2011-07-11 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 227
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, July 11, 2011, at
2:00 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 Ted Davis, Jr.; 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.
CLOSED SESSION
Chairman Barfield announced a Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to conduct annual
performance evaluations for the County Manager, County Attorney and Clerk to the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to enter into a Closed
Session pursuant to N.C.G.S. 143-318.11(a)(6)to conduct annual performance evaluations for the County Manager,
County Attorney and Clerk to the Board. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield convened to Closed Session at 2:04 p.m. in the Commissioners Conference room.
CONVENE TO REGULAR SESSION
Chairman Barfield convened the meeting to Regular Session at 3:04 p.m. and requested a motion to
convene from Closed Session.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to convene from Closed
Session to the Regular Session meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY.
INVOCATION AND PLEDGE OF ALLEGIANCE
Dr. Ann H. Hadnot,Apostolic Humble Highway Holiness 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.
Commissioner Davis requested the minutes from the Regular Meeting held on June 20, 2011 be pulled for
discussion.
Hearing no comments, Chairman Barfield called for a motion to approve the remaining items on the
Consent Agenda.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the remaining
Consent Agenda items as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the Agenda Review Meeting held on June 16, 2011 as
presented by the Clerk to the Board.
Adoption of State Road Resolution—Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolution
supporting the addition of Gerome Place, Brewster Lane, Tisbury Court, and Marquette Drive located within
Brewster Place subdivision in New Hanover County to the State Road System(Division File No. 1170-N).
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 11.1.
Ratification of Grant Application to the North Carolina Association of Insurance Agents — Health
Department
The Commissioners ratified the grant application submitted to the North Carolina Association of Insurance
Agents in the amount of$1,000. If awarded, the funding will be used to educate the public concerning fire safety
and prevention and partnership with New Hanover County and Wilmington Fire Services to check and
replace/install smoke alarms. No new positions are being created as a result of this action and no local match is
required.
Approval of 2010 Community Development Block Grant Economic Recovery Program and 2010 Scattered
Site Housing Program—Planning Department
The Commissioners approved the grant compliance documents associated with the 2010 Community
Development Block Grant Economic Recovery Program in the amount of$500,000 and the 2010 Scattered Site
Housing Program in the amount of$400,000 and authorized the Chairman to sign the documents.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 228
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit
Book XXXIV,Page 11.2.
Approval of Request to Partner with the Southeast Coastal Plain Office of the Nature Conservancy to Submit
a Grant Application to the North American Wetlands Conservation Act—Planning Department
The Commissioners approved the request to partnership with the Southeast Coastal Plain office of the
Nature Conservancy to submit a grant application to the North American Wetlands Conservation Act in the amount
of$1,000,000. If awarded, the funds will be used to protect 772 acres of wetlands and adjacent uplands in the
southeast coastal plain. The County would benefit from a portion of the grant in the amount of$110,508.75 to
purchase a 10.2-acre tract of land within the proposed Smith Creek Greenway known as the "Ramsay Tract". No
local match is required.
A copy of the grant application is available for review in the Planning Department.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted Budget Ordinance Amendment 2012-01, Sheriff's Office, for fiscal year
ending June 30,2012.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 11.3.
Discussion and Approval of the Minutes for the Regular Meeting Held on June 20,2011 with Amendments as
Presented
Commissioner Davis requested that minutes of the Board's June 20, 2011 Regular Meeting relating to
Committee Appointments be amended to remove the references "in opposition" and moved for approval of the
minutes with the changes as presented.
Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Thompson,to approve the minutes of the
Board's June 20, 2011 Regular Meeting with the amendments as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
REGULAR ITEMS OF BUSINESS
RECOGNITION OF DISTINGUISHED BUDGET PRESENTATION AWARD
County Manager Bruce Shell recognized and congratulated the Budget Department for receiving the
Distinguished Budget Presentation Award for the 20th consecutive year from the Government Finance Officers
Association of the United States and Canada.
Chairman Barfield, on behalf of the Board, thanked Budget Director Cam Griffin and staff for their
continued excellence.
INTRODUCTION OF ELECTIONS DIRECTOR MARVIN MCFADYEN
Assistant County Manager Andre Mallette introduced New Hanover County's new Elections Director
Marvin McFadyen.
Mr. McFadyen offered comments concerning future plans for the Elections Department stating that he is
looking forward to working with the NHC Board of Commissioners and Board of Elections, improving the elections
process, and providing prompt,efficient service to the residents of the County.
Chairman Barfield,on behalf of the Board,welcomed Mr.McFadyen.
AUTHORIZATION TO SUBMIT GRANT APPLICATIONS TO THE NORTH CAROLINA
GOVERNOR'S HIGHWAY SAFETY PROGRAM AND THE ASSOCIATED LOCAL GOVERNMENT
RESOLUTIONS
Sheriff Ed McMahon presented the request to submit grant applications to the North Carolina Governor's
Highway Safety Program and the Associated Local Government Resolutions. The details of the grants are as
follows:
• Two motorcycles including emergency lighting, siren, radio, console, etc. The total cost is $50,000;
federal amount is $37,500 or 75%; local match is $12,500 or 25%. The local match will be
appropriated from the Sheriff's FYI 1-12 Budget.
• Driving While Impaired Task Force Grant. Funding for one Sergeant and three Deputies in the total
amount of$431,226 for the first year and is 100% grant-funded; no local match is required for year
one of this project. The first year would also include vehicles, equipment and uniforms. Second year
would be 85%funding with a 15%County match in the amount of$35,382; third year would be 70%
funding with a 30% match requirement in the amount of $74,303; and fourth year would be 50%
funding and 50%County match in the amount of$130,000.
Chairman Barfield requested direction from the Board.
In response to Board questions, Sheriff McMahon reported that the first year of the Driving While Impaired
Task Force Grant does not require a match. In year two of the grant,the local match could be absorbed through the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 229
Sheriff's Office budget and years three and four would be brought back to the Board through the budget process to
decide whether to continue the grant and fund the local match.
In response to Board questions, Sheriff McMahon confirmed that lack of the grant award will not
jeopardize the safety of the residents, but if awarded, will provide funding needed for deputies to focus on traffic
enforcement in high statistic areas. Grant funded positions are subject to elimination upon non-renewal of the grant.
After a brief question and answer period, Chairman Barfield,requested direction from the Board on the two
grant requests.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson,to authorize the Sheriffs Office
to submit a grant application to the North Carolina Governor's Highway Safety Program for two motorcycles as
presented.Upon vote,the MOTION CARRIED UNANIMOUSLY.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson,to authorize the Sheriffs Office
to submit a grant application to the North Carolina Governor's Highway Safety Program for a Driving While
Impaired Task Force Grant as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Copies of the Local Government Resolutions are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXXIV,Page 11.4.
PUBLIC HEARING AND AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE CITY
OF WILMINGTON TO THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM
Sheriff Ed McMahon presented the request to submit a joint application with the City of Wilmington to the
Edward Byrne Memorial Justice Assistance grant program through the U.S. Department of Justice in the total
amount of $107,326; $53,663 each agency. If awarded, the County's portion of the funding would be used to
purchase Sheriffs Office vehicles. No local match is required. The Justice Assistance Grant process requires a
public hearing to be held for discussion on the use of funds.
Chairman Barfield requested a motion to open the Public Hearing.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to open the Public Hearing to
receive comments concerning the 2011 Edward Byrne Memorial Justice Assistance Grant application with the City
of Wilmington. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield opened the Public Hearing and requested comments from the audience.
Hearing no comments, Chairman Barfield requested a motion to close the Public Hearing.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to close the Public Hearing to
receive comments concerning the 2011 Edward Byrne Memorial Justice Assistance Grant application with the City
of Wilmington. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to authorize the Sheriffs
Office to submit a joint 2011 Edward Byrne Memorial Justice Assistance Grant application with the City of
Wilmington as presented and authorize staff to execute the required County/City Memorandum of Understanding.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the Memorandum of Understanding is available for review in the Legal Department.
ADOPTION OF RESOLUTION AWARDING THE BID FOR THE PURCHASE OF A REMOTELY
OPERATED VEHICLE TO VIDEORAY,LLC
Sheriff Ed McMahon reported that the Sheriff's Office received a Homeland Security grant in the amount
of $109,770 to purchase an underwater Remotely Operated Vehicle (ROV). The equipment will be used for
homeland security purposes to search for and identify underwater hazards and explosive devises.
Bids were solicited and received on July 5, 2011. Only one company, VideoRay, LLC, responded to the
County's Request for Bids. This company met all of the requirements of the specifications detailed in the Request
for Proposal.
VideoRay submitted an initial bid in the amount of$127,696 which included the purchase of the equipment
and four days of training; staff negotiated with VideoRay, LLC to bring the bid amount within the funds available.
VideoRay, LLC submitted a revised bid in the amount of $109,762, bringing the bid within the project's grant
funding in the amount of$109,770. No local match is required.
Chairman Barfield requested direction from the Board.
In response to Board questions, New Hanover County Sheriffs Office Dive Commander Matt Payne
confirmed that there has been a need for such a device and that it will assist in determining what an object is without
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 230
putting a life in jeopardy. It can also be deployed to assist in the recovery of bodies and submerged vehicles.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the resolution awarding
the bid for the purchase of a Remotely Operated Vehicle to Videoray, LLC in the amount of$109,762 as presented.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 11.5.
CONTINUATION OF REQUEST UNTIL THE BOARD'S AUGUST 15, 2011 MEETING OF PARKING
DECK CHANGES TO EXTEND HOURS OF OPERATION AND ADOPTION OF BUDGET
AMENDMENT 12-001
Finance Director Avril Pinder presented the request for the Board's consideration to extend the County's
parking deck hours of operations on Thursdays and Fridays from 7:00 p.m. to 2:00 a.m. and on Saturdays from 7:00
p.m. to 2:00 a.m. with an evening deck fee of$5.00 due upon entry for the times listed. Staff is also requesting
approval to increase the event fee on the deck from $5.00 to $7.00 flat rate for special events to include the
following: Azalea Festival, July 4th, Riverfest, and add New Year's Eve as another event for a flat rate fee of
$7.00.
These proposed changes would become effective August 1, 2011 and would result in approximately
$112,000 of additional revenue per year. The increased parking revenues of$112,000 are being requested to be
used to install security cameras in the deck and upgrade Scan Net, the parking financial software as reflected in
Budget Ordinance Amendment 12-001.
Chairman Barfield stated his support of the request highlighting that public safety was identified as a top
priority in the County's newly adopted strategic plan.
In response to Board questions, Ms. Pinder reported that the security cameras would be on all the time,
although not be live-monitored and will assist in recognizing those committing vandalism to vehicles and parking
deck property and serve as a deterrent. The Scan Net software that is being requested to be upgraded has not been
upgraded since 2009. From January 2010 until the present, there have been over 100 incidences of breaking and
entering, with no bodily injury reports. The request includes cameras covering every entrance to the deck and
elevators.
In response to Board questions, Lanier Parking Representative Kerry Loomis, confirmed that the security
cameras located in the City of Wilmington's parking deck does offer police and Lanier parking staff visualized tapes
of incidences.
Vice-Chairman Thompson stated that it is his experience with his business that security cameras do not
assist in making arrests for crimes and can provide a false sense of security.
In response to Board questions, Sheriff McMahon confirmed that there are incidences that security cameras
do help, especially if you can zoom in or if they are of good quality. The funding of two additional deputies would
be more effective security than the cameras.
In response to Board questions, Attorney Wanda Copley reported that the County has a legal duty to the
general public,not to a single person.
In response to Board concerns, County Manager Bruce Shell reported that Sheriff McMahon has committed
five deputies, which are dedicated to the downtown area on Thursday, Friday and Saturday, to periodically go
through the parking deck for added security.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve extending the
parking deck hours of operation and increasing the flat rate fee for special events.
The Board held a brief discussion voicing concern on approving the request without additional time to
consider the best options for providing security in the parking deck and the allocation of the revenue projected from
the extended hours and flat rate fee.
Substitute motion: Commissioner Catlin MOVED, SECONDED by Vice-Chairman Thompson, to continue the
consideration of the request to the Board's August 15, 2011 meeting, to allow for additional time for staff to
evaluate options for the revenue stream. Upon vote,the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION APPROVING THE EXCEPTION TO COMPETITIVE BID PROCESS TO
PIGGYBACK THE AWARD OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM TO
NORTHWOODS CONSULTING PARTNERS,INC.FOR THE DEPARTMENT OF SOCIAL SERVICES
Information Technology Director Leslie Chaney presented the request for the Board's consideration to
adopt the resolution approving the exception to the competitive bid process referred to as"piggybacking"as allowed
by North Carolina General Statute 143-129(g)to allow the Department of Social Services to purchase an Electronic
Document Management System.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 231
Staff is requesting the Board adopt the resolution approving the exception to piggyback the award of the
Electronic Document Management System to Northwoods Consulting Partners, Inc. in the amount of $602,498,
which has been approved in the FY 11-12 budget.
In response to Board questions, Department of Social Services Director LaVaughn Nesmith reported that
the software will be compatible and will integrate with the State system and improve staff efficiency by increasing
case load capacities without increasing staff, allow for electronic signatures, thereby decreasing printing costs,
application processing time,and off-site storage costs.
In response to Board questions, Mr. Nesmith confirmed that the allocation was approved in the FY2011-
2012 budget in lieu of increasing staff. This is an attempt to become paperless by using technology.
In response to Board questions, Ms. Chaney confirmed that staff will still have to perform the eligibility
portion of the process.
In response to Board questions, on behalf of the New Hanover County Board of Social Services, Chairman
John E. Craig confirmed that they support the request 100%.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution
approving the exception to the competitive bid process to piggyback the award of the Electronic Document
Management System to Northwoods Consulting Partners, Inc. in the amount of$602,498 as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 11.6.
NEW HANOVER COMMISSION FOR WOMEN PRESENTATION
New Hanover Commission for Women Chairwoman Khalilah Olokunola presented the request for the
Board's consideration to reinstate their endorsement and continue appointments to the Commission for Women.
In response to Board questions, Ms. Olokunola presented a packet of information for the Board's review
including their past minutes and membership roster. The City of Wilmington Clerk has called for an audit of funds
to be conducted.
Hearing no further discussion, Chairman Barfield called for direction from the Board.
Motion: Chairman Barfield MOVED to reinstate the Board's endorsement and to continue appointments to the
Commission for Women. No second was received,therefore the MOTION DIED.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to review the information
provided and consider reinstatement and continuation of appointments to the Commission for Women at the Board's
August 15,2011 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF SOCIAL SERVICES ANNUAL UPDATE
New Hanover County Board of Social Services Chairman John E. Craig presented the annual update on
how the current economic conditions have impacted the department and highlighted the following information:
• Created by the North Carolina General Assembly and sustained with public funds, the New Hanover
County Department of Social Services exists to alleviate emotional and economic distress among the
people of the county. Providing a variety of basic and essential services, the New Hanover County
Department of Social Services seeks to assist and protect our most vulnerable citizens—the poor, the
children, the aged, the disabled, and the sick—and to enhance and maintain the quality of life in our
community.
• Rate of growth in cases from May 2008 to May 2011—(+)95.1%
• Rate of growth in staff from May 2008 to May 2011— (-) 1.1%
• Currently 350 children in Foster Care
• Number of abused/neglected children reported from May 2010 through 2011 —301
• Census information: In 2000— 160,307 in NHC with 27,302 Elderly; In 2010—202,667 in NHC with
40,078 Elderly
• Guardianship has seen an increase from the same period last year from 45 to 57
• Percentage of growth in programs from May 2007 to May 2011:
• Family Nutrition Services-(+)97%
• Adult Medicaid—(+)14%
• Family and Children Medicaid and Health Choice—(+)28%
• Financial Assistance Program:
• Emergency Assistance up from 389 to 549 from May 2007 to May 2011
• Work First Assistance down from 455 to 423 from May 2007 to May 2011
• Child Care Program:
• In 2007—2,331 being subsidized;73 on waiting list
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 232
• In 2011—1,672 being subsidized;724 on waiting list
• Economic impact for FY2009-2010 in the amount of$268,779,493
• Estimated revenues for FY2011-2012 in the amount of$36,951,199
In closing, the Department of Social Services Board and staff will continue to deal with shrinking State
funds and an increase in demand for services.
NEW HANOVER COUNTY PARKS AND RECREATION ADVISORY BOARD ANNUAL UPDATE
New Hanover County Parks and Recreation Advisory Board outgoing Chairman Connie H. Branch
presented the annual update highlighting the following information:
• Parks and Recreation Advisory Board consists of eight members with the purpose to suggest policies
and provide support to the department, County Manager, and the Board of County Commissioners as
well as serve as liaison for the citizens of the County.
• The Parks and Gardens Department is charged with the responsibility of efficiently maintaining thirty-
one various parks managing over 1,300 acres of green space, sporting areas, boat ramps, fishing
areas,public spaces,walking trails and non-park properties.
• The Parks division maintains sporting fields, recreational areas and public spaces on fifteen school
properties and is committed to providing quality recreational areas for our school system.
• New Hanover County collaborated with the City of Wilmington to develop the Olsen Park Complex
and Empire Park Tennis Center,both which opened in 2010.
• In 2010 development and construction began on Arrowhead Park, Parkwood Recreation Area, Smith
Creek Park and Monterey Heights; all will be completed and opened in 2011. Trails End Park and
Boating Facility and River Road Park were completed in spring of 2010.
• In 2011 New Hanover County acquired additional acreage of undeveloped land using funds from the
2006 bond referendum. These properties will be used to build new sports fields and a new nature based
center.
• Sixty-two acres were purchased to construct new recreational areas at the Castle Hayne Park/Northern
Park site.
• Eighty-five acres were acquired adjacent to Smith Creek Park for a proposed nature center.
In closing, Mr. Branch stated that the Parks and Recreation Advisory Board is committed to ensuring that
quality programs in both indoor and outdoor spaces are available for county citizens and visitors to New Hanover
County.
NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2010-2011 FINAL REPORT
PRESENTATION
Long Range Planning Manager Shawn Ralston and Coastal Planning and Engineer Brad Rosov presented
the results of the New Hanover County Water Quality Monitoring Program between June 2010 and May 2011.
Nineteen monitoring stations within seven creeks were monitored on a monthly basis for physical, chemical, and
biological parameters of water quality with the results highlighted below:
• Turbidity and chlorophyll-A were rated"good"within all watersheds throughout the study period.
• Dissolved oxygen varied considerably between watersheds and within sites. Specifically, Barnards
Creek, Lords Creek, Motts Creek, and Smith Creek were deemed to be "good" while Futch Creek
contained"fair" levels of dissolved oxygen. Both Pages Creek and Prince Georges Creek were rated
as"poor"for dissolved oxygen.
• Levels of Enterococci were deemed problematic within a number of watersheds. Four of the
watersheds were rated as "poor" including Barnards Creek, Motts Creek, Prince Georges Creek, and
Smith Creek. Pages Creek rated"fair"while Futch Creek and Lords Creek were rated"good."
• Fecal coliform, another indicator of bacterial contamination,was assessed monthly within Pages Creek
and Futch Creek. These creeks generally exceeded the State shellfish standard for fecal coliform
bacteria resulting in"poor ratings."
In closing, from data collected on a monthly basis since November 2007, dissolved oxygen, turbidity, and
chlorophyll-A levels oscillate on a seasonal basis. Water quality generally decreases during the warmer months
when the water temperatures increase and during the cooler months, when the water temperature drops, these
parameters improve. Drought conditions can also degrade water quality due to less flow and less circulation.
In response to Board questions, Ms. Ralston confirmed that staff does review the impact of septic systems,
active and non-active,in the sensitive creek areas.
A complete copy of the Water Quality Monitoring Report for FY2010-2011 is available for review in the
Planning Department and on the Planning Department's webpage.
PUBLIC HEARING AND APPROVAL OF REQUEST BY JAMES YOPP, ON BEHALF OF ROCKFORD
PARTNERS, L.L.C., TO REZONE APPROXIMATELY 27.23 ACRES LOCATED AT 1300 AND 1305
ROCK HILL ROAD FROM R-20 LOW-DENSITY RESIDENTIAL TO R-15 MEDIUM-DENSITY
RESIDENTIAL(Z-910,04/11)
Chairman Barfield opened the Public Hearing and requested staff to make the presentation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 233
Current Planner Nicole Dreibelbis presented the request by James Yopp, on behalf of Rockford Partners,
LLC, to rezone approximately 27.23 acres of property located at 1300 and 1305 Rockhill Road from R-20 to R-15
and presented a slide overview of the request. 1300 Rockhill Road is a 1.94-acre tract, owned by Martha Loughlin
and 1305 is a 25.29-acre tract,belonging to Rockford Partners LLC.,for a total of 27.23 acres.
Both parcels are currently part of the Sunset Reach Performance Residential subdivision, preliminarily
approved by Technical Review Committee on September 12, 2009 for a total of 52 lots. R-20 zoning allows up to
1.9 units per acre or a maximum of 52 lots. The approval of this rezoning to R-15 would increase the performance
residential density to 2.5 units per acre and allow for a total of 68 units,an increase of 16 units.
Rockhill Road is a neighborhood collector street maintained by NCDOT. A planned collector street within
Rose Hill Plantation, a planned development district to the north, will stub to this property and may provide future
access through that development to Chair Road.
Traffic counts are not typically provided for local roads; however, the Wilmington Metropolitan Planning
Organization conducted a study on Rockhill Road in early April and the results illustrate the average weekday trips
are 1,520. The capacity of Rockhill Road is 10,000 average daily trips. Therefore, the volume to capacity ratio is
0.152,which translates to a Level of Service A. Rockhill Road appears to be operating at optimal efficiency without
congestion during peak travel periods. No TIA will be required for the maximum number of lots allowable.
Water is available per Cape Fear Public Utility Authority. Septic tanks will be required to serve the area
until such time as public sewer is provided. Dry sewer has been installed. Environmental Health will evaluate the
adequacy of any subdivision proposal to be served by septic tanks.
Staff recommends approval determining that the request for rezoning is consistent with the 2006 CAMA
Land Use Plan, the stated intent of the R-15 zoning district, and the Wrightsboro Small Area Plan. The impact of
the increased density will be consistent with the adjacent planned development and the land classification. Density
will also be restricted by septic suitability until sewer is available.
At the Planning's Board's April 7, 2011 meeting, they voted 6-0 to recommend approval of the R-15
rezoning. No one from the public spoke on behalf of or in opposition to the request.
Chairman Barfield asked the Petitioner to present the request.
James Yopp, the Petitioner,presented the request to rezone the property from R-20 to R-15 stating that the
request is consistent with the surrounding zoning.
In response to Board questions,Mr. Yopp answered questions concerning the need to receive permitting for
any additional boat slips and the need to work with Environmental Health for permitting of septic systems reporting
that the soil test rated it as the most ideal for septic systems. The dry sewer has been installed as required but Cape
Fear Public Utility Authority is not able to commit to bringing sewer to the area. Mr. Yopp confirmed he is ready to
proceed with the request before the Board.
Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the
request.
Hearing no comments, Chairman Barfield closed the Public Hearing and requested direction from the
Board.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin, to approve the request by James
Yopp, on behalf of Rockford Partners, LLC, to rezone approximately 27.23 acres of property located at 1300 and
1305 Rockhill Road from R-20 to R-15 finding that the request is: 1) consistent with the purposes and intent of
Policies in the 2006 CAMA Land Use Plan relating to development in resource protection areas and consistent with
the goals and objectives contained within the 1991 Wrightsboro Neighborhood Plan; and 2) reasonable and in the
public interest to rezone 27.23 acres from R-20 Low-Density Residential to R-15 Medium-Density Residential in
this location adjacent to similarly approved development. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1974, is hereby
incorporated as a part of the minutes and is contained in Zoning Book 11, Section 10,Page 33.
COMMITTEE APPOINTMENTS
Appointment to the Cape Fear Museum Advisory Board
Chairman Barfield reported that two vacancies need to be filled on the Cape Fear Museum Advisory Board
with one new application available for consideration and requested a nomination from the Board.
Chairman Barfield nominated J. Tucker Stevens for appointment. The nominations were seconded by
Commissioner Berger.
Hearing no further nominations Chairman Barfield closed the nominations and called for a vote on the
nomination.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 234
Vote Result: The Board voted unanimously to appoint J. Tucker Stevens to serve a three-year term on the Cape
Fear Museum Advisory Board with the term to expire on June 30,2014.
Appointments to the Nursing Home Community Advisory Committee
Chairman Barfield reported that vacancies exist on the Nursing Home Community Advisory Committee
with two applicants eligible for reappointment and requested a motion/nomination from the Board.
Chairman Barfield nominated Julie Brewer and Christopher Ryan Thomas for reappointment. The
nomination was seconded by Vice-Chairman Thompson.
Hearing no further nominations, Chairman Barfield called for a vote on the nominations.
Vote Result: The Board voted unanimously to reappoint Julie Brewer and Christopher Ryan Thomas to serve three-
year terms on the Nursing Home Community Advisory Committee with the terms to expire on July 31, 2014.
Appointments to the Planning Board
Chairman Barfield reported that two vacancies exist on the Planning Board with two applicants eligible for
reappointment for a total of seven applications available for consideration and requested nominations from the
Board.
Commissioner Berger nominated David F. Weaver for appointment. No second was received.
Commissioner Catlin nominated Daniel Hilla and C. Andrew Heath, Jr.for reappointment. The nomination
was seconded by Vice-Chairman Thompson.
Vote Result: The Board voted unanimously to reappoint Daniel Hilla and C. Andrew Heath to serve three-year
terms on the Planning Board with the terms to expire on July 31, 2014.
FOREIGN TRADE ZONE PRESENTATION
Commissioner Richard Catlin and Assistant County Manager Chris Coudriet presented an update on the
feasibility of expanding the current Foreign Trade Zone, which is issued to the Wilmington Port to include
approximately 150 acres of undeveloped land at Wilmington International Airport with highlights as follows:
• A Foreign Trade Zone is an:
• Area near a US port of entry considered outside US Customs territory
• Area where duties and taxes are due only when removed for US consumption
• Area that facilitates international trade
• Area that increases global competitiveness of US-based companies
• The Benefits of a Foreign Trade Zone include:
• Deferral,reduction, or elimination of import duties
• Best in-class inventory control that largely eliminates inventory loss adjustments
• Reduces long hold times at ports of entry
• Lower cargo insurance rates
• No country-of-origin labels required
• Greater Public Good Benefits of a Foreign Trade Zone:
• Facilitate and expedite international trade
• Encourage and facilitate exports
• Attract offshore activity/retain domestic activity
• Economic development strategy
• Foreign Trade Zone Proposal:
• Modify Foreign Trade Zone 66 at Wilmington Port to include property at ILM:
• Expand or modify the existing boundary—requires partnership with NC Ports Authority and
State Commerce
• Alternative site framework with grantee proposing site(s) within a defined service area and
magnet sites to attract future users
• IL,M could serve as a magnet site
• Approach to Expanding Foreign Trade Zone 66:
• County officials partner with the Airport Authority, Ports Authority and State Commerce to
determine application process
• Establish a steering committee to manage the process
In closing, expanding the Foreign Trade Zone is an economic development opportunity for the County.
The approach for the best application needs to be determined as well as forming partnerships. There will be an
application cost with a timeframe of approval of approximately nine to twelve months. Rarely is a first application
approved, it is a give and take process.
ACCEPTANCE OF HOME AND COMMUNITY CARE BLOCK GRANT FUNDS
Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's
consideration to accept Home and Community Care Block Grant Funds in the amount of$983,891. New Hanover
County Senior Resource Center is designated as the Lead Agency for the Home and Community Care Block Grant
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,JULY 11,2011 PAGE 235
funding and is eligible to receive $983,891 for FYI 1-12. The Home and Community Care Block Grant Advisory
Committee recommends the following distribution of funds:
• Senior Resource Center funding:
• $89,781 for Transportation Services
• $298,204 for Home Delivered Meals
• $92,799 for Congregate Meals
• $78,233 for Case Assistance&Information and Referral
• $77,223 for Senior Center Operations
• $240,000 for In-Home Aide Services
• Elderhaus,Inc.:
• $52,018 for Adult Day Care Services
• $55,633 for Adult Day Health Services
The required 10% match is included in the Parks, Gardens, and Senior Resources Department budget.
Elderhaus is required to provide the match in order to receive Home and Community Care Block Grant funds.
Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to accept the Home and Community
Care Grant funds in the amount of$983,891 for FYI 1-12 and approve the distribution as presented. Upon vote,the
MOTION CARRIED UNANIMOUSLY.
A copy of the grant is available for review in the Senior Resources Center.
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 items were presented.
ADDITIONAL AGENDA ITEMS
SO2 MONITORING UPDATE
Long Range Planning Manager Shawn Ralston reported that money was saved on the SO2 contract by
borrowing equipment from the Division of Air Quality,therefore,making it possible to extend the monitoring period
at no additional cost and provide a longer data set.
RECONVENE TO CLOSED SESSION
Chairman Barfield requested a motion to reconvene the meeting to Closed Session.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to reconvene the meeting to
Closed Session. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield reconvened to Closed Session at 6:40 p.m. in the Commissioners Conference room.
RECONVENE TO REGULAR SESSION
Chairman Barfield requested a motion to reconvene the meeting to Regular Session.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Barfield, to reconvene the meeting
to Regular Session. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Barfield reconvened the meeting to Regular Session at 8:30 p.m. and reported that the
evaluations for the County Manager, County Attorney, and Clerk to the Board have been completed with all three
employees meeting or exceeding the Board's expectations.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin, that the County Commissioners not
receive the 1%merit pay increase. Upon vote,the MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 8:31 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.nhggov.com/NHCLive or www.nhcgov.com paQes.BOC/asps