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2011-05-16 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 WORK SESSION,MAY 16,2011 PAGE 201 ASSEMBLY The New Hanover County Board of Commissioners held a Work Session on Monday, May 16, 2011, at 1:45 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson; Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; Assistant County Manager Chris Coudriet; Deputy County Attorney Kemp Burpeau; Clerk to the Board Sheila L. Schuh and Deputy Clerk to the Board Teresa P.Elmore. Chairman Barfield called the meeting to order and stated the purpose of the work session was to hear a report on the proposed New Hanover County Beach Nourishment Contingency Plan. He requested County Engineer Jim Iannucci to begin the presentation. County Engineer Jim Iannucci stated that the purpose of the plan is to evaluate the options available for beach nourishment with or without Federal and State funding. He introduced Councilman Bob Lewis, Councilman Lonnie Lashley, Councilman Dan Wilcox, and Town Manager Tim Owens of Carolina Beach and Mayor David Cignotti of Wrightsville Beach, each who have been a part of the group working on the Contingency Plan. The plan is the culmination of efforts involving Coastal Planning and Engineering, Inc. (CPE); Wilmington-New Hanover Port, Waterway, and Beach Commission; County staff; and the elected officials and staff members from Wrightsville Beach, Carolina Beach,and Kure Beach. Mr. Iannucci reported that members of the group traveled to Washington,D.C.in March 2011 to meet with Congressman Mike McIntyre, Senator Richard Burr's staff, Senator Kay Hagan's staff and Congressman David Price's staff, as well as meeting with the US Army Corps of Engineers (USACE). Discussions were about ways to obtain Congressional earmarks for beach renourishment and re-authorization for the 30-year federal beach nourishment projects. The upcoming expiration of the Carolina Beach project in 2014 emphasizes the urgency of having a viable contingency plan in place. The study prepared by CPE includes the following recommendations: • Obtain permits to allow the County to perform work using non-federal funds: • Option 1: Obtain General Permit 291 to continue the USACE maintenance plan • Option 2: Obtain permits to modify the USACE plans in order to improve performance for long-term navigation and storm damage reduction projects • Develop cost-sharing inter-local agreements with the beach towns that clearly define how the beach nourishment funds are to be allocated. • Contract services to provide reauthorization reports to obtain the necessary permits for beach nourishment • Approve Reevaluation Study for the Carolina Beach Project prior to 2014 Mr. Iannucci pointed out that the Beach Nourishment Contingency Plan describes the renourishment projects of the past, evaluates the performance for each, and provides permitting options to meet future nourishment projects for the beaches. A major concern will be that the County may have more responsibility for monitoring and its costs. The major goal is to continue receiving the maximum amount of federal funding for the projects while protecting the interests of the County and beach towns in the event of funding shortfalls. Commissioner Catlin,the Board's representative on the Port, Waterway, and Beach Commission, spoke on the importance of the County getting contributing authority status, which will allow the County to get permits and negotiate contracts for the projects in case the Corps does not receive funding. The County should be able to sustain the beach projects for 30 to 50 years using Room Occupancy Tax (ROT) Funds and state funding. Inter-local agreements will call for the beach towns to pay the state's portion in case of a shortfall. Tom Jarrett, Senior Coastal Engineer, and Brad Rosov, Marine Scientist, with Coastal Planning and Engineering, Inc. were present to speak on the study. Mr. Jarrett spoke on the urgent need to proceed in getting the permits for the existing project because 2013 is the last year Carolina Beach is covered under the federal permits. The 216 permit is the authorization the Corps uses for existing projects; however, Congress must appropriate funds for the Corps to do the Carolina Beach project. A feasibility study or a reevaluation study needs to be done before local funds can be used for the projects. The 206 permit will notify the Corps that the County is preparing a study and the project will be under the guidance of the Corps. It will be crucial to get the permits in place prior to expirations of the federal projects. Vice-Chairman Thompson requested comments on the contingency plan and the inter-local agreement from the beach town representatives. Mayor Cignotti spoke in support of the plan saying that it was crucial for the beach towns to be ready to make up for the anticipated loss in federal dollars for beach renourishment projects. The Town of Wrightsville Beach agrees with helping the Town of Carolina Beach in the short-term and they are ready to negotiate the details of an inter-local agreement on the level of funding and distribution of the ROT funds. Councilman Dan Wilcox reported that the Town of Carolina Beach supports the plan saying it is important that the beach towns work out the details of the inter-local agreement in order to move forward with the projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32 WORK SESSION,MAY 16,2011 PAGE 202 He expressed appreciation for the County's leadership in the effort. Commissioner Catlin said that the Port, Waterway, and Beach Commission will continue to try to get federal funding; however, the general permits will allow them to proceed with the Carolina Beach project using ROT funds for beach renourishment. County legal staff has drafted an inter-local agreement that will require further negotiations among the beach town representatives. Mr. Iannucci requested the Commissioners review the Contingency Plan and adopt it at their meeting in June. A reevaluation report to support reauthorization for the Carolina Beach project needs to start prior to expiration of the project in order to avoid additional requirements associated with obtaining Congressional authorizations for the project. The County would pay for the study,but some state funding may be possible. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 2:15 p.m. Respectfully submitted, Teresa P.Elmore Deputy Clerk to the Board