2019-03-18 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 323
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, March 18, 2019, 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 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
Pastor Shawn Blackwelder, St. Paul’s United Methodist Church, provided the invocation and Commissioner
Patricia Kusek 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 Vice-Chairwoman Olson-Boseman, 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 Agenda Review Meeting of February 14, 2019, the Regular
Meeting of February 18, 2019, and the Special Meeting of February 21, 2019.
Appointment of DSS Community Services and Facilities Manager Gwendolyn Williams to the Eastern Carolina
Human Services Agency, Inc. Board – Governing Body
The Commissioners appointed DSS Community Services and Facilities Manager Gwendolyn Williams to the
Eastern Carolina Human Services Agency, Inc. (ECHSA) Board to serve the unexpired term of DSS Assistant Director
for Economic Services Tonya Jackson. DSS works with most of the clients that may be assisted by this agency and
ECHSA administers the Community Services Block Grant Program to provide services to low-income families in New
Hanover, Onslow, Duplin, and Pender counties and receives funding by the State.
Adoption of a Resolution Supporting Medicaid Expansion – County Manager
The Commissioners adopted a resolution supporting Medicaid expansion during the 2019 legislative
session.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 25.1.
Adoption of a Resolution to Exchange Four Hundred Used Pistols for Four Hundred New Pistols with Smith &
Wesson – Sheriff’s Office
The Commissioners adopted a resolution approving the exchange of weapons and authorized the County
Manager to execute the agreement, with the form to be approved by the County Attorney. The Sheriff's Office has
received an offer from Smith & Wesson which allows them to exchange four hundred used pistols for four hundred
brand new in box pistols. The value of the used weapons is $174,000 and the sales price of the new weapons is
$174,000. NCGS 160A-271 states that a county may exchange any real or personal property belonging to the county
for other real or personal property by private negotiation if the county receives a full and fair consideration in
exchange for its property. A Public Notice has been posted describing the property to be exchanged and announcing
the board's intent to authorize the exchange.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 25.2.
Approval of the First Reading of a Franchise to New Hanover Regional Medical Center – County Attorney
The Commissioners approved first reading request for the execution of New Hanover County Contract #19-
0315. This is the renewal of the existing franchise. As in the prior franchise, New Hanover Regional Medical
Center requests authority to operate a Cat. I (emergency), Cat. II (non-emergency) and Cat. III (critically ill patient)
ambulance service; and authority for Cat. IV (air transport) and Cat. V (water transport) ambulance service. The
terms of Agreement, New Hanover County Contract #19-0315, authorizes a renewal and extension for a subsequent
ten-year term with Commissioner approval.
Approval of an Application for the Waiver of Landfill Tipping Fees for the Cape Fear Public Transit Authority –
Environmental Management
The Commissioners approved the request for the waiver of landfill tipping fees for the Cape Fear Public
Transit Authority (CFPTA). The request is for the waiver of fees for up to 450 cubic yards, or the equivalent of $8,100
in lost revenue, that would be generated from the construction of the new CFPTA Transit Station. This fiscal year to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 324
date, $478,903 in tipping fees (10,456 tons) has been waived, plus an additional 36,185 tons of hurricane-related
waivers, valued at $1,432,066, for a total amount waived of 46,641 tons ($1,910,969).
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 25.3.
Adoption of a Resolution to Award a Bid in the amount of $305,025 to Premium Power Systems, Inc. for
Installation of a Stand-by Generator at Blair Elementary School and the Ordinance for Budget Amendment 19-048
– Property Management
The Commissioners adopted a resolution to award a bid to Premium Power Systems, Inc., in the amount of
$305,025 for the installation of a stand-by generator at Blair Elementary School, adopted the ordinance for budget
amendment 19-048, and authorized the County Manager to execute the contract. Budget amendment 19-048
budgets an additional $31,825 installment loan proceeds to pay for the installation of a stand-by generator to be
installed at Blair Elementary School. The amount budgeted in the FY18-19 budget for the generator is $273,200. This
budget amendment will increase the funds available to $305,025 which is the amount for this bid to be awarded to
Premium Power Systems, Inc.
A copy of the resolution and budget amendment 19-048 are hereby incorporated as part of the minutes
and are contained in Exhibit Book XLI, Page 25.4.
Approval of Order for Advertisement of 2018 Unpaid Tax Liens on Real Property – Tax
The Commissioners approved the Order for Advertisement of 2018 Unpaid Tax Liens on Real Property for
New Hanover County, City of Wilmington, Town of Kure Beach, Town of Wrightsville Beach, Town of Carolina Beach,
and the New Hanover County Fire District.
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page
25.5.
Approval of January 2019 Tax Collection Report – Tax
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire
District, and New Hanover County Debt service as of January 2019.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in
Exhibit Book XLI, Page 25.6.
Approval of Board of Education Budget Amendment #5 – Finance
The Commissioners approved the Board of Education Budget Amendments #5 as follows:
On February 5, 2019, the Board of Education approved budget amendment #5, which includes the following
in the general and capital outlay funds:
Record State Revisions 21 - 31
Budget Employee Hurricane Assistance funded by donations and budget transfers to cover changes.
Transfers capital project savings from completed projects to Sea Tech Phase II Renovations. Also,
correcting a carryover balance.
Budget for a donation and grant, as well as proceeds and miscellaneous program transfers.
Adoption of a Budget Amendment 19-049 to Transfer $217,000 from the General Fund to the Health and Human
Services Facility Capital Project – Finance
The Commissioners adopted budget amendment 19-049 to transfer $217,000 from the general fund to the
health and human services facility capital project. As a part of the fiscal year 2018 budget process, the Board
approved $21,627,217 for the new facility based on estimates determined at that time for a total project budget of
$23,142,957. The guaranteed maximum price for construction of the project was finalized in December 2018 at
$20,498,408. The remaining budget will cover other project costs which include design, site work, and
permitting. Furniture, fixtures and equipment are estimated to be $1,494,560 and exceed the remaining project
budget. County staff anticipated including these costs in the capital improvement plan for fiscal year 2020. However,
the project is currently ahead of schedule and a deposit on certain cubicle equipment must be made in fiscal year
2019 to avoid delays in the interior wiring and electrical work. No additional fund balance is requested to be
utilized. The remaining furniture, fixtures and equipment costs will be budgeted in the fiscal year 2020 capital
improvement plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 325
A copy of the budget amendment 19-049 is hereby incorporated as part of the minutes and is contained in
Exhibit Book XLI, Page 25.7.
REGULAR ITEMS OF BUSINESS
POSTPONEMENT OF A RESOLUTION IN SUPPORT OF CAROLINA BEACH COUNSELING
Chairman Barfield announced that the consideration of a resolution in support of Carolina Beach Counseling
has been postponed until the April 1, 2019 meeting.
PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES
County Manager Coudriet recognized the following employees receiving a retirement award:
Mark Murphy, Social Services, retiring with twenty-five years of service
Linda Huffman, Social Services, retiring with thirty years of service
Chairman Barfield presented a retirement award to Mr. Murphy and Ms. Huffman 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: Karen Capretta, Tax
Brian Hagge, Information Technology
James Miller, Sheriff’s Office
Alex Wright, Community Justice Services
Fifteen Years: Keysha Fredlaw, Social Services
Thirty Years: Suzanne Sykes, Parks and Gardens
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:
Ariahna Cromartie, Social Services
Deirdre Holmes, Senior Resource Center
Netosha Keefe, Social Services
Robert Klawonn, Tax
Brenda Resavage, Social Services
Karen Richards, Social Services
Miranda Stewart, Social Services
Tracey Wooten, Public Health
The Commissioners welcomed the employees to County Government and wished them success in their new
positions.
PRESENTATION ON HEALTH AND HUMAN SERVICES CONSOLIDATION AND ADOPTION OF A RESOLUTION
ESTABLISHING THE NEW HANOVER COUNTY CONSOLIDATED HUMAN SERVICES AGENCY
County Manager Chris Coudriet presented the following information on the health and human services
consolidation:
New Hanover County History:
Organization and Governance Study Group at the board’s direction (2013)
Functional Collaboration policy at the board’s direction (2014)
History, successes, and options for re-examining consolidation at the board’s direction (2019)
Governance Models Available:
Stand-Alone Health and Social Services Departments:
Status Quo:
Two departments/agencies
Governed by two independent boards
Agency directors appointed by the independent boards
Employees of agencies are county employees
Employees are subject to State Personnel Act (SPA)
Board of County Commissioners (BOCC) Assumes Powers and Duties of Boards:
Two departments/agencies
Governed by BOCC
BOCC must also appoint a prescribed advisory committee
Agency directors appointed by BOCC
Employees of agencies are county employees
Employees are subject to SPA
Public hearing on the entire matter is necessary
Single Consolidated Human Services Agency (CHSA):
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Independent Consolidated Human Services (CHS) Board:
Single agency
Governed by a single independent board appointed by BOCC (prescribed membership)
BOCC appoints a nominating committee for membership to the CHS board
CHS director appointed and supervised by County Manager with advice and consent of
CHS Board
Employees are county employees
County may elect to keep or remove employees from SPA
BOCC Assumes Power and Duties of CHSA Board:
Single agency
Governed by BOCC
BOCC acquires powers and duties ONLY for consolidated agencies
BOCC must appoint a prescribed advisory committee
CHS director appointed and supervised by County Manager
Employees are county employees
County may elect to keep or remove employees from SPA
Public hearing on the entire matter is necessary
37 Counties Executing Consolidation Authority:
Public Health (PH) and Social Services (SS) Organization and Governance – Resolutions as of
September 2018:
Option 1 with both SS and PH agencies governed by BOCC (Graham, Jackson, Stokes, Sampson)
Option 1 with SS agency governed by BOCC, PH agency with appointed governing board
(Cherokee, Ashe, McDowell, Mitchell, Watauga, Wilkes, Surry, Columbus)
Option 2 with consolidated Human Services (HS) agency including SS and PH, appointed CHS
board (Haywood, Buncombe, Gaston, Davie, Union, Forsyth, Stanly, Rockingham, Wake, Nash,
Edgecombe, Carteret, Dare)
Option 2 with consolidated HS agency include SS and other human services but not PH,
governed by appointed CHS board (Polk)
Option 3 with consolidated HS agency including SS and PH, governed by PH, governed by
BOCC, health advisory committee (Clay, Swain, Yadkin, Mecklenburg \[no advisory committee\],
Guilford, Montgomery, Richmond, Bladen, Brunswick, Pender, Onslow)
Option 3 with consolidated HS agency including SS and other human services but not PH,
governed by BOCC (Cabarrus)
The remaining 63 counties have SS and PH agencies with appointed governing boards
County Interviews and Year of Consolidation:
Brunswick (2013); Buncombe (2012); Cabarrus (2013); Forsyth (2018); Guilford (2014); Onslow
(2013); Pender (2013); Union (2012); Wake (1996)
Not able to arrange a discussion with Gaston and Mecklenburg
Key Themes from Counties Interviews:
Conducted interviews with nine peer and regional counties who have implemented consolidation:
Each county interviewed would use the consolidation authority again as it is viewed as an
improvement over the traditional model of governance
Aims of each county were to align the functions of health and human services closer with the
overall goals of the county; have better integration of service delivery; and bring
accountability closer to the board, directly or indirectly, via the county manager’s office
Varied governance models chosen by boards of commissioners for a number of policy reasons
Status Quo Considerations for New Hanover County (NHC):
What are the advantages of staying the same?:
Requires no change; stability for staff and boards
Keeps structure most familiar
Keeps in place political buffer through two independent boards
What are the disadvantages of staying the same?:
Prolongs ongoing issues of collaboration, coordination, and service integration
Little incentive for interagency collaboration across common clients
Little incentive to align with the county’s vision and strategy
Continues issues with agency accountability but precludes county administration from
addressing accountability issues
Governance Change Considerations for NHC:
What are the advantages of a governance change?:
Higher level of client responsiveness, better coordination of services, better teamwork and
collaboration
Better communications, better planning, better relationships, greater productivity and
accountability, more consistent practices and policies, simplified human resources
Clearer alignment with the board of commissioner’s policies
What are the disadvantages of a governance change?:
Lack of state assistance, difficult to navigate agency-culture differences, larger agency
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If the board of commissioners sits as governing board, there could be a lack of political
buffering with policy choices, time demands placed on the board, functional role of the
advisory board
New Hanover County Policy Recommendation:
The evidence suggests consolidation drives better alignment, more integrated service delivery, and
more accountability to the board of commissioners
Commit to a governance change effective July 1, 2019:
Establish a consolidated human services agency accountable to the county administration
Appoint a 15-person consolidated human services board with governance responsibilities and
is appointed with county residents
Bring agency employees fully under the county personnel policy
15 Member CHSA Board Makeup:
4 consumers of human services; 1 psychologist; 1 pharmacist; 1 engineer; 1 dentist; 1 optometrist;
1 veterinarian; 1 social worker; 1 registered nurse; 2 physicians, including 1 psychiatrist; 1 county
commissioner
How to Proceed:
Adopt a board resolution calling for the governance and policy changes it chooses
Appoint the boards of health and social services, and the county commissioner on the Trillium
Southern Region Advisory Board, as the nominating committee for a consolidated agency board
Appoint the consolidated agency board based on the nominations and interests of the nominating
committee
Direct the county’s executive leadership team and the directors of health and social services to
begin implementation of a consolidated agency effective July 1, 2019, consistent with policy aims
of the functional collaboration action plan of 2014
In response to Board questions, County Manager Coudriet stated that Cabarrus County has a standalone
public health department because the statute exempted public health authorities so there was not an option to
consolidate a public health authority into the makeup of a consolidated agency. There is a different state policy and
different makeup of public health authorities and is not the same as public health boards.
Regarding a simplified human resources, County Manager Coudriet stated that the county is substantially
equivalent as it relates to recruiting and hiring social workers and health employees. If it were not determined
substantially equivalent, the state would carry on that function for the county. The area where the county is not
substantially equivalent is in making the evaluation and any other kinds of personnel actions after employment
because the state will not authorize the county to be. A simplified human resources would make all employees,
regardless of department, subject to the exact same personnel policies of the county. It does bring the hiring and
retention of all employees more aligned with the county as a whole.
In response to Board questions, County Manager Coudriet stated option three, an independent
consolidated human services board, is the recommendation. This option has a consolidated board that oversees
health and social services with the County Commissioners appointing all members, whether it be 15 or 25 members.
It would be a consolidated agency with a consolidated board with the staff and the director responsible operationally
and daily to the County Manager’s Office.
Vice-Chairwoman Olson-Boseman stated she would like to move forward with approval of option three.
She is excited about the possibility of fully implementing the functional collaboration plan, what this can mean for
the delivery of services to children in schools, and how problems can be identified and can get to them sooner. She
is in favor of staff being accountable to the County Manager’s Office. There is a high vacancy rate at the Department
of Social Services (DSS) and that is something she wants to see addressed from the county level and is one of the
reasons she wants this to be more accountable.
Motion: Vice-Chairwoman Olson-Boseman MOVED, SECONDED by Commissioner Kusek, to move forward with
option 3 (Independent Consolidated Human Services Board) and adopt the resolution establishing the New Hanover
County Consolidated Human Services Agency.
Chairman Barfield stated the fact that the County pays the salaries for employees there, but there’s no
accountability to the County Manager’s Office much unlike most of the other county departments. His opinion has
changed over time since the conversation about consolidation of these departments started some years ago. In
watching the flow at DSS, he realized there should be more accountability aligned with not only the Board of
Commissioners policy settings, but also the County Manager’s Office. Regarding the high turnover rate at DSS, a
process needs to be developed between DSS and human resources on how to streamline and track the best
employees, and retain them. It begins with ensuring the right training is in place for supervisors so when someone
is promoted, they have the skill set of how to manage people.
Commissioner White stated a lot of people have asked why this is being considered now and there is no
event or series of events that happened. What has happened is the state legislature did not only give the option, but
the obligation and fiduciary duty to undergo a due diligence to see how this county can better serve the demographic
of people that it would serve under a human services agency. For the Board not to entertain and consider this option
would be a dereliction of duties. While the agencies are different and serve different functions, there can be
improvements from consolidating. He thinks if any commissioner felt that was not the case, then they should vote
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
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against it. He appreciates the leadership of Chairman Barfield and Vice-Chairwoman Olson-Boseman on this issue.
He supports the motion.
In response to Board questions, County Manager Coudriet stated that both existing directors will continue
to serve with a new director above them. If the Board adopts this, it is his expectation to proceed and establish it as
the vacant deputy county manager position that is in place now, classify that as assistant county manager, who is
responsible for consolidated human services. Also, there would be some alignment of other agencies reporting
under the position, but not part of the consolidated agency. County Manager Coudriet stated it is not uncommon in
the state, especially in the nine counties that conversations were held with, for the consolidated agency director to
be the assistant county manager. There will not be an addition to the personnel count of the county.
Hearing no further discussion, Chairman Barfield asked for a vote on the motion on the floor.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 25.8.
PRESENTATION AND ACCEPTANCE OF THE HURRICANE FLORENCE AFTER ACTION REPORT
Chief Strategy Officer and Recovery Manager Beth Schrader and Strategy and Policy Coordinator Jennifer
Rigby presented the following information on the Hurricane Florence After Action Report:
Where we were:
1,511 employees who served for 13 straight days, showed incredible creativity, resourcefulness,
dedication and passion for serving our community and our citizens
One of the hallmarks of our organization, and our strategic plan, is our commitment to continuous
improvement. This means conducting a thorough and critical analysis of what went well, and
where we can take steps to improve.
th
Hurricane Florence made landfall at Wrightsville Beach on September 14
Hurricane winds lashed the county for more than 16 hours, reaching sustained wind speeds of
more than 100 mph
The approach and trajectory of the storm spawned dozens of confirmed tornados
The slow moving storm hovered on the county for four days dropping 30 inches of rain
After Action Reviews:
Internal Review:
Employee surveys or department debriefs which included 16 staff focus groups conducted
with 183 People, six Board of County Commissioner interviews and County Manager
interviews
Individual employee interviews when requested
External Partner Agency Review:
Nine partner agency interviews, four partner agency focus groups, and individual one-on-one
meetings representing more than 40 agencies
Interviews and focus groups followed a common structured format that asked for feedback
about key areas of response before, during and after the storm:
The key areas looked at included communications, operations, resources, staffing, training, and
other (a catch-all for anything else that participants wanted to share feedback about that had not
already been asked).
Communication:
New Hanover County operated a Joint Information Center (JIC) to push out public information
and protective actions during an emergency:
Responded to more than 327 media requests
The Employee Public Information Center received 11,673 calls from the public
More than 101,457 people watched the county’s 13 live briefings
On social media platforms (not including individual department accounts) we reached
2,082,908 people (1,075,186 through Facebook; 985,302 through Twitter; 13,891 through
LinkedIn; and 8,529 through Instagram}
86 hurricane news and weather updates were sent to a total of 277,767 recipients
People in the community still felt in the dark. We need different and creative communication
channels to reach residents and close the “gap” that was identified in those that received
information before, during and after the storm.
Emergency Response:
In one twenty-four-hour time period, Fire Service had more than 350 rescues; and nearly an
equal number by outside organizations such as the Indiana task force, swift water rescue
teams, and Cajun Navy.
Operated three points of distribution (PODs) to deliver emergency food and water and tarps.
Distributed 13,000 cases of Meals Ready to Eat, 12,000 cases of water, and more than 5,000
tarps
Established a Community Recovery Resource Center that was co-located with the Federal
Emergency Management FEMA) Disaster Recovery Center and Small Business Administration
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(SBA) so residents could seek immediate local relief services and visit federal partners in same
place:
Served approximately 21,500 residents in nine days of operation, which is 10% of the
county population.
Disaster Supplemental Nutrition Assistance Program (Disaster Food Stamps): More than
15,000 families received D-SNAP
Multi Agency Resources: Relief agencies, as well as community programs that provide
case management, housing resources, job training, food and clothing vouchers, had a
child play area, provided crisis counseling, and pet therapy
Housed an insurance camp with the Department of Insurance (DOI) where citizens could
come and file claims with their private insurance company.
Supply Distribution Center: The Salvation Army supply distribution operation provided
boxed of non-perishable food, cleaning supplies, baby items and more. More than 16,000
cars were served
State and Federal officials assumed these operations were that of FEMA, because this
best practice model has never been executed before.
Sheltering:
Opened and staffed five pre-storm shelter and consolidated it into a sixth post-storm shelter.
All exceeded capacity at some point throughout the storm. Served more than 1,000 residents
in shelters at the peak.
County staff operated shelters for 10 days before Red Cross assumed shelter management
(Red Cross generally assumes shelters within three days). Red Cross has a national policy to
evacuate when there a category 4 or 5 hurricane is projected. When major highways flooded
and the county became an island, the Red Cross shelter workers could not get back.
Transportation was set up to inland shelters, and while shelters are considered “of last resort,”
the need/demand increased as flooding increased and people’s homes were damaged
New Hanover Regional Medical Center (NHRMC) opened and operated a medical shelter,
however, the facility was stood up in a school which did not have the electrical capacity to
support the respirators and oxygen generators. Also because of this medical shelter, there was
an impact on the number of licensed beds allowed at NHRMC.
Infrastructure:
At the peak, housed and fed more than 500 first responders from about a dozen agencies at
“Base Camp” in former Sears store (National Guard, Civil Air Patrol, Urban Water Search and
Rescue Teams, State Highway Patrol, etc.)
Set up a helicopter landing zone at the Hanover Center to transport rescue victims, and bring
in critical medical supplies, water and food. At one point there was a helicopter landing every
four minutes.
Understanding the 911 center was at risk, the county pre-staged a shift of 911 operators with
equipment and IT staff in Raleigh, and worked with state partners to create a dedicated viper
channel so that when the 911 center went down, calls were still able to be answered and then
radio back to the county to dispatch so there was a seamless response to citizens.
Shelter facilities took on water and residents had to be shuttled to and from different shelters.
While logistics of these moves happened quickly and somewhat smoothly, this needs to be
avoided for future events. Funding has been requested for improvements to shelter facilities
in New Hanover County and working with school system and state on the Coastal Evacuation
Plan.
What we learned:
Strengths Opportunities
Coordination of communication with
Traditional media outlets Communications
community-based channels
Logistics and resupply staging and
Rescue and life safety
resources
Emergency
Points of Distribution (PODs)
Fuel and generator plans
Response
Community Recovery Resource
Additional pre-planning (Planning
Center/D-SNAP
Section in EOC)
Adaptability and flexibility Inland shelter plan (CREST)
Sheltering
Duration and number of Transportation
shelters
Medical shelter
Base Camp
Roadways cut off
Infrastructure
Helicopter landing zone
Reinforcement of critical buildings
911 Pre-staging
Impact of evacuation policy on hospital
Policy
Limited damage in the floodplain
and airport
Donation call-center Volunteer management
Utilizing
Bulk collection warehousing Small donation coordination
Community
and distribution of donations
Business EOC
Partners
Common case management system
Where we’re going:
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Hurricane Recovery:
The county is following a national model with recovery focus on housing, infrastructure, health
and human services, economy, and community resilience and planning
Strategy and Policy Coordinator Jennifer Rigby continued the presentation with the following information:
After Action Plan to Address Unmet Needs and Gaps:
Communications:
Organizational chart for the Emergency Operations Center (EOC) with clear roles and
responsibilities for staff
Staff communications plan for pre-storm, during storm, and after storm
Public and partner communications plan that leverages partners reach
Operations:
Planning section within the EOC structure
Integrate the EMAC/IMTS (incident management) teams from FEMA into the EOC
Develop and document transportation plans
Develop a critical building reinforcement strategy
Document plans for base camp, PODs, resource distribution, and develop a site selection
policy for some of these resources
Review policy options regarding evacuation, sheltering, and City of Wilmington staff
integration into the EOC
Resources:
Prepositioned contracts for critical resources (fuel, food, and generators)
County and community asset inventories
Fuel consortium and fuel farm
Universal case management system for shelter residents
Transportation project prioritization plan regarding I-40, I-95, etc.
Logistical relief and distribution plan
Incorporate a business EOC in future response(s)
Staffing Needs:
911 Director position and support staff for WebEOC
Training for Staff:
FEMA/NIMS training
Role based annual training and drills
Safety training including county assets
First Aid and CPR
Mental Health/Trauma support
Red Cross shelter training
Family First/County First Training
Implement a revised Emergency Operations Center Organizational Chart with a tier activation to help
activate the right number of staff, in the right roles, and at the right time depending on the storm level.
It will also provide a clear chain of command.
Policy Conversations:
Evacuation considerations: timing constraints and partner policies (Red Cross, airport, hospital,
and special needs)
Sheltering Policy: Pre-storm shelters?; how many; level of service, demobilization/operation
transition
City of Wilmington EOC Integration Policy
In response to Board questions, Ms. Rigby stated that several employees mentioned family first training
and determining when to close county offices for preparation for a storm. This will be incorporated into employee
training to ensure they are aware of a plan and have expectations for when to report to their positions. Regarding
the new planning section under responsive parties, Ms. Rigby stated the planning section refers to the section
outlined in the EOC chart. The Recovery Office has served in the capacity of the Planning Section Chief. It would not
be additional staff; it would just be using existing staff.
Commissioner Zapple stated that regarding the three policies for evacuation, shelter, and the City of
Wilmington integration policy, he thinks the evaluation and shelter policies are absolutely integrated. There cannot
be an evacuation without a firm sheltering policy in place.
Commissioner White stated that state law places the authority for declaring emergencies in the chairman
of the county commissioners, which is a post that he held during the storm, and also the mayors of municipalities.
There is no other expressed lawful authority given to the chairman or mayor to do anything except to declare an
emergency. That’s primarily for funding and other related items, and it’s also to trigger and initiate a message to the
people that there is an emergency. His personal experience during the storm is that he felt extremely well served by
many staff and others, and he is sure others felt the same way. There was a period of time where he and the City of
Wilmington Mayor discussed evacuation and there was not a policy. There is a general notion in the public that when
there is a big storm coming, a mandatory evacuation should be declared. At one-point Governor Cooper considered
declaring a mandatory evacuation for coastal counties. Several counties asked the Governor not to do this and he is
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thankful the Governor chose to leave that authority within the counties up the coast. Had this county done that, 615
inmates would have had to be evacuated as well as transfer hundreds of patients elsewhere. It is not an easy decision
to make about evacuation. There should be a clear, definitive, unambiguous policy that the press can talk about in
passing that can be available on the website and accessible at any time so people know this is what will happen
when and if an emergency happens. It should probably be specific if it is a category 5, 4, or 3 storm. Most people are
safer in their homes, not all. Those not safe in homes, have no homes, or are in floodplains or vulnerable areas, the
county should have the inland shelter pre-designated. The sheltering policy is critical. Conversations need to be had
on how to fund and who will handle the tasks. There was some weakness exposed at the airport in regards to needing
supplies when the county was unexpectedly landlocked, and some companies have predetermined policies that
prevent them landing on a runway when is no real power. The new federal legislation passed in 2018 allowed
counties to ask for money for such things as repairing buildings that were exposed and damaged. He would like
further information regarding this legislation.
Regarding the new legislation that passed in 2018, County Manager Coudriet stated the FEMA administrator
did reference the law had passed and the rules are being developed. With the federal legislation, the amount of
public assistance money that was spent the year before, some of the percentage of that will be set aside into a
prefunded/pre-disaster mitigation fund. It sets the county up, if it’s not funded through HMGP, to be in line once
the rules are finalized future funding. He cannot recall the percentage to be set aside in future federal fiscal year.
The county will be in a position to submit on those projects especially if they are not funded by state specific HMPG.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to accept and approve the Hurricane
Florence After Action Report as presented by staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PRESENTATION AND ADOPTON OF THE HURRICANE FLORENCE LONG-TERM RECOVERY PLAN
Chief Strategy Officer Schrader introduced Dale Holland and Ryan Cox with Holland Consulting Planners.
Mr. Holland stated that one of several things his company focuses on is storm recovery and mitigation activities and
has been so since Hurricane Fran in 1993/1994. Storm recovery requires patience, it is slow process, and takes about
five to seven years to have an appreciable amount of recovery accomplished due to the bureaucracy. County staff
has done well working through the process. Representative Rouzer announced that he was involved with securing
$1.14 billion for storm recovery. No one has received any of the funds yet because the federal register has to be
published and adopted, which will outline the terms and conditions of how the money can be spent and will be
spent. He presented the following information regarding the long-term recovery plan:
Guiding principles: Data-based; consistent with strategic plan; focused on resilience; impact on the
community; and an adaptable/flexible plan
Areas of recovery: Housing; community resilience and planning; economy; health and human
services; and infrastructure
In response to Board questions, Mr. Holland stated there are 13 employees with Holland Consulting
Planners (HCP). Five are professional mitigation planning employees, out of the overall number of employees there
are three that are AICP certified, and the company has been in Wilmington since 1987 with an office also in
Washington, NC. HCP are working as consultants to the county under an open ended contract. The firm charges by
the hour and since beginning this project in November until the end of February, the total invoice was between
$14,000 to $15,000. There is a not to exceed limit in the contract. The firm is under the monthly average mainly due
to county staff doing much of the work with HCP working in an advisory capacity.
In response to additional Board questions, Mr. Holland stated he does not know the total percentage
amount of the total amount the county receives clause of the contract because HCP is a subcontractor. The master
contract is with Ardurra Engineering who is supervising and taking care of the public assistance funding portion. HCP
is involved with where to go after public assistance with mitigation recovery and funding. He believes the initial
contract was for $79,000 and that was a not to exceed for six months. He stated the county is not anywhere near
that amount. At the end of six months moving into next fiscal year, there would have to be another work
authorization issued to HCP if the county wants to continue with HCP.
Ms. Schrader continued the presentation with the following information:
Economic Development and Intelligent Growth:
Recovery Area Project Potential Funding
Housing Recovery
Increase number of affordable and CDBG-NR; CDBG-DR; NCDRA
workforce housing units
STEP; Public Assistance;
Repair of storm damaged homes NCHFA
Infrastructure Recovery Elevation of portions of I-40 and I-95 Federal Highway
Administration; NCDOT
Economic Recovery Develop a Business Retention and International Economic
Expansion Strategy (20-50 employees) Development Council
Superior Public Health and Safety:
Recovery Area Project Potential Funding
Housing Recovery Mitigation of damaged properties HMGP; CDBG-DR; CDBG-NR;
(elevation and reconstruction) NCDRA
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Infrastructure Recovery Add/increase outflow in watershed HMGP; CDBG Infrastructure;
areas that experienced flooding that CDBG-DR
affected homes and businesses
Community Resiliency Documentation/update of key plans HMGP; EMPG
and Planning from Hurricane Florence (Examples:
Base Camp, CRRC, PODs, Landing
Zone, etc.)
Human Services Repair of critical non-profit partner Public Assistance; Golden Leaf
Recovery facilities Foundation
Addressing Storm Water:
Plan developed on a watershed basis
Designed to improve drainage flow/address known issues
Projects work together as a system
Leverages multiple funding sources
Superior Education and Workforce:
Recovery Area Projects Potential Funding
Economic Recovery Develop a demand projection for International Economic
workforce housing based on future Development Council
expansion/growth needs (to
complement affordable housing study
and opinion study)
Community Resilience Resilient Children/Resilient GlaxoSmithKline
and Planning Communities
Recommended Project Prioritization for NHC Hazard Mitigation Grant Program (HMGP) Submissions:
Storm Water Projects:
Complete National Resources Conservation Service (NRCS)/Emergency Watershed
Protection (EWP) improvements to watershed
Offer increased resilience
Protect/impact greatest number of businesses and homes
Acquisitions in floodway
Elevations in flood zone
Generator projects
All other requests
Future Policy Considerations:
Housing:
Investments/partnerships to lower overall costs of workforce housing projects
Unified Development Ordinance (UDO): place types allow for increased density by-right with
appropriate storm water control; density bonuses for workforce housing
Authorization to advocate for necessary changes to Community Development Block Grant
\[CDBG\], North Carolina Housing Finance Agency \[NCHFA\])
Infrastructure:
Continue to advance storm water utility
Lobby for federal/state policy changes to CDBG Infrastructure funding/prioritization
Need State to focus on storm water quantity
Resiliency:
Policy recommendations coming out of the Resilient Communities/Resilient Children work
Other policy recommendations related to resilient recovery
Next Steps:
Continue to monitor funding sources and policy changes
Regarding different CDBG money available during storms, Ms. Schrader stated there are separate ones and
there are also entitlement allocations. The disaster recovery funding is specifically in response to a disaster. It is
unique that disaster. It is the same thing from the state side with the Disaster Recovery Assistance funds which are
a little more flexible than the CDBG funds. What the county can do with those dollars is dependent on what the U.S.
Department of Housing and Urban Development (HUD) allows and what the State’s plan allows the county to do.
While the total amount is about $1.4 billion, she is not sure how much will come to the county. It depends if the
county is considered a top disaster-related economy and HUD determines the formula.
Regarding the timeline of the receiving the funds, Ms. Schrader stated it first has to be published in the
federal register, then there is a 90-day comment period, then the state has to submit their plan to be approved and
reviewed by HUD, and then the counties can begin the application process with the state program. There is no
current designated timeline and it has not been published in the federal register. It is a holdup by HUD who has to
start the process and usually funds are not available earlier than a year.
A brief discussion was held regarding acquisitions and if it would make sense to do the elevation work first
to determine those properties that can be elevated. The homeowner makes the election, not the county. It is a
voluntary program. The state has its own prioritization schedule, which tends to focus predominantly on buyouts. If
someone indicates they want to be elevated in a flood zone, but cannot be elevated, they have the opportunity to
change their application at that time. If that’s their preference, the county has allowed them to express that. county
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Manager Coudriet stated there is a difference between the floodway and floodplain. The floodway is where the river
body is going to naturally rise and really nothing is to be built in it, and would not be eligible, post rules, for flood
insurance. Going ahead and moving it out of the floodway itself is in their best interest and in public safety’s best
interest.
In response to Board questions about a generator for the hospital, Ms. Schrader stated it is a generator for
a supplemental well to supplement the water source the hospital has. It is something the hospital is currently
pursuing.
In response to Board questions, Ms. Schrader stated during the storm there were over 1,200 affordable
housing units lost. Some are in the process of being repaired and some have elected to either not rebuild or are
contemplating what they would like to do. There are things the county can do in terms of applying for some of the
community development block grant funding, whether it’s to be an applicant to use some of the money to be the
equity portion, to do a partnership to partner with a nonprofit that might be interested in doing housing as a mission,
or to work with the private sector in terms of development. While not its primary business, the county looks at the
funding that becomes available as a result of Hurricane Florence as an opportunity to be used to help leverage the
private sector or the nonprofit sector build affordable housing.
Regarding the HMPG and emergency watershed program map and how to get projects in the northeastern
part of the county, Ms. Schrader stated there are some in the Futch Creek area. The county reviewed and prioritized
based on where the largest amount of damage and flooding occurred. There is a better chance of getting funding
for more projects that are shovel-ready or clearly defined. In year two, there are pre-disaster mitigation and flood
mitigation assistance funds that will become available that the county will attempt to obtain for projects. In some
cases, the county is prohibited from applying for certain funding sources because the projects are deemed ineligible.
In response to Board questions, Ms. Schrader stated that HCP is a subcontractor for Ardurra Engineering.
County Manager Coudriet stated that Criser Troutman Tanner Consulting Engineers, secured by Ardurra, is a local
engineering firm who had a partner with HCP and another group called Tidal Basin. The three companies have
extensive experience, some of them nationally, with helping local governments with recovery. The costs are
recoverable and are part of the project worksheets that are submitted to FEMA.
Hearing no further discussion, Chairman Barfield asked for direction from the Board on the request to
accept and adopt the Hurricane Florence Long-Term Recovery Plan.
Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to accept and adopt the Hurricane
Florence Long-Term Recovery Plan as presented by staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK: 6:08 p.m. to 6:15 p.m.
PUBLIC HEARING AND ADOPTION OF A RESOLUTION WITH RESPECT TO EDUCATIONAL REVENUE BONDS (COASTAL
PREPARATORY ACADEMY) SERIES 2019 TO BE ISSUED BY THE PUBLIC FINANCE AUTHORITY IN AN AMOUNT NOT
TO EXCEED $28,000,000
Chief Financial Officer Lisa Wurtzbacher stated that Coastal Preparatory Academy has requested that the
New Hanover County Board of Commissioners (the Board) hold a public hearing and approve the issuance of revenue
bonds in an amount not to exceed $28,000,000 by the Public Financing Authority. The project to be financed with
the debt proceeds is the acquisition, construction, renovation, improvement and equipment of charter educational
facilities including:
Acquisition of land and an existing one-story building containing approximately 30,000 square feet that
is being and will be used as an elementary school for grades K – 5 located at 1135 Pandion Drive,
Wilmington, NC
Construction on the existing campus of a building and improvements to be used as a middle school
building and for related educational uses
Acquisition of approximately 14.5 acres of land directly across the street from the existing campus to
be used for recreational space and future growth
The debt to be issued is not New Hanover County debt and the public hearing and the approval for the
associated resolution does not increase the county’s liabilities or obligate the county in any way for the debt.
However, the public hearing and approval by the board is required to allow the debt to be issued as tax-exempt debt
for Coastal Preparatory Academy. The public hearing is not to judge the merits of the project, but is instead based
on the tax code to allow the bonds to be issued as tax-exempt through the Public Financing Authority.
Chairman Barfield opened the public hearing.
Mary Nash Rusher stated she was present along with representatives of Coastal Preparatory Academy if
the Board had any questions.
Hearing no further discussion, Chairman Barfield closed the public hearing.
Motion: Commissioner White MOVED, SECONDED by Commissioner Vice-Chairwoman Olson-Boseman, to adopt
the resolution with respect to educational revenue bonds (Coastal Preparatory Academy) series 2019 to be issued
by the Public Finance Authority in an amount not to exceed $28,000,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 334
Commissioner Zapple stated that the debt to be issued is not New Hanover county debt and the resolution
does not increase the county’s liabilities or obligate the county in any way for the debt.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI,
Page 25.9.
PUBLIC HEARING AND APPROVAL OF A REQUEST BY WILLIAMS MULLEN, ON BEHALF OF THE PROPERTY OWNER,
ARAB SHRINE CLUB H CORP, FOR A SPECIAL USE PERMIT TO DEVELOP A TELECOMMUNICATIONS TOWER ON 4.37
ACRES OF LAND LOCATED AT 4510 S. COLLEGE ROAD
Chairman Barfield opened the public hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Ken Vafier
Wayne Clark
Ernest Olds
Brad Schuler
Tom Johnson
Gabe Bucklen
David Smith
Jeremy Wooster
Michael Berkowitz
David Hargrove
Graham Herring
Michele Erich
Justin Pope
Carla Vozios
Chairman Barfield further stated that a presentation will be heard from staff and then the applicant group
and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if
necessary, for rebuttal. He then asked Planning Manager Ken Vafier to start the presentation.
Planning Manager Ken Vafier presented the request by Williams Mullen, on behalf of Arab Shrine Club H
Corp, for a special use permit to develop a 154-foot tall monopole style telecommunications tower and associated
equipment storage and carrier lease areas at the intersection of 4510 South College Road and Jasmine Cove Way.
The site is across from Mohican Trail on South College Road, just north of Monkey Junction. The site is currently
developed as a social/fraternal organization building with associated parking, landscaping, and buffering. Currently,
the site has existing carports which will be relocated further south on the parcel to accommodate the tower site.
Predominant land uses in the vicinity of the subject site are residential, vacant or open space, with institutional and
commercial to the south. The properties to the north of the site along Pine Hollow Road in Johnson Farms range
from approximately 320’-350’ from the tower base. To the west in Jasmine Cove, properties are approximately 380’-
400’ from the tower base. The residential structures to the east are over 600-feet across South College Road of the
proposed tower location.
The site plan shows the required setback from a residential property line or zoning district boundary. It is
154-feet to Jasmine Cove Way, and 158-feet to the Jasmine Cove homeowners’ association parcel, meeting the
minimum setback requirements. Access will be provided via a new access easement to the tower site from Jasmine
Cove Way over a portion of the existing entrance drive and parking lot. A new asphalt driveway will be constructed
on the southern portion of the parcel to provide access to the relocated carports. The proposed tower is anticipated
to generate less than one peak hour trip per day (approximately less than five per month), so will have virtually no
impact on traffic to the nearby road network. A revised North Carolina Department of Transportation driveway
permit to connect to the new use to Jasmine Cove Way will be required. The site is free of environmental features
such as special flood hazard areas and wetlands, and does not host any known conservation, historic, or
archaeological resources. It does have access to water and sewer through Cape Fear Public Utility Authority, but
connections are not necessary for this use. The area will be securely fenced in with three carrier lease areas, which
will contain “cabinet” type structures for indoor equipment storage. Outdoor storage in this area is not permitted
through provisions in the Zoning Ordinance.
A 25-foot wide buffer surrounding the west, south, and east sides of the tower base will provide visual
screening. The existing Shrine Club building will provide 100% opacity for the north side and does not allow for
plantings. The applicant and owner have submitted a Landscape Buffer Certification which states that in the event
the building is demolished or no longer provides an adequate opaque buffer, the landscaping requirements will be
met with installation and maintenance by the applicant. Staff has consulted with the Legal Department and
determined that this is sufficient to meet the ordinance requirement. On the other sides, the applicant proposes a
planting schedule consisting of southern wax myrtle trees and southern ligustrum bushes to provide 100% opacity
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within one year of planting. The proposed landscape plants have been changed from the initial submittal to wax
myrtle and ligustrum to provide enhanced opacity. The planting schedule does meet zoning ordinance requirements.
In regard to the barbed wire on the fence, it is contained below the top of the eight-foot high fence. The
Planning Board required a condition that the barbed wire be angled downward or otherwise obscured to provide
visual screening from the exterior of the site. Again, the total height is 154-feet which is the 150-foot tall monopole
structure and a 4-foot lightning rod. The antennas for each provider are housed within the structure itself.
The site is classified as Community Mixed Use and General Residential in the 2016 Comprehensive Land Use
Plan. The Community Mixed Use place type focuses on small-scale, compact, mixed use development patterns that
serve all modes of travel and act as an attractor for county residents and visitors. The General Residential place type
focuses on lower-density housing and associated civic and commercial services. The Comprehensive Plan does not
specifically address the location of telecommunications towers and other infrastructure. However, the
Comprehensive Plan’s implementation guidelines do aim to support business success, workforce development, and
economic prosperity. Thus, infrastructure including telecommunications towers are appropriate within these place
types when located appropriately, and this proposal is generally consistent with the 2016 Comprehensive Plan. The
Planning Board considered this application at their January 10, 2019 meeting, and recommended approval (6-0) of
the application with the following condition:
1. Barbed wire on the tower compound area security fence shall be angled inward or otherwise obscured
to provide visual screening from the exterior of the site.
A special use permit must meet four required conclusions for approval of the request:
1. The use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved.
2. The use meets all required conditions and specifications of the Zoning Ordinance.
3. The use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity.
4. The location and character of the use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County.
Mr. Vafier concluded the staff presentation stating that each conclusion must be supported by findings of
fact based on competence and substantial evidence provided during the hearing or entered into the record as part
of the agenda packet. In the agenda packet, staff has provided preliminary findings of fact. Staff findings suggest
that evidence in the record at this time supports that each finding of fact has been met.
Chairman Barfield thanked Mr. Vafier for his presentation and invited the petitioner to make remarks.
Tom Johnson, attorney with Williams Mullen Law Firm, and representing the property owner, Arab Shrine
Club H Corp, stated that the developer, David Hargrove, with Communications Towner Group LLC, Michael Berkowitz
with MPB Real Estate and David Smith with David Smith and Associates, appraiser, Jeremy Wooster, engineer with
Tower Engineering Professionals were present for any questions the Board may have. Mr. Johnson asked that the
application and all associated documentation in the agenda packet from the staff be admitted into evidence in
support of the application at this time. He does concur with the conclusions and recommendations from the staff
report based on their information of the application submitted and including the information presented to the
Planning Board. He and his client do accept the additional condition as shown in the presentation that Mr. Vafier
made to hide the barbed wire below the fenced line and the landscape buffer was adjusted to make sure it will
completely cover the compound within a year as required.
There are two factors for the request to put a tower in this area. One, increased use and the more people
that use the tower, the less strength the signal has. That is important because it provides voice communication and
data communication, especially in the event of emergencies and especially like Hurricane Florence or any other
storm or emergency that may come about through mobile communications. It's also important day‑to‑day, anyone
who has an emergency being able to have a signal strength to reach 911. There's a doughnut hole where there's a
need for service, and the dark green is the objective. This site would cover that hole that exists in this area of the
county. Verizon will be one of the carriers. An application from U.S. Cellular has also been submitted to have space
on the tower.
Mr. Johnson reviewed other existing telecommunications towers along South College Road. The poles all
blend into their locations due to the other existing vertical structures such as streetlights and electrical poles. In
response to Board questions, Mr. Johnson stated that the two telecommunications towers in the Pine Valley area
are similar in height, 150-feet, to what is being proposed in this request. He asked Michael Berkowitz with MPB Real
Estate to provide a summary of his report that is included in the application in the agenda packet.
Mr. Berkowitz stated that he has been a commercial real estate appraiser for over 15 years. To summarize,
when looking at an impact analysis, quantitative and qualitative data is what is being looked at. There's examples of
quantitative data in the report. He thinks the more pertinent data with respect to this particular project is the
qualitative data with respect to the power lines along College Road, the lighting that's also on the subject property.
The fact that it's a gathering place. There are electrical transmission lines that also go behind the development along
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the top there. Then there's also significant amount of traffic along College Road. For those reasons, it's his
professional opinion that this proposed tower as proposed won't substantially injure the value of adjacent or
abutting properties.
Mr. Johnson reviewed photo simulations of what the tower would look like on the site. The other appraiser
for this proposal reached the same conclusions as Mr. Berkowitz through analysis and concluded that the
telecommunications tower will not adversely impact the advantage of the adjoining property. The report is also
included in the agenda packet. In regard to health and safety, this is really improving health and safety which is the
whole purpose for it; to make sure there is adequate communication when needed and to have adequate and
reliable communications in this part of the county when needed. Also, the tower is built according to building code
requirements which have to be met in the state. The site has been engineered to meet the requirements. Again, it
won't substantially impair or impact adjoining property values. It meets the requirements of the county’s ordinance.
Although Mr. Vafier did not show all of requirements, it is in the staff report in the agenda packet and the proposal
does meet all four findings of fact.
Chairman Barfield stated that there are speakers in opposition to the request and no one signed up to speak
in favor of the request. He invited the speakers in opposition to step forward.
Michele Erich, resident of Turtle Dove Court, spoke in opposition to the request and presented the following
information regarding the proposal:
Opposition to Special Use Permit S18-06 from New Hanover County Residents Justin Williams Pope and
Jasmine Cove Neighborhood:
Please Act to Keep Cell Towers out of Parks, Playgrounds and Residential Neighborhoods
Petition in Opposition:
200 People have voiced their opposition to Special Use Permit S18-06
We were able to reach 80% Of the residents in Jasmine Cove and all are in opposition
Adjacent neighborhoods are also in opposition.
We ask the New Hanover County Commissioners to listen to the residents they represent and not
approve the telecommunication tower be placed on the Arab Shrine Club lot at 4510 S. College Rd.
Cell towers are located in commercial areas within one-mile south are not in residential
neighborhoods and near Ms. Erich’s home.
Please take care of New Hanover County’s development and growth:
Protect the natural beauty of New Hanover County
Plan growth that is in harmony with the current residential areas
Protect our neighborhoods, our families and our children
Protect our parks and natural areas
Protect our culture and way of life
What’s the difference?:
Commercial Areas versus Neighborhood Community:
A Cell Tower is Not in Harmony with Residential Areas
Ms. Erich stated that in looking at the findings, the first one talks about the health and safety. Residents
learned at the last Planning Board meeting they couldn't share their health concerns. Regarding the finding that the
use meets all required conditions and specifications, she hopes that would be monitored if, unfortunately, it would
proceed. The third finding that the use will not substantially injure the value of the adjoining and abutting property,
the homeowners’ association and citizens of New Hanover County think it would negatively impact the value of their
homes. The fourth finding, the residents believe is looking at the character and is it in harmony with the areas. This
is a residential area. There is a park behind it where children play, where families get some fresh air and walk and
get exercise, and where people can walk their dogs as well.
Ms. Erich stated that these are their homes and the residents are asking the Board to consider not putting
the tower in a residential neighborhood. Please oppose the special use request S18‑06.
A brief discussion was held regarding the petition Ms. Erich wanted to submit to the Board as evidence.
Chairman Barfield asked County Attorney Copley if the Board has received petitions in the past. Ms. Copley
responded that the Board has received petitions, but she thinks the Board should base this on Ms. Erich’s personal
testimony and firsthand knowledge, because the petition could be called hearsay. Ms. Copley further stated that she
thinks the Board does need to the get the objection on the record from Mr. Johnson after hearing all the opponents
and rule on his objection so that it is included in the record and advised the Board holding off on the decision until
then.
Justin Pope, resident of Turtle Dove Court, spoke in opposition to the request stating that the SUP should
be denied. He is a proud Wilmingtonian, knows each commissioner as well, and is a graduate of UNCW. After college
he wanted to continue calling Wilmington his home. He was fortunate enough to get his foot in the door at StarNews
as a freelance reporter and later at New Hanover Regional Medical Center. He is grateful to call New Hanover County
his home. He asked that the Board not grant the group the right to move forward with this proposed cell phone
tower. The reasons behind this request is because their neighborhoods are simply too important, and the residential
area is located so close in proximity to this proposed site for their homes. They put their heads to pillows each night
in the neighborhoods right around this proposed site. It is their home, their dwelling place, and their comfort zone.
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If this is allowed to proceed, a large part of why they chose their homes in this location to be their comfort zone will
be taken away. As Ms. Erich pointed out, it is very different because the others are in commercial areas.
In regard to the petitioner’s presentation, it was stated that the cell towers were located along College
Road. This proposed tower is not. It's recessed further back right beside the building, which is close to his
neighborhood. As a young person, a millennial moving towards middle age now, he does not desire to see a giant
tower practically in his backyard, and it will be practically in his backyard. Now is not the time to build walls for
towers in his neighborhood as it will keep the neighborhoods from growth as well as looking aesthetically unpleasing.
This is just his opinion. For himself, his neighbors, and any younger person who is buying their first home, he asked
that this request not be allowed move forward. The Shriners, nor any of these folks who are not from Wilmington,
they are from Raleigh, they do not have emotional interest in this city and county that he and his neighbors hold.
Again, this is their home. It's not a place that they go to for a monthly meeting or to have a noisy, drunken party
every other Saturday night. They are Wilmingtonians that call this neighborhood home. He asked that the Board side
with its neighbors and constituents and not let it move forward in their neighborhood.
Carla Vozios was called forward to speak. Ms. Erich stated that Ms. Vozios departed and was not present to
speak.
Chairman Barfield stated that each side will be allowed five minutes for rebuttal remarks.
In rebuttal, Mr. Johnson sated that he objected to the request to enter the petition into the record because
this is not a rezoning matter. This is a quasi-judicial matter and any evidence has to be under oath. The folks listed
on the petition have to be here and take an oath before they speak about anything. The second part of that is they
have to be available for cross‑examination, and because they're not, then that's not competent evidence in this type
of proceeding. If this were a zoning matter or, you know a political matter, that's one thing. This has strict
requirements, and that's why he objects to the petition coming in because it's irrelevant to the proceeding before
us and he cannot talk to these folks and find out where they live and why they object and see if their testimony is
competent. It's not under oath, so it's not competent for that reason.
County Attorney Copley stated that she agrees with the objection and Mr. Johnson has formally put it in
the record.
Mr. Johnson stated that he further wants to point out with respect to the request. First of all, this is in a
neighborhood. It's not in a park. It's in an institutional property consistent with other institutional properties that
the other very similar towers are up and down south college road with residential properties behind them. As Mr.
Vafier said, this is in a community mixed‑use district in the Comprehensive Plan, so it's very much consistent with
where it needs to be in consistent with the tower on 17. The facts it's set further back from South College Road but
closer to the residential properties as a result of that, the one behind the near the church and behind the shopping
center at 17th and College. Same thing for the church side at Messiah Lutheran. That's set back off College Road.
The compound the opposition showed with respect to the one behind the shopping center at 17th and College, it
has no landscaping simply because the City of Wilmington doesn't have the landscaping requirement. He and his
client have to meet that requirement.
He is confident and knows that staff will hold their feet to the fire to make sure this is done correctly because
he knows it was spoken to by one of the parties. The conditions will definitely have to be followed. What he was
hearing in terms of what the opposition said is really no objection on the health and safety, because they didn't have
any evidence with respect to that. No objection on the specifications other than saying staff needed to hold him and
his client responsible to those. In terms of injury to property values, the opposition has no expert testimony to
support that. The law in North Carolina is the opposition has to bring expert testimony to rebut the petitioner’s
experts. Mr. Berkowitz and Mr. Smith submitted their reports and they are available here at the meeting for
cross‑examination.
Finally, in terms of the harmony part, the law is that if this board of commissioners or previous
commissioners allowed this as a use even if it's a special use, it's presumed to be in harmony with the district in
which it is being proposed, unless there's something to rebut that burden. Even more important are the existing
sites on South College in very similar situations that support that they're in harmony with the adjoining residential
neighborhood. The location has to be found somewhere to put this infrastructure to provide the service to citizens
so they will have it reliably. Whether it's someone walking in the adjoining park there that might have an emergency
and they need to get emergency services there to take care of them or whether it may be somebody working from
their home, as many do now, that need good, solid service in order to work in the community and provide those
valuable services to the community. The additional things that these services are providing going forward will be
automated transportation, medical services, monitoring for medical services, all of these functions require a stronger
and reliable signal, which is what this is supposed to do.
Mr. Johnson concluded his statements asking that the Board approve this more than anything because he
and his client have presented their case and met their burden required by law. There's been nothing in the
opposition's testimony to rebut that legal evidence that has been presented.
In rebuttal, Ms. Erich stated she and the others in opposition have an objection to the required findings,
number one. In the Planning Board meeting, they were told they could not share their health concerns. There's a lot
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 338
of research that says it's horrible to live near a cell tower and a lot in between as well. They were told they couldn't
share those concerns, but they do have concerns and objections. In regards to finding number four, the cell tower is
not in harmony with the area. It is on commercial Shrine club property, but it's 380 to 400 feet from her back door,
from her patio where she grills out and has a nice evening enjoying the fresh right now not so humid air and sunshine
as well as many of her neighbors. It is within 380 to 400 feet from their back door and it is very close to their
neighborhood. Yes, the property owner’s boundary of its property is commercial, but it is very, very close to the
residents’ doorstep. And the individuals, many of them who signed the petition said they would be happy to be here,
but the meeting started at 4:00 p.m. and people don't come to these meetings and don't know how they run. She
went to the Planning Board meeting and learned a lot and has learned a lot this afternoon. The people who signed
the petition were not able to attend due to their work schedules.
Ms. Erich asked if the petition could be presented to the Board. Chairman Barfield responded it could not.
Hearing no further discussion, Chairman Barfield closed the public hearing and provided a brief overview
of a quasi-judicial hearing where the Board of Commissioners sit as a judge and jury. Just like going to court, the
judge can only hear what is presented that day and a ruling can be made on the information presented that day.
When it comes to land values and things such as those, a professional must come in, it can be an appraiser, to clearly
declare if a person’s land value would decrease or not decrease in value. Those are some of the standards that are
held in a quasi‑judicial setting. He then opened the floor to Board discussion.
Commissioner Zapple stated that in regard to the negative statement made about the Shriners club during
the public testimony, the local Shriners Club as well as the entire organization does a tremendous amount of good
for all the communities it serves, including this one, certainly for the children and all the activities.
Hearing no discussion, Chairman Barfield asked for the Board’s direction on the request.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve as the Board finds that this
application for a Special Use Permit meets the four required conclusions based on the finding of facts included in
the staff summary, and with the condition as recommended by the Planning Board:
1. Barbed wire on the tower compound area security fence shall be angled inward or otherwise obscured
to provide visual screening from the exterior of the site.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book
IV, Page 76.
COMMITTEE APPOINTMENTS
Appointment to the New Hanover County Adult Care Community Advisory Committee
Chairman Barfield reported that nine vacancies exist on the New Hanover County Adult Care Community
Advisory Committee with one applicant eligible for reappointment.
Commissioner Zapple nominated Helen Hepbron for reappointment.
Hearing no further nominations, Chairman Barfield called for a vote for the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Helen Hepbron to the New Hanover County Adult Care
Community Advisory Committee to serve a three-year term with the term to expire March 31, 2022.
Appointments to the New Hanover County Library Advisory Board
Chairman Barfield reported that one vacancy exists on the New Hanover County Library Advisory Board
with three applications available for consideration.
Commissioner Zapple nominated Caroline Scorza.
Vice-Chairwoman Olson-Boseman nominated Scott Dodd.
Hearing no further nominations, Chairman Barfield called for a vote for the nominations on the floor.
Vote Results: The Board voted in the majority to appoint Scott Dodd to the New Hanover County Library Advisory
Board to serve an unexpired term with the term to expire August 31, 2020. Vice-Chairwoman Olson-Boseman,
Commissioner Kusek, and Commissioner White voted in favor.
Appointments to the New Hanover County Special Board of Equalization and Review
Chairman Barfield reported that seven vacancies exist on the New Hanover County Special Board of
Equalization and Review with three applications eligible for reappointment and four applications available for
consideration.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 339
Commissioner Kusek nominated Fred Gainey, Brett Keeler, Ronald H. Lafond, Hector R. Ingram, and Wes
Turbeville as regular members, and William “Jason” Swain and Brad White as alternate members.
Hearing no further nominations, Chairman Barfield called for a vote on the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Fred Gainey, Brett Keeler, Ronald H. Lafond, Hector R.
Ingram, and Wes Turbeville as regular members and reappoint William “Jason” Swain and Brad White as alternate
members on the 2019 Special Board of Equalization and Review to serve one-year terms with terms expiring March
31, 2020.
Chairman Barfield called for a vote on the Chairman of the Special Board of Equalization and Review for the
ensuing year.
Vote Results: The Board voted UNANIMOUSLY to appoint Fred Gainey as Chairman of the Special Board of
Equalization and Review for the ensuing year.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Chairman Barfield reported that one person signed up to speak on non-agenda items.
Beth Rutledge, Executive Director of Historic Wilmington Foundation, stated that Project Grace has really
been at the top of mind for many people. As a representative of a nonprofit to preserve and protect, she would like
to urge the Board to consider two buildings that are a part of Project Grace. One is the current library, which is an
adaptive re‑use property which was originally the Belk building. The other is the Borst building which is now the
Register of Deeds building. Only the library can kind of come down without city approval. The library is currently
being used to its fullest extent. She understands there are concerns that the Project Grace block is not meeting its
highest and best use. However, it seems that there are things that can be done to the block that do not involve
pouring millions of dollars into a fully functioning library. The other thing is that the Register of Deeds building is in
a contributing building in the National Register, and as a functional contributing building would need permission
from the city to knock down. It does not seem necessary. It seems like that that's a useable resource. She would urge
the Board to remember that these are a part of the historic downtown regardless of the fact that the Belk building
is not beautiful. It's one of the two mid‑century buildings remaining downtown and currently being used. She urged
the Board to remember this as Project Grace comes more to the forefront.
ADDITIONAL AGENDA ITEMS OF BUSINESS
County Manager asked Health Director Phillip Tarte and Environmental Management Director Joe Suleyman
to provide information on the New Hanover County Landfill PFAS Sampling Results. In February the county
committed, after learning from the blood sample tests being done by NC State University, that landfills are one of
the five major contributors of PFAS in the water systems in the State of North Carolina. The county volunteered to
be the very first landfill to go through the sampling process.
Directors Tarte and Suleyman presented the following information on the New Hanover County Landfill
PFAS sampling results:
Background:
Ongoing exploration of PFAS sources exposure and health implications
There are many point and non-point sources of PFAS entry to the Cape Fear River Basin:
Studies indicate that PFAS may be released from landfilled material to the leachate
Staff proactively reached out to the North Carolina Department of Environmental Quality
(NCDEQ) about sampling leachate, and quickly began conversations to be the first landfill tested
in North Carolina
Sampling: February 2019:
Locations: Surface water; raw leachate; treated leachate; non-potable well; potable well
33 PFAS compounds
Sampling outcomes:
Surface Water: Eight PFAS were detected at low levels (25 non detect)
Raw leachate:
11 PFAS were detected (22 non detect)
Total concentration of PFAS was 13,792 parts per trillion (ppt) for all PFAS detected
Treated leachate:
No PFAS were detected in the treated leachate
Reverse osmosis (RO) treatment system was effective at removing PFAS from the leachate
Water supply wells:
14 different PFAS in potable; 15 different PFAS in non-potable
Both below EPA health advisory of 70 ppt
Both below North Carolina health goal of 140 ppt for GenX
Not used as drinking water
Next steps:
Continue to:
Work with NCDEQ as part of their landfill leachate sampling protocol
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, MARCH 18, 2019 PAGE 340
Review environmental data regarding PFAS exposure to better understand potential public
health implications
Monitor and respond to results gathered of PFAS biomonitoring studies
Coordinate with local, state, and federal partners and policy makers
Provide the community with relevant and timely information
Chairman Barfield thanked staff for the proactive stance.
Commissioner Zapple stated that this is great work and to be number one in the state to be involved in
the pilot project. This is great news for the entire community.
County Manager Coudriet stated that only at the end of last week were the results made available to staff
and authorized by NCDEQ to be released. His understanding is that New Hanover County has the only landfill in the
state, privately or publicly owned or operated, that has a reverse osmosis attached to it. The Board is well ahead of
others in making policy regarding the treatment of the leachate in the solid waste business.
In other additional comments, Commissioner Zapple stated that regarding agenda item number 7, Adoption
of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes
- Chapter 160A, Article 12, the county has a lot of surplus material and equipment including trucks, computers,
capable, chairs, etc., that are being made available to nonprofits first before being put up for auction. Non-profits
can contact James Derseraux in Property Management at 910‑798‑4321 about what is available.
Commissioner Zapple further stated that he recently attended the NACo 2019 Legislative Conference in
Washington, DC. He provided a brief overview of the meetings and discussions he was involved in concerning the
Waters of the United States, PFAS in the water, and resilient counties and emerging threats due to adverse weather
patterns. Meetings were held with the federal delegation that represents the county. There were approximately 185
county commissioners and staff representing the state at the conference.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 7:20 p.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.