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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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 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.