2011-04-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 168
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, April 18, 2011, at
9:00 a.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 Ted Davis, Jr.; Commissioner Richard G. Catlin; County Attorney Wanda M. Copley; Clerk to the
Board Sheila L. Schuh and County Manager Bruce T. Shell.
Chairman Barfield called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Donnie Lovette, Calvary Baptist Church,provided the invocation.
Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag.
Commissioner Berger arrived at 9:05 a.m.
APPROVAL OF CONSENT AGENDA
Chairman Barfield requested that additional Regular Agenda Item 14 — Consideration of The Good
Shepherd Fund Grant Award for Sheriff's Office to Support Drug Awareness Resistance Education program
be added to the Consent Agenda.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson,to add Regular Agenda Item 14
to the Consent Agenda — Consideration of The Good Shepherd Fund Grant Award for Sheriff's Office to
Support Drug Awareness Resistance Education program. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Barfield asked if any member of the Board would like to remove or discuss any other 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 UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the following minutes as presented by the Clerk to the Board:
Agenda Review Meeting held on March 31, 2011
Closed Session Meeting held on March 31,2011
Regular Meeting held on April 4, 2011
Adoption of Proclamation Recognizing April 27, 2011 as Speech and Language Day for the Ritecare® Clinics
of the Scottish Rite Masons—Governing Body
The Commissioners adopted the proclamation recognizing April 27, 2011 as the Speech and Language
Day for the Ritecare®Clinics of the Scottish Rite.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 6.1.
Adoption of Resolution Awarding Bid 11-0266 to DPS Electrical Contractors,Inc. for a Generator for Trask
Elementary School—Emergency Management
The Commissioners,pursuant to North Carolina General Statutes 143-129,adopted the resolution awarding
Bid 11-0266 to DPS Electrical Contractors, Inc. in the amount of$290,195 for the purchase and installation of a
stand-by generator for Trask Elementary School.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 6.2.
Ratification and Acceptance of Grant Award from the North Carolina Healthy Schools for Parents Matter
Program and Adoption of Budget Ordinance Amendment 11-214—Health Department
The Commissioners, on behalf of the Health Department, ratified the grant submission and accepted grant
funds from the North Carolina Healthy Schools for the Parents Matter program in the amount of $2,300 and
adopted Budget Ordinance Amendment 11-214. The funds will be used to provide incentives, snacks, handbooks,
and literature for at least fifteen participants. No local match is required.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIV,Page 6.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 169
Authorization to Submit a Letter of Intent to the Cape Fear Memorial Foundation for Funds to Continue the
Care Coordination for Children Program—Health Department
The Commissioners authorized the Health Department to submit a Letter of Intent to the Cape Fear
Memorial Foundation in the amount of $81,000. If accepted the full application will be due in July 2011. If
awarded, the funds will be used to continue providing family counseling to high-risk families through the Care
Coordination for Children program. No local match is required to submit the letter or grant application.
Adoption of Resolution of Intent to Close an Unnamed Road near the 8500 Block of Bald Eagle Lane —
Planning Department
The Commissioners, pursuant to North Carolina General Statute 153A-241, adopted the Resolution of
Intent to close an unnamed road near the 8500 Block of Bald Eagle Lane(SC-89,3/11). The required public hearing
will be held at the Board's meeting on June 6,2011.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 6.4.
Acceptance of The Good Shepherd Fund Grant Award to Support the Drug Awareness Resistance Education
Program and Adoption of Budget Ordinance Amendment 11-225—Sheriffs Office
The Commissioners accepted grant funds from The Good Shepherd in the amount of$1,900 and adopted
Budget Ordinance Amendment 11-225. The funds will be used to purchase supplies, meals and transportation for
the Drug Awareness Resistance Education program.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIV,Page 6.5.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2011:
11-215 -Health
11-216-Health
11-218-Finance
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIV,Page 6.6.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT AWARDS
County Manager Shell requested the following retired employees to step forward to receive their award:
Kenneth Bradley— 15 Years of Service, Sheriffs Office
Lynn Davis— 11 Years of Service, Sheriffs Office
On behalf of the Board, Chairman Barfield presented a retirement award to each employee, expressed
appreciation,and thanked them for their years of dedicated service.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager Shell requested the following employees to step forward to receive service awards:
Five Year: Macio Carlton,Tax Department
Timothy Jewell, Sheriffs Office
Steve Konieczny, Information Technology
Bette Willis,Youth Empowerment Services
Ten Year: Chiquita Gooding-Register, Social Services
Ruth Haas,Museum
Angela King, Social Services
Panza McNeil,Health Department
Edward Stephens, Sheriffs Office
Jeffrey Suggs,Health Department
Catherine Wahnefried,Library
Linda Wright,Health Department
Fifteen Year: Wanda Alverson,Planning/Inspections
Kenneth Bradley, Sheriffs Office
Gregory Kennedy,Parks/Gardens/SRC
Victoria McAniff, Social Services
Phyllis Smith,Library
Twenty Year: Christine McNamee, Social Services
Preston Waddell,Property Management
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 170
Twenty-Five Year: Sherian Davis, Sheriff's Office
Kenda Rodenberg, Social Services
Thirty Year: Betty Bennett,Health Department
On behalf of the Board, Chairman Barfield presented a service award to each employee, expressed
appreciation,and thanked them for their years of dedicated service.
RECOGNITION OF NEW EMPLOYEES
County Manager Shell requested the following new employees to stand and be introduced:
Becky Hannel,Tax Department
Pamela Robbins,Health Department
Joshua Swift,Health Department
Donna Tartt,Department of Social Services
On behalf of the Board, Chairman Barfield welcomed the employees to County Government and wished
them success in their new positions.
PRESENTATION ON SULFUR DIOXIDE STANDARD AND NONATTAINMENT DESIGNATION
PROCESS AND RECEIPT OF PUBLIC COMMENT
Assistant County Manager Chris Coudriet reported that the County has until April 30, 2011 to submit
comments to the Governor on the nonattainment boundary recommendations and introduced North Carolina
Department of Environment and Natural Resources Air Quality Division Regional Supervisor Brad Newland and
requested he present information on sulfur dioxide standard and the nonattainment designation process:
• Sulfur Dioxide (SO2)is a criteria pollutant specified in the Clean Air Act and is a pungent gas that is
unhealthy to breathe.
• High levels of SOz can cause or worsen respiratory ailments and aggravate existing heart disease.
• Children,the elderly and other sensitive groups are most affected by exposures to high levels of SO2.
• High levels can damage vegetation and materials such as buildings.
• High levels can contribute to the formation of particle pollution and acid rain.
• New scientific studies provide stronger evidence for links between short-term high level SO2
exposures,ranging from 5 minutes to 24 hours,and adverse respiratory outcomes.
• On June 2, 2010,the Environmental Protection Agency changed the standard to a 1-hour of 75 ppb.
• The Clean Air Act requires States to submit nonattainment boundary recommendations within one year
after the standard is set.
• The EPA will respond back to state with their recommendations.
• States can provide additional data to support their recommendations if different from EPA.
• EPA makes final designations and does not have to follow state recommendations.
• Nonattainment label reflects that the air quality does not meet the standard and will require the State to
demonstrate how the nonattainment areas will meet the standards and will require a new source review
on new major industrial sources and major modifications on existing sources.
• A nonattainment boundary should contain the area violating the standard,as well as any adjacent areas
(counties or portion thereof)that contain emissions sources contributing to the violation.
• North Carolina's process of recommending a nonattainment boundary is as follows:
• Review EPA's guidance document
• Evaluate which monitors are violating standards
• Analyze cause and effect relationships and develop sensible boundary options
• Conduct public meetings
• Coordinate with other agencies impacted by nonattainment designations
• Top ten SO2 point sources in our area:
• Progress Energy- Sutton- 17,947 emissions(tons/year)New Hanover County
• Invista S.A.R.L. -2,222 emissions(tons/year)New Hanover County
• DAK Americas-2,167 emissions(tons/year)Brunswick County
• CPI USA—Southport- 1,734 (tons/year)Brunswick County
• Southern States Chemical-872(tons/year)New Hanover County
• Elementis Chromium-318(tons/year)New Hanover County
• New Hanover County WASTEC- 23 (tons/year) New Hanover County
• Hess Corporation- 12 (tons/year) New Hanover County
• Fortron Industries-8 (tons/year) New Hanover County
• Barnhill Contracting-7(tons/year) New Hanover County
• Nonattainment boundary options being considered:
• Option A—All of New Hanover County
• Option B—All of New Hanover County and part of Brunswick County
• Option C—Northwest Township in Brunswick and Cape Fear Township in New Hanover County
• Option D—Cape Fear Township in New Hanover County
• Option E—River Boundary in New Hanover County and DAK America Property Boundary in
Brunswick County
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 171
• Option F—Polygon shape containing parts of Brunswick and New Hanover Counties
• Option G—River Boundary in New Hanover County
• Timeline:
• June 2010-EPA set new primary SO2 standard
• June 2011 -state boundary recommendations due to EPA
• February 2012-EPA feedback on state recommendations
• April 2012-state deadline to respond to EPA feedback
• June 2012-EPA makes final designations
• January 2013 -new SOz monitoring operational
• June 2013 -state plan for attainment areas due
• February 2014-state plan for nonattainment areas due
• August 2017-all areas required to attain the standard
In closing, comments on potential boundary options (presented and proposed) can be sent to
DAQ.publiccommentskncdenr.gov by April 30,2011.
After a brief question and answer period, Chairman Barfield thanked Mr. Newland for the presentation and
asked if anyone in the public wished to present comments. He requested that public comments be limited to three
minutes each highlighting that comments that are industry specific will be considered out of order.
The following comments were received:
Debra Butler, 401 South 4ffi Street, voiced her concern that the County continues to play "catch-up" with
infrastructure needs and requested the Board be pro-active, as opposed to reactive, concerning air quality and not
allow any additional industry that will omit SOz. The air we breathe is our greatest resource.
Mike Giles, North Carolina Coastal Federation Wilmington office,voiced his concern on the broad impact
that air pollution has on the health of our citizens and water quality. SOz is not just an air pollution issue but a water
pollution problem and urged the Board to continue to be proactive in addressing the nonattainment designation.
Dave Rice, NHC Department of Health Director, reported that at the Board of Health's April 6t'meeting,
they adopted a resolution requesting state and local government officials to endorse and implement regulatory
standards to improve air quality in our area. With a background in single source pollution, Mr. Rice suggested the
Board consider endorsing the nonattainment boundary in miles, as opposed to jurisdictions.
A complete copy of the PowerPoint presentation is available for review on the North Carolina Department
of Environment and Natural Resources Air Quality Division website.
ADOPTION OF PROCLAMATION RECOGNIZING MAY 7-15,2011 AS NATIONAL TOURISM WEEK IN
NEW HANOVER COUNTY
Wilmington/Cape Fear Coast Convention Center and Visitors Bureau CEO Kim Hufham presented the
request for the Board's consideration to proclaim May 7-15, 2011 as National Tourism Week in New Hanover
County and was present to receive the proclamation.
Commissioner Catlin read the proclamation into the record.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the proclamation
recognizing May 7-15, 2011 as National Tourism Week in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 6.7.
BREAK
Chairman Barfield called for abreak at 10:05 a.m.until 10:16 a.m.
RATIFICATION OF GRANT SUBMISSION, ACCEPTANCE OF AWARD FROM THE 2008 PORT
SECURITY GRANT PROGRAM,AND ADOPTION OF BUDGET ORDINANCE AMENDMENT 11-189
Sheriff Ed McMahon presented the request for the Board's consideration to ratify and accept grant funds
from the 2008 Port Security Grant Program and adopt Budget Ordinance Amendment 11-189 in the amount of
$270,000. The funds were presented to the City of Wilmington to purchase night vision and digital downlink
enhancements for the City of Wilmington's Sable helicopter.No local match is required.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to ratify the grant submission, accept
grant funds from the 2008 Port Security Grant Program, and adopt Budget Ordinance Amendment 11-189 in the
amount of$270,000 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIV,Page 6.8.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 172
NEW HANOVER SOIL AND WATER CONSERVATION DISTRICT ANNUAL UPDATE
New Hanover Soil & Water Conservation District Chairman Dave Thomas and Interim Director Dru
Harrison presented the following annual update:
• The mission of the District is to protect and enhance water quality throughout New Hanover County
through land conservation, storm water management, technical support to citizens and organizations and
conservation education and outreach activities.
• Supervisors:
• William J. "Bill"Hart, Vice-Chairman
• Donna Moffitt, Secretary/Treasurer
• Nancy Pritchett,Member
• Steve Skavroneck,Member
• Services:
• Technical Assistance
• Cost Share Programs
• Education and Outreach
• Land Acquisition and Management
• Grant Writing and Management
• Cost Share Programs:
• Community Conservation Assistance Program in the amount of$32,283
• Agriculture Cost Share Program in the amount of$20,000
• Community Education and Outreach Programs:
• School Programs
• Pet Waste Education
• Monthly Rain Barrel and Compost Bin Sales
• Community Events
• State,Regional and Local Committees
• Summer Camps
• Eagles Island Coalition—lead organization
• 2011-2012 Goals:
• Continue to promote and educate about Phase II Stormwater Regulations
• Expand Cost Share Programs
• Continue best management practice and maintenance at New Hanover County Schools
• Apply for grants and alternate source of funding to continue District programs
• Continue partnerships with local,regional and state organizations
Hearing no further comments, on behalf of the Board, Chairman Barfield thanked Mr. Thomas and Ms.
Harrison for the update.
COMMITTEE APPOINTMENTS
Appointment to the Lower Cape Fear Water and Sewer Authority Continued until the Board's May 16,2011
Meeting
Chairman Barfield reported that one vacancy needs to be filled on the Lower Cape Fear Water and Sewer
Authority with three applications available for the Board's consideration.
Commissioner Catlin nominated William A. Kopp, Jr. The nomination was seconded by Commissioner
Davis.
Chairman Barfield nominated Dwight Crainshaw. The nomination was seconded by Commissioner Berger.
The Board held a brief discussion concerning the Board's policy that no appointee may serve more than
two consecutive terms and the need to re-advertise the vacancy for new applicants. All three applicants are currently
serving, or have previously served, on the Authority; Mr. Kopp will complete his second consecutive term on May
13,2011;Mr. Taube previously served as director 27 years,and Mr. Crainshaw previously served two terms.
Hearing no further discussion, Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to continue the appointment
to the Lower Cape Fear Water and Sewer Authority to allow additional time to accept applications until the Board's
May 16, 2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Appointment to the Southeastern Economic Development Commission
Chairman Barfield reported that one vacancy needs to be filled on the Southeastern Economic
Development Commission with one applicant eligible for reappointment and two applications available for the
Board's consideration.
Chairman Barfield nominated Corey L. Barbour. The nomination was seconded by Vice-Chairman
Thompson.
Hearing no further nominations, Chairman Barfield called for a vote on the nomination.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,APRIL 18,2011 PAGE 173
Vote: The Board voted unanimously to reappoint Corey L. Barbour to serve a four-year term on the Southeastern
Economic Development Commission in the Economic Development Community(minority representative) category
with the term to expire on April 30, 2015.
Appointment to the Youth Empowerment Services Advisory Board
Chairman Barfield reported that one vacancy needs to be filled on the Youth Empowerment Services
Advisory Board with two applications available for the Board's consideration.
Chairman Barfield nominated Karen Clay Beatty. The nomination was seconded by Vice-Chairman
Thompson.
Hearing no other nominations, Chairman Barfield called for a vote on the nomination.
Vote: The Board voted unanimously to appoint Karen Clay Beatty to serve a three-year term on the Youth
Empowerment Services Advisory Board in the at-large category with the term to expire on April 30, 2014.
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. No comments were presented.
ADJOURNMENT
There being no further business, Chairman Barfield requested a motion to adjourn the meeting.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to adjourn the meeting.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield adjourned the meeting at 10:48 a.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