2016-01-19 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 448
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, January 19, 2016 at
9:00 a.m. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; 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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Father Jon Emanuelson, St. Nicholas Greek Orthodox Church, provided the invocation and Vice-Chairman
Barfield led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent
Agenda.
Hearing no comments, Chairman Dawson requested a motion to approve the Consent Agenda.
Motion:
Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes of the Agenda Review Meeting of December 30, 2015 and the
Regular Meeting of January 4, 2016, as submitted by the Clerk to the Board.
Approval of the Revised Edition of the Records Retention and Disposition Schedule for the Sheriff's Offices as
Issued by the NC Department of Cultural Resources (DCR) – Sheriff’s Office
The Commissioners approved the November 15, 2015 Edition of the Records Retention and Disposition
Schedule for the Sheriff's Offices as issued by the NC Department of Cultural Resources (DCR). According to NCGS
121-5 and 132-3, agencies may only destroy public records with the consent of the Department of Cultural Resources
(DCR). Without approving the schedule, agencies are obligated to obtain permission to destroy any record, no matter
how insignificant. A copy of the Records Retention and Disposition Schedule for the Sheriff's Offices is available at
the Sheriff’s Office.
Adoption of Amendments to the New Hanover County Code of Ordinances, Chapter 8 – Legal Department
The Commissioners adopted amendments to Chapter 8, Minimum Standards for General Aviation Services
of the New Hanover County Code of Ordinances as requested by the New Hanover County Airport Authority. The
changes will ease a number of restrictions placed on aviation service providers and possibly make doing business with
the airport more practical.
A copy of the ordinance amending Chapter 8 of the New Hanover County Code of Ordinances is hereby
incorporated as a part of the minutes, is contained in Exhibit Book XL, Page 2.1, and will be codified into the New
Hanover County Code of Ordinances.
Approval for Leading Into New Communities, Inc. (LINC) to Apply for Grant Funding from the N.C.
Governor's Crime Commission with New Hanover County as the Applicant Agency – Finance Department
The Commissioners approved the request by Leading Into New Communities, Inc. (LINC) to apply for grant
funding from the N.C. Governor's Crime Commission in the Criminal Justice Improvement, Gang Prevention and
Intervention Category with the County as the Applicant Agency. The grant request is $150,000 for year one and does
not require a County match. Another request will be submitted for year two in the same amount. The purpose of the
grant is to begin a residential facility (boarding school) to house African American males, ages 16-19, awaiting
adjudication. The program will divert males from the county jail to a secure, structured residential setting with
probation supervision, and an educational program to prevent further gang activity and other criminal activity by
focusing on employment readiness and life skills.
Approval of New Hanover County Board of Education General Fund Budget Amendments 3 and 4 – Strategy
and Budget Department
The Commissioners approved the following Board of Education’s budget amendments:
Budget Amendment #3 appropriates $388,375 of fund balance for renovations of JC Roe Elementary
School. The Capital Outlay Fund Budget Amendment reduces the lottery budget by $28,523 to correct
for carryover expenses, reallocates $825 of local funding to finalize the Roe renovation budget, reduces
the Myrtle Grove Middle School - Phase I HVAC project and fund balance appropriation by $53,000.
The budget amendment also transfers $597,781 of funding from the Hoggard High School Additions
and Renovations bond fund project to the Laney High School Additions and Renovations bond fund
project, and reduces the Codington Elementary School HVAC Improvements bond project by $16,088
and Eaton Elementary School HVAC Improvements bond project by $17,423 to correct for carryover
expenses previously incurred and to align budget for scope of work.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 449
Budget Amendment #4 revises the list of bond projects in the Capital Outlay Fund based on an updated
roof replacement schedule and increases the New Hanover High School bond renovation project to
include adding air conditioning to Brogden Hall.
Adoption of a Resolution in Support of Permanent Repairs to Edgewater Club Road – County Manager’s
Office
The Commissioners adopted a resolution in support of NCDOT making necessary improvements by
constructing a permanent repair on Edgewater Club Road to include a paved elevated section of roadway with larger
and additional storm drainpipes.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL,
Page 2.2.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF SERVICE AWARDS TO EMPLOYEES AND INTRODUCTION OF NEW
EMPLOYEES
County Manager Coudriet requested the following employees to step forward to receive service awards:
Five Year: Lorain Mendleson, Department of Social Services
Ten Year: Yolanda Boynton-Devane, Finance Department
Avril Pinder, County Manager’s Office
Twenty–Five Year: John Blume, Department of Social Services
Nancy Broughton, Property Management Department
Diane Morgan, Legal Department
Chairman Dawson presented a service award to each employee and the Commissioners expressed
appreciation and thanked each one for their years of dedicated service.
County Manager Coudriet requested the following new employees to step forward and be introduced:
Joshua Abbott, Fire Services
Candia Bethea, Emergency Management/911
Nina Britt, Emergency Management/911
Shelly Brodsky, Department of Social Services
Christina Clair, Health Department
Stephanie Clark, Department of Social Services
Peggy Dalley, Emergency Management/911
Kristen Diehl, Emergency Management/911
Stephanie Ethridge, Department of Social Services
Rebecca Gray, Department of Social Services
Amanda Gupton, Department of Social Services
Casey Heflin, Sheriff's Department
Lisa Iezzi, Department of Social Services
Crystal Jasper, Sheriff’s Department
Keisha Leonardo, Emergency Management/911
Justin Lockhard, Emergency Management/911
Brenda McRae, Property Management
Angelina McSweeney, Emergency Management/911
Lea Morales, Emergency Management/911
Marcy Norris, Emergency Management/911
Victoria Pace, Department of Social Services
Sherri Sellars, Department of Social Services
Annice Sevett, Public Library
Christopher Smith, Emergency Management/911
Tamara Smith, Emergency Management/911
Scott Steinhilber, Strategy and Budget
Crystal Tracy, Emergency Management/911
Heather Walger, Department of Social Services
Jessica Wambach, Emergency Management/911
Marcus Watkins, Emergency Management/911
Maureen Williams, Emergency Management/911
Julia Woodrum, Department of Social Services
Dvana Young, Department of Social Services
On behalf of the Board, Chairman Dawson welcomed the employees to County Government and wished
them success in their new positions.
Chairman Dawson welcomed Sheriff Ed McMahon, Judge Jay Corpening, and former Wilmington Mayor
Don Betz in the audience.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 450
TRILLIUM HEALTH RESOURCES PRESENTATION OF PROGRAM TO ADDRESS SUBSTANCE USE
DISORDER AND APPROVAL OF COURSE OF ACTION
Chief Strategy and Budget Officer Beth Schrader reported that the Commissioners adopted a resolution
supporting Stepping Up Initiatives at the October 19, 2015 Board meeting and the proposal by Trillium Health
Resources is designed to address some issues with mental illness and substance use disorders in the county jail and
delay the need for the construction of a new jail facility.
Leza Wainwright, CEO of Trillium Health Resources, presented a proposal for a potential partnership to
bring Healing Transitions, an evidence-based recovery and front-end diversion program to New Hanover County:
Healing Transitions Program – A new resource for recovery in Southeastern North Carolina
The Need:
New Hanover Regional Medical Center admissions of patients with substance use issues:
2013 = 261; 2014 = 490; 2015 = 573
Mental health admissions with substance abuse disorders = 14%
Presented data from county jails on substance use disorders housed in 4 of the 5 county jails:
Average population of New Hanover County jail is 573 per day at a cost of $80 per inmate
65% of average population have a drug or alcohol problem:
Annual cost to house in jail = $11 million
37% or 138 of the average population would qualify for a diversion program:
Average number of days individuals stay in jail exceeds a year
Estimated cost to transport inmates from April 2014 to March 2015 to behavior health facilities
throughout the state:
Staff Time: $195,599 for 730 trips in a 12 month period
Staff hours spent transporting from New Hanover County to locations throughout the state:
2,845.1 hours
Average of 14 trips/week
Average trip is 4 hours in duration
Average trip is 200 miles
Total miles for transport in 2015: 175,260 X .575 (IRS allowable reimbursement rate) =
$100,774.50
The Solution: The Healing Transitions Program:
Recovery and rehabilitation facility for people with alcohol and drug dependency
Three specific components:
Overnight, emergency “wet” shelter
Social setting detoxification program
Long-term residential peer run recovery program
Originally established in Louisville, KY in 1989
Healing Transitions of Wake County, previously The Healing Place of Wake County, has been in
operation for nearly 15 years
The Cost and Outcomes:
Cost less than $35/day
More than 70% of people who graduate from the program are clean and sober one year post-
graduation:
Five times more successful than the national average
Significantly reduced arrests, incarcerations, and EMS transports due to substance use disorders:
Jail Diversion – police drop people off at The Healing Transitions
Will accept people who are intoxicated up to a blood alcohol content of 3.9%
Accepts and understands that recovery is not linear – people may re-enter program as often as
it takes to succeed
Case Study - Arrests for Willie:
Arrested 20 times in 2000, 5 times in 2001, 26 times from 2003-2010 and has not been arrested
since 2011
Case Study – Emergency Management Services Transports for Joe:
52 days in Healing Transitions in 2010, 143 days in 2011, 225 days in 2012, 17 days in 2013 and
45 days in 2014
70 transports in 2010 ($75,600 cost), 50 transports in 2011 ($54,000 cost), 18 transports in 2012
($19,440), 6 transports in 2013 ($6,480), and no transports in 2014
Added benefit for reduced cost is Joe not being transported
Return on investment to society: $4 million from alumni able to hold good jobs and contribute to
paying taxes
The Proposal: Create a Healing Transitions for Southeastern NC in New Hanover County:
Replicate the program in New Hanover County:
Healing Transitions International (formerly Healing Place of Wake County) will form a local
LLC, non-profit agency to operate program:
Recruiting local advisory board members
Will post position for Executive Director
Trillium Health Resources will fund the construction and furnishing of a 200+ bed facility and
the first year operating cost - construction would take approximately 18 months
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 451
Contract with The Healing Transitions Program of Wake County to lead development and
implementation
Funded mostly by donations; free for the patient; and cost is more than offset by their return to
society
In response to questions, Ms. Wainwright explained that Trillium’s profit from the Medicaid program would
be reinvested in the community. Wake County paid for the construction of their facility and the operating cost is
funded through philanthropic organizations, Wake Memorial Hospital and Wake County. The annual operating cost
for a 200-bed facility is approximately $2.5 million and the advisory board would work to secure the resources for
operating cost. Preliminary discussions have been held with New Hanover Regional Medical Center and
conversations will continue once the County considers a commitment. The facility is proposed for a regional service
with 200 beds, 25 would be guaranteed for New Hanover County for the diversion program. In the last few months,
21 county residents have gone to Wake County and many have successfully completed the program. County Manager
Coudriet noted that more than 25 County residents would benefit from the program, but the 25 is based on the goal to
slow the overall growth of the jail population, thereby deferring the cost of building a new jail.
Chief Strategy and Budget Officer Beth Schrader presented the following proposal of partnering with Coastal
Horizons and LINC:
Trillium Estimates: 138 inmates could qualify for the diversion program
Assumptions:
573 Average Daily Population (ADP) 1,300 inmates would qualify for diversion program
65% of ADP have a Substance Use Disorder (SUD)
37% with SUD could qualify for diversion program
Potentially eligible candidates for study period: July 1, 2013 – June 30, 2015:
Qualified candidate summary adult inmates
Classified as non-violent or inmate workers
No charges associated with methamphetamines, sex crimes, nonpayment of child support, and no
gang affiliation
Comparative analysis using Trillium assumption of 37% participation:
Male: 341 = 25 beds
Female: 125 = 10 beds
Annual cost for guaranteed beds = 25 beds at $35 per day at 365 days/year = $319,375
New 500 bed jail facility:
Estimated construction cost: $31,588,903
If jail construction delayed 1 year:
Cost of 25 beds at $35/day = $319,375
Debt service for jail = $2,411,903
Net avoided/delayed cost = $2,092,528 per year
Does not include expenses associated with additional required staff, facility operations and
maintenance, or variable inmate expenses.
Short term strategies to address needs:
Approximately 18 months to design, permit, and construct the “Healing Transitions” facility:
Use two local providers to help bridge the gap until the facility is operational:
Coastal Horizons – facility for men only:
10 beds / 180 days and 1 cohort
$60,000 for 180 days
LINC – facility for females:
5 beds / 90 day program and 2 cohorts
$24,300 for 180 days
Funds available in the Human Services Department budget
Requests for Board action:
Commit to fund operating expenses for 25 beds for a new substance use treatment facility for a
period of three years at an annual cost of $319,375:
Facility constructed and paid by Trillium Health Resources
Operated by Healing Transitions
Use $84,300 from the Human Services Department’s budget to fund 20 beds (10 males/10 females)
for 180 days beginning in January of 2016
In response to questions, Ms. Wainwright explained that a facility could be operational by late 2017 or early
2018. The Healing Transition facility in Pitt County is approximately 6 months ahead of the New Hanover County
facility and the same architect and similar design will be used for the New Hanover County facility. Ms. Wainwright
explained that the 200-bed facility in Greenville would primarily benefit the original 19 counties of East Carolina
Behavioral Health. Given the population in Southeastern North Carolina for the six counties in the southern region,
this proposed facility would predominately benefit residents of New Hanover County and estimates at least 100 out
of the 200 beds would have county residents any given night. The 25 beds is a guarantee to the County for the jail
diversion program. No discussions have been held with other counties at this point.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 452
Dennis Parnell of Healing Transitions in Wake County explained that the facility would serve people with
heroin, crystal methamphetamine and other addictions. The reason behind the success in Wake County is due to the
low barriers for people who enter the program. Some are unable to be admitted or unable to afford treatment at other
facilities. He estimated that Wake County saves $20 million a year through services provided by the sheriff’s
department, police department and emergency rooms because of the treatment. NHRMC has discussed the need for
a non-medical detox facility because of changes in healthcare laws to divert people from the emergency rooms.
Commissioner White commented that he was certainly aware of the need in the community for the facility
but questioned whether the County should commit general fund dollars to support the program when the hospital could
see greater savings in the emergency room and they may be more financially able to support the program.
Mr. Parnell answered questions on funding from the area hospitals in Wake County and said that NHRMC
may be interested in providing some funding because they currently have a $33 million problem in treating drug issues
in the emergency room. Ms. Wainwright agreed saying that in accordance with new health care laws, the hospital
would lose significant reimbursements if they do not deal with the drug issues in the emergency department.
County Manager Coudriet stated that staff’s focus has been on jail diversion with the objective to slow the
rate of growth in the jail. The County is ultimately responsible for paying for jail space and staff is asking the Board
for a minimum commitment to the proposal so that Trillium and Healing Transitions may know that the County is
serious about the project. If the County does nothing, it is reasonable to expect that staff will need to ask for $30
million in capital funds to build another jail within 36 months. The proposal will save bed space in the jail for five
years or more. Ms. Wainwright responded that the County’s commitment would be helpful to the Trillium Health
Resources Board in making the decision to invest $9 million to construct the facility.
Chairman Dawson commented that the proposed facility would be a tremendous asset for the County and
region and asked whether other stakeholders or community partners would like to comment.
Sheriff Ed McMahon expressed support for the program, but he was unsure that the numbers for the jail
diversion would occur. He was hopeful that the number of people going to jail would be reduced.
Margaret Weller of Coastal Horizons spoke in support of the program and said it would take a lot of support
from the County, NHRMC and community donations to sustain the program over time. As a provider of Trillium
Health Resources, Coastal Horizons was pleased to be a part of the process that will provide services for those who
suffer with substance abuse and mental health disorders.
Judge Jay Corpening stated that the Healing Transition program is greatly needed in the community whether
it saves money for the jail or the emergency room. Although the courts are finding ways to manage the jail population,
the proposed program would be another tool for the courts to use and a way for those with substance abuse or mental
illness to get treatment. In meetings with Judge Allen Cobb and County staff, they discussed the need to develop a
memorandum of understanding to clarify the types of minor offenses that would qualify for the program. Another
option for the diversion program may be at pre-trial for the next level of interaction. However, multi-disciplinary
groups and law enforcement will need to be a part of the discussion to determine a clear process for the officers.
County Manager Coudriet reiterated that the proposal for the $319,375 per year is a tool for managing the
jail population and it is not anticipated that the hospital or anyone else would commit to cover the total $2.5 million
operating cost. Although other partners will be at the table, the County would be just one of the participants.
Frankie Roberts of LINC, Inc. spoke in support of the Healing Transitions program and expressed
appreciation for County Manager Coudriet’s leadership in addressing substance use disorders in the community. He
was glad to be a part of the team and said it will require a large commitment from the whole community to address
the problems.
Chairman Dawson stated that the return on investment would be one of the most important that the County
will undertake and the proposal would have a tremendous impact on the County’s quality of life, public safety, and
reduction in crime. She requested direction from the Board.
Motion:
Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to approve the request for a
commitment to Trillium Health Resources to fund operating expenses for 25 beds in a new substance use treatment
facility for a period of three years at an annual cost of $319,375; and to fund $84,300 to support 20 beds (10 males
and 10 females) for 180 days beginning in January of 2016 by partnering with Coastal Horizons and LINC, Inc. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
: Chairman Dawson called a break from 10:54 a.m. until 11:20 a.m.
PRESENTATION ON WATER QUALITY MONITORING IN NEW HANOVER COUNTY - 2014-2015
ANNUAL REPORT
Brad Rosov of Coastal Planning and Engineering presented the 2014-2015 Water Quality Monitoring
Program Report for the seven creeks located within the unincorporated area of the County. The creeks monitored
include Barnards, Futch, Lords, Motts, Pages, Prince Georges and Smith Creek. Water quality samples were collected
and analyzed for biological, chemical and physical parameters from the following monitoring stations:
Barnards Creek – located in the western part of the County draining into the Cape Fear River:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 453
Parameter BC-CBR
Turbidity Good
Dissolved Oxygen Fair
Chlorophyll-A Good
Enterococci Good
Futch Creek – located in the northeastern part of the County draining into the Intracoastal Waterway:
Parameter FC-4 FC-6 FC-13 FC-FOY
Turbidity Good Good Good Good
Dissolved Oxygen Good Good Fair Fair
Chlorophyll-A Good Good Good Good
Enterococci Good Good Good Good
Lords Creek – located in the southwestern part of the County draining into the Cape Fear River:
Parameter LC-RR
Turbidity Good
Dissolved Oxygen Fair
Chlorophyll-A Good
Enterococci Good
Motts Creek – located north of Lords Creek draining into the Cape Fear River:
Parameter MOT-CBR MOT-ND Creek
Turbidity Good Good Good
Dissolved Oxygen Good Good Good
Chlorophyll-A Good Good Good
Enterococci Poor Poor Poor
More recent data seems to show improvement
Pages Creek – located in the northeastern part of the County draining into the Intracoastal Waterway:
Parameter PC-BDUS PC-BDDS PC-M Creek
Turbidity Good Good Good Good
Dissolved Oxygen Good Good Good Good
Chlorophyll-A Good Good Good Good
Enterococci Poor Poor Good Poor
Prince Georges Creek – northwestern part of the County draining into the Cape Fear River:
Parameter PG-CH PG-ML PG-NC Creek
Turbidity Good Good Good Good
Dissolved Oxygen Poor Fair Poor Poor
Chlorophyll-A Good Good Good Good
Enterococci Poor Poor Fair Poor
Smith Creek – located in the north central part of the County draining into the Cape Fear River
Parameter SC-23 SC-CD SC-CH SC-GR SC-NK Creek
Turbidity Good Good Good Good Good Good
Dissolved Oxygen Good Good Fair Good Good Good
Chlorophyll-A Good Good Good Good Good Good
Enterococci Fair Poor Good Poor Poor Fair
Summary Results 2014-2015
Parameter Barnards Creek Futch Creek Lords Creek Motts Creek
Turbidity Good Good Good Good
Dissolved Oxygen Fair Fair Fair Good
Chlorophyll-A Good Good Good Good
Enterococci Good Good Good Poor
Long-Term Ratings Dissolved Oxygen 2007-2015
Most creeks are doing well with the exception of Prince George, which has done poorly over time
Long-Term Ratings Enterococci 2007-2015:
Some improvement over the year for Smith Creek and Barnards Creek
Source Tracking Study:
2012-2013: Four sites with chronically high Enterococci bacterial levels were assessed:
MOT-ND, PC-BDDS, PC-BDUS and SC-CD
88% (21 of 24) of the samples yielded strongly positive results for at least two of the three
human fecal contamination markers indicating that there is a strong likelihood for the presence
of human fecal contamination.
2013-2014: Two sites with chronically high Enterococci bacterial levels were assessed:
MOT-ND and PC-BDDS
Five rain events were included in this assessment and assisted in the pathway of bacterial
contamination.
Human and gull contamination were observed. Results indicate that rising groundwater, and
subsequent connections among septic leachfields, or sewage/stormwater conveyance systems
could be playing a role in the delivery of fecal contamination to this system.
Conclusions:
During the 2014-2015 sampling season, water quality generally was similar as described during
previous years.
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REGULAR MEETING, JANUARY 19, 2016 PAGE 454
Turbidity and Chlorophyll-A levels were deemed to be good in all creeks, while bacteria and
dissolved oxygen levels varied.
No detectable ammonia was observed in any samples.
Regarding questions on the sewage line exfiltration at Pages Creek, Mr. Rosov explained that two sites had
high levels of Enterococci and it may be due to sewer infrastructure located near the monitoring sites, ditches in the
area transporting the material, or an abandoned septic system. When smoke testing the infrastructure three years ago,
the report came back with no anomalies or problems.
Planning and Inspections Director Chris O’Keefe reported that the County does use the report to identify
problems areas. As a result:
Signs were posted at the boat ramp at Pages Creek warning people that the waters may be contaminated.
Source tracking in Marquis Hill resulted in the Cape Fear Water and Sewer Authority and the County
converting septic systems to sewer service, which should have a direct impact on improving pollution
levels in Motts Creek.
Develop implementation strategies in Plan NHC that will lead the County into better water quality in the
creeks and streams.
Create a water quality round table of several local agency groups to discuss problem areas.
Promote best management practices through the development process to encourage low water runoff.
Primary goal to preserve and protect water quality and water supply.
On behalf of the Board, Chairman Dawson thanked Mr. O’Keefe and Mr. Rosov for the report and requested
to be updated on any significant improvements in the creeks.
NEW HANOVER COUNTY COMPREHENSIVE PLAN – PRESENTATION AND ADOPTION OF A
RESOLUTION APPROVING CHAPTER 4: VISUALIZING THE FUTURE AS A PART OF THE
COMPREHENSIVE PLAN
Chairman Dawson announced that a public hearing was held on December 14, 2015 and the item was tabled
for additional information regarding Chapter 4 of the Comprehensive Plan. She requested staff to present their
findings.
Long Range Planner Jennifer Rigby provided an update on the coordinated efforts between the City and
County on their respective comprehensive plans. Both City and County staffs have coordinated significantly through
both planning processes, hosting joint meetings and participating in both processes by serving on each other’s steering
committees. They agreed that a joint work session between the Commissioners and City Council should be held once
both comprehensive plans are completed. Staff would like to highlight areas just outside the city limits and find ways
in which the City and County can work together to assure consistency and compatibility through zoning. Both
comprehensive plans will need to be reviewed against the current development codes and ordinances and both entities
should coordinate these efforts.
Additionally, the Commissioners directed staff to get clarification on requirements associated with CAMA
certification and the Exceptional Resources Area Map. CAMA officials reported that several significant changes have
been considered for the land use planning criteria and their responses to the Board’s questions were included in the
agenda package. In summary, CAMA has stated a natural systems analysis is currently required. However, it does
not have to be in the form of a map. Current regulations state if it is not in the form of a map, a map should be made
available outside of the comprehensive plan.
Ms. Rigby presented a time line of the planning process reporting that after the first version of the land use
map, staff received considerable feedback from the community about removing the urban services boundary.
However, removing the service boundary without showing the exceptional resources on a map made it look like there
was more development potential than actually exists. In discussions with the public and CAMA, staff decided that an
overlay map could take the place of the CAMA chapter and the first version of the Exceptional Resources Area Map
illustrating environmental features was published in March 2015. Staff received comments from several special
interest groups that included the City of Wilmington, Pender County, Chamber of Commerce, Coastal Federation,
neighborhood associations and various stakeholders. Gathering comments from all of these groups continued to help
staff refine the map into the final draft version that was presented to the Commissioners at the October work sessions.
Several minor modifications were made based on the feedback, which included clarifying disclaimers to the map about
the intended use of the Exceptional Resources Area Map.
At a recent Planning Board work session, representatives from the Division of Coastal Management clarified
CAMA requirements. The Planning Board recommends to: 1. keep the Exceptional Resources Area Map in the
comprehensive plan; and 2. remove the primary aquifer recharge area from the Exceptional Resources Area Map and
place it on a separate map, which includes all of the recharge areas and provides language that illustrates the
importance of the aquifer recharge area. Based on the feedback received over the past year, staff believes this
accomplishes the goal of creating a clear and transparent tool for the community. Ms. Rigby presented Map 1 of the
Exceptional Resources Area and Map 2 of the Aquifer Recharges Area. Planning staff supports the Planning Board’s
recommendation.
Mike Christenbury, with the Division of Coastal Management, explained that CAMA does require a natural
system plan or analysis be included in the comprehensive plan, but it does not have to be a map as long as a good
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REGULAR MEETING, JANUARY 19, 2016 PAGE 455
description is given in the plan and the plan refers to another map. Most plans do include a map, but the plan does not
necessarily have to include one as long as a map exist that illustrates those areas mentioned in the comprehensive plan.
Ms. Rigby confirmed that the County’s exceptional resources area maps are the exact information provided by state
and federal agencies.
Commissioner Zapple confirmed that the natural wetlands inventory comes from the U. S. Fish and Wildlife
Service and County staff does not determine the demarcations of the wetlands. Wetlands exist throughout the County
and the maps provide a baseline for jurisdictional and non-jurisdictional areas. Mike Lopazanski with the Division of
Coastal Management confirmed that the Division of Water Quality does regulate ground water and Mr. Christenbury
confirmed that counties do not normally provide a map of the aquifer recharge area.
Commissioner White commented that the overlay of the aquifer should not be included in the comprehensive
plan because CAMA regulations do not require it and no other counties provide the information. He believed the
County should encourage maximizing density where it is environmentally safe and adopt a land use plan that shows
where development is encouraged. Some of the business community believe the map is a problem and these people
should have been included in the discussion process. Because the wetland inventory changes and definitions change
with every session of congress, he believed the maps of wetlands and the aquifer should not be included in the plan
because the County does not regulate wetlands or groundwater.
Commissioner Watkins agreed and supported a non-map comprehensive plan with the maps being referenced
in the plan; however, these maps should be available to any citizens or developer who wants the information.
Commissioner Zapple commented that he would prefer to include the primary aquifer recharge area map in
the comprehensive plan as it would show the priorities of the recharge levels throughout the county. Developers and
the public need to know areas that need protection and realize the importance of our water resources when considering
future developments. The overlays are educational in purpose to help developers and the entire community understand
the more sensitive areas in the county and the tremendous challenges ahead in making good informed decisions. The
information is very important and supports the County’s initiative of being a model of good governance by providing
the best possible information in the most transparent mode as possible. He supported having a series of maps in the
plan if the overlay seems too confusing.
Ms. Rigby explained that the County created an online story map that would allow information to be easily
updated as necessary. The Board had endorsed the goal of the public engagement plan to increase the likelihood of a
common vision, to create more effective policies, and to improve citizens' knowledge on specific issues that would
allow them to see multiple sides of complex issues and for discussing solutions. The community said that important
information was missing and staff responded by collecting information from the appropriate sources and providing it
on the maps. Director O’Keefe responded that staff’s goal is to provide the best available information and the maps
are updated on a regular schedule.
In discussion of anticipated CAMA changes, Mr. Christenbury reported that new guidelines should be
available in the spring or early summer. They should allow local governments more flexibility on how to address
issues in terms of analysis and resources. Mr. Lopazanski confirmed that the intent of the revisions is let local
governments know what is needed for the coastal programs and for the plan to be more useful to local governments
in making policy decisions that guide development and be more responsive for growth.
Chairman Dawson expressed appreciation to the Planning Board members for the tremendous amount of
work done on the comprehensive plan. She also thanked Chairman Girardot for the letter about their discussion with
the Coastal Management representatives and their recommendation to place the primary aquifer recharge area on a
separate map in the plan. Because the County has unique environmental issues, the Commissioners will need to
consider them when making planning decisions and the Board has indicated a willingness to work with the business
community and developers in solving growth issues in the county. When increasing density, the developers are
encouraged to provide water and sewer services. The subdivision ordinances encourage water and sewer when
development occurs in an aquifer recharge area and those are the types of decisions the Board is making.
A lengthy discussion continued on the guidelines provided by the Coastal Resources Commission and
whether to include the maps in the comprehensive plan. Ms. Rigby reported that Chapter 5 would have an
implementation plan that will be used as a guideline for the exceptional resources. Although not regulatory in nature,
the maps would point to opportunities for the Planning Board and staff to use in making recommendations on
development projects. A draft version of Chapter 5 has been released for comments and staff will review and provide
recommendations.
Chairman Dawson asked whether the Cape Fear Public Utility Authority (CFPUA) provided any input about
the protection of water resources, as they are ultimately responsible for the groundwater in the county. Ms. Rigby
responded that CFPUA staff has been an active participant in the process from the beginning. The area of most
importance to them is the wellhead protection area located in the conservation area in the northern part of the county.
However, no official comment or statement of support, opposition or concern has been received from the CFPUA
Board. Chairman Dawson asked staff to encourage further involvement from the authority to insure protection of the
groundwater as water quality is most important to the residents of the county.
Vice-Chairman Barfield emphasized that the role of staff is to represent the entire citizenry and not take sides
and his role as a Commissioner is to advocate for the entire citizenry and not to advocate for one particular group.
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REGULAR MEETING, JANUARY 19, 2016 PAGE 456
Staff members are land planners who are experts in planning issues and would give good recommendations to the
Board.
Chairman Dawson stated that although the Board is not conducting a public hearing, she asked if any of the
stakeholders would like to comment.
Tyler Newman, of Business for a Sound Economy (BASE), reported that he has worked with the Wilmington
Homebuilder's Association and Wilmington Chamber of Commerce in providing comments on the comprehensive
plan process to the Planning Board during the past 18 months. He requested the Board meet with Wilmington City
Council before both plans are finalized and to remove the wetland and aquifer maps from the plan because they are
unclear to developers. The Board should have more information and discussions on groundwater regulations before
providing that information.
Donna Girardot, chairman of the Planning Board, reported that the Planning Board has spent two meetings
and a work session on the exceptional resources area map. They felt the exceptional resources area map should be
two separate maps with the overlay of the aquifer recharge area separated from the original map. She agreed that
splitting the exceptional resources area map into six maps would be beneficial in clarifying the information. These
maps should not be used as a zoning or regulatory tool but used solely as an educational tool. The job of the zoning
ordinance is to determine regulations. Chapter 5 of the comprehensive plan and the upcoming revisions to the zoning
ordinance will be crucial in implementing the regulations. Ms. Girardot invited the Commissioners to the Planning
Board work session scheduled on February 2, 2016 to discuss the draft Chapter 5 and she encouraged the special
interest groups to provide their input to the Planning Board in helping to bring a good product to the Commissioners.
Chairman Dawson thanked the public and Planning Board for their input and recommendations. She believed
that it is a very good plan to separate the two maps and having as much information as possible for the public in
making future growth decisions. Chairman Dawson requested direction from the Board.
Commissioner Watkins commented that whether the maps exist in the comprehensive plan or outside of the
plan, the same information would remain available for educational purposes. He believed that separating the maps
from the adopted plan and making it a reference would truly show that the maps are for educational purposes and that
excluding the maps would clarify the information. He agreed that Chapter 5 would be important in setting the
groundwork for establishing rules and ordinances.
Motion
: Commissioner Watkins MOVED, SECONDED by Commissioner White, to direct staff to prepare a non-
map natural systems analysis and use the Exceptional Resources Area Map as a reference outside of the comprehensive
plan. Upon vote, the MOTION FAILED 2 to 3. Chairman Dawson, Vice-Chairman Barfield, and Commissioner
Zapple voted in opposition.
Commissioner Zapple stated that removing the maps from the comprehensive plan would cause them to lose
emphasis and fall outside the public view. He believed that separating the exceptional resources into six separate
maps with each having separate overlays would give clarity to the exceptional resources areas.
Motion
: Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to adopt a resolution to validate
“Visualizing the Future” as the fourth chapter within the Comprehensive Plan and to include the breakout of the
Exceptional Resources Area Map into six separate maps for each of the categories in the Exceptional Resources Areas.
Upon vote, the MOTION CARRIED 3 to 2. Commissioners Watkins and White voted in opposition.
Long Range Planner Rigby asked and received clarification that the future land use map would be on the
bottom layer such that the place types would be seen with the features on top.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL,
Page 2.3.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Dawson reported that one person had signed up to speak on non-agenda items.
Don Betz, former Mayor of the City of Wilmington, spoke concerning issues associated with veterans:
Expressed appreciation for the service of the Register of Deeds Office in providing New Hanover County
veterans with identification cards and validating and recording the veterans’ military service in the
Register of Deeds Office.
Expressed appreciation for the superior services provided by Ellis Pinder and the County’s Department
of Veterans Services in assisting veterans with jobs opportunities, veteran benefits, disability and death
benefits.
Called attention to the Veterans Council, a group of representatives from each of the veteran
organizations that serve veterans without any support from the County.
Requested the Board to assist him in getting the Azalea Festival Board to waive any fees for veterans to
participate in the Azalea Festival Parade. A few years ago, Mayor Saffo requested the veterans to march
in the parade and now the Azalea Festival organization is charging all 501.3c non-profits a $25.00 fee.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JANUARY 19, 2016 PAGE 457
Commissioner Watkins said that he would be glad to speak to the Azalea Festival Board about the issue on
behalf of the Commissioners.
ADJOURNMENT
There being no further business, Chairman Dawson adjourned the meeting at 1:20 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. The
entire proceedings are available for review and checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.