2013-08-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 19,2013 PAGE 687
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, August 19, 2013,
at 9:05 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present: Chairman Woody White: Vice-Chair Beth Dawson: and Commissioner Jonathan
Barfield,Jr. Commissioner Thomas Wolfe was excused by the Board due to a family medical issue.
Staff present: County Attorney Wanda M. Copley: County Manager Chris Coudriet: and Clerk to the
Board Sheila L. Schult.
NON-SECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE
Tauheed Islamic Center Imam Abdul Rahman Shareef provided the invocation and Commissioner Barfield
led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman White asked if anti- member of the Board would like to remove or discuss anti- item on the
Consent Agenda.
Hearing no comments, Chairman White requested a motion to approve the Consent Agenda as presented.
Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield,to approve the Consent Agenda as
presented. Upon vote, the MOTION CARRIED 3 to 0.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Special Meeting held on July 26, 2013
Agenda Review Meeting held on August 1,2013
Regular Meeting held on August 5,2013
Approval to Waive Landfill Tipping Fees for Wilmington Area Rebuilding Ministry — Environmental
Management
The Commissioners approved waiving the Landfill tipping fees for the Wilmington Area Rebuilding
Ministiv with a maximum of five tons per year: equating to $295 at the current tipping fee rate. This request must
be renewed and approved annually, and is restricted to waste generated within New Hanover County.
A copy of the application is available for review at the Environmental Management Department.
Approval of Fire Dry Side Tanker Purchase—Fire Services
The Commissioners approved the purchase of a 2014 Pierce KW DX Dry Side Tanker in the amount of
$221,282 through the Houston Galveston Area Council Interlocal Purchasing Contract with fiords allocated from the
FY 2013-2014 budget. The new tanker will be housed at the Highway 421 North Station: an aged pumper/tanker
unit from the fleet will be decommissioned.
Acceptance of 2012 FEMA Fire Prevention and Education Grant Funds and Adoption of Budget Ordinance
Amendment 14-002—Fire Services
The Commissioners accepted 2012 FEMA Fire Prevention and Education Grant Funds in the amount of
$118,500 and adopted Budget Ordinance Amendment 14-002. The required match in the amount of$29,625 will be
allocated from Fire Sei ices Fund Balance. The finds will be used to partner with agencies who seine the deaf and
hard of hearing to install four hundred specialty smoke alarms. The grant also includes finding for compatible
alarms that connect to the specialty devices of up to as many as 1,600 units.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXVI,Page 14.1.
Adoption of Resolution Approving the Donation of Miscellaneous Equipment to Bladen County Emergency
Services—Fire Services
The Commissioners, pursuant to North Carolina General Statute 160A-280, adopted the resolution
approving the donation of various pieces of equipment and supplies, with an estimated fair market value in the
amount of$350,to Bladen Count-ti-Fire Sei ices.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXVI,Page 14.2.
Acceptance of Eleven Items for Accession into the Cape Fear Museum's Permanent Collection—Museum
The Commissioners accepted eleven items for accession into the Cape Fear Museum's Permanent
Collection.
A complete list of the items is available for review at the Cape Fear Museum.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 19,2013 PAGE 688
Adoption of Resolution to Dispose of Surplus Property—Finance Department
The Commissioners,pursuant to North Carolina General Statute 160A-Article 12,adopted the resolution
authorizing the disposal of surplus property.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXVI,Page 14.3.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted Budget Ordinance Amendment 14-009 - Community Justice Sei ices for
fiscal year ending June 30, 2014.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXVI,Page 14.4.
REGULAR ITEMS OF BUSINESS
APPROVAL OF AN ECONOMIC DEVELOPMENT GRANT IN THE AMOUNT OF 5500,000 TO THE
TOWN OF CAROLINA BEACH TO RENOVATE AND EXPAND THE BOARDWALK
Carolina Beach Mayor Bob Leivis and Carolina Beach Mayor Pro Tem Steve Shuttleivorth presented the
request for the Board's consideration to enter into a partnership to provide financial assistance to renovate and
expand its current boardwalk. Carolina Beach is requesting an economic development grant in the amount of
$500,000 where the principal would be repaid through additional tax revenues from new property taxes, sales taxes,
and room occupancy taxes generated through the additional investment. The Town has also suggested repayment to
the County through traditional methods if the anticipated tax revenues are not generated at the end of the 59-month
term.
In response to Board questions, Mayor Pro Tem Shuttleivorth reported that the total cost of project is
approximately $1.55 million: the Town has received one grant in the amount of$250,000 from the Department of
Water Resources and one in the amount of $603,000 from LAMA. There is a required match for the Water
Resources grant in the amount of$250,000, which will be allocated from Room Occupancy Tax fiords leaving the
balance in that account slightly over$150,000.
Vice-Chair Dawson voiced her support of the partnership with Carolina Beach for a grant to renovate and
expand the boardwalk as a ivin-win situation highlighting the Town's vision and commitment through infrastructure
improvements, economic development efforts and the recruitment and retention of businesses. She requested the
Board be kept apprised of the project progress.
Commissioner Barfield voiced his support of the request based on the return on investment that will be
realized.
In response to Board questions, Mayor Lewis reported that the project is anticipated to begin in September
with a six to eight month build.
Chairman White stated that although he would prefer the fimding come from Room Occupancy Tax
dollars,he will support the request based on wanting to partner with the Town of Carolina Beach for an amenity that
can be used by all Count-v citizens.
Hearing no firrther comments, Chairman White requested direction from the Board.
Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Barfield, to grant$500,000 to the Town of
Carolina Beach for the expansion and renovation of the boardwalk project by appropriation of fiord balance and the
transfer of fiords to the Town of Carolina Beach. Upon vote, the MOTION CARRIED 3 TO 0.
PUBLIC HEARING TO SOLICIT CITIZEN COMMENTS CONCERNING AN AMENDMENT TO THE
2010 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC RECOVERY PROGRAM AND
APPROVAL OF AMENDMENT
Community Development Plarmer Wanda Coston reported that in accordance with Community
Development Block Grant (CDBG) Program regulations, a public hearing must be held to solicit citizen comments
concerning a budget and program amendment to the 2010 Economic Recovery Program for New Hanover County.
Economic Recovery program fiords must be used to address the most critical housing needs of very low-income
households residing in the unincorporated county.
The amendment proposes to reallocate fiords from reconstruction assistance to relocation assistance, as
reconstructing a house on the existing parcel is no longer an option due to a conflict in ownership. As a result, the
beneficiary will have to be permanently relocated to a different parcel. Relocation assistance will involve the
construction of a house on the newly identified parcel.
Chairman White opened the Public Hearing to receive comments. He noted that no one had signed up to
speak on this item, closing the Public Hearing and requesting direction from the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 19,2013 PAGE 689
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to approve the amendment to the
2010 Community Development Block Grant Economic Recovery program for New Hanover County as presented.
Upon vote, the MOTION CARRIED 3 TO 0.
A copy of the grant application amendment is available for review in the Planning Department.
ADOPTION OF BUDGET ORDINANCE AMENDMENT 14-007 ACCEPTING DUKE ENERGY
PROGRESS MERGER SETTLEMENT FUNDS FOR DUKE ENERGY PROGRESS LOW-INCOME
RETAIL ELECTRIC CUSTOMERS
Department of Social Sei ices Assistant Director Wanda Marino presented the request for the Board's
consideration to adopt Budget Ordinance Amendment 14-007 accepting Duke Energy Progress merger settlement
fiords in the amount of$487,227. The disbursement is part of an order issued by the NC Utilities Commission on
June 29, 2013, to the Department of Social SeivIces to provide assistance to Duke Energy Progress' low-income
customers. The piimaiv use of the fiords is limited to delinquent bills, deposits and hookups. No more than 7%
($34,105)may be used for administrative costs necessary to disburse the fiords. No County match is required.
After brief discussion,hearing no firther comments, Chairman White requested direction from the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson, to adopt Budget Ordinance
Amendment 14-007 accepting Duke Energy Progress merger settlement fiords in the amount of $487,227 to the
Department of Social Sei ices to provide assistance to Duke Energy Progress' low-income customers as presented.
Upon vote, the MOTION CARRIED 3 TO 0.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXVI,Page 14.5.
NEW HANOVER COUNTY PLANNING BOARD ANNUAL UPDATE
New Hanover County Plarming Board Chairman Richard Collier reported that one of the roles of the
Plarming Board is to hear zoning requests and text amendments proposals and make recommendations to the Board
of Commissioners for approval or denial. He provided an overview of the zoning requests and text amendments that
have been deliberated over the past year.
On behalf of the Board, Chairman White thanked Mr. Collier for the update.
NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL ANNUAL UPDATE
New Hanover County Juvenile Crime Prevention Council Chairman Tommy Taylor presented the armual
update highlighting that key fimding priorities for Fiscal Year 2013-2014 continue to be Psychological Sei ices,
Community Sei ice and Restitution,Home-Based Family Counseling and Teen Court.
On behalf of the Board, Chairman White thanked Mr. Taylor for the update.
NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2012-2013 FINAL REPORT
PRESENTATION
Planning Manager Shawn Ralston presented an overview of the New Hanover County Water Quality
Monitoring Program Fiscal Year 2012-2013 Amoral Report highlighting the following information:
• New Hanover Comit-v surface waters include:
• Groundwater
• Cape Fear River
• Tidal Creeks
• Intracoastal Waterwav
• Atlantic Ocean
• New Hanover County water quality monitoring:
• 1993: Continued closures of shellfish waters
• Impacts to County economy,fixture growth,fishing,recreational activities,tourism
• Monthly water quality monitoring program
• Address public health concerns:
• Measure overall health of watersheds and respond to downward trends through policy, direct
control efforts and determine whether controls are working.
• Policy 1.1 -Make every effort to prevent firther deterioration of estuarine water quality and loss
of public trust uses in the creeks and sounds and improve water quality in all surface water bodies
so that each water body meets its use designation as determined by the Divisions of Water Quality,
Marine Fisheries,Health,and Environmental Protection agency.
• Policy 1.2 -Maintain water quality levels in all surface water bodies once their use designation has
been achieved.
• Policy 1.5 -Provide firrther protection and improvement of water quality through revisions to City
and County ordinances that specify standards for water quality, buffers, setbacks, density,
impei ious surface, and overlay corridors. Such standards should consider estuarine, lake, river
and stream water quality: and should build upon existing information, including the Cape Fear
Basinwide Plan,and ordinances.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 19,2013 PAGE 690
• Policy 1.6 - Employ stormivater BMP retrofits to mitigate eater quality impacts resulting from
existing development.
• New Hanover County Water Quality Task Force:
• Data Clearinghouse
• Issues/Action Items
• Representatives:
• NHC Plamring/Environmental Healtlr/Engineering
• City Plaiming/Stormivater
• NCDENR Surface Water Protection/Shellfish Sanitation/Recreational Water Quality/NPDES
• CFPUA
• UNCW Lower Cape Fear River Program/Center for Marine Science
• Town of Wrightsville Beach
• New Hanover County Water Quality Policy Initiatives:
• No Discharge Zone
• Low Impact Development
• Exceptional Design Zoning District
• Septic systems
• Continued coordination with CFPUA
• Water quality improvement projects(BMPs)
• Comprehensive plan
Coastal Planning and Engineer Brad Rosov continued reporting that 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 was deemed ``good" in all creeks with the exception of Pages Creek and Prince
Georges Creek where their levels, on average,were considered to be``poor."
• Levels of enterococci were deemed problematic within a number of watersheds. Five of the
watersheds were rated as``poor" including Barnards Creek,Motts Creek, Pages Creek,Prince Georges
Creek,and Smith Creek. Futch Creek and Lords Creek were deemed``good" and"fait"respectively.
• 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.''
• Long-term trends reveal that 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.
• Source Tracking Study:
• Four sites with chronically high Enterococci bacterial levels were assessed
• Six rain events were assessed yielding 88% of the samples with strongly positive results for at
least rivo of the three human fecal contamination markers indicating that there is a strong
likelihood for the presence of human fecal contamination.
• Conclusions:
• During the 2012-2013 sampling season, turbidity and Chlorophyll-A levels were deemed to be
good in all creeks,while bacteria and dissolved oxygen levels varied between creeks.
• Human-borne fecal contamination has been identified within several creeks. Additional testing to
help direct potential remediation measures are recommended.
After a brief question and answer period, Chairman White, on behalf of the Board, thanked Ms. Ralston
and Mr.Rosov for the update.
A complete copy of the Water Quality Monitoring Report for FY 2012-2013 is available for review in the
Plaiming Department and on the Planning Department's webpage.
ADOPTION OF RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR
THE TRANSPORTATION ALTERNATIVE PROGRAM-DIRECT ATTRIBUTABLE
Planning Manager Shawn Ralston presented the request for the Board's consideration to adopt the
resolution authorizing staff to submit an application to the Wilmington Metropolitan Plaiming Organization for grant
fiords in the amount of$90,000 to ftrrther extend the Middle Sound Greemvay to a residential development slated to
be constructed along Middle Sound Loop Road. Extension of this geemvay is included in the recently adopted
Wilmington/New Hanover County Comprehensive Greemvay Plan. The new development, Middle Sound Village,
has pledged $15,000 towards the construction of bicycle/pedestrian facilities from their development to Ogden
Elementary: their private contribution will be used towards a 20% cash match required. The remaining $7,500
required for the match will be provided through the County's Recreation/Open Space Payment In-Lieu Account.
This will leave$95,033.76 in the Recreation/Open Space account. The total project is estimated to cost$112,500.
Hearing no ftrrther comments, Chairman White requested direction from the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Dawson,to adopt the resolution authorizing
staff to submit an application to the Wilmington Metropolitan Plaiming Organization for grant finds in the amount
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 19,2013 PAGE 691
of $90,000 to extend the Middle Sound Greemvay to a residential development slated to be constructed along
Middle Sound Loop Road with the required match in the amount of $7,500 provided through the County's
Recreation/Open Space Payment In-Lieu Account as presented. Upon vote, the MOTION CARRIED 3 TO 0.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXVI,Page 14.6.
COMMITTEE APPOINTMENTS
Appointments to Library Advisory Board
Chairman White reported that vacancies exist on the Library Advisory Board with three applicants eligible
for reappointment and additional applications available for consideration and requested nominations from the Board.
Vice-Chair Dawson nominated Elizabeth Stanfield and Virginia Teachey for reappointment and Harriet
Smith and Bradford L. Walker for appointment to seine three-year terms and nominated Denise Chadurjian to seine
the unexpired term.
Commissioner Barfield offered a substitute motion nominating Nancy Ballard Cox,Elizabeth Stanfield and
Virginia Teachey for reappointment and nominated Harriet Smith and Bradford L. Walker for appointment.
Hearing no second to the substitute motion, Chairman White seconded the original motion.
Vote Results: The Board voted 2 TO 1 to reappoint Elizabeth Stanfield and Virginia Teachey and appoint Harriet
Smith and Bradford L. Walker to seine three-year terms on the Library Advisory Board with the terms to expire on
August 31, 2016 and appoint Denise Chadurjian to seine an unexpired term on the Library Advisory Board with the
term to expire on August 31,2015. Commissioner Barfield voted in opposition.
Appointments to the Risk Management Advisory Committee
Chairman White reported that Avo vacancies exist on the Risk Management Advisory Committee with Avo
applications available for consideration and requested direction from the Board.
Commissioner Barfield nominated Emily S. Goodman for appointment and Ronald H. Woodruff for
reappointment. The nominations were seconded by Vice-Chair Dawson.
Vote Results: The Board voted 3 TO 0 to appoint Emily S. Goodman and reappoint Ronald H. Woodruff to seine
three-year terms on the Risk Management Ads-ismy Committee with the terms to expire on September 1,2016.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman White announced no one had signed up to make comments on non-agenda items.
ADJOURNMENT
Hearing no firrther business, Chairman White adjourned the meeting at 10:25 a.m.
Respectfirlly submitted,
Sheila L. Schult
Clerk to the Board
Please mote that the above minutes are riot a verbatim record of the l ew Hanover Couno)Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all Aei-Hanover Coulio)Libraries and
on innr.nhcgov.com H('Live or innr.nhcgov.com )gges.B0('%aspy