2021-01-28 Agenda Review
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
AGENDA REVIEW MEETING, JANUARY 28, 2021 PAGE 756
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review on Thursday, January 28, 2021
at 4:00 p.m. via in-person and virtually in the Harrell Conference Room at the New Hanover County Government
Center, 230 Government Center Drive, Wilmington, North Carolina.
Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.
(virtual); Commissioner Bill Rivenbark; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Kymberleigh G. Crowell.
Chair Olson-Boseman called the Agenda Review meeting to order and announced that the purpose of the
meeting is to review and discuss the agenda items for the February 1, 2021 Regular Meeting with discussions as
noted:
Consent Item 3. Approval to Apply for the North Carolina Department of Environmental Quality (NCDEQ)
2021 Community Waste Reduction and Recycling Grant Program. Commissioner Zapple stated the new Community
Waste Reduction and Recycling (CWRAR) program is a great program and a good way to save money, while allowing
the community to access free compost.
Regular Item 5. Status Brief: Covid-19 Vaccinations. Health and Human Services (HHS) Director Donna
Fayko provided a brief update on Covid-19 vaccinations. Since the beginning of the pandemic, the total positive
Covid-19 cases in the County are 13,138, and of that there have been a total of 122 deaths (74 males, 48 females),
of which 89% were over the age of 65. There are currently 1,855 active cases which is 9.5% of the County, and is a
decrease since the holiday surge has passed. 19,000 vaccine doses have been received to date. HHS has administered
13,552 doses and transferred about 7,800 to community partners including New Hanover Regional Medical Center
(NHRMC), Wilmington Health, MedNorth, and Cape Fear Clinic. Second doses are being administered this week, with
1,600 scheduled for today at four sites, which are HHS, the Senior Resource Center, Martin Luther King Community
Center, and Solomon Towers. Staff is tracking those who do not show up for an appointment at the end of each day
for the second dose and sending reminders to them. The state has offered new guidance that there is up to 42 days
allowed after the first dose to receive the second dose before dosing must start over. In response to Board questions,
Ms. Fayko stated the County is one of the best in the state to administer the doses as soon as the supply is received.
After 14 days of receiving the second dose, the vaccine is about 95% effective in immunizing against the virus, which
leaves a 5% chance of still contracting it. It is unknown how long the immunization will last as the clinical trials are
not clear. A brief discussion was held regarding continuing to wear masks and social distancing even after receiving
the vaccine. The state is trying to give counties a three-week advanced notice of when the next vaccine shipments
will be. The notice HHS received yesterday was that the County would receive 300 doses per week, but more
information will be coming by the end of the day regarding supplemental doses. The state is trying to ensure that
every county receives doses. Transfers are available between counties and partners if the doses are not used within
seven days. There is no vaccine approved for children under the age of 16 at this time, and there is new information
for pregnant women, which will be shared at the Board meeting.
Regular Item 7. Public Hearing on Rezoning Request (Z20-23) – Request by Hamilton Hicks, Jr. on Behalf
of the Property Owners, Dora Lee E. and David Earl Raines Heirs to Rezone Approximately 8.28 Acres of Land
Located East of Marjoram Way, Near the 900 Block of North Kerr Avenue from R-15, Residential District, to RMF-
L, Residential Multi-Family Low Density District. Discussion was held regarding the subject site, which is within a
portion of unincorporated land surrounded by the City of Wilmington (City). Planning and Land Use Interim Director
Rebekah Roth provided a brief overview of the site stating that there was a 2009 plan adopted by the City that
showed an extension across the subject site within the County’s jurisdiction, which was not learned about until the
Planning Board meeting. County staff has held discussions with the adjacent property owner, Mike Kozlosky of the
Wilmington Urban Area Metropolitan Planning Organization (WMPO), and City staff to determine the intent of the
extension and the legal requirements to make sure the extension happened. Further details will be presented at the
Board meeting. Ms. Roth explained that as this is a straight rezoning, the Board cannot place conditions on the
request. The adjacent property owner is trying to discuss a potential solution directly with the applicant, but it is not
yet known if that has been successful. If a private agreement was made to guarantee the extension, then it would
act the same way as a condition would. As to why the adjacent property owner waited to have these conversations,
Ms. Roth stated he commented at the Planning Board meeting that there was a delay in the mail due to the holidays,
so his receipt of the hearing information was delayed. It is not yet known if the applicant is willing to accept the
recommendations. Regarding the letter sent by Jennifer Scott from Shipman and Wright, Ms. Roth stated this would
be further addressed at the Board meeting. Because the plan for the connector street was a City plan and if County
staff were involved in the amendment in 2009 to show the extension, there is no record of it. It appears the
recommendations of that plan were shown in a map for the Market Street Corridor Study that this Board adopted
in 2011. It may be because of staff turnover that it is not referenced as part of the rezonings even for properties that
are adjacent to that corridor. Staff will research if any of the recommendations are still relevant moving forward. For
the traffic impact analysis (TIA) and after conversations with Mr. Kozlosky, the referenced TIA that was prepared in
2009 is no longer valid because of the time that has passed. Ms. Roth confirmed that a TIA is not needed for a straight
rezoning and that the applicant did not have to present a TIA as part of the request. Deputy County Attorney Sharon
Huffman stated she recommended to Ms. Roth that she provide a thorough summary of the plan at the Board
meeting. When the Gingerwood plan was adopted in 2009, it is Ms. Huffman’s understanding that the City was aware
this extension was going across County property. It may have been that after the 2009 adoption, the City thought it
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
AGENDA REVIEW MEETING, JANUARY 28, 2021 PAGE 757
would be able to annex the property and build the road. The law has changed since then and the City cannot annex
the property anymore to build the road. As such, the adjacent property owner is saying the County needs to make
the road happen, however, the County does not build roads and the City cannot annex to build the road. The
property owners do not have to build the road if they do not want to and they want to rezone it instead. There are
a lot of moving parts, but the County cannot place conditions on the request. In her opinion, the way the County’s
ordinance is written, it could not even condition construction of the road even if it were a conditional rezoning. What
needs to happen is the applicant, the adjacent property owner, WMPO, the City, and North Carolina Department of
Transportation (NCDOT) need to discuss how to build the road. She does not know if the City would agree to build
the road if they had the ability to do so. A brief discussion was held regarding the rules that the County must follow
for straight rezoning matters.
Additional Discussion Items. Commissioner Rivenbark stated he has received phone calls from citizens
regarding litter near I-40, Highway 421, and the battleship. County Manager Coudriet stated there is a litter
enforcement function within the Sheriff’s Office and Environmental Management Director Joe Suleyman has
information as well. Staff will provide an update at the Board meeting on this topic.
ADJOURNMENT
There being no further business, Chair Olson-Boseman adjourned the meeting at 4:33 p.m.
Respectfully submitted,
Kymberleigh G. Crowell
Clerk to the Board
Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.
The entire proceedings are available online at www.nhcgov.com.