COST PER COPY PROGRAM $ VENDOR PRICING PPC /Color $ 0.0400 COPIERS PLUS $ 0.0500 OPTION COPIERS PLUS 2 /DEVICES OPTION 1/ W /FAX BOARD DEVICES WITH FOR ANALOG COPYPRO SYSTEL CANON RICOH* RIHT FAX FAX PPC /Black & White $ 0.0202 $ 0.0221 $ 0.0455 $ 0.0216 $ 0.02687 $ PPC /Color $ 0.0400 $ 0.0420 $ 0.0500 $ 0.0424 $ 0.05268 $ QUARTER EXCESS/ OVER 2.1 MILLION OVERAGES /B & W OVERAGES /COLOR 4TH & 5TH YEAR, IF EXTENDED /B &W 4TH & 5TH YEAR, IF EXTENDED /B &W $ 0.0079 $ 0.0221 $ 0.0079 $ 0.0420 $ 0.0500 $ 0.01250 $ 0.02785 0.05290 0.01250 $ 0.05500 $ 0.05500 *Please note that this vendor charges more for 11/17 sheets. Instead of paying for one page, this size sheet is billed as though it were two pages. 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M cr v-i z U 0 N N c 0 U E H E O U O m O CO NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Beth Schrader, Chief Strategy and Budget Officer CONTACT(S): Beth Schrader SUBJECT: Approval of Board of Education Budget Amendment #1 BRIEF SUMMARY: On September 1, 2015 the New Hanover County Board of Education approved Budget Amendment #1. The budget amendment appropriates the Board of Education Fund Balance for items that were originally budgeted in FY 14-15, but actual expenses will occur in FY15 -16. Budget Amendment #1 appropriated $557,129 in fund balance for carryover of school supply allotments, ongoing projects, and Board travel. In addition $300,000 in fund balance was appropriated for nursing services previously funded from Medicaid Related Services, which can no longer be used for this purpose. In addition fund balance is appropriated for all continuation projects funded from State and County sources. An amount of $159,089,546 is carried over in County funds including bond proceeds. The Board of Education budgets capital projects on an annual basis. Expenditures and revenues must be reappropriated if the projects last more than a year. Board of Education Fund Balance is primarily local funding. Commissioners are only required to approve certain budget amendments were local funds are appropriated. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Budget Amendment #1 appropriating fund balance for projects originally budgeted in FY 14 -15. ATTACHMENTS: Board of Education Budget Amendment #1 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - December 14, 2015 ITEM: 13 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 13 APPENDIX F Item: 2015 -16 Budget Amendment #1 Date: September 1, 2015 Department: Finance Background /Historical Context: The attached Budget Amendment is needed to record revenue changes and transfers as described in chart below: Fund Description State To budget State carryover of School Technology ($280,221) and Summer Reading Camp ($183,313) funding, and miscellaneous transfers including contracted service transfers from special education support to special education instruction. General To appropriate fund balance for carryover of school supply allotments, ongoing projects, Board travel, and $300,000 for nursing services previously funded from Medicaid Related Services revenue that may no longer be used for that purpose per DPI. And to record miscellaneous transfers including those between special education support and instructional codes, and between technology purpose codes to cover new web filter. Other To budget carryover for grants and other restricted revenue ($906,907), Restricted along with anticipated revenue from the Chamber of Commerce for Project Revenue Lead the Way ($11,908). Capital Outlay To record carryover for all continuation projects funded from State and County Sources and appropriated fund balance. See attached listing by budget source and project number which includes the Multi -Year project budget, beginning budget for new projects included in budget resolution, carryover projects, recommended transfers and revised budget. Recommendation: For Approval Rationale for Recommendation: Approval is needed to record budget changes. Short and Long Term Impact: Required for planning and resource management. Supporting Documentation: • Summary by fund and purpose /function (New format for 2015116) • Individual Funds shown with current and revised totals. • Capital Outlay also shown by Project, including the multi -year budget. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other Board of Commissioners - December 14. 2015 NEW HANOVER COUNTY BOARD OF EDUCATION Budget Amendment #: Be it resolved by the New Hanover County Board of Education that the following amendments be made to the Budget Resolution for the fiscal :,,,,o an 9n4a• RnuanuP Sn /1rrP- Federal Sources State Public School Fund (1) Local Current Expense Fund (General) (2) Federal Grant Fund (3) Other Restricted Revenue Fund (8) Subtotal Operating Budget Capital Outlay Fund (4) Enterprise Fund (5) Private Purpose Trust Fund (6) Total Amendment Purpose /Function: Instructional services: Regular Instruction $ 4,100 $ 139,491 $ 233,850 $ 377,441 $ 117,899 - Fund Balance Appropriations $ 495,340 Special Populations $ 144,719 116,400 1,763,836 540,346 801,465 - 3,328,725 New Hanover County 801,465 Alternative Programs $ 122,844 14,997 - (3,000) 134,841 159,089,546 Other Revenues 134,841 School Leadership $ 20,214 11,888 11,908 - 32,102 11,908 State Sources 32,102 Co- Curricular $ - 19,805 464,299 1,545 21,350 1,468,710 Transfer from Other Funds 21,350 School -Based Support $ (81,983) 317,839 - 4,223 240,080 - Total Revenue 240,080 subtotal $ 209,894 $ 620,420 $ $ 776,964 $ 1,607,279 $ 117,899 $ $ $ 1,725,178 System -wide support services: Support and Development $ - $ 41,526 $ - $ 41,526 $ - $ 41,526 Special Population Support and Development $ (62,736) (111,900) 65,690 (108,946) (108,946) Alternative Program Support and Development $ - - - - - - Technology Support $ 280,221 120,456 - 400,677 1,973 402,650 Operational Support $ 36,920 166,870 71,503 275,292 354,893 630,185 Financial and Human Resources $ - 11,401 - 11,401 - 11,401 Accountability $ 44 - 44 44 System -Wide Pupil Support $ 1,090 1,090 1,090 Policy, Leadership and Public Relations $ 8,312 3,369 11,681 - 11,681 subtotal $ 254,405 $ 236,708 $ $ 141,651 $ 632,764 $ 356,866 $ $ $ 989,630 Ancillary: Community Services $ - $ $ - $ - $ - - Nutrition Services $ $ - subtotal $ $ $ $ $ $ - $ $ $ - Capital Outlay: Capital Outlay $ $ $ $ $ 161,169,444 $ 161,169,444 Non - programmed charges: Payments to Other Governments $ $ $ $ $ - $ Unbudgeted & Indirect Cost $ 14,636 14,636 Transfer to Other Funds $ Scholarships $ subtotal $ $ - $ $ $ - $ 14,636 $ $ $ 14,636 Total Appropriation $ 464,299 $ 857,129 $ $ 918,615 $ 2,240,043 $161,658,845 $ $ $ 163,898,889 RnuanuP Sn /1rrP- Federal Sources $ $ $ $ $ $ Food Sales $ - Fund Balance Appropriations $ 857,129 906,707 1,763,836 1,564,889 3,328,725 New Hanover County $ - - 159,089,546 159,089,546 Other Revenues $ 11,908 11,908 - 11,908 State Sources $ 464,299 - 464,299 1,004,411 1,468,710 Transfer from Other Funds $ - - - - - Total Revenue $ 464,299 $ 857,129 $ $ 918,615 1 $ 2,240,043 $161,658,845 $ $ $ 163,898,889 Passed by majority vote of the New Hanover County Board of E 4's Chairman New Hanover County Board o Education Board of North Carolina on the 1st Day of September, 2015. 9 *0 CQ %W I *,E ?Qs Lion 13 -1 -2 State Fund Cummulative Budget Summary: Current Budget I Amendment #11 Revised Budget Purpose /Function: - Food Sales - - Instructional services: Fund Balance Appropriation - - New Hanover County - Regular Instruction $ 76,737,596 $ 4,100 $ 76,741,696 Special Populations 464,299 21,862,180 Transfer from Other Funds 144,719 - 22,006,899 Alternative Programs $ 136,103,502 5,186,047 $ 136,567,801 122,844 5,308,891 School Leadership 7,669,402 20,214 7,689,616 Co- Curricular - School -Based Support 7,984,174 (81,983)F 7,902,191 subtotal $ 119,439,399 $ 209,894 $ 119,649,293 System -wide support services: Support and Development $ 264,168 - $ 264,168 Special Population Support and Development 179,107 (62,736) 116,371 Alternative Program Support and Development 302,717 302,717 Technology Support 400,000 280,221 680,221 Operational Support 14,509,422 36,920 14,546,342 Financial and Human Resources 266,301 266,301 Accountability - - - System -Wide Pupil Support - - - Policy, Leadership and Public Relations 1 681,508 1 681,508 subtotal $ 16,603,223 $ 254,405 $ 16,857,628 Ancillary: Community Services $ - $ - $ - Nutrition Services 60,880 - 60,880 subtotal $ 60,880 $ - $ 60,880 Capital Outlay: Capital Outlay $ - $ - $ - Non- programmed charges: Payments to Other Governments $ - $ - $ - Unbudgeted & Indirect Cost - - Transfer to Other Funds - - - Scholarships - - - subtotal rs - $ - $ - Total Appropriation 1 $ 136,103,502 $ 464,299 $ 136,567,801 Revenue Source: Federal Sources - Food Sales - - - Fund Balance Appropriation - - New Hanover County - - Other Revenues - - - State Sources 136,103,502 464,299 136,567,801 Transfer from Other Funds - - - Total Revenue $ 136,103,502 $ 464,299 $ 136,567,801 Explanation: To budget State carryover of School Technology ($280,221) and Summer Reading Camp ($183,313) funding, and miscellaneous transfers including contracted service transfers from special education support to special education instruction. Board of Commissioners - December 14, 2015 ITEM: 13- 1 - 3 General Fund Cummulative Budget Summary: Current Budget Amendment #11 Revised Budget Purpose /Function: $ 10,000 $ - $ 10,000 Food Sales - - Instructional services: Fund Balance Appropriation 1,697,275 857,129 2,554,404 New Hanover County 70,610,100 Regular Instruction $ 21,592,018 $ 139,491 $ 21,731,509 Special Populations - 2,798,215 Transfer from Other Funds 116,400 - 2,914,615 Alternative Programs $ 74,499,375 1,925,892 $ 75,356,504 14,997 1,940,889 School Leadership 5,682,709 11,888 5,694,597 Co- Curricular 2,107,966 19,805 2,127,771 School -Based Support 6,469,839 317,839 6,787,678 subtotal $ 40,576,639 $ 620,420 $ 41,197,059 System -wide support services: Support and Development $ 1,703,020 41,526 $ 1,744,546 Special Population Support and Development 422,410 (111,900) 310,510 Alternative Program Support and Development 200,096 200,096 Technology Support 3,350,736 120,456 3,471,192 Operational Support 16,544,656 166,870 16,711,526 Financial and Human Resources 4,719,667 11,401 4,731,068 Accountability 249,287 44 249,331 System -Wide Pupil Support 551,410 551,410 Policy, Leadership and Public Relations 1,697,471 8,312 1,705,783 subtotal $ 29,438,753 $ 236,708 $ 29,675,461 Ancillary: Community Services $ - $ - $ - Nutrition Services 171,717 - 171,717 subtotal $ 171,717 $ - $ 171,717 Capital Outlay: Capital Outlay $ - $ - $ - Non- programmed charges: Payments to Other Governments $ 2,070,000 $ - $ 2,070,000 Unbudgeted &Indirect Cost 1,578,991 - 1,578,991 Transfer to Other Funds 627,275 - 627,275 Scholarships 36,000 - 36,000 subtotal $ 4,312,266 $ - $ 4,312,266 Total Appropriation $ 74,499,375$ 857,129 1 $ 75,356,504 Revenue Source: Federal Sources $ 10,000 $ - $ 10,000 Food Sales - - - Fund Balance Appropriation 1,697,275 857,129 2,554,404 New Hanover County 70,610,100 - 70,610,100 Other Revenues 2,182,000 - 2,182,000 State Sources - - - Transfer from Other Funds - - - Total Revenue $ 74,499,375 $ 857,129 $ 75,356,504 Explanation: To appropriate fund balance for carryover of school supply allotments, ongoing projects, Board travel, and $300,000 for nursing services previously funded from Medicaid Related Services revenue that may no longer be used for that purpose per DPI. And to record miscellaneous transfers including those between special education support and instructional codes, and between technology purpose codes to cover new web filter. Board of Commissioners - December 14, 2015 ITEM: 13- 1 - 4 Other Restricted Revenue Cummulative Budget Summary: Current Budget I Amendment #11 Revised Budget Purpose /Function: $ 2,574,229 $ - $ 2,574,229 Food Sales - - Instructional services: Fund Balance Appropriation 440,000 906,707 1,346,707 New Hanover County - Regular Instruction $ 306,359 $ 233,850 $ 540,209 Special Populations - 353,835 Transfer from Other Funds 540,346 - 894,181 Alternative Programs $ 7,765,635 4,149,625 $ 8,684,250 (3,000) 4,146,625 School Leadership - - Co- Curricular 678,000 1,545 679,545 School -Based Support 663,915 4,223 668,138 subtotal $ 6,151,734 $ 776,964 $ 6,928,698 System -wide support services: Support and Development $ - $ - Special Population Support and Development 100,165 65,690 165,855 Alternative Program Support and Development 194,949 194,949 Technology Support - - Operational Support 983,169 71,503 1,054,672 Financial and Human Resources 80,663 80,663 Accountability - - System -Wide Pupil Support - 1,090 1,090 Policy, Leadership and Public Relations - 3,369 3,369 subtotal $ 1,358,946 $ 141,651 $ 1,500,597 Ancillary: Community Services $ 100,500 $ - $ 100,500 Nutrition Services 1,500 - 1,500 subtotal $ 102,000 $ - $ 102,000 Capital Outlay: Capital Outlay Fs - Non- programmed charges: Payments to Other Governments $ 144,488 $ - $ 144,488 Unbudgeted & Indirect Cost 3,967 - 3,967 Transfer to Other Funds 4,500 - 4,500 Scholarships - - - subtotal $ 152,955 $ - $ 152,955 Total Appropriation $ 7,765,635 $ 918,615 $ 8,684,250 Revenue Source: Federal Sources $ 2,574,229 $ - $ 2,574,229 Food Sales - - - Fund Balance Appropriation 440,000 906,707 1,346,707 New Hanover County - - - Other Revenues 1,667,989 11,908 1,679,897 State Sources 3,083,417 - 3,083,417 Transfer from Other Funds - - - Total Revenue $ 7,765,635 $ 918,615 $ 8,684,250 Explanation: To budget carryover for grants and other restricted revenue ($906,907), along with anticipated revenue from the Chamber of Commerce for Project Lead the Way ($11,908). Board of Commissioners - December 14, 2015 4 ITEM: 13- 1 - 5 Capital Outlay Cummulative Budget Summary: Current Budget I Amendment #1 1 Revised Budget Purpose /Function: $ - $ - $ - Food Sales - - Instructional services: Fund Balance Appropriation - 1,564,889 1,564,889 New Hanover County (includes Bond) 3,000,000 Regular Instruction $ 75,875 $ 117,899 $ 193,774 Special Populations 1,004,411 1,004,411 Transfer from Other Funds 627,275 - - Alternative Programs $ 3,627,275 $ 161,658,845 $ 165,286,120 - School Leadership - Co- Curricular - School -Based Support - subtotal $ 75,875 $ 117,899 $ 193,774 System -wide support services: Support and Development $ - Special Population Support and Development - Alternative Program Support and Development - Technology Support 1,285,100 1,973 1,287,073 Operational Support 55,800 354,893 410,693 Financial and Human Resources 40,000 40,000 Accountability - System -Wide Pupil Support - Policy, Leadership and Public Relations 1 22,000 22,000 subtotal $ 1,402,900 $ 356,866 $ 1,759,766 Ancillary: Community Services $ - $ - $ - Nutrition Services - - - subtotal $ - $ - $ - Capital Outlay: Capital Outlay $ 2,148,500 $ 161,169,444 $ 163,317,944 Non - programmed charges: Payments to Other Governments $ - $ - $ - Unbudgeted & Indirect Cost - 14,636 14,636 Transfer to Other Funds - - - Scholarships - - - subtotai $ - $ 14,636 $ 14,636 Total Appropriation 1 $ 3,627,275 $ 161,658,845 $ 165,286,120 Revenue Source: Federal Sources $ - $ - $ - Food Sales - - - Fund Balance Appropriation - 1,564,889 1,564,889 New Hanover County (includes Bond) 3,000,000 159,089,546 162,089,546 Other Revenues - - - State Sources - 1,004,411 1,004,411 Transfer from Other Funds 627,275 - 627,275 Total Revenue $ 3,627,275 $ 161,658,845 $ 165,286,120 Explanation: To record carryover for all continuation projects funded from State and County Sources and appropriated fund balance. See attached listing by budget source and project number which includes the Multi -Year project budget, beginning budget for new projects included in budget resolution, carryover projects, recommended transfers and revised budget. Board of Commissioners - December 14, 2015 ITEM: 13- 1 - 6 Capital Outlay Fund Budget by Funding Source and Project #: Amendment #1 Funding Source/ Project Budget Budget Project # Program Project Description (Multi -Year) Resolution Carryover Transfers Revised Budget PSBCF - Lottery Revenue: 74,589.25 353,573.34 8500 801 9113.14 076 Wrightsboro Floor Repairs 95,000.00 47,310.87 47,310.87 9140.15 076 Veterans Park Cooling Tower Rplmt 472,500.00 140,854.90 140,854.90 9145.15 076 Sunset Park Soffit & Fascia Rplmt 183,000.00 42,990.00 42,990.00 9146.15 076 Sunset Park Roof Rplmt 551,000.00 521,200.00 521,200.00 9147.15 076 Codington HVAC Rplmt 223,000.00 175.21 175.21 9148.15 076 Eaton HVAC Rplmt 223,000.00 175.21 175.21 9158.15 76 Sidbury Road Complex 110,000.00 86,311.43 86,311.43 Roland Grise- PA system replacement 9130 814 1,857,500.00 839,017.62 839,017.62 DPI School Bus Revenue: 6550 120 School Bus Leases (DPI) Local Funding: 74,589.25 353,573.34 8500 801 Capital Outlay Contingency n/a 6401.38 813 Wireless Project 6401.60 813 Mobile Labs at various schools 9076 813 Laney Field House Renovations 5110 814 Furniture and Equipment 6401.46 814 Novell to AD Migration - Phase II 6540 814 Custodial Equipment 6550 814 Vehicles 6850 814 Handheld Radios 9121 814 Myrtle Grove tech upgrades 9125 814 Myrtle Grove - Phase I HVAC 9126 814 Alderman - South hallway floor repairs 9127 814 Wrightsboro - Boiler Replacement 9128 814 Blair - PA system replacement 9129 814 Roland Grise- PA system replacement 9130 814 Johnson - Carpet Replacement 9135 814 Laney PA System Replacement 9136 814 Howe Kitchen AC Replacement Ogden - New Mobile and Drainage 9137 814 Improvements for existing units 9139 814 Access Control Locks 9140 814 Proximity Exterior Door Locks 9141 814 Classroom Locks 9142 814 Replace PA Systems 6401.51 815 58 mobile labs 6401.72 815 TV- Studio - new infrastructure 6401.73 815 Update core network equipment 6401.74 815 Repl computers and monitors 6550 815 Vehicles 9115 815 Playground Equip Rplmt & Access 9130 815 Johnson Abatement & Carpet Rplmt 9137 815 Mobile Classroom Replacement 9143 815 NHHS CAN System (Note 1) 9144 815 Williston CAN System (Note 1) 9149 815 Williston Chiller Rplmt 9150 815 Hoggard Cabling Project (Note 1) 9151 815 NHHS Painting 9152 815 Williston Kitchen Hood Rplmt 9153 815 Kitchen Coler /Freezer Rplmts 9154 815 Laney Ext Door Rplmt 9155 815 Rock Church Facility Purchase 9156 815 New Elementary School Site /Design 1,920,025.00 109,241.41 157,350.00 661,737.99 4,717.50 254,638.84 193,626.76 203,500.00 100,000.00 100,000.00 753,189.04 70,000.00 150,000.00 132,000.00 50,000.00 165,393.00 14,636.29 7,898.97 1,743.57 61,737.31 71,897.74 150,239.53 229.29 46,327.48 76,965.72 165,393.00 14,636.29 7,898.97 1,743.57 61,737.31 71,897.74 150,239.53 229.29 46,327.48 76,965.72 74,589.25 74,589.25 353,573.34 353,573.34 43,100.00 (43,100.00) 43,100.00 26,900.00 (26,900.00) 26,900.00 - 70,000.00 - 126,250.00 126,250.00 74,803.25 74,803.25 38,104.00 38,104.00 Board of Commissioners - December 14, 2015 6 ITEM: 13- 1 - 7 Funding Source/ Project # Program Project Description Project Budget (Multi -Year) Budget Resolution Carryover Transfers Revised Budget Sidbury Road Complex 9157 815 Improvements 178,100.00 96,393.25 96,393.25 9160 815 Virgo Lighting - - 9172 815 Fire Alarm Panel Replacement - 5110 816 Furniture and Equipment 185,875.00 75,875.00 110,000.00 185,875.00 6550 816 Vehicles 189,500.00 189,500.00 189,500.00 6401 816 Computer Replacement 1,285,100.00 1,285,100.00 1,285,100.00 6580 816 Maintenance Equipment 55,800.00 55,800.00 55,800.00 6610 816 Finance Workstations 40,000.00 40,000.00 40,000.00 6942 816 Central Office Equipment 22,000.00 22,000.00 22,000.00 9157 816 Sidbury Road Complex Improvements 1,550,000.00 1,550,000.00 1,550,000.00 9160 816 Virgo Lighting 346 ,500.00 348,500.00 348,500.00 9161 816 Contingency for Roe Renovation 250,000.00 250,000.00 250,000.00 7,044,876.54 3,627,275.00 1,564,888.99 5,192,163.99 2014 Bond Program: 9001.01 900 Northeast ES 17,011,380.00 $16,571,392.75 16,571,392.75 9002.03 900 College Park ES Rplmt 17,011,381.00 $17,011,381.00 17,011,381.00 9003.05 900 Blair ES Rplmt 17,011,381.00 $17,011,381.00 17,011,381.00 9004.06 900 Laney HS Addns & Renovns 10,558,788.00 $10,547,588.00 10,547,588.00 9005.08 900 Hoggard HS Addns & Renovns 16,424,781.00 $16,423,873.91 16,423,873.91 9006.09 900 New Hanover HS Renovns 5,279,394.00 $5,262,294.00 5,262,294.00 9007.10 900 Roland Grise MS Renovns 11,660,698.00 $11,659,550.33 11,659,550.33 9008.11 900 Noble MS Renovns 7,906,664.00 $7,906,664.00 7,906,664.00 9009.12 900 Trask MS Renovns 9,901,100.00 $9,901,100.00 9,901,100.00 9010.13 900 Myrtle Grove MS Renovns 8,727,903.00 $8,727,903.00 8,727,903.00 9011.14 900 Renovns 7,332,492.00 $7,332,492.00 7,332,492.00 9012.07 900 Technology - Network Infrastructure 5,690,014.00 $5,651,820.00 5,651,820.00 9013.07 900 Technology - Security Cameras 3,402,276.00 $3,402,276.00 3,402,276.00 9014.07 900 Infrastr /Equip 469,279.00 $469,279.00 469,279.00 9015.04 900 Sunset Park Roof Rplmt (Note 2) 669,800.00 $669,800.00 (450,000.00) 219,800.00 9016.04 900 Noble Roof Rplmt 302,445.00 $302,445.00 302,445.00 9017.04 900 Trask Roof Rplmt 313,986.00 $313,986.00 313,986.00 9018.04 900 Laney Roof Rplmt 426,030.00 $426,030.00 426,030.00 9019.04 900 Johnson Roof Rplmt 990,667.00 $985,394.55 985,394.55 9020.04 900 Hoggard HS Roof Rplmt 783,503.00 $783,503.00 783,503.00 9021.04 900 Trask Roof Rplmt 927,272.00 $927,272.00 927,272.00 9022.04 900 Pine Valley Roof Rplmt 826,763.00 $826,763.00 826,763.00 9023.04 900 Codington Roof Rplmt 430,642.00 $430,642.00 430,642.00 9024.04 900 Eaton Roof Rplmt 436,783.00 $436,783.00 436,783.00 9025.04 900 Holly Tree Roof Coating 986,040.00 $986,040.00 986,040.00 9026.04 900 Freeman Roof Rplmt 479,595.00 $479,595.00 479,595.00 9027.04 900 Veterans Park Roof Coating 627,888.00 $627,888.00 627,888.00 9028.04 900 Noble Abmt/Carpet Rplmt 304,553.00 $250,546.25 250,546.25 9029.04 900 Hoggard Abmt/Carpet Rplmt 681,750.00 $681,750.00 681,750.00 9030.04 900 Laney Abmt/Carpt Rplmt 516,208.00 $516,208.00 516,208.00 9031.04 900 Wrightsboro Boiler Rplmt (Note 2) 50,448.00 $50,448.00 (50,448.00) - 9032.04 900 Myrtle Grove Boiler Rplmt (Note 2) 150,169.00 $150,169.00 (150,169.00) 9033.04 900 Roland Grise AHU Rplmt (Note 2) 64,526.00 $64,526.00 (64,526.00) - 9034.04 900 Codington HVAC Imprmts 260,720.00 $147,687.27 147,687.27 9035.04 900 Eaton HVAC Imprmts 261,525.00 $121,319.54 121,319.54 9036.04 900 Veterans Park HVAC Imprmts 367,474.00 $367,474.00 367,474.00 9037.04 900 New Hanover HVAC Imprmts 360,459.00 $360,459.00 360,459.00 9038.04 900 3) 2,111,757.00 $2,093,349.50 (500,000.00) 1,593,349.50 9039.04 900 Johnson HVAC Imprmts (Note 3) 2,111,758.00 $2,093,350.50 (500,000.00) 1,593,350.50 9040.04 900 Schools 1,509,314.00 $1,509,314.00 1,509,314.00 9041.15 900 Program Management 3,106,796.00 $3,054,410.16 3,054,410.16 9042.16 900 Contingency 1,553,398.00 $1,553,398.00 $1,715,143.00 3,268,541.00 160,000,000.00 159,089,545.76 159,089,545.76 $ 170,822,401.54 $ 3,627,275.00 $ 161,658,845.37 $ - $ 165,286,120.37 Note 1: Transfer funding from cancelled CA TV projects at NHHS and Williston to cabling project at Hoggard. Note 2: Transfer bond project funding for projects completed or in process using local capital outlay to bond contingency. Note 3: Transfer saving resulting from change in scope of work of HVAC projects at Bradley Creek and Johnson to bond contingency Board of Commissioners - December 14, 2015 ITEM: 13- 1 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Beth Schrader, Chief Strategy and Budget Officer CONTACT(S): Beth Schrader SUBJECT: Approval of Board of Education Budget Amendment #2 BRIEF SUMMARY: On November 11, 2015 the New Hanover County Board of Education approved 2015 -16 Budget Amendment #2. This budget amendment: 1) Appropriates $394,831 in fund balance for a local School Resource Officer (SRO) grant match of $156,741, installing safety cameras in 135 buses for $279,000, and makes an adjustment of carryover for expenses that were accrued back to FY15 (440,910). 2) Establishes / sets up the budgets for $645,250 of approved lottery projects. 3) Makes a technical correction that creates a new program number for County Funded Projects ( #816) in the Capital Outlay Fund to segregate County funded capital appropriations from fund balance appropriations ( #801 -815), and provide greater clarity / transparency. 4) Makes a ( -$906) carryover correction to the Bond Projects for expenses that were incurred in FYI 5. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Budget Amendment #2. ATTACHMENTS: Board of Education Budget Amendment #2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - December 14, 2015 ITEM: 14 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 14 APPENDIX G Item: 2015 -16 Budget Amendment #2 Date: November 3, 2015 Department: Finance Background /Historical Context: The attached Budget Amendment is needed to record revenue changes and transfers as described in chart below: Fund Description State To record State Revisions #000 - #008 which include Initial Allotment adjustments, NCVPS, VIF and Charter School Reductions, pending ABC Program Transfers and miscellaneous budget transfers. General To adjust 15/16 budget to final recommended changes presented to the Board on 9/15/15, including transfer of amount reserved for State Teacher Assistant shortfall to Teachers. Other changes include Art Department Reimbursement for July 2015 School Clinicians ($2,600), Insurance Settlement for Blair's phone system ($4,065.20), Retirement and Hospitalization increases from salary reserve, fund balance appropriation for local SRO Grant match ($156,741) and safety cameras in 135 buses ($279,000), adjustment of carryover for expenses that were accrued back to FY 15 (- $40,910.41), and miscellaneous budget transfers. Other Record Head Start Carryover ($129,548.91), Harvard University READS Restricted Grant ($6,000), NC Pre -K Budget Expansion ($43,404), Chamber of Revenue Commerce Project Lead the Way Grant at Trask ($8,000), Music & Arts donation for All County Band ($300), correct purpose codes for Medicaid Related Services from BA #1 and miscellaneous budget transfers. Capital Outlay To set up budget for approved lottery projects and correct carryover. Recommendation: For Approval Rationale for Recommendation: Approval is needed to record budget changes. Short and Long Term Impact: Required for planning and resource management. Supporting Documentation: • Summary by fund and purpose /function • Individual Funds shown with current and revised totals. • Capital Outlay also shown by Project, including the multi -year budget. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other ITEM: 14-1 -1 NEW HANOVER COUNTY BOARD OF EDUCATION Budget Amendment It: Be it resolved by the New Hanover County Board of Education that the following amendments be made to the Budget Resolution for the fiscal Revenue Source., Federal Sources State Public School Fund (1) Local Current Expense Fund (General) (2) Federal Grant Fund (3) Other Restricted Revenue Fund (8) Subtotal Operating Budget Capital Outlay Fund (4) Enterprise Fund (5) Private Purpose Trust Fund (6) Total Amendment Purpose /Function: Instructional services: Regular Instruction $ 2,471,178 $ (51,702) - $ 14,300 $ 2,433,776 $ - Fund Balance Appropriations $ 2,433,776 Special Populations $ 406,825 2,717 394,831 (101,061) 308,482 394,831 New Hanover County 308,482 Alternative Programs $ 118,356 10,844 - 116,742 245,942 (906) Other Revenues 245,942 School Leadership $ 82,044 (22,087) 20,965 - 59,957 20,965 State Sources 59,957 Co- Curricular $ - (3,017) 3,392,529 - (3,017) 4,037,779 Transfer from Other Funds (3,017) School -Based Support $ 344,568 169,655 149,259 1 663,482 - Total Revenue 663,482 subtotal $ 3,422,972 $ 106,411 $ $ 179,240 $ 3,708,623 $ $ $ $ 3,708,623 System -wide support services: Support and Development $ $ 2,928 $ - $ 2,928 $ $ 2,828 Special Population Support and Development $ - 1,065 - 1,065 1,065 Alternative Program Support and Development $ 8,000 95,743 8,611 112,354 112,354 Technology Support $ (93,925) 86,701 - (7,224) (10) (7,234) Operational Support $ (6,031) 260,645 254,614 - 254,614 Financial and Human Resources $ - (1,918) (1,918) (1,918) Accountability $ - 68,574 68,574 68,574 System -Wide Pupil Support $ - 988 (598) 390 390 Policy, Leadership and Public Relations $ 6,000 13,807 - 19,807 19,807 subtotal $ (85,956) $ 528,532 $ $ 8,013 $ 450,589 $ (10) $ $ $ 450,579 Ancillary: Community Services $ - $ - $ - $ - $ - Nutrition Services $ 12,109 543 $ 12,652 12,652 subtotal $ 12,109 $ 543 $ $ $ 12,652 $ $ $ $ 12,652 Capital Outlay: Capital Outlay $ - $ - $ $ - $ 644,354 $ 644,354 Non - programmed charges: Payments to Other Governments $ $ - $ $ - $ - $ " Unbudgeted & Indirect Cost $ (233,991) (233,991) (233,991) Transfer to Other Funds $ Scholarships $ subtotal $ 1 $ (233,991)1 $ $ $ (233,991) $ - $ $ $ (233,991) Total Appropriation $ 3,349,125 1 $ 401,496 1 $ $ 187,253 $ 3,937,874 1 $ 644,344 $ $ $ 4,582,217 Revenue Source., Federal Sources $ $ $ 129,549 $ 129,549 $ $ 129,549 Food Sales $ - - - - Fund Balance Appropriations $ 394,831 394,831 - 394,831 New Hanover County $ - - - (906) (906) Other Revenues $ 6,665 14,300 20,965 20,965 State Sources $ 3,349,125 43,404 3,392,529 645,250 4,037,779 Transfer from Other Funds $ - - - Total Revenue $ 3,349,125 $ 401,496 $ $ 187,253 $ 3,937,874 1 $ 644,344 $ $ $ 4,582,217 Passed by majority vote of the New Hanover County Board of Educatiol AA- lt� Chairman ecri New Hanover County Board of Educ tion New the 3rd day of November, 2015. County Board of Education Board of Commissioners - December 14, 2015 ITEM: 14- 1 - 2 State Fund Cummulative Budget Summary: Current Budget I Amendment #2 1 Revised Budget Purpose /Function: - Food Sales - - Instructional services: Fund Balance Appropriation - New Hanover County Regular Instruction $ 76,741,696 $ 2,471,178 $ 79,212,874 Special Populations 3,349,125 22,006,899 Transfer from Other Funds 406,825 - 22,413,724 Alternative Programs $ 136,567,801 5,308,891 $ 139,916,926 118,356 5,427,247 School Leadership 7,689,616 82,044 7,771,660 Co- Curricular - - School -Based Support 7,902,191 344,568 8,246,759 subtotal $ 119,649,293 $ 3,422,972 $ 123,072,265 System -wide support services: Support and Development $ 264,168 - $ 264,168 Special Population Support and Development 116,371 116,371 Alternative Program Support and Development 302,717 8,000 310,717 Technology Support 680,221 (93,925) 586,296 Operational Support 14,546,342 (6,031) 14,540,311 Financial and Human Resources 266,301 266,301 Accountability - - - System -Wide Pupil Support - - - Policy, Leadership and Public Relations 1 681,508 6,000 1 687,508 subtotal $ 16,857,628 $ (85,956)1 $ 16,771,672 Ancillary: Community Services $ - $ - $ - Nutrition Services 60,880 12,109 72,989 subtotal $ 60,880 $ 12,109 $ 72,989 Capital Outlay: Capital Outlay $ - $ - $ - Non - programmed charges: Payments to Other Governments $ - $ - $ Unbudgeted & Indirect Cost - - Transfer to Other Funds - - Scholarships - - - subtotal $ - $ - Is - Total Appropriation $ 136,567,801 $ 3,349,125 $ 139,916,926 Revenue Source: Federal Sources - Food Sales - - Fund Balance Appropriation - New Hanover County - Other Revenues - - State Sources 136,567,801 3,349,125 139,916,926 Transfer from Other Funds - - - Total Revenue $ 136,567,801 $ 3,349,125 $ 139,916,926 Explanation: To record State Revisions #000 - #008 which include Initial Allotment adjustments, NCVPS, VIF and Charter School Reductions, pending ABC Program Transfers and miscellaneous budget transfers. Board of Commissioners - December 14, 2015 ITEM: 14- 1 - 3 General Fund Cummuiative Budget Summary: Current Budget I Amendment #2 1 Revised Budget Purpose /Function: $ 10,000 $ - $ 10,000 Food Sales - - Instructional services: Fund Balance Appropriation 2,554,404 394,831 2,949,235 New Hanover County 70,610,100 Regular Instruction $ 21,731,509 $ (51,702) $ 21,679,807 Special Populations - 2,914,615 Transfer from Other Funds 2,717 - 2,917,332 Alternative Programs $ 75,356,504 1,940,889 $ 75,758,000 10,844 1,951,733 School Leadership 5,694,597 (22,087) 5,672,511 Co- Curricular 2,127,771 (3,017) 2,124,755 School -Based Support 6,787,678 169,655 6,957,333 subtotal $ 41,197,059 $ 106,411 $ 41,303,471 System -wide support services: Support and Development $ 1,744,546 2,928 $ 1,747,474 Special Population Support and Development 310,510 1,065 311,575 Alternative Program Support and Development 200,096 95,743 295,839 Technology Support 3,471,192 86,701 3,557,893 Operational Support 16,711,526 260,645 16,972,171 Financial and Human Resources 4,731,068 (1,918) 4,729,150 Accountability 249,331 68,574 317,905 System -Wide Pupil Support 551,410 988 552,398 Policy, Leadership and Public Relations 1,705,783 13,807 1,719,590 subtotal $ 29,675,461 $ 528,532 $ 30,203,994 Ancillary: Community Services $ - $ - $ - Nutrition Services 171,717 543 172,260 subtotal $ 171,717 $ 543 $ 172,260 Capital Outlay: Capital Outlay $ - $ - $ - Non- programmed charges: Payments to Other Governments $ 2,070,000 $ - $ 2,070,000 Unbudgeted & Indirect Cost 1,578,991 (233,991) 1,345,000 Transfer to Other Funds 6271275 627,275 Scholarships 36,000 - 36,000 subtotal $ 4,312,266 $ (233,991) $ 4,078,275 Total Appropriation $ 75,356,504 $ 401,496 $ 75,758,000 Revenue Source: Federal Sources $ 10,000 $ - $ 10,000 Food Sales - - - Fund Balance Appropriation 2,554,404 394,831 2,949,235 New Hanover County 70,610,100 - 70,610,100 Other Revenues 2,182,000 6,665 2,188,665 State Sources - - - Transfer from Other Funds - - - Total Revenue $ 75,356,504 $ 401,496 $ 75,758,000 Explanation: To adjust 15/16 budget to final recommended changes presented to the Board on 9/15/15, including transfer of amount reserved for State Teacher Assistant shortfall to Teachers. Other changes include Art Department Reimbursement for July 2015 School Clinicians ($2,600), Insurance Settlement for Blair's phone system ($4,065.20), Retirement and Hospitalization increases from salary reserve, fund balance appropriation for local SRO Grant match ($156,741) and safety cameras in 135 buses ($279,000), adjustment of carryover for expenses that were accrued back to FY 15 (- $40,910.41), and miscellaneous budget transfers. Board of Commissioners - December 14, 2015 ITEM: 14- 1 - 4 Other Restricted Revenue Cummulative Budget Summary: Current Budget I Amendment #2 1 Revised Budget Purpose /Function: $ 2,574,229 $ 129,549 $ 2,703,778 Food Sales - - Instructional services: Fund Balance Appropriation 1,346,707 1,346,707 New Hanover County - Regular Instruction $ 540,209 $ 14,300 $ 554,509 Special Populations 43,404 894,181 Transfer from Other Funds (101,061) - 793,121 Alternative Programs $ 8,684,250 4,146,625 $ 8,871,503 116,742 4,263,367 School Leadership - - Co- Curricular 679,545 679,545 School -Based Support 668,138 149,259 817,397 subtotal $ 6,928,698 $ 179,240 $ 7,107,939 System -wide support services: Support and Development $ - $ - Special Population Support and Development 165,855 165,855 Alternative Program Support and Development 194,949 8,611 203,560 Technology Support - - Operational Support 1,054,672 1,054,672 Financial and Human Resources 80,663 80,663 Accountability - - System -Wide Pupil Support 1,090 (598) 491 Policy, Leadership and Public Relations 3,369 3,369 subtotal $ 1,500,597 $ 8,013 $ 1,508,610 Ancillary: Community Services $ 100,500 $ - $ 100,500 Nutrition Services 1,500 - 1,500 subtotal $ 102,000 $ - $ 102,000 Capital Outlay: Capital Outlay $ - $ - $ ' Non - programmed charges: Payments to Other Governments $ 144,488 $ - $ 144,488 Unbudgeted & Indirect Cost 3,967 - 3,967 Transfer to Other Funds 4,500 - 4,500 Scholarships - - - subtotal $ 152,955 $ - $ 152,955 Total Appropriation $ 8,684,250 $ 187,253 $ 8,871,503 Revenue Source: Federal Sources $ 2,574,229 $ 129,549 $ 2,703,778 Food Sales - - - Fund Balance Appropriation 1,346,707 1,346,707 New Hanover County - - - Other Revenues 1,679,897 14,300 1,694,197 State Sources 3,083,417 43,404 3,126,821 Transfer from Other Funds - - - Total Revenue $ 8,684,250 $ 187,253 $ 8,871,503 Explanation: Record Head Start Carryover ($129,548.91), Harvard University READS Grant ($6,000), NC Pre -K Budget Expansion ($43,404), Chamber of Commerce Project Lead the Way Grant at Trask ($8,000), Music & Arts donation for All County Band ($300), correct purpose codes for Medicaid Related Services from BA #1 and miscellaneous budget transfers. Board of Commissioners - December 14, 2015 4 ITEM: 14- 1 - 5 Capital Outlay Cummulative Budget Summary: Current Budget I Amendment #2 1 Revised Budget Purpose /Function: $ - $ $ - Food Sales - Instructional services: Fund Balance Appropriation 1,564,889 - 1,564,889 New Hanover County (includes Bond) 162,089,546 Regular Instruction $ 193,774 $ - $ 193,774 Special Populations 645,250 - Transfer from Other Funds 627,275 1 - - Alternative Programs $ 165,286,120 - $ 165,930,464 - School Leadership - Co- Curricular - - School -Based Support - - subtotal $ 193,774 $ - $ 193,774 System -wide support services: Support and Development $ - $ - $ - Special Population Support and Development - - Alternative Program Support and Development - - Technology Support 1,287,073 (10) 1,287,063 Operational Support 410,693 410,693 Financial and Human Resources 40,000 40,000 Accountability - - System -Wide Pupil Support - - Policy, Leadership and Public Relations 1 22,000 1 22,000 subtotal $ 1,759,766 $ (10) $ 1,759,756 Ancillary: Community Services $ - $ $ - Nutrition Services subtotal $ - $ - $ - Capital Outlay: Capital Outlay $ 163,317,944 $ 644,354 $ 163,962,298 Non - programmed charges: Payments to Other Governments $ - $ - $ - Unbudgeted & Indirect Cost 14,636 14,636 Transfer to Other Funds - - Scholarships - ' subtotal $ 14,636 $ - $ 14,636 Total Appropriation $ 165,286,120 $ 644,344 $ 165,930,464 Revenue Source: Federal Sources $ - $ $ - Food Sales - - Fund Balance Appropriation 1,564,889 - 1,564,889 New Hanover County (includes Bond) 162,089,546 (906) 162,088,640 Other Revenues - - - State Sources 1,004,411 645,250 1,649,661 Transfer from Other Funds 627,275 1 - 627,275 Total Revenue $ 165,286,120 $ 644,344 $ 165,930,464 Explanation: To set up budget for approved lottery projects and correct carryover. Board of Commissioners - December 14, 2015 ITEM: 14- 1 - 6 Capital Outlay Fund Budget by Funding Source and Project #: Funding Source/ Project Budget Project # Program Project Description (Multi -Year) Current Budget Amendment #2 Revised Budget PSBCF • Lottery Revenue: 9113.14 076 Wrightsboro Floor Repairs 95,000.00 47,310.87 47,310.87 9140.15 076 Veterans Park Cooling Tower Rplmt 472,500.00 140,854.90 140,854.90 9145.15 076 Sunset Park Soffit & Fascia Rplmt 183,000.00 42,990.00 42,990.00 9146.15 076 Sunset Park Roof Rplmt 551,000.00 521,200.00 521,200.00 9147.15 076 Codington HVAC Rplmt 223,000.00 175.21 175.21 9148.15 076 Eaton HVAC Rplmt 223,000.00 175.21 175.21 9158.15 076 Sidbury Road Complex 110,000.00 86,311.43 86,311.43 9162.16 076 Wrightsboro Floor Replacement 54,000.00 54,000.00 54,000.00 9163.16 076 Laney Painting 180,000.00 180,000.00 180,000.00 9164.16 076 Fire Alarm Replacement 36,000.00 36,000.00 36,000.00 9165.16 076 Eaton and Codington Carpet Replacement 144,000.00 144,000.00 144,000.00 9166.16 076 Bradley Creek Water Heaters 56,000.00 56,000.00 56,000.00 9167.16 076 Bellamy Painting 80,000.00 80,000.00 80,000.00 9168.16 076 Williams Service Ramp 45,000.00 45,000.00 45,000.00 9169.16 076 Laney Restroom Renovations 38,250.00 38,250.00 38,250.00 9170.16 076 Bellamy & Murray Traffic Improvements 12,000.00 12,000.00 12,000.00 2,502,750.00 839,017.62 645,250.00 1,484,267.62 DPI School Bus Revenue: 6550 120 School Bus Leases (DPI) 1,920,025.00 165,393.00 165,393.00 Local Funding: 8500 801 Capital Outlay Contingency n/a 14,636.29 14,636.29 5110.16 801 Furniture & Equipment 110,000.00 110,000.00 110,000.00 6550.16 801 Vehicles 189,500.00 189,500.00 189,500.00 6610.16 801 Finance Workstations 6,775.00 6,775.00 6,775.00 6942.16 801 Central Office Equipment 22,000.00 22,000.00 22,000.00 9160.16 801 Lakeside Demolition 348,500.00 348,500.00 348,500.00 9161.16 801 Contingency for Roe Renovation 250,000.00 250,000.00 250,000.00 5110 814 Furniture and Equipment 109,241.41 7,898.97 7,898.97 6401.46 814 Novell to AD Migration - Phase II 157,350.00 1,743.57 1,743.57 9125 814 Myrtle Grove - Phase I HVAC 661,737.99 61,737.31 61,737.31 9140 814 Proximity Exterior Door Locks 254,638.84 71,897.74 71,897.74 9142 814 Replace PA Systems 193,626.76 150,239.53 150,239.53 6401.74 815 Repl computers and monitors 229.00 229.29 229.29 6550 815 Vehicles 203,500.00 46,327.48 46,327.48 9115 815 Playground Equip Rplmt & Access 100,000.00 76,965.72 76,965.72 9130 815 Johnson Abatement & Carpet Rplmt 100,000.00 74,589.25 74,589.25 9137 815 Mobile Classroom Replacement 753,189.04 353,573.34 353,573.34 9150 815 Hoggard Cabling Project 70,000.00 70,000.00 70,000.00 9151 815 NHHS Painting 150,000.00 126,250.00 126,250.00 9152 815 Williston Kitchen Hood Rplmt 132,000.00 74,803.25 74,803.25 9153 815 Kitchen Coler /Freezer Rplmts 50,000.00 38,104.00 38,104.00 9157 815 Sidbury Road Complex Improvements 178,100.00 96,393.25 96,393.25 4,040,388.04 1,265,388.99 926,775.00 2,192,163.99 County Capital Appropriation: 5110 816 Furniture and Equipment 75,875.00 185,875.00 (110,000.00) 75,875.00 6550 816 Vehicles - 189,500.00 (189,500.00) - 6401 816 Computer Replacement 1,285,100.00 1,285,100.00 1,285,100.00 6580 816 Maintenance Equipment 55,800.00 55,800.00 55,800.00 6610 816 Finance Workstations 33,225.00 40,000.00 (6,775.00) 33,225.00 6942 816 Central Office Equipment 22,000.00 (22,000.00) - 9157 816 Sidbury Road Complex Improvements 1,550,000.00 1,550,000.00 1,550,000.00 9160 816 Lakeside Demolition 348,500.00 (348,500.00) Board of Commissioners - December 14, 2015 6 ITEM: 14- 1 - 7 Funding Source/ Project # Program Project Description Project Budget (Multi -Year) Current Budget Amendment #2 Revised Budget 9161 816 Contingency for Roe Renovation 250,000.00 (250,000.00) 3,000,000.00 3,926,775.00 (926,775.00) 3,000,000.00 2014 Bond Program: 9001.01 900 Northeast ES 17,011,380.00 16,571,392.75 16,571,392.75 9002.03 900 College Park ES Rplmt 17,011,381.00 17,011,381.00 17,011,381.00 9003.05 900 Blair ES Rplmt 17,011,381.00 17,011,381.00 17,011,381.00 9004.06 900 Laney HS Addns & Renovns 10,558,788,00 10,547,588.00 10,547,588.00 9005.08 900 Hoggard HS Addns & Renovns 16,424,781.00 16,423,873.91 16,423,873.91 9006.09 900 New Hanover HS Renovns 5,279,394.00 5,262,294.00 5,262,294.00 9007.10 900 Roland Grise MS Renovns 11,660,898.00 11,659,550.33 11,659,550.33 9008.11 900 Noble MS Renovns 7,906,664.00 7,906,664.00 7,906,664.00 9009.12 900 Trask MS Renovns 9,901,100.00 9,901,100.00 9,901,100.00 9010.13 900 Myrtle Grove MS Renovns 8,727,903.00 8,727,903.00 8,727,903.00 9011.14 900 Wrightsville Beach ES Addns & Renovns 7,332,492.00 7,332,492.00 7,332,492.00 9012,07 900 Technology - Network Infrastructure 5,690,014.00 5,651,820.00 (10.00) 5,651,810.00 9013.07 900 Technology - Security Cameras 3,402,276.00 3,402,276.00 3,402,276.00 9014.07 900 Technology - VoIP Core Infrastr /Equip 469,279.00 469,279.00 469,279.00 9015.04 900 Sunset Park Roof Rplmt 219,800.00 219,800.00 219,800.00 9016.04 900 Noble Roof Rplmt 302,445.00 302,445.00 302,445.00 9017.04 900 Trask Roof Rplmt 313,986.00 313,986.00 313,986.00 9018.04 900 Laney Roof Rplmt 426,030.00 426,030.00 426,030.00 9019.04 900 Johnson Roof Rplmt 990,667.00 985,394.55 985,394.55 9020.04 900 Hoggard HS Roof Rplmt 783,503.00 783,503.00 783,503.00 9021.04 900 Trask Roof Rplmt 927,272.00 927,272.00 927,272.00 9022.04 900 Pine Valley Roof Rplmt 826,763.00 826,763.00 826,763.00 9023.04 900 Codinglon Roof Rplmt 430,642.00 430,642.00 430,642.00 9024.04 900 Eaton Roof Rplmt 436,783.00 436,783.00 436,783.00 9025.04 900 Holly Tree Roof Coating 986,040.00 986,040.00 986,040.00 9026.04 900 Freeman Roof Rplmt 479,595.00 479,595.00 479,595.00 9027.04 900 Veterans Park Roof Coating 627,888.00 627,888.00 627,888.00 9028.04 900 Noble Abmt/Carpet Rplmt 304,553.00 250,546.25 250,546.25 9029.04 900 Hoggard Abmt/Carpet Rplmt 681,750.00 681,750.00 681,750.00 9030.04 900 Laney Abmt/Carpt Rplmt 516,208.00 516,208.00 516,208.00 9031.04 900 Wrightsboro Boiler Rplmt (Note 2) 9034.04 900 Codington HVAC Imprmts 260,720.00 147,687.27 147,687.27 9035.04 900 Eaton HVAC Imprmts 261,525.00 121,319.54 121,319.54 9036.04 900 Veterans Park HVAC Imprmts 367,474.00 367,474.00 367,474.00 9037.04 900 New Hanover HVAC Imprmts 360,459.00 360,459.00 360,459.00 9038.04 900 Bradley Creek HVAC Imprmts 1,611,757.00 1,593,349.50 1,593,349.50 9039.04 900 Johnson HVAC Imprmts 1,611,758.00 1,593,350.50 1,593,350.50 9040.04 900 HVAC & Controls Imprmts at Var Schools 1,509,314.00 1,509,314,00 1,509,314.00 9041.15 900 Program Management 3,106,796.00 3,054,410.16 (896.24) 3,053,513.92 9042.16 900 Contingency 3,268,541.00 3,268,541.00 3,268,541.00 160,000,000.00 159,089,545.76 (906.24) 159,088,639.52 $ 171,463,163.04 $ 165,286,120.37 $ 644,343.76 $ 165,930,464.13 Note: Changed program numbering to segregate County Funded Projects (816) from fund balance appropriations (601 -815). All future fund balance appropriations Board of Commissioners - December 14, 2015 ITEM: 14- 1 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Elizabeth Schrader, Chief Strategy and Budget Officer CONTACT(S): Elizabeth Schrader SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2016: DSS: 16 -021 - Day Care Services 16 -027 - Casey Family Program 16 -028 - LIEAP Assistance Payments Sheriffs Office 16 -023 - Controlled Substance Tax 16 -024 - Federal Forfeited Property 16 -025 - Body Camera Grant 16 -026 - Miscellaneous Expenditure Parks 16 -029 - Trillium Grant Health Department 16 -030 - Cape Fear Memorial Foundation Grant 16 -035 - Safe Kids Worldwide Grants Library 16 -031 - Aid to Public Library Grant 16 -043 - Library Story Park Museum 16 -034 - Grassroots Science Grant 16 -036 - National Endowment for Humanities Emergency Management 16 -040 - Hazardous Material Grant 16 -041 - Homeland Security Grant Senior Resource Center 16 -032 - RSVP SHIIP Grant 16 -033 - RSVP Grant 16 -037 - Title III -D Grant 16 -038 - Home and Community Care Block Grant 16 -039 - VOCAL Grant 16 -042 - Senior Center General Purpose Grant Board of Commissioners - December 14, 2015 ITEM: 15 16 -044 - SHIIP Grant 16 -046 - ROAP Grant STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: B/A 16 -021, 16 -027, 16 -028 B/A 16 -023 B/A 16 -024 B/A 16- 025,16 -026 B/A 16 -029 B/A 16 -030, 16 -035 B/A 16 -031 B/A 16 -043 B/A 16 -034, 16 -036 B/A 16- 040,16 -041 B/A 16 -032, 16 -033, 16 -037, 16 -038, 16 -039, 16 -042, 16 -044, 16 -046 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 15 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Department: Department of Social Services Expenditure: Decrease Increase Total BA 16 -021 - Day Care Services $ (301,179) $ (301,179) BA 16 -027 - Casey Family Program $ 18,750 $ 18,750 BA 16 -028 - LIEAP Assistance Payments $ 18,465 $ 18,465 Total $ 301,179 $ 37,215 $ 263,964 Revenue: Decrease Increase Total BA 16 -021 - Day Care Services $ (301,179) $ (301,179) BA 16 -027 - Casey Family Program $ 18,750 $ 18,750 BA 16 -028 - LIEAP Assistance Payments $ 18,465 $ 18,465 Total $ (301,179) j 37,215 $ (263,964) Prior to Actions Today Departmental Budget $ 41,950,249 Total if Actions Taken $ 41686 285 Section 2: Explanation BA 16 -021 reduces the child daycare budgeted amount for FYI 5-16 due to numerous State changes which include the defmition of "family" and a change in the formula used for allocation of funds to counties. The reduction to child daycare funds will not affect the current block of children being served. The Department of Social Services will continue to work the waiting list. The current waiting list as of November 30, 2015 was 536. This line item also includes IV -E funding reimbursement for February, March & April 2015. All children receiving daycare are paid through daycare funding including IV -E children. Once a quarter the state reviews their records and reimburses the County money spent on IV -E children for daycare. These funds are put back into the daycare account. No County match required. BA 16 -027 budgets funds from the Casey Family Programs Institute used to provide permanency roundtable training of our social workers to increase the number of children transitioning out of foster care. There are no Federal, State or County funds involved. Funds must be spent before December 31, 2015. Board of Commissioners - December 14, 2015 ITEM: 15- 1 - 1 BA 16 -028 increases the Low Income Energy Assistance Program ( LIEAP) funds budgeted for FY15 -16 due to allocation being higher than anticipated. LIEAP helps eligible households pay their home energy costs. Eligible households receive a one -time LIEAP heating assistance payment made directly to their heating vendor. The maximum amount eligible households can receive is $400 for the fiscal year. The target population is households with at least one individual who is age 60 and above, or is disabled and receiving services through the Division of Aging and Adult Services. Household income must be at or below 130% of the poverty level. The Department of Social Services accepts applications from December 1 through March 31 or until funds are exhausted. This program is 100% State and Federally - funded. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -021, 16 -027 and 16 -028 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015 (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 1 - 2 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Controlled Substance Tax Department: Sheriff Expenditure: Decrease Increase Total BA 16 -023 - Controlled Substance Tax $ 9,100 $ 9,100 Total $ - $ 9,100 $ 9,100 Revenue: Decrease Increase Total BA 16 -023 - Controlled Substance Tax $ 9,100 $ 9,100 Total $ - $ 9,100 $ 9,100 Prior to Actions Total if Actions Today Taken Departmental Budget is 32,723 1 Is 41,823 Section 2: Explanation BA 16 -023 budgets Controlled Substance Tax receipts for 9/23, 10/28 and 11/23 and interest on investments. Controlled Substance Tax funds and must be used for law enforcement purposes. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -023 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 2 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Federal Forfeited Property Department: Sheriff Expenditure: Decrease Increase Total BA 16 -024 - Federal Forfeited Property $ 23,885 $ 23,885 Total $ - $ 23,885 $ 23,885 Revenue: Decrease Increase Total BA 16 -024 - Federal Forfeited Property $ 23,885 $ 23,885 Total $ - $ 23,885 $ 23,885 Prior to Actions Total if Actions Today Taken Departmental Budget $ 186,944 $ 210,829 Section 2: Explanation BA 16 -024 budgets Federal Forfeited Property Fund receipts for 10/27, 11/09, and 11/12 and interest on investments. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement. $15,000 will be transferred to the General Fund for the Governor's Crime Commission body cameras grant match. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -024 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P_ Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 3 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Department: Sheriff Expenditure: Decrease Increase Total BA 16 -025 - Body Camera Grant $ 75,000 $ 75,000 BA 16 -026 - Miscellaneous Expenditure $ 20,334 $ 20,334 Total $ - $ 95,334 $ 95,334 Revenue: Decrease Increase Total BA 16 -025 - Body Camera Grant $ 75,000 $ 75,000 BA 16 -026 - Miscellaneous Revenue $ 20,334 $ 20,334 Total $ - $ 95,334 $ 95,334 Prior to Actions Total if Actions Today Taken Departmental Budget $ 43,002,663 $ 43,097,997 Section 2: Explanation BA 16 -025 budgets Enhancing the Safety of Law Enforcement Grant from the Governor's Crime Commission in the amount of $60,000_ The County match will consist of a $15,000 transfer from the Federal Forfeited Property Fund. Funds from the grant will be used to purchase body -worn cameras for law enforcement officers. BA 16 -026 budgets revenue received from the U_ S. Department of Justice for overtime work from VICE and Detectives for work with the Federal Bureau of Investigation and U. S. Marshals Service. The amendment also budgets revenue received from the Clerk of Court for judgements and laboratory fees. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -025 and 16 -026 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Board of Commissioners - December 14, 2015 ITEM: 15- 4 - 1 Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 4 - 2 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Enhance / add recreational, cultural and enrichment amenities Understand / act on citizen needs Fund: General Fund Department: Parks and Gardens Expenditure: Decrease I Increase 11 Total BA 16 -029 - Trillium Grant 1 $750,00011 $750,000 Total $0 $750,000 1 $750,000 Revenue: Decrease I Increase I Total BA 16 -029 - Trillium Grant 1 $750,00011 $750,000 Total $0 $750,00011 $750,000 Prior to Actions Total if Actions Today Taken Departmental Budget $5,876,492 $6,626,492 Section 2: Explanation BA 16 -029 will accept a grant award from Trillium Health Resources in the amount of $750,000. The funding will be used to construct an inclusive playground that accommodates individuals of all needs. There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -029 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P_ Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 5 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Health Department Expenditure: Decrease Increase Total BA 16 -030 - CFMF Grant $15,000 $15,000 BA 16 -035 - Safe Kids Worldwide Grants $1,200 $1,200 Total $0 $16,200 1 $16,200 Revenue: Decrease Increase Total BA 16 -030 - CFMF Grant $15,000 $15,000 BA 16 -035 - Safe Kids Worldwide Grants $1,200 $1,200 Total $01 516,200 $16,200 Prior to Actions Total if Actions Today Taken Departmental Budget $13,266,727 $13,282,927 Section 2: Explanation BA 16 -030 will increase the budget for the Cape Fear Memorial Foundation (CFMF) grant. The CFMF notified the Health Department that the FYI award is $100,000, which is $15,000 more than in previous years and more than the adopted budget. The funds will be used for the Early Intervention Collaboration Program (EICP). There is no County match required. BA 16 -035 accepts three Safe Kids Worldwide grants. The three grants received are for the following programs, 1) $500 for International Walk to School Day; 2) $200 for Halloween Pedestrian Safety; and 3) $500 for Never Leave Your Child Alone in a Car, Heatstroke. There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -030 and 16 -035 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 6 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Fund: General Department: Library Expenditure: Decrease Increase 11 Total BA 16 -031 - Aid to Public Library Grant 1 $13,03511 $13,035 Total $0 $13,035 $13,035 Revenue: Decrease I Increase I Total BA 16 -031 - Aid to Public Library Grant 1 $13,03511 $13,035 Total $0 $13,035 $13,035 Prior to Actions Total if Actions Todav Taken Departmental Budget $4,329,8651 1 $4,342,900 Section 2: Explanation BA 16 -031 - The New Hanover County Public Library will receive a total of $190,743 from the Aid to Public Libraries Fund for FY16. This is $13,035 more than included in the adopted budget. The additional funding will be used to purchase needed items for the Pleasure Island Branch Library. There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -031 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted_ Adopted, this 14th day of December, 2015. (SEAL) Chairman Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 7 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Deliver value for taxpayer money Fund: Parks and Recreation Bonds Department: Library Expenditure: Decrease Increase I Total BA 16 -043 - Library Story Park $152,00011 $152,000 Total $0 $152,00011 $152,000 Revenue: Decrease I Increase I Total BA 16 -043 - Library Story Park 1 $152,00011 $152,000 Total $0 $152,00011 $152,000 Prior to Actions Today Departmental Budget $39,015,586 Total if Actions Taken $39,167,586 Section 2: Explanation BA 16 -043 will adjust the budget for the Library's Story Park. The Library was allocated a portion of the $35.5M Parks and Recreation Bond. The Library Story Park Project has been designed and the estimated cost is $350,000 to complete. The Library is contributing $152,000 to the project from escrow funds, which include book sale proceeds, fundraisers and donations. This budget amendment will increase contribution revenue and capital project expenditures in the Parks and Recreation Bond Capital Project Fund. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -043 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P_ Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 8 - 1 AGENDA: December 14, 2015 hl DUTA 1 /_V[I]1 DI Kfi11U011 1X11 DI AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Support programs to improve educational performance Fund: General Department: Museum Expenditure: Decrease Increase Total BA 16 -034 - Grassroots Science $6,000 1 - $6,000 BA 16 -036 - National Endowment for Humanities Total $1,000 $1,000 Total $6,000 $1,000 - $5,000 Revenue: Decrease Increase Total BA 16 -034 - Grassroots Science $12,551 $6,551 - $6,000 BA 16 -036 - National Endowment for Humanities $1,000 $1,000 Total $12,551 $7,551 - $5,000 Prior to Actions Today Departmental Budget $1,226,184 Total if Actions Taken $1,221,184 Section 2: Explanation BA 16 -034 will adjust the FY16 adopted budget for the Museum's Grassroots Science program. The adopted budget included grant revenue of $63,717 and an escrow contribution of $37,536. The Department of Commerce has notified the Museum that the actual grant award is $70,268, which is an increase of $6,551. In addition to the increase in grant revenue, the Museum will decrease expenses by $6,000. This savings would be realized by reductions in supplies and other operational expenditures. Due to the grant increase and decrease in expenditures, the Museum would like to reduce the escrow contribution by $12,551. BA 16 -036 accepts a grant from the National Endowment for the Humanities in the amount of $1,000. The grant supports programming and marketing expenses related to the Museum's exhibit For All the World to See. There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -034 and 16 -036 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 9 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Understand / act on citizen needs Fund: General Fund Department: Emergency Management Expenditure: Decrease Increase Total BA 16 -040 - Hazardous Material Grant $6,200 $6,200 BA 16 -041 - Homeland Security Grant $3,500 $3,500 Total $0 $9,7001 $9,700 Revenue: Decrease Increase Total BA 16 -040 - Hazardous Material Grant $6,200 $6,200 BA 16 -041 - Homeland Security Grant $3,500 $3,500 Total $0 $9,700 $9,700 Prior to Actions Toda Departmental Budget $8,989,986 Total if Actions Taken $8,999,686 Section 2: Explanation 16 -040 accepts a Hazardous Material Emergency Preparedness grant from the NC Department of Public Safety for Emergency Management in the amount of $6,200. The funds will be used for supplies and consultant fees to conduct a functional exercise simulating a leaking railcar of flammable liquid. There is no County match required. 16 -041 accepts a Homeland Security grant award from the NC Department of Public Safety for Emergency Management to conduct exercises. The exercises include hurricane, Individual Care Coordination Center, co- location shelter, Long Term Care Emergency Planning Workshop and Special Needs Call Down Drill. The grant amount is $3,500 and will be used to purchase supplies and meals for the participants. There is no County match required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -040 and 16 -041 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 14th day of December, 2015 (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 10 - 1 AGENDA: December 14, 2015 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Total BA 16 -032 - RSVP SHIIP Grant $1,192 $1,192 BA 16 -033 - RSVP Grant $3,900 $3,900 BA 16 -037 - Title III -D Grant $7,548 $7,548 BA 16 -038 - HCCBG Grant $19,880 $19,880 BA 16 -039 - VOCAL Grant $17,256 $17,256 BA 16 -042 - Senior Ctr General Purpose Grant $1,569 - $1,569 BA 16 -044 - SHIIP Grant $2,485 $2,485 BA 16 -046 - ROAP Grant $37,513 $37,513 Total $1,569 $89,774 $88,205 Revenue: Decrease Increase Total BA 16 -032 - RSVP SHIIP Grant $1,192 $1,192 BA 16 -033 - RSVP Grant $3,900 $3,900 BA 16 -037 - Title III -D Grant $7,548 $7,548 BA 16 -038 - HCCBG Grant $19,880 $19,880 BA 16 -039 - VOCAL Grant $17,256 $17,256 BA 16 -042 - Senior Ctr General Purpose Grant $1,569 - $1,569 BA 16 -044 - SHIIP Grant $2,485 $2,485 BA 16 -046 - ROAP Grant $37,513 $37,513 Total $1,569 $89,774 1 $88,205 Departmental Budget Appropriated Fund Balance Prior to Actions Today $2,358,510 $10,496,9711 Total if Actions Taken $2,446,715 $10,495,685 Section 2: Explanation BA 16 -032 will increase revenue and expense in the amount of $1,192. The NC Department of Insurance has awarded the Senior Resource Center $5,521for the RSVP (Retired Senior Volunteer Program) SHIIP (Senior Health Insurance Information Program). The recurring grant was included in the FY16 adopted budget, however only budgeted for $4,329. The additional funds will be used to pay additional staff hours to provide prescription drug counseling. There is no County match required. BA 16 -033 will increase the RSVP (Retired Senior Volunteer Program) grant revenue and expense. The Corporation for National and Community Services awarded an additional $3,000 to the Senior Resource Center to support the program. The grant does require a $900 match, which will be provided by the Senior Resource Center escrow funds. The additional funds will be used to purchase two (2) laptops and a printer_ Board of Commissioners - December 14, 2015 ITEM: 15- 11 - 1 BA 16 -037 will adjust the budget for the Title III -D Evidenced Based Promotion grant. This recurring grant was included in the FY16 adopted budget, but has been awarded for $6,793 more. The additional grant revenue does require an additional match of $755. VOCAL (Volunteer Older Citizen Action League) has provided the funds for the match, which is a part of this budget amendment. The additional funds will be used to provide additional programs (Geri -Fit and Powerful Tools for Caregivers) and expand the existing program (Matter of Balance) to additional locations. BA 16 -038 will adjust revenue and expenditures to reflect additional HCCBG (Home and Community Care Block Grant) funds restored by the adoption of the NC State Budget. The Senior Resource Center will receive an additional amount of $17,891, which requires a $1,989 match. VOCAL (Volunteer Older Citizen Action League) will provide the funds for the match and is a part of this budget amendment. The HCCBG Advisory Committee recommended that the additional funds be used for the transportation program to help offset losses in revenue from other sources this fiscal year for elderly transportation. BA 16 -039 will accept a grant award from VOCAL (Volunteer Older Citizen Action League) that will be used for the Senior Resource Center's transportation program. The amount of the grant is $17,256. There is no County match required. BA 16 -042 will reduce the budget for the Senior Center General Purpose grant. This recurring grant was included in the FY16 adopted budget, but the award is less than estimated. The grant revenue will be reduced by $283 and appropriated fund balance will be reduced by $1,286. The expenditure will be reduced by $1,569. The General Purpose grant funds are used to pay salaries for part -time switchboard operators. The reduction will not have an impact on service. BA 16 -044 will increase revenue and expense in the amount of $2,485. The NC Department of Insurance has awarded the Senior Resource Center $3,485 for the SHIIP (Senior Health Insurance Information Program). The recurring grant was included in the FY16 adopted budget, however only $1,000. There is no County match required. The additional funds will be used for outreach in non - traditional locations, education supplies, and staff time to help identify individuals who may be eligible for subsidies and to provide ongoing support for Medicare related topics. BA 16 -046 will increase revenue and expense in the amount of $37,513. The ROAP (Rural Operating Assistance Program) EDTAP (Elderly and Disabled Transportation Assistance Program) is a recurring grant that was included in the FY16 adopted budget, but for only $42,841. The actual allocation for the Senior Resource Center EDTAP funds is $80,354. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -032, 16 -033, 16 -037, 16 -038, 16 -039, 16 -042, 16 -044 and 16 -046 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this the 14th day of December, 2015. (SEAL) Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 15- 11 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Commissioners PRESENTER(S): Commissioner Watkins CONTACT(S): Chris Coudriet, County Manager SUBJECT: Recognition of The Fellow Award BRIEF SUMMARY: Commissioner Watkins will recognize Neal Lewis, former New Hanover County Parks Director, who has recently received The Fellow Award from the NC Parks and Recreation Association. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize Neal Lewis. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize Neal Lewis. COMMISSIONERS' ACTIONS: Recognized Neal Lewis. Board of Commissioners - December 14, 2015 ITEM: 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 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. 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 - December 14, 2015 ITEM: 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Jim Flechtner, Cape Fear Public Utility Authority Executive Director CONTACT(S): Chris Coudriet, County Manager SUBJECT: Cape Fear Public Utility Authority 2015 Annual Report BRIEF SUMMARY: Jim Flechtner will provide the Cape Fear Public Utility Authority 2015 Annual Report. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear report. COMMISSIONERS' ACTIONS: Heard report. Board of Commissioners - December 14, 2015 ITEM: 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Eddie Burke, Partner, Cherry Bekaert LLP CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer or Jennifer Maready, Deputy Chief Financial Officer SUBJECT: Presentation of Audited Financial Results for the Fiscal Year Ended 6/30/2015 BRIEF SUMMARY: The New Hanover County Comprehensive Annual Financial Report for the fiscal year ended 6/30/2015 is completed. The results of the audit and financial report will be presented by Eddie Burke, Audit Partner with Cherry Bekaert LLP. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Enhance and maintain effective policies RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners listen to the presentation and approve the New Hanover County Comprehensive Annual Financial Report for fiscal year ended 6/30/2015. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and approve presentation. COMMISSIONERS' ACTIONS: Heard presentation. Approved the report 5 -0. Board of Commissioners - December 14, 2015 ITEM: 19 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Engineering PRESENTER(S): Layton Bedsole, Shore Protection Coordinator CONTACT(S): Jim Iannucci, County Engineer and Layton Bedsole SUBJECT: Consideration of Mason Inlet Relocation Project, 2015/2016 Relocation Maintenance Event BRIEF SUMMARY: In coordination with the Mason Inlet Preservation Group (MIPG), New Hanover County conducted the initial relocation of Mason Inlet in the spring of 2002. The project relocated Mason Inlet approximately 3,000 feet to the north of the Shell Island Resort on Wrightsville Beach. The project also re- opened the Mason Creek connection from the Atlantic Intracoastal Waterway (AIWW) to Mason Inlet. The project's primary goal is to preserve public and private infrastructure threatened by the inlet's southern migration. Project elements that are triggering this 2015/2016 maintenance event include, the US Army Corps of Engineers' (USACE) 22 July 2015 notification of mandatory maintenance dredging within the Mason Creek AIWW crossing, the inlet complex's shoaling exceeding the minimum volume (375,000 cubic yards), the inlet complex's southern migration and the additional shoaling effects from Joaquin. The maintenance project consists of hydraulic dredging approximately 475,000 cubic yards of shoaled beach quality sand from the federal AIWW navigation channel's crossing, Mason Creek and Mason Inlet. All removed sand shall be transported by pipeline and beneficially reused along 10,000 linear feet of Figure 8 Island's beachfront. Figure 8 Island will pay $5.50 per cubic yard for the sand's beneficial reuse; the estimated cost is approximately $2.6M. The remaining contract costs, estimated at approximately $1.0M, will be assessed to the Wrightsville Beach members of the MIPG. Gahagan and Bryant, the managing engineering firm of record, has advertised and taken bids with an apparent low bid of $3,673,500.00 submitted by Norfolk Dredging. With your concurrence, a contract will be awarded and a notice to proceed will be issued; the project completion date is 31 March 2016. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests approval to award the project and issue a notice to proceed. ATTACHMENTS: MIRP Project Plan View Letter from Figure 8 HOA Board of Commissioners - December 14, 2015 ITEM: 20 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: A motion to award the project and issue a notice to proceed was approved 5 -0. Board of Commissioners - December 14, 2015 ITEM: 20 Ti Pirruen'isv.anIi 9EMEFILYL REWSE PUCEIIEM RMA^ A17A�YVi YCOCEW Board of Commissioners - December 14, 2015 ITEM: 20- 1 - 1 L73 Y \7* Figure "8" Beach Homeowners' Association, Inc. 15 Bridge Road • Wilmington, North Carolina 28411 Telephone: (910) 686 -0635 • Fax: (910) 686 -1558 Web: www.figure8homeowners.com • Email: figure8homeowners @bizec.rr.com December 4, 2015 Mr. Chris Coudriet Manager, New Hanover County 230 Government Center Drive, Suite195 Wilmington, North Carolina 28403 Dear Mr. Coudriet, / tV:D Thank you for your commitment to the Mason Inlet project. I am confident it will remain a success story for all of us in the future. I attended the second bid opening December 1 and was pleased with the outcome. I believe your staff was pleased as well and that things are progressing along nicely. I genuinely believe that the County conducting the project this time is in the best interest of all parties involved. It is my understanding that for this event that the sand will be placed on Figure Eight Island in accordance with the assessment resolution and we are glad to accept up to 500,000 cubic yards surveyed in place. It is my understanding the contract is for an amount very close to that number. I will work with the staff and engineers to determine placement of material and would like to have input on that decision. I think it is a good project that will satisfy the Corps of Engineers requirement for the Atlantic Intracoastal Waterway obligation. It will also perform the much needed maintenance of the inlet and provide sand for the eroded areas on Figure Eight Island. I look forward to working with you and your staff on this project and if I can be of assistance, please do not hesitate to contact me. Sincerely, �J David C. Kellam, Administrator Figure 8 Beach Homeowners' Association, Inc. Board of Commissioners - December 14, 2015 ITEM: 20- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Jennifer Rigby, Long Range Planner; and Dylan McDonnell, Long Range Planner 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 4: Visualizing the Future of the Comprehensive Land Use Plan for Hearing and Consideration of a Resolution to Adopt Chapter 4: Visualizing the Future as a Part of the Comprehensive Plan BRIEF SUMMARY: In January, staff presented a draft Future Land Use map for New Hanover County residents to review. Since that time, staff met with many citizens and stakeholders to finalize a draft Future Land Use map that represents the goals and objectives presented in Chapter 3, Framing the Policy. After more than five versions of the map and two work sessions with the Planning Board and Board of Commissioners, staff has finalized the Future Land Use Map. The Future Land Use Map will replace the 2006 CAMA Land Classification Map and incorporates "Place Types" which represent development patterns that are that are different from the 2006 CAMA Land Classification Map currently in use. The biggest change is the incorporation of Mixed Use land use classifications, the removal of the Urban Services Boundary, and the understanding that additional infrastructure will be needed to fully implement the new future land use map. Further, the use of Place Types and Exceptional Resource Areas provided on an interactive online "story map" that aid citizens and the development community in the development process. This map can be accessed on our website at www.plannhe.com. The Planning Board received and approved Chapter 4: Visualizing the Future of the Comprehensive Plan at its regularly scheduled meeting on November 4th. One condition was placed on the approval: A disclaimer on the 8.5" by I I" printed Future Land Use Map with Exceptional Resource Areas that states, "This map represents a smaller version of the full size 36X48 map. As such, features and symbols may be more difficult to distinguish. To clearly view the map and all its content, it's recommended you view a larger printed map or a digital version on our website at www.plannhc.com." 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 • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - December 14, 2015 ITEM: 21 A motion of approval for the attached resolution to validate Chapter 4: Visualizing our Future is requested. ATTACHMENTS: Script Future Land Use Maps and Place Types Resolution for Approval of Chapter 4 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt the resolution to validate Chapter 4 of the Comprehensive Plan. COMMISSIONERS' ACTIONS: Tabled the item 5 -0 so that the Planning Board and Staff may meet with a representative of CAMA to discuss potential changes to CAMA planning regulations and bring back a report at a future meeting. Board of Commissioners - December 14, 2015 ITEM: 21 SCRIPT FOR Comprehensive Plan Resolution Plan NHC Chapter 4: Visualizing the Future Request by Planning staff to recommend Chapter 4: Visualizing the Future be validated as the 4th Chapter of the New Hanover County Comprehensive Plan "Plan NHC" by resolution. 1. This is a public hearing. We will hear a presentation from staff. Then the supporters and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporter's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board of Commissioner's discussion 5. Vote on the Resolution request. 1. Motion to recommend validation; or 2. Motion to continue. Suggested motion: The Board of Commissioners validates Chapter 4: Visualizing the Future as the 4th Chapter of Plan NHC and accepts it by resolution. Board of Commissioners - December 14, 2015 ITEM: 21- 1 - 1 New Hanover County Future Land Use Map Final Draft Fu It 2015 Pender County Brunswick County A I� a O O 0 O� Reber Road E■ Realignment • ■ ajNF � f C •� a r L ■ I ■ 4 DRAFT Place Type COMMERCEZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE - COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION OGrowth Nodes WATER FEATURES The Future Land Use Map is not legally binding like the New Hanover County Zoning Map. It is intended to be a general representation of the 25 year vision for New Hanover County, created by the citizens who were involved 14 2Mth Plan NHC, and will be used to guide future development decisions. J New Hanover County Exceptional Resource Areas Final Draft Fall 2015 '�` Brunswick County DRAFT Place Type - COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL - URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION OGrowth Nodes WATER FEATURES DRAFT M y 0 LL - - fdlL•K.JR. - LL . O Cl) - i. � MARKET FqS, 9 /fib • G� _ OLEANDER 2m eP SHIPYPRID w oLF w ,- o OD ' � • �Q - _ � Primary Aquifer Recharge Areas RiberRoad Reaflgnmer�,t ' ■ ArN Flood Zones NA 1983 StatePlane North Carolina FIPS 3200 Feet Projection: Lambert Conformal Conic Linear Unit: Foot U.S. GCS: North American 1983 Datum: North American 1983 Scale: 1:34,470 Environmental Data Sources: NC DEQ FEMA NHC Aquifer Management Program of 1982 2 ✓ Miles ,. FR -�' d Potential Wetland Areas �.SAN�ERS Pj (9 Public Coastal Waters C) r Public Inland Waters Z -Ar_yy m Potential Aa,._r:.grP Significant Natural Heritage Areas Outstanding Resource Waters Environmental features shown are off -site or _ general representations and are for informative purposes only. True delineations must be field verified by site experts.' This map represents a smaller version of the full size 36x48 map. As such, features and symbols may be more difficult to distinguish. To clearly view the map and all its content it's recommended you view a larger printed map or a digital version on our website at www.plannhc.com of commis De `ber 14, 2015 ITE -2 These areas serve as employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densities are dependent in part on the type of industry; some industrial uses will likely be one story with large setbacks and ample room for trucks and other large DESIRED USES ♦ Types of Uses / Projects Light Industrial Heavy Industrial Office Recreation DEVELOPMENT INTENSITY ' ;r,Fdddddid � ter,} r vehicles. Office uses can be multi -story and nearer the street, while office buildings can be two or three stories and closer to the street. Commerce Zones, unlike Employment Centers, do not allow residential uses. Commerce Zones require arterial or major collector road access connecting them to areas outside their boundaries. ♦ Mix of Uses CON OFFICE 0 INDUSTRIAL film "AlMiA 777—n-7-:.— ­.J EXAMPLE AREAS U.S. 421 Corridor ♦ Typical Zoning Categories Commercial Office & Institutional Industrial ♦ Massing / Scale Recommendations ♦ Urban Design Recommendations Number Street Pattern: Use of Stories Ideal Density Grid or radial Office 1 -7 Low -to -High , Block Length: ■ 300 ft - .5 mi Industrial 1-3 Low /Moderate " NJ fi Setbacks: Residential: not applicable Non - residential: Away from street Pedestrian Amenities: Sidewalks, street & shade trees, street furniture, bike racks MODE CHOICES ♦ Transportation Infrastructure Recommendations On- campus walkways ® Arterial & col tcto ro Fixe ro� L� Wide shoulder oard oi&mmissio Qecemer 4 Open space 2 -4 travel lanes ITEM: Ar,O Bicycle parking on site ■ ■ Off - street parking DEFINITION `A4%, - Az M — L 0 k -11 AIW - These areas serve as employment and production hubs, with office and light industrial uses predominating. Densities are dependent in part on the type of industries located here; office uses can be multi -story and nearer the street, while light industrial uses will likely be one story with large setbacks and ample room for trucks and other large vehicles. Employment DESIRED USES ♦ Types of Uses / Projects Office Industrial Single - Family Residential Multi - Family Residential Commercial / Retail Recreational DEVELOPMENT INTENSITY G�rpp Centers can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Employment Centers require arterial or major collector road access connecting them to areas outside their boundaries. ♦ Mix of Uses AL OFFICE HOUSING EXAMPLE AREAS Airport Vicinity Dutch Square NorthChase Hermitage Road ♦ Typical Zoning Categories Commercial Office & Institutional Industrial Low & Moderate Density Residential ♦ Massing / Scale Recommendations ♦ Urban Design Recommendations Number Street Pattern: Use of Stories Ideal Density Grid or radial Office 1 -7 Low -to -High , Block Length: Industrial 1 1 -3 Single - Family 1-3 Residential Multi - Family 2 -3 Residential MODE CHOICES ♦ Transportation Infrastructure Recommendations Low /Moderate " ■ i 300 ft - .5 mi Setbacks: Low, V ■ � - ' Residential: Near sidewalk Non - residential: Far from Moderate sidewalk (12 -15 du /acre) Pedestrian Amenities: Sidewalks, street & shade trees, street furniture, bike racks On- campus salkways ® Arterial & col cto ro Fixe ro� L� Wide shoulder oard oi&mmissio Qecemer 4 Open space 2 -4 travel lanes ITEM: Ar,O Bicycle parking on site Multi -use paths ■ ■ Off - street parking DEFINITION This placetype provides opportunity for lower - density housing and associated civic and commercial services. Housing is typically single - family or duplexes, with setbacks on all sides. Block sizes are large, at 1/a to 1/2 mile wide. Commercial uses should be limited to office and retail spaces in carefully located areas where neighborhood character will be enhanced, while recreation and school facilities are DESIRED USES ♦ Types of Uses / Projects Single - Family Residential Low- Density Multi - Family Residential Light Commercial Civic Recreational DEVELOPMENT INTENSITY ♦ Massing / Scale Recommendations Use Office Retail t Age iTF llfv�$+. i�x�rs encouraged throughout. Access to areas outside these residential areas is provided by arterial roadways, but still allowing for interconnection between other placetypes. However, limiting cul -de -sacs is encouraged to promote better internal circulation and minimizing high - volume traffic roads within the area. Flooding hazard avoidance should be taken into consideration when abutting coastal areas. ♦ Mix of Uses Planned Development Low- Density Multi - Family Single - Family Residential MODE CHOICES ♦ Transportation Infrastructure Recommendations HOUSING Number of Stories Ideal Density 1 -2 Low 1 -2 Low 1-3 Medium 1 -3 2 -6 du/acre 1 -3 1 -6 du/acre EXAMPLE AREAS Middle Sound Myrtle Grove Castle Hayne Porter's Neck Wrightsboro Masonboro Loop ♦ Typical Zoning Categories Low Density Residential Medium Density Residential Office & Institutional Planned Unit Development Urban Design Recommendations Street Pattern: Warped Grid & . Limited Cul -de -sacs ' Block Length: 1000 - 2500 ft SIT Setbacks: Residential: Away from street or in line with existing development Non - residential: Away from the street Pedestrian Amenities: Sidewalks, Street Trees, Open Space, Shade 4 -6 ft sidewalks (some areas) • • Arterial, collector & local roads Limit d fi d-p transit • Street lamps ,� 01U On-road wide outside lane 2 -4 travel lari�9ard of Commissio r - cem er Crosswalks at schools, ITEM: OCO Greenways &multi -use paths busy intersections 0 E On and off - street parking Vanpool commuting 6,4 DEFINITION This placetype provides access to a mix of residential, office, and retail uses at higher densities. Multi- family residential uses are preferred, though higher- density single family developments will not be prohibited. Mixed uses are encouraged in the same footprint in a vertical pattern, but they can also be adjacent, or separated by lower traffic local and collector roads in a horizontal pattern. This placetype DESIRED USES ♦ Types of Uses / Projects can include big box retail that has included appropriate urban design features. These areas place an emphasis on multimodalism through the requirement of sidewalks on all non -local streets, crosswalks at all intersections, dedicated bicycle lanes or wide outside lanes, and bus access. Types of uses include office, retail, mixed use, small recreation, single - family and multi - family residential. ♦ Mix of Uses Retail HOUSING Office Mixed Use MIXED USE Single & Multi - Family Residential Small Recreational DEVELOPMENT INTENSITY Grri%.r= 1 EXAMPLE AREAS Ogden Kirkland Monkey Junction CFCC North Campus Area ♦ Typical Zoning Categories Moderate to High- Density Residential Mixed Use Office & Institutional Commercial ♦ Massing / Scale Recommendations ♦ Urban Design Recommendations Number Street Pattern: Use of Stories Ideal Density Arterial & local; grid or partial grid Office 3 -7 Moderate/ Block Length: High LO Retail 1-3 Low/Moderate 200 - 800 ft Setbacks: Planned Development 2 -7 Moderate High ^ ■ ■' Varies � Pedestrian Amenities: Residential 2 -5 Moderate Sidewalks, street trees, street High furniture, shade trees, bike Commercial/ 2 -7 Moderate racks, lighting, crosswalks, Mixed Use High plazas, pedestrian malls MODE CHOICES ♦ Transportation Infrastructure Recommendations • • 5-12 ft Sidewalks ® Arterial, collector &local roads • Limit d f d- t transit Bicycle lanes Pedestrian malls & paths 2 -4 travel larggard of Commissio r - ec mbeer 1x ��� �JEM: Covered transit stops Orr Wide shoulders Crosswalks 0 On- street, off - street & gara Transit hubs Bike racks parking 1 DEFINITION This placetype focuses on small - scale, compact, mixed use development patterns that serve multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher- intensity mixed use, including a combination of retail with office and housing above, wider sidewalks and an emphasis on streetscaping. However, DESIRED USES ♦ Types of Uses / Projects Office Retail Mixed Use Multi- family Residential Single - Family Residential Recreational DEVELOPMENT INTENSITY EXAMPLE AREAS these centers are generally small, no more Castle Hayne than a few square blocks. Civic uses, ♦ Urban particularly recreation and public gathering Sidbury Road places are encouraged here. Lower denisity Carolina Beach Road single family development may be acceptable Use when limitations to mixed use development exists. NorthChase Ideally, large- scale, lower density commercial and industrial developments are prohibited. Grid or radial ♦ Mix of Uses RECREATION OFFICE MIXED USE RETAIL HOUSING Vol" ♦ Typical Zoning Categories Moderate Density Residential Commercial Office & Institutional Mixed Use ♦ Massing / Scale Recommendations ♦ Urban Design Recommendations Street Pattern: Number Use of Stories Ideal Density Grid or radial Office Moderate Block Length: 1 -2 200 - 500 ft Retail 1-2 Low /Moderate Ln ' Setbacks: Mixed Use 2 -3 Moderate Residential: Near sidewalk i Non - residential: At sidewalk Multi - Family 2 -3 Moderate Pedestrian Amenities: Residential (12-15 du/acre) Sidewalks, street & shade trees, Single - Family 1-3 Moderate street furniture, bike racks Residential ( ±8 du/acre)* MODE CHOICES ♦ Transportation Infrastructure Recommendations • • 5-12 ft Sidewalks ® Arterial & col tcto ro Fixe ro y LT Bicycle lane / shoulder oard oi&mmissio Wecemer Crosswalks 2 -4 travel lanes ITEM: Ar,O Bicycle parking ■ ■ On and off street parking DEFINITION These are rural areas where new development occurs in a manner consistent with existing rural character while also preserving the economic viability of the land. Residential uses are the predominant, but not exclusive, use. Agricultural and rural recreational uses are intermixed with large -lot residential areas that range from 1 to 40 acres. Clustering of homes DESIRED USES ♦ Types of Uses / Projects Single - Family Residential Small -scale Agriculture & Forestry Recreational Open Space DEVELOPMENT INTENSITY in smaller lots can provide for conservation of other land while still providing opportunities for residential and agricultural growth. Rural areas have minimal transportation infrastructure requirements; rural collector and arterial roads are sufficient. ♦ Mix of Uses RECREATION AGRICULTURAL HOUSING .W� EXAMPLE AREAS Castle Hayne ♦ Typical Zoning Categories Very Low Density Residential Agricultural Recreational ♦ Massing / Scale Recommendations ♦ Urban Design Recommendations Number Street Pattern: Use of Stories Ideal Density st Organic and sparse Single- Family 1-3 Very Low Block Length: Residential • 0.5 - 5 miles ♦ ' Setbacks: Residential: Away from street MODE CHOICES ♦ Transportation Infrastructure Recommendations Pedestrian Amenities: Recreational trails, open space, shade trees • • Greenways and trails Arterial, collector, local Gre nw y ails � Greenways and trails ® & private rocpgard of Commis#-8L cLem�er. I 1 -4 Travel lanes ITE ow -traf is roads O 00 On -road wide shoulder Off - street parking DEFINITION Conservation places cover areas of natural open space and are intended to protect the natural environment, water quality, and wildlife habitats. They serve the public through environmental edu- cation, low- impact recreation and in their natural beauty. Protection may also extend to important cultural or archaeological resources and to areas where hazards are known to exist. Conservation areas and tools may apply to land that also falls into another zoning category, such as single- r r� family residential, though density is limited and conservation requirements generally take pre- cedence. In such areas, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development so as to ensure the protection of resources. Active efforts to acquire these areas should be pursued. Low - impact additions may include walkways, trails, fences, docks and access roadways. Board of Commissioners - December 14, 2015 ITEM- 21- 2 - 9 EXAMPLE AREAS Masonboro Island Managed Lands Sunny Point Blast Zone Public Land Trusts NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION VALIDATING THE FOURTH CHAPTER OF PLAN NHC: VISUALIZING THE FUTURE WHEREAS, New Hanover County is updating the CAMA Land Use Plan and creating a Comprehensive Plan for the unincorporated portion of the County; and WHEREAS, the Board of Commissioners has adopted Chapter 1: Public Engagement Plan; and WHEREAS, the Board of Commissioners has adopted Chapter 2: Evaluating the Present (a report of existing conditions); and WHEREAS, the Board of Commissioners has adopted Chapter 3: Framing the Policy; and WHEREAS, staff has worked with the community at large to develop Chapter 4: Visualizing the Future. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby validates "Visualizing the Future" as the fourth chapter within the Comprehensive Plan. ADOPTED this the 14th day of December, 2015. NEW HANOVER COUNTY Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - December 14, 2015 ITEM: 21- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning and Zoning Supervisor (Planning Board Rep: Jordy Rawl) 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. This item was tabled at the August 17, 2015 Board of Commissioners meeting and staff was instructed to consult with the City of Wilmington regarding their regulations pertaining to group homes. 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: 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. Board of Commissioners - December 14, 2015 ITEM: 22 ATTACHMENTS: A -421 Script A -421 Staff Summary A -421 Staff Summary Appendix A Special Exception Application DRAFT HUD -DOJ Statement on Group Homes, Zoning, and FHA 1. 14.15 Zoning Letter to OH Applicant Materials Coversheet 12.23.14 Letter from Greg Heafner A -421 Application 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 The Oxford House Manual Opposition Materials Coversheet 5 -6 -15 REALTOR Land Use Memo COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved the zoning ordinance text amendment as presented under the Staff Recommendation by a vote of 5 -0, 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; and 2. Reasonable and in the public interest because the amendment balances the preservation of residential communities while accommodating the needs of persons with disabilities; and With the following conditions: a. Group homes that are exempt from licensure pursuant to NCGS § 122C -22 must recertify their exemption status annually; and b. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. The Board added a stipulation that the 2000 -foot separation from any other group home will apply irrespective of municipal boundaries Board of Commissioners - December 14, 2015 ITEM: 22 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 - December 14, 2015 ITEM: 22- 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- 205, 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. After the May Planning Board work session, Staff revised their recommended version. 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, without having to seek a reasonable accommodation. Both the Petitioner's text amendment proposal and Staff's recommended version were presented to the Board of Commissioners during a public hearing at the August 17, 2015 meeting. After a lengthy discussion, Commissioner White made a motion to approve the text amendment as presented under the Staff Recommendation, which was seconded by Commissioner Zapple. Vice Chair Dawson then offered a substitute motion to approve the text amendment as presented under the Staff Recommendation but increase the number of persons from 6 to 8, and also to apply the 2000' separation requirement across municipal boundaries. Vice Chair Dawson's motion was seconded by Chairman Barfield, but failed with a 2 to 3 vote. Commissioner White's original motion was then voted on and passed 3 to 2. Later in the meeting, the Board unanimously voted to reconsider the item pursuant to Rule 18 (10) of the Board's Rules and Procedures for Meetings. Further discussion ensued and Vice Chair Dawson offered the same motion as she offered previously, and it was seconded by Commissioner White. After A-421,(04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 1 Pagel of 9 further discussion, Vice Chair Dawson agreed to withdraw her motion, and a motion by Commissioner White and seconded by Vice Chair Dawson was unanimously approved to table the item to allow time for staff to discuss the city's regulations for group homes with City of Wilmington staff. CITY OF WILMINGTON GROUP HOME REGULATIONS: In 2002, City of Wilmington Staff began the process of drafting new regulations for group homes. The staff met with a project- specific task force for three meetings from April to May 2002 and identified goals of preserving residential neighborhoods and providing special needs housing, and issues related to those two goals. Ordinance language was crafted and presented to the City's Planning Commission for approval. The draft language was then massaged with input from the City Council, and finally adopted in March 2003. The City of Wilmington Land Development Code provides several definitions related to residential arrangements for persons with special needs or disabilities: 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. Family care home: A home licensed pursuant to G.S. Ch. 131D, Art. 1, or G.S. Ch. 122C, Art. 2, with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) permanent resident disabled or elderly persons. If exempted or excluded from state licensure under these state statutes, then not a family care home except for adult care homes licensed under G.S. Ch. 131D, Art. 1, and excluded from licensure under G.S. Ch. 122C, Art. 2. Group home residential: Establishments primarily engaged in the provision of care or supervision of persons that includes overnight accommodations. This definition does not include: dormitories, fraternity and sorority houses, associations or organizations, civic, social and fraternal, hospitals, motels and hotels, nursing homes, schools, guest lodging; group home supportive small, group home supportive medium, group home supportive large, and any other similar uses that provide overnight accommodations. 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. 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. A-421,(04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 2 Page 2 of 9 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. Each of the above defined uses is either permitted by right, permitted by Special Use Permitted, or not permitted in each of the city's zoning districts. Below is a table summarizing how the uses are regulated in the city's zoning districts that are most similar to the county's zoning districts. For the sake of comparison, city zoning districts such as multi - family, mixed use, and historic zoning districts that are not comparable to any county zoning districts are omitted from the table below. City Zoning District: PD R- 20 - 0 R -7 CB RB LI IND 0&2 All RFMU Family Care Homes ( <_6) P P P P P - - - - - - P Group Home —Small ( <_3) P P P P P S S - - S - P Group Home — Med ( <_8) P P P P P P P - - P - P Group Home — Large ( <_12) S - - - - P P - - P - P Group Home - Residential S - - - - S S - - S - - P= Permitted (with supplemental standards) S= Special Use Permit required The city's development code also prescribes additional supplemental standards for group home uses in City Code Chapter 18, Article 6, Sections 18 -274, 18 -275, and 18 -276; the text from these sections, in addition to a summary of parking requirements for group home uses, can be found in Appendix A — City of Wilmington Group Home Definitions and Regulations. Following the Board of Commissioners meeting in August, staff met with city staff to discuss the city's regulations on group homes and the strengths and weaknesses of the city's regulations. City staff indicated that the overlapping definitions were confusing, the separation requirement was arduous to enforce, and on -going verification of the status of disability or special needs for residents in individual group homes was challenging. An amendment was recently adopted to the city regulations to require an annual recertification or exemption filing with the city; city staff hopes that the new annual filing requirement will strengthen the city's legal position if the special needs status of a resident of a group home is challenged, as well as better ensure that group homes maintain compliance with city and state requirements for group homes. EXISTING COUNTY REGULATIONS: 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 A-421,(04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 3 Page 3 of 9 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. 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. A -421, (04/15) Page 4 of 9 Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 4 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. A -421, (04/15) Page 4 of 9 Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. Red and Underline StFikethFeugh _ 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: In or around December 2014, Zoning Staff received a complaint from a citizen that it appeared that more than 3 unrelated people were living together in a home at 110 Lansdowne Road, and was out of compliance with the county's zoning regulations. Zoning Staff investigated the matter and was put in contact with the attorney, Mr. Greg Heafner, for Oxford House, who described the nature of the Oxford House and its use of the property at 110 Lansdowne Road. Mr. Heafner, also the petitioner in this text amendment case, followed up to zoning staff with a letter dated December 23, 2014 that detailed the Oxford House concept and operational model. 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 his A -421, (04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 5 Page 5 of 9 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: In or around December 2014, Zoning Staff received a complaint from a citizen that it appeared that more than 3 unrelated people were living together in a home at 110 Lansdowne Road, and was out of compliance with the county's zoning regulations. Zoning Staff investigated the matter and was put in contact with the attorney, Mr. Greg Heafner, for Oxford House, who described the nature of the Oxford House and its use of the property at 110 Lansdowne Road. Mr. Heafner, also the petitioner in this text amendment case, followed up to zoning staff with a letter dated December 23, 2014 that detailed the Oxford House concept and operational model. 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 his A -421, (04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 5 Page 5 of 9 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. The petitioner is requesting reasonable accommodation pursuant to the Federal Fair Housing Act by requesting that the county Zoning Ordinance be amended to include two new definitions: "Disabled Persons" and "Group Home ", and that the table of permitted uses in Section 50 be amended to include the new use of Group Home and allow that use by right in the county's residential zoning districts. The Federal Fair Housing Act makes it unlawful to refuse to make reasonable accommodation in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. Guidance for reasonable accommodation requests is found in a joint statement from the Department of Justice (DoJ) and the Department of Housing and Urban Development (HUD), which asserts that what constitutes a reasonable accommodation is a case -by -case determination. The statement further explains that not all requested modifications of rules or policies are reasonable. If a requested modification imposes an undue financial or administrative burden on a local government, or if a modification creates a fundamental alteration in a local government's land use and zoning scheme, it is not a "reasonable" accommodation. The joint statement from DoJ and HUD also states that local governments are encouraged to provide mechanisms for requesting reasonable accommodations that operate promptly and efficiently, without imposing significant costs or delays. 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 an amended version of the Petitioner's proposal. Importantly, the staff recommendation includes a formal method that group home providers could request a reasonable accommodation to a requirement for a group home through a procedure heard by the county's Zoning Board of Adjustment. Staff opines that the proposed reasonable accommodation request procedure is the more appropriate method for the Petitioner and Oxford House to seek zoning compliance for up to eight unrelated persons residing together at 110 Lansdowne Drive, rather than a change to the ordinance that would allow up to 8 unrelated disabled persons to reside together by right in all residential zoning districts, as proposed by the Petitioner. STAFF RECOMMENDATION: Red and Underline StFikethF ugh _ petitioner's Proposed Additions /Deletions Blue and Underline StFikethFe„„" _ 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. A-421,(04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 6 Page 6 of 9 21 22 Group Home — A home in which 6i^ to eiR -4` more than three (3) unrelated Disabled Persons 23 live together as a self - supporting and self- sufficient household unit, w4heHt aR 24 26 27 Section 50: Establishment of Use District; Table of Permitted Uses 28 29 Section 63.11: Group Homes 30 31 Group homes shall be permitted in accordance with the table of permitted 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 designee. No filing fee shall be required for such application. 52 c. Approval process. The procedures set forth in Section 121 -3 for variances and appeals 53 shall apply to Staff Review and Report, Public Hearing Notice and Action of the Board of 54 Adjustment. 55 d. Approval criteria. The Board of Adjustment shall grant a special exception to any 56 provision of this ordinance as a reasonable accommodation under the Federal Fair 57 Housing Act if the Board finds by the greater weight of the evidence that the proposed 58 special exception is: 59 i. "Reasonable." An accommodation will be determined to be reasonable if it 60 would not undermine the legitimate purposes and effects of existing zoning 61 regulations, and if it will not impose significant financial and administrative 62 burdens upon the County and /or constitute a substantial of fundamental 63 alteration of the Countv's ordinance provisions): and A -421, (04/15) Page 7 of 9 Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 7 R N PD R R R R R7 B B I 1 O & A A S R F Supp A I 20S 20 15 10 1 2 1 2 R I C A M Regs Permitted Uses u s Group Homes P P P P P P P P 28 29 Section 63.11: Group Homes 30 31 Group homes shall be permitted in accordance with the table of permitted 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 designee. No filing fee shall be required for such application. 52 c. Approval process. The procedures set forth in Section 121 -3 for variances and appeals 53 shall apply to Staff Review and Report, Public Hearing Notice and Action of the Board of 54 Adjustment. 55 d. Approval criteria. The Board of Adjustment shall grant a special exception to any 56 provision of this ordinance as a reasonable accommodation under the Federal Fair 57 Housing Act if the Board finds by the greater weight of the evidence that the proposed 58 special exception is: 59 i. "Reasonable." An accommodation will be determined to be reasonable if it 60 would not undermine the legitimate purposes and effects of existing zoning 61 regulations, and if it will not impose significant financial and administrative 62 burdens upon the County and /or constitute a substantial of fundamental 63 alteration of the Countv's ordinance provisions): and A -421, (04/15) Page 7 of 9 Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 7 64 65 66 67 68 69 70 71 72 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: 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. A -421, (04/15) Board of Commissioners - December 14, 2015 ITEM: 22- 2 - 8 Page 8 of 9 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 approve either the Petitioner', Staff's recommendation, or an alternative version • Motion to "table" the item in order to receive more information • Motion to deny 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 consistent. 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. I. 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 - December 14, 2015 ITEM: 22- 2 - 9 Page 9 of 9 Appendix A: City of Wilmington Group Home Definitions and Regulations nnf;r i +c.,— 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 Family care home: A home licensed pursuant to G.S. Ch. 131D, Art. 1, or G.S. Ch. 122C, Art. 2, with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) permanent resident disabled or elderly persons. If exempted or excluded from state licensure under these state statutes, then not a family care home except for adult care homes licensed under G.S. Ch. 131D, Art. 1, and excluded from licensure under G.S. Ch. 122C, Art. 2. Group home residential: Establishments primarily engaged in the provision of care or supervision of persons that includes overnight accommodations. This definition does not include: dormitories; fraternity and sorority houses; associations or organizations, civic, social and fraternal; hospitals; motels and hotels; nursing homes; schools; guest lodging; group home supportive small; group home supportive medium; group home supportive large; and any other similar uses that provide overnight accommodations. 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. A -421, (04/15) Appendix A Board of Commissioners - December 14, 2015 ITEM: 22- 3 - 1 Pagel of 4 Sec. 18 -274. - Group home supportive small, medium and large. Any group home supportive small, group home supportive medium, and group home supportive large shall meet the following prescribed conditions: (a)The group home supportive shall not be established, constructed, expanded, altered, changed, operated or occupied, except in accordance with the Minimum Housing Code and Abandoned Structures Ordinance, and all applicable federal, state, and local regulations, including, but not limited to, licensing requirements. (b)Off- street parking must be provided in accordance with Article 9 of this chapter. Regarding the group home supportive small, the one (1) space per staff person is one (1) space per staff person or family. In the districts where permitted, a proposed group home supportive shall be located and the distance measured as set forth in section 18 -276 (c)The group home supportive must conform to one (1) or more of the following: (1)It is licensed by the federal or state governments. (2)lt is funded in part by governmental grant or loans. (3)lt provides room and board, personal care, and habilitation services in a family environment. (d)For new construction, the facade of the structure shall be designed to be architecturally compatible with the streetscape for the district in which it is located. Any proposed change to the facade of an existing structure shall be architecturally compatible with the surrounding neighborhood. (e)Any group home supportive small, group home supportive medium or group home supportive large permitted under this section shall not cause any adjacent property to provide increased setbacks or buffers as provided for in other sections of the City Code. (f)No group home supportive shall be occupied or operated without a certificate of occupancy. Sec. 18 -275. - Group home residential, group day facility, group home supportive small, group home supportive medium and group home supportive large. (a)ln residential districts, all signs shall be nonilluminated and shall not exceed four (4) square feet in area. (b)Whether the group home residential or group day facility represents the principal or an accessory use, the minimum lot size for the site on which the facility is located shall be three thousand (3,000) square feet. (c)The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state or local codes, including, but not limited to, licensing requirements. A -421, (04/15) Appendix A Board of Commissioners - December 14, 2015 ITEM: 22- 3 - 2 Page 2 of 4 (1) Group homes residential that are exempt from licensure pursuant to G.S. Chapter 122C, Article 2, Section 122C -22 must recertify their exemption status annually; and (2) Group homes residential for special needs persons must recertify qualifications of all residents as special needs persons annually. (d)For new construction, the facade of the structure shall be designed to be architecturally compatible with the streetscape for the district in which it is located. Any proposed change to the facade of an existing structure shall be architecturally compatible with the surrounding neighborhood. (e)Any group home residential, group home supportive small, group home supportive medium or group home supportive large shall comply with section 18 -276. For such overnight group homes for persons other than special needs persons, no more than two (2) persons shall occupy a bedroom. (f)Adequate supervision shall be provided in accordance with any licensing requirement. If a license is not required, then the group home residential and group day facility for persons other than special needs persons shall have written operating procedures or a manual, including established goals and objectives for persons receiving supervision, care, treatment or therapy, and a structured system of management with a board of directors and adequate supervision. In a group day facility, supervision shall be provided by daily on -site staff. In a group home residential, for persons other than special needs persons supervision shall be provided by resident, daily on -site or on -call staff. Resident supervisory personnel must be a person hired full time for compensation to supervise the special needs persons. A plan for staff supervision shall be provided in the application for a special use permit. (g)For group homes residential for persons other than special needs persons, any more than three (3) final determinations of violations of the City Code and /or criminal convictions related to the premises within one (1) month, or six (6) within one (1) year, shall constitute inadequate supervision and a violation of the special use permit. Offenders shall include property owners as well as lessees, tenants and occupants. (h)Any group home residential or group day facility shall be subject to the landscaping regulations for the Office and Institutional (0&1) zoning district. (i)Any group home residential and group day facility permitted under this section shall not cause any adjacent property to provide increased setbacks or buffers as provided for in other sections of the City Code. A -421, (04/15) Appendix A Board of Commissioners - December 14, 2015 ITEM: 22- 3 - 3 Page 3 of 4 Sec. 18 -276. - Group home supportive small, medium and large, family care home, group home residential; separation requirements. (a)A proposed family care home shall be located no closer than within a one - half -mile radius from an existing permitted family care home within any single - family residential, MHP, HD -R, HD, and HD -MU districts whether contiguous or not. (b)A proposed group home residential shall be located no closer than within a one - half -mile radius from any existing permitted group home residential, group home supportive small, group home supportive medium, group home supportive large, or family care home within any residential, MHP, HD -R, HD, and HD -MU districts whether contiguous or not. (c)A proposed group home supportive small, medium, or large shall be located no closer than within a one -half (%) mile radius from any existing permitted group home supportive small, medium or large, or family care home, and a one -mile radius from any existing permitted group home residential within any residential, RO, MHP, HD -R, HD and HD -MU districts whether contiguous or not. There shall be no separation requirement for any family care home, group home supportive small and group home supportive medium in multifamily residential districts. (d)With respect to the distance between the proposed use and the existing, permitted uses described in subsections (a) through (c) above, the distance shall be measured by following a straight line from the nearest point of the lot line of the proposed use to the nearest point of the lot line of the lot on which the existing facility is located. (e)The separation distance shall be reduced by the right -of -way of a major thoroughfare exceeding one hundred (100) feet, major topographical features, such as a major watercourse or by major nonresidential or public uses such as a park, school, or religious institution located within such districts. (f)The board of adjustment may grant a variance from the separation requirement if shown to be a reasonable accommodation under the Fair Housing Act. Summary of Parking Requirements for Family Care Homes and Group Homes: Family care home I I 1 per 4 beds and 1 per supervisor and staff person Group home residential 2 plus 1 per 4 beds and 1 per supervisor and staff person Group home supportive, medium I I 2 plus 1 per 4 beds and 1 per supervisor Group home supportive, large 2 plus 1 per 4 beds and 1 per supervisor Group home supportive, small 2 plus 1 per 4 beds and 1 per supervisor A -421, (04/15) Appendix A Page 4 of 4 Board of Commissioners - December 14, 2015 ITEM: 22- 3 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for SPECIAL EXCEPTION 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) If different than Appellant Subject Property Name Owner Name Address Company Owner Name 2 Parcel ID Address Address Area City, State, Zip City, State, Zip Summary of Special Exception Requested: Received by: Phone Phone Email Application Tracking Information Case Number Email (Staff Only) Date /Time received: APPLICATION OVERVIEW In order to assist petitioners through the process for requesting a special exception, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the Section 63.11 of the Zoning Ordinance prior to submission, and advised to contact Planning Staff with any questions. Requests for special exceptions to any of the provisions of Section 63.11 of the Zoning Ordinance may be taken to the Board of Adjustment. The Board of Adjustment will hear and decide on the special exception in a quasi-judicial proceeding. 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: 1. "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 alteration of the County's ordinance provisions; and 2. "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. A concurring vote of four -fifths (4/5) of members of the Board is necessary to grant a special exception. Unless otherwise published or announced, Zoning Board of Adjustment meetings are held on the 4th Tuesday of each month at 5:30PM in the Lucie F. Harrell Conference Room at 230 Government Center Drive. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of ComTMoVEKf2 December 14, 2015 ITEICA: 22-4-1 06/15 PRE- APPLICATION CONFERENCE ENCOURAGED In order to assist petitioners through the process for filing a request for special exceptions, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications for special exceptions must be filed no later than 5:OOPM on the application deadline day prior to a Zoning Board of Adjustment meeting. REQUEST FOR SPECIAL EXCEPTION In the space below, please describe the request for the special exception, including what provision(s) of Section 63.11 from which the special exception is being requested. Applicants are advised to demonstrate how the special exception request is reasonable and necessary as described on Page 1. Please attach additional sheets if necessary. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Signature of Applicant and /or Property Owner Date Board of ComrtviMOTUf2 December 14, 2015 ITEICA: 22-4-2 06/15 JOINT STATEMENT OF THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GROUP HOMES, LOCAL LAND USE, AND THE FAIR HOUSING ACT Since the federal Fair Housing Act ( "the Act ") was amended by Congress in 1988 to add protections for persons with disabilities and families with children, there has been a great deal of litigation concerning the Act's effect on the ability of local governments to exercise control over group living arrangements, particularly for persons with disabilities. The Department of Justice has taken an active part in much of this litigation, often following referral of a matter by the Department of Housing and Urban Development ( "HUD "). This joint statement provides an overview of the Fair Housing Act's requirements in this area. Specific topics are addressed in more depth in the attached Questions and Answers. The Fair Housing Act prohibits a broad range of practices that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability.11The Act does not pre- empt local zoning laws. However, the Act applies to municipalities and other local government entities and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including individuals with disabilities. The Fair Housing Act makes it unlawful -- • To utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of non - disabled persons. An example would be an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area. • To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there. An example would be denying a building permit for a home because it was intended to provide housing for persons with mental retardation. • To refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. What constitutes a reasonable accommodation is a case -by -case determination. • Not all requested modifications of rules or policies are reasonable. If a requested modification imposes an undue financial or administrative burden on a local government, or if a modification creates a fundamental alteration in a local government's land use and zoning scheme, it is not a "reasonable" accommodation. The disability discrimination provisions of the Fair Housing Act do not extend to persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record, Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 1 or being a sex offender. Furthermore, the Fair Housing Act does not protect 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 persons or property of others. HUD and the Department of Justice encourage parties to group home disputes to explore all reasonable dispute resolution procedures, like mediation, as alternatives to litigation. DATE: AUGUST 18, 1999 Questions and Answers on the Fair Housing Act and Zoning Q. Does the Fair Housing Act pre -empt local zoning laws? No. "Pre - emption" is a legal term meaning that one level of government has taken over a field and left no room for government at any other level to pass laws or exercise authority in that area. The Fair Housing Act is not a land use or zoning statute; it does not pre -empt local land use and zoning laws. This is an area where state law typically gives local governments primary power. However, if that power is exercised in a specific instance in a way that is inconsistent with a federal law such as the Fair Housing Act, the federal law will control. Long before the 1988 amendments, the courts had held that the Fair Housing Act prohibited local governments from exercising their land use and zoning powers in a discriminatory way. Q. What is a group home within the meaning of the Fair Housing Act? The term "group home" does not have a specific legal meaning. In this statement, the term "group home" refers to housing occupied by groups of unrelated individuals with disabilities ll Sometimes, but not always, housing is provided by organizations that also offer various services for individuals with disabilities living in the group homes. Sometimes it is this group home operator, rather than the individuals who live in the home, that interacts with local government in seeking permits and making requests for reasonable accommodations on behalf of those individuals. The term "group home" is also sometimes applied to any group of unrelated persons who live together in a dwelling -- such as a group of students who voluntarily agree to share the rent on a house. The Act does not generally affect the ability of local governments to regulate housing of this kind, as long as they do not discriminate against the residents on the basis of race, color, national origin, religion, sex, handicap (disability) or familial status (families with minor children). Q. Who are persons with disabilities within the meaning of the Fair Housing Act? The Fair Housing Act prohibits discrimination on the basis of handicap. "Handicap" has the same legal meaning as the term "disability" which is used in other federal civil rights laws. Persons with disabilities (handicaps) are individuals with mental or physical impairments which substantially limit one or more major life activities. The term mental or physical impairment may include conditions such as blindness, Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 2 hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working. The Fair Housing Act also protects persons who have a record of such an impairment, or are regarded as having such an impairment. Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders, are not considered disabled under the Fair Housing Act, by virtue of that status. The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability. Q. What kinds of local zoning and land use laws relating to group homes violate the Fair Housing Act? Local zoning and land use laws that treat groups of unrelated persons with disabilities less favorably than similar groups of unrelated persons without disabilities violate the Fair Housing Act. For example, suppose a city's zoning ordinance defines a "family" to include up to six unrelated persons living together as a household unit, and gives such a group of unrelated persons the right to live in any zoning district without special permission. If that ordinance also disallows a group home for six or fewer people with disabilities in a certain district or requires this home to seek a use permit, such requirements would conflict with the Fair Housing Act. The ordinance treats persons with disabilities worse than persons without disabilities. A local government may generally restrict the ability of groups of unrelated persons to live together as long as the restrictions are imposed on all such groups. Thus, in the case where a family is defined to include up to six unrelated people, an ordinance would not, on its face, violate the Act if a group home for seven people with disabilities was not allowed to locate in a single family zoned neighborhood, because a group of seven unrelated people without disabilities would also be disallowed. However, as discussed below, because persons with disabilities are also entitled to request reasonable accommodations in rules and policies, the group home for seven persons with disabilities would have to be given the opportunity to seek an exception or waiver. If the criteria for reasonable accommodation are met, the permit would have to be given in that instance, but the ordinance would not be invalid in all circumstances. Q. What is a reasonable accommodation under the Fair Housing Act? As a general rule, the Fair Housing Act makes it unlawful to refuse to make "reasonable accommodations" (modifications or exceptions) to rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling. Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 3 Even though a zoning ordinance imposes on group homes the same restrictions it imposes on other groups of unrelated people, a local government may be required, in individual cases and when requested to do so, to grant a reasonable accommodation to a group home for persons with disabilities For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents who have mobility impairments. A similar waiver might not be required for a different type of group home where residents do not have difficulty negotiating steps and do not need a setback in order to have an equal opportunity to use and enjoy a dwelling. Not all requested modifications of rules or policies are reasonable. Whether a particular accommodation is reasonable depends on the facts, and must be decided on a case -by -case basis. The determination of what is reasonable depends on the answers to two questions: First, does the request impose an undue burden or expense on the local government? Second, does the proposed use create a fundamental alteration in the zoning scheme? If the answer to either question is "yes," the requested accommodation is unreasonable. What is "reasonable" in one circumstance may not be "reasonable" in another. For example, suppose a local government does not allow groups of four or more unrelated people to live together in a single - family neighborhood. A group home for four adults with mental retardation would very likely be able to show that it will have no more impact on parking, traffic, noise, utility use, and other typical concerns of zoning than an "ordinary family." In this circumstance, there would be no undue burden or expense for the local government nor would the single - family character of the neighborhood be fundamentally altered. Granting an exception or waiver to the group home in this circumstance does not invalidate the ordinance. The local government would still be able to keep groups of unrelated persons without disabilities from living in single - family neighborhoods. By contrast, a fifty -bed nursing home would not ordinarily be considered an appropriate use in a single - family neighborhood, for obvious reasons having nothing to do with the disabilities of its residents. Such a facility might or might not impose significant burdens and expense on the community, but it would likely create a fundamental change in the single - family character of the neighborhood. On the other hand, a nursing home might not create a "fundamental change" in a neighborhood zoned for multi- family housing. The scope and magnitude of the modification requested, and the features of the surrounding neighborhood are among the factors that will be taken into account in determining whether a requested accommodation is reasonable. Q. What is the procedure for requesting a reasonable accommodation? Where a local zoning scheme specifies procedures for seeking a departure from the general rule, courts have decided, and the Department of Justice and HUD agree, that these procedures must ordinarily be followed. If no procedure is specified, persons with disabilities may, nevertheless, request a reasonable accommodation in some other way, and a local government is obligated to grant it if it meets the criteria discussed above. A local government's failure to respond to a request for reasonable accommodation or an inordinate delay in responding could also violate the Act. Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 4 Whether a procedure for requesting accommodations is provided or not, if local government officials have previously made statements or otherwise indicated that an application would not receive fair consideration, or if the procedure itself is discriminatory, then individuals with disabilities living in a group home (and /or its operator) might be able to go directly into court to request an order for an accommodation. Local governments are encouraged to provide mechanisms for requesting reasonable accommodations that operate promptly and efficiently, without imposing significant costs or delays. The local government should also make efforts to insure that the availability of such mechanisms is well known within the community. Q. When, if ever, can a local government limit the number of group homes that can locate in a certain area? A concern expressed by some local government officials and neighborhood residents is that certain jurisdictions, governments, or particular neighborhoods within a jurisdiction, may come to have more than their "fair share" of group homes. There are legal ways to address this concern. The Fair Housing Act does not prohibit most governmental programs designed to encourage people of a particular race to move to neighborhoods occupied predominantly by people of another race. A local government that believes a particular area within its boundaries has its "fair share" of group homes, could offer incentives to providers to locate future homes in other neighborhoods. However, some state and local governments have tried to address this concern by enacting laws requiring that group homes be at a certain minimum distance from one another. The Department of Justice and HUD take the position, and most courts that have addressed the issue agree, that density restrictions are generally inconsistent with the Fair Housing Act. We also believe, however, that if a neighborhood came to be composed largely of group homes, that could adversely affect individuals with disabilities and would be inconsistent with the objective of integrating persons with disabilities into the community. Especially in the licensing and regulatory process, it is appropriate to be concerned about the setting for a group home. A consideration of over - concentration could be considered in this context. This objective does not, however, justify requiring separations which have the effect of foreclosing group homes from locating in entire neighborhoods. Q. What kinds of health and safety regulations can be imposed upon group homes? The great majority of group homes for persons with disabilities are subject to state regulations intended to protect the health and safety of their residents. The Department of Justice and HUD believe, as do responsible group home operators, that such licensing schemes are necessary and legitimate. Neighbors who have concerns that a particular group home is being operated inappropriately should be able to bring their concerns to the attention of the responsible licensing agency. We encourage the states to commit the resources needed to make these systems responsive to resident and community needs and concerns. Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 5 Regulation and licensing requirements for group homes are themselves subject to scrutiny under the Fair Housing Act. Such requirements based on health and safety concerns can be discriminatory themselves or may be cited sometimes to disguise discriminatory motives behind attempts to exclude group homes from a community. Regulators must also recognize that not all individuals with disabilities living in group home settings desire or need the same level of services or protection. For example, it may be appropriate to require heightened fire safety measures in a group home for people who are unable to move about without assistance. But for another group of persons with disabilities who do not desire or need such assistance, it would not be appropriate to require fire safety measures beyond those normally imposed on the size and type of residential building involved. Q. Can a local government consider the feelings of neighbors in making a decision about granting a permit to a group home to locate in a residential neighborhood? In the same way a local government would break the law if it rejected low- income housing in a community because of neighbors' fears that such housing would be occupied by racial minorities, a local government can violate the Fair Housing Act if it blocks a group home or denies a requested reasonable accommodation in response to neighbors' stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision - makers are not themselves personally prejudiced against persons with disabilities. If the evidence shows that the decision - makers were responding to the wishes of their constituents, and that the constituents were motivated in substantial part by discriminatory concerns, that could be enough to prove a violation. Of course, a city council or zoning board is not bound by everything that is said by every person who speaks out at a public hearing. It is the record as a whole that will be determinative. If the record shows that there were valid reasons for denying an application that were not related to the disability of the prospective residents, the courts will give little weight to isolated discriminatory statements. If, however, the purportedly legitimate reasons advanced to support the action are not objectively valid, the courts are likely to treat them as pretextual, and to find that there has been discrimination. For example, neighbors and local government officials may be legitimately concerned that a group home for adults in certain circumstances may create more demand for on- street parking than would a typical family. It is not a violation of the Fair Housing Act for neighbors or officials to raise this concern and to ask the provider to respond. A valid unaddressed concern about inadequate parking facilities could justify denying the application, if another type of facility would ordinarily be denied a permit for such parking problems. However, if a group of individuals with disabilities or a group home operator shows by credible and unrebutted evidence that the home will not create a need for more parking spaces, or submits a plan to provide whatever off - street parking may be needed, then parking concerns would not support a decision to deny the home a permit. Q. What is the status of group living arrangements for children under the Fair Housing Act? In the course of litigation addressing group homes for persons with disabilities, the issue has arisen whether the Fair Housing Act also provides protections for group living arrangements for children. Such living arrangements are covered by the Fair Housing Act's provisions prohibiting discrimination against Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 6 families with children. For example, a local government may not enforce a zoning ordinance which treats group living arrangements for children less favorably than it treats a similar group living arrangement for unrelated adults. Thus, an ordinance that defined a group of up to six unrelated adult persons as a family, but specifically disallowed a group living arrangement for six or fewer children, would, on its face, discriminate on the basis of familial status. Likewise, a local government might violate the Act if it denied a permit to such a home because neighbors did not want to have a group facility for children next to them. The law generally recognizes that children require adult supervision. Imposing a reasonable requirement for adequate supervision in group living facilities for children would not violate the familial status provisions of the Fair Housing Act. Q. How are zoning and land use matters handled by HUD and the Department of Justice? The Fair Housing Act gives the Department of Housing and Urban Development the power to receive and investigate complaints of discrimination, including complaints that a local government has discriminated in exercising its land use and zoning powers. HUD is also obligated by statute to attempt to conciliate the complaints that it receives, even before it completes an investigation. In matters involving zoning and land use, HUD does not issue a charge of discrimination. Instead, HUD refers matters it believes may be meritorious to the Department of Justice which, in its discretion, may decide to bring suit against the respondent in such a case. The Department of Justice may also bring suit in a case that has not been the subject of a HUD complaint by exercising its power to initiate litigation alleging a "pattern or practice" of discrimination or a denial of rights to a group of persons which raises an issue of general public importance. The Department of Justice's principal objective in a suit of this kind is to remove significant barriers to the housing opportunities available for persons with disabilities. The Department ordinarily will not participate in litigation to challenge discriminatory ordinances which are not being enforced, unless there is evidence that the mere existence of the provisions are preventing or discouraging the development of needed housing. If HUD determines that there is no reasonable basis to believe that there may be a violation, it will close an investigation without referring the matter to the Department of Justice. Although the Department of Justice would still have independent "pattern or practice" authority to take enforcement action in the matter that was the subject of the closed HUD investigation, that would be an unlikely event. A HUD or Department of Justice decision not to proceed with a zoning or land use matter does not foreclose private plaintiffs from pursuing a claim. Litigation can be an expensive, time - consuming, and uncertain process for all parties. HUD and the Department of Justice encourage parties to group home disputes to explore all reasonable alternatives to litigation, including alternative dispute resolution procedures, like mediation. HUD attempts to conciliate all Fair Housing Act complaints that it receives. In addition, it is the Department of Justice's Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 7 policy to offer prospective defendants the opportunity to engage in pre -suit settlement negotiations, except in the most unusual circumstances. 1. The Fair Housing Act uses the term "handicap." This document uses the term "disability" which has exactly the same legal meaning. 2. There are groups of unrelated persons with disabilities who choose to live together who do not consider their living arrangements "group homes," and it is inappropriate to consider them "group homes" as that concept is discussed in this statement. Board of Commissioners - December 14, 2015 ITEM: 22- 5 - 8 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 - December 14, 2015 ITEM: 22- 6 - 1 App nt Materials Board of Commissioners - December 14, 2015 ITEM: 22- 7 - 1 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 LijC_ 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 - December 14, 2015 ITEM: 22- 8 - 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 - December 14, 2015 ITEM: 22- 8 - 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 - December 14, 2015 ITEM: 22- 8 - 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 - December 14, 2015 ITEM: 22- 8 - 4 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 - December 14, 2015 ITEM: 22- 9 - 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 - December 14, 2015 ITEM: 22- 9 - 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 - December 14, 2015 44114 ITEM: 22- 9 - 2 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 - December 14, 2015 ITEM: 22- 10 - 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 - December 14, 2015 ITEM: 22- 11 - 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 - December 14, 2015 ITEM: 22- 11 - 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 - December 14, 2015 ITEM: 22- 11 - 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 - December 14, 2015 ITEM: 22- 11 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 2 ■ 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 5 ■ N ZT 0 v 0 1 on V ZT 0 1 v 0 1 � —i 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 8 ■ i. � —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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 ITEM: 22- 12 - 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 - December 14, 2015 http:// www. ncbi. nlm. nih .gov /pmc /articles/PMC354ig6%�2-13-1 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 - December 14, 2015 96 '22 -13 -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 - December 14, 2015 h4://www.ncbi.nlm.nih.gov/pmc/articles/PMC359y�(% 2-13-3 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 - December 14, 2015 http:// www. nebi. nlm. nih.gov /pmc /articles/PMC359Y&16/ 2-13-4 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 - December 14, 2015 http:// www. ncbi. nlm. nih .gov /pmc /articles/PMC3593T&�"/22-13-5 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 14 - 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 - December 14, 2015 ITEM: 22- 15 - 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 - December 14, 2015 ITEM: 22- 16 - 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 - December 14, 2015 ITEM: 22- 16 - 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 - December 14, 2015 ITEM: 22- 16 - 3 0,Vordffouse 9Vanuaf ' 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 16th 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 House TM. Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 1 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.Z 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 ' 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 - December 14, 2015 ITEM: 22- 17 - 2 The Oxford HouseTM Story In October 1975, the first Oxford House TM 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 had 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 lot 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 had 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 Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 3 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 z 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 Commissigpers - December 14, 2015 ITEM: 22- 17 - 4 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 HouseTM 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 him to "start over" in another house in the area if it has room. The group conscience of those for whom Oxford HouseTM is working generally has no trouble in guiding the recovered relapser into the house that can give the most support Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 5 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: www.oxfordhouse.org E -Mail: 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.oxfordhouse.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 Report 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 Commissicgiers - December 14, 2015 ITEM: 22- 17 - 6 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, hie., 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. Board of Commissicgters - December 14, 2015 ITEM: 22- 17 - 7 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.' 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 HouseTM, 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 HouseTM. 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 City of Edmonds, WA v. Oxford House, Inc. (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 affirmed that Oxford Houses are not commercial institutions and should be treated as single families for purposes of zoning. Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 8 purpose of persuading local authorities to treat Oxford HouseTM the same as it would treat any other single - family residential property within its jurisdiction. 10 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)11, 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 full 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. 11 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 -half comparable 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 CommissiUers - December 14, 2015 ITEM: 22- 17 - 9 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 HouseTM 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 HouseTM 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 HouseTM to feel comfortable with any newcomer. As a practical matter, existing Oxford Houses have denied membership to very few individuals. Most members of Oxford HouseTM 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 HouseTM 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 hind. Repayments on time is a must 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 unless 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 1978, 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 Board of Commissicgters - December 14, 2015 ITEM: 22- 17 - 10 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. 18 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. Board of Commissipoers - December 14, 2015 ITEM: 22- 17 - 11 have different rules. For example, one Oxford HouseTM 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 Board of CommissipMers - December 14, 2015 ITEM: 22- 17 - 12 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 fmd 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; ➢ consider new applications for membership; ➢ resolve any problem affecting members in the House; ➢ 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 HouseTM 21 Keeping vacancies accurate on the website 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. Board of Commissipsers - December 14, 2015 ITEM: 22- 17 - 13 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 HouseTM 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 HouseTM 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 As a general rule an Oxford HouseTM 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 'bash ". Receipts should then be 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. Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 14 The "Weekly Financial Status Report" lets everyone in the House know exactly the current financial condition of the House. It shows: ➢ money on hand the prior week; ➢ 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.24 The Treasurer and Comptroller are the two officers primarily responsible for assuring sound financial management for an Oxford HouseTM. 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 HouseTM. 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. Board of Commissicpgers - December 14, 2015 ITEM: 22- 17 - 15 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. Board of Commissip8ers - December 14, 2015 ITEM: 22- 17 - 16 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 HouseTM, 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 80% 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 HouseTM 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 HouseTM 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 HouseTM that no member should serve in the same office for a continuous period of longer than six months. Board of Commissipeers - December 14, 2015 ITEM: 22- 17 - 17 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 HouseTM 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 HouseTM 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. Board of Commissippers - December 14, 2015 ITEM: 22- 17 - 18 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 full 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 HouseTM 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. 25 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. Board of Commissip8ers - December 14, 2015 ITEM: 22- 17 - 19 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. 26Rules 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. Board of Commissip9ers - December 14, 2015 ITEM: 22- 17 - 20 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 permits 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 Board of CommissiQpers - December 14, 2015 ITEM: 22- 17 - 21 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. Board of CommissigMers - December 14, 2015 ITEM: 22- 17 - 22 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. Board of Commissigners - December 14, 2015 ITEM: 22- 17 - 23 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: www.oxfordhouse.org one can go to "Contact Us" and register the name and current address of alumni members. Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 24 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 ➢ 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 ➢ 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 ➢ 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 ➢ As soon as use is suspected call a special meeting ➢ 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 ➢ 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 Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 25 OFFICERS ➢ House President ➢➢ Elected for six -month term ➢➢ Must be resident of House ➢➢ Calls and leads weekly and special meetings ➢➢ Cannot succeed himself but can be elected to the same office after six months have elapsed ➢ House Treasurer ➢➢ Elected for six -month term ➢➢ Must be resident of House ➢➢ Responsible for maintaining House financial records ➢➢ 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 ➢➢ Must be resident of House ➢➢ Responsible for recording minutes of House Meetings ➢➢ Before each weekly meeting assures that vacancy updates have been made and the vacancy contact cell phone is accurate ➢➢ 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 ➢➢ Must be resident of House ➢➢ Responsible for collection of equal share of expenses and reports to house ➢➢ Balances books with Treasurer prior to each meeting ➢➢ 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 ➢➢ Elected for six -month term ➢➢ Must be resident of House ➢➢ Assigns and reviews house chores ➢➢ 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. " Board of Commissig8ers - December 14, 2015 ITEM: 22- 17 - 26 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 information about behavior that is likely to assure long- term recovery. Board of Commissigaers - December 14, 2015 ITEM: 22- 17 - 27 Protecting House and Chapter Finances The key to making any Oxford House work well is to have a weekly house 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. Board of Commissigpers - December 14, 2015 ITEM: 22- 17 - 28 Application For Membership In Oxford House To be accepted in an Oxford House an applicant must complete both sides of this application and be interviewed by the residents of the particular Oxford House to which the applicant is applying. The residents of the house then vote on acceptance. An 80% 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. 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 AA/NA 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] 19. Do you have a medical doctor? ❑ Married, ❑ Never Married, ❑ Separated, ❑ Divorced ❑ 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. Ilk © 2003 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, Maryland 20910 Telephone (301) 587 -2916 • Facsimile (301) 589 -0302 • Website: www.oxfordhouse.org Board of Commissig8ers - December 14, 2015 ITEM: 22- 17 - 29 Side 2 Visit website: www.oxfordhouse.org for nearest Oxford House to you Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 30 © 2012 Oxford House, Inc. 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 reason(s) 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. rrList fa mil 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. 1 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: www.oxfordhouse.org for nearest Oxford House to you Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 30 © 2012 Oxford House, Inc. WEEKLY OXFORD HOUSE FINANCIAL STATUS REPORT Name of House Week Of: TO 20 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: I I CASH + RECEIPTS (ADD TO AMOUNT AT TOP OF PAGE TO SHOW "CASH + RECEIPTS ") C 2003 Oxford House World Services Board of Commissigoers - December 14, 2015 ITEM: 22- 17 - 31 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 0 Carry 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 Board of Commissigmers - December 14, 2015 ITEM: 22- 17 - 32 Oxford House Monthly Reconciliation and Financial Audit [� � q� r C H: 7 x K� 7► N l l � �' L� 1 � J: a:[� 1 � b9 � y: I x y :� : Z i Z�] :� Reconcile your checking account every month when you receive your Bank Statement. The following easy steps will help you do the job. HOUSE NAME MONTHNEAR 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. BANK STATEMENT DATE House Checking Account Audit: DEPOSITS NOT ON YOUR STATEMENT DATE AMOUNT ENTER STATEMENT ENDING BALANCE + TOTAL OF ITEMS NOT DEPOSITED 1. HOUSE TREASURER, COMPTROLLER AND PRESIDENT SHOULD WORK TOGETHER TO COMPLETE EACH MONTHLY AUDIT OF HOUSE FUNDS. 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. CHECKS NOT ON YOUR STATEMENT NUMBER AND DATE AMOUNT SUB TOTAL AUDITED HOUSE ACCOUNT 4s MINUS TOTAL OUTSTANDING — CHECKS © 2000 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1- 800 - 689 -6411 Board of Commissigners - December 14, 2015 ITEM: 22- 17 - 33 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 Amount to be Deposited in Savings Account Amount to be Deposited in Checking Account I Total of Bills Due Available Funds Money Owed the House Plus Plus Minus �4 $ Plus \ $ 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. Auditing Officer's Initials President Date: Treasurer Date: Comptroller: Date: © 2000 Oxford House World Services, 1010 Wayne Avenue, Suite 300, Silver Spring, MD 20910 Telephone 1- 800 - 689 -6411 Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 34 �i W W w O W z W O W CO Qz OQ — w o Q J W F-0 z O LL LLI W- F- 0 n N L O W N z a z O L LL Q L1J W z LU 2 Q W CL x LU w U) J z J O LU w U w D O 2 LL L LI J LLI 'r^l Q LU LU u LU Q LL Q LLI H Q LU U) Z Lu W a o X z LU O J � Q Q � U) w zU)W IL W W 'H J W (x of Q Lew W W or or- W LLj LU m C � Q O = W -1 W Q J m O Q p/ LL O U Z LU az W O W CO Qz OQ — w o Q J W F-0 z O LL LLI W- F- 0 n N L O W N z a z O L LL Q L1J W z LU 2 Q W CL x LU w U) J z J O LU w U w D O 2 LL L LI J LLI 'r^l Q LU LU u LU Q LL Q LLI H Q LU U) Z Lu W a o X z LU O J � Q Q � U) w zU)W IL W W 'H J W (x of Q Lew W W J U az oa m U 0 0 z U U) J CO O �L Q wo p p Q Q O O O Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 35 N w 0 w m w 5 LL O w Q Z J Q F- 0 F- 11 N L 0 a� c a� c 0 Ick U) W U) z W CL w W z J J W T W W_ W Q 2 W U) z W CL w J U W W W JU az O� �a m w U Z J Q CO Wo o0- H Z 0 O< Q W Z J CO Oa Q� W F- W U Z Q J Q CO 0 Q d W H Q 0 Z 0 O� Q w J Um wa CL Y W LL WO Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 36 0 Ow T_ .z Ow w O CO �X U O O U) Z T- LL 0 W U) >O J O W = cn w w DO D �� O Q Q T- T- z� LL T- O T- O W W w � Oz O UQ � w w� Qw TO U WO O W U >- J = Z J ~ (n �O O� 0 U) W W 0 0 CO m O z2 z0 =w OCR 62 wJ QO dQ U� w_j U)O = Q w 0 CO z 2O win J� w �jZ 0� U T- CO Q � 0 w �2 w Z 0 Z U)U) OQ w2 >O z w > Q � Q 0 ww OQ Z U) J H m W Z QO U �W W W = (n a� 2 H O rn O N D N 0 O (Y) (1) N N Q N O O vi V •L O N O 2 0 v O O O N O w U) O x LL O w Q z Q 0 x z O 2 �Z LL O W J O CO i \ 0 0 § ƒ ( � G CO � \ 0 W E 0 W / u) o $ D 0 / 0 F--- 2 z 0 � � $ 0 LL 0 < � � LO k� � $Z 02 $ � \ � $Z 02 $ CV) k� � $Z 02 $ W \ � $� 02 $ k� � $� 02 $ \ CO $ ¢ ° 0 m 2 /0 R E q 4- 0 0 = 7 2 'x U E 7 0 d 2 d 2 % o $ o \ � E 0 0 ® _0 U) -0 -0 LU m U . mg w w a a a e& a a § f§ f Board of Comms§Rers - December ] %2@5 ITEM: 2&]7 -38 0 2 § 2 CO \ E k. / f § 0) / \ / 7 E 7 CO S S © � / O / g m o \ _ § o� / 0� / CO E CO e § s (\ \ $\ 7 \\ \ CO ƒ CO £& 0 0� / E0 83 C 2 § f/ R CO m � 3\ 0 kf \/ CO CO ƒ CO /{ 3± 0 /\ CO E g E § m f0 E\ E �§ 0 @# to /\ 3m s q �\ Cu -a _< Cu e . 0 $ ) 03 Cu \ =o CL a) -0 E E ±2 00 2E \ƒ 0 E 2 = \f e2 ( \ \\ Cu \/ /\ 3 / 0 0 \ 2 � / CL \ $ \ � 0 / /\ \\ /\ $ _ \k »/ S 2 $ p \ \ ƒ 2 \ O \ A m 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 Board of Commissiggers - December 14, 2015 ITEM: 22- 17 - 39 Oxford House TM 1975 -2014 39 Years of Organized Self -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 Keep Existing Oxford Houses on Track • Providing Organization 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 Housing. Oxford House World Services 1010 Wayne Avenue, Suite 300 Silver Spring, Maryland 20910 Telephone 301 -587 -2916 Facsimile 301 -589 -0302 E -Mail: Info @ oxfordhouse.= Web Site: www.oxfordhouse.org Board of Commissioners - December 14, 2015 ITEM: 22- 17 - 40 OPPOSItion Materials Board of Commissioners - December 14, 2015 ITEM: 22- 18 - 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 http: / /laserfiche.nhc ov.com/weblink8 /0 /doc /2862000 /Electronic.aspx). Board ot Commissioners - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 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 - December 14, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 14, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: Cape Fear Public Transportation Authority (WAVE Transit Authority) New Hanover County Adult Care Community Advisory Committee New Hanover County Board of Health New Hanover County Juvenile Crime Prevention Council New Hanover County Nursing Home Community Advisory Committee New Hanover County Tourism Development Authority 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: Cape Fear Public Transportation Authority (WAVE Transit Authority) New Hanover County Adult Care Community Advisory Committee New Hanover County Board of Health New Hanover County Juvenile Crime Prevention Council New Hanover County Nursing Home Community Advisory Committee New Hanover County Tourism Development Authority Parks Conservancy of New Hanover County, Inc. Board of Directors COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. Board of Commissioners - December 14, 2015 ITEM: 23 COMMISSIONERS' ACTIONS: The following appointments were made. Cape Fear Public Transportation Authority (WAVE Transit Authority) Steven D. Kelly and Jeffrey Petroff were reappointed. New Hanover County Adult Care Community Advisory Committee: Cathi Anderson and Cenetta J. Lee were reappointed for a 3 -year term. Susan M. Levasseur, Denice Shackelford and Ida R. Smith were appointed for an initial 1 -year term New Hanover County Board of Health: Zachery S. Mitcham was reappointed in the General Public category. Stephanie D. Smith was reappointed in the Nurse category. Kim Thrasher Horne was reappointed in the Pharmacist category. New Hanover County Juvenile Crime Prevention Council: Darren Janz was appointed in the Under Age 18 category. New Hanover County Nursing Home Community Advisory Committee Holli Blackwelder was reappointed for a 3 -year term. Sondra Robertson was appointed for an initial 1 -year term. New Hanover County Tourism Development Authority: Charles Pennington was reappointed in the Bed & Breakfast Owner /Manager category LeAnn Pierce was reappointed in the Carolina Beach Hotel Owner /Manager category. Angela Rhodes was reappointed in the Restaurant Owner /Manager category. Parks Conservancy of New Hanover County, Inc. Board of Directors: Aileen Sutton was appointed. Board of Commissioners - December 14, 2015 ITEM: 23 COMMITTEE APPOINTMENTS CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY (WAVE TRANSIT AUTHORITY) 2 Vacancies - 3 -Year Term Term Expires: 12/31/18 APPLICANTS Steven D. Kelly Laura W. Padgett Jeffrey Petroff Christopher J. Smith ELIGIBLE FOR REAPPOINTMENT X (would like to serve a 3rd term) Attachments: Committee Information Sheets Applications Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 1 Is CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY WAVE TRANSIT AUTHORITY Number of Members: The Authority consists of 11 members: 1 County Commissioner, 1 City Council member, 4 members appointed by the County Commissioners, 4 members appointed by Wilmington City Council, and 1 member appointed by the Authority from a human service agency served by public transportation services. Term of Office: Three years Regular Meetings: The Authority meets on the fourth Thursday of every month at 12:00 noon in the Wave Transit Conference Room located at 505 Cando Street. Statute or Action Creating Board: In July of 2004 the WNHTA, the WTA and NHTS were dissolved and a new transportation Authority was created utilizing NC 1160A-25. The merged entity officially became the Cape Fear Public Transportation Authority effective July 1, 2004. The new Authority kept the name Wave Transit. Function: The Authority is to develop and maintain an effective, efficient, and safe system of public transportation services within the county. Transportation services provided shall be designed to maintain and encourage the use of public transit and shall contribute to the economic vitality of the community, the conservation of natural resources and the protection of the environment. Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Steven D. Kelly Unexpired 12/31/15 5463 Eastwind Road Wilmington, NC 28403 395 -0872 (H) 619 -5939 (C) Jeffrey B. Petroff First 1/19/10 12/31/12 5480 Eastwind Road (28403) Second 12/17/12 12/31/15 P.O. Box 1172 � Wilmington, NC 28403 /2rr ( J 796 -9922 (H) 254 -9333 (W) 540 -1346 (C) Anne K. Ryan First 12/22/14 12/31/17 1001 Nautilus Drive, Apt. 12F Wilmington, NC 28412 910 - 386 -1914 (C) Wylie Beckman Smith III First 12/9/13 12/31/16 5227 Marina Club Drive Wilmington, NC 28409 799- 3182(H) 352 -4671 County Commissioner Representative: Appt. 12/15/08 Not designated Jonathan Barfield, Jr. 230 Government Center Drive, Suite 175 Wilmington, NC 28403 233 -8780 Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 2 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY WAVE TRANSIT AUTHORITY PAGE 2 Revised: 1/21/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Wilmington City Council Representative: 11/11 Kevin O'Grady P.O. Box 1810 Wilmington, NC 28402 341 -7815 City Council Appointees: Henry Adams, Vice - Chairman 8725 Fazio Drive Wilmington, NC 28411 520 -1434 William Bryden 805 Gull Point Road Wilmington, NC 28405 910- 509 -9713 Euran S. Daniels 3301 Market Street Wilmington, NC 28403 763 -6070 (W) Captain David R. Scheu, Chairman 5708 Ruxton Way Wilmington, NC 28409 452 -9068 (H) Human Services Agency Representative: Rick Richards, CEO First 10/6/14 12/31/17 Elderhaus, Inc 2222S.17 th Street Wilmington, NC 28401 343 -8209 (W) Director: Albert Eby WAVE Transit File: /WAVE 505 Cando Street B/C #31- 1.15 P.O. Box 12630 Wilmington, NC 28405 202 -2053 Office 202- 2035(P) 343 -8317 Fax Revised: 1/21/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 3 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: Cape Fear Public Transportation Authority- -Wave Transit Authority Name: Steven D Kelly E Mail: skelly @ec. rr. com Home Address: 5463 Eastwind Road Wilmington North Carolina 28403 (Street) (City) (Zip Code) Mailing Address if different. (City) (Zip Code) Home Phone: 910- 395 -0872 Fax: Cell: 910 -619 -5939 Business: Years living in New Hanover County- Male: � Female Race: Mixed Age: 66 y (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 No 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 Artide 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: Civil Engineer Professional Activities: Past President and Current President Elect, ASCE NC Coastal Branch Volunteer Activities: Civitan member, Math Tutor Why do you wish to serve on this board/committee? Cf . enclosed attachment Conflict of Interest: H 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? Cf . enclosed attachment Qualifications for serving: management experience, technical (engineering) background Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: RECEIVED 9. George Dolan 256 -4565 2. Dan Johnson 313 -1759 3. Aulee Crouch 762 -2383 N H C B O C C Date: September 12, 2013 Signature Applications are kept on the for 18 months I understand that any boa or commffee appointee may be removed Please use reverse side for additional comm Pl d of Commissioners without ca -° e r5i e19 ty2�1C5oun ommissioners. ITEM: 23- 1 - 4 D Exhibit to New Hanover County Board of Commissioners Committee Application for Steven D Kelly September 12, 2013 Response to "Why do you wish to serve on this board /committee ? ": I wish to advocate for the low- income members of our community who rely upon mass transit for basic transportation, find ways to encourage the use of mass transit by other members of the community as a means of reducing the area's carbon footprint, and optimize the delivery of services under constraints imposed by budgets. Response to "What areas of concern would you like to see addressed by this committee ? ": I would like for the committee to address the following areas of concern: • Delivery of services to those with special needs • Optimization of existing routes • Fuel efficiency • Reinstatement of routes lost to budgetary constraints • Recognition of the importance of mass transit in an increasingly urbanized county Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Dnve, Suite 175 witmingba NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 79 &7145 Board/Committee: Cape Bear Public Transportation (WAVE) Name. Laura W. Padgett Home Address: 2306 Waverly Drive (Street) Mailing Address if different: Home bone: 910- 762 -0542 Years living in New Hanover County: Wilmington, NC 28403 (Cry) Fax: 910 - 343 -9744 sr i E- -Mall: Laura.Lwpadgett @gmail.com (Zq3 Code) (CRY) (Zip Cam) Cell- 910- 262 -4025 Business: 40 Male:] FenialeFV Race. Caucasian (Information for the purpose of assuring a mss-section of the communAy) Do you have a famify member employed by New Hanover County? If yes, name No Employer. tired Age: 67 A person currenify employed by the agency or 01ppertment for whkh Ws application is made must resign hlsfier position with New Hanover Count{ goon appointment, in accordance with Ankle V4 Sec. 4 ofthe New Hanover County Personnel Poky. Furtherrrtae, applicant should have no immediate famffy member employed by such agency or department. Occupation: lrofessfonal Activities: Financial and investing advisor before retirement. VolunteerAcO'vitles: Various City boards. Currently Treasurer of JDRF. Why do you wish to serve on this board/committee? Long time commitment to transportation issues. Advocate for alternative and public transportation. Conl7iet of helm est: #a board member believes he/she has a conflict or potential co v?W. of interest on a particular issue, that member should stare ells belief to the other rnernbers of hisrher respective board during a pudic meeting. The member should state the nature of the con8ka, detailing rot he/she has a separate, Private, or monetary Interest, etcher dkec( o► lndirec; in the issue undercomideration lire member shoud they excuse himselfAvrsetf from voting on the matter. What areas of concern would you like to see addressed by this committee? Improve stability of WAVE Transit and improve service. Qualifrcadons for serving: Long time member and chair of two Active at State and Nation levels on transportation issues_ Previous member of WAVE Board. Other municipal or county boards/cotnmittees on which you are serving: zone List three local personal references and phone numbers: '. Erin Mabry, ED, JDRF (,T vernile Diabetes Research Foundation), 910 -83 2. Mike Kozloasky, ED, WNP0, 9100- 367 -3754. 3. Donna Girardot, 910 -264 -9696. Date: November 16, 2015 Signature !7k- - �0 Applications are kept on frfe for 18 months I understand that any board or committee appointee may emoved without cause by a majority of County Commisslorrers. Please use reverse side for additional comments Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 6 LA bbL6-£b£-0 L6 1196ped pus N01apu9)i dZt,:EO 9 L 9 L ^ON New Hanover County 230 Government Center Drive Board of Commissioners COMMITTEE APPLICATION Suite 175 Wilmington, NC 28403 Telephone: (910) 798 -7149 Fax: (910) 798-7145 Board /Committee: Cape Fear Public Transportation Authority - Wave Tranist Authority Name: Jeffrey B. Petroff Home Address: 5480 Eastwind Road (Street) Mailing Address if different: Same as above E -Mail Address• Jpetroff @CLDeng.com Home Phone: 910- 796 -9922 Wilmington, NC (City) 28403 (Zip Code) Fax: 910- 254 -0502 Cell: 910 -540 -1346 Business: 910- 254 -9333 Years Living in New Hanover County: 11 years Male: I._ Female: Race: White Age: 33 (Information for the purpose of assuring a cross section of the community) Employer: Coastal Land Design, PLLC (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, Section 4 of the New Hanover County Personnel Policy.) Occupation: Civil Engineer Professional Activities: Active member of PENC (Professional Engineers of NC) and ACEC Volunteer Activities: Volunteer with the Wilmington YMCA Triathlon Club Why do you wish to serve on this board /committee? 2 feel that public transportation will play a primary role in the future health and growth of our community. Conflict of Interest ff a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this beliefto 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? Everyday concerns such as covered stops and benches as well as future growth concerns including trolley and bus use. Qualifications for serving: I'm a licensed civil engineer in NC, SC and TN and often deal with transportation and planning related issues. Other municipal or county boards /committees on which you are serving: N/A List three local personal references and phone numbers: 1• Andy Mills 910 - 233 -8581 2 Frank Braxton 910 - 520 -3347 3• Alex King 910 - 470 -4848 Date: December 30, 2009 Applications are kept on file for 18 months C DEC 3 1 2009 NEW NANrIJR CO OM "r "ISS10P; Signature: se reverse r oal comments Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 7 Dec 01 1411:38a Smith 910 -686 -7713 p.1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS = - 230 Government Closer Drive, Suite 175 Mk"kxjW, NC 29403 COMMITTEE APPLICATION Telephone (9 10) 798 -7149 FAX (9 10) 798 -7145 Board/Committee: Cape Fear Public Transportation Authority (Wave) Name: Christopher J Smith E-Mail. saittybxlec. rr. con Home Address: 447 Bayfield Drive 28411 set code) Mailing Address if different: ?CRY) (Zip Cam) Home Phone: 9106867713 Fax. 9107947685 Cell: 9103919555 Business: 91079473! Years living in New Hanover County. 10+ Male: ✓ Female: Race: S'u'ite Age: 44 (kiWiration for Iris purpose of assuring a cross- sectbn of the community) Do you have a family member employed by New Hanover County? If yes, name Employer Verizon A person cumendy employed by Me agency or department for wh)ch M is appWatlon is mode, must resign hblher posftn widr New menover Coonty upon appolmrnent, in accordance with Antde W,, Sec. 4 of the New Hanover County PersorvW Policy . Furthermore, applicant Shand have no imm kWare famfly member employed by such agency or department Occupation: Systems Consultant Professional Activities: VolunteerActivffies.Youth soccer, Knights of Columbus, CERT, ADH Why do you wish to serve on this board/committee? = would like to get acre involled in our commuinty, our growth and development Cc~ of h*ereat: Aa board member believes herein has a oonMld or potential Conflict of interest on a parNartar issue, got member should state this belief to the other members of hisfier respective board during a pubdc meeting. The member Owuld state the nature of the conl9ct, detsffmg Mat he/she has a separate, pdvate, or monetary interest, eBher d~ or Indbecl, in the issue under oonsideradom The member should than awcLAw htmseMArerself from rotktg on die awffer. What areas of concern would you like to see addressed by this committee? Building a future for our next generation of Wilmington residents Qualifications for serving: Masters Degree in Telom. Mgmt & Project Management, volunteer, -citizen who would like to be involved -Other municipal or county boards/committmw on which you are serving: N/A List three local personal references and phone numbers: E- Regina Smith - 910 391 9555 2. Reid Duke 930 -612 -7343 NHC BOCC 3. Kevin Bolan 845 - 661 -7451 Date: 12/1/14 ll /(P�L5 Signature Applications are kept on fNe for 18 months t understand t hsN Y whoR cause by�y - 4w Please use reverse side for additional comments Board of Commissioners - December 14, 2015 ITEM: 23- 1 - 8 tee appointee maybe Commis nam. 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: 13 Vacancies: up to 5 Terms: 3 year term, expiring 12/31/18 1 year term initially, expiring 12/31/16 ELIGIBLE FOR APPLICANTS: REAPPOINTMENT Appointment for a 3 year term: Cathi Anderson X Cenetta J. Lee X Appointment for an initial 1 year term: Susan M.Levasseur Denice Shackelford Ida R. Smith Attachments: Committee Information Sheets Applications Board of Commissioners - December 14, 2015 ITEM: 23- 2 - 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 - December 14, 2015 ITEM: 23- 2 - 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) _ Mary K. Busbee First 9/16 9/30/16 8402 Emerald Dunes Road Wilmington, NC 28411 910- 686 -2763 Pamela Dismukes Initial 8/11/14 8/31/15 4166 Breezewood Dr., Suite #204 First 8/17/15 8/31/18 Wilmington, NC 28412 910 -465 -4770 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 - December 14, 2015 ITEM: 23- 2 - 2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 Revised: November 2015 Board of Commissioners - December 14, 2015 ITEM: 23- 2 - 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) 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 12/7/09 12/31/12 910 - 458 -2584 (H) 910 - 619 -0762 (C) Third 9/16/13 9/30/16 Cenetta J. Lee Initial 12/22/14 12/31/15 636 Village Park Drive, #302 Wilmington, NC 28405 910- 477 -1864 (C) Kimberly Leonard I itial 11/16/2015 11/30/16 7551 Ireland Court Wilmington, NC 28411 910 - 319 -7976 (H /C) 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) Elaine Terrill Initial 5/18/2015 5/31/16 502 Fern Creek Lane Carolina Beach, NC 28428 910 - 644 -4959 (C) Philip C. White Initial 11/16/2015 11/30/16 4220 Wilshire Blvd., Unit 104C Wilmington, NC 28403 910 - 297 -2346 (H /C) COG Long Term Care Ombudsman: File: Adult /11.15 Patti Sacchetti, 1480 Harbour Drive, Wilmington, NC 28403 910- 395 -4553 Revised: November 2015 Board of Commissioners - December 14, 2015 ITEM: 23- 2 - 3 Dec 0214 09:52a Cathi Anderson, Broker 9107694189 p.1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS = 230 Govemment Center Drive, Suite 175 ' Wftftbn, roC 28403 COMMITTEE APPLICATION Telephone (9 10) 798 -7149 _ FAX (910) 798 -7145 Board/Commitfee: New Hanover County Adult Care Home Community Advisory Committee Name. Cathi Anderson E -Mai/: hillcasel7 @hotmail. corn Home Address: 233 Racine Drive Unit 92 Wilmington NC 28403 yo Code) Mailing Address if different: same as above (City) (Zip Code) Home Pie. 9102283625 Fax., 9107684189 Cell: 9102293625 Business. Years living in New Hanover County: 9 Male: Female: ✓ Race: white Age: 56 (Jmbmr on 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 NC% Employer Nest Realty A person cufrenty employed by the agency or deparbnent for which this application is made, must resign hahw position with New Hanover County upon appoinfinenf fn accordance wtth AdWe Vl, Sec. 4 of the ivew Henovertour. ty Personnel Policy. Furthermore, apok'cantshould have no fmmeftte family member employed by such agency or department. Occupation: Real Estate Broker, Retired Federal Police Official USCP ProfessionalACtivifies: Community Affairs 6 Greviance Comm Board Memember Realtor Foundation Volunteer Activities: WARM, Habitat for Humanity, WRAR Realtor Foundation, Homes4NC Why do you wish to serve on this boareVcommittee? I want to encourage Adult Care Home Resident's Bill of Rights, to ensure residents are treated with respect, consideration, dignity. CoMlict at hrterest #a board member believes heahe has a conflict or potential conRlct of interest on a particular issue, shat member should stale this belief to the other members of hisser respective board during a public meeting. The member should state the nature of the conflict, detailing that haothe has a separate, private or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/henselh from voting on ttte matter. What areas of concern would you like to see addressed by this committee? That all facilities are complying with the NORTH CAROLINA ADULT CARE HOME BILL OF RIGHTS Quafificadons for serving: A willingness to serve and a sense of responsibility to become envolved in community I live in. My passion is people, meeting people, helping people. Other municipal or county boards/committees on which you are serving: none List three local personal references and phone numbers: DEC - 2 2-01.4 1. Jodi Wainio 910- 681 -1414 2 Jamie Jankowski 910 -231 -7653 N H C B O C C $ Ryan Crecilus 910 -409 -7120 Date. 12/2/14 Signature k � >'t- " Applications are kept on file for 18 months f understand that any board or committee appofniee may be removed without cause by a majority of County Commissioners. Please use reverse side for aclt iftional commeiftard of Commissioners - December 14, 2015 ITEM: 23- 2 - 4 BOARD OF COMMISSIONERS -� f 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION ; =s. Telephone (910) 798-7149 FAX (910) 798 -7145 Board/ Committee: /Ve�c� aye (�6� n /� �i (+ �a ,-� ��o r-� �''em�„ �, ���, om sor, Name: CC►rl e E -Mali: C e �n 2 ��c� \ . �' ^� Q e- , Address: Mailing Address if different: (City) (Zip Code) Home Phone: Fax: Cell. O y» 1P6 If Business: Years living in New Hanover County: ryi d • Malef--� Fema/e[D Race: il� me rl, Age: 3 _ (Information for the purpose of assuring a cross - section of the community) �� V ) Do you have a family member employed by New Hanover Count? If yes, name V y Employer:: A person cunar* employed by the agency or depwirnent for which du application is made, must resign hmAw position with New Hanover County upon appoinbrnent in accordance with Arbde VI, Sec. 4 offt New Hanover County Personnel Policy. FurH►ermae, applicant should have no immediate family member enWkyedby such agencyor deparbner►t. Occupation: t,'� Q� �-- r a f' a �-• Professional Activities: © i��o - a .,�, v� v- �� y •� r 13 a o (L Volunteer Activities: u r- I r `9 a `4 V-n Why do you wish to serve on this boaroftommittee? W \1 5'�N )r C) S le Y- v'e-. ©h \,C�- da `v C, CL d-,2" 1 k1 r 1r.o e C'u e e,1 rtes Confilct of Interest: N 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 odw members of lua#w 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 fire issue under consideration. The member should tires excuse hirnselfiherself fromr voting on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: l"f-r5 a,--\ a �•�� CtirE �' Ijevrbo(0 k� �r�L) 09(As �,e,.Y,�tr c Y- LC rl� Other municipal or county boards1committees on which you are serving: N RECEIVED List three local personal relierenaes and phone numbers� 0 V 14 2014 1. Mgr( c, Uc( -, 1`4acx NH BOCC `14)139' -! /�� 2. \Y-71 3. Q- S o r- �o /3y?,��1y�� Date: / 3, `/ Applications are kept on fl/e for 78 months Signature — 1 understand that any boaro or Comm ppoMtee may be removed without cause by a majority of Countyp6innilsWonem PtaaAO rren uaawarxn cidn firer addh*mal emmmnntc Board of Commissioners - December 14, 2015 ITEM: 23- 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION ;31 Telephone (910) 798 - 7149.. FAX (910) 798 -7145 Board/Committee: ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Name: SUSAN MARIE LEVASSEUR E-Mall: smlevass @aol . com Home Address: 6613 HYANNIS WAY WILMINGTON NORTH CAROLINA 28409 (street) Mailing Address if diftent: (City) (Zip Code) Home pie: 9103130444 Fax: COIL• 9102649071 Business: Years living in New Hanover County: 22 Male: Female: ✓ Race: WHITE Age: 59 (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. RETIRED A person cumendy employed by the agency or department for which this application is made, must resign hmftr position with New Hanover County upon appointment, in accordance with Ar ide 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 :TEACHER NEW HANOVER COUNTY SCHOOLS 22 YEARS Professional Activities: EDUCATORS OF SOUTHESTERN NORTH CAROLINA VolunteerACtivlties: UCW ALUMNI COMMITTEE MARE- A- WISH FOUNDATION SOUTHEATERN NC Why do you wish to serve on this boardlcommittee? I HAVE CARED FOR NY AGING PARENTS AND WANT TO CONTRIBUTE POSITIVE INPUT IN GUIDING THIS POPULATION. Conflict of Interest fl a board member believes he/she has a conflict or potential conflict of irderest on a particular issue, that member should state this belief to the other members of hisMer 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 himseNAherself from voting on the matter. What areas of concern would you like to see addressed by this committee? ANY WHICH PERTAIN TO QUALITY OF LIFE SERVICES FOR THE ELDERLY POPULATION OF WILMINGTON Qualiffcations for serving: NHCS TEACHER 20 YEARS, AGING IN PLACE /HOME PARENT EXPERIENCE ON PERS( LEVEL, FOCUS ON WELLNESS IN AGING ATHLETICS CAMBRIDGE VILLAGE ASSOCIATION Other municipal or county boards/committees on which you are serving: NONE RECEIVED List three local personal references and phone numbers: 1. CHARLIE CIPPOLLA 910 616 2821 2. DR. SHERRY PINTO 910 350 2136 3. DEBBIE PHILLIPS 910 617 0745 Date: NOVEMBER 10, 2015 Signature "- Applications are kept on file for 18 months / understanOe a board or Fun� m appointee may be removed without cau a aio b Commies /o Please use re verse side for additional comm i�d of Commissioners - Abler 11 , 2 1 I ')' 2i'; I ITEM: 23- 2 - 6 NH BOCC 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: Name: Home Address: J I 2 ,t Mailing Address if dil%rent. AiQ-1 Cqnrn 401v- 09Mrzc.�- f�..e.� E -Mail: �n;ip. S%v_�e/ c��'QMai/ • 47n zg�d 3 (Cm') (Zip Code) Home Phone: _ Aq Fax. Cen-- Q 1b 3% 2 aoo Business. Years living in New Hanover County. Male: Female: ✓ Race: (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. J(Viu aL 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. Furthempre, applicant should have no immediate fatuity member employed by such agency or department. y r Occupation: A- "I / %� T n A tf 1. -A . , Z . I-L 1). w - /I % t Professional Activities: Volunteer Activities: Why do you wish to serve on this boaidfcomm/[tee? / -g eta /-4, ti &ud j - 4� i CbnVd of /merest: H a board member befievf s ha/#i-has a conflict or pot al conflkt interest on a particular issue, that member should state this belief to the at members of his/her respective board during a public meeting. The member should state the nature of the conflict, detalhng that he/she has a separate, private, or monetary interest, either direct or indirect in the issue under consideration. The member should then excuse himselbherse/f from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: Other municipal or county boards/committess on which you are serving: List three local personal references and phone numbers: 1. Qom' aid 1110 7 ,l9 9zgq RECEIVED 2. 3. i l 910 7 %9 oG�T v �e 1-M & L N N C B O C C uk. 7 Date: /I 11-712,pjS Signature )1\,-, � LL 'T I---- s are kept on Ble for 18 months / understand that any board or om appo De removed without cause by a m4kwfty of Cou ommissioners. Please use reverse side for additional c0Mn?4 Srd of Commissioners - December 14, 2015 ITEM: 23- 2 - 7 11/13/2015 18:02 NEW mmowR couNr BOARD OF COMM/SS101 230 Govdrnntent Center Drfve, Suite Wilmington, NC 28403 Telephone (9 10) 79 &7149 FAX (910) 798.7145 Board /Committee: Name: Home / , /0 Address: e "7" Mailing Address if different: Home Phone: 4 Years living in New Hanover County. Do you have a family men Employer. `li Z, A person ouRbnUy untployud by the at accordance, wRh Artide Vl, Sea 4 of the department Occupation: Professional Activities: i Volunteer Activitiew-L Why do you wish to serve COMMITTEE APPLICATION Cdre h 6-Mr1'1� N0.808 #001 �{dvisoru Co.,mml-�f-eC, F Mall: 6M dildshX- 1e?,5g6A01- CW1 6n AIC 629'/06- (CRY) (Zip Coda) 15(a Fax: Cell: 9/0 5z" (07i? Business: jwMals: Female: ✓ Rece:_ /J�%� _._ Age: n for the purpose of assuring a cross - section of the rommunRy) employed by New Hanover County? If yes, name >7 d 601ZA ' &L2 lfC rschoo /S r avpartment ror wmcn ms ►cola► is made, must resign Cl position with New Hanover Counfy upon appointment, in nnlnvnr County Personnel Policy, Rnftrm/ ore, applicant should Iwve no immedisto family member en�yed by such agency or 7-n I? ,. A4 n/, . —Ann 1. 'sort, Ca�'I -Ivri this board/committee7 hQ de Q.�W �tlQ�'1 74� ?.►�^yt�o connect or tnteilst if a board member 8eileveL&she has a coMAct or polenbal conflict of interest on a particular imuP, that momber should state this belief to the other murnbers of hisAer respective board during a public meeting. The member should state the none Of the conflict detsiling that hulshe has a separate, prPm(c, or monetary Interest either direct orindtroot in tho issue inder considorati&x The nmmbur should than axems himself/horsciffron voting on the muflor. What areas of concern wool you like to see addressed by this committee? l ar" ti eru M 14ch !Y?-gr 1n Qro yj; a r 1n�' a aQ�r jmAaJ&h&ti /sere ir', )VNdgi yLn Qualif7cations for serving: Other municipal or county List three local personal ref 1. � 3. /UP . M16LrrOA Date: I V U MV Applications are kept on Please use reverse side for ad , y 4. ards/comm /ttees on which you are serving: C PC- ffe1't1 .#an0 ((e&7 '� 'imp �reyen _ vpci'l RECEI VEO . vncos and phone numbers: ! J A _ — fma �� -� u�a� - 7_fi- �,l�c ri ll C�p - °-rtzr�ff U U L' ;i,�►a -n1z, us !i o 791, /4?& �, V1 /So 6/e. W o 6 q 7- 1? 41f 9 eel! d l Signature da lie, . I months I understand that any board or committee appointee may be removed without cause by a majority of County Commisslonam, commOgArd of Commissioners - December 14, 2015 ITEM: 23- 2 - 8 COMMITTEE APPOINTMENTS BOARD OF HEALTH 3 Vacancies in following categories: General Public Nurse Pharmacist Term Limits: Three / 3 -Year Terms APPLICANTS: ELIGIBLE FOR REAPPOINTMENT GENERAL PUBLIC: Zachery S. Mitcham X Christopher J. Smith NURSE: Jeanne Rose Donna Scarangella Denise Shackelford Stephanie D. Smith X PHARMACIST Kim Thrasher Horne X Jerry B. Kennedy Attachments: Committee Information Sheets Applications Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 1 ro NEW HANOVER COUNTY BOARD OF HEALTH Number of Members: 11, appointed in categories as follows: 1 Licensed Physician 1 Licensed Pharmacist 1 Licensed Dentist 1 Licensed Optometrist 1 Licensed Nurse 1 Licensed Veterinarian 1 Professional Engineer 3 At- Large /General Public 1 County Commissioner Terms: 3 years - maximum of 3* consecutive terms ( *Revised 8/4/08) Compensation: Chairman $25.00, other members $20.00 per meeting Regular Meetings: First Wednesday of every month at 8:00 a.m. at the Health Department, 2029 S. 17th Street, Wilmington, NC Statute or cause creating Board: NCGS Art. 3, 130 -13(c) Brief on the functions: State law requires each county to make public health services available to its residents. The Board of Health ensures the provision of these services and performs the policy- making and rule- making functions for public health in New Hanover County. Y I Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Brian Ensign Professional Unexpired 12/17/12 12/31/14 146 Epling Drive Engineer First 12/22/14 12/31/17 Wilmington, NC 28411 547 -5856 (C) 763 -5350 (W) Dr. Melody Speck Evans, Chair Veterinarian First 12/20/10 12/31/13 3101 Wescot Court Second 12/9/13 12/31/16 Wilmington, NC 28409 798 -1436 (H) 799 -5587 (W) Dr. Michael Goins Optometrist First 12/17/07 12/31/10 5030 Randall Parkway Second 12/20/10 12/31/13 Wilmington, NC 28403 Third 12/9/13 12/31/16 233- 2785(H) 392- 0270(W) 616- 7420(C) Dr. Kim Thrasher Horne, Vice -Chair Pharmacist First 7/23/12 12/31/15 6423 Shinnwood Road Wilmington, NC 28409 452-2901(H)619-3755(C)332-9540(W) Robert E. Lewis General Public Firs 12/17/07 12/31/10 6513 Old Fort Road Second 12/20/10 12/31/13 Wilmington, NC 28411 Third 12/9/13 12/31/16 686- 2123(H) 3954133(W) 264- 2280(C) Zachery S. Mitcham General Public First 12/17/12 12/31/15 6909 Eschol Court Wilmington, NC 28409 � - - 233 -2359 (C) c.J Y I Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 2 C14 NEW HANOVER COUNTY BOARD OF HEALTH (CONT.) Revised: 6/5/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Dr. Mark W. Morgan Physician First 12/9/13 12/31/16 1839 Newkirk Road Wilmington, NC 28409 273 -0771 (H) 343 -0119 Linda "Candy" Robbins General Public First 12/19/11 12/31/14 4611 Split Rail Drive Second 12/22/14 12/31/17 Wilmington, NC 28412 392- 2200(H) Dr. Robert J. Schiffel Dentist First 12/19/11 12/31/14 6422 Shinnwood Road Second 12/22/14 12/31/17 Wilmington, NC 28409 392 -5176 (H) Stephanie D. Smith Nurse Unexpired 6/17/13 12/31/15 5225 Clear Run Drive Wilmington, NC 28403 _ 279- 9830(C) 962- 4222(W) f U4— Rob Zapple County Ap t. 1/5/15 Undesignated 230 Government Center Drive, Commissioner Suite 175 Wilmington, NC 28403 798 -7306 (NHC Office) Director: David Rice 1.15 County Health Department File: /Health 2029 S. 17th Street B/C #11 Wilmington, NC 28403 Office: 798 -6500 Cell: 367 -2414 Revised: 6/5/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 3 10/28/2015 16:47 9109622486 UNNILMINGTON NEW HANOVER COUNTY BOARD OF COMMISSIONERS WOming on, NC 28403 Drive, Suite 175 COMMITTEE APPLICATION Wilmington, NC 28403 Telephone (910) 798.7149 FAX (910) 798 -7145 PAGE 01/01 E V E 0 T :2 S 2015 Board /Committee: New Hanover County Health Board a u BUCL Name: Zachary S. Mitcham E Mail: mitchamz9gmail . com Home Address: 6909 Eschol court Wilmington 28409 rge p o e Mailing Address if different: (City) (Zip Code) Home Phone: 910 293 2359 Fax. Cell: Business: 9623047 Years living in New Hanover County: 16 Male• ✓ Female: Race: Human Age: 57 (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 N/A Employer. UNCW A person evreendy employed by the agency Of department for which this application Is made, must resign his/her position with New Hanover County upon apmfntment, in accordance with Arffcfe vi, Sec. 4 of the Now Hanover County Personnel PORY. Furthermore, appfkant should have m Immediate family member employed by such agency Or department. Occupation: Chief Information Security Officer Professional Activities: Volunteer Activities: NHM - Executive Board; NHCC- Chair, Community Resource Council Why do you wish to serve on this boar Vcommittee? in order to play my part in the delivezy of quality and ubiquitous healthcare to the citizens of New Hanover County Conflict of interest: if* board member believes he✓she has a conflict or potential confllot of interest on a panicutarissve, that member should #tote this belief to the other members O hWwr respective board during a public meeting. The member should state the nature of Ne conflict, detailing that he/she has a asperste, private, or monetary interest, either direot or indirect, in the issue under consideration, The member should then excuse himseffrherseif from voting on the matter. What areas of concern would you like to sae addressed by this committee'? Environmental conditions. I currently serve as the chair for the environmental committee. Qualifications for serving: 1 have served the board faithfully for the past 3 years and accepted the invitation to serve on its executive committee. I also have an NSA in health Other municipal or county boards/committees on which you are serving. p- List three local personal references and phone numbers: 1. David Rice 910 367 2414 2. Melody Speck Evans 910 799 5587 3. Robert E. Lewis 910 264 2280 Date: 28 October 2015 Applications are kept on File for 18 months Please use reverse side for additional comments Signature v 1 understand tha any board or cyrnrUittoe appointee m+ without cause Vy a rn&fft oWounty Commissioners- C1 � e ;, — i L6 Board of Commissioners - December 14, 2015 ITEM: 23- 3- 4 N H C a o c c Dec 01 1411:19a Smith 910 -686 -7713 NEW 14ANO VER COUNTY BOARD OF COMMISSIONERS MO Govemrent Center Drive, Sude 175 witmhmgfon, Nc 79403 COMMITTEE APPLICATION Telephone (910) 798-7149 FAX (910) 798 -7145 BoardlCommittee: Ed of Health — P.1 Name: Christopher i smith ittybx @ec.rr.com E -Mall: v Home Address: 447 Bayfield Drive 28411 P Mailing Address if different. (City) (Zip Cade) Nome Phone: 9106867713 Fax: 9107947685 Cell. 9103919555 Business: 91079473_° Years living in New Hanover County. 10+ Mate: ✓ Female: Race -White 44 (hmfarmation for the purpose of assuring a crvss- seotbn of the communiTy) Age: Do you have a family member employed by New Hanover County? If yes, name Employer: verizon A Person - W*nl<y employed by the agency or deparment for wlNch firs appdicMOn is made, must resign hisftsr position with New Hanover County upon appoimm�ent in accordance with Argde W,, Sec. 4 of the New Hanover Comity Personnet policy. Furthermore, appdcant should have no inmWedfste family member employed by such age nt in department Occupation: Systems Consultant Professional Activities: Volunteer Activities: Youth Soccer, Knights of Columbus, CERT, AOH IA/hydo you wish to serve on this boarftommittee? I would like to get more involled in our comnuinty, our growth and development CorrlHi.Y of inte►"st: Ba board member believes he/she has a aonitict or PotenMW conNd of interest an a particular issue, that member should state this belief to the other members of hm6w respective board during a public meeting. The member should state the nett" of the oonllict, del" that hertrhe has a separate, private, or monetary interest either direct or Indirect in the Issue under consideration The member should then excuse hirnseNArerself from voting on the mafler. What areas of concem would you like to see addressed by this commiftee? Buildy-ng a future For our next generation of Wilmington residents Qualigcations for serving: blasters Degree in Telom. Mgmt & Project Management, Volunteer, citizen who would like to be involved Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers: 1 Regina Smith - 910 391 9555 !IF -1 ?011 2 . R e i d D u k e 910 -612 -7343 K I H C B O C C 3. Kevin Bolan 845 - 661 -7451 Date: 12 /1/14 Applications are k Signature apt on file for 18 months d unW Please use reverse side for addibfonal comments without taus .moy ooaro or copuwaps appantee may be removed a n%*QFify of OdurdYlCommissioneM Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 5 Nov-13,2015 12:46PM BRHS MAPLE HILL BOARD OF COMMISSIONERS Aso Govemn+ent COW D&A SuNe 176 rehpWe COMMITTEE APPLICATION (910) 7N-714a FAX (910) 798 -7145 ('CL-�- n(u -�rs•e 9oarol/Committeo: Board of Health Name. Jeanne Rose No. 4775 P. 1 Ewaih bluffroseogmail.00a hoome HOM 6916 Sluff Court, Wilmington, NC 26411 Address. (sUeet) MY) (Z* Code) Maffntg Address if dllnerent: 910 -666 -4271 Far Co. 910- 619 -0951 Bt/slness: Yeans llving in New Hanover County. 36 Male: Female✓; aauc: 63 onformo mn fm the purpose of esm tq a eross-30wm of the CommutMy) Do you have a family member employed by New Hanover Counts! if YSA name no Employer. Black River health Services, BurgaM, NC A parson CWW* !mpbrOd by the �Y m• dWN*Mnt Ihr wttleh MN WhadW a made, meet IMP &#W poeitien whT► New Harprer County upon +1+pnJnanen4 M nmmtan pimAr"V 8=4ofdwNOwHanowoowdhPmonnfPoft Furmwmo r0ft.nt&4aWhawnoin" la*me"'b°renWk"dby such Vmbyor dbpw*mmt Occupation: Nurse practitioner Professional Activldes: none Volunteer Ac0100 ;'One Why do you wish to wove on this boanftomrniHeo. population health gains Will happen through prevention. Health departments are positioned to do the work of prevention. (see over) oaef9a or taferr6h M a board nwmbor belevea h.+ldna has a ooMRa or paknit�a) eonRkx Maddwost on a partrcutr te0u0y MW meni6er ahouM seta M�la beBef b the other nwmeo►s o►Ns1ar nepaww board dumW e puM 7tw n►ember ehoutd gala t►►e nature d Me oOnAlo4 deaMtirg that hau9die has 4 aepa►We, Whsle a rnaretery teterleot eNher dl►sct or:dlrea4 the New under oanafdamtran. The member should Men exo= hir x&%ftarsell Nom wMg on the maser. What areas of concern would you NO to we addressed by Ibis 0"mM"? have no specific personal agenda. Quambeffonakw Sol ving: = have experience in hospital, nursing homes and for - profit and not -for- profit private practices as both a nurse and nurse practitioner. (see over) Other Mnk*al or l ols ty boards✓Commlftees on witlah you are atuving: " List three local personal references andphone ntanbem 1. Jan Rhyne 910- 616 -2304 2. Dick Hosea 910 -256 -5320 N H C B U C C 9. Jorge Gonzalez 910 - 799 -4645 Date: 11/10/2015 Signature At AppNeathans are kept on We for 18 omft 1 undwatond font boa►d or oommNNtea appWfts may be removed Wa hout cause by a w orceww Commf sonars. PhOM 104 rwvarlea AN* few• A&Efiem l anmmanft Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 6 Nov, 13. 2015 12:46PM BRHS MAPLE HILL No, 4775 P. 2 page 2 Jeanne Rose Why I wish to serve, continued: I want to move from evaluating health of individuals to evaluating health of communities. Qualifications, continued: Years ago I volunteered providing nursing services in the homeless shelter, and more recently provided primary care for six years in a free clinic,for poor and uninsured people. I was a health department employee for eight years in the late 1980s -1990s and understand the scope of health department services. Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Center Drive, Suite 175 <; Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 �n Boar VCommittee: �%� th4rbVl✓ c oyrv, T BT»AeL;, CF' > .Wrl Name: -t;�OA)Nn E -Mail• A/t rd°1"� (.LZ) Ao t. 6c-,K- Home Address: S315�� Crx2 S� �h t-e- 1 ✓r/� 1 r`r1 y frsyc k / / (Street) Iy Mailing Address if different: (CRY) (ZiD fie) Home Phone: Fax. Cell: Business: Years living in New Hanover County. f < Yea' Male: Female: '� Race: G Age: '0 � (Information for the purpose of assuring a crass- section of the commundy) Do you have a family member employed by New Hanover County? If yes, name /b Employer: /"a" 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 ofthe New Hanover County Personnel Policy. Furthemare, applicant should have no immediate family member employed by such agency or department. Occupation: /7 V sf� -red riot S��f�Snl�P►�l�c 1.r1�Ncu S� �G ��e+tS�t t2 (ac�tt -e� Professional Activities: Volunteer Activities: / f 6 6 a . =ls Cu pp+ d Why do you wish to serve on this board/committee? As a �r�lnGti�af i exlZn�•�c� az fie Ga=t�1Ey /e� -t /. ��JrS� , gGta�Ck�tcs,.Jlyd�ge -�vdS Conflict of tnterst: It aboard member believes helshe has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of Wier respective board during a public meeting. The member should state the nature of the conflict detailing that h&Ww has a separate, private, or monetary interest either direct or indirect, in the issue under consideration. The member should then excuse himseHAterself from voting on the matter. What areas of concern would you like to see addressed by this committee? A << o�j�Pc4► -mss, �Gr��c� p�p�edh�s�s�dPcr- eas�(corrt�u_.,,.tfr� vto %nc'��rrenf`s(rlllCSS .e- �./�+c.G9s' QualNlcadions for serving: ..-7z: AAK beef ewhPlvtfe-el+l as a P�blrc t�.-se cEos� ,b /ay�a4i�J f4'S*tr-- =a r+ cpr-6K'o A)a st,„7 and ha4,-P f6-.,we 104-41-t 4fr- �.r��1L Other municipal or county boardslcommittees on which you are serving: List three local personal references and phone numbers: 1. 0/-, 'vim q l o 8`303 RECEIVE' 2. /i4r5, q /O Hill r n 3. Date: l ! /1��� Signature K'/ ApplAdeffahs are kept on file for 18 months I understand that any board or committee appo y be removed witlrout cause by a mtyortty of County Commissioners. Please use reverse side for additional comments Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 8 Alaveiywber l/, ;7c'167 A-rLd ev-� I�ofu�r��eehn9 -f poard of Jae �-- ,(A � a�Ok) e,- e a q t aPCbrfu h� - serve- -7- 1�,� 3rr.Ja -r� 16 lea 4'1- n q rnore— ooh �P.u� .ot-� C.ou.�s r-es- ►dP�•Ja�o! Ineec�s. p?? ch cep _77r-ncvVafi`0K Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 79 8-7145 l ,A,--e-Am . 14ur�� Board/Committee: DJf Name: INU I I tA, �� f Home Address: 1 , (Street) Mailing Address if dWerent. E -Mail. • den, -- . �/r dtVama; o*1 (City) (Zip Code) Home Phone: M Fax. Cell-q12 3$4 - 2 Vo0 Business: Years living in New Hanover County. Male: Female: ✓ Race: 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 A4 Employer. A person curren accordance with department. rurrnemrore, applicant should have no immediate family member employed by such agency or Occupation: IT ,t V -, t A- U,,, — %K YOit 1j, A_ .. /1 . _ i' Professional Acdvi(ies: v Volunteer Acdvides: Why do you wish to serve on this boarot/committee? ;�k d1.ftf,, - �UW (.A II� :16L `/v / t' t . 1 — A , Co►Nllet of h►t~. H e board member belles hw#i has a conflict or Potehfial conflict 4V interest on a particular issue, that member should state this belief to the 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 moi interest, either direct or indirect, in the issue under consideration. The member should then excuse himseN/herseH from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualificadons for serving: ! ��j jl) p, � (� ;, �, u It s Other municipal or county boards/committees on which you are serving: v AA List three local personal references and phone numbers: 1• n, aid RECEIVED z RA 910 -7 t9 110 y Date: 11 //712,pjj- Applications are kept on No for 18 months Please use reverse side for additional Commd of Co Signature i "-"4 I understand that any board I I II.I.JIVI ICI J- VCl ITEM: 23- 3 - 10 4 NHC BOCC i� j /'- D► m be removed ssioners. NEW HANOVER COUNTY 1 BOARD OF COMMISSIONERS 230 Govemment Center Drive, Suite 175 1" AkL p' Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: New Hanover County Health Board Name: Stephanie D Smith E-Mai/:FourSmiths@ec.rr.com Home Address: 5225 Clear Run Drive Wilmington 28403 (Street) P o Mailing Address if different: (CRY) (ZQ Code) Home Phone: Fax: Ce11:910- 279 -9830 Business: 962 -4222 Years living in New Hanover County. 7 Male: Female: ✓ Race: Hispanic /Cauc Age: 52 (Information for the purpose of assuring a cross- section of the communly) Do you have a family member employed by New Hanover County? If yes, name N/A Employer. UNCW - College of Health and Human Services A person currently employed by the agency or department for which ttis application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Artide Vl, Sec. 4 of the New Hanover County. Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. OCcupadon:Director, Community Engagement 6 Impact // Lecturer, School of Nursing Professional Activities: Member, NC Nurses Association and American Nurses Association Volunteer Activities: Local church // State Bd of Volunteerism and Community Service (pending) Why do you wish to serve on this board/Committee? Aligns with personal and professional interests associated with community and population health and its financing and delivery systems Contlict of IntersO. H 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 hisftr 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 himselfftrself from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: Registered Nurse with current /active license; Work experience in and leadership of public /community health systems; NHC resident Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: RECEIVED 1. Dr. Charlie Hardy - 910 - 962 -3302 MAY 3 12013 2. Dr. Kae Livsey - 703 - 403 -2468 NBC R o E C 3. Dr. Laurie Paarlberg - 910- 508 -3562 Date: 5/31/2013 Signature Applications are kept on rile for 18 months I understand that any o rporiommnree appomree may ne removea without cause by a m ority of County Commissioners. Please use reverse side for additional comments. Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ?i i Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: N w X13 o over U m f-v —6021 V-d of H eo 14) Name: Kim 1111r1i. 61 Y F6rm Q , BCP5 i rte, dip E -Mail: _kl m , ih a 5het'� Cd r21cf, or6j Home Address: X12 5h%r,n wcod Rd Wllrntngiun 2M01 (street) tC Zip code) Mailing Address if different: (City) (Zip Code) Home Phone: q10- 452 - Zq0( Fax: R10- 332430 Cell: g10--01q-�755 Business: g(0''33Z_9!3 j0 Years living in New Hanover County: 21 r'I mo Male: Female: Race: Age: 5(n (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. (aw- -) A person currently employed by the agen y or department for which this applicalloh 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: N n l'c-a I Fh a r M-A c_ t -)i 1,} dtrect pxheni-cam' Moniior pa- fients nn certain med+ca•ho-n!� t-e erre by phy Jlc+am Professional Activities: L -� comniro hens +vni rnrrllca,hn -n man;wemPof —ir Da-fie►*s �fhe+r n�oo.Aeo Volunteer Activities: bv-. 3 dd�:it�litera�-{ }utor(p pie;i 5oe uai�ficaKcns Ccr5aANia , Why do you wish to serve on this bodrd/coMmlttee? �„ n t- eresf- -5 uid u.de r ave rl I +n „f ed to : r n i n't rn kea 41-1 31spatlhe5 ?Ihcrpas+n�acce55lvcave 'IMm+r 'tih 6ver3i#u ofpjo, eSSiorzk, [Al+c,mern{mcril this len'A. Conflict of Interest: If aboard member believes he /she has a conflict or potential conflict of i teresf bn a particular Issue, tha 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? 1) ,icce65 fo cave 2) acce5G -b act(vl he's -6 yro-mck Well'heh3 �hd healf(hc&uai(cn 31 tncraastq yaccwahanZimmun+zahen ML _ Qualifications for serving: 1 am g_Lr /_e4-W w u I n n on '60 (ir d s �)r 1� Amt' -n c at) Co ((eo e oC- 0J to i ca (Fj'-r.it<ma, CACCO and 2) Noah C -avDlj nij 09600mnis Fours A- n Other municipal or county boards✓committees on which you are serving: r I I yrOV1 F mernhn r N C• BC, N as Phavnnus# M e w s tr a r c r i V r D - List three local personal references and phone numbers: 1v (,, ,i 10 /--,!j i 1. Robei+ 1)vich, KO (CCLC1 =) -- % ­3932 -9510& or r /63-- 0200 `A a,ra NkArks Q19 - 81b_086 a14huU&k Ai me z indlv+dlla(5 n0 (Dr -ioer are 3. ov-ua 0 l e6j d entS , -k)kh I W cl 7 30 ved (-5 Date: 6 Nov 2015 Signature � �f?� NIKInC Applications are kept on file for 18 months I understand that any oard or committee appointee may be removed and of Con- MitgigncMSeL geei�i�@@ 'Y40fZ 99utty Commissloners, Please use reverse side for additional commen ITEM: 23- 3 - 12 dJ''a• 1r Is IN. a — 0 YCommunity Care oj the I aver Care tear ACVSn. +.y f..�e dAYaM1NO45d!s�M'n November 10, 2015 New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Dear Board Members: I am currently serving on the New Hanover County Board of Health as its Pharmacist Member. As such, my current (first) term is ending at the end of 2015.1 would be honored to serve another term and enclosed is my application. I have been a licensed pharmacist in North Carolina since 1982 and I have lived in New Hanover County since 1991. 1 am currently employed with Community Care of the Lower Cape Fear and prior to this position, I was on faculty with South East Area Health Education Center (SEAHEC) and the UNC Eshelman School of Pharmacy. Currently I serve as Secretary with the Board of Regents of the American College of Clinical Pharmacy, a national pharmacy organization with over 15,000 members. Closer to home, I serve on the Board of Directors for the North Carolina Osteoporosis Foundation. I hope you find these experiences worthy of re- appointment to the New Hanover County Board of Health. If re- appointed, I would be honored to serve our residents in this way. Respectfully submitted, K m Thrasher, PharmD,BCPS,FCCP,CPP Board of Commissioners - December 14, 2015 ITEM: 23- 3 - 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS' 230 Govemment Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 . FAX (910) 798 -7145 Board/Committee: New Hanover County Board of Health ' ""�` ►mac S� Name: Jerry Brady Kennedy E- Maii:Jerrybk @bellsouth.net Home Address: 1001 Carolina Beach Avenue North Carolina Beach NC 28428 (Street) (Zip Go de) Mailing Address if different: P.O. Box 403 Carolina Beach NC 28428 (City) (Zip Code) Home Phone: 910- 458 -8041 Fax. Cell: 336 - 260 -6200 Business: Years living in New Hanover County 8 Male: Female: ✓ Race: Caucasian Age: 69 (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. 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. OCcupadon:Pharmacist - -- Retired Professional Activities: New Hanover County Pharmaceutical Association Volunteer Activities: Carolina Beach Board of Adjustment, Past Carolina Beach Operations Committ Why do you wish to serve on this board/committee? Sharing expertise gained by past experiences on a Board of Health and professional expertise gained as a Pharmacist. 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 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? Real time interaction between Healthcare Professionals including the private /public sectors with increased involvment Qualifications for serving: Past experience on Alamance County Board of Health as Chair and member. Experience as a Hospital and Retail Pharmacist including serving a Health Dept. Other municipal or county boards/committees on which you are serving: Carolina Beach Board of Adjustment, Past Member CB Operations Committee, CB Help Center Board (Vice Chair) List three local personal references and phone numbers: RECEIVED 1. Davey Waggett RPh ------ - - - - -- 910 - 762 -6278 2. Jeremy Hardison--------- - - - - -- 910 - 458 -2991 u u r o a r 3. Pastor Shawn Blackwelder - - - - -- 910 - 458 -5310 Date: 11 / 12 /2015 Signature ( 1 Applications are kept onrle for 18 months I understand that ittee ap t ay be remo Board of Commissioners - December 14, 2 15 ITEM: 23- 3 - 14 COMMITTEE APPOINTMENT JUVENILE CRIME PREVENTION COUNCIL Membership: Limited to no more than 26 (currently 23 members) Vacancy: 1 as follows: Under Age 18 (2 Students required) Term: 2 Years, expiring 9/30/17 ELIGIBLE FOR APPLICATION CATEGORY REAPPOINTMENT Darren Janz Under Age 18 Andrew Wet Under Age 18 Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 1 G�1 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 14313-846. 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 - December 14, 2015 ITEM: 23- 4 - 2 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 910 - 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 910 - 632 -9191 (H) Under Age 18 (2 Students required) Vacancy 9/30/17 Christan Stukes First 2/16/15 9/30/17 Wilmington, NC 28405 910- 233 -0719 Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 2 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Members -at -Large Valerie Arroyo First 9/14/15 9/30/17 833 Bent Creek Drive, Unit 203 Wilmington, NC 28405 704 - 369 -9949 (H /C) John M. Coble First 9/14/15 9/30/17 5003 Villa Place West Wilmington, NC 28409 910 - 796 -6627 (H) 910 - 619 -2829 (C) John Alan Dismukes First 9/17/12 9/30/14 4166 Breezewood Dr., #204 Second 9/15/14 9/30/16 Wilmington, NC 28412 910 - 648 -3162 (C) 520 -6786 (C) Cathy Guidry First 9/14/15 9/30/17 414 West Blackbeard Road Wilmington, NC 28409 910 - 791 -4740 (H) 910 - 471 -4740 (C) 910 - 471 -4742 (W) Evelyn Sanders First 9/14/15 9/30/17 1143 Greenfield Street Wilmington, NC 24801 910 - 399 -5553 (H) 910 - 297 -1450 (C) Ida R. Smith First 9/17/12 9/30/14 2410 Chestnut Street Second 9/15/14 9/30/16 Wilmington, NC 28405 910 - 763 -9136 (H) 910 - 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 910 - 798 -7184 (W) Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 3 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Revised: 9/21/15 Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: District Attorney's Office: Charity Wilson Undesignated DSS: Wanda Marino Health Department: Maria Turnley Judge of District Court: Judge JH Corpening, Chair Juvenile Justice / Courts: Robert Speight NHC Schools: Dr. Rick Holliday Public Defender's Office: Lyana Hunter Sheriff Department: Novella H. Frieslander Substance Abuse Center: Ryan Estes Trillium Health Resources — Southern Regional Area Board: Amy Horgan United Way: Tommy Taylor Wilmington City Police: Melissa Moore Youth Empowerment Program: Chris Preston NC JJ &DP Consultant: Jesse Riggs File: /JCPC Staff liaison /support: Wendy DuBose 9/15 Revised: 9/21/15 Board of Commissioners - December 14, 2015 ITEM: 23- 4 - 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: New Hanover County Juvenile Crime Prevention Council Name: Darren Janz E.Mall.darren.janz@gmail.com Home Address: 705 Grey Squirrel Drive Wilmington 28409 (street) yo o e Mailing Address if different. N/A (City) (Zip Code) Home Phone: (910) 791 -7869 Fax. Cell: (910) 232 -4057 Business: Years living in New Hanover County: 11 Male: ✓ Female: Race: W'i'g' (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 Elane Janz Age: 14 Employer. New Hanover County Schools 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 Amide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family memberemployed by such agency or department. Occupadon:Student at Eugene Ashley High School Professional Activities: Student Volunteer Activides: BOY Scouts of America Why do you wish to serve on this board/committee? I would like to serve on this board in order to represent our county's youth and contribute to possible problem - solving ideas or programs. Conflict of interest. W 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 meetlog. 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/hersetf from voting on the matter. What areas of concern would you like to see addressed by this committee? I would like to see the JCPC address both the causes of youth crime in our county and ways to prevent crime activity. Qualifications for serving: Having experienced my education in our county's schools, I believe I can accurately represent the sentiments and challenges faced today by our county's youth. Other municipal or county boards/committees on which you are serving: N/A RPCFIVFn List three local personal references and phone numbers. ,, ti VL�� �. Giles Roberts - (910)790 -2360 ex. 420 2. Lauris Long - (910)350 -2100 ex. 312 3. Robert Waxman - (910) 763 -7469 Date: 11/28/15 Signature °r Applications are kept on file for 18 months l understand that any board or committee appointee may be removed Board of Comwlb* mewsiDby ortiOy8fl65untycommissioners. Please use reverse side for additional comments ITEM: 23- 4 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 E FAX (910) 798 -7145 Board/Committee: New Hanover County Juvenile Crime Prevention Council Name: Andrew Vliet E- Mail: andrew .vlietl9 @capefearacademy.org Home Address: 6518 Chalfont Circle Wilmington 28405 (Street) fly rp Code) Mailing Address if different. n/a (City) (zip Code) Home Phone: 910.679.8042 Fax: n/a Cell: 910.685.0256 Business: n/a Years living in New Hanover County: 3.5 Male: ✓ Female: Race: Caucasian Age: 13 (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. n/a 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: student Professional Activities: n/a Volunteer Activities: New Hanover County Youth Court Why do you wish to serve on this board/committee? I would like to further my understanding of Teen Court. 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 himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? I would like to see the pro- cess of who goes before the Teen Court reviewed. Qualifications forserving: I have served in the New Hanover County Youth and Teen Court since December 2012. Other municipal or county boards/committees on which you are serving: n/a List three local personal references and phone numbers: RECEIVED 11. Sheila Evans, 910.362.8000 2. Cody Adams, 910.791.0287 -';J 3. Carr Fullagar, 910.791.0287 N H C B O C C Date. 27 November 2015 Signature 00>.dr1_,,., \4 " 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 - December 14, 2015 ITEM: 23- 4 - 6 COMMITTEE APPOINTMENTS NURSING HOME COMMUNITY ADVISORY COMMITTEE Membership: 9 State mandated; may appoint up to 14 based on the number of facilities Current Members: 14 Vacancies: May appoint up to 2 Terms: 3 year term, expiring 12/31/18 1 year term initially, expiring 12/31/16 ELIGIBLE FOR APPLICANTS: REAPPOINTMENT Appointment for a 3 year term: Holli Blackwelder X Dorothy L. Grime X Appointment for an initial 1 year term: Edward V. Grace Donna Ringelstein Sondra Robertson Denise Shackelford ADMINISTRATORS' NOMINEES None Attachments: Committee Information Sheets Applications Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 1 4� NEW HANOVER COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 9 State mandated; may appoint up to 14 based on the number of nursing homes. The Nursing Home Administrators may nominate one -third of the members. Term of Office: 1 -year term initially; 3 -year term thereafter Brief on the functions: Each member shall be aware of the general conditions under which the persons are residing in the homes, and shall work for the best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves and more often if it is necessary to carry out the duties. Statute or cause creating Board: N.C. General Statute 131 E -128. 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 Nursing 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. Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and October at 4:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Sandy Andrews Initial 9/14/15 9/30/16 4337 Parmele Road Castle Hayne, NC 28429 910 - 619 -3753 (C) 910 - 667 -3285 (W) Holli Blackwelder Initial 12/19/11 12/31/12 2324 Jefferson Street First 12/17/12 12/31/15 Wilmington, NC 28401 - 910 - 547 -3771 (C) I Dennis Bowes Initial 3116/15 3/31/16 1519 -4 Village Drive Wilmington, NC 28401 910 - 399 -2575 (H) 910 - 599 -3272 (C) Susan Bowes Initial 3116/15 3/31/16 1519 -4 Village Drive Wilmington, NC 28401 910 - 399 -2575 (H) 910 - 599 -3272 (C) Julie Brewer Initial 6/18/07 6/30/08 3107 Durbin Court First 6/16/08 6/30/11 Wilmington, NC 28409 Second 7/11/11 7/31/14 910 - 799 -4325 (H) Third 8/11/14 8/31/17 Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 2 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONT.) Revised: 9/21/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION John M. Coble Initial 3116/09 3/31/10 5003 Villa Place W. First 3/15/10 3/31/13 Wilmington, NC 28409 Second 4/22/13 4/30/16 910 - 796 -6627 (H) 910 - 619 -2829 (C) Catherine Davis First 9/22/08 9/30/11 5613 Greenville Loop Road Second 8/15/11 9/30/14 Wilmington, NC 28409 Third 9/15/14 9/30/17 910 - 395 -5512 (H) Dorothy L' Grime Initial 12/19/11 12/31/12 5583 Woodduck Circle First 12/17/12 12/31/15 Wilmington, NC 28409 910 - 350 -0672 (H) I Andrea Kelly Initial 4/22/13 4/30/14 6710 Low Bush Ct. (Adult Care) Wilmington, NC 28405 First 3/24/14 3/31/17 910 - 313 -0645 (H) 910 - 795 -7703 (C) Phyllis Meole Initial 3124/14 3/31/15 9 Brookwood Avenue First 3/16/15 3/31/18 Wilmington, NC 28403 910- 251 -0913 (H) 910- 231 -8039 (C) Robert (Bob) Shelley Initial 3112/12 3/31/13 6472 Bradbury Court First 4/22/13 4/30/16 Wilmington, NC 28412 910 - 392 -6011 (H) 910 - 232 -4062 (W) Denise L. Shuart Initial 8/13/07 8/31/08 421 Ilex Drive First 8/18/08 8/31/11 Wilmington, NC 28412 Second 8/15/11 8/31/14 910 - 617 -7005 (C) Third 8/11/14 8/31/17 Janet A. Stump Initial 4122/13 4/30/14 622 Mohican Trail First 8/11/14 8/31/17 Wilmington, NC 28409 910 - 799 -6019 (H) Juanita R. Venters Initial 9/15/14 9/30/15 303 Crooked Creek Road First 9/14/15 9/30/18 Wilmington, NC 28409 910 - 799 -3528 (H) Members Nominated by Nursing Home Administrators: None Revised: 9/21/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 3 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONT.) CURRENT MEMBERS TERM OF OFFICE APPOINTMENT I EXPIRATION Region O Lonq Term Care Ombudsman File: /Nursing, B/C #22 - 9.15 Audrey Marshall Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28401 910- 395 -4553 Revised: 9/21/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 4 11/02/2011 14:27 9102532249 DSS SERVICES UNITS PAGE 02/02 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 W)lrnington, NC 28403 Tatophone (910) 7987949 FAX (91 o) 798-7145 COMMITTEE APPLICATION / •;yr�: I t Nursing Home Community Advisory Committee Board /Committee: g Name: Ho17.i Blackwelder E-Mal h1b9992 @uncw.edu Home Address: 2324 Jefferson Street wilmingtozs 26401 Mailing Address if different: N/A (Vty, (Zip Code) tsxo) 547 -3771 pax: Cell: (910) 547 -3771 Business: Home Phone: Years living in Female: Race: White Age: 32 New Hanover County: 12 yr' Male' --- -� (Information for the purpos,) of assuring a cross- sediorn of the communky) i)o you have a family member employed b.✓ New Hanover County? if yes, name NO employer. Currently Student at UNCh7 ntment, in /1 mpl Wirently ernpl0yed by the O9 y or dr�arMxnt /Or'. ..Ch this eppitatlon rs mAde, rrwsr resign hisnier poaldon with New Hanover COUrsy uPo^ apr accorglance with AMde Ur, Sec. 4 0/ the New Nenover COUnfy PO sonnel pOUcy. FurthWW M, a {iplinant Should have n0 fmmedlate famrfy member employed by SUCK envy Or department. Occupation: $tudent Current internship at Brunswick Co. DSS in APS Professional Activities: Volunteer Ac #vities: School related s')oial work events e.g. Senior Prom Population and I have a passion for the elderly Why do you wish to serve on this board/committee • I strongly feel that it is all o:: our duty to ensure the standard Of care in facilities- The member Shedd Stafe the nafWe of the contllck tletalprltl that hC�ahe has a SeperdtP, r• or monOtary tbrMkt of tnleraet: h e board member betlevCS he�'stk he: a C&Oct Or pdantial conAlct 0► mfereSt on a particular issue. chef member should !fate ttlla batter r the r members of his/her nCSP ire bOOrd during O oer c meeting• interest, elow ormt er Indlreot. in the Issue under cpnalderStic n, The mernbbl should then erruve lerFtSp lrArerse, To continue reassuring that What areas of concern would you like to see addressed by this committee. New Hanover Co.'s SNF's are providing quality care to their residents. Qualifications forserving' 7. ha" ° .reed in skilled nursing facilities for over 9 years. S was Social services Manager and Activities Director. I am familar with regulations and pop. I soon will join the Elder Other municipal or county boards/committees on which you are serving: Abuse Prevention Network in Jan%:ary 2012 t.ist three local personal references and phone numbers: 1. Sharon Luquire 910 465 -8933 2. celesto Newborn 97.0 512 -5449 Kerry Smith 910 471-0959 Date: 11 -2 -11 APP#CAflorrs err a+epl &7)7/e M. !f mom'1S MA--g uze reverse s/de for add&ia 01 cofpfn� ?ntS M 1SSYcI�[RS Signata' �r fundersfa'!la►diet altyboaMarcamm' w/thout cause by a M# N IH @B epipp jam, ay 6e r o f0 ly of County ved Commis�soners, m Board of Commissioners - December 14, 2015 ITEM: 23- 5 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 = > Wilmington, NC 28403 COMMITTEE APPLICATION 3 Telephone (910) 798 -7149 2 ,2 FAX (910) 798 -7145 Board/Committee: N/U Yr'U_ n 4 40 pii Q r��n A✓ T� Name: /� 1�D ��/ �/ % �i 1�•r Q E -Mail: Home Address: D n of r r )L C_ i, ✓ C) +e.. W" 11ti► , ki 9 4 yr (Street) Mailing Address if different: Home Phone: Fax: (City) (City) (Zip Code) (Zip Code) Cell: Business: Years living in New Hanover County: Male: Female: Race: %U . q , 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% ' 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 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: e-J> Y Professional Activities: v ,� ` • I-) 1) c v : � A L Volunteer Activities: Why do you wish to serve on this board/committee? L2 En 6U �1i 1 1 ) OC e r /Y � r>t ✓-e 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? Qualifications for serving: ZQ-I-" Y e-4 Lv o y- S P_ Other municipal or county boards/committees on which you are serving: j ?:r -e- r`i'l V Date: 2'j, J/ Signature )ae� '_L4�z� -) Applications are kept on rile for 18 months I understand thaf any board or c ittee appointee may be removed wt?hout case by a malgriyol 5 my Commissioners. Please use reverse side foradditional comrR &14 of Commissioners - ece er 4 Z 1 ITEM: 23- 5 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Government Center Drive, Suite 175 1 � Wilmington, NC 28403 COMMITTEE APPLICATION 4�24230 Telephone (910) 798 -7149 FAX (910) 798 -7145 ! / ,' r BoardlCommittee: Nursing Home Advisory Committee Name: Edward V. Grace Ewan: grac8883Cbel1 south. net Home 301 R. L. Honeycutt Dr. Wilmington NC 28412 Address: (Street) Q Mailing Address If different: (City) (Zip Code) Home Phone: 910 392 5 6 9 2 Fax910 397 9214 Ce11 :910 520 6920 Business? e t i r e d Years living in New Hanover County. 3 0 Male: X Female: Race: Wh i t e C a u c a s i a nlge: 81 (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. 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 empbyed by such agency or department. Occupation: Retired in 1988 after 30 years in U S Coast yard Professional Activities: Spent 1989 -1990 with local polution response company boards and committees with St Mary Catholic Church Volunteer Activities: Why do you wish to serve on this board /committee? I was on this committee for eight years ending in 1998 I believe it is time I got back into that service 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 himseU/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? The welfare and quality of life for residence of skilled nursing facilites not to exclude care and condition. Qualifications for serving: _The nrevi nnG Get ri r•a anti hai nn a Cara n; fpr farm members. Other municipal or county boardslrcommittees on which you are serving: No n e List three local personal references and phone numbers: 1. RADM Paul Pluta (ret) 910 509 2820 Dr. Robert Plage DDS 910 762 4155 z Mr. Charles North 910 392 4824 3. Date: l S' c% yl�D d l�- Applications are kept on file for 18 months RE 0'e4l-j� CEIVE'D Signature I understand that any board or committee appointee may be 1"VIRd without cause by a majority of County Commissioners. - Please use reverse side for additional corn atsd of Commissioners - December 14, 2015 ITEM: 23- 5 - 7 N H C B 0 C C 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: Nursing Home Community adcisory committee Name: Donna Ringelstein E -Mall. donnaringo@aol.com Home Addresr 373 Windchime Dr wilaington nc 28412 e (Zip Mailing Address N tfifferent. (CRY) (Zip Code) Home Phone: 910- 399 -2175 Fax: Cell: 910 -616 -6773 Business: Years living in New Hanover County. 3 Male: Female: ✓ Race: caucasiosn Age. 70 (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: Care Providers of Wilmington A person currently dyed by the agency or department lbr which this application is made must resign hisiher 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: RN Professional Activities: certified in aids nursing, supervise aids doing personal care for Medic et lD s Volunteer Activities: Member League of Women Voters, Usher Thalian Hall Why do you wish to serve on this boarWcommittee? Previously served on Board of Directors for for L� profit nursing home in Illinois. 40p f /asPr r A� &)ARd rOR ' YRS �,�f T LLind�S Conttkt of hrteresr: M 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 hisMer 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 consideratfan. 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? Paient Bill of rights is adhered to. Qualifications for serving: RN in home care arena. previous board experience for nursing home 'v- /- /6 St' l -r A L Other municipal or county boards(committees on which you are serving: none RECEIVED 11 4 List three local personal references and phone numbers. , .y I - -, ` �. (t�I A o _ R A J yio - o � � g N H C R n E�C 3. -Dnn R, r-- Date: 9- // -/-t- Signature �a Applications are kept on rte for 18 months 1 unduerstand that any board or committee atipointee may be removed wfthout�cattse by �majoIF(of County Commissloners. Board of Commissioners - ecem er i4, 2 ITEM: 23- 5 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, IVC 28403 COMMITTEE APPLICATION ft Telephone (910) 798 -7149 FAX (910) 798 -7145 1 11 Board/Committee: I Q&') -'} Name: �m CXG. -\ -a 0 rl ' 1�. E -Mail: S 4^UO2V:- 1C) Home Address: n (/�C3Y�0.�C.yt 1� W� W t.�1Vri��`(�l- o��S If ale= zl Mailing Address if different: (City) (Zip Code) Home Phone: q 1 d 39 --' Fax: — Cell: 5(5-6411 Business: "(K, Years living in New Hanover County. D Male: Female: ✓ Race:_ e 4 t , n,- Age:, RQ _ (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 1s 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: rU ±WJt Professional Activities: Volunteer Acgvities: ��cl �,.s� f�- e o 01 c� 7U ,3 ��� �1 �s� tcQ , �� ► n c0� � c � �tC� Why do you wish to serve on this board/committee? Q m `yrt F ao n o n jk,_ Sri d n S�( Y CL CQQ U d tw Conf1kt of Interest If a board member believes he/she h a conflict or potenti4l conflict of interest on a particuiMissue, that member sho d 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, pr4vate, or monetary interest, either director indirect, in the Issue under consideration. The member should then excuse himselGherself from voting on the matter. What areas of concern would you like to see addressed by this committee? Qual/ficadons for serving: V �1nn Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: RECEIVED I. p , 04`4g 2. (,(q-OS-39 , `lejq -Ia,�(p ,111„ Il 11 V Ll V V V -- 3. 1 kl��O a -) 717 Date: `"(-YJ UV\Y � '1- p i X20 S Signature 0 Applications are kept on file for 18 months I understand that any board or committee appointee may be removed Please use reverse side for additional comma d of Commissioners Y° au b s �r►ea�jotyounty Commissioners. ITEM: 23- 5 - 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 BoardlCommittee: Name: Home Address: 1 &. r 1d Malting Address if different. lit r (CRY) (Zip Code) Home Phone: Aq Fax. Cell-q1,0 3$4 ' 2 Dou Business. _ Years living in New Hanover County. Male: Female: ✓ Race: Age: (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? Kyes, name /ld Employer: A person cwrently employ dby the agency or department for which tl accordance with Article A Sec. 4 of the New Hanover County Personnel department. Occupation: two, Furthermore, applicant should have no immediate family member upon appointment, in eed by such agency or Professional Activities: C Volunteer Activities: Why do you wish to serve on this boare fcomeWtee? i�,¢ Al , - ,,,�, / fo `L 4, wmacr or arreresr IT a DOOM memDe believes hW" has a conflict or potafidal conflict 4rintwest on a particular Issue, that member should state this belief to the members of his4ier respective board doing a public meeting. The member should state the nature of the conflict detalting that he/she has as eparate, private, or ma interest, either director indkect In the issue under consideration. The member should then excuse himselfiherself from voting on the matter. What areas of concern would you lime to see addressed by this committee? Qualifications for serving: Other municipal or county boards✓committees on which you are serving: /LA List three local personal references and phone numbers: 1. Q&i, 6,1d q(b 7qq gzgg RECEIVED 2. K1 q to Date: /1 11-712,ojS- Signature L-L j --� Applications are kept on fJle for 18 months I understand that any board or appo be removed without caus� b� a brs 14' 16Fg' u Commit, doners. Please use reverse side for additional commgMard of Commissioners - e em r ITEM: 23- 5 - 10 COMMITTEE APPOINTMENTS TOURISM DEVELOPMENT AUTHORITY 3 Vacancies — Three -Year Term ending 12/31/18 Categories: Bed & Breakfast Owner /Manager Carolina Beach Hotel Owner /Manager Restaurant Owner /Manager ELIGIBLE FOR APPLICANTS REAPPOINTMENT BED & BREAKFAST OWNER /MANAGER Charles Pennington — The Verandas B &B X (willing to serve a 4th term due to no applications being received for this category) CAROLINA BEACH HOTEL OWNER /MANAGER LeAnn Pierce — Drifter's Reef Hotel X RESTAURANT OWNER /MANAGER Nello "Tony" Di Norcia — Beach Bagels Anglea Rhodes — Catch Modern Seafood Cuisine & X Phun Seafood Bar George A. Scott — The Bridgetender Restaurant Attachments: Committee Information Sheets Applications Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 1 NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY Number of Members: 15 voting members: 5 ex- officio members and 10 members appointed by the Board of County Commissioners. The five ex- officio members are the Chairman of the Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the Beach towns or whomever they appoint by each elected body. The other ten members are in the following categories and must have experience in promoting travel and tourism: a. Owner /manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach b. Owner /manager of a hotel in the Town of Carolina Beach c. Owner /manager of a hotel in the Town of Kure Beach d. Owner /manager of a hotel of 150 rooms or more in the City of Wilmington e. Owner /manager of a hotel of fewer than 150 rooms in the City of Wilmington f. Owner /manager of a bed and breakfast facility g. Owner /manager of company that manages and rents more than 100 vacation rental properties h. Representative of a tourism attraction i. Representative of the Wilmington Chamber of Commerce j. Owner /manager of a restaurant business Term of Office: 3 -years with no one serving more than two consecutive full terms (excluding Chairman of Commissioners and Mayors). Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at various locations in the county. Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development Authority (TDA) to promote travel, tourism, and conventions in New Hanover County, and to administer related tourism expenditures. The TDA shall take effect and come into creation on January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau. Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Anne E. Brodsky Kure Beach Hotel First 12/20/10 12/31/13 Palm Air Realty Owner /Manager Second 12/9/13 12/31/16 133 N. Ft. Fisher Boulevard Kure Beach, NC 28449 910458 -5269 (W) 910 - 228 -7810 (C) Neal Johnson Vacation Rental First 12/19/11 12/31/14 Network Real Estate Properties Second 12/22/14 12/31/17 7036 Orchard Trace Owner /Manager Wilmington, NC 28409 910458 -8881 (W) 910 - 520 -4926 (C) Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 2 8 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 Revised: 7/31/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Frank M. Jones, Chairman Wilmington Hotel First 12/15/08 12/31/11 Suburban Extended Stay Hotel (<150) Second 12/18/11 12/31/14 7200 Oyster Lane Owner /Manager Third 12/22/14 12/31/17 Wilmington, NC 28411 910 - 297 -4343 (C) 910 - 793 -1920 (W) Michael W. Keeler Wilmington Hotel Unexpired 2/15/10 12/31/11 Hilton Wilmington Riverside ( +150) First 12/19/11 12/31/14 310 N. Water Street Owner /Manager Second 12/22/14 12/31/17 Wilmington, NC 28401 910 - 343 -6150 (W) 404 - 343 -0901 (C) Connie Majure -Rhett Chamber of First 12/9/13 12/31/16 1710 Chestnut Street Commerce Wilmington, NC 28405 910 - 524 -9500 (C) 910 - 762 -2611 (W) Carl B. Marshburn, Vice - Chairman Tourist Attraction Unexpired 6/21/10 12/31/10 Cape Fear Riverboats First 12/20/10 12/31/13 101 South Water Street Second 12/9/13 12/31/16 Wilmington, NC 28401 910 - 520 -3730 (C) 910 - 343 -1611 (W) Nicolas Montoya Wrightsville Beach First 12/9/13 12/31/16 219 N. 17th Street Hotel Wilmington, NC 28401 Owner /Manager 910 - 617 -2946 (C) 910 - 256 -2251 (W) Charles Pennington Bed & Breakfast Unexpired 9/20/04 12/31/06 The Verandas Bed and Breakfast Owner /Manager First 12/18/06 12/31/09 202 Nun Street Second 1/19/10 12/31/12 Wilmington, NC 28401 -5020 Third 12/ L7/12 12/31/15 -F,,, 910 - 251 -2212 (H & W) V a_ LeAnn Pierce Carolina Beach Hotel Unexpired 2/18/13 12/31/15 Drifter's Reef Hotel Owner /Manager 701 N. Lake Park Boulevard Carolina Beach, NC 28428 n 910 - 520 -5921 (C) 910 - 458 -5414 (W) I K Angela Rhodes, Secretary Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner /Manager Phun Seafood Bar 803 Calico Crossing Wilmington, NC 28411 J 910 - 512 -2745 (C) 910 - 799 -3847 (W) Revised: 7/31/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 3 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 Revised: 7/31/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 4 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Ex- officio Members: Jonathan Barfield, Jr. New Hanover County 12/20/10 Undesignated Commissioner Mayor Dan Wilcox Carolina Beach 12/13 Undesignated Mayor Dean Lambeth Kure Beach 12/10 Undesignated Mayor Bill Saffo City of Wilmington 12/09 Undesignated Mayor Bill Blair Wrightsville Beach 12/09 Undesignated Lisa Wurtzbacher, Treasurer New Hanover County 8/12 Undesignated Finance Officer Contact: Kim Hufham, President/CEO File: /TDA Wilmington and Beaches CVB B/C#42 7.15 505 Nutt Street, Unit A Wilmington, NC 28401 910- 341 -4030 (W), 910- 520 -9194 (C), 910- 341 -4029 (F) Revised: 7/31/2015 Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 4 New Hanover County r, S4 Board of Commissioners COMMITTEE APPLICATION O 1 2ink 320 Chestnut Street, Room 305 SEp Wilmington,NC 28401 -4093 a7G Telephone (910) 341 -7149 FAX (910) 341 4130 NANOVER 0 NERS NEW �OMM�SS10 Board/Committee: Tourism Development Board gp. OF Name: Charles Pennington Home Address: 202 Nun Street Wilmington, NC 28401 -5020 (Street) (City) (Zip Code) Mailing Address if different: Home Phone: 910- 251 -2212 Business/Work Phone: 910 -251 -2212 Years Living in New Hanover County: 8 Years Male: ••• - = Female: _ Race: White Age: 53 (Information for the purpose of assuring a cross section of the community) Employer: The Verandas Bed and Breakfast /self employed (A person currently employed by the agency or department for which this application is made, most resign his/her position with New Hanover County upon appointment in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy,) Job Title: owner /cro Professional Activities: Volunteer Activities: Why do you wish to serve on this board/committee? = Would like to share my input, energy, and marketing ideas with the CVB and represent the interests of the 18 bed and breakfast owners. Conflict of Interest: tl a board member believes he I 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 Me 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? Marketing /advertising /communication Qualifications for serving: Owner of The Verandas BAB in Wilmington, a member of Select Registry 4 a AAA Your Diamond property. Two masters degrees and 20 years of financial corp. exper. Other municipal or county boards /committees on which you are serving: N/A List three local personal references and phone numbers: 1 Suzanne Ruffin 763 -7367 2 Karen Clark 763 -7581 3 Susie Hamilton 763 -7349 Date: September 3, 2004 Applications are kept on ilk for 19 months 4. Beverly Asycue 251 -7333 Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 5 Use reverse side for addlfional comments NEW HANOVER COUNTY BOARD OF COMMISSIONERS �t c "'� Q. �-� 230 Government Center Drive, Suite 175 Mmington, NC 28403 COMMITTEE APPLICATION o E � Telephone (910) 798 -7149• / ar FAX (9t 0) 798 -7145 1` i •~r4Xlini ^'�• Board/Committee: Tourism Development Authority Name: LeAnn Pierce E -11081h info@driftersreef . com Home Address: 100 N. 8th St. Carolina Beach, NC 28428 Mailing Address if different: 701 N Lake Park Blvd, Carolina Beach, NC 28428 (City) R(p Code) Home Phone: 910- 520 -5921 Fax. 910- 458 -0550 Cell: 910- 520 -5921 Business., 458 -5414 Years living In New Hanover County: 21 yrs Maie: Female• ✓ Race• white Age: 44 (information for the purpose of assuring s crass- section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer. Drifter's Reef Hotel -701 N Lake Park Blvd, Carolina Beach, NC A person curremy wn*yod by the agency or deparhnent for which this w0kabon is made, must resign htsihw position With New Hanover County upon a nbnent, in accordance with Arlde Vf, Sec. 4 of the New Hanover County Personnel Palcy. Furthermore, applicant should have no lmmed ate family member employed by such agency or department. Occupation: owner /Manager Professional Activities: Member WRAR, NCAR, NAR Volunteer Activities: Board member - Boardwalk Makeover Group Why do you wish to serve on this boarftommittee? I understand the importance of "heads on beds" to our local economy. I am familiar with the needs of our tourists and business owners. Conflict of interest # a board member believes Wdo has a conflict or potential conflict of interest on a particvdarissue, the( member should state tNs belief to the older nwnbers of N~ respective board during a public meeting. The member should state the nature of the oomlkt dbWfing that he/she has a separate, private, or monetary interest eifher dmd orindlred, in the issue undar corraidombon. The member should then excuse Nmsetfiherself from voting on the matter. What areas of concern would you like to see addressed by this committee? I believe continuing to develope a more pronounced shoulder season would benefit our county. Qualifications for serving: I have been in the hotel business in Carolina Beach for the past 17 years. I am involved in our local government and promotion of our local resources. Other municipal or county boards/committees on which you are serving: Town of Carolina Beach Planning and Zoning RECEIVED List three local personal references and phone numbers: 1. Mayor Dean Lambeth 619 -2077 DEC 21 2012 Z. Ed Parvin -Town Manager Carolina Beach 458 -2526 B O C Barr 3. Teresa Clontz- Bluewater Realty and Vacation Rentals 612 -2487 Date. 12/21/12 Signature Appticedons are kept on file for 18 months i understand that any board or committee appoiMea may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comfflea f of Commissioners - December 14, 2015 ITEM: 23- 6 - 6 9107543255 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 23o Government Center Drive, Suite 11-5 Wilmington, NC 28403 Telephone (910) 798 -7149 10:22:04 a.m. 11 -30 -2015 COMMITTEE APPLICATION FAX (910) 798 -7145 0�� Board/ Committee: Now Hanover County Tourment Authority 1 /1 Name: Nello "Tony" Di Norcia E Mail. tdinorciaQymail .coal Home Address;1105 Rivage Promenade Wilmington 28412 (Street) MM (Zip Code) Mailing Address If diffenwt. (CRY) (Rip Code) Home Phone: 910- 769 -4415 Fax. Cell: 516- 474 -4415 Business: 256 -1222 Years living in New Hanover County: 2.5 Marie: ✓ Female: Race: Caucasion Age. 47 (information for the purpose of assuring a txnse- sectbn of the community) Do you have a family member employed by New Hanover County? if yes, name Employer: ' f�j(Y1 0t-14l A person --gy eyed by the agency or t ipr which this apoic"an is made, moat makn Mather powWon with New Hanover County upon appoirdrnedt, in accordance with Article Vi, Sec. 4 of the New Hanover County Personnel policy. Fudhernwne, applkent ahoudd have no immediate family member employed by such agency or t OCCUpation:Owner, Beach Bagels Professional Activities: none Volunteer Activities: none Why do you wish to serve on this boar Ybommittes? As a new resident and business owner, I' d like to help develop and promote New Hanover County into a premier tourist destination. C00110t of b4aneat: ii a board member ballevea hanbhe has a co nAkt o potential conflkt d intereat on a psrticndsr kous, that member should state Ws bedlerto the other membem of his/her respective board doing s public meebng. The member shondd state the nature of the conflkt detaling that hafrhe has s separate, private, or monetary Interns; efitw direct or kxftA In the Issue under conaldaaWn. The nwnbsr ahould then excuse himseWhaseN hum voting on the matter. What areas of concern would you like b see addressed by this commHtee? I'd like to see the committee develop "off - season" tourism as well as address traffic and parking. Qualifications for serving: Prior to owning Beach Bagels, I was a senior product management executive for over 20 years and several financial services firms in New York City. Other municipal or county boards/commitiess on which you are serving: none Ust three local personal references and phone numbers: RECEIVED 1. Dr. Robert Bennett; 910- 619 -1271 2. Dr. Susan Andracchi; 910- 619 -1271 NH C B 0 CC 3. Faye Faye; 919 - 880 -7913 Date: 11/26/15 Signature Applications are kept on Foe for 18 months 1 understand thaz4any boarfor committee appointee may be removed without cause by a malorM of Countv Commissioners. Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 : Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) FAX (910) 798 -714 7149 RECEIVED = Board /Committee: NH<" %,�r'�sm C�eyPl�hrr��� A�i�hDr�tu NOV 2 9 2012 Name: Arvari n RhudP -, E -Mail: I C <n-+& co) a rna; l c�TfY 1 Home Ili Address: So3 Call c o )e % na . �n1,1 nait��n ,1.5 G ZFi 14 11 (Street) (City) (Zip Code) Mailing Address if different: CSoame ca-3 aVnzn -Ge (City) (Zip Code) Home Phone: N I R Fax: 31 D-1AC1 • 'l 11 `-E Cell: q 0 , 512 , 21 `-f 9 Business: -Iqq , Zg `I 1 Years living in New Hanover County: ZZ Male: Female: ✓ Race: g 1 a c k. 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 , �S C-), Employer. Catch / Phan Seafood P,3Y % Cod h Foacj Tr kc1Z A person currently employed by the agency or department fof which this application is made, must resign h s /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: P,rapr l-eAn r Professional Activities: N/ A Volunteer Activities: p i v i s � 6 n -L-v ur t s m Mec l � A M�,i-s x eFo . Nil C, Why do you wish to serve on this board/committee? Tv Y--)e Ln v. _ } in cocornwn'A -�4 -%4-o a5sin& '%n /irlPns rec]c�rdlr�rn t- o".rism. Conflict of Interest: Hb board member believes he/she has a conflict of potential cotfict of interest on a p&ticular 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, derailing 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? All G\S Deci-S a f Qualifications for serving: �,a�/ m �n cep QSL 1Drin�ln0� k�nowL2c�Ae i-o nt�� ►�c�u�P�\ c�-i-u (' Other municipal or county boardalcommittees on which you are serving: 1.1 erne . List three local personal references and phone numbers: I. Nall -,e, 2xassell r Vil10, 101anckmev- Fairyy� Q\�afdc>cny AC)yer-hsirta-U10 fi20 -laILn Z ,1Pn6k 1-N0. V14byUf\Cy\i-Rssk. C1rin,ncQ11av jusf Cnmnn. Pa.Y*y-Vey- ships -ql�- utcl- 11SR� �� .,. •_ .. . ,. 11 � . 111 11 Date: �A�cN�mY� ear 2q 20 t2 Signature Applications are kept on the for 18 months I understand that any board 6rjLwnmitte6 appointee may be removed Please use reverse side for additional comff� of CommiSwithout ca e b�r $Mo�lty poJ Founty Commissioners. ITEM: 23- 6 - 8 D�v�s,o� o� .�ovxisr� C- �v�rnors c�n�re�e, Chaarlo}}�, t� Foocj lalZ �f Certtvcil °+�'n tSG ` Mc�,,-cY, u� , p gder, Diem, C-mp+-Lj Bowls, `The L ASZE p rnwj , e "t lkn k� ed V� cry as JvS� o. - -P u = 4 c v i�i2s t11c�t w e 5,e, hc.�ndS esr Qc� r i c� po.1 -ion n J � -�o Moy-\-CAou-v, L1Jlember' .�S(, Co0.5rat A �-R kDd eS Board of Commissioners - December 14, 2015 ITEM: 23- 6 - 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 BoareVCommittee: Tourism Development Commitee Name: George A. Scott E Mail: geoscottl @yahoo. com Home Address: 644 Village Park Dr.Unit 102 Wilmington,NC 28405 e (Zip Mailing Address if different: (city) (Z40 Code) Home Phone: 910- 399 -1117 Fax. Cell :917- 952 -8520 Business: Years living in New Hanover County. 5 1/2 Male: ✓ Female: Race: White Age. 71 (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. The Bridgetender Restaurant Wrightsville Beach 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 W,, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Part -Time Assistant Manager Professional Activities: Former Vice - President of the Forest Hills (NY) Chamber of Commerce (8yrs Volunteer Activities: Phone volunteer at WHQR radio Why do you wish to serve on this boar&committee? My love of Wilmington and the area and my wish to improve the dining experience of locals and tourists alike. Conflict of Interest /f 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 direct or 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? Promoting the restaurant industry in the off - season when the tourists have left town. Qualms cations for serving: Former Restaurant owner of 4 different locations in NY. Former Assistant Manager of the best known Steak House in NY(Peter Lugers,Brooklyn) Other municipal or county boards/committees on which you are serving: none List t h r e e local p e r s o n a l r e f e r e n c e s and phone numbers: R E C E I V E D �. John Miller(Personal friend for 40 years) 910- 769 -3912 ;j 2. John McClatchy (Owner,Bridgetender Restaurant) 910- 256 -4519 NHC Bnrf 3. Donald Arabian 910- 399 -5887 Date: November 16,2015 Signature Applications are kept on file for 18 months I understand th any board orkommittee a ointee may be removed Please use reverse side for additional comnA d of Comm without sau�e d�m bear j ty 8j gounty Commissioners ITEM: 23- 6 - 10 COMMITTEE APPOINTMENTS PARKS CONSERVANCY OF NEW HANOVER COUNTY, INC. BOARD OF DIRECTORS 1 Vacancy: Unexpired Term ending 6/30/17 APPLICANTS: Cindy L. Kauth Comer Lyons Aileen Sutton Attachments: Committee Information Sheets Applications ELIGIBLE FOR REAPPOINTMENT Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 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 - President 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 - December 14, 2015 ITEM: 23- 7 - 2 e PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 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, Treasurer 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) Richard E. Lawson First 8/19/15 6/30/18 1916 Hawthorne Road Wilmington, NC 28403 910 - 617 -9660 (H /C) 910 - 254 -3534 (W) Theron Marshall First 5/20/13 6/30/14 5707 Sentinel Court Second 6/16/14 6/30/17 Wilmington, NC 28409 910 - 431 -7425 (H) +U swrc 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, President First 5/20/13 6/30/16 6112 Nettle Circle Wilmington, NC 28405 910 - 399 -5627 (H) 910 - 794 -4870 (W) Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 3 PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 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 10/15 798 -7198 Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS f A 030 0ovemrr oN Cw for "0, Suft 175 . 28 9 CQMMMEE APPLIGATIQN rtraP�na ro1o) �e -7140 FAX (010) 798.7116 BosrwCommi teo: parks Conservancy Name: Cindy L • lRauth E -Mail: flae4172628aol - cam Home Wilmington 29412 Address: 911 Shelton Court Mallinp Address N different: (cry) (Zp Code) Home Phone: Fax; Cslh. 370.9714.6821 Business: Years living In tr Age, 3�New HanoveCoun_ ae— m a p .._ (In ir—Ili n for the PWPaa ofngw ft a emse"WiM of the MWMM NY) Do you haw a famNy member employed by Now Hanover CounlYP N ywrt. name V x.3 , employer_ Q AAA.1. -v`. S_� a.� J!. -^y�/1 A Q1` �r #.W~ °:.,,...., r�,.. ...MI ww.. sh.r�., .e.M— ..,`rsa._ ' K��fMUa, h1W..w.rvww.aM.,►»,Wr , n..n1... «q.kw -d w. a..h.w..,ev e. ddpW. Oaaupwat: Recreation Therapist Profleselonal AcliviOns• V'�'flV'-'Q- CA-4 V9*n(WACtWfla8: Cape Pear performing Arta Center- various duties Within the theatre. Why do you wish to serve on this bomftomm ittes? goldieg a degree in ThesnMutie Rec. from last Carolina Vaiv., 1 reapoot our beautiful Parke mad wh&c they osx.x and wnv%t to p20ee4ve th CoMar or Mlwwr to low s-1 b00#Vv" VOA" MW a @01VW er peer.,► 'Taww d brrr.t one i*w b OHIO► kWwvA ~dwret� bid fi,' wI' as Ww WKW wwAw*U +ice T rn�r�sr � s� eraq� d� � � q " 'rw a ay�roe. pewR w mw+wrrr What emcee of concern would you litre to sea addmand by this 00mm /tt0e? cLeaaing up 6 !.prove our exhieting parks and utilising our local reserves• to create new parks. Qua /iAcatlons for savinp: Dedicate ` hard working with a background in Therapautia Rec- Feation. Other mynicOsl or =MW bQardelcommlHess on which yam are serving: n� pr-"l List three local pa:sonal reremnces and phone numbers: Michael pepper- 910 - 5090699 ` 2. Anne Ya.on- 910.799 -2949 B 0 C C 3. Joey Canady- 910 - 231 -3331 Date: 11 -06 -13 Slp+wtmre am MOP rloea era O° mOBgrd of Commis T, rraY pbaso ueA roverse A* for adddlanal aatl/memte ITE 7 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Center Drive, Stine 175 Telephone, NC 2403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 ; BoardlCommittee: Parks Conservancy of Now Hanvoer County, Inc. Board of Directors Name: Comer Lyons Eai1, lyonsfcBhotmail.com Home Address: 217 Shannon Drive Wilmington, NC 28409 (SM960 (CM +p MR Mailing Address If different: (City) (Zip Code) Home Phone: 910.805.1488 Fax: Cell. Business: Years living in New Hanover County. 1_ Male: ✓ Female: Race: White ,Age, 44 (Infarmabon for the purpose of assuring a cross- section of the communky) Do you have a family member employed by New Hanover County? Nyes, name No Employer. GS &E, Inc. A person curnw* Snrkyed by Me agency or depw& neat ibr whuch Bps q*h0ation is made nest resign hiwW poefon wilt New Hanover Co scoordence W''rh Artide K Sec. 4 of fhe New Hanover County Personnel Polley. Furthemme, app &cent should have no invnedlate f County upon � o t emily rtssrnberarnp/oyed by such agency or Occupation: Civil Engineer & Land Surveyor. Prafessfona/ActvitkW Business Owner, Provide site designs for public/ County approval. VolunteerAcdvides: Coach my children's (12 & 9) recreational basketball teams. Why do you wish to serve on this boardJcommittee? MY families continued use of the County's park system and interest in the public/ green spaces provided and planned for resident use. COMW or hOrvat If board me nber bellevos hoWn has a v*nW or poW" oon*d of unseat on a p ftder hm m, thst rrambsr should state tins belief to the other members of hlatw respective board during a pubft meeting. The member should state the nature of the con1AIct ds W h j that hwbho has a separate, private, or monetary interest, either olnd orind4ed, in the Issue under conodamban. The member should then excuse himsslfib~from voting on tM matter. What areas of concern would you like to see addressed by this committee? Road crossings on the burdgeoning trail system is a ccoplex and ongoing issue, Qualiffcatiana for serving. • 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 boardslcommittees on which you are serving: None . List three local personal references and phone numbers: OTC E I V E 0 1, J.B. Piner 910.279.0848 J' Lt 2. Sean Leggett 910.762,8008 3. Amy Kimes 910.473.5130 Date: 08/03/15 Signature r Appffeadons are kept on file for 18 tnoddw r understand brat Any board or coinngttee a they be removed Please use reverse side for' additkwuii comments w/btotn cause by a unq/orfty of County C oners. Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: Parks Conservancy of New Hanover County Name: Aileen Sutton E4Wail:aileensutton@yahoo.com Home Address: 913 Lord Thomas Rd Wilmington 28405 qo Go de) Mailing Address if different: (City) (zip Code) Home Phone: 713- 702 -7669 Fax: Cell: gam° Business: YMCA Years living in New Hanover County- 3 Male: Female: ✓ Race: White Age: 31 (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. Wilmington Family YMCA 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 :Program Director Professional Activities: Oversee Girls on the Run & STRIDE afterschool running programs a events Volunteer Activities: Cape Fear Womens Rugby player & officer Why do you wish to serve on this boardfcommittee? I have a passion for parks and outdoor recreatic I Wish to give back to the community I live in and to learn more about county committees. Conflict of interest. N 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? Furthering expansion of green ways and recreation access for all residents. Smart planning and building of green areas. Qualifications for serving: Experience as an employee for municipal parks and rec departments. Current NPA student at UNCW. Passion for environmental issues, conservation, and planning. Other municipal or county boards/committees on which you are serving: None at this time. List three local personal references and phone numbers: RECEIVED Amber Rogers 910 - 368 -8111 2 Kettie Norton 860- 575 -0611 N H f. WE C C 3. Dr. Thomas Barth 910 - 465 -0239 Date: 11/25/2015 Signature is � Applications are kept on file for 18 months I understand that any board or committee appointee may be removed Bo rd of Commit'#84iLf�ac ffg &Ki"Pi?, itv &(n9ountyCommissioners. Please use reverse side row additional comments ITEM: 23- 7 - 7 AILEEN SUTTON STRATEGY I LEADERSHIP I PERFORMANCE Phone: 1.713.702.7669 Email aileensutton @yahoo.com Excellent planning, communicating, and organizational skills. Strong interpersonal skills. Team player. Ability to use judgment and discretion in handling various interpersonal situations, Self- directed and able to handle multiple assignments in a timely and complete manner. = Full Event Production Volunteer Recruitment b Delivery of Training Programs Marketing Programs & Special Events AREAS OF EXPERTISE = Market Data Research Logistics /Procurement Executive Assistance Website Development Graphic Design EDUCATION Budgeting & Contracts Database Management Microsoft and Mac Software Packages Multimedia Presentations University of North Carolina - Wilmington - Wilmington, NC - Masters in Public Administration Candidate University of Puget Sound - Tacoma, WA - Bachelors of Arts PROFESSIONAL EXPERIENCE WILMINGTON FAMILY YMCA. WILMINGTON, NC 2013 - Present COMMUNITY OUTREACH COORDINATOR, GIRLS ON THE RUN & STRIDE OF COASTAL CAROLINA 2013 - 2014 COUNCIL DIRECTOR, GIRLS ON THE RUN & STRIDE OF COASTAL CAROLINA JANUARY 2015 - PRESENT Serving 9 counties in Southeastern North Carolina, thisyouth running program is driven by volunteer coaches at local sites. In 2014, the program had over 3,000 participants, 500 volunteer coaches, and 200 teams. Special Event Coordinator: • Planned and carried out eight large special events throughout the year, Developed successful working relationships with local vendors, city /town /road officials, and venue directors. Supported development and fundraising activities, including procurement of local and corporate sponsors for special events. Recruited and trained volunteers for event -day support. = Responsible for event budgets and adherence to competitive bidding process. Program Support and Development: • Established and maintained key contacts with area stakeholders to support, grow and advocate for program • Oversaw department team of 5 staff members. • Recruited, trained and supported over 500 volunteer coaches a year. • Developed and maintained relationships with current and potential sites to hold the program. • Processed registrations and payments and procured and distributed supplies for each program site. • Administered financial aid and scholarship program to over 500 participants. • Generated reports to maintain adherence to program guidelines. CITY OF WILMINGTON. WILMINGTON, NC POOL COORDINATOR seasonally, 2013 & 2014 • Handled human resources' responsibilities including recruitment, training and development of staff • Managed day to day operations including special event and group scheduling at three facilities • Managed a team of 20 seasonal staff and supervisors DE LA TERRE SKINCARE, ASHEVILLE, NC ADMINISTRATIVE ASSISTANT /EXECUTIVE ASSISTANT 2011 -2013 Assisted Corporate Executive Offices performing a wide variety of reception, record keeping and other general office duties including word processing, responding to telephone calls and maintaining files, calendar and coordinating appointments, meetings, and events = Established and maintained Customer Relationship Management (CRM) practices with clients to obtain information for tracking system Contributed to day -to -day marketing activities from concept and research through to implementation Worked with the web team to ensure that marketing programs are accurately reflected on our Web site and that all required lead acquisition components are fully in place Wrote interesting and effective press releases, prepared information for media kits, maintained the organizations website and social media outlets including Twitter and Facebook, and developed and implemented the communications plan Interacted with external clients and vendors on a regular basis, cultivating strong professional relationships Board of Commissioners - December 14, 2015 ITEM: 23- 7 - 8