ROCKINGHAM A ARCEN CITY LOOKING FORWARD CITY COUNCIL AGENDA October 11, 2016 7:30 p.m.  1. 2. 3. 4.  Opening of meeting by Mayor Steve Morris.  Invocation by Reverend Robby Stewart, Pastor of Crestview Baptist  Church.  Amendments and Changes to Agenda.  Consent Agenda:  A.  Disposition of the minutes of the September 13, 2016 Regular  Council meeting.  B. Tax Collector's Report. (See Pages 4-7)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of September 30, 2016. 1.) Refunds per County Assessor's Office. 2.) Discovery bills added to Tax Scroll. 3.) Releases per County Assessor's Office. Minutes of various boards. (Enclosed separately)  Action Items:  C.  5.  Business by Planning Board. A. Set Public Hearing. B. Hold Public Hearing.  UDO Text Amendment: Hold public hearing for an amendment to Section 3.05 and Section 15.01 of the UDO to make the standards for and definition of family care homes consistent with the requirements set forth in NCSG 168.21 and 168.22 (See Pages 8-11)  C. Minutes from Various Boards  514 Rockingham Road, Rockingham, NC 28379 * Phone -1- 5 9088 Fax (910) 997 6617 www.goroetngham.cem    City Council Agenda October 11, 2016 Page 2  6. Consideration of any changes to date and/or scheduling of November  Council Meeting. 7. Business by' Visitors. 8. Business by City Clerk. 9. Business by City Manager. 10. Business by City Attorney. 12. Business by Mayor. 13. Adjournment  11. Items of discussion by City Council Members.  -2-    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  3-    8 -  6 8  2N  4-    UNCOLLECTED TAXES  YEAR 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006  AMOUNT 2,173,613.61 40,932.11 24,397.09 21,465.46 16,253.75 15,005.19 11,627.45 9,975.09 8,599.62 5,077.02 4,060.15  September 2016  2,173,613.61 157,392.93 2,331,006.54  Total Current Year Total Past Years Total All Years  -5-    o  8 8 88 08  8 88  8 8  3 5  6-    s  0 D 5 DE de 9  S 3  a  e 5  6 0  8 0 00 0  2 - 6 B E a a  a  16  6 DD 15 0 8 E  8 a A a E a  5    Staff Report to Planning and Zoning Board  Agenda Item: V.A September 6, 2016 Issue:  UDO Text Amendment: City staff has drafted an amendment to Section 3.05 and Section 15.01 of the UDO to make the standards for and definition of family care homes consistent with the requirements set  forth in NCGS 168.21 and 168.22.  Background:  City staff recently received an inquiry regarding potential locations for a family care home (referred to as ag group care home in the City's UDO = the terms are generally used interchangeably). In reviewing the regulations for family care homes set forth in the City's UDO, City staff found an inconsistency with standards set forth for such use in NCGS 168.21 and 168.22. More specifically, the term is defined incorrectly in the City's UDO. Thus, City staff has initiated the proposed text amendment to resolve this  issue.  Staff Comments:  1. A copy of the proposed amendment is included in the agenda packet for the Board's review. Also 2. Part of the proposed amendment includes changing all references oft the term "group care homes" to "family care home" in order to be consistent with language in the general statutes and reduce any 3. The maximum number of residents allowed as part of the family care home is incorrect in the City's UDO. The definition for "family care homes" set forth in NCGS 168.21 limits facilities to "not more than six resident persons". The definition set forth in Section 15.01 of the City's UDO sets the number of residents in the home at "six or more". The proposed amendment will replace the current definition in Section 15.01 of the City's UDO with the definition in NCGS 168.21. 4. Itis important to note that, in regards to the change in permissible number of residents, any facility of this nature that houses more than six residents will be classified as a "handicapped or infirmed home" as defined in Section 15.01 and has more limitations on potential locations as set forth in 5. As set forth in NCGS 168.22, "family care homes" must be allowed as a permitted use in all residential zones. It is open for debate as to whether the City's UDO is compliant. Family care homes are a permitted use in the R-20, R-12, R-9, R-8, R-7, and R-7A zones, which is all. the City's "residential districts" as defined in Section 3.01 of the City UDO. However, the City's 0-I, B-2, and B-3 zones also allow certain types of residential uses, SO the question becomes whether these nonresidential districts should be considered "residential districts" for the purpose of compliance with 6. Inthe opinion of City staff, there is not a rational argument for not allowing family care homes in some nonresidential zones. If the nature and character for such use is considered appropriate for inclusion in all residential zones, then it should also be appropriate in certain nonresidential zones. (The City of Charlotte, for example, allows such use in some nonresidential districts and increases the maximum number of permitted residents to no more than ten in those districts.) There are numerous nonconforming single-family dwellings in commercial zones (B-1, B-2, B-3, and 0-I)  included is a copy of NCGS 168.21 and 168.22 for the Board's reference.  confusion.  Section 3.05.  NCGS 166.22.  -10-    throughout the City's jurisdiction that would conceivably be an appropriate location for a family care  home.  Staff Recommendation:  City staff recommends the Board review the proposed amendment and recommend the City Council  amend Section 3.05 and Section 15.01 as proposed.  Planning Board Recommendation: unanimously the City Council adopted it as proposed.  The Planning Board reviewed the proposed amendment on September 6, 2016 and recommended  -11-    Article 15: Definitions  Section 15.01: Basic Terms Defined  Unless otherwise specifically provided or clearly required by the context, the words and phrases defined in  this Article shall have the meaning indicated when used int this Ordinance.  Insert the following definition:  Family Care Home: (may also be referred to as "Group Care Home") 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 resident persons with disabilities. For the purpose of this definition, "person with disabilities" shall be defined as 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 NCGS 122C-3(11)b.  Delete the following definition:  Group care home: A facility for six (6) or more children, adolescents or adults who have mental disabilities, emotional problems or who lack social maturity and who, for various reasons, cannot reside with their natural parents. Adult care is provided as well as a program of service and protective  supervision in a home setting.  -8-    City of Rockingham, North Carolina  Unified Development Ordinance Article3 3: Usel Regulations  USETABLE Residential Districts  P= permitted by right P*= permitted subjectt tos standards C= conditional use permit required  Nonresidential Districts  a C C P  USE CATEGORY Household (continued)  SPECIFIC USE Large-scale multi-family (more than one! building orr more than six units Living Manufactured home park Upper-story residence Senior cottage residential development Security or caretaker quarters Family care home Group care-home Intermediate care home Halfway house Handicapped ori infirmed homes C Nursing care home Child care home Community center Library, museum, artg gallery, art center Religious institutions Homeless Shelters and Soup Kitchens Adult day care facility In-home child day care (threed or less children asr minor home Family child day care (four tos six children asr major home occupation) Child day care center Primary ors secondary school (public orp private) Trade or vocational school  5 2 A o Notes 5.15 5.14 5.25  C C C C  C C C C C C  P P P  P P P P P P P P P P  C C C C C  C P C P C P C P C C P  Group Living  PUBLIC, CIVIC, AND INSTITUTIONAL  C C P P P P C P P P P  Community Service Civic and fraternal organizations C ccc C C P P P P P P  P P PI P P P P P P P P P  C  C  cc C P P P P  P* P* P* P* P* P* P* P* P* P* P* P* P* 5.11 C C C C C C C C C C C C C 5.10  Day Care occupations)  C C C C C C P P P P C C C C C C P P P P  Educational College or university Facilities  P P  P P P P P  Page 3-5    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  -12-    S  -13-        ROCKINGHAM A CITY LOOKING FORWARD  SEEKENN  ERES  To: From: Date: Subject:  Monty Crump, City Manager Dave Davis, Recreation Director October 4, 2016 Activity Report  The following is an update on activities involving our Parks and Recreation Department this  month.  Youth Soccer - To date this program has experienced outstanding weather conditions and league and Browder Park- - The new bleachers have arrived and been installed thus providing a nice finishing touch to the gymnasium renovation begun last year. Pictures can be viewed on our Facebook page at  tournament schedules are on track to be completed the week of October 17th.  City of Rockingham Parks and Recreation.  Youth Volleyball - Registration continues for this program through October 17th.  Youth Basketball - Preparation for this program has already begun with registration beginning Halloween Trunk-or-Treat" - Plans are coming together for our eleventh annual Truck-or-Treat" Monday, October 31st. Last year's event was very successful and we anticipate and hope for a similar Hinson Lake This facility recently hosted an ultra-marathon race that has become an annual event for many of these long distance runners. Almost 350 participants from as many as seven states were  Monday, October 24th and concluding Monday, November 21st.  result this year.  represented and seemed to thoroughly enjoy the beauty this facility offers.  514 Rockingham Road, Rockingham, NC 28379 Phon -15- 5 9088 Fax (910)997 6617 www.gorockingham.com    FIRE CHIEF HAROLD! ISLER ADMIN.ASST. KRISTYPLAYER  ASST.CHIEF DAVIDMULLIS CAPTAIN VICMCCASKILL  September-16  We are pleased tos submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of September 2016.  Total Alarms: Turn In Alarms: Wrecks: Service Call: Power line down: 4 Cooking fire: Electrical:  66 1 27 3 2 1  In Town: Silent Alarms: Alarm Malf: Vehicle fire: Ilegal Burn: Co detector: Smoke/odor removal:  66 65 16 1 0 2 1  Out ofTown: Structure: Good Intent: Trash/outside fire: 1 Gas Leak/Spill: Assist Police: Mutual aid:  0 1 Z 0 0 0  Hours Spent on Calls: 16 hours 24 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Saved:  $1,067,000.00 $70,000.00 $997,000.00  During the month of September full time members of the fire department averaged 39training hours  per person; part-paid members averaged 61 hours per person for the month.  Public Life & Safety: -Installed 7 car seats -Sparky visited Lowes for kids day Respectfully Submitted, Kecd Fire Chief Haroid Isler  --Mt. Olive Child preschooll kids had a visit tour of the station with 25 kids  -Spraky visited West Rockingham School for a good behavioral day with the special needs class  -16-  231 S. LAWRENCE ST. ROCKINGRAm, INC 28379 I 910-997-4002    ROCKINGHAM A am LOOKINO FORWARD  Rockingham Police Department  W.D. Kelly, ChiefofPolice  To: Monty Crump /From: W. D. Kelly Chief of Police Date: October 4, 2016 Ref: September Activity Report  On behalf of the Rockingham Police Department, I am pleased to submit this report for your consideration. The following activities have been undertaken by officers of the Rockingham Police Department.  Total Calls for the Month: Animal Control Calls: Alarm Calls Escorts: Unlock Vehicles: Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  1424 62 118 86 102  16 71 4 3 88 70  Accidents eported/Investyated: Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged Items of Interest:  59 9 40 230  Our officers are gearing up for a fun filled and candy coated Trunk or Treat. It should be a ghoulish experience for all. We hope to see everyone there....  311 E.. Franklin Street, Rockingham, N.C. 28379 Phone 17- -2468. Fax (910) 895-08991 wwgorocinglampdcom