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2019-08-12 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 338 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 12, 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 Daniel Cook, Sanctuary of Wilmington, provided the invocation and Chairman Barfield 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 Agenda Review Meeting of June 27, 2019 and the Regular Meeting of July 1, 2019. Adoption of 2020 Census Partnership Resolution – County Manager The Commissioners adopted a resolution in support of the 2020 Census. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.1. Adopted 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:  Southerland Farms Road and a portion of Quinn Drive located within the Marsh Landing Place Subdivision (Phase 1), Bayview at Bayshore Estates Subdivision, and Marymount at Marsh Oaks Subdivision (Section 3) in New Hanover County (Division File No: 1276-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.2. Adoption of Resolution Approving Axon Enterprises, Inc., as a Sole Source Vendor for the Purchase of Tasers and Accessories for the New Hanover County Sheriff’s Office – Sheriff’s Office The Commissioners adopted a resolution approving Axon Enterprises, Inc., as a Sole Source Vendor for the purchase of Tasers and accessories, declared the 233 used Tasers surplus, and authorized the sale of the used equipment to Axon Enterprises, Inc. for a credit of $23,000 to be applied against the first year’s payment. Axon Enterprises, Inc. is the sole source distributor of all TASER brand products in the state of North Carolina. This has been confirmed in a letter from the manufacturer, Axon Enterprises, Inc. NCGS 143-129(e)(6) exempts purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. The total payments for the equipment including sales tax less the credit of $23,300 is $338,029.05. This purchase will be paid using Axon Enterprise, Inc.’s TASER 60 Terms and Conditions which provides for annual payments over a five years with the first year’s payment less the credit being $47,832.21. Thereafter, the payments for the next four years will be $72,549.21. The first year's payment is available in the FY 2020 budget. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.3. Ratification of Approval of Request from Leading Into New Communities for the County to Serve as Applicant Agency for a Grant with the Governor's Crime Commission – Finance The Commissioners ratified approval of the grant application submitted to the Governor’s Crime Commission on behalf of Leading Into New Communities (LINC). LINC requests that New Hanover County serve as the applicant agency for a grant opportunity through the NC Governor’s Crime Commission. The application was submitted to meet the deadline of July 31st. LINC is requesting $249,408 for year one and $247,658 for year two for a total application of $497,066. The grant does not require matching funds. The purpose of the grant is to provide NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 339 comprehensive case management and direct services to justice-involved individuals returning to the community by focusing on employment, transportation, higher education, resolution of legal obligations and peer mentoring. New Hanover County has served as the applicant agency for LINC through the Governor’s Crime Commission for many years. 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 declare property surplus and authorize the sale of the equipment electronically using GovDeals or disposal by any other method authorized by North Carolina General Statutes (NCGS) including discarding. NCGS Chapter 160A-Article 12 governs the sale and disposition of surplus property. Following board approval, non-profit organizations will have the opportunity to inspect and purchase certain 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. Any items not sold electronically will be disposed of by any other method authorized by the statutes including discarding. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.4. Four Donations for Accession into the Museum’s Permanent Collection – Museum The Commissioners approved a list of four 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 July 18, 2019 and a list of the items is available for review at the Cape Fear Museum. Adoption of a Resolution of Conveyance of Qualifying Parcels to a Registered Nonprofit for the Purpose of Constructing Workforce Housing – Planning The Commissioners adopted a resolution to convey three (3) parcels to Cape Fear Habitat for Humanity for the purposes of constructing workforce housing. In November 2018, the County established a policy by administrative memorandum to convey buildable lots no longer needed by the County to qualified nonprofits for the purpose of constructing workforce housing in an effort to deliver on the County’s commitment to create complete communities. The recommended three (3) parcels for conveyance to Cape Fear Habitat for Humanity, with the expectation that workforce housing will be constructed within a two-year time frame, are: 1.1026 Fitzgerald Drive (R-15; 0.92 acres; eligible to be divided into two lots; former CFPUA site) 2.109 Little Creek Road (R-10; 0.22 acres; former CFPUA site) th 3.1008 North 7 Street (R-3; 0.085 acres; purchased at public sale in tax foreclosure proceeding; located in City of Wilmington) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.5. Approval of June 2019 Tax Collection Reports – Tax Department The Commissioners approved the Tax Collection Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of June 2019. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 33.6. Charge of 2019 Levy – Tax The Commissioners approved the 2019 Charge of Levy to the Tax Collector pursuant to North Carolina General Statues 105-321(b). A copy of the charge is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.7. Adoption of Budget Amendment – Budget The Commissioners adopted the following budget amendment which amends the annual budget ordinance for the fiscal year ending June 30, 2020:  Various departments 20-005 A copy of budget amendment 20-005 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.8. Adoption of Budget Amendment for the Roll Forward of Hurricane Projects – Finance The Commissioners adopted budget amendment 20-006 which amends the annual budget ordinance for the fiscal year ending June 30, 2020. During fiscal year 2019, the Board of County Commissioners approved budget amendments to increase expenses to fund Hurricane Florence response, recovery and repairs. At the end of fiscal year 2019, several of these projects were outstanding that had not been encumbered through a contract or purchase order due to their status. Adoption of budget amendment 20-006 will roll forward the estimated amounts needed to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 340 complete those projects related to Hurricane Florence to fiscal year 2020. The estimated amounts required to complete these projects is $1,105,826 for the general fund, $125,000 for the Environmental Management Fund, and $280,000 for the Fire Services Fund bringing the total required to $1,510,826. A copy of budget amendment 20-006 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.9. Approval of Letter of Support for Proposed New Regulations Governing the Use of Methyl Bromide in Log Fumigation – County Manager The Commissioners approved a letter of support for proposed new regulations governing the use of methyl bromide in log fumigation to be sent to the North Carolina Department of Air Quality. REGULAR ITEMS OF BUSINESS INTRODUCTION OF NEW HANOVER COUNTY 4-H MEMBER BAILEY C. SMITH Chairman Barfield announced that Agenda Item 13, introduction of New Hanover County 4-H member Bailey C. Smith, has been withdrawn from the agenda. Ms. Smith is unable to attend the NCACC 2019 Youth Summit. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Benjamin Sampson, Fire Services, retiring with twelve years of service Vernon Jordan, Sheriff’s Office, retiring with fourteen years of service Donald Hoffsher, Parks and Gardens, retiring with nineteen 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: Michael Greenway, Sheriff’s Office Steve Rice, Sheriff’s Office Ten Years: Daniel Carapezza, Sheriff’s Office Matthew Langley, 911/Emergency Management Fifteen Years: Diane Ferraro, Health Eric Kelley, Sheriff’s Office Kenneth Whitley, Property Management Twenty Years: Karen Sanders, Finance Beverly Scruggs, Health Emanuel Singletary, Parks and Gardens Twenty-Five Years: Gregory Tucker, Property Management Elizabeth Wetherill, Engineering Thirty Years: Kim Evans, Social Services 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: Marcia Andrews, Social Services Christopher Bland, County Manager’s Office Ann Boney, Social Services Madaline Comeaux, Tax Paul Crowley, Tax Cayla Davis, Tax Jessica Duchene, Sheriff’s Office Jyll Gartin, Planning and Land Use Norma Goudier, Social Services Lindsey Hull, Social Services Ladreama Jordan, Social Services Ashley Lindsey, 911/Emergency Management Brandon McMillan, Sheriff’s Office Danisha McNeill, Social Services Cheri Woods, Social Services The Commissioners welcomed the employees to County Government and wished them success in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 341 PRESENTATION OF RAIL REALIGNMENT UPDATE Laura Padgett, Wilmington Rail Realignment Project Coordinator, introduced Aubrey Parsley as the City of Wilmington Director of Rail Realignment. She explained that Mr. Parsley’s job is to move the rail realignment project forward. Ms. Padgett and Mr. Parsley presented the following update on the project:  The Rail Realignment Project: Coordinating the Multi-modal Future of Southeast North Carolina (an update on the progress made and next steps):  Why this initiative:  Balance needs of economic and population growth  Enhances economic development opportunities  Efficient use of taxpayer dollars  Improves public safety and quality of life  2017:  Population now 400,000  275,000 vehicles move in and out of the city each day, including trucks  200,000+ of these vehicles cross the tracks daily  2040:  Regional Population: almost 700,000  Questions:  How can the City, region, and railroad accommodate growth in both population and shipping without gridlock?  What is the most strategic use of capital for dealing with the coming growth?  Regional Growth Projections: 2015 2040 New Hanover 20,500 337,000 Brunswick 120,300 235,000 Pender 57,800 116,000 3-County Region 398,600 688,000  Rail Traffic Continues to Grow Which Equals Improving State and Regional Economies:  Prospering Economy  Panama Canal Upgrade  Queen City Express  CSX Terminal Carolina Connector  Wood Pellet Exports  Aggressive Business Recruitment  With commensurate increases in the length of trains and related impacts:  2017: 10-12 train passes per week that are 3,000 feet long  2021: 14 train passes per week that are 6,000 feet long  2025: 16 train passes per week that are 10,000 feet long  Existing Rail Corridor:  The beltline once wrapped around the city  Today it passes through the heart of the urbanized area  There are 30+ at grade crossings of the track in Wilmington  Every east-west artery in the heart of Wilmington will be blocked at once by one 10,000-foot train:  Princess Place average daily trips (ADT) is 13,000  Market Street--US 17 ADT is 34,000  Randall Parkway ADT is 18,000  Wrightsville Avenue ADT is 20,000  Oleander Drive--US 74/76 ADT is 25,000  Depending on the location and time of day, it currently takes up to 35 minutes to get across the beltline, even with shorter trains  All emergency routes to New Hanover Regional Medical Center from Brunswick County and much of New Hanover County will be blocked at once by a 10,000-foot train:  Front Street ADT is 24,000  Third Street ADT is 19,000  4th through 15th Streets ADT is unknown  16th Street ADT is 17,000  Oleander Drive ADT is 25,000  Wrightsville Avenue ADT is 20,000  The Independence Boulevard Extension must be elevated over two rail crossings:  Estimated $75 million more to elevate over the rail  City Council supports the need but not the impact of the elevated design  Proposed Project in Two Steps:  Step 1: Relocate freight rail use:  Create a rail path that no longer weaves through the densely developed urban area  Step 2: Repurpose the existing rail corridor: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 342  Provide redevelopment opportunities, mobility, affordable housing, and congestion management through an alternative transportation system (ex. trolley)  Benefits for Freight Rail:  Creates economic development opportunities  Reduced liability/crossing conflicts  No costly crossing maintenance  Other Advantages of the Potential Route:  Less than five miles of track needed  About 1/3 of track could be built on a former rail bed  Environmental benefits high compared to impacts  No human settlements anywhere near the track  Benefits for Local Transportation:  No more rail-traffic tie ups  10+ mile parallel greenway  Well located trolley line  Passenger rail compatibility  Independence Blvd cost savings ($75 million) made feasible  20,000+ employees, students, visitors could come downtown without cars  Benefits for the entire Southeast North Carolina Region:  Supports developing private investment in Columbus County in shipping and product development  Creates consistent rail route quality from Charlotte to Wilmington  Provides a redundant, away from public visibility, route for shipments from Sunny Point Military Terminal  Creates enhanced potential for shuttle moves between local industries  Potential strategic asset for the State of North Carolina  Key Conclusions of Rail Realignment Study:  No fatal flaws found  Three routes identified from Davis Yard to the Port  Preliminary cost estimates were provided  Environmental impacts identified as manageable  Other Key Conclusions of Rail Realignment Study:  All three alignments include two moveable span bridges, a lift bridge and a bascule bridge  Must work through an existing interchange, wetlands impacts, and a conservation easement  Greenway or trolley system can be built in stages and start small  Rail Realignment Order of Magnitude Cost Estimates:  Track, two bridges, site work and track: +$610 million  Trolley/Streetcar System: $135 million  Comparative Cost Estimates of Other Projects:  Martin Luther King Parkway: +$300 million  I-140 Bypass: +$600 million  Crossing of the Cape Fear, new southern bridge: $1.3 billion  Moving Forward:  City of Wilmington hired new Director of Rail Realignment  Awarded federal grant with FRA, State and City support  Up to $2.76 million will be spent on:  Environmental and historical review and permitting  Preliminary engineering  Explore building a Regional Coalition to advance project  Evaluate public-private partnership opportunities  Collaborate with State and Federal entities  Website: Wilmingtonnc.gov/rail Ms. Padgett concluded the presentation stating there are two requests of the County in regard to this project. The first is a request for the County to send a letter to the North Carolina Department of Transportation (NCDOT) expressing appreciation for NCDOT’s willingness to support this project in southeastern North Carolina. She further asked that it include a statement that the County believes the project will contribute to the economic well- being of this area and southeastern North Carolina. The second request is that the County consider being a founding partner with the City of Wilmington in exploring the creation of a southeastern North Carolina coalition to support the movement forward of this project along with Brunswick, Columbus, and Pender counties. These three counties have previously indicated support and interest. The purpose of the coalition would be to allow communication and discussion of the project by the four counties that will be affected. It will work on exploring funding opportunities that should be shared by the region that will benefit from it. Chairman Barfield thanked Ms. Padgett and Mr. Parsley for the presentation. He believes a letter can be drafted that fits the Board’s pleasure, working with the County Manager as well. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 343 In response to Board questions, Mr. Parsley stated that there are a few alignments still being considered. The exact location of where the bridge will cross is still not determined but most maps show it south. Trains do not turn or climb well and need special engineering in terms of alignment to provide operational access to the port and other shippers along the line. Ms. Padgett stated that the overall intention is to bring the project out from the port. The Federal Railroad Administration (FRA) funding is to do the studies and clarify where it will come from the port across the river. Regarding involvement of CSX railroad, Mr. Parsley stated that CSX owns the track and the right-of-way through town. A meeting was held with the company last week and there is ongoing communication. Mr. Parsley would define their present position as passive support. CSX does not feel it has anything to act on right now as it is still early in the project. The company has no objection to what is trying to be done, but wants to see the project moved further along before entering into the project. He does believe there is a value proposition available that will entice CSX and also serve the public. There is strong precedent for public investment in private companies. Recently, the FRA awarded the NCDOT an approximately $30 million grant for railroad improvements. NCDOT will spend $70 million to fund private improvements in railroads in the state including here in town. In response to Board questions, Mr. Parsley stated the only money being spent right now is on environmental analysis and engineering, which is what the FRA grant is for. CSX wrote a letter of support for the grant application. There is no doubt that as a private company with shareholders, the shareholders will expect a return on the asset they have. The fact remains that the preliminary work was validated by the FRA, NCDOT, and CSX with a letter of support. The key components of the project moving forward are there. It is still a bit early to know exactly how it comes together in terms of funding, but Mr. Parsley does see a few avenues of success in that area. Ms. Padgett stated that CSX was the first company the Wilmington Rail Realignment committee contacted. The company does understand that this project will also bring them efficiencies. There are opportunities for public- private partnerships. In response to Board questions, Ms. Padgett explained the last mile costs are the time it takes trains to get to the port from, for example, the outskirts of a city. The cost to travel currently through town is dependent on the traffic of the day and how many trains try to get into the port. A train can be driven more quickly from Philadelphia to Chicago than it can be driven through Philadelphia. It’s a similar issue here because the train has to come through the densest part of the area, population wise. Due to dense neighborhoods along the track, a train has to move slowly and also because it is not very many miles from the river and the port. The realignment will make a direct outlet from the port to start going across the county. Mr. Parsley stated that the last mile costs are more incurred by the community here in terms of what it pays for the trains rolling through town and the traffic that is stopped by a train. The real benefit is there as well as in terms of the variable cost that the railroad incurs and the fixed asset cost. The realignment is a more direct route. Having less crossings has advantages in the short term and in the long term when looking at economic development in the area and what happens with property adjacent to the existing rail corridor once that border is repurposed in terms of property values. In response to Board questions, Ms. Padgett stated that the $610 million, which had a forty percent contingency in either direction, included building the two bridges and the track on the other side of the river. Neither the transit portion nor the new track portion included the cost of right-of-way acquisitions for either side. Mr. Parsley stated there are railroad sales that have taken place recently, so there are comparables and precedents for what a railroad sale would look like in the area. He will share the information if it is so desired. Chairman Barfield thanked Ms. Padgett and Mr. Parsley for the presentation. APPROVAL OF FUNDING FOR THE WILMINGTON INTERNATIONAL AIRPORT IMPROVEMENTS THROUGH LOAN PROCEEDS AND ADOPTION OF ASSOCIATED AIRPORT TERMINAL EXPANSION/RENOVATION CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENT Chief Financial Officer Lisa Wurtzbacher stated that the New Hanover County Airport Authority (Airport) is in the design and bid stage of its terminal expansion project. Estimated costs for this project are approximately $38 million and will include approximately 68,000 square feet of new construction and 51,000 square feet of renovated space. It will result in an expanded TSA security area and concourse and gate area. Construction for this project is expected to begin November 2019 and be completed by May 2022. The project is expected to be funded through a combination of Federal Aviation Administration Airport Improvement grant funds, state aviation funds, passenger facility charge revenues, other local sources, and financing. Much of these will be available over multiple years, requiring the Airport to have a funding mechanism in place to fill the gap. As such, the Airport is requesting Board approval for the County to borrow necessary funds to ensure the project continues on schedule. If approved, the County would do this in January when it issues money for County projects, so it will not be done as a separate issuance. The County has, in the past on three separate occasions, borrowed money on behalf of the Airport for the Airport’s capital projects and has been repaid by the Airport based on the terms of the County’s debt schedule. These funds have been repaid to the County in a timely fashion, even repaying debt early in some instances. The estimated amount that may be required is $20 million. The amount may be lower once the bids are finalized and when other funding sources are finalized. The amount will be finalized by January when the County borrows the funds. The County will enter into an interlocal agreement with the Airport and the interest rates and debt service would mirror what the County borrows the money for. The current average debt service estimate, if the issuance is $20 million, is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 344 $1,563,523. Ms. Wurtzbacher presented the following information on the funding for Airport improvements through loan proceeds:  Airport Improvements through Loan Proceeds:  Proposed Terms:  Not to Exceed: $20 Million  Life of debt: 15 Years  Estimated Average Debt Service: $1,563,523  Estimated 2020 Payment: $109,157  Note: Airport’s repayment will mirror County’s repayment schedule  Requested Actions:  Approve the capital project ordinance (sets up a new capital project for this project and budgets the loan proceeds)  Authorizing staff to negotiate and execute the interlocal agreement with the Airport (sets up repayment terms with the Airport) In response to Board questions, Ms. Wurtzbacher confirmed that original funding for the project was going to be primarily through federal and state funds and part of the reason for the request is due to the veto of the state budget. The Airport does have some funds from Federal Aviation Administration (FAA) grants. If the state budget does not get worked out, then this funding would be used to fund the shortfall. As to whether this funding will be necessary if the state budget is passed and includes this funding before January, Ms. Wurtzbacher explained there will be a number of funding sources and asked Airport Director Julie Wilsey to elaborate. Ms. Wilsey stated that one of the things state legislators did the past two years was to include in legislation appropriations for commercial airports to be able to either make capital improvements to infrastructure or repay debt. What is important is that the Airport has the ability to take on this debt. The Airport has in its own account money to cover the shortfall. However, without the debt instrument, the state will not reimburse the Airport. This is one of the ways the Airport is going to cover all the bases to ensure that it keeps its capital funds in its reserves. The Airport does have discretionary funding this year from the FAA, but there is some question about discretionary funding from the FAA for next year. The goal is to make sure the project is not slowed down because the growth of the Airport is extremely important to fulfilling the needs of the traveling public and visitors to this community. Commissioner White stated that he wants people to understand the ripple effect and the direction of how things flow from Washington, D.C. to Raleigh, N.C. It is unfortunate that people on both sides cannot resolve their differences to move forward so that capital projects, such as this, are not left in a lurch. He stated that he would certainly support this request and if appropriate at this time will make a motion for the Board to approve it. Motion: Commissioner White MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to adopt the Airport Terminal Expansion/Renovation Capital Project Ordinance, adopt budget amendment 20-007, and authorize the County Manager to negotiate and execute an interlocal agreement with the Airport for payment of debt proceeds and repayment of the loan. Hearing no further discussion, Chairman Barfield asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the capital project ordinance and budget amendment 20-007 are hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 33.10. APPROVAL OF THE 2018 ANNUAL TAX SETTLEMENT Tax Administrator Allison Snell presented the 2018 Annual Tax Settlement Report stating that for the New Hanover County General Fund, the adjusted total levy is $171,357,305.75 with a total uncollected balance of $1,090,359.41 with a 99.36 percent collection rate. For debt service, the adjusted total levy was $22,347,468.53 with an uncollected balance of $141,144.74 with a 99.37 percent collection rate. The Fire District had an adjusted levy of th $10,408,068.49 with an uncollected balance as of June 30 of $67,937.39. This resulted in a 99.35% collection rate. Over the past five years, continual growth has been seen in the collection rate. Ms. Snell stated she thinks this speaks volumes for what her team has been able to continue accomplishing for the County. She is very proud of her team and they have worked hard this year. Commissioner Kusek thanked Ms. Snell and her team for doing a really good job. Commissioner Zapple thanked Ms. Snell and her team for setting the goal higher each year and achieving it. The results are impressive. Hearing no further discussion, Chairman Barfield thanked Ms. Snell for her presentation and asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to approve the 2018 Annual Tax Settlement. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 345 A copy of the report is available for review in the Tax Department. ADOPTION OF BYLAWS RE-ESTABLISHING THE NEW HANOVER COUNTY COMMISSION FOR WOMEN Community Affairs Coordinator Tufanna L. Bradley-Thomas stated that the Board is being asked to consider re-establishing the New Hanover County Commission for Women and presented the following information:  Why is it important to re-establish the NHC Commission for Women?:  Demonstrate New Hanover County support and leadership on issues impacting women  Achieve New Hanover County’s goal strategic goal of Superior Public Health and Safety by producing an annual report advising the County Commission on issues impacting women  Create an umbrella for which information and advocacy events can be shared with area women’s groups via a women’s network/database  Connection to the North Carolina Council for Women and Youth Involvement  History:  The New Hanover County Board of Commissioners gave its endorsement of the Council on the Status of Women on March 6, 1978  The City of Wilmington supported a name change to the Commission for Women on July 25, 1989; the County endorsed the name change on January 22, 1991  The Commission’s membership was 17 with 7 appointed by City Council, 7 appointed by the County Commissioners and 3 appointed by the Councils of Carolina, Kure, and Wrightsville Beaches  Status of Women in NC: Health and Wellness:  th North Carolina has the best rankings for heart disease mortality (27 out of 50) and breast cancer th mortality (29 out of 50)  ndth North Carolina fairs poorly in stroke mortality (42 out of 50), AIDS diagnoses (44 out of 50), ndrd incidences of Gonorrhea (42) and Chlamydia (43)  thth New Hanover County has the best rankings for uterine cancer (6) and diabetes (7)  th New Hanover County fairs poorly in strokes (80)  Proposed Re-established Commission:  11 members, with a YWCA appointment  At a minimum the Commission will meet quarterly  Officers will include a Chairman, Vice-Chairman and Secretary  A representative from the North Carolina Council for Women and Youth Involvement will be an ex- officio member  The City of Wilmington will work jointly with the Commission, appointing 5 members and the Board of Commissioners will appoint 5 members  Upcoming Events:  Month of September: State Proclamation of “She Changed the World” signed by Governor Cooper  September 7, 2019: “She Changed the World: NC Women Breaking Barriers” kickoff in Raleigh, NC  thth The year 2020 marks the 100 anniversary of the passage of the 19 amendment allowing women the right to vote, although, African-Americans were not allowed to freely exercise their right to vote until the 1960s Commissioner Kusek stated she had the pleasure of serving on this commission approximately 18 years ago. It was a great group and she is pleased to see it being brought back. The commission will serve as an educational resource to women in this community to help them learn what resources are available to them and bring all the information under one umbrella. Vice-Chairwoman Olson-Boseman expressed appreciation to Ms. Bradley-Thomas and Judge Robinson for working hard to get this commission reestablished. In response to Board questions, Clerk to the Board Crowell stated that although the prior commission makeup specifically noted that appointments would also be made by the three beach towns, the beach towns are part of the County. Applications from residents in those areas would be accepted by the County as they are for any other County board or committee. Hearing no further discussion, Chairman Barfield stated he was pleased to see this request coming forward for Board consideration and asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Olson-Boseman, to adopt the bylaws to establish the New Hanover County Commission for Women. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the bylaws is hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 33.11. ADOPTION OF A RESOLUTION OF CRITICAL NEED FOR NEW HANOVER COUNTY GOVERNMENT POTENTIAL REDEVELOPMENT PROJECT Deputy County Manager Tim Burgess stated the Board is being asked to consider adopting a resolution of critical need. If adopted, it would be the first step in the process for a potential public-private partnership for the redevelopment of the New Hanover County Government Center property. A public-private partnership capital NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 346 project would facilitate construction of a new county government center together with private residential and commercial development. As part of the adoption of the resolution, the Board would need to determine that there is a critical need for a purpose designed County Administration Building. Mr. Burgess then asked Property Management Director Sara Warmuth to provide an overview of the what the critical need is for any new facility. Ms. Warmuth provided the following overview:  Consider adoption of Resolution of Critical Need:  The Government Center:  Parcel A: 6.06 acres; 45,181 square foot facility  Parcel B: 4.39 acres; 31,736 square foot facility  Parcel C: 4.56 acres; 59,737 square foot facility  Total: 15.01 acres; 136,654 square feet under roof  Site Conditions: located in Federal Opportunity Zone; permitted uses by agreement; parking easements  History:  1989: Constructed as Shopping Center  2002: County Purchased Parcel C for $2.6 million  2003: County Purchased Parcel B for $2.7 million  2005: County Purchased Parcel A for $4.2 million  2006: County Construction (EOC/911) for $2.8 million  County Renovations total $6.3 million  Investment totals $18.6 million (not including maintenance, repairs, upgrades, and utilities)  Future Costs:  Halfway through 60-year life expectancy  $20.3 million needs over next 20 years ($12.4 million in 2018 dollars adjusted for 5% annual inflation, compounded annually)  Major repairs over upcoming 20 years include: parking lot (2020); carpet, doors, wall finishes, ceilings (2023); roof (2026); HVAC system replacements (annually) Mr. Burgess stated that the current building was not built for governmental operations but rather, for retail when it was constructed in 1989. While is it has served the customers very well, there are limitations to what can be done with the building. He continued the presentation providing the following overview:  Potential benefits of new facility: customer-centered/customer-focused; purpose-design; resilient; energy-efficient; smart design to maximize facility usage  Additional benefits: maximize use of underdeveloped property; generate tax revenue as it would be under ownership of the private sector  Next steps (if directed by the Board to proceed):  th August 12: Adopt Resolution of Critical Need directing staff to determine programming needs for a new county administration building and authorize staff to issue a Request for Qualifications (RFQ) for a public-private partnership  th th August 19- 30: Issue RFQ for public/private partnership  th October 14: Responses due  th November 18: Board authorizes staff to begin negotiations with potential developer(s)  TBD: Board Holds Public Hearing and approves development agreement In response to Board questions, Mr. Burgess stated that the need for a parking deck would be determined by the developer submitting the proposal as their site plan will be the driver for the number of spaces needed. Staff has not put together a square foot price/cost to the County. The developers will submit to the County information to determine the financials on the square foot price/cost, what their investment will be, what the County’s cost would be, etc. Regarding whether or not this is the same model as what is being used for Project Grace, Mr. Burgess stated it will depend on what the developers submit to the County. One of the options could be the County leases the property back from the developer. Another option could be the County purchases and pays for the county building and they develop the rest of it. As to whether or not it is still an option to buy the Ten Pin Bowling Alley property, Mr. Burgess stated from the County’s and developer’s perspectives, it may be of interest to a developer, as well as other buildings in the vicinity. It will depend on what the developer is wanting to do and if it requires more land than the County owns or from a financial standpoint if it makes sense for them to make the project more feasible. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Vice-Chairman Olson-Boseman MOVED, SECONDED by Commissioner Kusek, to adopt a Resolution of Critical Need directing staff to determine programming needs for a new county administration building and authorizes staff to issue a Request for Qualifications (RFQ) for a public-private partnership. 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 33.12. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 347 PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY LEE KAESS, PLLC, ON BEHALF OF THE PROPERTY OWNER, INLET WATCH DEVELOPMENT PARTNERS, LLC, FOR A MODIFICATION TO AN EXISTING (CZD) B-2 ZONING DISTRICT, LOCATED AT 7275 CAROLINA BEACH ROAD, TO ALLOW FOR OUTDOOR BOAT/RV STORAGE (Z-965M) Chairman Barfield opened the public hearing and requested staff to make the presentation. Senior Planner Ben Schuler presented the request by Lee Law Firm, on behalf of the property owner, Inlet Watch Development Partners, LLC, for a modification to an existing (CZD) B-2 zoning district, located at 7275 Carolina Beach Road, to allow for outdoor boat/RV storage. The property is directly west of the Inlet Watch subdivision. The property is currently zoned (CZD) B-2, Conditional Highway Business allowing for the development of four mini- warehouse structures. To date, three of the four buildings have been constructed. The area designated for the fourth building is currently being used for outdoor boat/RV storage, which is not consistent with the approved conceptual plan. The boat/RV storage is a separate use per the Zoning Ordinance and in order to do this, it requires a modification to the zoning district. After staff became aware of the outdoor storage taking place on the site, the property owner was contacted and directed to correct the violation. The property owner is requesting a modification that allows the option to utilize the area designated for the fourth building as outdoor boat/RV storage. The applicant also requests to reserve the right to construct the fourth building at that location in the future. The Zoning Ordinance requires this modification to be processed under the same review procedure as the original Conditional Zoning District, including Planning Board and Board of Commissioners consideration. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This 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. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. The proposed modification is generally consistent with the 2016 Comprehensive Plan because commercial uses, such as the existing storage facility, are allowed within the Community Mixed Use place type, and the proposed recreational vehicle and boat storage area is a similar use. The Planning Board considered this application at their July 11, 2019 meeting and recommended approval (5-0), finding it to be consistent with the purposes and intent of the Comprehensive Plan because commercial uses are appropriate within the Community Mixed Use place type, and the proposed use is similar to the existing facility already approved for the site. The Board also found approval of the modification request is reasonable and in the public interest because the proposal would minimize the visual impact of the business by providing additional landscaping and buffering, and provide services to the nearby residents that will minimize vehicle trips and miles traveled. The Planning Board recommended that the existing conditions placed on the Conditional Zoning District remain in effect, and the following conditions be added to the District: 1.In addition to the required opaque landscape buffering, the property owner shall buffer the eastern side of the boat/RV lot by: a. Retaining the existing 8-foot-high wood fence, and b. Planting an additional evergreen hedge between the boat/RV lot and adjacent residential properties that will provide a continuous screen and be of a species that reaches at least 15 feet tall at full maturity, such as wax myrtles or other similar species 2.The property owner shall minimize the visual impact of the subject property by limiting the height of the boats/RVs stored on site, as indicated below. Measurement shall be taken from the established grade to the highest point of the boat or vehicle, excluding any antennas: a. No boat/RV exceeding 14 feet in height shall be stored within the outdoor storage area b. No boat/RV exceeding 12 feet in height shall be stored within 45 feet of the eastern fence line 3.The required landscape buffer along Radnor Road shall be supplemented with additional vegetation to reach 100% opacity by November 1, 2019. The additional landscaping shall consist of Red Tips, Oleanders, or other fast growing shrubs, be a minimum of four feet in height at the time of planting, and be planted close together to ensure opacity. 4.The property owner shall continue to maintain, and keep in good condition, the fencing and landscaping on the eastern side of the boat/RV storage lot. 5.No dry stacking of boats shall be permitted on the subject property. 6.No repairing, washing, cleaning, or any other maintenance, or occupancy of vehicles, RVs, trailers, boats, or trucks shall be permitted on the site. 7.All lights must be shielded in a manor so that light from the fixture does not directly radiate to adjacent properties. The conditions of the original approval from January 9, 2017 (Z-965) will remain in effect and are as follows: 1.The business shall be subject to the following hours of operation: a. Staff Office: i. 9:00 a.m. to 6:00 p.m. – Weekdays ii. 9:00 a.m. to 4:00 p.m. – Saturdays iii. 10:00 a.m. to 2:00 p.m. – Sundays b. Gate Access by Security Code: i. 6:00 a.m. to 10:00 p.m. – Daily NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 348 2.Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 3.The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall be supplemented by an evergreen low buffer consistent with the parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20' wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road. Chairman Barfield thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. Michael Lee of Lee Kaess, PLLC, representing the property owner, Inlet Watch Development Partners, LLC presented the following information about the request:  Budget Storage – Presentation for Modification of Conditional Use Permit:  Approval:  Modification of Existing B-2 Conditional Use:  How is change consistent with County’s Policies for Growth and Development  How would the zone change be consistent with the property’s classification on the Land Classification Map  What neighborhood changes have occurred to make the original zoning inappropriate or is land that is unsuitable for uses permitted under existing zoning  History:  1971 – Initially zoned R-15  1984 – Zoned B-1; neighborhood oriented commercial  1987 – Zoned B-1; commercial development  2014 – SUP Mixed Use:  Three story mixed use building  93 MF units  2,500 square foot commercial  2017 – CZD B-2  Community Meeting – Items discussed and addressed by applicant:  Stormwater: Impervious surface increase; general concerns over operation/development  Lighting: back of building; overall light bleed  Viewshed: Landscaping on Radnor Rd., fencing, removal of vegetation, buffers, and irrigation Mr. Lee stated that Adam Sosne with Inlet Watch Development Partners was present and asked him to explain how the modification issue arose. Mr. Sosne stated that the project was approved in 2017 and at that time the engineering and specific design of the site started. The lenders then approved the project to continue moving it forward. The four buildings on the site were approximately 77,000 square feet in total. Based on the company’s marketing study, it was originally determined through the lender’s process that the lender wanted the project to start with 60,000 square feet plus or minus. Three buildings worked out to approximately that square footage and that is what his company moved forward with. It has always been the intention, and if there is a demand for it, to build the fourth building. The project started in early 2018 and was built through most of the year. The company had a certificate of occupancy for the office building and its management company moved in at the end of the first week of September, which was only open seven days when the hurricane hit. The office was closed for eight days and at that time, the site was still under construction. Two of the buildings were ready, the third building there today was still under construction, and he thinks, certainly from the manager's perspective, the management company was overwhelmed with storage requests for both indoor and outdoor storage. The manager was hired by a management company that came in from out of market. ‑‑ The management company itself does manage several storage facilities in Wilmington, and Mr. Sosne does not think they fully appreciated the difference between a B2 and a B2 Conditional District. All of the other facilities they manage have outdoor storage in them along with indoor storage. Mr. Sosne stated that it was his responsibility to inform them and he apologized for not doing so. This is the first time he has been involved with a project where his company actually ended up doing something that was not approved on site. It came to his attention months ‑ after, and he and the company certainly want to correct it. From the management company’s perspective, the storm was a doubleedged sword. It made them very busy and they had a lot of requests and tried to accommodate people to the best of their ability. He truly believes it was not their intention to deceive anyone or to be underhanded in anyway nor was it his intention. When it was brought to his attention, a meeting was held with County staff to discuss how to move forward. It was determined that an amendment request was the way to move forward. There is a lot of demand for this type storage. In making this request, the company would like to also preserve the right to come back to build the fourth building at the appropriate time when that becomes necessary. Mr. Lee continued the presentation providing an overview of the project noting the steps taken by the property owner to address the neighbors’ concerns. An eight-foot high fence was built to block the view and 15 crepe myrtles and wax myrtles were installed to capture the viewshed. The ordinance and conditions require the vegetation to be a species that can reach 15-feet tall. The trees were planted at a significant height to provide some NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 349 visual buffer. The stormwater issues have been addressed with the community as well as the lighting, viewshed, landscape, fencing, and additional vegetation. The additional conditions have been agreed to by the applicant. In response to Board questions, Mr. Lee stated that the neighbors’ request to plant specifically viburnums and ligustrums for the vegetation to provide the visual buffer was doable. The applicant is committed to installing this type of vegetation. Mr. Lee further stated that the condition addressing the vegetation type has been written by staff to be broad enough to include other species in addition to what was specified by the Planning Board. He and his client are agreeable to viburnums and ligustrums being added to the condition. Chairman Barfield announced that no one else had signed up to speak in favor or in opposition to the request and closed the public hearing. He then asked Mr. Lee if his client was agreeable with the conditions as set forth by the Planning Board and amended by this board. Mr. Lee stated that the applicant was agreeable with accepting all the conditions. A brief discussion was held about how the conditions of a conditional zoning district are not accomplished and how there is the potential for public skepticism about the effectiveness of the conditions placed on these districts as well as for special use permits. Planning and Land Use Director Wayne Clark stated that it is a zoning enforcement responsibility of his department. In this specific case, the project was in compliance at the time the certificate of occupancy was issued. It is the responsibility of his department to do the inspections to ensure the properties are in compliance. The residents notified his department of the issue and this site will be on a regular watch list. When a code enforcement violation is issued, the property owner is given an informal notice to come into voluntary compliance, which was done in this case. The property owner was contacted by staff about the violation and asked how to modify the conditional zoning. It has been Mr. Clark’s experience that while the property owner is making an effort to come into compliance, unless there is a life safety issue, the property owner is not forced to remove anything off the site while requesting a modification. That is what was done in this case. If the request is approved, the property owner is fine. If the request is denied, the property owner has to come into compliance immediately. Mini-warehouse is a use in the zoning code and is what was originally approved for this project. In this County, boat/RV storage is a separate use and not one of the uses listed in the CZD. Equipment storage and others are different uses. If the Board approves this request, the only uses that will be allowed are boat/RV storage and mini-warehousing, and there are no other uses listed in this conditional district. Chairman Barfield asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner White to approve, affirming the Planning Board’s statements that the application is 1) Consistent with the purposes and intent of the Comprehensive Plan because commercial uses are appropriate within the Community Mixed Use place type, and the proposed use is similar to the existing facility already approved for the site; and 2) Reasonable and in the public interest because the proposal would minimize the visual impact of the business by providing additional landscaping and buffering, and provide services to the nearby residents that will minimize vehicle trips and miles traveled, and with the conditions as recommended by the Planning Board and modified by this Board: 1.In addition to the required opaque landscape buffering, the property owner shall buffer the eastern side of the boat/RV lot by: a.Retaining the existing 8-foot-high wood fence, and b.Planting an additional evergreen hedge between the boat/RV lot and adjacent residential properties that will provide a continuous screen and be of a species that reaches at least 15 feet tall at full maturity, such as wax myrtles or other similar species 2.The property owner shall minimize the visual impact of the subject property by limiting the height of the boats/RVs stored on site, as indicated below. Measurement shall be taken from the established grade to the highest point of the boat or vehicle, excluding any antennas: a.No boat/RV exceeding 14 feet in height shall be stored within the outdoor storage area b.No boat/RV exceeding 12 feet in height shall be stored within 45 feet of the eastern fence line 3.The required landscape buffer along Radnor Road shall be supplemented with additional vegetation to reach 100% opacity by November 1, 2019. The additional landscaping shall consist of Red Tips, Oleanders, Ligustrums, Viburnums, or other fast growing shrubs, be a minimum of four feet in height at the time of planting, and be planted close together to ensure opacity. 4.The property owner shall continue to maintain, and keep in good condition, the fencing and landscaping on the eastern side of the boat/RV storage lot. 5.No dry stacking of boats shall be permitted on the subject property. 6.No repairing, washing, cleaning, or any other maintenance, or occupancy of vehicles, RVs, trailers, boats, or trucks shall be permitted on the site. 7.All lights must be shielded in a manor so that light from the fixture does not directly radiate to adjacent properties. The conditions of the original approval from January 9, 2017 (Z-965) will remain in effect and are as follows: 1.The business shall be subject to the following hours of operation: a. Staff Office: i. 9:00 a.m. to 6:00 p.m. – Weekdays ii. 9:00 a.m. to 4:00 p.m. – Saturdays NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 350 iii. 10:00 a.m. to 2:00 p.m. – Sundays b. Gate Access by Security Code: i. 6:00 a.m. to 10:00 p.m. – Daily 2.Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 3.The yards along Carolina Beach Road and Radnor Road shall be bordered with min. 6' high decorative aluminum fencing. The required streetyard plantings along Carolina Beach Road shall be supplemented by an evergreen low buffer consistent with the parking lot screening requirements of Section 62.1-5 of the Zoning Ordinance. In addition, a 20' wide buffer strip, consistent with Section 62.1-4 of the Zoning Ordinance, shall be planted along Radnor Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 114. APPOINTMENT OF VOTING DELEGATE TO THE 2019 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC) ANNUAL CONFERENCE Chairman Barfield stated that the NCACC 112th Annual Conference will be held in Guilford County on August 22-24, 2019. A voting delegate must be appointed and submitted to NCACC by August 16, 2019. During the business session on Saturday, August 24, scheduled from 2:00 p.m. - 4:00 p.m., each county will be entitled to one vote on items that come before the membership, including election of the NCACC Second Vice President. Commissioner Zapple is attending. Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to appoint Commissioner Zapple as the voting delegate for the 2019 NCACC Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Adult Care Community Advisory Committee Chairman Barfield reported that up to nine vacancies exist on the New Hanover County Adult Care Community Advisory Committee with two applications available for consideration. Vice-Chairman Olson-Boseman nominated Ursula A. Green and Elizabeth A. Greenwood for appointment. 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 appoint Ursula A. Green and Elizabeth A. Greenwood to the New Hanover County Adult Care Community Advisory Committee to serve initial terms with the terms to expire August 31, 2020. Appointment to the New Hanover County Board of Examiners of Electricians Chairman Barfield reported that two vacancies exist on the New Hanover County Board of Examiners of Electricians with one applicant eligible for reappointment. Commissioner Kusek nominated William Loeber for reappointment. 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 UNANIMOUSLY to reappoint William Loeber to the New Hanover County Board of Examiners of Electricians in the Independent Electrical Contractor category to serve a two-year term with the term to expire September 1, 2021. Appointment to the New Hanover County Board of Mechanical Examiners Chairman Barfield reported that three vacancies exist on the New Hanover County Board Mechanical Examiners with one applicant eligible for reappointment. Commissioner Kusek nominated Donald K. Lewis for reappointment. 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 UNANIMOUSLY to reappoint Donald K. Lewis to the New Hanover County Board Mechanical Examiners in the Mechanical Contractor category to serve a two-year term with the term to expire August 31, 2021. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 351 Appointments to the New Hanover County/City of Wilmington Workforce Housing Advisory Committee Chairman Barfield reported that six vacancies exist on the New Hanover County/City of Wilmington Workforce Housing Advisory Committee in the At-Large, Business/Education Community, Cape Fear REALTORS® Representative, Development Community, Financial Community, and Non-Profit Housing Community categories, with 13 applications available for consideration. Vice-Chairwoman Olson-Boseman nominated Shamonique Brantley in the Non-Profit Housing Community and Glenda Tate, in the Business/Education Community category for two year terms. Commissioner Zapple nominated Tom Gale in the At-Large category for a one-year term; Steve Shuttleworth in the Business/Education Community category for a two-year term; Jody Wainio as the Cape Fear REALTORS® Representative category for a two-year term; David Spetrino, Jr. in the Development Community category for a one-year term; and Steve Spain in the Non-Profit Housing Community category for a one-year term Commissioner Kusek nominated David Spetrino, Jr. in the At-Large category for a two-year term; Glenda Tate in the Business/Education Community category for a two-year term; Brandon Harris in the Cape Fear REALTORS® Representative category for a one-year term; R. Frank Smith, Jr. in the Development Community category a two-year term; Shamonique Brantley in the Financial Community category for a one-year term; and Steve Spain in the Non-Profit Housing Community category for a one-year term. Vice-Chairwoman Olson-Boseman seconded the nominations. Commissioner White stated that he would support the nominations made by Commissioner Kusek. Chairman Barfield stated that in order to eliminate a lengthy conversation, the Board appoints Shamonique Brantley, Brandon Harris, R. Frank Smith, Jr., Steve Spain, David Spetrino, Jr., and Glenda Tate. Chairman Barfield directed the Clerk to the Board to send a thank you letter to Jody Wainio for her service on the initial steering committee. Vote Results: The Board, by a majority consensus, appointed David Spetrino, Jr. in the At-Large category; Glenda Tate in the Business/Education Community category; and R. Frank Smith, Jr. in the Development Community category for two-year terms with the terms to expire August 31, 2021 and appointed Brandon Harris in the Cape Fear REALTORS® Representative category; Shamonique Brantley in the Financial Community category; and Steve Spain in the Non-Profit Housing Community category for one-year terms with the terms to expire August 31, 2020 to the New Hanover County/City of Wilmington Workforce Housing Advisory Committee. Appointments to the New Hanover County Commission on African-American History, Heritage and Culture Chairman Barfield reported that 13 vacancies exist on the New Hanover County Commission on African- American History, Heritage and Culture in the At-Large, Business Community, Civil Rights Community, Education Community, and Faith Community categories, with 14 applications available for consideration. Vice-Chairwoman Olson-Boseman nominated Christopher F. Eaton, Bernice S. Johnson, Tonia McKoy, Linda Thomas, and George Vlasits for two-year terms in the At-Large category; Brenda A. Fong for a three-year term and Stephanie Walker for a two-year term in the Business Community category; Deborah D. Maxwell and Islah Speller for three-year terms in the Civil Rights Community category; Angela G. Gaines and Manuel Lloyd for three-year terms in the Education Community category; and Sandra Oglesby and J’vanete Skiba for three-year terms in the Faith Community category. 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 appoint Christopher F. Eaton, Bernice S. Johnson, Tonia McKoy, Linda Thomas, and George Vlasits in the At-Large category; and Stephanie Walker in the Business Community category for two-year terms with terms to expire August 31, 2021 and appointed Brenda A. Fong in the Business Community category; Deborah D. Maxwell and Islah Speller in the Civil Rights Community category; Angela G. Gaines and Manuel Lloyd in the Education Community category; and Sandra Oglesby and J’vanete Skiba in the Faith Community category for three-year terms with the terms to expire August 31, 2022 to the New Hanover County Commission on African-American History, Heritage and Culture. Appointments to the New Hanover County Inspections Department Advisory Council Chairman Barfield reported that three vacancies exist on the New Hanover County Inspections Department Advisory Council with two applicants eligible for reappointment and two applications available for consideration. Chairman Barfield nominated Sean Lewis, Garry S. Pape, and David L. Smith 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 Sean Lewis in the Residential Builder category, Garry S. Pape and David L. Smith in the At-Large category to the New Hanover County Inspections Department Advisory Council to serve three-year terms with the terms to expire July 31, 2022. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 352 Appointments to the New Hanover County Library Advisory Board Chairman Barfield reported that four vacancies exist on the New Hanover County Library Advisory Board with two applicants eligible for reappointment and two applications available for consideration. Chairman Barfield nominated Joy J. Guenther and Linda A. Miles for appointment and Katherine Montwieler and Ronna Zimmer for reappointment. Commissioner Kusek 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 appoint Joy J. Guenther and Linda A. Miles and reappoint Katherine Montwieler and Ronna Zimmer to the New Hanover County Library Advisory Board to serve three-year terms with the terms to expire August 31, 2022. Appointments to the New Hanover County Planning Board Chairman Barfield reported that two vacancies exist on the New Hanover County Planning Board with one applicant eligible for reappointment and nine applications available for consideration. Commissioner Kusek nominated Paul D. Boney reappointment and Colin J. Tarrant for appointment. 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 Paul D. Boney and appoint Colin J. Tarrant to the New Hanover County Planning Board to serve three-year terms with the terms to expire July 31, 2022. Appointment to the New Hanover County Risk Management Advisory Committee Chairman Barfield reported that two vacancies exist on the New Hanover County Risk Management Advisory Committee with one applicant eligible for reappointment. Chairman Barfield nominated Kevin P. Flowers for reappointment. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Kevin P. Flowers to the New Hanover County Risk Management Advisory Committee to serve a three-year term with the term to expire September 1, 2022. Appointment to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chairman Barfield reported that two vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with one application available for consideration. Chairman Barfield nominated Denise Chadurjian for appointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Denise Chadurjian to the Parks Conservancy of New Hanover County, Inc. Board of Directors to serve an unexpired term with the term to expire June 30, 2022. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that seven people signed up to make public comments and invited those people to step forward to speak for three minutes each. Mac Cunningham, resident of Glen Meade Road, stated that he lives adjacent and south of New Hanover Regional Medical Center (NHRMC). In connection with the informational packets he previously provided to the Board, the County has a responsibility to resolve land use concerns by residents. He asked that the County develop a collaborative plan with the City of Wilmington to resolve the issues. He desires that his family’s safety, welfare, livability, quality of life, privacy, and property values be protected. There are senior citizens, the majority being women, suffering inequality of treatment because of the intense land use solutions, derelictions that require code enforcement, and the County’s laissez faire attitude. In regards to who owns the NHRMC property, he desires enforcement of all applicable Federal and state laws. In doing so, the City of Wilmington’s land use ordinances shall prevail. Richard Lee Manning Jr., resident of Carolina Beach Road, asked that the Board take off the menu the sale of NHRMC. It is the citizen’s hospital. In speaking with 25 nurses and doctors, they have told him they are against the sale. He asked that the Board to not move forward with the matter. Natalie English, President and CEO of the Greater Wilmington Chamber of Commerce (Chamber), stated that NHRMC is one of the largest assets and economic drivers in the County as well as the airport, state ports, the community college, and UNCW. As the region continues to grow, these assets need to grow and change to contribute to the region’s success. It is critical to do so. The community has outstanding health care. The Chamber’s executive NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, AUGUST 12, 2019 PAGE 353 committee adopted a resolution by a majority vote that states it encourages the County Commissioners to support an effort to explore new ownership opportunities for NHRMC. The executive committee further encourages the ‑ Commissioners to consider key priorities such as improving access, value and quality of care, taking care of everyone regardless of ability to pay, achieving health equity, increasing the level and scope of care and ensuring the longterm financial security of the health system while maintaining a staff and culture that contributes to the great success of the system. This is not an endorsement to sell, rather an endorsement to ask the question and to analyze the data. Robert Bowen, resident of Marlwood Drive, declined to comment. Michael Werner, resident of Wilmington and chair of the Ogden Preservation Group, stated that 7023 Market Street parcel (Island's Restaurant) has been sold, and the new owners intend to cut down the historic oak trees on the site and build a car wash. The project has been approved against the wishes of the Planning Commission and there is essentially no protection of the large historic and preservation oaks. He asked for the Board to do something quickly to preserve the oak trees as the project has already been approved. The developer only has to pay a $39,000 fine to cut down all the oaks. The Board needs to speak with its attorneys about the best way to stall this until legislation can possibly be put through because the overall plan has not been approved. The parcel has oaks on it that are 57 inches in diameter, several of them are probably over a hundred years old. He urged the Board to preserve the way of life and a sense of place that makes Ogden and Wilmington what it is. In response to Board questions, Planning and Land Use Director Wayne Clark stated that he is not aware of any issues with 7023 Market Street. The property is zoned B-2 and a car wash use is a permitted by-right use as well as the restaurant that is there. There is a pending commercial building application that has not gone through the process yet, but it is not a rezoning request. The trees were not down a week ago. Under this type zoning, there are landscape requirements and a mitigation fee. The trees that can be removed can be and there is only mitigation fee. He is not prepared at this time to provide options for what the Board can do to stop it. He will look into what options are available and communicate those to the County Manager to make sure the Board is aware. Leslie Cohen, resident of Peachtree Avenue, stated that she is very concerned about the proposed sale of the hospital. She moved to Wilmington from Atlanta where there were at least eight hospitals within five to ten miles of her home. There was a public hospital, along with for-profit and non-profit hospitals, across Atlanta and all had various levels of care and not all offered the same services. She does not want the level of care at NHRMC to degrade and she does not know any way to protect against that in the long term unless it remains a public hospital. DeAndre’ Carniffe, resident of Henry Street, declined to comment. ADDITIONAL AGENDA ITEMS OF BUSINESS Chairman Barfield stated that he had an additional item concerning the Board’s 2019 meeting schedule. There is desire to adjust the October meeting schedule from two regularly scheduled meetings to one regularly scheduled meeting as follows: • Remove the Agenda Review meeting on October 3rd and the October 7th Regular Meeting • Keep the Agenda Review meeting on October 17th and change the October 21st Regular Meeting from starting at 9:00 a.m. to starting at 4:00 p.m. • The October 31st Agenda Review meeting for the November 4th Regular Meeting would remain as is. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to amend the 2019 meeting schedule for October to remove the Agenda Review meeting on October 3rd and the October 7th Regular Meeting and keep the Agenda Review meeting on October 17th and change the October 21st Regular Meeting from starting at 9:00 a.m. to starting at 4:00 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Zapple stated that non-profit organizations that are interested in the surplus property to be disposed of by the County, should contact James Derseraux in Property Management. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 6:30 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.