2011-02-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 127
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 21,
2011, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington,NC.
Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson;
Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the
Board Sheila L. Schuh and County Manager Bruce T. Shell.
Commissioner Ted Davis, Jr. was absent.
Chairman Barfield called the meeting to order and welcomed everyone present.
STATE OF THE COUNTY ADDRESS
Chairman Barfield presented the annual State of the County Address.
A copy of the state of the county address is incorporated as part of the minutes and is contained in Exhibit
Book XXXIV,Page 3.1.
BREAK
Vice-Chairman Thompson called for a break from 6:40 p.m.to 7:15 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Robert Campbell,New Beginning Christian Church,provided the invocation.
Commissioner Catlin led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Hearing no comments, Chairman Barfield called for a motion to approve the items on the Consent Agenda
as presented.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Consent
Agenda as presented. Upon vote,the MOTION CARRIED 4 TO 0.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes as presented by the Clerk to the Board.
Agenda Review meeting held on January 13, 2011
Special Meeting held on January 14, 2011
Regular Session meeting held on January 18,2011
Strategic Planning Session meeting held on January 27 and 28,2011
Approval to Amend Minutes of the Board's May 20,2002 Regular Meeting—Governing Body
The Commissioners approved amending the minutes of the Board's May 20, 2002 Regular Meeting to
correct a clerical error due to the omission of Board action that was discovered concerning the request to amend the
revolving loan program for water and sewer connections and plumbing improvements.
A copy of the amendment is here by incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.2 and Exhibit Book XXVII,Page 20.10.
Adoption of Resolution Approving Additions to the Board's Policy and Procedures for Appointments to
County Boards,Commissions,Committees or Authorities for Clarification Purposes—Governing Body
The Commissioners adopted the resolution approving additions to the Board's Policy and Procedures for
Appointments to County Boards, Commissions, Committees or Authorities for clarification purposes.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.3.
Adoption of State Road Resolution—Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolution
supporting the addition of a portion of Stoneybrook Lane,Hervey Court, Hayfield Court and Bedrock Court located
within Stoneybrook, Middle Point and Baldwin Woods subdivisions in New Hanover County (Division File No.
1166-N).
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.4.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 128
Authorization to Submit a Grant Application to the Department of Corrections Criminal Justice Partnership
Program—Criminal Justice Partnership Board
The Commissioners, at the request of the Criminal Justice Partnership Board, authorized the submission of
a grant application to the Department of Corrections Criminal Justice Partnership Program in the amount of
$161,216. If awarded, the funds will be used for continued funding of the Day Sentencing Program through a
contract with Coastal Horizons. No local match is required.
Adoption of Resolution Authorizing the Sole Source Award to AT&T for the Purchase of Five Positron
VIPER Telephone Consoles—Emergency Management and Public Safety Communications Center
The Commissioners, pursuant to North Carolina General Statute 143-129(c)(6), adopted the resolution
approving the sole source award to AT&T for the purchase of five Positron VIPER Telephone Consoles in the
amount of$154,167.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.5.
Adoption of Resolution Approving the Transfer and Disposal of Surplus Property—Finance Department
The Commissioners, pursuant to North Carolina General Statutes Chapter 160A Article 12, adopted the
resolution approving the transfer of select equipment to the City of Wilmington and approving the sale of additional
surplus equipment electronically using GovDeals or any other method authorized by the General Statutes.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.6.
Approval of First Citizens Bank Declaration of Unincorporated Business for Accounts,Borrowing,and Other
Transactions—Finance Department
The Commissioners authorized the Chairman to sign the First Citizens Bank Declaration of Unincorporated
Business for Accounts, Borrowing, and Other Transactions designating Finance Director Avril M. Pinder and
Assistant Finance Director Barbara M. McClure as authorized signers for the purpose of deposits and miscellaneous
banking relationships with First Citizens Bank.
Authorization to Submit a Healthy Homes Grant Application to the North Carolina Department of
Environment and Natural Resources—Health Department
The Commissioners authorized the Health Department to submit a Healthy Homes grant application to the
North Carolina Department of Environment and Natural Resources in the amount of$50,000. If awarded,the funds
will be used to develop and implement protocols that address maintenance and operation issues which impact indoor
air quality in the home, school and child care centers.No local match is required.
Approval of Correction of Duplicated Ordinance Number from the Board's December 6, 2010 Meeting —
Planning and Inspections Department
The Commissioners approved the correction of a duplicated ordinance number that was approved at their
December 6, 2010 meeting adding Farmers Markets to the Zoning Ordinance (A-389). The change corrects the
ordinance number 72-40 to 72-41.
A copy of the amendment to the Zoning Ordinance is hereby incorporated as part of the minutes and is
contained in Exhibit Book XXXIV,Page 3.7 and Exhibit Book XXXIII,Page 23.9.
Adoption of Resolution Approving the Exchange of Five Used 2009 Harley-Davidson Motorcycles for Five
New 2011 Harley-Davidson Motorcycles and Adoption of Budget Ordinance Amendments 11-146 and 2011-
32— Sheriff's Office
The Commissioners, as allowed under North Carolina General Statute 160A-271, adopted the resolution
approving the exchange of five used 2009 Harley-Davidson motorcycles for five new 2011 Harley-Davidson
motorcycles and adopted Budget Ordinance Amendments 11-146 and 2011-43. The only cost to the County will be
an equipment charge for each of the five motorcycles in the amount of$1,000 each for a total of$5,000;the amount
is included in the Sheriff's budget.
A copy of the resolution and budget ordinance amendments are hereby incorporated as part of the minutes
and are contained in Exhibit Book XXXIV,Page3.8.
Adoption of Resolution Approving the Sale of a 2001 Ford Transport Van to Pender County — Sheriff's
Office
The Commissioners, pursuant to North Carolina General Statute 160A-274, adopted the resolution
approving the sale of a 2001 Ford transport van (VIN #1FTSE34F81HB33893) with a prisoner transport cage to
Pender County in the amount of$5,700.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.9.
Authorization for Sheriff McMahon to Hire a Relative by Blood or Marriage—Sheriff's Office
The Commissioners, pursuant to North Carolina General Statute 153A-103, authorized Sheriff McMahon
to hire a relative,by marriage,for the position of Detention Officer.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 129
Authorization to Transfer Service Side Arms to Retiring Members of the Sheriff's Office or to the Nearest
Relative of a Deceased Member—Sheriff's Office
The Commissioners,pursuant to North Carolina General Statute 20-187.2, authorized the Sheriff to transfer
service side arms to the retiring members of the Sheriff's Office or to the nearest relative of a deceased member.
Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax
Department
The Commissioners accepted the following Tax Collection Reports as of December 31,2010.
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXXIV,Page 3.10.
Approval of Order of Advertisement of 2010 Delinquent Taxes—Tax Department
The Commissioners, pursuant to North Carolina General Statute 105-369, approved the Order of
Advertisement of 2010 Delinquent Taxes for the County of New Hanover, City of Wilmington, Town of Kure
Beach,Town of Wrightsville Beach,Town of Carolina Beach,and the Fire District taxes.
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIV,
Page 3.11.
Approval of New Hanover County Board of Education Capital Outlay Budget Amendments #3 and #4 —
Budget Department
The Commissioners, at the request of the New Hanover County Board of Education, approved Capital
Outlay Budget Amendment #3 transferring $256.72 within the Capital Outlay Fund and Budget Amendment #4
transferring bond project savings within the Capital Outlay Fund to the Gregory and Wrightsboro Roof Projects.
Copies of the New Hanover County Board of Education Capital Outlay Budget Amendments are available
for review in the Budget Department.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2011:
11-136- Social Services
11-144- Social Services
11-165 - Social Services
11-141 -Fire Services
11-153 -Finance
2011-33 -Finance
11-159-Health
11-167-Emergency Management
11-143 - Sheriff's Office
2011-30- Sheriff's Office
2011-31 - Sheriff's Office
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIV,Page 3.12.
REGULAR ITEMS OF BUSINESS
PUBLIC HEARING AND APPROVAL OF REQUEST BY CLAUD O'SHIELDS, ON BEHALF OF
LIBERTY BAPTIST CHURCH, TO REZONE APPROXIMATELY 3.0 ACRES OF PROPERTY
LOCATED IN THE 7000 BLOCK OF MARKET STREET FROM R-15 RESIDENTIAL TO O&I OFFICE
AND INSTITUTIONAL DISTRICT(Z-909,01/11)
Chairman Barfield opened the Public Hearing and requested staff to make the presentation.
Planner Nicole Dreibelbis presented the request by Claud O'Shields, on behalf of Liberty Baptist Church,
to rezone approximately 3 acres of property located at in the 7000 block of Market Street from R-15 Residential to
O&I Office and Institutional District and presented a slide overview of the request.
There are two parcels, currently zoned R-15, which are part of the request and both are owned by Liberty
Baptist Church. The 1.42 acre property is accessed from Market Street, an urban principle arterial roadway, Bump
Along Road, a local street which intersects with Market Street, and Raintree Road, a local street primarily serving
Brickstone Estates Subdivision. The interior 1.6 acre parcel is accessed from Bump Along Road and Raintree Road.
Traffic counts on Market Street, slightly north of the proposal,between Sweetwater Drive and Market Street, have
decreased from 38,689 (2009) to 34,850 (2010). No counts or levels of service are available for the local streets.
Market Street has a 2007 Level of Service F, meaning traffic counts exceed the capacity of the roadway by a
multiplier of two or more.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 130
Zoning immediately south and west is a continuation of the R-15, medium density residential. East, across
Market Street is commercial property. North of the subject property across Bump Along Road is an existing office
and institutional zoning district where Liberty Baptist Church is situated. The district continues northward along
Market Street to the intersection of Mendenhall Drive. Therefore the request to rezone would expand the current
office and institutional district boundaries. A traffic impact analysis will be required for any development that
generates more than 100 peak hour trips.
Staff feels the request for the parcel fronting Market Street is consistent with the 2006 CAMA Land Use
Plan. Access to the internal parcel makes it less clearly consistent but may be construed to be reasonable in that the
access from Bump Along Road will not directly impact residential properties further west. Access from Raintree
Drive through the Brickstone Subdivision will be limited since the right of way has not been paved between these
two parcels. Therefore, staff recommends approval.
At the Planning Board's January 6, 2011 meeting they voted 7-0 to recommend approval of the O&I,
Office and Institutional District rezoning. One adjacent residential property owner, north of the site, spoke to the
Planning Board about the permitted land uses and road improvements.
Chairman Barfield requested a motion to open the Public Hearing.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to open the Public Hearing.
Upon vote,the MOTION CARRIED 4 TO 0.
Reporting that no one had signed up to speak at the Public Hearing, Chairman Barfield requested a motion
to close the Public Hearing.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to close the Public hearing.
Upon vote,the MOTION CARRIED 4 TO 0.
The petitioner, Claud O'Shields, on behalf of Liberty Baptist Church, presented a brief highlight of the
request confirming that he wished to proceed with the Board's decision.
In response to Board questions Planning Director Chris O'Keefe confirmed that the request is largely
consistent with the proposed Market Street Corridor Plan.
Hearing no further comments, Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by
Claud O'Shields, on behalf of Liberty Baptist Church, to rezone approximately 3.0 acres of property located in the
7000 block of Market Street from R-15 Residential to O&I Office and Institutional District finding that the request
is consistent with the purposes and intent of Policies in the 2006 CAMA Land Use Plan relating to the designation
of sufficient land area and suitable locations for the various land use types. Upon vote, the MOTION CARRIED 4
TO 0.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by
Claud O'Shields, on behalf of Liberty Baptist Church, to rezone approximately 3.0 acres of property located in the
7000 block of Market Street from R-15 Residential to O&I Office and Institutional District finding that the request
is reasonable and in the public interest to rezone 3.00 acres identified as the 7000 block of Market Street, Parcels
R03600-003-042-004 and R03600-003-042-005 from R-15 Residential to O&I Office and Institutional to allow a
transition of land use from a medium density residential district along an arterial roadway to O&I Office and
Institutional. Upon vote,the MOTION CARRIED 4 TO 0.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 813,Page 70.
NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE ANNUAL
UPDATE
New Hanover County Adult Care Home Community Advisory Committee Chairman Martha H. Stein
provided the annual report for the Adult Care Home Community Advisory Committee highlighting the purpose of
the committee is to visit the adult care homes quarterly, promote the well-being of residents and encourage
community involvement. While conducting their visits they talk one-on-one with as many residents as possible and
attempt to build a relationship with them. At the end of the visit they meet with the administrator and address any
concerns. A written report is submitted to the Ombudsman for follow-up.
On behalf of the Board, Chairman Barfield thanked Ms. Stein for the update and for their service to the
residents of the County.
NEW HANOVER COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE ANNUAL
UPDATE
New Hanover County Nursing Home Community Advisory Committee Chairman John E. Brett provided
the annual report for the Nursing Home Community Advisory Committee highlighting that the purpose of the
committee is to be aware of the general conditions of the homes and work in the best interests of the persons in the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 131
homes. This may include assisting persons who have grievances with the home and facilitating the resolution of
grievances at the local level. Each committee member is required to make quarterly visits to the nursing home it
serves, and more often than quarterly, if it is necessary to carry out the stated duties.
On behalf of the Board, Chairman Barfield thanked Mr. Brett for the update and for their service to the
residents of New Hanover County.
ADOPTION OF RESOLUTION AWARDING THE BID FOR A RECORDING SYSTEM TO APTITUDE
SOLUTIONS AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-157
Register of Deeds Jennifer H. MacNeish presented the request for the Board's consideration to adopt the
resolution awarding the bid for a recording system to Aptitude Solutions for the Register of Deeds Office in the
amount of$315,144 and annual maintenance in the amount of$53,980 and adopt Budget Ordinance Amendment
11-157. Determination of staff was made that Aptitude Solutions would be the best fit primarily due to the existing
customer base in North Carolina and the fact that Aptitude Solutions was the lowest bidder for a turn-key solution.
The project is being funded through the Automated Enhancement Preservation Fund. North Carolina General
Statute 143-129.8 requires that each County establish this fund for the use of the Register of Deeds in funding
technology projects for their office;these funds are unable to be used for any other purpose.
Staff is requesting the Board adopt the resolution and budget ordinance amendment.
Chairman Barfield requested direction from the Board.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to adopt the resolution awarding the
bid for a recording system to Aptitude Solutions and adopt Budget Ordinance Amendment 11-157 as presented.
Upon vote,the MOTION CARRIED 4 TO 0.
A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes
and is contained in Exhibit Book XXXIV,Page 3.13.
ADOPTION OF RESOLUTION APPROVING THE PROPERTY TITLE TRANSFER FOR 429 SHARON
ROAD TO THE CITY OF WILMINGTON FOR STORMWATER AND WATER QUALITY
IMPROVEMENTS
Planning Director Chris O'Keefe presented the request for the Board's consideration to adopt the resolution
approving the property title transfer for 429 Sharon Road to the City of Wilmington for stormwater and water
quality improvements for Hewletts Creek.
New Hanover County purchased the Sharon Road property, which falls within the Hewletts Creek
watershed, with Hazard Mitigation Funds following Hurricane Floyd. Staff has been working with City of
Wilmington's Stormwater Services Department staff to identify solutions to stormwater problems that will also
improve the quality of water flowing into our tidal creeks. The City of Wilmington Stormwater Services
Department has developed a project which would utilize the property to expand flood plain capacity and improve the
quality of runoff flowing into Hewletts Creek. In order to complete this project FEMA must approve the request to
build the desired improvements and a transfer of title is required as part of this request.
Chairman Barfield requested direction from the Board.
In response to Board questions, City of Wilmington Stormwater Services Division Manager Dave Mayes
reported that the project plan is to return the land back to its natural marshland condition.
Commissioner Catlin read the resolution into the record and moved for adoption.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to adopt the resolution approving
the property title transfer for 429 Sharon Road to the City of Wilmington for stormwater and water quality
improvements for Hewletts Creek. Upon vote,the MOTION CARRIED 4 TO 0.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 3.14.
AUTHORIZATION TO SUBMIT APPLICATION TO THE NORTH CAROLINA HEALTH AND
WELLNESS TRUST FUND FOR THE FIT COMMUNITIES DESIGNATION
Parks, Gardens and Senior Resources Director Jim McDaniel presented the request for the Board's
consideration to submit an application to the North Carolina Health and Wellness Trust Fund for the Fit
Communities designation. This designation initiative promotes a holistic, community-based approach in order to
help address obesity in North Carolina. Designation awards recognize municipalities and counties that currently
excel in supporting physical activity, healthy eating and tobacco prevention in the community, schools and
workplaces. There is no cost to the County for the designation.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the submission of
the Fit Communities designation application to the North Carolina Health and Wellness Trust Fund as presented.
Upon vote,the MOTION CARRIED 4 TO 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 132
AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE KATE B. REYNOLDS
FOUNDATION
Health Director Dave Rice presented the request for the Board's consideration to authorize the Health
Department to submit a grant application to the Kate B. Reynolds Foundation for a two-year grant in the amount of
$218,000. If awarded, the funds will be used to fund a full-time dietitian and part-time support staff, as well as
operating expenses. The Health Department is in the process of getting certified to provide diabetes self-
management classes under the American Diabetes Association. Once certification is received, staff will be able to
bill/charge for these services. Staff anticipates the revenue stream will be sufficient to sustain the program once
grant funding is exhausted. No local match is required.
In response to Board questions, Director Rice reported that in the past year the Health Department has
received approximately$2 million in grant funds.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to authorize the Health
Department to submit a grant application to the Kate B. Reynolds Foundation for a two-year grant in the amount of
$218,000 as presented. Upon vote,the MOTION CARRIED 4 TO 0.
Chairman Barfield turned the gavel over to Vice-Chairman Thompson at 8:04 p.m.; Chairman Barfield
returned to the meeting at 8:06 p.m.
ADOPTION OF RESOLUTION AWARDING SERVER VIRTUALIZATION UPGRADE BID TO TEAM
IA,INC.
Information Technology Director Leslie Stanfield presented the request for the Board's consideration to
upgrade the County's server virtualization project.
Proposals were received in response to the Request for Proposals for the County's Server Virtualization
Upgrade Project. All proposals received came in well over the project budget of$100,000. Staff made a few
clarifications and asked the vendors to resubmit their proposals. The revised proposals were reviewed and evaluated
based on established criteria. The top five firms were given an opportunity to present their solution to staff. Team
IA, Inc. of Wilmington was selected as the vendor capable of providing the best solution to the County.
Staff is requesting the Board adopt the resolution awarding the bid to Team IA, Inc. of Wilmington for
Server Virtualization Upgrade Project.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the resolution awarding
the bid to Team IA, Inc. of Wilmington for the County's Server Virtualization Upgrade Project as presented. Upon
vote,the MOTION CARRIED 3 TO 0. Chairman Barfield was absent for the vote.
A copy of the resolution is incorporated as part of the minutes and is contained in Exhibit Book XXXIV,
Page 3.15.
COMMITTEE APPOINTMENTS
Appointments to the Adult Care Home Community Advisory Committee
Chairman Barfield reported that up to six vacancies exist on the Adult Care Home Community Advisory
Committee with one applicant eligible for reappointment and three applications available for Board consideration.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to reappoint Harvey C. Hutchison
to a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on February
28, 2014 and appoint Melissa A. Pollock, Cameron M. Stone, and Glenda M. Tate to one-year terms on the Adult
Care Home Community Advisory Committee with the terms to expire on February 28, 2012. Upon vote, the
MOTION CARRIED 4 TO 0.
Appointment to the Plumbing Board of Examiners
Chairman Barfield reported that one vacancy exists on the Plumbing Board of Examiners in the Master
Plumber category with one applicant available for Board consideration.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to appoint David Woodbury
to the Plumbing Board of Examiners in the Master Plumber category to a three-year term with the term to expire on
December 1,2013. Upon vote,the MOTION CARRIED 4 TO 0.
Appointments to the Port,Waterway,and Beach Commission
Chairman Barfield reported that two vacancies exist on the Port, Waterway, and Beach Commission with
four applications available for Board consideration.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to appoint Lara Landgraf in
the Shipping, Commerce, and Finance category and Paul Woodbury in the Environmental Concerns category to
serve three-year terms on the Port, Waterway, and Beach Commission with the terms to expire on February 28,
2014. Upon vote,the MOTION CARRIED 4 TO 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 133
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Barfield announced that time had been reserved to allow the public to present an item that was
not listed on the regular agenda and requested that speakers limit their comments to three minutes.
Dr. Fred Opper, 1515 Doctors Circle, stated his opposition to the Titan Cement plant highlighting his
concern of the potential adverse health risks to the public. He urged the Board to use all the resources available to
them,including convincing the Governor to stop Titan from steam rolling through the permitting process.
Dr. Bill Buchanan, 2156 Shipyard Boulevard, stated his opposition to the Titan Cement plant due to
potential serious cardiac risks to the community.
Dr. John Sanders, 2310 Delaney Avenue, voiced his concern about the health of the community and the
potential increased illness and deaths from heart attacks from particulate emissions.
Dr. Ed Horger, 1606 Wellington Avenue, voiced his concern on the adverse health effects the Titan Plant
emissions will have on the children in our community.
Laura Triece, 4913 Crosswinds Drive,voiced her concern how the reevaluation will have a negative impact
on the community and requested the Board start cutting spending and not raise taxes.
Ben McCoy, 4240 Wilshire Blvd, voiced his concern on the publically funded $334,000 salary that is
received by Eric McKeithan,President of Cape Fear Community College; approximately$156,000 of this amount is
awarded by the Cape Fear Community College Board of Trustees with County dollars.
Tracey Bruno, 435 Wendover Lane, stated that she works with special needs children and voiced her
concern that the mercury impact from the proposed Titan Cement plant will have adverse effects on the children in
our community. She requested the Board request the Governor to conduct a full impact study and withhold air
permits until the non-attainment issue is resolved.
In response to Titan Cement plant concerns, Chairman Barfield stated that he is a strong opponent of Titan
locating in our community and is in the process of working with Mike Giles and Tracy Skrabal to draft another letter
to the Governor requesting that permits be withheld until a full review has been conducted on possible adverse
effects to the community.
In response to Titan Cement plant concerns, Commissioner Catlin stated that he understands and respects
the concerns and urged those with concerns to file a health-based petition with the State Health Commission,who in
turn, are required to respond. At the local level, he is working on a draft letter to the Governor concerning sulfur
dioxide emissions.
In response to Titan Cement plant concerns, Vice-Chairman Thompson stated that although the current
Board may sympathize with the concerns, a letter to the Governor from the Board would be ceremonial at best since
the Governor does not have the legal authority to stop permits if State requirements are met;in response to spending
cuts,he reported that in the past two year period nearly$50 million has been cut from the County's budget.
In response to citizens' comments, Commissioner Berger stated that he shares the concerns voiced about
the Titan Cement plant and the impact the reevaluation will have on the lower and middle-lower income citizens.
ADDITIONAL AGENDA ITEMS
AUTHORIZATION FOR NEW HANOVER COUNTY TO SERVE AS THE APPLICANT AGENCY FOR
THE BRIGADE BOYS AND GIRLS CLUB TO SUBMIT A GRANT APPLICATION TO THE NORTH
CAROLINA DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Finance Director Avril Pinder presented the request for the Board's consideration to authorize the County
to serve as the applicant agency for the Brigade Boys and Girls Club to submit a grant application to the North
Carolina Department of Juvenile Justice and Delinquency Prevention in the amount of$75,000. The county will
serve as the pass-through agency for the funding. If awarded, the funds will be used to provide
prevention/intervention services to at-risk youth.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to authorize the Brigade
Boys and Girls Club to submit a grant application to the North Carolina Department of Juvenile Justice and
Delinquency Prevention in the amount of$75,000 with the County serving as the pass-through agency as presented.
Upon vote,the MOTION CARRIED 4 TO 0.
SULFUR DIOXIDE EMISSIONS NON-ATTAINMENT DESIGNATION UPDATE AND DIRECTION TO
STAFF
Commissioner Catlin reported that he attended a meeting with staff from the North Carolina Division of
Air Quality concerning the Environmental Protection Agency's June 2010 establishment of new ambient air quality
standard for sulfur dioxide. New Hanover County's ambient air concentration for sulfur dioxide exceeds the new
standard. The North Carolina Division of Air Quality has until June of 2011 to recommend to the EPA the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,FEBRUARY 21,2011 PAGE 134
geographic boundaries for non-attainment designation; the EPA's past practice has been to describe non-attainment
boundaries along county lines.
In response to the meeting, Commissioner Catlin suggested three strategies in addressing the non-
attainment designation:
• Continue working with the North Carolina Division of Air Quality to avoid designation;and
• Work to change the non-attainment boundaries from along county lines to township lines to minimize
the area of potential non-attainment designation;and
• Perform our own air monitoring before the June 2, 2011 deadline to submit to the North Carolina
Division of Air Quality for consideration prior to final designation by the EPA.
Commissioner Catlin offered the following motion:
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to direct staff to develop a monitoring
scope and cost estimate and recommend a service contractor to perform the monitoring for the Board's consideration
at their March 14, 2011 meeting and direct County Manager Bruce Shell to pursue commitments from our industrial
partners to share in the cost as fellow beneficiaries of this information.
In response to the motion, Vice-Chairman Thompson reported that he is also in the process of gathering
information on this issue. It is his understanding that the EPA requires five years of data, therefore, ninety days of
monitoring might be a waste of funds but since the motion is to allow staff time to gather information and do due
diligence before the Board considers the information at their March 14,2011 meeting,he will support the motion.
Chairman Barfield called for a vote on the motion.
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to direct staff to develop a monitoring
scope and cost estimate and recommend a service contractor to perform the monitoring for the Board's consideration
at their March 14, 2011 meeting and direct County Manager Bruce Shell to pursue commitments from our industrial
partners to share in the cost as fellow beneficiaries of this information. Upon vote, the MOTION CARRIED 4 TO
0.
ADJOURNMENT
There being no further business, Chairman Barfield requested a motion to adjourn the meeting.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to adjourn the meeting. Upon
vote,the MOTION CARRIED 4 TO 0.
Chairman Barfield adjourned the meeting at 8:53 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries and
on www.nhcgov.com/NHCLive or www.nhcgov.com paQes.BOC/asps