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2019-09-16 Regular MeetingNEW HANOVE2 COUNTY BOAFU OF COMMISSIONERS BOOK34 REGULARMB =FING� SH- MBE216, 2019 PAGE355 ASSEMBLY The New Hanover County Board of Commissionersmet in Pegular Session on Monday, September 16, 2019, at 4:00 p.m. in the Andre' Mallette Training Fmoms at the New Hanover County Government Canter, 230 Government Canter Drive, Wilmington, North Carolina. Members present: Chairman bnathan Barfield, ,Y.; Vice-Chairwoman Jilia Olson- Boseman; Commissioner Patricia Kusek; Commissioner Woody White; and Commissioner Fbb Zapple. Staff present: County Manager ChrisOoudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLETGEOFALLEDIANCE Peverend Adam Rerce, St. Paul's Episcopal Church, provided the invocation and Commissioner Kusek led the audience in the Redge of Allegiance to the Rag. APPFZDVALOF CONSENTAGEVDA Chairman Barfield requested a motion to approve the Consent Agenda aspresented. Motion: Commissioner Kusek MOVED, SE00NDED by Vice- Chairwoman Olson - Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CAF;RED UNANIMC)USLY. Approval of Minutes — Governing Body The Commissioners approved the minutesof the Pegular Meeting of August 12, 2019 and Agenda Peview held on August 29, 2019. Adoption of a Resolution Acknowledging the New Hanover County State of Emergency and Termination of State of Emergency in the County of New Hanover Proclamations — Governing Body The Commissioners adopted and acknowledged the State of Emergency Proclamation dated September 3, 2019 and the Termination of State of Emergency Proclamation dated September 16, 2019. On September 3, 2019 at 9:30 a.m. due to the approaching Hurricane Dorian, the Chairman signed into effect the New Hanover County State of Emergency Proclamation to be effective at 5:00 p.m. on September 3, 2019. On September 16, 2019 at 4:00 p.m., having determined that a state of emergency no longer exists, the Chairman is being asked to sign into effect the proclamation terminating the New Hanover County State of Emergency. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XU, Page 34.1. Adoption of Constitution Week Proclamation — Governing Body The Commissioners adopted a proclamation recognizing September 17 -23, 2019 as Constitution Week in New Hanover County. Acopy of the proclamation is hereby incorporated as part of the minutesand iscontained in Exhibit Book XU, Page 34.2. Adoption of State Road Resolution — Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Fbad Pesolution in support of adding the following roadsto the state system: Chalice Lane and Chalice Court located within the Carmel at Vineyard Greens subdivision in New Hanover County (Division File No: 1268 -N) Acopy of the resolution is hereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.3. Adoption of a Resolution to Approve the Donation of a 2011 Ford Crown Victoria to Cape Fear Community College to be Used in the College's Basic Law Enforcement Training Program — Sheriffs Office The Commissioners adopted a resolution approving the donation of a 2011 Ford Crown Victoria to Cape Fear Community College (CFCC) to be used in the College's Basic Law Enforcement Training (BLET) Program. The authorization for thisdonation isgranted under North Carolina General Statute (NCB 16OA 280 which allowsa city or county to donate to another governmental unit within the United States any personal property, including supplies, materials, and equipment, that the governing board deemsto be surplus, obsolete, or unused pursuant to a resolution adopted after the posting of a public notice of such resolution at least five (5) daysprior to itsadoption. Acopy of the resolution is hereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.4. NEWHANOVER COUNTY BOAFUOFCOMMISSONE S BOOK34 FiEGULARMEEFING� SH- MBER16, 2019 PAGE356 Approval of Second Lease Amendment with New Hanover County Airport Authority — County Attomey The Commissionersapproved a second lease amendment with the New Hanover County Airport Authority. The present master lease with the New Hanover County Airport Authority runsthrough ,lane 30, 2049. The Airport iscurrently negotiating subleaseswith tenantsdedring to construct facilitieson the premisesthat require optional lease extensions beyond the original master lease termination date. The prospective tenantswill then be able to obtain long term financing. The Second Lease Amendment will accommodate such subtenants and their vendors with an extension through December 31, 2070. The airport usessuch land leasesto maintain and enhance revenue. Approval of the ABC Board's Travel Policy — CountyAttomey The Commissioners approved the New Hanover County Alcohol Beverage Control (ABC) Board's travel policy as presented. A copy of the complete ABC Board Travel Policy is available for review in the New Hanover County ABC administrative office. Adoption of a F�Iasolution Supporting a Shallow Draft Inlet Grant Application to Fund the 2020 Mason Inlet Maintenance Dredging Brent — Engineering The Corn missi onersadopted a resolution supporting a shallow draft inlet grant application to fund the 2020 Mason Inlet Maintenance Dredging event through the North Carolina Division of Water Fesources. The proposed 2020 maintenance event will remove sand that has shoaled within the template since the previous 2016 maintenance event. The Mason Inlet Pelocation Project (MIFF isauthorized under the North Carolina Division of Coastal Management (NCDCM) permit #151 -01 and the US Army Corps of Engineers (USOCM Permit #1999- 01052. After mobilization, dredging and engineering expenses estimated at $8,191,139.00; minus Figure 8's purchase of the sand estimated at $2,475,000.00; the remaining cost shares are estimated at $3,810,950.00 (SDI Grant at 66.67 %) and $1,905,189.00 (M I PGV\B at 33.33 %) total i ng $5,716,139. 00. The room occupancy tax wi I I cover the MIPG WYightwille Beach share and will be reimbursed through the current five -year assessments The maintenance event's project completion date is March 31, 2020. Acopy of the resolution ishereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.5. Approval of New Hanover County Board of Education Applications for North Carolina Education Lottery Funds for FY20 Capital Projects— Finance The Commissioners approved the New Hanover County Board of Education applicationsfor North Carolina Education Lottery Fundsfor FY20 Capital Projects Capital construction needswere identified and considered in the FY19- 20capital budget process The budget indudesprojectsto be funded through the PublicS;hool Building Capital Fund, North Carolina Education Lottery. Applicationsfor the following projectsare presented for consideration: 1. $585,000 — Laney High S�hool Cooling Tower Peplacement 2. $1,213,900 — Sea -Tech Fhase III Penovations 3. $86,100— Minnie EvansArtsCenter Misc. Sjstem Peplacements 4. $ 315,000 — Carolina Beach Finad Complex Chiller Peplacement Total Project Applications. $2,200,000 These applications will be submitted to the NC Department of Public Instruction and once approved, a budget amendment will be submitted to the Board of Education and the Board of County Commissioners for approval. Adoption of Resolution Approving the Award of Bids for the Construction of Echo Farms Park Improvements to Integrity Builders, LUCand Budget Amendment 20-008 — Parksand Gardens The Commissionersadopted budget amendment 20-008 and a resolution awarding a construction contract for Echo Farms Park renovations to Integrity Builders, LLCin the amount of $2,450,243. The project is$271,506 over budget. Budget Amendment 20- 008movesthesefundsfrom another exi sting park capital project, Northern Pegional Park Trail, in order to complete the Echo Farms Project Fhases 1 -3 in their entirety. This project isjointly funded by New Hanover County and the City of Wilmington and i ncludes renovationsto the existing shimming pool, demolition of the existing buildingson site, the construction of a shared tennisand pool restroom facility, a. 7 mile walking trail, and associated infrastructure. The Oty of Wilmington will fund 40 percent of the project, less the walking trail. New Hanover County will fund 60 percent of the project and 100 percent of the walking trail. Copies of the resolution and budget amendment 20-008 are hereby incorporated as part of the minutes and are contained in Exhibit Book XU, Page 34.6. Adoption of a Resolution to Award a Contract to Bayada Home Health Care, Inc. to Provide In -Home Aide Services for the County's Senior Resource Center — Senior Ftesouroe Center The Commissioners adopted a resolution to award a contract to Bayada Home Health Care, Inc. to provide Home and Community Care Bock Grant (HCCSG) In -Home Aide services for the County's Senior Resource Center (9FP. The initial term of the contract is from October 1, 2019 through ,lane 30, 2020 in the amount of $160,003. Bayada will be responsible for the required HCCSG match. This contract is contingent upon receipt of federal funding; reduction or withdrawal of funding shall constitute grounds of the agency to forthwith terminate all or a portion of the contract. The parties may by written agreement renew this contract for four (4) additional one (1) NEWHANOVER COUNTY BOARD OFCOMMISSIONERS BOOK34 R GULARMEEF!ING, SH- MBER16, 2019 PAGE357 year periodson the fiscal year schedule upon the same termsand conditionsasset forth herein except that to adjust for inflationary factor, price per unit of service charged will be negotiated to determine a guaranteed fixed price per unit of service. Any rate adjustmentsestablished will be effective J ily 1" of each renewal year and the increase shall not exceed the Consumer Price Index (CR) inflation percentage. Acopy of the resolution is hereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.7. Approval of July 2019 Tax Collection Reports— Tax Department The Commissionersaccepted the Tax Collection Peportsof New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service asof J ily 2019. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XU, Page 34.8. Adoption of Budget Amendments— Budget The Commissioners approved the following budget amendments which amend the annual budget ordinance for the fiscal year ending J ine 30, 2020: • Fire Services20 -004 • Sheriffs Office 20-009 • Sheriff s Office 20 -010 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XU, Page 34.9. R83IJLARITEMSOF BUSINESS PtJBUC HEARING AND APPROVAL TO SUBMIT A JOINT APPUC MON WITH THE aTY OF WILMINGTON TO THE EDWARD BYRNEMEMORIALJiJS TICE ASSISTANCE GRANT (JAG) PROGRAM FOR 2019 FUNDING FROM THE U.S. DEPARTMENTOFJUSIICE Chairman Barfield announced that the AG program provides states and local governmentswith funding necessary to support law enforcement, prosecution prevention and education programs, community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation and technology improvement programs He opened the public hearing and reported no one signed up to speak in favor or in opposition to the matter and invited Chief Deputy Ken Sarvis, with the New Hanover County Sheriff's Office, to make his presentation. Chief Deputy Ken Sarvis stated that this a grant that the New Hanover County Sheriff's Office applies for each year with the City of V\Almington. It is a joint allocation in order to receive the grant in the total amount of $83,766; $41,883 each agency. The New Hanover County portion of the funding would be used to purchase equipment for the New Hanover County Sheriff's Office in the form of an Explosive Ordinance Device Unit, including a Detective diagnostic kit, two x -ray plates and one explosive ordinance device bomb suit with helmet and face shield. Chairman Barfield thanked Chief Deputy Sarvisfor hiscomments. Hearing no further discussion, Chairman Barfield closed the public hearing and requested direction from the Board. Motion: Commissioner Zapple MOVED, SE00NDED by Commissioner Kusek, to authorize the Sheriffs Office to submit a joint application with the City of V\flmington to the Edward Byrne Memorial J istice Assistance Grant, and authorize the County Manager to execute the required County /Cty Memorandum of Understanding asrequired by the grant application. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield directed staff to execute a Memorandum of Understanding between New Hanover County and the City of V\flmington. Acopy of the Memorandum of Understanding isavailable in the legal department. APPROVAL OF NEW HANOVER COUNTY AIRPORT AUTHORITY'S REQUEST FOR LAW ENFORCEMENT SERVICES AND ADOPTION OF BUDGETAM ENDM ENT20 -011 Chief Deputy Sarvis stated that the New Hanover County Sheriff's Office (NHCSO) hasagreed to, If approved by the Board, to provide security aspects, safety and law enforcement services at the VUlmington International Airport (Airport) in the form of nine deputies. The request came from the New Hanover County Airport Authority. In response to Board questions, Chief Deputy Sarvis stated that he thinksthe gain for the Airport ishaving accessto the total infrastructure of the NHCSO and more resources available to it. Currently, there isa challenge of having enough personnel on a day to day basispresent at the Airport. Sheriff McMahon and he have committed to having a consistent law enforcement presence. NEWHANOVEROO1NTYBOAFUOFODMMISSONE S BOOK34 REGl1LARMEEFFING, SH- MBER16, 2019 PAGE358 In response to additional Board questions, Chief Deputy Servisstated the NHC9O provides itsdeputieswith vehideswhich is beneficial to the Airport fora vehicle to be present. It will act asa deterrent when the deputiesare on foot patrol and is good for people to see when they go to the Airport. The plan is to take the vehicle that was already at the Airport and strip it to make it look like an NHC93vehide and retain some of the NHCSDvehides that were going to be put out of service for an additional year. There will be future discussions about acquiring more vehidesfor the airport. Maintenance will be paid through the NHC93and County garage because the vehidesare NHCSDvehides. He reiterated that thevehidesbeing used are onesthat were goingto being put out of service. Chairman Barfield thanked Chief Deputy Servisfor hiscomments. Hearing no further discussion, Chairman Barfield requested direction from the Board. Motion: /ice- Chairwoman Oson- Boseman MOVED, SECONDED by Commissioner Kusek, to approve the request for nine (9) deputy positions to provide law enforcement at the Wilmington International Airport and adopted budget amendment 20 -011. Upon vote, the MOTION CAFRED UNANIMCNUSEY. Acopy of the budget amendment ishereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.10. ADOPTION OF 113ROSTATECANC82AWARENESSMONTH PFUCLAMATION Chairman Barfield announced that the Wilmington Prostate Cancer Sipport Croup (VVPC9G) hasrequested the Board declare September 2019 as Prostate Cancer Awareness Month. Commissioner Zapple read the proclamation into the record. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Zapple to adopt the prodamation declaring September 2019 as Prostate Cancer Awareness Month in New Hanover County. Upon vote, the MOTION CARRED UNANI M CNUSEY. Chairman Barfield presented the proclamation to WPC9G Director Carl Byrd to and invited him to make remarks Peverend Carl A. Byrd, Sr., WPCSG Board Director, expressed appreciation to the Board for its support by recognizing September 2019 as Prostate Cancer Awareness Month. The WPCSG's parent organization, Us TOO International, isa supporter of the research and funding for prostate cancer. Chairman Barfield expressed appreciation to the VV ICSGfor itswork to bring awarenessto the community on thlslssue. Hlsfather and uncle are prostate cancer survivors. It's important to encourage all men to get an annual check. Acopy of the proclamation is hereby incorporated as part of the minutes and iscontained in Exhibit Book XU, Page 34.11. III c Ca110PG1211: *c1IjINP to] aIZ11- ZIiCO>E = IIINZI ;rJ /: III ZCOPA= :1:;*0[if Zfilm A1- CWil110- Z11 =:1 County Manager Cbudriet stated for the record the reason New Hanover Pegional Medical Canter (NHWC) President and CEO,bhn Gizdic and he are presenting the Pesolution of Intent isthat the New Hanover County Board of Commissioners providesthe oversight for NHF;MCby appointing membersto the NHF;MCBoard of Trusteesand the Board, meaning the County Commissioners, isultimately responsible for ensuring NHFUCfulfills its mission to serve area residentsbased upon healthcare industry information and input from healthcare leaders It's important to ensure the community has long -term access to high - quality healthcare services and providers they need and deserve. VVith a rapidly changing and challenging healthcare environment, it'sessential to look at the current NHR\A C model to determine if it should remain stand alone or change moving forward. 3noe making this public on Jily 23, 2019, the community input received from citizens has emphasized the importance of this being thoughtful, open, and slower paced. Cltizensneed to trust and understand thisprocess, and if the Board of Cbmmissionersdecidesto move forward, staff's recommendation is that the Board proceed in a very deliberate, fact -based manner that complieswith the state statute and ensures additional, valuable community input. That iswhy Mr. Gzdicand he are here, together, to ask the Board to consider whether or not there is model of governance. It could be ownership or other forms of partnership that ensure the long -term healthcare success and vibrancy in our community. He expressed appreciation to the Board for allowing him to read directly from the narrative that waspart of the agenda as he wanted to put a fine point on why Mr. Gzdic and he are here together as administrators for the respective organizations that they serve. He then asked Mr. Gzdicto present the first portion of the information. NHFWI C President/ CEOjohn Gzdicpresented the following information about NHF;MC About NHR\AC • NHFWI C has served as county -owned health system for 50+ years • Leading provider of healthcare for region (seven county region - including NHC) • Largest county -owned hospital system in USto receive no local tax support • Clinically, financially and operationally strong today; recognized nationally for quality and great place to work (culture) NEWHANOVER COUNTY BOAFmOFODMMISSONE S BOOK34 F2EGULARMEEFING, SH- MBB216, 2019 PAGE359 Preparing for the future: • Opportunity and goals. Improve overall health of community through better access, value and health equity; grow servicesand facilitiesto meet increasingdemandsof our growing community; and to ensure NH UCstaff and providershave the resourcesneeded to accomplish these goals • Challenge: Changing industry and declining reimbursements • Time isright to consider options Mr. Gzdicconduded hispresentation stating that given the significant transformation and ambitiousfuture desire for our health system and community and NHRMC's current position of strength, it is believed now is the right time to proactively consider all options, not only to preserve the great health system in the NHR\AC, but to secure the future of healthcare for the entire region. County Manager Coudriet presented the following information on the processbeing recommended to the Board: Exploring for the future: • Partnership Advisory Group (PAG): Establishing a PAGaspart of the processto develop priorities for the Fequest for Proposal (RT) that would go forward. In addition to the PAGestablishing the priorities, it would evaluate every proposal received and ultimately would be the advisory group, along with the County Manager and NHFUC: President and CEO as members, to provide a recommendation of next stepsto the Board and the NHFUCBoard of Trustees. The group would be comprised of county, hospital, physidan, nonprofit, and community leaders. It would be reflective of the community's diverse individuals and interests. The group should meet at least twice before the RFPgoesout and numerous times afterwards to conduct extensive due diligence and research in order to bring forward a recommendation to the Board of County Commissioners. The meetingswould be publicand consistent with open meeting laws. • Community Input: This hasformed the recommendation being put forth by the County Manager and NHFUCPresident and CEO. Over the past 55 days, two very well attended community forums have been conducted and were streamed live on Faoebook. The County Manager and NHF;MC President and CEO have also attended several meetings throughout the community and another large community forum to provide information and answer questions. • Faequestsfor Proposals If the Board adoptsthe resolution presented, it isrecommended that the Board hold no less than three public hearings in the format of one to discuss the RFP priorities, one to discuss all proposals received prior to an extensive evaluation and one to discuss in the long -term future a final contract if the Board were to direct proceeding that far. The proposalsand final contract will be made available to the public, without edit by anyone on the New Hanover County team. Staff would also be intentional about attending and speaking at community meetings to share information received throughout the entire process The County Manager, NHF;MC President and CEO, and PAG members will make themselves available at every step. As for the Fes, if the Board allows this matter to go that far, there would be negotiations ultimately on the contents of what is in the proposal over an extended period of time. Any directive given by the Board would be with guidance of the PAGand any lawyersthat are necessary along the way. • Collet Data/ Due Uligence/ Feesearch: Asit relatesto collecting data, performing the due diligence and doing the research, the County Manager and NHWCPresident and CEO have done research and performed due diligence, but more needs to be done along the way. This processwould be more than a RFP and collecting data through the proposals that are received. It would involve extensive research and research into other partnership models in evaluation of every option for NHFUCto remain county owned, which needsto be part of all the analysis The resolution does not direct or confirm a sale of NHF;MC It isa starting point for the group to begin collecting all of the data that the group would need, aswell asthe Board, to determine the best path forward for healthcare in this community. Processand next steps If the Board directsthat thismatter movesforward: • September: The balance of September would be used to identify membersof the PAGand ask them of their willingness and interest to partidpate as member of the PAG This will be an extensive commitment of time from the beginning. • October: Public Hearing (proposed date of October 15): The statute doesrequire, if the Board proceedstoday, that the County Commissioners hold a public hearing on the matter after the vote. It isrecommended that the hearing be designed asa way to inform from the community what isimportant to it asthe PAGdevelopsthe RFP. • RFP issued and out for no Iessthan 60 days Once the work of the PAG group isdone, which will not be done in a short compressed timeline, the RFPwould be issued. It would be out for no less than 60 days There needs to be plenty of opportunity for any proposer to evaluate the request and submit concepts in keeping with high quality, top line access to healthcare going forward. • FfT'sdue and shared publicly: Every RFPreceived will be share publidy for the community to evaluate. • Public Hearing on Fes: There will be a hearing, not Iessthan one, on the RFPreceived. NEWHANOVER COUNTY BOAFUOFCIOMMISSONE S FZEGUTARME TING, SH- MBB216, 2019 BOOK34 PAGE 360 • Due diligence, Commissioners vote, possible negotiations and regulatory approvals: If the Board finds something promising in an FYP based on the PAG and directs staff to move forward, any final contract would have to first be made available to the public and a public hearingwould have to be held before County Commissionerswould ever be in the position to execute an actual agreement. There are also regulatory approvals that would be necessary going forward. • Pecommendations. • Approve "Resolution of Intent to Sell" in order to allow the hospital and county to begin exploring possible options, conduct research, and establish a Partnership Advisory Group • Schedule public hearing, Cictober 15, 2019 is the recommended date, to discuss and receive input on RFPprioritieswith the community In response to Board questions, County Manager Cbudriet stated that the PAGwould be advisory only to the County Commissioners The Board could accept, modify, or reject any recommendation that comes from the PAC, There isnothing binding on the Board by the PAC, Motion: Commissioner Kusek MOVED, 9330ND® by /ice- Chairwoman Clson- Boseman to adopt the Resolution of Intent to Sell New Hanover Fegional Medical Canter. Chairman Barfield stated he would open the floor for discussion by the Board. Commissioner Zapple thanked County Manager Coudriet and Mr. Gzdic for their presentations He is opposed to the Resolution of Intent to Sell NHF;MC He has spoken to hundreds of citizens across this county and the vast majority of them share hisconcernsthat thisprocessisbeing rushed unnecessarily, that it isnot transparent, and that important stakeholdersin thisdecision are being ignored. He isopposed to the resolution because there has been a lack of transparency in the process. Despite assurances that this isjust about information gathering, a consulting firm representing the hospital hasalready been in touch with a number of large healthcare systems. Vbhat are the resultsof those conversations and why hasn't that information, or even a summary of that information been made public? If this process was simply about gathering information, the hospital would release a request for information (W), not an RFP. W's are contractually binding quotes including contractually binding legal and financial information that are a legal first step towards contract. Thiscould be interpreted asthe sale of the hospital is further along than they are willing to admit. The only thing that is gained by signing this Resolution of Intent to Sell isthe authority to get contractually binding numbersand to sell the hospital. All of the information gathering, 'asking the questionsi, 'exploring the options, can and should be done now before giving the authority to sell the hospital. The voices of the medical community, hundreds of doctors, nurses and medical professionals have been excluded from the conversation. They are the people on the frontline on our healthcare, whose livelihoodswill be directly affected by thisdecision. The medical staff of the hospital hasrequested a 90 -day delay in taking thisvote in order to educate both physiciansand the community. They believe stakeholder conoernsshould come before an RFP, not after it, and he agrees A separate sub- committee of physicians has requested a 12 -month delay on any action for the same reasons But agreements preventing them from discussing the sale, non - disclosure agreements, have been issued to a number of that committee. That is not only a failure of transparency, it begs the question: What doesthe hospital not want usto know or discuss?'Who ownswhat'? It isunclear who ownsall of the hospital's property and facilities. The County saysit ownsthe hospital, but real estate deedsshow that NHF;MC, a non - profit 501(c)3 entity, owns the entire 17th Street campus of the hospital. Can the county sell what it doesn't technically own? What happensto the prooeedsfrom a sale by anon-profit like NHF;MC? State law may require the proceeds be held in a "health trust" and state law may also require distribution of the profitsto the seven countiesthe hospital serves, not just to New Hanover County. Thiswill not be the windfall for the County that some are imagining. The process is moving out of order, taking the wrong steps first. Fbther than hiring consultants to help organize the sale, the hospital and the county would be better served letting the hospital Board of Trustees, who have the responsibility and the authority, to gather as much information as necessary and explore long and short term strategies But the Trustees did not even vote on this matter until a month after it was announced. Let them do their work first before coming to the Commissioners Flashing thisresolution could very well lock the hospital into the wrong approach. Instead of rushing to sell, the hospital could interview investment bankswith medical expertise and, with their help, review strategic optionst hat would provide necessary capital without losing local control. And if a sale ultimately becomesthe best choice, an experienced bank could maximize benefitsfor the medical center and all employees There is little attention being paid to the critical issue of local control. Undercurrent ownership and management, the medical center has reserves of over $650 million and is on track to earn $90 million in operating surplus this year. The medical center has 78% share of the seven county region it serves, and based on population growth the hospital's market share will only increase. Keeping local control means the focus of the hospital will be on meeting the needsof our community, not on the bottom line of a distant corporation. In every other reported sale or large merger of hospitals across the nation, the end result isalwaysthe same with increased coststo the consumer and a decrease in the quality of healthcare. Commissioner Zapple concluded his comments stating that this process lacks transparency, ignores the critical input of the medical community, and risks losing local control of an enormously valuable asset. We'll never get to the right answer unlesswe take our time and askthe right questions Asof now, thisprocessand thisproposal failson both counts He proposed an amendment to the resolution to include a minimum twelve -month period from the date of passage of the resolution a vote on the disposition of the NHF;MC by the Board of Commissioners as follows. NEWHANOVER COUNTY BOAFUOFOOMMISSONE S BOOK34 F2EGUTARMEEFFING, SH- MBB216, 2019 PAGE 361 Substitute Motion: Cbmmissioner Zapple MOVEDto adopt the resolution with an amendment to the sixth paragraph that begins Now, 'Therefore, Be It Pesolved, that the Board of Commissioners hereby declares its intent to sell NHF;MCs facilities and assets, or to enter into any other affiliation arrangement consistent with NHF;MCs lawful purpose, if and only if the Board of Commi ssi oners deems such arrangement to be appropriate in itssole discretion after receipt and review of proposals from potential acquiring systems, and consideration of community input at public hearingsin this matter, with a minimum twelve month period from the date of the passage of thisresolution before any final vote bV the Oounty Commissioners on the disposition of NHF7MC. Any such arrangement would only be approved if the Board of Commissioners deems it to be in the best interestsof the community, compliant with the requirementsof North Carolina law, and both supportive and promotive of NHFMCsmission. Chairman Barfield stated he would second the substitute motion. Chairman Barfield stated that he hasbeen deliberate in being quiet and watching the process. Abook he is reading says"... be quick to listen and slow to speak, in a multitude of counselorsthere iswisdom and asyou gather the elders and listen ", you gain a great bit from that. He purposely listens to different points of view on this conversation and hisexperience isvast in the things he has been involved in. He served on the NHF;MC Board of Trustees (BCM for four years. He attended governance institute sessions to learn about trends in the hospital industry and how to best protect assets of local hospitalswhether they are public or private and other seminars to understand the complexity of that organization. Pecognizing the BOTmembers serve three year terms, it isnot until the end of the second term a member hasa grasp of how deep the organization isand how much a member needs to understand before making a decision. A member is six years in before having a full grasp of the hospital complexities. In his 11 yearson the Board of C)mmissioners, the Board has never been in a conversation with the hospital about selling it. He was the only Commissioner on the Board in 2011 when there was discussion about a management agreement and he was serving on the BOT at that time. The management agreement would have simply had bck Barto and his management team work for CH$ which is now Atrium. That company would have managed the operation of the hospital and the hospital would have tapped into a greater knowledge base with that larger organization, but also would have gotten what he calls the "Walmart effect" in its purchasing power. They would have been able to purchase goodswith extreme savings. That wasone of the thingsthat would have helped drive and save costsat the hospital. It isamazing that the Board of Commissionersat the time said "Jonathan, if we do this it will lead to us selling the hospital. We do not want to sell the hospital." It wasa 4 -1 vote and he wasthe one voting for the management agreement. He felt it would lead to something for the hospital but would give the hospital the leverage it needed, butfour other Commissioners said "We do not wantto sell the hospital." And neither did he. It iscool having a father who also served on the Board of Commissioners back in the 80s. The same book he read also said "...there is nothing new under the sun." Things have away of coming bade like bell bottom jeans He believesback in 1986 the Board of Commissionershad the same conversation and at that time hisfather, he believes, stood on the right side of history when he voted no along with his fellow commissioners. For him it was really cool to see what he callsthe "old head5', Commissioners Gottovi, Retchin, and O'Shields attending the first community forum who served with hisfather. They had the same opportunity to have the same conversation and came up with the same conclusion aswell. He received an email from Hannah Dawson Cage, who used to chair the UNC Board of Governors, that stated she "...would suggest the County Commissioners be armed with the data that shows dearly what happensin all kindsof county hospital sales That data isvast and accessible. During my time on the UNCBoard of Governors, which overseesUNCHealthcare, we had ample opportunity to be exposed to the changing landscape of healthcare. UNCHealthcare purchased medical practicesand hospitalsand, asyou know, came to a dose merger last year with Carolinas Medical in Charlotte. Each time we approached the purchase or merger, one fundamental question wasasked: Rease show usan example when the sale of a hospital to the publicor a private entity resulted in Improved costsand quality. We never got an answer because there wasn't one example in the United States over the last decade when costsand quality improved. Not one. We asked McNnsey, Cain Brothers, insurance companies and many other health care expertsfor the data. The data was dear. Every time there isa merger or sale, the cost of the care of the merged or acquired entity materially increases 100 %of the time. Additionally, there isno evidence to the qualitiesof care materially improved commensurate with the prices. To the contrary, there isample evidence that the availability of services typically shrinksand frequently quality goesdown at the county hospital for certain typesof care. Also, the role of the county hospital changesto indude being a funnel for specialist referrals upstream to the larger entity, especially if that larger entity isan academic medical center. So, pricesgo up and the margin typically goesto the top and is neither equitably spread acrossthe domain nor reinvested in the source from which the increased margin comes, which is the county hospital." Chairman Barfield stated that Ms. Cage goeson to say there have been a number of studiesdone and again, it pointsout that there really hasbeen no positive benefit to the entity that is being sold. He holds Ms. Cage in high esteem as having chaired the UNC Board of Governorsfor several years She isa sought after leader in the community, region, and state. Chairman Barfield continued, stating that listening to the public, to the people, at the first forum he stated "Let the people speak." All he wanted to do was hear the people speak whether they were for or against, he did not care, hejust wanted to hear what the public had to say. Not trying to shape the conversation, but lettingfolksdearly state what'son their mind. That'swhat they do at the ballot box and what isdone around hisdinner table - speak freely about what'son our minds What he hasheard resounding in thiscommunity isthisisnot the time to move forward with this initiative, much like he heard in 2008 when he ran the first time when Titan Cement was the conversation of the day. Otizens across the region banded together because they did not want a cement plant in their community. The community came together to lend their voice to shape what they desired their community to look like, much like the tree ordinance the Board will hear tonight due to hundredsof a -mails saying, "please, don't cut the trees" It'samazing when citizensget involved and people really listen how thingscan progress. That is part NEWHANOVER COUNTY BOAFUOFCOIMMISSONE S BOOK34 FZEGUTARMEEFTING, SH- MBB216, 2019 PAGE 362 of the process The Board has public hearings all the time and to him, it's their job to be quick to listen and slow to speak. Chairman Barfield concluded his comments stating that his last point is that prior to this coming up, we were in the process of giving the hospital the ability to do some of the thingsthey wanted to do. Aprogram called Systemco, which wasin place, would fundamentally change the lease the County haswith the hospital to give it the ability to borrow money outside of the county to build. The current lease prohibitsthem from building, borrowing money, or financing to build outside of the county. So to prohibit another entity from coming in and taking the low hanging fruit, we had this document prepared giving the hospital that ability. It is in his inbox on his desk and somehow that document got pushed to the side. He believes the County needs to revisit Systemco, shuttle and scuttle thisresolution, and allow the hospital to have those oonversationsoutside of thisRFP. Being a realtor for the last 22 years, if he wasworking with dientswanting to test the market and waste histime by putting their home on the market to see if they could get a certain price, he would be a bit upset with them. But in most cases, if someone tests the market to see if in a hot market they can get that number and if they got it, he is pretty sure they would take it. So then what doesthat leave us? With that being said, he isnot able to support a resolution to move forward. Commissioner Kusek stated the Board of Commissioners has a fiduciary responsibility to the taxpayers of this County. The Board is responsible for evaluating all County matters, not just kicking the can down the road. Perhaps some of you were here 20 years ago when previous county commissions did not do anything about stormwater management in thisO)unty. Asa result of last year and thisyear, there hasbeen flooding in lotsof areas of this County. Maybe that would not be the case if thought had been given then about evaluating a stormwater management plan. She doesnot want to see the hospital underwater either. Healthcare isimportant to everyone. It isnot political. Disease and medical disastersdon't care if you're a Democrat, Pepublican, or Independent. She is a proponent of studying all of the options. She has not made the decision whether this hospital should be sold or not. She does not have enough information to make that decision. How could any reasonable person not want to investigate, research, and evaluate the expert information that gives the ability to make informed decisions? She thinks that is the job they were elected to do as County Commissioners For her, doing nothing and selling the hospital are the bookendshere. There are a lot of volumesin between of other optionsthat may be better for the citizensof New Hanover County. She absolutely supportsthe effort to seek out and evaluate the data so she can make an informed decision. It isnot responsible to do otherwise. It isthe responsibility of this Board to listen to the healthcare experts and hospital leaders in order to stay informed of trendsas they come along. The ultimate goal everyone one of ushasiswhat yoursis, to ensure that our community hasaccessto high quality healthcare, services, and providersthat they need and deserve. It isabout increasing the level of healthcare in our community, regardless of who owns that hospital. The conversation is happening now because the hospital's leadership has determined that now isthe time. If we do not learn now what other entitiesmight provide for our community, then we might wish we had done so in five to ten yearsdown the road when healthcare looksmuch different than it doestoday. And when that happens, because it will, that burden is going to fall on the county taxpayers, the owners of the hospital. Maybe residents are fine with paying higher taxes to subsidize the hospital, but not as a County Commissioner can shejust allow that to happen without looking to see what the other optionsare. It isirresponsible to do nothing. We have to be proactive to make sure healthcare remains strong in New Hanover County and we have the opportunity to do that now. Nothing isbeing done behind dosed doors If we move forward tonight there will be public hearings required by state statutes All proposalswould be made public in detail. There are no secrets and behind the scenesdeals What isthe right destiny for the hospital? Isit a strategic partner, isit a management agreement, do we turn the hospital into an authority and let it buy itself back from the county over a period of time. Again, we do not know the answersbut she looksforward to exploringwhat those studiesmight bring. In August of thisyear there wasan opinion piece in the Wilmington StarNewsby her fellow Commissioner, Fbb Zapple, and he wrote "twice before the Commissioners have performed their proper function independently evaluating the healthcare meritsof a sale on behalf of the ownersof the hospital, the residentsof New Hanover County." That is what we intend to do right now and that iswhy she supportsthe Pesolution of Intent to Sell. Hearing no further comments, Chairman Barfield asked for a vote on the substitute motion on the floor. Substitute Motion: Commissioner Zapple MOVED, 3330NDED by Chairman Barfield to adopt the resolution with an amendment to the sixth paragraph that begins Now, Therefore, Be It Pesolved, that the Board of Commissioners hereby declares its intent to sell NHF;MCs facilities and assets, or to enter into any other affiliation arrangement consistent with NHFdvlCslawful purpose, if and only if the Board of Commissioners deems such arrangement to be appropriate in its sole discretion after receipt and review of proposals from potential acquiring systems, and consideration of community input at public hearingsin thismatter, with a minimum twelve month period from the date of the passage of this resolution before any final vote by the County Commissioners on the disposition of NHFnMC Any such arrangement would only be approved if the Board of Commissioners deems it to be in the best interests of the community, compliant with the requirements of North Carolina law, and both supportive and promotive of NHF;MCs mission. Upon vote, the SUBSTITUTE MOTION FAILED 2 to 3. Vice- Chairwoman Olson - Boseman, Commissioners Kusek and White dissenting. Chairman Barfield asked for a vote on the original motion on the floor on the Pesolution of Intent to Sell New Hanover Pegional Medical Canter. The original motion was made by Commissioner Kusek and seconded by Vice- Chairwoman Olson - Boseman. Commissioner White stated that before the vote was taken he had three areas of things he would like to discuss The first isa bit of history of the hospital. If the dtizens had had their way initially, we wouldn't be talking NEW HANOVER COUNTY BOARD OF OOMMISSIONERS BOOK34 R GILIIAR M STING, SH- MBER 16, 2019 PAGE 363 about this right now. They are adamantly opposed to the hospital and did not want it. They did not want the integration that it brought. They defeated it. It took four and a half or five years for it actually come to fruition on November 7, 1961 when it was approved. If you go back to look at the minutes, there is one person that night that spoke in favor of creating this hospital. Multiple people came and in a very precise and loud way made their wishes known that they did not want it. About 20 years ago, he was on the hospital board and was a 29- year -old young attorney that had been practicing about five years, growing his practice. He did not have children at the time, but about ready to grow his family. Being a successful business person was important to him. He tried to do the right thing and serving hiscommunity was important. He wason the hospital board. An important issue came up before the board that it should acquire a helicopter service to have better response timesfor trauma care, and also to allow for nonemergency transport revenue. He doesnot know how many in the audience was here then. Without asking for a show of hands, he would suggest half were and half were not, but he doesnot know. If any of them were, some may have called him and fellow board members. Some may have shouted and screamed, if you lived at the country club about "...your businesswill never grow Mr. White if you vote to support this How dare you get on there and support a helicopter?' He is sure they said that to every other board member. For a 29- year -old young attorney trying to build hisbusinessand support hisfamily, it terrified him to have someone, a number of people, at a certain part of town that didn't want a helicopter because it would fly over the golf course saying thisto him. Other people, physiciansprimarily, did not want it because they felt like it would intrude on their revenue stream. It wasawful and other members of the board felt the same way. Thankfully, it passed. There is not a serious person here tonight or in this community, phyddans included, that would suggest that we should not have had a helicopter transport service 20 yearsago. Not onlyfor revenue sources, but more importantlyfor lifesaving issues. The point of that story is that sometimes you have to take a stand and vote the way you feel you need to vote even though it is not fun. That leadshim to the second point. Having served in thisoffice seven yearsor more, he knowshow to get reelected. It isto make people happy, to take no stand on anything, to take the easy road and hearing folks that are opposed to thisto say, "Oh gosh, I might lose a lot of votes" In fact, the Board had some lady come down here that isrunning for the state legislature, perhapsshe ishere tonight. She stood in front of the Board and suggested, threatened the Board in fact, "You better think about your political future because if you vote for this, you will lose." Maybe she's right. If she islucky enough to serve in the state legislature in Raleigh one day, he wondersif that ishow she isgoing to consider all of the votes she is going to be asked to make. First based on whether or not she is going to get reelected. So the suggestion asto whether or not he supports this resolution if it supportswhether he isgoing to run again for thisor any other office, he could not care lessabout that. Histhird and final comment wasthat he has two parentsin the county that are elderly, awife, two children, and office staff. He is50 yearsold himself and issure he'll have to go to the hospital again in the future ashe hashad to in the past. He hasreceived tremendouscare and both of hischildren were born there. If he isgoing to be convinced to do anything other than change the statusquo, it will have to be based upon evidence that he sees that will convince him that the quality of this hospital for the next generation will improve, that accesswill improve, that affordability will improve. Otherwise, he is not going to vote to support it for his own reasons, own family, own children, own office staff, his own mom and dad. So the conspiraciesthat the deal isdone and the signs people are holding up tonight about how there isa nefariousintent or even the completely false allegation from some people that the deal isin, that there have been thingsdone behind the ssenesisan outrage and insulting to him. If there isevidence to that, he suggeststheir fellow commissioner and state senator, who today recklessly filed a complaint, should come forward and present any evidence of any backroom deals, conversations, emails, text messages, clandestine meetings, which is word that has been used, bring it forward. Show it to the police or SBI, he wantsto see it because it hasnot happened. The Commissionersare doing their job and the citizensare a part of it. These decisionsare difficult and all are very emotional about them, himself included. Commissioner White concluded hiscomments stating that he will vote for it in the future if he isconvinced his family will be better Cared for over the course of their lives, just like everyone's family. He will vote against it if he cannot be convinced of that. He called the question. Chairman Barfield stated that the Board would now consider the original motion: Motion: Commissioner Kusek MOVED, ECONDED by /ice- Chairwoman CH son- Boseman to adopt the Pesolution of Intent to Sell New Hanover Regional Medical Center. Upon vote, the MOTION PA= 3 to 2. Chairman Barfield and Commissioner Zapple dissenting. Chairman Barfield stated the vote is 3 to 2 to move forward with the consideration of Resolution of Intent to Sell New Hanover County Regional Medical Center. The next step for him in thisprocessisto learn all that he can. That should be everyone's job, to make sure everyone fully understandsthe impact of whatever decision is made. He islooking forward and ischarging Mr. Gzdic and County Manager Coudriet with thisenormous responsibility to help put the right people together and bring the right information so the Board can make an informed decision moving forward. Acopy of the resolution ishereby incorporated aspart of the minutesand iscontained in Exhibit Book XU, Page 34.12. PRESENTATION OF TREE PROT6::TION STANDARDSOVERAEW Ranning and Land Use Director Wayne Clark presented the following information regarding tree protection standards Tree Discussion — Overview: NEW HANOVEROOUNTYBOAIU OF 00IMMISSONERS FZEGl1LARMEEFnNG, SH- MBER16, 2019 BOOK34 PAGE 364 • IsiandslCar Wash Update: The original plan was to remove four large oak trees of 40- inches in diameter and one at 10- inches in diameter. The initial plan has been revised as the applicant in thiscase listened to the con cernsexpressed by the Cbmmissionersand dtizens. The revised plan will be presented to the Zoning Board of Adjustment for avariance request. The live oaks, with the exception of the 10 -inch oak in the bade, will be retained. It will be moved off the site onto another landscape island. There are a large number of trees on the boundary of the site, induding five or six oaks, which are all proposed to remain. Landscaping/ Tree Femoval CbdesO✓erview: • aearingworkdone without a permit: underbrush; small trees(Q -8 ") • Clearing with a permit (site plan /subdivision): • Accommodate essential site improvements. stormwater, utilities, access, parking, grading • Petain portion of site in natural state: buffersonly; percent of full site; mitigation by replanting (fee in lieu for what cannot be replanted) • Common post development requirements. • Buffers, parking Iotsand foundations • Trees per acre (15 in New Hanover Count /City of Wilmington) • Fbint system (size, diversity, quality and canopy) • Canopy coverage • Special regulations for larger trees (specimen, historic, heritage...): Variance; legislative approval Tree Femoval PegulationsCbmparison for Large Live Oaks: Note: Diameter at Breast Height (DBH) isapproximately four and a half feet above ground Unified Development Ordinance S;hedule: • Complete July 2019: New Zoning Districts • Underway (Fall /Winter 2019): Unified Ordinance, procedures (including EnerGov), definitions • Next Fhase(Winter /Spring 2020): • Targeted Area Improvements • Subdivisions roads, sidewalks, open space • Mixed Use Districts. FD, UMX, CDMU, MFMU, new • Transition Standards Buffersys uniform large setbacks • Environmental Standards Trees, landscaping, COD • Signs • Stormwater Short -term Action Option: Code Amendment: • Add staff flexibility to accommodate saving large trees. reduce street yards, landscape islands, foundation plantings or setbacks to retain significant and specimen trees (Existing Oty of Wilmington process) • Definition of Specimen Tree: any Live Oak 36- inches diameter at breast height (DBI) or greater: • Biameter at breast height (DB4 is approximately four and a half feet aboveground • Femoval of Specimen Trees. variance required to remove specimen trees (hardship, unique site conditions, etc.) • Exemptions Single family lots, utilities, easements, diseased/ damaged, safety, airports and agriculture • Mitigation fee: simplify and include installation costs ($200 per inch for what cannot be replanted on site) • Add penalty for removing a specimen tree without a permit: mitigation required and pay fine equalsdouble the mitigation fee • Fbssible timeline for the code amendment: • October: Ranning Board; November: Board of Commissioners In response to Board questions, Mr. aark stated that the age of a live oakcannot be determined specifically by the size because of the effectsof climate and other features that are involved. The estimated age of a live oak at a 36 -inch diameter by various horticulturists isa couple of hundred yearsold. Commissioner White stated that he asked for this matter to be on the agenda because of the community outcry over the carwash. He thinks it is understood by all balancing road building, building in general, and providing housing that trees have to be cut down to do that. What he is looking for in the ordinance, and the UDO, not in just dealing with the live oak issue but overall, is something that preserves and maintainsthe beauty of thiscommunity. New Hanover Wilmington Savannah Charleston Hilton Head County Special regulations Yes Yes for large live oak No No No 24inches +DBFi 3Sinches +CBH trees Who authorizes Staff Staff Staff Appeals Board Appeals Board large tree removal Allowancefor Accommodate Accommodate Fbint System: removal of large Essential Ste Essential Ste Canopy and Variance Variance trees Improvements Improvements Diversity Note: Diameter at Breast Height (DBH) isapproximately four and a half feet above ground Unified Development Ordinance S;hedule: • Complete July 2019: New Zoning Districts • Underway (Fall /Winter 2019): Unified Ordinance, procedures (including EnerGov), definitions • Next Fhase(Winter /Spring 2020): • Targeted Area Improvements • Subdivisions roads, sidewalks, open space • Mixed Use Districts. FD, UMX, CDMU, MFMU, new • Transition Standards Buffersys uniform large setbacks • Environmental Standards Trees, landscaping, COD • Signs • Stormwater Short -term Action Option: Code Amendment: • Add staff flexibility to accommodate saving large trees. reduce street yards, landscape islands, foundation plantings or setbacks to retain significant and specimen trees (Existing Oty of Wilmington process) • Definition of Specimen Tree: any Live Oak 36- inches diameter at breast height (DBI) or greater: • Biameter at breast height (DB4 is approximately four and a half feet aboveground • Femoval of Specimen Trees. variance required to remove specimen trees (hardship, unique site conditions, etc.) • Exemptions Single family lots, utilities, easements, diseased/ damaged, safety, airports and agriculture • Mitigation fee: simplify and include installation costs ($200 per inch for what cannot be replanted on site) • Add penalty for removing a specimen tree without a permit: mitigation required and pay fine equalsdouble the mitigation fee • Fbssible timeline for the code amendment: • October: Ranning Board; November: Board of Commissioners In response to Board questions, Mr. aark stated that the age of a live oakcannot be determined specifically by the size because of the effectsof climate and other features that are involved. The estimated age of a live oak at a 36 -inch diameter by various horticulturists isa couple of hundred yearsold. Commissioner White stated that he asked for this matter to be on the agenda because of the community outcry over the carwash. He thinks it is understood by all balancing road building, building in general, and providing housing that trees have to be cut down to do that. What he is looking for in the ordinance, and the UDO, not in just dealing with the live oak issue but overall, is something that preserves and maintainsthe beauty of thiscommunity. NEW HANOVER COUNTY BOARD OF COIMMISSONERS BOOK34 FZEGULARMEEFFING, SH- MBB216, 2019 PAGE 365 There isa need to look at more restrictions for live oaks as he is not certain adiameter of 36-i nches isgood enough. There are areas such as Lumina Station where only the bare minimum of treeswas cut down. In response to Board questions, Mr. gark stated that if a person has 36 -inch live oak on their property they want to mitigate, the fee would be the tree diameter multiplied by two then times that by the fee per inch. County Manager Obudriet stated the amount would be $14,400 if it is36- inches, doubled, timesthe fee per inch of $200.00. Mr. gark stated that mitigation isstill required regardlessof what istaken down. If a person cannot fit the tree into the exception, the person could budget to take the tree down and pay the mitigation. The first goal is to have tree(s) replanted on the site. The fee is paid only if tree(s) cannot be replanted. If an individual tree is taken down without a permit, the penalty is a zoning violation of $100.00. County Manager Cbudriet stated if it is the mitigation fee plusthe fine, it equatesout to $600.00 per inch timesdouble the size of the tree. Commissioner White stated that thisshould have been done a long time ago. He would like to see it come before thisboard in November and also thinks 36- inches is too big. He would like to see a lower number. Mr. gark stated that the mitigation proposal being presented tonight isto make it harder to cut down live oaks. Under the current code, anything 24- inches or above, hardwood or smaller for flowering trees, have to be mitigated now. For example, a subdivision in the Castle Hayne area hasa $200,000 mitigation payment off of what was removed from the site. Under thisproposal, it isa $400,000 payment. It does not mean the developersare not planting it back. Staff istrying to also addressthe feesfor smaller treessuch asdogwoodsand other speciesto make sure there isnot an unintended consequence from multiple treesin a mitigation area. In response to Board questions, Mr. Clark stated that he and his staff will move forward with the matter based on the Board's directive. The short term option would be to present it to the Ranning Board in October and then in November to this Board. What isadopted by the Board would be put into the code at that time. The other option isto handle it through the LIDO processover the next several months Motion: Commissioner Kusek MOVED, SECONDED by Commissioner White to direct that the Ranning Director put forth an amendment to the Zoning Ordinance that encompasses the short term measures as presented today and with the understanding this language representsa consensus among the stakeholders that were specifically asked to meet on thisissue and for the amendment to be placed on the Ranning Board'sagendaat itsearliest convenience for adoption. Thiswill enable the Ranning Board to expeditiously move this item forward which, in return, would allow the Commissioners to take action and quickly place some protective measures in the Zoning Ordinance to protect the trees In response to Board questions, Mr. Clark stated there are protections during construction for trees, drip linesto protect, and areasto protect so construction equipment, etc. doesnot bump into them and upright the roots and compact the soils Staff will look at that verbiage to make sure it is better worded through the LIDO. Currently, you cannot park or put materials up to the edge or pave around the edges of the trees now, which is the existing language to protect the drip lines As to increasing the fees and /or fines, Mr. gark has experience in former jobs working with regulationsthat if a tree dieswithin a year or two of construction, there are penaltiesthat are issued in those instances. It would be appropriate to look at this during the LIDO process and in the context of if it is appropriate for how the code currently reads Hearing no further discussion, Chairman Barfield called for a vote on the motion on floor. Upon vote, the M OTl ON CAI:R ED UNANIMOUSLY. COM M I TTEE APPOI N TM BUTS Appointment to the New Hanover County Adult Care Home Community Advisory Committee Chairman Barfield reported that up to nine vacancies exist on the New Hanover County Adult Care Home Community Advisory Committee with one application for consideration. Commissioner Zapple nominated L Thomas bnningsfor reappointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results The Board voted UNANIMOUStYto reappoint L Thomas Jennings to the New Hanover County Adult Care Home Community Advisory Committee to serve a three -year term with the term to expire September 30, 2022. Appointment to the New Hanover County Board of Examinersof Bectricians Chairman Barfield reported that one vacancy exists on the New Hanover County Board of Examiners of Bectricianswith one application available for consideration. Commissioner Kusek nominated R.assell Carlson for reappointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUStYto reappoint Fussell Carlson to the New Hanover County Board of Examinersof Bectriciansin the Independent Bectrical Contractor category to serve a two -year term with the term NEWHANOVER COUNTY BOARDOFCOMMISSONE S FZEGl1LARMEEFI`ING, SH- MBER16, 2019 to expire September 1, 2021. BOOK34 PAGE 366 Appointments to the New Hanover County/ City of Wilmington Community I�IaIationsAdvisory Committee Chairman Barfield reported that two vacancies exist on the New Hanover County /City of Wilmington Community Pelations Advisory Committee with one applicant eligible for reappointment and six applicationsfor consideration. Commissioner White nominated Scott Whisnat in the At -Large category. Commissioner Zapple nominated Scott Whisnat in the Education Community and Dr. Maurice K Locklear for reappointment in the At -Large category. Commissioner White nominated Lewis Stroud in the Education Community category. /ice- Chairwoman Olson- Boseman seconded the nomination. Hearing no further nominations, Chairman Barfield called for the votesasfollows Scott Whisnat received four votesfor appointment in the At -Large category from Chairman Barfield, Mce- Chairwoman Olson- Boseman, Commissioner Kusek, and Commissioner White. Dr. Maurice K Locklear received one vote for reappointment in the At -Large category from Commissioner Zapple. Lewis Stroud received four votes for appointment in the Education Community category from Chairman Barfield, Vice- Chairwoman Clson- Boseman, Commissioner Kusek, and Commissioner White. Vote Results: The Board voted in the majority to appoint Stott Whisnat in the At -Large category and Lewis Stroud in the Education Community category to the New Hanover County /Oty of Wilmington Community PelationsAdvisory Committee to serve three -year termswith the termsto expire September 30, 2022. Appointments to the New Hanover County Inspections Department Advisory Council Chairman Barfield reported that one vacancy exists on the New Hanover County Inspections Department Advisory Council with one application available for consideration. Chairman Barfield nominated William Loeber for appointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMCXJSLYto appoint William Loeber in the Bectrical Contractor category to the New Hanover County Inspections Department Advisory Council to serve a three -year term with the term to expire ,Lily 31, 2022. Appointments to the New Hanover County Juvenile Crime Prevention Council Chairman Barfield reported that four vacanciesexist on the New Hanover County Juvenile Crime Prevention Council with four applicants eligible for reappointment and four applicationsfor consideration. Chairman Barfield nominated Clifford D. Barnett, Sr. for reappointment in the Faith Community category. Commissioner White nominated bhn Dsmukesin the Business Community category, Eric Lytle in the At- Large category, and Wanda M. Marino in the At -Large category for reappointment. Commissioner Kusek seconded the nominations. Hearing no further nominations, Chairman Barfield called for a vote for the nominationson the floor. Vote Results The Board voted UNANIMCXJSLYto reappoint Clifford D. Barnett, Sr. in the Faith Community category, ,bhn Dsmukesin the Business Community category, Eric S Lytle in the At -Large category, and Wanda M. Marino in the At -Large category to the New Hanover County Juvenile Crime Prevention Council to serve two -year termswith the termsto expire September 30, 2021. Appointments to the New Hanover County Nursing Home Community Advisory Committee Chairman Barfield reported that up to four vacancies exist on the New Hanover County Nursing Home Community Advisory Committee with two applicants eligible for reappointment. Commissioner Zapple nominated Sandy Andrewsand bhn Coble for reappointment. Hearing no further nominations, Chairman Barfield called for a vote for the nominationson the floor. Vote Insults The Board voted UNANIMCXJSLYto reappoint Sandy Andrews and bhn Coble to the New Hanover County Nursing Home Community Advisory Committee to serve three -year terms with the terms to expire NEW HANOVE2 COUNTY BOARD OF CDMMISSONEZS FZEGULARMEEFFING, SH- MBE216, 2019 September 30, 2022. BOOK34 PAGE 367 Appointments to the New Hanover I�Iagional Medical Center Board of Trustees Chairman Barfield reported that up to four vacancies exist on the New Hanover Pegional Medical Center Board of Trusteeswith four appl icantsel igi ble for reappointment and eleven applicationsavailable for consideration. Vice- Chairwoman Olson - Boseman nominated Barbara Behner, Dana M. Cook, arome O Fennell, d., and ,ason Thompson for reappointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results The Board voted UNANIMCXJS_Yto reappoint Barbara Behner, Dana M. Cook, arome O Fennell, ,Y., and Jason Thompson to the New Hanover Pegional Medical Center Board of Trusteesto serve three -year termswith the termsto expire September 30, 2022. PUBUCCDMMENTON NON - AGENDA ITEMS Chairman Barfield reported that one person signed up to speak on non - agenda items and requested the speaker step forward. Blie Hein, resident of Old Elation F bad, stated that she wasspeaking not about her opposition to the sale of the hospital but about the Board's process of not allowing people to speak about items on the agenda, such as their opposition to the sale of the hospital. Chairman Barfield reiterated that thisportion of the agendawasfor non - agenda items. Ms Hein suggested the Board change theway it hasitsagenda to allow personsto express itsconcern with regard to the sale of the hospital, astheywere not given the opportunity. ADDITIONALAGENDA ITEMS OF BUSINESS Chairman Barfield thanked Emergency Management Director Steven Still for hisleadership, aswell asall of the County staff, on behalf of the Board, for setting up and manning the management of Hurricane Dorian. The citizens were appreciative of everyone's efforts during the storm. AD,IDURNMENT There being no further business, Chairman Barfield adjourned the meeting at 5:32 p.m. Pespectfully submitted, Kymberleigh O Crowell Clerk to the Board Rease note that the above minutes are not a verbatim record of the Haw Hanover Cbunty Board of Cbmmisssoners meeting. The entire proceedingsare available for review and checkout at all New Hanover CbuntyLibrariesand online at www.nhcgov.00m.