2018-11-13 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, NOVEMBER 13, 2018 PAGE 224
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, November 13, 2018,
at 4:00 p.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230
Government Center Drive, Wilmington, North Carolina.
Members present: Chairman Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield,
Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board
Kymberleigh G. Crowell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Imam Abdul Rahman Shareef, Tauheed Islamic Center of Wilmington, provided the invocation and Vice-
Chairman Watkins led the audience in the Pledge of Allegiance to the Flag.
Commissioner Barfield thanked Imam Shareef for his service to our country and noted that he is a Purple
Heart recipient.
APPROVAL OF CONSENT AGENDA
Chairman White stated that Commissioner Zapple had a question on Consent Agenda Item 2: First Reading
to Award a Solid Waste Franchise to Carolina Cans, LLC.
Commissioner Zapple asked if Carolina Cans, LLC was insured and a local business. Deputy County Attorney
Kemp Burpeau responded this is a new venture, is not currently in business, and a packet of insurance coverages
was provided that the franchise owner intends to obtain. The coverage appeared to be rather extensive and was
acceptable to staff. The application does not specifically require a party to be located in the county. The individual
who owns the franchise is not located in this county and would be subject to the statewide process.
Regarding if it was typical to approve a franchise for the landfill to someone who does not yet have an
operational business, County Manager Coudriet stated staff historically looks at a company’s financials and ability to
perform. It is an expectation of the company to provide quality service but not necessarily what their branding
commitment is. Environmental Management Director Joe Suleyman and Chief Financial Officer Lisa Wurtzbacher
have evaluated the application and believe the company has an opportunity to be successful. What is looked at is
whether or not they have potential to be a successful business, not judging as to whether they will be.
Deputy County Attorney Burpeau stated he believes there is a precedent on at least two other occasions
where there have been startup ventures and the individual planned to acquire the equipment. That may be the
better protocol than someone moving forward with getting in business and not yet having applied for their franchise
that is required. He did have a conversation with this proprietor who feels that it is a franchise he is acquiring and
based on the packet provided that it will be a successful venture. Although the proprietor has not worked in this
field before, he feels comfortable investing a sizable amount of his funds into the venture.
Hearing no further discussion, Chairman White requested a motion to approve the Consent Agenda as
presented.
Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, to approve the items on 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 Regular Meeting of October 15, 2018 and the Special
Meeting of October 25, 2018.
Approval of First Reading to Award a Solid Waste Franchise to Carolina Cans, LLC – County Attorney
The Commissioners, pursuant to New Hanover County Code Section 44.55, approved the first reading
request to award a solid waste franchise to Carolina Cans, LLC. The initial franchise period will run for seven years.
A second reading is required for final franchise award.
The staff decision to approve the current solid waste franchise agreement was considered against the
implications of House Bill 56 and its impact on the County’s ability to control the flow of solid waste. Staff believes
that private solid waste collection companies will ultimately make post-2020 final disposal decisions based on two
factors: price and convenience/location. The New Hanover County landfill is competitive in both areas and will
continue to seek methods to control costs while offering cutting-edge services to the public.
Adoption of First Responders Day Proclamation – Communications and Outreach
The Commissioners adopted a proclamation recognizing November 27, 2018 as First Responders Day in
New Hanover County. The Chamber's second annual First Responders Appreciation Breakfast will be held November
27, 2018.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, NOVEMBER 13, 2018 PAGE 225
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XLI, Page 18.1.
Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina
General Statutes Chapter 160A, Article 12 – Finance
The Commissioners adopted a resolution to dispose of surplus property according to procedures outlined
in North Carolina General Statutes (NCGS) Chapter 160A, Article 12. Nonprofit organizations will have the
opportunity to inspect and purchase the property prior to being sold by auction. Afterwards, all remaining property
will be disposed of according to the procedures prescribed in Chapter 160A-270(c) which authorizes the disposal of
personal property electronically using an existing private or public electronic auction service.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 18.2.
Approval of Innovative Approaches: Improving Systems of Care for Children and Youth with Special Health Care
Needs Grant Application – Health
The Commissioners approved a grant application for Innovative Approaches: Improving Systems of Care for
Children and Youth with Special Health Care Needs. The North Carolina Department of Public Health (NCDPH)
Children and Youth Branch will award up to $132,400 per year for a three-year grant cycle ($397,200) from FY2019
– FY2021 to use a systems change approach rather than a program-based approach to address community
improvements for families of Children and Youth with Special Health Care Needs (CYSHCN), which is defined as
"children who have or are at risk for chronic physical, developmental, behavioral or emotional conditions and who
also require health and related services of a type or amount beyond that required by children generally."
Funds will be used for travel for staff and committee members; coordinating professional development
programs and training events for staff, committee members and community; supplies/materials and equipment for
meeting facilitation and data collection; media/communications for committee and community communication and
awareness; one full-time Innovative Approaches Project Coordinator and one part-time Innovative Approaches
Family Coordinator, either hired through New Hanover County or a contract agency. The application deadline is
November 19, 2018 and no matching funds are required.
Approval of Two Donations for Accession into the Museum’s Permanent Collection – Museum
The Commissioners approved a list of two items to be accessioned into the Cape Fear Museum’s permanent
collection. The objects were approved by the Museum Advisory Board at the meeting on October 17, 2018 and a list
of the items is available for review at the Cape Fear Museum.
Approval of a Resolution to Convey Qualifying Parcels to Habitat for Humanity for the Purpose of Constructing
Workforce Housing – County Manager
The Commissioners approved a resolution to convey qualifying parcels to Habitat for Humanity for the
purpose of constructing workforce housing. New Hanover County acquires parcels from the Cape Fear Public Utility
Authority when the parcels are no longer needed for water and/or sewer purposes, failure to pay taxes, foreclosures,
and other methods. Often, these parcels are buildable lots in residential areas and could be otherwise used for
residential development and returned to the tax rolls. In an effort to deliver on the County’s commitment to create
complete communities, staff recommended conveying qualifying parcels to a registered nonprofit with the
expectation that workforce housing will be constructed within a two-year time frame.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 18.3.
Approval of Release of the Levy for Tax Year 2008 – Tax Department
The Commissioners approved the release of the levy for the tax year 2008 from the charge as the 10-year
statute of limitations prohibits the tax collector from using forced collection measures to collect these taxes. The
total for New Hanover County and the Fire District is $415,632.47. For all municipalities it is $172,209.97. Grand total
overall is $587,842.44.
A copy of the Levy for Tax Year 2008 is hereby incorporated as part of the minutes and is contained in
Exhibit Book XLI, Page 18.4.
Approval of July, August, and September 2018 Tax Collection Report – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire
District, and New Hanover County Debt service as of July, August, and September 2018.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in
Exhibit Book XLI, Page 18.5.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES
County Manager Coudriet requested the following employees to step forward to receive service awards:
Five-Years: Juanita Shiver, Tax
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, NOVEMBER 13, 2018 PAGE 226
Ten Years: Julia Wiles, Social Services
Fifteen Years: Karen Benton, Emergency Management/911
Marilyn Howe, Health
Kim Johnston, Information Technology
Twenty Years: Margaret Eaton, Health
Melita Newkirk, Social Services
Floyetta Rogers, Social Services
Lisa Weldrick, Emergency Management/911
Thirty-Five Years: Margaret Miles, Library
Chairman White presented a service award to each person and the Commissioners expressed appreciation
and thanked each one for their years of dedicated service.
County Manager Coudriet requested the following new employees to stand and be introduced:
Kristin Chaney, Health
Sara Growick, Social Services
Valerie Porter, Health
Donna Sayre, Social Services
The Commissioners welcomed the employees to County Government and wished them success in their new
positions.
PRESENTATION OF FISCAL YEAR 2019 FIRST QUARTER FINANCIAL RESULTS
Chief Financial Officer Lisa Wurtzbacher stated that due to the impacts of the storm and in terms of the first
quarter, the results are not what would be desired in terms of growth. The second quarter is where the impacts on
the expenditures due to the storm will really be seen, then due to invoices being paid starting in October. Staff will
be asking the Board during the December 3, 2018 meeting to consider approving a budget amendment for additional
storm expenditures related primarily to debris costs which exceeded what it was initially expected to be. She
presented the following highlights of the first quarter of Fiscal Year 2019, which includes financial activity from July
1, 2018 through September 30, 2018:
General Fund Revenues:
Total general fund revenues at 8% of budget
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$16.6 million in property tax received with due date of January 6
No sales tax distribution due to lag in state distribution
First quarter comparisons:
2019: Ad Valorem was $16.6 million; Other was $8.1 million
2018: Ad Valorem was $17.9 million; Other was $9.7 million
2017: Ad Valorem was $16.1 million; Other was $10.4 million
Debt Service Fund Revenues:
Total revenues at 4.6% of budget
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$2.2 million in property tax received with due date of January 6
No sales tax or transfers from other funds recorded in first quarter
First quarter comparisons:
2019: Ad Valorem was $2.2 million; Other was $0.3 million
2018: Ad Valorem was $2.3 million; Other was $2.8 million
2017: Ad Valorem was $1.8 million; Other was $3.4 million
General and Debt Service Expenditures:
Expenditures through the first quarter represent 22.1% of budget
General government and human services expenses running lower than prior year
Transfers not made in first quarter
Fire Services:
Total revenues collected represent 6.6% of budget
Property tax revenues collected at 9.9% of budget
Expenditures are comparable with prior year
First quarter comparisons:
2019: Revenues were $1 million; Expenses were $4.2 million
2018: Revenues were $1.1 million; Expenses were $4.1 million
2017: Revenues were $0.8 million; Expenses were $3.7 million
Environmental Management:
Charges for services are 17.3% of budget
Expenses are fairly consistent with prior year except transfers which have not been recorded as of
the first quarter
First quarter comparisons:
2019: Revenues were $2.8 million; Expenses were $1.7 million
2018: Revenues were $2.6 million; Expenses were $7 million
2017: Revenues were $2.5 million; Expenses were $5.2 million
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, NOVEMBER 13, 2018 PAGE 227
In response to Board questions about the three things that are of the most concern and what should
concern the Board, Ms. Wurtzbacher stated she does not have three items, only one. The most concerning item to
her is sales tax. What has been received to date is not affected by the storm. It is lower than where the County
wants to be and is something that will be watched.
Regarding if overall property transfer taxes and charges for services being down are directly related to the
storm, Ms. Wurtzbacher stated no. These items were down before the storm and the storm exacerbated both.
In response to Board questions, Ms. Wurtzbacher stated there is no indication of when the Federal
Emergency Management Agency (FEMA) reimbursements will be received. In the past, it has taken at least six
months to receive the reimbursements and sometimes longer. The first round of reimbursements will be for the
debris pickup, which is the largest portion of the hurricane expenses. Repair work that is being done will take longer
to report to FEMA due to still being in the process of making the repairs.
Regarding the building that is taking place, regardless of type, in the County and the anticipated growth
from that, Ms. Wurtzbacher stated she does not have an answer for what the anticipated growth is expected to be.
She will report back to the Board on that item.
Hearing no further comments, Chairman White thanked Ms. Wurtzbacher for the report.
PUBLIC HEARING AND APPROVAL OF MASON INLET SPECIAL ASSESSMENT
Chairman White opened the public hearing to receive comments on the Mason Inlet Special Assessment.
The Board of Commissioners adopted a resolution on August 20, 2018 for the Mason Inlet Relocation Project that
determined $3,301,978.00 needs to be assessed for operational and maintenance costs for the project from May
10, 2013 to July 31, 2018. The Board directed County staff to prepare a preliminary assessment roll and a project
map, mail to each owner a notice of hearing, and schedule a public hearing to consider the preliminary assessment
roll. G.S. 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to
the preliminary assessment roll.
Chairman White stated that Chief Financial Officer Lisa Wurtzbacher would make a presentation on the
matter and that one person had signed up to speak in opposition to the request.
Chief Financial Officer Wurtzbacher presented the following information:
$3,301,978.00 is the amount to be assessed
Figure Eight Island - $5.50 per net cubic yard of sand placed on the beach:
Assessed almost $2.7 million of the $3.3 million based on their cubic yards of sand placed on the
beach
Oceanfront – equal rate per foot of frontage abutting the shoreline (52.04% is assessed to
oceanfront properties and is based on their foot frontage abutting the shoreline)
Non-Oceanfront – basis of value of land without improvements (47.96% is assessed to non-
oceanfront properties based on the value of their land)
There are 589 parcels on Figure Eight Island being assessed ranging from $1 to $18,449.
Northern Wrightsville Beach:
Assessment is done based on the inlet and value of the property owners’ land.
There are 59 parcels on Northern Wrightsville Beach being assessed:
Four parcels are condos, which is 441 units. When the condos are removed, the assessments
range from $4 to $13,777. The condo assessments range from $1 to $2,628 without the
exception of $76,443 for the homeowners’ association.
Based on relative risk within the predicted “zone of influence” of migrating inlet:
Distance risk factor – feet from the inlet
Property risk factor – appraised land value
Public Hearing Purpose:
Required by NCGS 153A-195
Basis for the assessments was established June 21, 1999
To consider the clerical and mathematical accuracy of individual assessments
Payment Terms:
Confirmation of assessments will be mailed no earlier than December 5, 2018
Bills will be mailed May 1, 2019:
May be paid interest free until May 31, 2019
Offered payment terms consistent with previously adopted resolution:
Five (5) annual payments
Interest rate of seven percent (7%)
Chairman White thanked Ms. Wurtzbacher for the presentation and invited Jonathan Washburn to provide
comments.
Jonathan Washburn, attorney representing Shell Island Resort Homeowners Association, stated that Shell
Island has been assessed 84% of the overall burden of this matter. He acknowledged and thanked the County for
being there when Shell Island needed it and recognized that Shell Island was saved from a terrible fate. The assessed
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value is based on what is in the agreement. He has spoken and met with County staff. Although he was told the
amounts are what they are, he was able to find some reductions and reduce those amounts.
Moving forward he would like a couple of things taken into consideration. The first would be that the
agreement says that this would be based on the tax valuation and that is not what was done. The decision was made
that condominiums have squishy parts and they were made to squish into place. He would like to revisit that item
before the next assessment to ensure there is agreement on how the tax values are assigned. Shell Island Resort has
been burdened heavily with this and was helped significantly, but things have changed and there may be a different
circumstance. Secondly, in addition to how the assessment allocation is done, there are two dredging projects that
go on and both are in the agreement. There is the dredging of the inlet and also the Intracoastal Waterway crossing
the inlet, which is a separate dredging being done for the benefit of Figure Eight. The agreement states that if
possible, the dredging of both portions are to be done at the same time. The County has been assessing that cost to
Shell Island which is reimbursed $5.50 from Figure Eight. At the time that was great, because $5.50 was the going
rate for sand. However, sand per cubic yard now ranges from $8.50 to $16.00. Now Shell Island is paying for Figure
Eight sand and Figure Eight is paying $5.50 for it. He is not asking to retroactively go back and look at that, but would
like to see it done moving forward. His understanding from staff is that the Board agreed it would all be paid at the
same rate. He is not sure the Board agreed to that or understood what was being agreed to because that portion of
the dredging is a Figure Eight project.
Mr. Washburn further stated that everyone agreed that the dredge did not need to be brought out for one
project and again for another project, but to do it simultaneously. His request is for a work session to be held or the
opportunity at some other time to make sure there are separate invoices created for the inlet and separate invoices
for the Intracoastal Waterway crossing. There is agreement on the number in the current submission, so that is not
a problem. He thanked the Board for the opportunity to speak.
In response to Board questions, Ms. Washburn stated the agreement lasts thirty years and the parties are
12 or 14 years into it. He thinks it will proceed for at least three more cycles, but it will renew. The apportionment
theory that was discussed and contemplated was addressed in the agreement. He does not know if it says Figure
Eight will pay $5.50 per cubic yard for the sand that is drawn out of the inlet. It only says the dredge will be brought
in simultaneously; not that the billing for that would be simultaneous at the same amount. To him, the agreement
seems to be silent on the apportionment and as such, there is an argument to be made that the case may be that
the parties must have agreed to forego an apportionment argument. However, he thinks the reason may be because
at the time $5.50 was the going rate and Shell Island did not make any argument about it.
Regarding if there was any thought about the cost of sand staying static for 30 years or was that a risk both
parties assumed, Mr. Washburn stated he did not detect any language in the agreement that reflected thought given
to the fact that sand prices might fluctuate. It only stated the price was $5.50 per cubic yard. He does not recall the
modification of the agreement clause and if it takes consent of all parties. He is not asking for the Board to consider
a modification during this meeting. Regarding his request for a work session to discuss the issue, Mr. Washburn
stated he will bring the Board the information necessary to approach the question completely.
In response to Board questions about there being a modification clause in the agreement, County Attorney
Copley stated that generally the standard agreement language included states that the agreement cannot be
amended unless both parties agree.
Regarding what was considered by the Board at the time and the other parties while drafting the
agreement, County Attorney Copley stated at the time the County hired a consultant to review and crunch all the
numbers as well as all items involved such as the amount of sand, all material terms of the contract, etc. However,
it is the Board’s option to relook at the agreement. At the time, the parties were anxious because they were going
to lose their properties and were very concerned they would not have their investments. There was representation
from each of the properties that would be affected and there was a lot of negotiation and discussion. The County
did not just say this is what it is and they could to take it or leave it. The County hired a consultant and had people
at the table and they formed, she believes, a homeowners’ association which was presented and everyone
negotiated that.
Chairman White thanked Mr. Washburn for his comments and asked that County Attorney Copley review
the agreement in the coming weeks and send the Board an email that discusses the legal options. He feels that out
of fairness and equity to the parties, if there is an opportunity to modify the agreement, taking into account cost of
sand and apportionment of the dredging between the parties of Figure Eight and North Wrightsville Beach
Homeowners Association, it would make sense to do so. However, if the agreement does not say that and it’s
contractual for a thirty-year term, he is not sure the Board should entertain it. He would like to know and Mr.
Washburn and his clients are deserving of an answer. The County should probably say if it is a good idea and it can
be done legally or that it is a contract and the County is not in the position to entertain that.
Commissioner Barfield stated that he was surprised that no one from Figure Eight was present for this
matter. He asked Ms. Wurtzbacher if the Shell Island assessment is for the whole building at one rate or by individual
units. Ms. Wurtzbacher explained there is a value of land and the assessment is then allocated to the units and to
the homeowners’ association. The Tax Department has essentially determined the value of that land. Regarding the
individual assessment amounts, the 2013 amount was $7,500. Each unit will now be assessed $2,628 so the amount
had reduced for each unit since 2013. There were some grants that reduced just the overall cost for Northern
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
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Wrightsville Beach. They were assessed $623,000 and the total amount being assessed to Northern Wrightsville
Beach is much lower than what has been assessed in the past.
Commissioner Zapple asked Mr. Washburn to confirm his statement that Shell Island was shouldering 80%-
plus of the assessment. Mr. Washburn stated that he believes the percentage is 84% allocated to the Wrightsville
Beach portion and not overall. Regarding the dredging of the Intracoastal Waterway crossing, Mr. Washburn thinks
it is a benefit to everyone. However, it was not part of the agreement that was entered into for this reimbursement
schedule. He would not dispute that there is some benefit to Shell Island, rather just the allocation process.
County Manager Coudriet stated he does not want the Board to have the impression that the maintenance
of the Intracoastal Waterway is somehow unconnected or not tethered to this project. To receive the permit from
the U.S. Army Corps of Engineers (Corps) and resource agencies, the maintenance, that is the dredging of the
waterway at a time directed by the Corps through remote sensing, was required as part of issuing the overall permit
for the relocation of the inlet. While he is not an authority if the agreement does not speak to that, the maintenance
of the inlet itself is directly connected to the relocation of the inlet. It was a requirement of the permit.
In response to Board questions about the permit requirement being a de facto part of the agreement,
County Manager Coudriet confirmed that it was part of the overall permit. The permit is in the name of the County
and it was a requirement to proceed with the relocation of the inlet itself. The County does that work as part of the
permit. Perhaps it had been done historically by the Corps. However, when the Corps agreed to the relocation, as
with all other resource agencies of the state and federal governments, they attached to the permit that this project
would be responsible for the inlet maintenance as directed by the Corps. It is based on the Corps’ annual remote
sensing data survey work.
Hearing no further discussion, Chairman White closed the public hearing and asked for direction from the
Board.
Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Barfield, to approve the Mason Inlet Special
Assessment.
Vice-Chairman Watkins stated he understands contracts and good intentions. He would encourage all
parties to meet to find an equitable distribution. He asked County Attorney Copley if there is an option for one party
or another to back out at the end of a five-year period of time. County Attorney Copley stated no and confirmed
that the agreement is firmly set for thirty years.
Chairman White stated that he is sure the permit did not contemplate nor care who paid for the dredging
and at what amount. Therefore, if the document that brought the County and the parties to the table to jointly ask
for the permit modification considered that and said no, everyone is stuck for thirty years, then it is probably not
something that should be reconsidered. However, if not, depending on County Attorney Copley’s legal opinion, it
would be fair and equitable if the agreement contemplated it to entertain it. His sense is that it did not and that the
parties had different negotiating positions because of what existed, it is what it is and all the parties involved agreed
to it, agreed with the thirty years, and agreed with the process that sets out the assessments. To now allow for a
forum whereby that would be modified, he thinks would only be the right thing to do if it calls for it or everyone
agrees to it.
County Attorney Copley stated that in her legal opinion, doing so will open a can of worms and that is why
the agreement was set for thirty years. The people involved in the negotiations each represented a homeowners’
association. They were allowed to speak, give opinions, and review the consultant’s numbers and what the
assessments were going to be. Now, at this time it would be very difficult for people, whose property values have
been raised and maybe are the third or fourth owner of a property, and like to possibly come back to negotiate and
say well that’s not really fair now. At the time the agreement was made, the property owners were in a desperate
situation and the County helped them get everyone together to draft the agreement and agree to the terms.
County Attorney Copley further stated that she can understand Mr. Washburn’s point and the point of
wanting to be fair to everyone. There is also a need to look back at the time to what was being done which was the
right thing. She thinks even getting the parties together now would be difficult because the perspective is surely not
the same as it was when this agreement was entered into. Everyone could certainly go back to the table, but she
thinks it will be hard to get agreement from the parties now when they are not under the circumstances they were
under at the time.
In response to Board questions, County Attorney Copley and Chief Financial Officer Wurtzbacher stated
neither has received any communication from Figure Eight concerning this matter. Regarding Figure Eight being in
agreement with the assessment, County Attorney Copley stated she thinks by everyone signing the agreement that
everyone knew those were terms and it was binding. Again, she can certainly understand Mr. Washburn’s situation.
However, that was the agreement at the time and Figure Eight was certainly a majority party to it.
Hearing no further discussion, Chairman White asked for a vote on the motion on the floor.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman White directed staff to publish a Notice of Confirmation.
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COMMITTEE APPOINTMENTS
Appointments to the New Hanover County Cooperative Extension Advisory Council
Chairman White reported that four vacancies exist on the New Hanover County Cooperative Extension
Advisory Council with three applicants eligible for reappointment and three additional applications available for
consideration.
Commissioner Kusek nominated Nathan Bales, Susan Jewell, William S. Walsh for reappointment and Sherri
Robinson for appointment. Commissioner Zapple seconded the nominations.
Hearing no further nominations, Chairman White called for a vote for the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Nathan Bales, Susan Jewell, William S. Walsh for
reappointment and appoint Sherri Robinson to the New Hanover County Cooperative Extension Advisory Council to
serve three-year terms with the terms to expire December 1, 2021.
Appointment to the New Hanover County Plumbing Board of Examiners
Chairman White reported that two vacancies exist on the New Hanover County Plumbing Board of
Examiners with one applicant eligible for reappointment.
Vice-Chairman Watkins nominated Randall Siegel for reappointment in the Master Plumber category.
Hearing no further nominations, Chairman White called for a vote for the nomination on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Randall Siegel to the New Hanover County Plumbing
Board of Examiners in the Master Plumber category to serve a three-year term with the term to expire December 1,
2021.
Appointments to the New Hanover County Tourism Development Authority
Chairman White reported that two vacancies exist on the New Hanover County Tourism Development
Authority with three applications available for consideration.
Commissioner Kusek nominated Christine Divoky and Nicole Jones for appointment.
Commissioner Zapple nominated Nancy Bullock and Nicole Jones for appointment.
Hearing no further nominations, Chairman White called for a vote for the nominations on the floor in the
order of being received.
Vote Results: The Board voted UNANIMOUSLY to appoint Nicole Jones to the New Hanover County Tourism
Development Authority in the Wilmington Hotel Owner/Manager (less than 150 rooms) to serve an unexpired term
with the term to expire December 31, 2020. The Board voted in the majority to appoint Christine Divoky to the New
Hanover County Tourism Development Authority in the Tourist Attraction category to serve an unexpired term with
the term to expire December 31, 2019. Chairman White, Vice-Chairman Watkins, Commissioner Barfield, and
Commissioner Kusek voted in favor.
Appointment to the New Hanover County Zoning Board of Adjustment
Chairman White reported that one vacancy exists on the New Hanover County Zoning Board of Adjustment
with one applicant eligible for reappointment and three additional applications available for consideration.
Vice-Chairman Watkins nominated Raymond E. Bray for reappointment.
Hearing no further nominations, Chairman White called for a vote for the nomination on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Raymond E. Bray to the New Hanover County Zoning
Board of Adjustment to serve a three-year term with the term to expire December 1, 2021.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Chairman White reported that no one had signed up to speak on non-agenda items.
ADDITIONAL AGENDA ITEMS OF BUSINESS
County Manager Coudriet stated that Environmental Management Director Joe Suleyman was now present
if the Board had any follow-up questions to Consent Agenda Item 2 even though it has already been deliberated.
Also, this meeting has not been live streaming due to connectivity issues but is being televised live on NHC-TV. The
meeting will be uploaded as soon as possible to the website for viewing by the public.
County Manager Coudriet reported that in regard to the Hurricane Florence recovery and the work that has
been done to date, approximately 1.4 million cubic yards of debris has been picked up at this point. This includes
vegetative and construction and demolition, which is 1.2 million cubic yards. He believes what is being seen is a
reflection of more things being brought to the curbside. It is still contractually possible to pick the debris up and it
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is also a reimbursable expense. At some point there will be a conflict of what is storm debris related and what is
now the cleanout and other things due to projects and work that have been delayed. The County will work with the
FEMA monitor and the FEMA PA staff to make that differentiation. He asked for continued patience of citizens. There
are 43 trucks working seven days a week to pick up the debris.
As it relates to the after action report, there have been 15 internal organization meetings and meetings
with more than 160 different people on a range of topics. All discussions have been internally focused, on everything
from shelters to the emergency operations center itself. A survey instrument has been setup where department
heads have asked for their employees who worked in the event to take that survey. Accommodations are also being
made for forums or focus groups where departments can bring staff together to discuss and gather feedback on the
event. These are similar to the 15 sessions that have been held to date. Meetings with the external agencies that
partnered with the County along the way are still forthcoming. Staff also would like to meet with each commissioner
individually to get his or her impressions and assessment of what went right and what went wrong. Staff expects to
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present during the December 17 meeting the outcomes of the after action report and also provide detailed
information of where the recovery effort is to date. There will be items to be implemented before July 1, 2019 when
the next hurricane season starts. However, there are also other items staff believes are going to take more time and
likely more of a financial resource. Staff will work with the Board on when and how to appropriate those items.
Vice-Chairman Watkins stated that in his opinion there is a shortage of qualified contractors to get repair
work completed before the FEMA deadline on construction and demolition debris pick up, if there is such a deadline.
He asked for input on extending the need for construction and demolition debris pick up due to the lack of
contractors. County Manager Coudriet stated for the timeline there is usually an expectation for federal
reimbursement on debris removal for it to be done within six months with an extension possible for this very reason.
Also if it is storm related, that material will be reimbursable if the County continues to advance the pickup of it.
Efforts will need to be made to really get to a granular level of determining where the breakdown of a house is
associated the materials because of the impact of the storm, and perhaps where it is work that has been delayed
and just timing is what it is. Staff is working very hard to make sure everything that is done is reimbursable and note
the bright line test of when it is no longer reasonable to pick the material up at no cost. The County can contractually
continue to do that and charge the associated tip fee. As of yesterday, the County started charging the tip fee
because of being two months removed and the urgency of the work is largely gone. Most of the work coming in is
now contract driven and that should be a charge. To date, approximately $120,000 in tip fees was lost with the
waiver.
Vice-Chairman Watkins stated it would good if there was an option for citizens in the unincorporated area
who are awaiting repairs to possibly be registered or placed on a waiting list with their understanding that there will
be a deadline. If the County could move forward with identifying those citizens, it might help minimize their concerns
about having to pay for construction and demolition debris pickup.
Commissioner Barfield stated that there are people who have spoken with him who are four months out
from getting a roofing contractor to come in. This type of delay will probably put the County beyond the first timeline
anyways. He suggested that maybe people could deliver their debris to the landfill rather than leaving it on the
street. It is definitely something to be considered.
Vice-Chairman Watkins stated that the registration might very well help facilitate Commissioner Barfield’s
suggestion.
Commissioner Zapple stated he echo the comments of his colleagues. In his own business, tree companies
are quoting three to six week wait times before starting a project. In a lot of cases this is just to get debris from the
back of the lot to the front of the lot. Having some registration or some sort of phone in process to identify these
people would be good as they have been waiting patiently to be able to get the benefit of the debris pickup. He
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also wants it to be made clear to those listening to the meeting the construction debris that is to be picked up by
FEMA is related to that storm related damage. If a person is cleaning out their garage, that does not count. The
landfill is filling up at an alarming rate and there have been instances of people coming from other counties trying
to take advantage and abusing the system because of the waived tipping fees.
Chairman White stated to Environmental Management Director Suleyman and his staff, he spent some time
this past Saturday at the landfill. He got in line at about 10:50 a.m. and made it to the gate at five minutes to 12:00
p.m. when the facility was supposed to close. At that point there were a lot of cars behind him. Director Suleyman
or someone on his team let everyone in past the 12:00 p.m. closing time and it was nice to see that accommodation
being given. It was also nice to see everyone helping each other unload their vehicles. It was a good job all the way
around.
Chairman White also congratulated Commissioner Zapple on his re-election and Commissioner-Elect Olson-
Boseman on her election. He looks forward to have having Commissioner-Elect Olson-Boseman join the board in a
couple of weeks.
ADJOURNMENT
There being no further business, Vice-Chairman Watkins adjourned the meeting at 5:02 p.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, NOVEMBER 13, 2018 PAGE 232
Respectfully submitted,
Kymberleigh G. Crowell
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 online
at www.nhcgov.com.