2015-08-13 Agenda Review
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 349
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review on Thursday, August 13, 2015,
at 4:00 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center
Drive, Wilmington, North Carolina.
Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairman Beth Dawson; Commissioner Skip
Watkins; Commissioner Woody White; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Teresa Elmore.
Chairman Barfield called the Agenda Review meeting to order and announced that the purpose of the meeting
is to review and discuss the Board’s agenda items for the August 17, 2015 Regular Meeting with discussions as noted:
Consent Item 5. Sanders Settlement.
Deputy County Attorney Sharon Huffman reported that a lawsuit
was filed against the County and the Sheriff’s Office from an inmate about the food service. The lawsuit was tendered
to the food service company at the detention center, who accepted, handled and paid $5,000.00 to settle the claim.
The County did not pay any portion of the settlement, but the agreement must be entered into the record as required
by statute. No other action is required.
Consent Item 7. Adoption of a Resolution to Dispose of Surplus Property Specific to Fire Services and
Wave Transit According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article
12
. In response to questions on whether any of the items were useable by another department or agency, Deputy Fire
Chief Cliff Robinson reported that the items were older worn out equipment, not standard issue equipment, or no
longer needed.
Consent Item 8. Approval to Purchase a Replacement Fire Pumper in the Amount of $594,022 from
Atlantic Emergency Solutions and to Sell a 2005 E-One Fire Engine as Approved in the FY15-16 Budget.
Deputy Fire Chief Cliff Robinson reported that the new truck has not been assigned to a specific fire station as an
analysis would determine where it should be placed based on usage and demand.
Regular Item 14. Consideration of a Resolution Recognizing Foster Norman for Thirty-Nine Years of
Public Service.
Vice-Chairman Dawson will present the resolution to Mr. Norman.
Regular Item 15. Consideration of Prostate Cancer Awareness Month Proclamation.
Chairman
Barfield will read the proclamation.
Regular Item 16. Consideration of National Ovarian Cancer Awareness Month Proclamation
.
Commissioner Zapple will read the proclamation.
Regular Item 18. Presentation of Certificate of Achievement for Excellence in Financial Reporting
.
Chief Financial Officer Lisa Wurtzbacher was congratulated for the continued achievement in financial reporting.
The County has received the recognition for 34 consecutive years.
Regular Item 22. Consideration of Amendment 2 to the Interlocal Agreement between New Hanover
County and the Cape Fear Public Utility Authority (CFPUA) Regarding Marquis Hills and Heritage Park
Sewer Extension Projects.
Assistant County Manager Tim Burgess reported that the agreement is amended to show
the revised cost of the project at $17,939,428. The County’s loan amount for the project has not changed from the
$15.1 million but the agreement will reflect the increased cost. The Heritage Park project should be completed in
October 2015 and the Marquis Hill project is scheduled for completion in October 2016.
Regular Item 23. Presentation of Plans for the Renovation of the Library Park Adjacent to the Main
Library.
A brief discussion was held on the design plan and the usage of the park noting that the park will be more
open with the removal of a wall and the slope taken down to grade.
Regular Item 24. Public Hearing: Zoning Ordinance Text Amendment (A-421, 4/15) - Request by
Greg Heafner on Behalf of Oxford House, Inc. to Amend Section 23, Definitions, to Define Disabled Persons
and Group Homes and Section 50, Table of Permitted Uses, to Permit the Use By Right in the PD, R-20S, R-
20, R-15, R-10, R-7, AR, and RA Zoning Districts.
Current Planning and Zoning Supervisor Ben Andrea gave a
brief overview of the request and responded to questions. He handed out additional information from the petitioner’s
attorney. Commissioner Zapple expressed concern that the text amendment would make a major change to the
community by allowing group homes by right and he wanted assurance that sex offenders would not be protected
under the definition for disable persons. Commissioner White requested a color-coded map for Monday’s meeting
showing the number of group homes allowed under the proposed ordinance and he requested Deputy County Attorney
Huffman be prepared to give a legal analysis of the court cases and to explain the County’s possible legal liability if
group homes are not allowed.
Commissioner White left the meeting at 4:35 for a meeting of the Cape Fear Community College Board of
Trustees.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 350
Regular Item 25. Public Hearing: Rezoning Request (Z-942, 7/15) – Request by Cindee Wolf of Design
Solutions on Behalf of the Krueger Family Trust, Property Owner, and Stephen Fasul, Contract Purchaser, to
Rezone 3.15 Acres Located at 7755 Market Street from R-15, Residential District, to (CZD) B-2, Conditional
Highway Business District, to Develop a Mini-Warehouse Use.
Current Planner Brad Schuler presented a brief
overview of the item and responded to questions. The Planning Board and Staff recommend approval with conditions.
Regular Item 26. Public Hearing: Consideration of New Hanover County Comprehensive Plan -
Chapter 3: Framing the Policy of the Comprehensive Land Use Plan.
County Manager Coudriet reported that a
public hearing would be held at the meeting; however, the Board would not be requested to vote on the issue until the
Board’s September 14, 2015 meeting. Long-Range Planner Jennifer Rigby provided a brief overview of the process
explaining the work of the Citizen Advisory and Theme Committee members, the Planning Board’s review and
comments and management’s input.
Staff updates:
Transportation Update on Rail Feasibility Study
Wilmington Councilwoman Laura Padgett reported that the Commissioners along with Wilmington City
Council and the Transportation Advisory Council adopted a resolution approving a feasibility study on relocating the
rail near the ports to another route over the river and north to US Highway 421 instead of a route through the City.
Glenn Harbeck, Director of Planning, Development and Transportation with the City of Wilmington, has prepared a
study showing a potentially exceptional opportunity for consideration. She recognized the significant assistance from
John Cease with Clear Track Ahead for his expertise about the rail industry.
Glenn Harbeck, Director of Planning, Development and Transportation with the City of Wilmington
presented a study on Moving the Rail, Transforming Greater Wilmington - An Economic and Community Development
Opportunity, a plan to relocate the rail from the center of the city and adding a trolley route, highlighting the following:
Reasons to explore the possibilities of moving the rail:
1. Regional economic development
2. Improved service to port
3. Accommodating future growth without gridlock
4. Transforming Wilmington and Southeastern North Carolina
5. Using taxpayer dollars most effectively
Reasons why old train route no longer relevant:
Path of the rail line forms a large “V” in the center of the city
At one time the line wrapped around the city limits
Freight trains in the heart of Wilmington
32 street crossings with more than 180,000 vehicle crossings per day
A Good Challenge - Port Business Up:
Port bulk tonnage to increase by 15% by 2020
Break-bulk tonnage to increase by over 100% by 2020
Wood pellet export facility to add three trains per week
Vertex to ship 4,000 to 5,000 rail cars annually
Improving our regional economy
A Not So Good Challenge - Community Impacts:
Safety issues, derailments, liability
Horn blasts at 30+ crossings
Trains sound off during sleeping hours
Quiet zones not feasible – costs of more than $250,000 per crossing
A Costly Challenge Rail-Driven Road Design for Independence Boulevard Extension:
Road must be elevated as it crosses the rail twice
Doubling the cost to taxpayers: $75 million increases to $150 million
City Council supports the need but not the impact of the elevated design
Implementation of Market Street diet is also tied to the Extension
Another Challenge - The “Last Mile:”
Least efficient portion of rail shipment
Up to 28% of total cost to move goods
Track conflicts with and adds to urban congestion
After rail is moved - add trolley to old rail route
Benefit for freight rail:
Reduced liability/crossing conflicts
No costly crossing maintenance
Direct access to Port of Wilmington
Eliminates “last mile” problem
New tracks handle heavy hopper cars and double stack trains
No human settlements anywhere near the proposed track and complaints would stop
Benefits for Regional Economic Development:
Wilmington Port more competitive nationally
Growth in port volumes more easily accommodated
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 351
Adds direct rail service to U.S. Highway 421, leveraging water and sewer investments
Benefits for Community Development:
Southside commercial and residential development
No more freight trains and horns through the heart of the urban area
Shift to rail from trucks saves road infrastructure
Reduces truck traffic in or near neighborhoods
Trolley service allows for affordable, accessible housing
Benefits for Downtown Investment vs Parking Lots and Decks:
10,000+ employees downtown and growing
7,500 CFCC students and growing
5,000 visitors, conventioneers and growing
1,000’s of new housing units and residents coming
Several new hotels, many restaurants, retail returning
New Performing Arts Center
Major events at new park
The Flip Side - Who would ride the trolley:
10,000 housing units and 20,000 persons within ¼ mile of the proposed trolley line today
Who would ride the trolley: bankers, maids, lawyers, waiters, students, business owners, concert
goers and those who would not ride a bus
Benefits for Regional Transportation:
No more rail traffic tie ups
10+ mile parallel greenway
Well located trolley line
Passenger rail compatibility
Future commuter service to Brunswick County - Leland and Belville
Independence Boulevard and Market Street road diet made feasible
20,000+ employees, students, visitors could go downtown without cars
Rail-related Use of Taxpayers’ dollars:
Love Grove Second Access - already committed $6,000,000
Down payment on street closings and “improvements” $8,000,000 or more
Independence Boulevard Extension (elevated) $75,000,000 more
Quiet Zones at $250,000+ per crossing (millions)
Perpetual maintenance of dozens of street/rail crossing
Governor’s 25-year Vision - “Expand mass transit options in high growth areas, including rail”
Those with reasons to support:
US Department of Defense - Secure, rapid response deployment
NC General Assembly - Statewide economic development
Governor of NC - Implementation of Transportation Vision
NC State Ports - Competiveness and revenues
NC Rail Division - Improved rail access plan to Port
CSX/Wilmington Terminal Rail - Less liability, lower cost, greater profits
Emerging Industries - Efficient transportation services
Federal Transit Administration - Pilot/demonstration project
Wilmington and NHC Economic Development – Develop tax base and infrastructure
Brunswick, Leland, and Belville - Congestion relief to bridge
Neighborhoods - Quality of Life/Trolley Service
Housing Advocates - Greater buying power from transportation savings
Environmental Advocates - Air and water quality benefits
The Plan is to relocate the rail, insert the trolley using the same gauge rail, and keep Wilmington
moving.
Director Harbeck responded to questions explaining that the feasibility study would provide the cost figures
for the project and that lift bridges could be used for crossing the river. Councilwoman Padgett reported that they
have talked with NCDOT in Raleigh and they have looked favorably on the project.
Chairman Barfield thanked Councilwoman Padgett and Director Harbeck for the report.
Presentation on the Cape Fear Transportation 2040 Plan
Wilmington Transportation Planner Suraiya Rashid updated the Commissioners on the Cape Fear
Transportation 2040 Plan, highlighting the following:
Federal Government created Metropolitan Planning Organizations to develop regional transportation
planning for urbanized areas
Metropolitan Transportation Plan Requirements:
Multi-modal transportation needs analysis
Demographics, land use and travel patterns
Public involvement (4,000+ survey responses)
Plan must cover 20 year minimum – plan covers 25 years
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 352
Fiscal constraint – based on estimated funding projections
Basis for State Improvement Plan
Current Update due December 2015
Metropolitan Planning Organizations (MPO) and the Citizens Advisory Committee have been working
for two and half years
Elements of Plan Structure:
Executive Summary
Introduction
Greater Wilmington Area Profile
Public Involvement
Financial Analysis
Mode-Specific, Travel Demand Model, and Transportation Systems Management Elements
Environmental Analysis
Appendices
Modes Analyzed:
Aviation:
Largely dependent on ILM Airport
WMPO role to help coordinate state match through state funding mechanisms
Connections with other modes as well
Bicycle and Pedestrian:
Subcommittee composition: WMPO BikePed Committee, area bicycle/pedestrian experts and
representatives from the disabled community
Biking and walking as fundamental to other modes
Huge community support in survey and in local long-range planning efforts for comprehensive
planning efforts
Ferry and Water Transportation:
Worked with state and local officials on existing ferry routes
Shows unbudgeted ferry routes that could benefit the community
Freight/Rail:
Subcommittee Composition: NC Port of Wilmington, CSX, WTRY, local economic
development organizations
Smaller steady source of freight dollars in the form of one-time surges/opportunities
Essential for region’s economic competitiveness with seaport, airport and military bases
Element covers Truck and Rail projects and policies
Mass Transportation:
Subcommittee Composition: WAVE Transit, Brunswick Transit, PAS-Tran, Wilmington
Housing Authority, UNCW
Focused on capital improvements
Increase ridership by enticing choice riders, boost service for overall system
Amenity improvements (shelters, benches, trash cans)
Access improvements (pedestrian networks, crosswalks)
Roadways:
Subcommittee Composition: NCDOT, City of Wilmington Traffic Engineers, local land use
experts (NHC Planning Director, Pender Planning Director, Leland Town Manager)
Accommodate additional capacity needed to meet socioeconomic trends, growth of people and
goods movement
Upgrades/balance to service an increasingly diverse population of transportation users to
include cyclists, pedestrians, trucks – with different needs and interactions
Contains relatively few widening, mostly new location - increase choices for all roadway users
Includes Travel Demand Management and Transportation Systems Management
Environmental Analysis
Adoption and Implementation – 2015 Schedule:
Final Steps:
Jurisdictional adoption
Final adoption anticipated December 9, 2015
Implementation of the Plan:
Funding through State Transportation Improvement Plan
Development review process
Fiscal Constraint Requirement:
Element details funding assumptions for expected funds available to our region per mode
Alternative funding mechanisms - expected revenue generation
Ms. Rashid said that she would provide staff and the Commissioners information on the anticipated fiscal
constraints estimating $1.9 billion from NCDOT for 2015 – 2030.
Chairman Barfield thanked Ms. Rashid for the update and congratulated her on her promotion to Senior
Transportation Planner.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
AGENDA REVIEW MEETING, AUGUST 13, 2015 PAGE 353
Request for Grant Funding for the Heritage Park Water and Sewer Project
Planning and Inspections Director Chris O’Keefe reported that the County has an opportunity to apply for
Community Development Block Grant (CDBG) funding through the NC Department of Environment and Natural
Resourcesfor thewater and sewer connection project in the Heritage Park area. If awarded, the grant would be used
to offset some of the $6,500 cost for the homeowners. Staff will proceed immediately with a preliminary survey to
determine the percentage that meet the income level through a mail out and a community meeting. If 51% or more of
the residents/owners meet the low and moderate income levels and at least 75% respond, then the grant application
would be prepared. If the neighborhood is eligible, the grant application would be placed on the September 14, 2015
agenda for the Board’s consideration. The grant application will need to be submitted no later than September 30,
2015.
The Commissioners were very appreciative of staff finding the grant opportunity for the residents and urged
staff to move quickly to meet the deadline.
Change in Location of Board Meetings
County Manager Coudriet announced that the Regular Board Meetings will be held at the Government Center
for the next three meetings while electronic equipment is being replaced at the downtown meeting room.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 5:35 p.m.
Respectfully submitted,
Teresa P. Elmore
Clerk to the Board
Please note that the above minutes are not a verbatim record of the
New Hanover County Board of Commissioners meeting.