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HomeMy WebLinkAbout2019-04-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 359 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 15, 2019, at 9:00 a.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairwoman Julia Olson-Boseman; Commissioner Patricia Kusek; Commissioner Woody White; 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 Reverend John McLaughlin, St. Jude’s Metropolitan Community Church, provided the invocation and Vice- Chairwoman Olson-Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, 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 April 1, 2019. Adoption of General Federation of Women's Clubs Proclamation – Governing Body The Commissioners adopted a proclamation declaring April 24, 2019 as General Federation of Women's Clubs (GFWC) Federation Day. The GFWC will celebrate 129 years of existence, perseverance, and "Unity in Diversity" on April 24, 2019. The organization consists of women from all walks of life that have a common goal of making the world a better place by enhancing the lives of others through volunteer service. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.1. Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Road Resolution in support of adding the following roads to the state system: Cape Landing Road and Grandview Drive located within the Bridgewater Bluffs Subdivision in New Hanover County (Division File No: 1269-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.2. Approval to Submit a 2019 Port Security Grant Application to Homeland Security – Sheriff’s Office The Commissioners approved the submission of an application for a 2019 Port Security Grant in the amount of $417,405. The Sheriff's Office wishes to apply to the Homeland Security, Port Security Grant Program for a three- year grant. The grant includes a 25% match. The match will be split between the Sheriff's general operating budget and federal forfeited property fund. The funding requests include K-9 equipment and training, dive equipment and training, marine unit equipment, aluminum boat and an explosive ordnance disposal vehicle. Approval of Second Reading to Award a Solid Waste Franchise to Select Recycling Waste Services, Inc. – County Attorney The Commissioners, pursuant to New Hanover County Code Selection 44.55, approved the second reading to award a solid waste franchise to Select Recycling Waste Services, Inc. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The 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. The initial franchise period will run for seven years. A copy of the franchise agreement is available for review in the Legal Department. Adoption of a Resolution Delegating Authority to Issue Permits for Public Pyrotechnics Exhibitions Conducted Within Corporate Limits – County Attorney The Commissioners adopted a resolution delegating authority to issue permits for public pyrotechnics exhibitions conducted within corporate limits to the Town of Carolina Beach. The permitting was previously conducted by New Hanover County Fire Services. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 360 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.3. Approval of Six Donations for Accession into the Museum’s Permanent Collection – Museum The Commissioners approved a list of six 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 March 20, 2019 and a list of the items is available for review at the Cape Fear Museum. Adoption of Budget Amendments – Budget The Commissioners approved the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2019:  Department of Social Services 19-050  Sheriff's Office 19-051, 19-052, 19-053, 19-054  Environmental Management 19-055 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 27.4. REGULAR ITEMS OF BUSINESS ADOPTION OF STAND AGAINST RACISM PROCLAMATION Chairman Barfield reported that the YWCA Lower Cape Fear has requested the Board adopt a proclamation recognizing April 25, 2019 as “Stand Against Racism Day” in New Hanover County. Commissioner Zapple read the proclamation into the record. Chairman Barfield asked if there was a motion to adopt the proclamation as presented. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to adopt the proclamation declaring April 25, 2019 as “Stand Against Racism Day” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield invited YWCA Lower Cape Fear Communications Manager Lauren McConville to make remarks. Ms. McConville expressed appreciation to the Board for adopting the proclamation. The YWCA Lower Cape Fear will hold the 9th Annual Stand Against Racism on Thursday, April 25, 2019 from 6PM to 8PM at the 1898 Memorial Park in downtown Wilmington. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.5. PRESENTATION AND ADOPTION OF NATIONAL SAFE BOATING WEEK PROCLAMATION Chairman Barfield reported that the U.S. Coast Guard Auxiliary, Wilmington Flotilla, has requested the Board adopt a proclamation recognizing May 18 – 24, 2019 as “National Safe Boating Week” in New Hanover County. Vice-Chairwoman Olson-Boseman read the proclamation into the record. Chairman Barfield invited Wilmington Flotilla Vice Commander Steve Morris to provide the presentation. Flotilla Vice Commander Morris provided the following overview of the USCG Auxiliary, Wilmington Flotilla:  U.S. Coast Guard Auxiliary in New Hanover County:  Mission is to secure and ensure the safety of our waterways and people using the waterways  Wilmington Flotilla:  Teaches boating safety courses through the County. If born in 1988 or later, a person is required by law to have a boating license to operate a power boat.  Performs no cost vessel safety checks at state parks, marinas, boating ramps, and a person’s home  Provides displays of literature on water safety at locations throughout the area  Supports the active duty Coast Guard in New Hanover County and surrounding areas  Participates in local events such as The Wilmington Boat Show  May 18-24, 2019 is National Safe Boating Week. The Wilmington Flotilla’s objective is to create public awareness about boating safety, paddle responsibly, and safety on the water:  Every year approximately 650 people die or are killed in accidents on the waterway  Life jackets save lives:  76% of all fatal boating accident victims drowned. Of these, 85% were not wearing a life jacket  Local Contact Information:  Boating Safety Classes: Lou Stanton, Jim Sinclair  Vessel Safety Checks: Mike Pinto, Phil Kraus  Flotilla Websites: www.wilmingtonboater.com; www.ncboatsafe.org NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 361 Chairman Barfield asked for direction from the Board on the proclamation request. Motion: Vice-Chairwoman Olson-Boseman MOVED, SECONDED by Commissioner Kusek, to adopt the proclamation declaring the week of May 18-24, 2019 as “National Safe Boating Week” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.6. ADOPTION OF PROCLAMATION RECOGNIZING TRAVEL AND TOURISM WEEK Chairman Barfield reported that the Wilmington and Beaches Convention and Visitor Bureau has requested the Board adopt a proclamation recognizing May 5-11, 2019 as “Travel and Tourism Week” in New Hanover County. Commissioner Kusek read the proclamation into the record. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to adopt the proclamation declaring the week of May 5-11, 2019 as “Travel and Tourism Week” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield invited Wilmington and Beaches Convention and Visitors Bureau CEO Kim Hufham to make remarks. Ms. Hufham expressed appreciation to the Board for adopting the proclamation and for supporting th travel and tourism in the area. The theme for the 36 Annual National Travel and Tourism Week is “Travel Matters”. As the travel numbers increase each year, the impact on the County can been seen and travel does matter here in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.7. ADOPTION OF A RESOLUTION IN SUPPORT OF CAROLINA BEACH COUNSELING Chairman Barfield reported that Joe Benson, Mayor of the Town of Carolina Beach, has requested the Board adopt a resolution in support of Carolina Beach Counseling to provide expanded, medically assisted outpatient services to those in Carolina Beach, Kure Beach, and the unincorporated parts of southern New Hanover County suffering from addiction. Commissioner White read the proclamation into the record. Chairman Barfield asked if there was a motion to adopt the proclamation as presented. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to adopt the resolution in support of Carolina Beach Counseling to provide expanded, medically assisted outpatient services to those in Carolina Beach, Kure Beach, and the unincorporated parts of southern New Hanover County suffering from addiction. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield invited Mayor Benson to make remarks. Mayor Benson expressed appreciation to the Board for adopting the resolution. The resolution summarizes the epidemic plaguing the country and in particular, Wilmington. It is no different in Carolina Beach, Kure Beach, and the unincorporated areas of the southern part of the County where Loralie Grigas’ clinic, Carolina Beach Counseling, treats those addicted. Ms. Grigas seeks to expand her services, primarily intensive services defined as nine to 12 hours of treatment per week, as well as the ability to treat those who are uninsured. This resolution will help her in that goal, expand her staff, and to treat those who suffer. A one in ten addiction rate of varying levels of intensity or problem equates to 1,700 people on the island and just over the Snows Cut bridge. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 27.8. APPROVAL OF THE JUVENILE CRIME PREVENTION COUNCIL FUNDING RECOMMENDATION FOR FISCAL YEAR 2019- 2020 Judge J. H. Corpening, II, Chairman of the New Hanover County Juvenile Crime Prevention Council (JCPC), reported that at its March 15, 2019 meeting, JCPC unanimously recommended that the New Hanover County Board of Commissioners allocate $433,344 in State JCPC funding for fiscal year 2019-2020 as follows: JCPC Administration - $11,543 Youth Empowerment Services - $348,004 Teen Court - $47,025 Systematic Training for Effective Parenting (STEP) - $26,772 Each year the JCPC evaluates the risks and needs assessments of juveniles who see intake in the Juvenile Court Counselor’s office. Priorities are established based on the risks and needs. The funding recommendation meets the JCPC priorities of Psychological Services, Community Service/Restitution, Teen Court, Parent Skill Building Programs, and Home-Based Family Services. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 362 In response to Board questions, Judge Corpening stated that this is the same funding allocation request as last year. However, the Juvenile Jurisdiction Advisory Committee, which Judge Corpening serves on, has recommended a significant increase for JCPC funding across the state for next year. Chairman Barfield thanked Judge Corpening for the presentation and asked for direction from the Board on the Fiscal Year 2019-2020 Juvenile Crime Prevention Council’s funding recommendation. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve the Fiscal Year 2019-2020 Juvenile Crime Prevention Council’s Funding recommendation. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT AND APPOINTMENT OF AT-LARGE MEMBERS Judge J. H. Corpening, II, Chair, and Neesha Allen, Co-Chair, of the Community Child Protection Team (CCPT) thanked the Board for the opportunity to present the CCPT report as required by state law. The CCPT is a multidisciplinary organization that is appointed by statute and by the Board to evaluate gaps in services that effect children. This team meets once a month to review select cases such as Department of Social Services cases and child fatalities to look for gaps and issues of gaps and resources needed in this County to make sure all children are safe and to address those gaps. It is also the roll of CCPT to advocate for the closure of those gaps. Judge Corpening presented the CCPT accomplishments, gaps, and goals for the coming year:  2018 Accomplishments:  Community Education on Reporting Child Abuse and Neglect: training provided to law enforcement and school counselors/social workers, Coast Guard, and residents of Market North Apartments on how to recognize, respond, and report child abuse and neglect.  Reproductive Life Planning Education: new monthly program that provides women of child bearing age, with an active substance use disorder, with information (and referrals) regarding contraception in an effort to reduce the number of drug affected newborns.  Intensive Child Fatality Reviews: CCPT members participated in three intensive reviews resulting in recommendations to DHHS to improve programs and policies regarding child safety and wellbeing.  Pinwheels for Prevention: a pinwheel “garden” was installed at the entrance of DSS in recognition of Child Abuse Prevention Month.  Resilience: multiple CCPT members participated in screening discussion panels for the “Resilience” film and serve on the Resiliency Task Force.  Infant Safe Sleeping Tips: pamphlet created and distributed to caregivers of infants.  Lack of consistent, accessible, effective mental health services:  Difficulty accessing inpatient treatment for stabilization  Limitations for coverage by both Medicaid and private insurance  Need for more school based mental health services  Limited accessible services for caregivers and children with co-occurring mental health and developmental disabilities  Recommendations:  Expand private insurance coverage for mental health services  Expand state funding for mental health and developmental disability services  Improved oversight of Medicaid providers by Trillium  Provide all schools with mental health therapists  Mandate that all New Hanover County School personnel be trained in youth mental health first aid In response to Board questions on what models show adequate mental health being provided for children, Judge Corpening stated he thinks New Hanover County Schools is an especially good model. CCPT is only recommending they be even better. Part of CCPT’s role is to address gaps. For example, the team thinks youth mental health first aid is a gap that will help meet a need. If that gap is filled then that will help teachers be in a better position to match a child with a therapist, social worker or someone else maybe to call crisis management, etc. New Hanover County is a model across the state for what is done in this school system. The community piece since the reorganization of mental health, he does not think there is a model that works. In response to Board questions about connecting students with mental health therapists, Judge Corpening stated if there is a risk assessment that needs to be done, the schools connect the dots with that. It is not necessarily done with the school-based counselor. They will call in the crisis management team(s) and call a parent in to get the student an assessment. The school system has developed a protocol that is better than it used to be for addressing that. The key to the youth mental health first aid is having people recognize the child is in crisis and that there is something different and taking the time to connect the dots. In terms of the school-based therapy, which is not going to necessarily happen as a result of that kind of intervention, he agrees about a kid being able to present an insurance card. All of our children are all of our children and if they are in crisis and are in school and therapy is available to them in school, then it needs to be available to them in school. One of the gaps that he experienced at least three of the five days of his work week is parents who do not take care of their children. They do not meet the needs of their children. Unfortunately, from the place he sits when he hears abuse and neglect cases, he cannot necessarily count on that referral being made. If you call a parent to tell them their child needs to get to mental health, some parents believe that is a stigma, and some believe that means something is wrong with their child when NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 363 their child really just needs help. The ability to deliver that without consideration of insurance is important. The school-based therapists the County funds through the Health Department are insurance blind, so that is not an issue. Some of the partners have some ability to work around that and some are dependent on insurance reimbursement to be able to provide the service. He thinks long term planning, which is something the Safer Schools Task Force has recommended to the Board as well, is looking at the expansion of mental health services because when it is taken care of within the walls of the schools, schools are safer. Chairman Barfield stated that it is amazing that everyone can recognize, in school or workplace, someone having a heart attack or choking on an object. Everyone has an idea of what should be done, but it is amazing how few people recognize the signs of mental health distress and know exactly what to do. It is important to recognize the needs especially in the most vulnerable, the children. So many are growing up now facing challenges. From an abuse standpoint, PTSD can set in early and affect a child for a lifetime. He appreciates the work of the CCPT. Ms. Allen continued the presentation as follows:  Substance Misuse-Involved Families:  Prevalent contributory factor in child maltreatment resulting in:  Child fatalities  Parental incarceration  Infants born addicted to controlled substances  Neglected and unsupervised children  Recommendations:  Community awareness through education regarding intervention  Continue collaboration with community partners to develop policy and procedures to ensure child safety  Advocate for legislation mandating improved oversight of medication providers and effective assessment and treatment services  Advocate for legislation granting child welfare social workers access to the NC Controlled Substance Reporting System (CSRS) in order to enable accurate assessment of the extent of a parent’s use of prescription drugs and the impact of that use on child safety  Lack of Affordable Non-Subsidized Housing:  Working poor are not eligible for housing assistance  Numerous affordable housing complexes damaged by Hurricane Florence resulted in the displacement of hundreds of families  Lack of affordable, adequate housing in New Hanover County, results in:  Families forced to live in unsafe neighborhoods  Multiple families residing in a single residence  Homelessness  Recommendations:  Provide funding to community agencies to develop innovative housing initiatives and solutions that meet the needs of all our populations, particularly the working poor  Require strict enforcement of housing regulations  Advocate for increased federal housing subsidies Judge Corpening stated in regard to substance misuse-involved families, CCPT is taking some of these recommendations back to the NC General Assembly. For example, regulation of providers for medication assisted treatment has to change. CCPT is seeing a common dominator in child fatality reviews related to lack of adequate of wraparound services for people participating in medicated assisted treatment. There are providers in the community who provide the wraparound services and meet the needs of people in the throes of addiction and are enabling them to have hope for a new life. The pill shops also need to be addressed and that will be done through regulation at the state level. CCPT is also going to be advocating on that issue. Judge Corpening continued the presentation:  Service Barriers for Undocumented Families:  Systemic barriers exist for undocumented families to access services to meet the basic needs of their children including:  Medical care  Dental care  Mental health treatment  Housing  Recommendations:  Ensure that basic needs for all children are met, regardless of citizenship, through advocacy at the local and state level Judge Corpening thanked the Commissioners for all they do as leaders in this community, for their continued commitment to children in this community, and for the innovative ways in looking at how to make things better for the children. He then requested the appointment of the following at-large members to the CCPT for the ensuing year: Mary Ann Lama, Executive Director, Domestic Violence Shelter and Services, Inc.; Robert J. Speight, th 5 Judicial District Chief Court Counselor Division Juvenile Justice, NC Department of Public Safety; Amy Feath, Executive Director, Carousel Center for Abused Children; Chris Preston, New Hanover County Youth Empowerment NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 364 Services Manager, New Hanover County Community Justice Services; and Steven Still, Director, New Hanover County Emergency Management. Chairman Barfield asked for direction from the Board to appoint Mary Ann Lama, Robert J. Speight, Amy Feath, Chris Preston, and Steven Still to the Community Child Protection Team for one-year terms expiring April 2020. Motion: Commissioner White MOVED, SECONDED by Vice-Chairman Olson-Boseman, to appoint Mary Ann Lama, Robert J. Speight, Amy Feath, Chris Preston, and Steven Still as recommended to the Community Child Protection Team for one-year terms expiring April 2020. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner White stated that recently on the front page of the Wall Street Journal was an article about a town in Utah with a population of about 35,000 where there was a suicide cluster at a high school. One young man committed suicide and over the next eight to nine months, six of his classmates committed suicide. The response of the school was examined, with the article focused not only the on social science of the clustering and effect as it relates to things like that, but the lack of training on part of the school system, and then with the second and third suicide, the denial of accepting and talking about it. In the middle of that span of seven young people losing their lives, a young man died in a car wreck. The school gathered together, had a huge funeral and event, crisis counseling, etc. There was no mention of the seven people that committed suicide and lost their lives. When the recommendation is made that this Board should mandate mental health training, it has tried to do that. He would like to explore it again and does not know how mechanically the Board could force the school system to do it. It has been strongly suggested in the past. Teachers and personnel find time, as they should, for all kinds of things once a year to advocate various positions. There is nothing in second place to adequate counseling for mental health. He is proud of this community that has challenges and struggles, they are seen every day and people work hard to try to address them. He thinks if something like that happened here, and it does happen from time to time, we as a community unify and collaborate in partnerships. There is no denial that problems exist and funding requests are not rejected when the Board knows the County can solve problems like that. He is glad the article was published for all to see. It is no way to respond to a mental health crisis in a community. He would like staff to explore ways that the school system can be encouraged, if not mandated, to participate. This is the third year in a row that they will be asked to do that. He does not know what the answer is as to what it will take to make that happen, but it needs to happen. In response to Board questions regarding child maltreatment that has resulted in child fatalities, Judge Corpening stated there have been child fatalities in the County due to maltreatment. He does not have the number, but can get the information. At the state level, there have been three child fatality reviews that all have the common denominator of breakdown with the medicated assisted treatment and the wraparound services that are needed. That caught the eye of CCPT in one of its own child fatality reviews and it led the Department of Social Services (DSS) to ask if that was happening in other places and the answer was yes, so CCPT continues to look at it. Chairman Barfield thanked Judge Corpening and Ms. Allen for the report and bringing attention to the lack of public housing. The lack of housing is creating a tighter crunch for individuals who need public housing. He further th stated there will be a Child Abuse Prevention Month flower launch on April 24 at 4:00 p.m. at the Marina Grill area. He thanked the DSS Assistant Director Mary Beth Rubright and staff for their work on the event. Chairman Barfield asked for direction from the Board to accept the report. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to accept the report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Rozann Burdick, Social Services, retiring with fourteen and a half years of service Julia Davis, Social Services, retiring with twelve years and seven months of service Jay Edwards, Environmental Health, retiring with thirteen and a half years of service Chairman Barfield presented retirement awards to the retirees and the Commissioners expressed appreciation and thanked them for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Lenwood “Bo” Dean, Human Resources Sharon Green, Health Setsuko Maeda, Social Services Caitlyn Mayer-Young, Social Services Edward Mccaleb, Building Safety T.R. Nunley, Social Services Allison Snell, Tax Twenty Years: Nadine Nepper, Property Management Twenty-Five Years: April MacAlpine, Health NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 365 Chairman Barfield 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: Anna Mcray, Emergency Management Joel McGee, Tax Laquandria Hansley, Social Services Ronald Meredith, Planning and Land Use The Commissioners welcomed the employees to County Government and wished them success in their new positions. POSTPONEMENT OF TIDES INC. PROGRAM UPDATE ON RESULTS YEAR-TO-DATE Chairman Barfield announced that the TIDES, Inc. program update on results year-to-date has been postponed until an upcoming meeting in May 2019. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Nursing Home Community Advisory Committee Chairman Barfield reported that eight vacancies exist on the New Hanover County Nursing Home Community Advisory Committee with three applicants eligible for reappointment and one additional application available for consideration. Vice-Chairwoman Olson-Boseman nominated Erica M. Batts, Shirley L. Crum, Marianne Eisenhauer-Wall, and Dorothy L. Grime for reappointment. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chairman Barfield called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Erica M. Batts, Shirley L. Crum, Marianne Eisenhauer- Wall, and Dorothy L. Grime to the New Hanover County Nursing Home Community Advisory Committee to serve three-year terms with the terms to expire April 30, 2022. Appointment to the Parks Conservancy New Hanover County, Inc. Board of Directors Chairman Barfield reported that one vacancy exists on the Parks Conservancy New Hanover County, Inc. Board of Directors with five applications available for consideration. Commissioner Zapple nominated Annalise Sheppard. Vice-Chairwoman Olson-Boseman seconded the nomination. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted in the majority to appoint Annalise Sheppard to the Parks Conservancy New Hanover County, Inc. Board of Director to serve an unexpired term with the term to expire June 30, 2021. Chairman Barfield, Vice-Chairwoman Olson-Boseman, Commissioner Kusek, and Commissioner Zapple voted in favor. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that one person signed up to speak on non-agenda items. Herman Harke, a resident of Caribe Court, stated he wanted to bring to the Board’s attention the significant issue of downstream flooding from developments and the lack of oversight by the county and the state. Developers must get a stormwater permit from the NC Department of Environmental Quality (NCDEQ) and the permit is only concerned with water quality, not quantity. The permit was originally designed to service one site with specific requirements. However, the state piggybacks multiple other stormwater permits onto the first permit and allows developers to push water into other neighborhoods causing flooding. The developer stormwater permit approval process is concerned with getting water out of the development, not downstream impacts and consequences. Current law does not give NCDEQ authority to address flooding, only water quality, therefore it's not their problem. NCDEQ members have openly stated that flooding enhances water quality and therefore they like it. NCDEQ members have stated that the longer water can stay in someone's yard, the better the quality will be. They will not allow his neighborhood to take out two right angles that inhibit water flow or open a ditch that is blocked to send water toward a marsh and the Intracoastal Waterway (ICW) because of its policy. Recent e-mails and letters to the state representative and Speaker of the House at the NC General Assembly have gone unanswered. In his neighborhood’s case, Avalon West off Myrtle Grove Road, the state issued a stormwater permit and the county issued construction permits for The Grove to push water under Myrtle Grove Road and through his neighborhood. What had been a dry swell with grass in it, is now a year-round creek with fish and ducks. It is eroding yards and causing flooding in his neighborhood. One homeowner is in the process of installing a 4-foot high seawall to contain the ditch to stop the flooding and erosion in his yard. Engineering Director Jim Iannucci and NCDEQ are both aware of the problem. One fix is a 36-inch pipe under Avalon Road to replace a 12-inch pipe to allow the water to flow freely. However, it flows through two more downstream neighborhoods. After a year of debate, he and his neighbors were told the county would have money in the new budget and that did not happen. It then was changed with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 366 county requesting Federal Emergency Management Agency (FEMA) funds. There are two more developments going in beside The Grove that will also be allowed to push water through his neighborhood as that is the only current route. This will mean close to 60 to 100 homes pushing through a system designed to service eight. The Engineering Department has told him it would like to push water down Myrtle Grove to cross into the wetlands and out to the ICW, but it needs an easement to do that and has not pursued it. He believes the fix is twofold: First, County Commissioners addressing the issue to take action, as the state cannot as prohibited by law, to make upstream developers responsible for the downstream flow modifications to stop flooding as the condition of construction permits; stop any further construction permits to The Grove until the needed modifications are made to eliminate the flooding. The same policy should be addressed countywide. Currently, the county makes the developer do the infrastructure for inside their development. However, the problem is the county does not make them do the infrastructure that their impacts cause downstream. Secondly, the Board can make developers purchase and give the county a bond for five years to cover any downstream modifications that may need to be made later. This is for the Board to address as state law does not mandate NCDEQ to consider flooding in its stormwater permit processes. In response to Board questions, Mr. Harke stated that his neighborhood is Avalon West. Chairman Barfield expressed appreciation to Mr. Harke for sharing his concerns. He asked County Manager Coudriet to have Director Iannucci follow up and provide insight to the Board on how the county can help. ADDITIONAL AGENDA ITEMS OF BUSINESS County Manager Coudriet stated that staff is aware of the impacts of Senate Bill 650 which intends to redirect sales tax. It has been shared with the Board that the estimated impacts from the first year of full effect across this community is $6 million. $4 million of that is only the collection loss to New Hanover County. Staff is th assembling an effort to be in Raleigh on April 16 with City of Wilmington staff to communicate the negative impacts. What appears to be different from this redistribution model compared to others, in looking at the fiscal notes on the Bill, is there are three or four counties and municipalities across the state that are net losers. New Hanover County is near the top of the list. There are a lot of things that go into the analysis and assumption and staff sees a lot of flaw in it, but is aware of it and working hard to fend it off. Vice-Chairwoman Olson-Boseman asked about the status of appealing the Healing Place matter. County Manager Coudriet stated that the matter is being appealed and he does not have an answer for when it will be heard in court or how long it will take to be heard once it is in the court system. It has not slowed down or disrupted Trillium's effort to continue to get final design and estimated guaranteed maximum price. Unless told otherwise by the Board, there is no intention to slow down the effort of design. County Attorney Copley stated staff is continuing the efforts of engineering and the architect is continuing his efforts. Of course that is at a cost which is being monitored by County Manager Coudriet and the staff. The County will have to get into Superior Court on the Writ of Certiorari that was filed and then it is expected that whoever loses may very well file in the Court of Appeals. At this point, the record is being put together and continuing with the legal courts. It could be a very long time for this process as it could take a long time to get into the Court of Appeals. Work is continuing on the project and it is unknown if the plaintiffs will try to get a motion for an injunction to stop the engineering and architect work. Vice-Chairwoman Olson-Boseman asked if there was any other place to locate the facility or put another treatment facility that would not receive the backlash or need the approval of the City. County Manager Coudriet stated there are and staff looked at a number of sites in partnership with Trillium. Trillium did its due diligence on its own. One site that was examined is property off of Juvenile Center Road. For the efficacy of Healing Place, it's imagined in terms of walkability, access to reliable transportation, and access to jobs. Trillium believed that was not a viable site after thoughtful consideration. Juvenile Center Road is property the County owns and is within the County’s jurisdiction. He believes it is zoned currently as industrial and it would be a use allowable by-right under the County’s rules. However, in light of the current situation, perhaps it needs to be reexamined at some point. Vice- Chairwoman Olson-Boseman asked about using the Third and Grace Streets site. County Manager Coudriet stated he believes that would require approval from the City of Wilmington, but cannot speak to that emphatically. Vice-Chairwoman Olson-Boseman asked County Manager Coudriet in regard to Project Grace if he has setup a public meeting or is in the process of doing so. County Manager Coudriet stated the proposal would be to proceed but only with the consensus of the Board to do so. Vice-Chairwoman Olson-Boseman stated she wants to make sure at the public meeting certain information is provided that was provided to the Board but not yet been presented to the public. She understands there will be some difficulty given that it is part of the negotiations and then asked what is the life left in the downtown library. County Manager Coudriet stated he would argue it is unlimited. There are some improvements/maintenance that would need to be made. Probably over the next 10 years or so he would believe there would need to be $2 million to $3 million spent on the library and also addressing what becomes of the Register of Deeds building that has been vacated. Probably in 10 years or so there is about $3 million to be spent on the block. The library itself could continue in its current state uninterrupted for the foreseeable future. He thinks there is indefinite life on the library at this point. Vice-Chairwoman Olson-Boseman stated one thing she wants to be sure comes out in the presentation, is that what is being asked in the proposal is to sell County property and then either lease it or buy it back from a developer. She asked if that was fair. County Manager Coudriet responded the way the deal is structured is that the Board would sell it, then it could either build on its own the costs of a relocated museum and improvements of significant overhaul, a new library, or could lease that, or could purchase it from the developer. He stated that yes, the project would assume new construction on the site of a library and relocated museum that would have a cost to the County. Vice-Chairwoman Olson-Boseman asked if it was correct in regard to the numbers, the County would sell it for one figure and buy it back for a whole lot more than it was selling it for. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 367 County Manager Coudriet stated the County would sell at whatever the negotiated price is, really what is the land and assets on the site. The County would either through lease or through an outright purchase have to pay for the costs of building a new library and building a new museum. Vice-Chairwoman Olson-Boseman asked if the County is going to sell for this amount and buy it back at this amount. County Manager Coudriet stated he believes it’s fair to say that, for what the value of the property is, and what would have to be constructed is certainly more than what the cash equivalency would be, the value and the project is that there would be private development to pay for some part of the costs of the facility or facilities. Vice-Chairwoman Olson-Boseman stated that with the figures the Board has been shown, the County would not breakeven, as far as the debt the County is incurring and the revenue receiving from the new tax base, unless phase three was done and this will be in 20 years. County Manager Coudriet stated as the proposal is drafted, he believes that is a fair representation of what the analysis shows. As it is presented, that is the offer that was made in the proposal, not necessarily reflective of the ability to negotiate. Vice- Chairwoman Olson-Boseman stated as drafted the proposal is to sell something that is okay, functional, doing what it needs to do, and then buy it back for more. County Manager Coudriet that is correct when the improvements on the site are included. As it stands, it absolutely builds a new modern library, the point well made that the library as it stands, could certainly continue for the foreseeable future. It is not ideal, but it also contemplates a reconstruction of the museum on that site as opposed to a rebuild on the current site. Within the planning horizon, it is the belief of staff that there will have to be significant investments in the Cape Fear Museum (CFM) to make sure it is vibrant and continues to be a high quality tourist destination. He believes there absolutely are dollars that need to be spent to ensure CFM is all that it can be. It absolutely is a new programmed cost to think about constructing a new library on the site. Chairman Barfield stated he does understand part of the flow with Vice-Chairwoman Olson-Boseman. For him, it equates to what has been done with the two schools. Blair Elementary and College Park Elementary were torn down because of functional obsolescence and two new schools were built. He guesses he would somewhat equate it to what the County did with the 320 Chestnut Street building through refurbishing it versus tearing down a building and not having anything there. The County is the leasing space for the entities that were in that building. Whether the Board approves the project or not, he thinks the Board has to have a conversation to figure out what needs to be done and what is the highest and best use for that entire city block. He knows a lot of folks are interested one way or the other in how the County proceeds. With the previous topic with the Healing Place, it disappoints him that the folks that are suing the County, or suing Trillium, do not fully appreciate that people in their community are dying every day because of this opioid epidemic. Because of what they do not want in their backyard, they are willing to allow others to die as well to get what they want. The longer this goes on, the more lives that are lost in this community. He further stated shame on them for every life that is lost because of what he deems as selfishness in not wanting something in their backyard. There is truly a significant problem in this community just as Mayor Benson represented this morning about the need to address mental health issues on the southern end of the County. He knows the County is trying to do all it can to address this issue, and to him, the perfect location is what has been chosen, to help the citizens of this community. Commissioner Kusek stated that she agrees and she thinks that is where part of her angst is coming from on moving forward and spending so much money on a project downtown when it is known there is a need for schools and treatment facilities. A debt service of $1.8 million every year could do a lot for that. $53 million could build a couple of schools. The County needs to proceed very cautiously. The numbers are clearly not what they were presented to the Board 18 months ago. They are quite larger and she suspects if this proceeds down the road another year or so, they will be larger still. There is a need to be very careful where the County is borrowing money and what for, what is it going to cost, and what is the highest and best use of the taxpayer dollars. Commissioner Zapple asked if his understanding is correct that there have been no formal negotiations with the Zimmer Development Company (ZDC) at this point. County Manager Coudriet responded that was correct. Commissioner Zapple stated that the numbers currently being used are basically the County’s own numbers, and it is a guess at what the response from ZDC will have in a formal basis and asked if this was correct. County Manager Coudriet stated that staff has an estimated cost, well informed of what a replacement on the current site for the museum is or a new build in a new location, that are numbers that the County staff and the design team developed. Also, staff has the estimated costs of what a new library would be, but he and staff are reacting in terms of cash out the door at the moment to the proposal as presented. Commissioner Zapple asked if it was correct that the response was only to the Request for Proposals (RFP); in other words, a top line response and there has not yet been the chance to sit down and negotiate. County Manager Coudriet responded that staff has not negotiated, but does have a sense of what it would take to rebuild the library and not originally part of any programming to build a new library on the same site in an alternative location. He thinks, to Commissioner Kusek's point, certainly the costs look very different today than they did 18 months ago to build the basic boxes that would be the CFM and the library. Staff has an assumed cost of what the County could acquire the property for through the developer, or what it would cost the County to build. He does not think the path and the options are completely developed out, but staff has a handle on what the public costs would be if the Board proceeded on the County’s debt dollar. Commissioner Zapple asked if the County has the ability to negotiate the size and scope of the project as well. County Manager Coudriet stated that was correct. Commissioner Zapple asked if it was correct that has not been discussed with the developers. County Manager Coudriet stated that was correct. Commissioner Zapple asked if also, the concept, to Vice- Chairwoman Olson-Boseman’s comment about the sale of the property and who owns that land, is also part of the negotiation process. County Manager Coudriet stated that was correct. Commissioner Zapple stated that the County could make a demand that it continues to own that and that will put the County on a different path financially as well as the structure of the deal. It is all part of the negotiation process that has not happened because no discussions have taken place yet and there are many different avenues that Project Grace could take. Until the conversation is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 368 had with the developer, formal conversations, it cannot be fleshed out. County Manager Coudriet stated that was correct, he would agree with that. He stated that certainly as it is presented to staff and after staff’s evaluation, staff would not recommend to the Board to proceed with the proposal and offer on the table. He stated that if he has not said that publicly, he should have. That was the lead offer, and the thought of staff is to ultimately secure the opportunity to negotiate to see if it can be improved. There is no certainty, but there appears to be interest from the developer to find a positive path forward. There is no question the way it is presented in terms of the expense and associated revenues, he thinks the point made by both Commissioners are spot on, it would not make sense to proceed if this was the deal. No question about it. Chairman Barfield asked if one option is similar to what is being done with the Department of Social Services building, just to build the CFM and library downtown ourselves on the land the County already owns and decide something else later with the other parcels. County Manager Coudriet stated that is not something staff has necessarily contemplated because what staff found in terms of the value was the potential for private developers to generate some revenue to help cover the cost going out the door in terms of debt. If the Board would like staff to explore with a private developer selling off some portion of it and the County retaining it and doing it itself, those are all options in staff’s mind that are available but have not necessarily been part of staff’s evaluation to this point. Vice-Chairwoman Olson-Boseman asked if while staff is moving through the Project Grace, can a proposal be brought to the Board for the treatment centers. There is not a plan for a women’s facility. She thinks that the Board has been clear it has big concerns with opioid and mental health and it wants something to move forward instead of it being repeatedly delayed. County Manager Coudriet stated he understood. Vice-Chairwoman Olson- Boseman stated that if staff came to her and asked to borrow $10 million for a new treatment center and explained all the great things that were doing to be done, she would be more likely to approve that than she would be to build a new museum at this time because of the great need there is in this community. County Manager Coudriet stated he understood. Commissioner White stated that this binary conversation the Board is having presupposes it is an either/or proposition and it is not. The County serves a lot of different, sometime conflicting needs and strategic imperatives. We have a library. We have a museum. We have schools, public safety, Sheriff's Department, and a community college. We have a lot of things. If the County picks and chooses one over the other and says well if we do A, we cannot do B, nothing would ever get done. Part of what is done every year is to go through the process of prioritizing, budgeting, and trying to set strategic plans in place that meet multiple needs of the community. Years ago before all of us, this community chose to have libraries and museums. Lots of counties have none of those things, some counties have one but not the other, and some counties have both. He would suggest that this County is fortunate that it has both. Commissioners before this Board came together and bought an armory and put in hundreds of thousands of dollars to have a museum that presently has 28,000 items in its basement that the public does not get to see. On the other side of the coin, the County has a library, lots of libraries. Although the use of libraries has changed, in the post iPhone/smartphone era, it does not negate the cultural benefits of having access for literacy, childhood education, enrichment, and all the things libraries are looked at to serve. If the County is going to continue to be in the library and museum business, if we are, but if not, then everything that has been said today he would agree with 100 percent. However, if the County is going to continue to be in the library and museum business as a choice because it is not mandated by statute, there is no requirement for the County to fund, at all, libraries or museums, it is completely discretionary unlike these other things. The County has to fund community colleges, public schools, Sheriff, and Social Services, but it does not have to fund a library and a museum. If the question is, is the County is going to fund libraries and the museum, then the answer must include some five, ten, 15-year plan as to how to do that. When Project Grace was conceived and discussed in its infancy before it had the fancy name and even before the County acquired the last parcel of the parking lot to own the entire block, conceptually, the question was, a) would there be a way to relocate the museum, remodel the library, take advantage of common areas, i.e. elevators, bathrooms, conference rooms, and lobbies, etc., increase square footage, increase use, put it in a more urban populated area, and b) would it be possible to have the private sector pay for that. Essentially government would get a relocated brand new building for free and that is how the idea began. The County proceeded down the path in hopes that would happen. If nothing gets built, there is no extra revenue. It is not as if a choice is being made to do one thing over building schools or choosing to do something over building treatment centers. That is not what is being done. He certainly understands the passion on part of his fellow commissioners who want to make choices and prioritize. All agree that is important to do. The lingering unanswered question out there now, is what is the County going to do? The status quo is to do nothing and continue to fund CFM at its present rate and fund the library at its present rate. The County either ignores the facilities requirements that both of those buildings are going to have or do something about it. As it relates to the block that the County owns in the City of Wilmington, what is the highest and best use of that? It was felt and he thinks all would agree, that going down this path to discuss it was the right thing to do for purposes of exploring options. No one has committed anything other than the relatively modest amount of money to review this and mostly that has been staff time. There have been some expenditures, but organizations go through that all the time to assess their real estate needs, portfolios of what they own and strategic plan and prioritization. The money has been well spent because it has brought a spotlight to what is the best use of that block. When the numbers changed, he would agree with Vice-Chairwoman Olson-Boseman and Commissioner Kusek, he was surprised about the numbers. He would not support in its present state the increased cost because if government can do these things with the private sector paying it with a dedicated revenue stream of new taxes, it did makes sense. If it does not, then it would have to be a choice between appropriating general fund dollars to that new debt versus potentially a school or a treatment facility. If it goes down the road of it is an either/or proposition, the Board can pose that question in front of every budget question it has. He sees tremendous value in what has been done with the Project Grace conversation. He has been surprised at the pushback publicly. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 369 He does not think it has been on a fiscal basis, except with some Commissioners including himself. It has been more of the idea of “I just don't want change.” He does not know what the County is going to do with the library and museum. One option is to do nothing and punt to let some other future Board deal with it when they have to. However, the County Manager needs some direction. He has been diplomatic but basically, what he's saying is, tell him what we as a Board want him to do. That’s what he's asking. What does the Board want him to do? Commissioner White stated his personal view would be to continue the conversation. No money is being spent and it does not hurt anything to know the full range of options. He thinks it helps the community in calcifying what it wants the County to do to continue to talk about money. The back and forth of negotiations, there is no downside to that. He does not know if another community meeting is needed or not, but he does think the Board needs to be engaged more. The Board cannot leave it at this and drop it and be done with it, there needs to be some clear and concise movement forward. Chairman Barfield expressed appreciation to Commissioner White for his comments. He looks at the conversation as a realtor writing an offer on a piece of property and that is just the beginning. There is then 30 days’ due diligence or however many are put in the offer. During that time, you can do all of your inspections, decide if you can get financing or not, and during that period you can walk away for any reason at all. The only thing you have lost is what has been spent on inspections or any fees that have been paid. Outside of that, you have lost nothing, but you have a chance to take a look. With those contracts, sometimes a seller requests a due diligence fee to take the property off of the market to allow the potential buyer a look. That is money the seller gets to keep. You do not get it back if you buy it or not. As he mentioned over the weekend, he thinks it is important to at least have the conversation publicly so the public knows where the County is going. At the same time, he thinks it is important to find out at least what the options are. You go down the road to negotiate, if it does not cost the County a lot of money to do that. It may be found that this is not a good fit, but at least it will be known as opposed to guessing, or we may find that it is a great deal and we go in and negotiate to get some things we really want, provide affordable housing solutions as well as housing solutions downtown, and have something that would redefine downtown Wilmington and that works out financially well for the County. Until we go to the next step which is negotiating and asking the tough questions, he does not know if the County will ever have the answers. He would be in favor of going to the next step and finding out what the numbers are and recognizing what numbers are in hand now are not the real numbers, no different from making an offer on the property. You negotiate repairs and all those things and come up with something different from what you started with. He thinks that is what is owed to all of the folks that have come to community meetings that invested their time, energy, and effort in just having a conversation. Dropping it here would be a disservice. He would be in favor of moving forward and again having the conversation. Vice-Chairwoman Olson-Boseman stated there is kind of an elephant in the room here with the museum. She asked if there was and how, if it is possible, to begin the discussion. County Manager Coudriet stated he would interpret the question to mean that there is real money that at some point the Board, sooner rather than later, needs to make a decision about how much capital it is willing to invest in CFM to be sure it is relevant and vibrant. Vice-Chairwoman Olson-Boseman stated that is not what she meant. She means the possibility of assistance with the museum. County Manager Coudriet responded that certainly is an option to look at other interested parties who can and will bring operating or capital money to bear. Vice-Chairwoman Olson-Boseman stated so there is that to be considered as well to move Project Grace forward, in her opinion, and asked if that was correct. County Manager Coudriet stated that he thought that was fair. Vice-Chairwoman Olson-Boseman asked at the same time while he and staff are moving forward with these talks about Project Grace, will they be able to move forward with what is being discussed with the museum and looking for someone else to help with that. County Manager Coudriet stated yes. Chairman Barfield stated that in 2010 the citizens in this County passed a quarter-cent sales tax which was predicated upon protecting the quality of life initiatives in this community. The County really emphasized parks and gardens, museums, and libraries. The citizens voted in the majority to pass the quarter-cent sales tax. Those were the issues that were talked about extensively with every group the County met with. The quarter-cent sales tax is approximately bringing in over $10 million each year for this County. Many other counties have tried to pass a quarter-cent sales tax and attached it to certain things and it did not pass. As a matter of fact, he was on a panel at the 2010 or2011 state conference talking about things the County did here to pass the quarter-cent sales tax to try to educate other counties on the need to do that. His question is if the County gets rid of the museum, what has been told to those folks who voted for the quarter-cent sales tax in 2010. Commissioner Zapple stated that he thinks the plan laid out to the Board with Project Grace is a good plan and should continue forward with formal negotiations. ZDC has shown informally in conversations, a willingness to listen and react to a lot of public comment that is happening as well as staff comments. He believes the process is working but the missing step is to sit down to start to define the scope. Right now, what is being dealt with is conceptual renderings. The size and scope have yet to be negotiated and defined. As he mentioned before, the discussion of who owns the land and who owns the air rights, all of that has yet to be determined through negotiations. All of it will affect the bottom line. He does not believe it is fully known what is being dealt with at this point. He strongly agrees there is a need to continue to take it to the next step where the groups can sit down. He also agrees that this Board needs to be more involved and is hopeful to have multiple updates from staff as negotiations proceed. He is fully supportive of having another community meeting. He also agrees with tweaking the format of the community meeting to allow more significant input from the community. He thinks that would go a long way. There is a lot of misinformation out there. He thinks it will surface a tremendous amount of support that he knows he has heard from the business community and all sectors of the community about the thought of the County making an investment with trying to take a project in the middle of downtown to help transform downtown NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 370 Wilmington. He thinks it is a lot of excitement that has gotten lost in the community and thinks the community will help bring that forward. Commissioner Kusek stated that she knows the format is being developed for the community meeting now and commends the staff on that. However, one of the things that she does want to request of the County Manager and staff that is presented to the public right up front is the cost and the debt service. The fact that it is known one of those facilities will not need any improvements or capital outlays for at least five years, all of that needs to be, in her opinion, put up front for consideration in the public meeting as well. County Manager Coudriet stated yes. Chairman Barfield asked if he was hearing consensus to move forward in the negotiations. Commissioner White stated that if there is a motion to be made, then he would suggest to continue to move forward. However, in light of all of these comments, he thinks that if one thinks of everything the County owns as a holding company, if we do not have dedicated staff members getting up every day, week, and month thinking about the highest and best use of a parcel the County owns, in all areas of the County; holding companies do that every day. The County has these parcels that are of tremendous value, there are a few we can think of off the top of our heads with Third and Grace Streets probably being the biggest one. He thinks the Board is breaching its fiduciary duty if it does not continue to let staff move the ball forward. If the Board then opts to vote it down or decide that the debt service does not make sense for whatever reason, that is okay. At least one option will be taken off the table, but in the process it would have identified potentially many other uses or opportunities for that particular parcel. Then the Board moves on to other parcels such as Battle Park. What is the County going to do with that? Is it going to be a park? Is the County going to sell the front part of it on a major commercial corridor and monetize that and develop the back? What is going to be done? If you are governing this holding company here and these questions are not being asked, and the governing board is not asking and answering them, then as board members we are not doing our job. The Board is retaining and holding real estate and not giving staff clear direction on what, if anything, to do with the real estate. He would certainly vote to continue to go forward. If you want to call it with Project Grace, that is fine. He thinks the Zimmer component is one, but clearly in context of what the County Manager has heard, he would also think the County Manager needs to continue forward with engaging some other governmental unit to take over the museum if that is an option; to continue to talk about developing Third and Grace Streets with just the library; maybe developing it without a library. There is half a dozen to a dozen options. Doing nothing, or not asking the questions and moving the ball down field, is not an option and he does not think the Board is doing its job if it refuses to invite information and opportunities its way. That is his vote, continuing forward. As far as the community input, the communities have tons of input, pro and con. He does not know that they have accurate information. Commissioner Zapple is right, there is a lot of misinformation out there. Maybe there is some that want to keep the library, some that want to tear the library down, some want to do Project Grace, some that do not, and some that want status quo of do not do anything at all, ever. More of that will be heard if a community meeting is held. Ultimately, these are decisions that these five Commissioners were elected to make or five new people down the road. He stated he would vote to continue forward. Commissioner Kusek stated on one more clarification. She agrees with part of what Commissioner White said, but what she would like to see that she thinks is missing for her is that things that have been presented thus far seem to be headed in all in one direction. And that is what the words “proceed with negotiations” scares her about. She still wants to see, before moving way far down the track, some of the other options that have just been discussed. Perhaps the County retains the library as it is and space for a museum and sell off the rest of it. She wants to look at what that option looks like. She wants to look at what happens if that is done and do not do anything to the library for a few more years. She has not seen those alternatives in place and to her that is what is missing. She is afraid if the Board says to go forward, six months from now, it will find itself down a long train and in place it does not want to be. She would like to see those options explored. She thinks staff is in a position to do that in an expert way and if it can be done, she thinks that would be phenomenal. Chairman Barfield stated he would think both could be done. He thinks it will take a good year, if he is not mistaken, to have a good negotiation. He asked if he was correct in that thought. County Manager Coudriet stated that certainly is what staff thought was reasonable to have a negotiation and a development of a development agreement. He thinks to the point that Commissioner Kusek made, what ultimately is viable and not viable on the site certainly is much sooner than that. He expressed his apologies to the Board if he and staff presented it as a take it or leave it option, as that was never their intention. What they were trying to show was the analysis based on the proposal to say this is the start, but this is what it would cost to proceed. However, he and staff believe there needs to be a better deal made for it to make sense for the taxpayers. Certainly those discussions with each Commissioner has opened up new potential and possibility. To Zimmer's credit, they were simply responding to the proposal as framed. ZDC certainly has expressed willingness to look at other alternatives and other combinations of things on the site. He does genuinely believe that can only be achieved through a thoughtful and authorized negotiation. Commissioner Zapple stated that he agrees with Commissioner Kusek’s comments as far as exploring other alternatives and other looks that have been offered. One of the biggest problems being faced here is there is one respondent to the RFP, one company's look at this. He knows at this point everyone all hoped to look at three, four or maybe more proposals that would have surfaced a lot of what is being discussed. It did not happen and without that happening, it would be good for staff to bring forward some of the alternatives to see what ZDC or the Board’s own thoughts are on that. There are multiple ways to look at that property. He stated he would support moving forward on parallel tracks of exploring other alternatives as well as bringing those up to ZDC. He, again, thinks the County Manager has hit it on the head by saying ZDC has simply responded to top-level questions that were asked NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 371 about the best use of the property from their point of view in answer to the RFP. They have not had a chance to show formally other looks that they can come up with. Chairman Barfield asked if that was a motion. Commissioner Zapple responded that it was. Motion: Commissioner Zapple MOVED to direct staff to move forward with exploring alternatives and to begin negotiations with the Zimmer Development Company. Chairman Barfield stated there was a motion on the floor to continue negotiations with Zimmer Development Corporation as well as giving staff direction to look at other alternatives as well to give the Board the full scope of what it can do with the entire block. He further stated that again, his thought is that it will take a while to get there with numbers with Zimmer. At the same time, it may take a while to get there with other options as well, to fully vet those, and at that future date they can come back with what all those things would be and decide what is best, whether to keep it the way it is, whether to move forward with one piece or a part or nothing at all. Chairman Barfield asked if there was a second to the motion. Commissioner White stated he would second the motion. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner White to direct staff to move forward with exploring alternatives and to begin negotiations with the Zimmer Development Company. Chairman Barfield stated that there has been a motion by Commissioner Zapple, seconded by Commissioner White and the Board is now at the discussion phase. Commissioner White stated that it does not sound like to him that the Board is in that much disagreement. He thinks all five Commissioners share the fiscal concerns that were identified by Commissioner Kusek. The numbers have changed and that does change things. He thinks Vice-Chairwoman Olson-Boseman’s comments about does it make sense to trade this or that? It doesn't under the present construct, but on the other hand, the Board needs to know more about this particular deal if there is a deal to be made. Under the surface of all of that is the larger issue that he just talked about a minute ago. What are is going to be done, if anything, with that piece of property, which is of great value. It is in the middle of downtown and it has value. Value can be defined as monetary value if you just sell it, as value proposition if you partner with a public/private as we are trying to do. If that doesn't work, what are we going to do with it? Although it might appear the Board is disagreeing over things, he does not think the Board is really disagreeing on this motion and on the idea to continue forward. He asked County Manager Coudriet if he has clear direction. County Manager Coudriet stated that yes, he has a sense of where the Board would like staff to go. He believes that the Board is saying no matter the form of the discussions going forward, acknowledge that the deal as presented is not a good financial deal. He and staff should have said that publicly to this point and he thinks he has said it privately but certainly, the deal as presented does not make sense. There are known costs about what a museum and library would cost and that is real money. It needs to be factored for and staff needs to do all it can to lower the costs and/or find partners on the museum and other things. He believes there can be some success on that. Just as importantly, think about options of reconfiguring what is on the site as long as it has some element of public purpose and has some private development. Is it just a museum, it is just a library or is it a combination thereof? Is it the library in its current form? Explore all of the options within the framework the Board has already authorized, explore options of who owns what and at what costs looking forward. That would be his summary of what he heard. Chairman Barfield stated that there is a motion and a second on the floor. He is glad this is being done because for him personally, he does not have enough information to make an informed decision. He thinks more information for him is going to be better. Chairman Barfield asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOSLY. Chairman Barfield asked if there were any further agenda items of business. Commissioner Zapple reported that Chairman Barfield and he attended a presentation over the weekend, sponsored by Foundation Forward, of a gift being presented to the citizens of New Hanover County and the City of Wilmington in the form of a memorial that will feature the three charter documents for our nation. The Constitution, Declaration of Independence, and Bill of Rights. The monument will be 10 feet long by four feet wide and feature metal plates under glass and will be placed in a portion of the County in a high traffic area. The goal being to educate our citizens and youth about these important documents. They will be there available, to be read, and shown 24 hours a day. The value of the gift is over $130,000. It is unique, but he thinks it is a really important educational tool and this County has been honored as one of five counties, so far, in North Carolina to be given this monument. The goal is to place the memorials across the United States. He thanked Foundation Forward for the gift. Chairman Barfield stated that the recent Beach Towns meeting attended by the Board to understand their concerns and needs was a good meeting. Shore Protection Coordinator Layton Bedsole provided an update on coastal storm damage reduction as well as the dredging of the Carolina Beach Inlet. Mr. Bedsole made the point to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, APRIL 15, 2019 PAGE 372 state that the dredging event for the Carolina Beach Inlet is coming up and it was never about funding, but timing with the U.S. Army Corps of Engineers. The County’s goal is to assist with that financially as there are resources in the County’s coffers to cover its portion of what it would cost to have it dredged and make it safe and navigable. He thanked Mr. Bedsole for his presentation during the meeting. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 11:07 a.m. 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.