Loading...
2022-06-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 474 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on June 20, 2022, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; 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 Senior Human Resources Analyst Bo Dean provided the invocation and Commissioner Rivenbark led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays 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 Special Meeting held on May 25, 2022, Agenda Review held on June 2, 2022, and Regular Meeting held on June 6, 2022. Adoption of a Resolution to Award Bids for Disaster Debris Removal Services (Pre-Position Contracts) – Environmental Management The Commissioners adopted a resolution awarding RFB 22-0529A to TFR Enterprises as primary contractor, and 22-0529B to Ceres Environmental as secondary contractor and authorize and direct the county to negotiate and execute primary and secondary contracts, the form of each to be approved by the county attorney. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.1. Adoption of a Resolution to Award Bids for Disaster Debris Monitoring Services (Pre-Position Contracts) – Environmental Management The Commissioners adopted a resolution awarding RFB 22-0528A to Thompson Consulting Services as primary contractor, and 22-0528B to Witt O'Briens as the secondary contractor and authorize and direct the county to negotiate and execute primary and secondary contracts, the form of each to be approved by the county attorney. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.2. Approval of the Award of Bid for the Construction of Northern Regional Park Multi-Use Trail and Adoption of Associated Budget Amendment 22-082 – Parks and Gardens The Commissioners adopted budget amendment 22-082 to increase the budget for the Northern Regional Park multi-use trail and award of the construction contract to C.M. Mitchell Construction Company, Inc. in the amount of $649,082. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.3. Conveyance of Qualifying Parcel to a Registered Nonprofit for the Purpose of Constructing Workforce Housing – Planning and Land Use The Commissioners approved the conveyance of a qualifying parcel, 1013 Queen Street (City of Wilmington R-5; 0.5 acres; tax foreclosure site), to a registered nonprofit for the purpose of constructing workforce housing. Approval of April 2022 Tax Collection Reports – Tax The Commissioners approved the April 2022 tax collection reports for New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.4. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2022: Sheriff's Office 22-076, 077 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 475 Various 22-078 American Rescue Plan Act (ARPA) 22-080 General Fund Debt Service 22-081 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.5. Adoption of Year-end Budget Amendment to Account for Potential Overage in Public Safety Function – Budget The Commissioners adopted budget amendment 22-084 to account for potential overage in public safety function. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.6. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Vanessa Causey, Library, retiring with 25 years of service Robert Richardson, IT, retiring with 19 years of service John Timmerman, Museum, retiring with 28 years of service Chair Olson-Boseman presented a retirement 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 employees to step forward to receive service awards: Five Years: Tracy Allard, Tax Justin Batton, Facilities Management Terah Sigman, HHS – Social Services Ten Years: Douglas Scholz, HHS – Health Yousef “Joe” Suleyman, Environmental Management Fifteen Years: Teresa Smith, Emergency Management Twenty Years: Garrett Loftis, HHS – Social Services Twenty-Five Years: Melissa Cowan, HHS – Social Services Thirty Years: Georgia Morris, HHS – Social Services Chair Olson-Boseman 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: Lawana Mays, HHS – Social Services Shannon Allen, HHS - School Mental Health Joshua Babson, Fire Services Jennifer Mazzeo, HHS – Social Services Thomas Ball, HHS – Social Services Renee Moore, HHS – Social Services La’Deidra Ballard, HHS – Social Services Carmen Plummer-Johnson, Building Safety - Inspections Anthony Barriner, Property Management Terry Pullen, 911 Communications Cecelia Blair, 911 Communications Allen Royall, 911 Communications Lisa Bonzo, HHS – Social Services Jelsea Sanders, HHS – Health Kimia Cobia, 911 Communications Kara Schaeffer, HHS – Social Services Jonathan Damico, HHS – Social Services Ashley Stump, 911 Communications Kathryn Eli, Community Justice Services Mattilyn Toms, 911 Communications Karlene Ellis-Vitalis, Planning and Land Use Alison Vogt, HHS - Women’s Preventative Health Jennifer Finlay, Library Cyndy Wallhausser, Senior Resource Center Jason Gay, Fire Services Cally Willis, HHS – Social Services Kathy Hughes, County Attorney Paul Wingard, 911 Communications Sarah Lipkin-Sularz, Planning and Land Use Brittany Walker, 911 Communications Mary Mack, HHS – Social Services Shannel Dewitt, 911 Communications The Commissioners welcomed the employees to County Government and wished them success in their new positions. UPDATE ON $26 BILLION SETTLEMENT OPIOID LITIGATION Harold Seagle, attorney, provided a brief history on the opioid litigation and a status update on the $26 billion settlement with the major distributors and Johnson and Johnson (a manufacturer), and explained the process that has taken five years. This first settlement is being finalized but there are several cases left. There is over $750 million coming into the state with the state taking a bit over $113 million and local governments getting over $634 million from the settlement. Of that amount, the County will be receiving a bit over $18 million that will disburse with two payments in 2022 and then one payment a year until 2038. He expressed appreciation for the support and active involvement by prior and current Board members, County Manager Coudriet, and County Attorney Copley. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 476 The agreement that has been reached nationally for distribution of the funds in North Carolina has resulted in the County and other local governments throughout the state controlling 85% of the money that is coming into the state. Commissioner Barfield stated that the $18 million the County received is going to change lives and save lives. The County is in the process of building the two 100-bed facilities that will allow treatment for men and women along with partnering with others in the community to address substance use disorders. That vision started with Mr. Seagle and his firm working with the County as well as other counties to help secure the funds. He expressed appreciation to Mr. Seagle for the work that has been done and continues to be done on this issue. Hearing no further discussion, Chair Olson-Boseman thanked Mr. Seagle for the update. UPDATE TO THE BOARD OF COMMISSIONERS ON THE DEVELOPMENT OF A MENTAL HEALTH AND SUBSTANCE USE DISORDER STRATEGY Chief Strategy Officer Jennifer Rigby presented the following update on the development of a mental health and substance use disorder strategy:  Mental Health and Substance Use Disorder Strategy:  2022 Strategic Plan report out:  Stakeholders:  Mental health and substance use disorder providers: Coastal Horizons, Delta Behavioral, RHS Services, and Novant  Community partners: City of Wilmington, Trillium, Resiliency Task Force, New Hanover County Schools, LINC, NAMI, Cape Fear COG – Continuum of Care, Community Care of the Lower Cape Fear  Judicial system partners: Public Defender and Wilmington Police Department  County departments: Diversity and Equity, Health and Human Services, Community Justice Services, DSS – Child Protective Services, Fire Services, and Sheriff’s Office  Strategy Process:  Key Areas of Focus: Education and outreach; access to services and treatment; and sustainable recovery and wellbeing Ms. Rigby concluded the presentation stating that a funding strategy will be developed to match community needs with resources and measures for success will be set in a way to demonstrate accountability of the resources. Once the strategy sessions are ending, work will begin with representatives from the North Carolina Association of County Commissioners - Strategic Services Department. Discussions will be about initiatives with the North Carolina Health and Human Services Secretary to ensure that the County is leveraging as many resources as possible for the community. It is anticipated that a formal recommendation and implementation strategy will be ready for presentation to the Board in late summer. Commissioner Zapple commended Ms. Rigby and her team for their work. A tremendous amount of information has been learned during each session and he looks forward to the upcoming sessions. Commissioner Barfield concurred with Commissioner Zapple stating it has been great to see all the stakeholders gather but more importantly to hear the viewpoints of people who are receiving the services to make sure they are receiving what they need and want. It is important to engage with individuals to ensure they are receiving what they need, not what others think they need. He expressed appreciation to Ms. Rigby and her team for the work they have done on this matter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 477 Hearing no further discussion, Chair Olson-Boseman thanked Ms. Rigby for the update. CONSIDERATION AND ADOPTION OF A RESOLUTION DECLARING INTENT TO CLOSE A PUBLIC ROAD AND APPROVAL TO SET THE PUBLIC HEARING ON SAME FOR AUGUST 1, 2022 Planning and Land Use Senior Planner Robert Farrell presented the following information on the request to close a public road:  Road Closure Request:  Size of road stub: 200-feet x 60-feet undeveloped right-of-way  Location: 2805 and 2809 Blue Clay Road:  Existing Conditions: Mr. Farrell stated the area was created as part of three road stubs in 1955 in a 14-lot subdivision off what is now Kerr Avenue. Two of the stubs currently serve as private driveway access to the Cape Fear Optimist Club. The remining third is between 2805 and 2809 Blue Clay Road and does not serve as access to any other property. There are processes in the North Carolina General Statutes (NCGS) 153A-241 that authorize a county to permanently close any public road or easement within said county not under the control of a city or the NC Department of Transportation (NCDOT) by first adopting a resolution declaring intent to close a road and calling a public hearing on the matter. NCDOT stated it has no intention of accepting the stub, and the Cape Fear Public Utility Authority (CFPUA) stated it will only require a utility easement over a portion of the property if the road stub is closed. If closed, the property owner would be required to hire a surveyor to recombine the lot lines and establish the utility easement. The Board is being asked to adopt the resolution declaring the intent to close a public road and approve a public hearing on the request be held during the August 1, 2022 Board meeting. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays to adopt a resolution declaring the intent to close a public road and approve the public hearing on same be held during the August 1, 2022 Board of Commissioners meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.7. CONSIDERATION AND ADOPTION OF A PRELIMINARY ASSESSMENT RESOLUTION FOR NCDOT FOR REQUIRED IMPROVEMENTS TO A PORTION OF STONEYBROOK ROAD AND BEDROCK COURT FOR INCLUSION INTO NCDOT ROAD MAINTENANCE SYSTEM Planning and Land Use Senior Planner Rachel LaCoe stated that the owners of property located on Bedrock Court and Stoneybrook Road have petitioned the Board to undertake a project to improve Bedrock Court and a section of Stoneybrook Road, from Anchors Bend Way to Hervey Lane, to meet the standards of NCDOT so that portion of the road may become a part of the state-maintained system. NCDOT has determined the required improvements and has agreed to assume responsibility for maintenance once the improvements have been completed. Based on a process developed in 2021, the County would be responsible for bidding the project, providing oversight of the improvements, and assessing the benefited parties for the cost of the improvements plus other costs incurred by the County. Per NCGS 153A-205(b), the County may finance the local share of the improvements, which is estimated to be $35,728, if a petition for the improvements is received which is “signed by at least seventy-five (75%) of the property owners of the property to be assessed, and who must represent at least seventy-five (75%) of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be improved.” The signed petition that was presented to the County represents 23 of 23 of the property owners and exceeds both seventy-five (75%) thresholds. 100% of the cost of the improvements plus other costs incurred by the County will be assessed against the benefited properties. She then presented the following information on the request:  Consideration of preliminary assessment resolution for NCDOT required improvements to Stoneybrook Road and Bedrock Court for inclusion into NCDOT road maintenance system: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 478  Process: assessment initiation; cost assessment and petition phase; procurement and construction; and final assessment  Benefited properties:  Estimated Project Cost:  Initial quote (January 2022): $35,728  Current estimate: $42,000  Lots to be assessed: 23  Estimated assessment per lot: $1,826 Ms. LaCoe concluded the presentation stating if the Board decides to move forward with the request, a public hearing will be held during the August 1, 2022 Board meeting. In response to Board questions, Planning and Land Use Director Rebekah Roth stated that only the portion of Bedrock Court and Stoneybrook Road that is under consideration is what is being presented. The remainder of Stoneybrook has already been turned over to NCDOT. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to adopt the preliminary assessment resolution, and approve the public hearing on said resolution to be set for August 1, 2022. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.8. PRESENTATION OF WORKFORCE HOUSING SERVICES PROGRAM FRAMEWORK Planning and Land Use Senior Planner Rachel LaCoe presented the following information:  Presentation of Workforce Housing Services Program Framework:  Examples of Eligible Activities: construction of new units; conversion/rehabilitation of existing units; down payment assistance; rental assistance; and emergency repair  Project Viability:  Financial Feasibility:  How likely is it that the project will move forward?  Does the project include other funding sources?  Development Quality:  Is the site suitable for development?  Does the development include good site design and quality materials?  Development and Management Team:  Do they have experience with affordable housing?  Do they have the capacity to manage the project?  Priorities:  Shovel ready to break ground prior to July 2023  Number of proposed new units  Mixture of price-points  Period of affordability that exceeds 15 years with additional considerations for projects at 30 years  Target average median income (AMI) under 80% with additional consideration for units under 50% and 30% AMI  Acceptance of Housing Choice Vouchers NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 479  Application and Funding Process: finalize and release request for proposal (RFP); staff reviews; Workforce Housing Advisory Committee (WHAC) subcommittee review; and final Board of Commissioners allocation Ms. LaCoe concluded the presentation stating that moving forward with Board feedback and recommendations, staff will finalize and release the RFP which is being anticipated for July, a cross functional team of County staff and a subcommittee of the WHAC would review a staff summary for recommendations. Staff is proposing the subcommittee consist of five members of the WHAC that do not have a conflict of interest in the funding process with at least three members representing appointments from the Board. Recommendations from the subcommittee would be presented to the Board possibly in October for final funding allocations. Commissioner Zapple expressed appreciation to Ms. LaCoe for the presentation and for a specific plan to move forward. He is looking forward to seeing the results of the RFP. Hearing no further comments, Chair Olson-Boseman thanked Ms. LaCoe for the presentation. CONSIDERATION AND APPROVAL OF A $1.65 MILLION LOAN TO THE WILMINGTON HOUSING AUTHORITY AND ADOPTION OF BUDGET AMENDMENT 22-083 AND RESOLUTION AUTHORIZING THE COUNTY MANAGER TO NEGOTIATE AND EXECUTE A LOAN AGREEMENT WITH THE WILMINGTON HOUSING AUTHORITY Chief Financial Officer Eric Credle presented the following information:  Proposed $1.65 Million Loan to the Wilmington Housing Authority (WHA):  Background:  Beginning April 2021: Mold issues displaced approximately 150 families from housing provided by the WHA  Financial Challenges at WHA: biggest factors are expected mold remediation costs, weekly hotel/apartment costs, and weekly food per diems  Identified Solutions:  Hotel/Apartment Costs:  Obtain Emergency Rental Assistance Program (ERAP) funding for impacted residents:  To be used to pay the hotels/apartments until mold remediation is complete  Requires residents to complete a three-page application  Mold Remediation Costs:  $6.3 million total cost:  $3 million state grant  $3.3 million loan – split evenly between the County/City of Wilmington (City)  Proposed Loan to WHA:  $1.65 million to fund mold remediation  Requires budget amendment adoption  Authority for the county manager to negotiate the loan terms/agreement Mr. Credle concluded the presentation stating if approved by the Board the loan proceeds would come from the County's general fund balance and requires a budget amendment. It is anticipated that the funding of the loan would be in installments as the work is completed. Staff is also requesting that the Board delegate the authority to the county manager to negotiate the loan terms of the agreement with WHA. It is expected that the loan would have a minimal interest rate and may need to be long term in nature to provide WHA the time it needs to solidify its financial position. In response to Board questions, Mr. Credle stated he does not believe the funding would be provided in a form of a grant and there will not be any collateral provided for the loan at this time. WHA Executive Director Tyrone Garrett stated WHA would be able to have at least 98 units put back online within the next six months with the funding from the County and the City. If the grant from the state was not received, that would leave approximately 50 units that would be outstanding which WHA would have to work towards remediation for. There may be a need to come back for additional funding for the 50 units, but it is anticipated the state grant and a federal emergency grant will be able to help. In response additional Board questions, Mr. Tyrone stated that what is being asked for today is the plan b and WHA is trying to use other programs such as a Housing Choice Voucher (HCV) program to find private housing for residents. It is estimated that 30 families could be housed through that program. WHA is making efforts to shrink the number as much as possible from both remediation of units and finding other opportunities. Unfortunately, the HCV program cannot put money into public housing units, but it can identify units and pay for unit leases for residents outside of conventional public housing stock. Commissioner Barfield thanked County Manager Coudriet, HHS – Social Services Director Tonya Jackson, and staff for taking the lead over an agency that is not under the auspices of the County but rather the City of Wilmington and where the mayor appoints the board members. Now they are in a quandary of what he sees as mismanagement. He thanked the WHA board members that were present and encouraged them to ask the tough questions to make sure they understand how the operation is going because real lives have been affected by maybe not asking the right questions. He is also glad to see that the City is participating at the 50% level instead of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 480 typical 40% because it is the City’s project. It is the County’s responsibility to make sure that every citizen is provided for and protected because they all live in the County. However, WHA should have had their hand and finger on the pulse of knowing what was going on. He hopes the resources that will be provided with the funding will help residents get into safe, clean, affordable housing that is also healthy and that the mold is remediated. He encouraged the WHA board and staff to listen to the professionals. In response to further Board questions, Mr. Garrett stated that the federal government holds a declaration of trust on the housing units. Neither the County or City can tear them down, but WHA can repurpose and redevelop the properties under guidelines. He is not able to explain why the federal government has not been able to help. Federal funding for federal housing has been declining across the country for at least the last 10 years on the capital side. Capital funding along with operational funding does come from the federal government. He does believe there are some good strategies that can be utilized moving forward and some good relationships at the federal level that will be beneficial to the community. Vice-Chair Hays expressed appreciation to Mr. Credle and Mr. Garrett for their response to this issue and acknowledged the WHA board members in attendance. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Chair Olson-Boseman to approve a $1.65 million loan to the Wilmington Housing Authority and the adoption of budget amendment 22-083 and resolution authorizing the county manager to negotiate and execute a loan agreement with the Wilmington Housing Authority. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the budget amendment and resolution are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.9. CONSIDERATION AND APPROVAL OF UPDATED ADDENDUM TO THE PROJECT GRACE MEMORANDUM OF UNDERSTANDING WITH ZIMMER DEVELOPMENT COMPANY AND ADOPTION OF BUDGET AMENDMENT 22-079 Ms. Rigby stated that since the March 2021 approval of the Memorandum of Understanding (MOU) with Zimmer Development, staff has been working through the due diligence phase, the design development phase, and the final design and construction documents. The County has been on time on all the key elements within the MOU. During the process, the project has been further refined and the updates have created a need for an addendum to the MOU. She presented the following information regarding the needed MOU updates:  Programmatic Updates:  Structure Updates:  Provision for the County to purchase design and construction documents at a cost of not to exceed $2.5 million if Local Government Commission (LGC) approval is not granted or if either party chooses to terminate the MOU In response to Board questions, Ms. Rigby stated there are two main benefits of swapping the parcel locations. Number one, the library does not have to move twice, a new library facility could be constructed, and the library could move over, and seamless services would be provided. The other benefit to that is the light exposure. It is easier to control the light exposure on the northern side of the block rather than the south side of the block. She also confirmed that there will be an elevator on the Third Street side of the parking garage. Assistant County Manager Lisa Wurtzbacher continued the presentation as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 481  Financial Analysis:  Lease costs include: $80,060,000 lease payments (4,003,000 for 20 years) and $4,250,079 City property tax  Debt service is estimated to decrease over $5.8 million over two years (roughly the amount of time to construct the facility)  Requested Action:  Approval of Memorandum of Understanding Amendments  Approval of budget amendment 22-079  Next Steps:  July 12, 2022 Local Government Commission  Late August/September Construction begins In response to Board questions, Ms. Wurtzbacher confirmed that Cape Fear Museum Director Wayne LaBar is comfortable with the removal of $7,500,000 from the developer’s budget for the design and fabrication of the exhibits. The County intends to pay for the costs separately from loan proceeds. She also confirmed that at no time will the downtown area be without a library throughout the process. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays to approve the updated addendum to the Project Grace Memorandum of Understanding with Zimmer Development Company and adopt budget amendment 22-079. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.10. PUBLIC HEARING REGARDING AND CONSIDERATION AND ADOPTION OF RESOLUTION RATIFYING THE AUTHORIZATION OF THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 159, ARTICLE 8 AND ALSO AUTHORIZE THE COUNTY MANAGER TO NEGOTIATE A LONG-TERM LEASE AGREEMENT FOR THE CAPE FEAR MUSEUM AND MAIN LIBRARY BRANCH Ms. Wurtzbacher stated that for the project to proceed, the County must receive approval from the Local Government Commission (LGC) for the 20-year lease for the Cape Fear Museum and Main Library Branch. A public hearing must be held as part of that process. She provided a brief overview of the lease document noting the parameters of the arrangement. A draft of the lease document is included in the agenda packet and staff is working with the developer to finalize the document. The Board is also being asked to grant approval for the county manager to finalize negotiations and execute the lease document. The lease document includes the following key parameters:  An 84,905 square foot building would be leased to the County at $4,003,000 annually  At the end of the 20-years the museum, library, and land under the museum and library would be owned by the County  The County would be responsible for paying property taxes, insurance, utilities and repairs on the facilities and landlord is responsible for the maintenance, repair, and replacement of the structural elements (i.e., roof, structural flooring, and other items)  The County would be responsible for other building maintenance repair such as plumbing, electrical, and HVAC systems Ms. Wurtzbacher concluded the overview and requested that the Board adopt the Findings Resolution as part of the agenda item. The resolution states that the Board finds the contract necessary and expedient to pay the cost of the project, that the lease is preferable to issuing public debt through bonds, that the sums to fall due on the contract are adequate and not excessive, the County is in compliance with its debt management policy and not in default of any of its debt, that no tax increase is needed to cover the project, and that the county attorney deems the project is one in which public funds can be used. Chair Olson-Boseman stated the Board of County Commissioners approved a memorandum of understanding with Zimmer Development Company on March 12, 2021 to pursue a public private partnership to rd redevelop a critical downtown block owned by New Hanover County at 3 and Grace Streets. Per that memorandum of understanding and as amended at the June 20, 2022 meeting, the County will enter into a lease agreement for a new downtown Library and Cape Fear Museum. The lease terms include annual rent for the downtown Library and Cape Fear Museum of $4,003,000 for 20 years. At the end of the lease term, ownership of the facilities will revert to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 482 New Hanover County. The Board must now conduct a public hearing concerning the lease agreement and any other transactions contemplated therein and associated therewith. She asked for a motion to open the public hearing. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to open the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Olson-Boseman stated that one person signed up to speak in favor and three people signed up to speak in opposition to the matter and invited them to provide their remarks. Opposition Speakers: Ellie Klein, resident of Old MacCumber Station Road, declined to speak and deferred to Diana Hill. Laurel Taylor, resident of Brandon Road, departed the meeting before the matter was heard. Diana Hill, resident of Klein Road, stated that she and other advocates have asked the Board for five years to stop with this decision. She does not understand how the County can enter into a lease agreement without funding approval. If approval is not received the County may not have a developer and will not have the plans unless it spends $2.5 million to buy the plans from the developer and will have to issue an RFP. There is no reason to knock down a 100,000 square foot building on one side of the block and put up an 84,000 square foot building on the other side. If the Board would do its due diligence to tour the Durham County renovated library, it would see for that for $47 million, the Durham County library added 30,000 square feet to acquire 100,000 square feet of space. The current library does not leak and is dry as a bone. She also does not understand how the Board believes that the cost projection received in 2021 is going to be the same amount of money today. The Borst Building, which is on the National Historic Registry, will also be knocked down and impact all other benefits for people, including the City of Wilmington, who want to renovate historic buildings. In Favor Speakers: Natalie English, Wilmington Chamber of Commerce President and CEO, spoke in favor of the request stating that she has received permission to add support from Wilmington Downtown, Inc. (WDI) in her comments. The business community is in favor of continuing to move forward. The public-private partnership, the work between the staff and Zimmer Development Company, is fabulous work. The business community believes it is important to continue the type of creative financing and creative investments to make Wilmington and New Hanover County attractive to the people coming to fill the jobs, who are coming to create jobs, and who create economic opportunity in this community. They encourage the Board to continue down the path and are thoroughly excited about what they believe the LGC will see as positive investments in the community to create a library and museum that will be a centerpiece for downtown Wilmington and all New Hanover County. Again, the Board is encouraged to move forward. There being no further speakers, Chair Olson-Boseman asked for a motion to close the public hearing. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Chair Olson-Boseman to adopt the resolution ratifying the authorization of the filing of an application for approval of a financing agreement authorized by North Carolina General Statute 159, Article 8 and also authorize the county manager to negotiate a long-term lease agreement for the Cape Fear Museum and Main Library Branch. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.11. PUBLIC HEARING AND ADOPTION OF A RESOLUTION REQUESTING THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION (WRC) ADOPT RULE EXTENDING THE NO-WAKE ZONE ON BRADLEY CREEK Planning and Land Use Supervisor Ken Vafier stated that the request is to extend a no wake zone along Bradley Creek and stems from a citizen inquiry that staff received in December 2020 due to observed hazards and safety concerns on the eastern portion of the creek, which is not marked as a no wake zone. The current no wake zone runs from the east side of the Oleander drive bridge approximately 1,000 feet east. The proposed no wake zone will extend further eastward for approximately 3,225 feet toward the Intracoastal Waterway to channel marker 8. He provided an overview of the following information on the request:  Request for WRC to Adopt Rule Extending No-Wake Zone in Bradley Creek:  Study Area: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 483  Authorization:  NCGS 75A-15 authorizes WRC to establish water safety rules to mitigate hazards  Applications for rulemaking must be submitted by entity having jurisdiction over waters  Known hazards may include navigational hazards, congested areas, history of accidents and citations  Procedure and Application Requirements:  Initial investigation of study area by WRC, completed for this portion of Bradley Creek in February 2022.  Investigation concluded that hazards exist which include narrow channel, shallow water, boat accidents, multiple citations, and high traffic  Application must include public notice given the intent to apply for rulemaking, resolution from the governmental unit requesting rulemaking; statement that the local government or designee agrees to purchase and place markers  Staff will purchase buoys, anchor blocks, and cables at cost ($450.00) directly from WRC, who will assist with placement and installation  After installation, WRC will take ownership and maintenance of buoys  Next Steps:  If approved, staff will submit application form and required supplemental materials to WRC for consideration at its August 18, 2022 meeting  If approved by WRC, adopted rule sent to Rules Review Commission for consideration of the rule. Upon approval by WRC, the rule becomes effective and codified in NC Administrative Code. Mr. Vafier concluded the presentation stating that staff's recommendation is that the County incur the cost for purchase and placement of new buoys, anchor blocks and cables identifying the extent of the proposed no wake zone, as WRC has identified multiple navigational hazards affecting multiple property owners and boaters in the area. If the rule is approved to be codified into the NC Administrative Code, it will take effect in February 2023. Commissioner Barfield stated that he is glad to see this request coming forward considering the number residences in the area as well as boats docked in the area. In response to Board questions, Mr. Vafier confirmed that the total financial impact to the County is $450 for the buoys. Chair Olson-Boseman stated that pursuant to North Carolina (NC) General Statute 75A and NC Administrative Code Title 15A, the Board may hold a public hearing at which time any persons who wish to be heard may appear, to consider a resolution authorizing staff to file application for rulemaking with the WRC to modify and extend a “No Wake Zone” on Bradley Creek as more specifically set forth in the agenda item. The Board will now hear public comments and the floor is open for Board discussion. She stated there was no one signed up to speak on the matter, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Olson-Boseman direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to adopt the resolution authorizing staff to file the application for rulemaking with the North Carolina Wildlife Resources Commission and authorize payment of the required buoys. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 29.12. APPOINTMENT OF VOTING DELEGATE TO THE NACO 2022 ANNUAL CONFERENCE Chair Olson-Boseman nominated Vice-Chair Hays for appointment as the voting delegate to the NACo 2022 Annual Conference. Hearing no further nominations, Chair Olson-Boseman asked for direction from the Board on the nomination on the floor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 484 Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to appoint Vice-Chair Hays as the voting delegate to the NACo 2022 Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the Airlie Gardens Foundation, Inc. Board of Directors Chair Olson-Boseman reported that three vacancies exist with one application eligible for reappointment and five additional applications available for consideration. Commissioner Zapple nominated Michael W. Creed for reappointment and Bonnie Nelson and John Russ for appointment. Vice-Chair Hays nominated Nikki M. Bascome for appointment. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Michael W. Creed and appoint John Russ to the Airlie Gardens Foundation, Inc. Board of Directors to serve three-year terms with the terms to expire on June 30, 2025. Vote Results: The Board voted 2 to 3 to reappoint Bonnie Nelson to the Airlie Gardens Foundation, Inc. Board of Directors to serve a three-year term with the term to expire on June 30, 2025. Commissioners Barfield and Zapple voted in favor. Vote Results: The Board voted in the majority to appoint Nikki M. Bascome to the Airlie Gardens Foundation, Inc. Board of Directors to serve a three-year term with the term to expire on June 30, 2025. Chair Olson-Boseman, Vice- Chair Hays, and Commissioner Rivenbark voted in favor. Appointment to the Cape Fear Community College Board of Trustees Chair Olson-Boseman reported that one vacancy exists on the Cape Fear Community College Board of Trustees with one applicant eligible for appointment. Commissioner Barfield nominated Lanny Wilson. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Lanny Wilson to the Cape Fear Community College Board of Trustees to serve a four-year term with the term to expire June 30, 2026. Appointments to the Cape Fear Museum Advisory Board Chair Olson-Boseman reported that four vacancies exist on the Cape Fear Museum Advisory Board with three applicants eligible for reappointment and three additional applications available for consideration. Commissioner Zapple nominated Susan Barbee, T. Gwendolyn Grear Brown, and Stewart W. Moon for reappointment and Jhaniqua Palmer for appointment. Commissioner Barfield seconded the nominations. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Susan Barbee, T. Gwendolyn Grear Brown, and Stewart W. Moon and to appoint Jhaniqua Palmer to the Cape Fear Museum Advisory Board to serve three-year terms with the terms to expire June 30, 2025. Appointments to the Cape Fear Public Utility Authority Chair Olson-Boseman reported that two vacancies exist on the Cape Fear Public Utility Authority with two applicants eligible for reappointment and one additional application available for consideration. Chair Olson-Boseman nominated Jennifer H. Adams and Hollis B. Briggs, Jr. for reappointment. Vice-Chair Hays seconded the nominations. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Jennifer H. Adams and Hollis B. Briggs, Jr. to the Cape Fear Public Utility Authority to serve three-year terms with the terms to expire June 30, 2025. Appointments to the New Hanover County Alcohol Beverage Control Board Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Alcohol Beverage Control (ABC) Board with one applicant eligible for reappointment and thirteen applications available for consideration. The Board is also charged with appointing a chairman for the ensuing year. Commissioner Rivenbark nominated Cedric A. Dickerson for reappointment and Angie Barr for appointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 485 Commissioner Zapple nominated Jeremy Wilson for appointment. Vice-Chair Hays nominated Bruce Shell to serve as chairman for the ensuing year. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Cedric A. Dickerson to the ABC Board to serve a three- year term with the term to expire on June 30, 2025. Vote Results: The Board voted in the majority to appoint Angie Barr to the ABC Board to serve a three-year term with the term to expire on June 30, 2025. Chair Olson-Boseman, Commissioner Barfield, and Commissioner Rivenbark voted in favor. Vote Results on Chairman: The Board voted UNANIMOUSLY to appoint Bruce Shell to serve as chairman for the ensuing year. Appointments to the New Hanover County Airport Authority Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Airport Authority with one applicant eligible for reappointment and twelve additional applications available for consideration. Vice-Chair Hays nominated Frank Spruill Thompson for reappointment. Commissioner Zapple nominated Faison Gibson Sutton for appointment. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Frank Spruill Thompson and appoint Faison Gibson Sutton to the New Hanover County Airport Authority to serve four-year terms with the terms to expire June 30, 2026. Appointments to the New Hanover County Parks and Recreation Advisory Board Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Parks and Recreation Advisory Board with five applications available for consideration. Commissioner Zapple nominated Gabriella de Souza and Alexis Kreun for appointment. Vice-Chair Hays nominated Lindy Ford for appointment. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Gabriella de Souza to the New Hanover County Parks and Recreation Advisory Board to serve a three-year term with the term to expire June 30, 2025. Vote Results: The Board voted 2 to 3 to appoint Alexis Kreun to the New Hanover County Parks and Recreation Advisory Board to serve a three-year term with the term to expire June 30, 2024. Commissioners Barfield and Zapple voted in favor. Vote Results: The Board voted in the majority to appoint Lindy Ford to the New Hanover County Parks and Recreation Advisory Board to serve a three-year term with the term to expire June 30, 2025. Chair Olson-Boseman, Vice-Chair Hays, and Commissioner Rivenbark voted in favor. Appointment to the New Hanover County Tourism Development Authority Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Tourism Development Authority with one applicant available for consideration. Vice-Chair Hays nominated James Kitts to serve in the Vacation Rental Properties (100+) Owner/Manager category. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint James Kitts to serve in the Vacation Rental Properties (100+) Owner/Manager category on the New Hanover County Tourism Development Authority to serve an unexpired term with term to expire December 31, 2023. Appointments to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chair Olson-Boseman reported that four vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with three applications eligible for reappointment consideration. Commissioner Zapple nominated Dave Ellegood, Jim Orr, and Spero Pekatos for reappointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JUNE 20, 2022 PAGE 486 Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Dave Ellegood, Jim Orr, and Spero Pekatos to the Parks Conservancy of New Hanover County, Inc. Board of Directors to serve three-year terms with the terms to expire June 30, 2025. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman stated that one person signed up to speak on non-agenda items and invited the speaker to make remarks. David Pearson, resident of Culdees Lane, Bolivia, NC, stated he is an official State of North Carolina licensed sports referee. He is licensed and certified to not only uphold the rules regulations, but make sure the safety of the players on the fields and the conditions of fields are maintained. He referees for organizations such as the Wilmington Hammerheads, Pleasure Island Soccer Association, and Wilmington Adult Soccer League. The Wilmington Hammerheads host an annual tournament that approximately 350 teams participate in. The county parks and school fields are used for the tournament and are returned to those organizations in the condition they were given or better except for Ashley High School. Not only does that high school not permit the use of them, but they do not use their own practice fields as they go across to Veterans Park to destroy a field for lacrosse. Soccer does not destroy a field as much as lacrosse because there is not as much jockeying around one certain spot. The high school refuses to cooperate with the organizations he works with. He would like to know why taxpayers are paying for a local school to have two separate fields for their own use that they refuse to use. This issue has been occurring over the last three years. Due to the high school’s actions, the entire center of the yellow field at Veterans Park must be resodded because it is in terrible condition after the lacrosse team has used it. In response to Board questions, County Manager Coudriet stated this is the first he is hearing of the issue. Staff will reach out to the school district to learn more about what limitations exist to limit the high school from using its own fields. Parks and Gardens Director Tara Duckworth stated that she did not have much more information than what has been described by Mr. Pearson. She knows the school system has been requesting more utilization of the Veterans Park fields, particularly for lacrosse. She confirmed that lacrosse is hard on a field. She and her team will have the discussion with the school system about the issue. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield thanked Chief Diversity and Equity Officer Linda Thompson and her team for their work to pull together a multicultural networking event at the Wilson Center. He was pleased to see the turnout for the event and for the discussions that are occurring throughout the community about diversity, equity, and inclusion. Commissioner Zapple reported on attending an event at Olson Park for ACCESS Wilmington. During the event he saw that two ballfields were not used the entire day. There have also been incidents of theft from vehicles at the park. He asked that staff work with the City staff to address the activity scheduling issues at Olson Park and for there to be an increased focus on it by the Parks Resource Officers. In response to Board questions, County Manager Coudriet stated that Olson Park is operated, scheduled, and maintained by the City. Even though it is in the unincorporated area, the County does not have operating responsibility or authority over it. Ms. Duckworth’s department does not have responsibility or authority over it. The County provided capital when it was being developed but those obligations have long since been met. Again, the County does not have any investment or oversight of the use of the Olson Park fields, scheduling of the fields, nor the maintenance of the park. To his knowledge, there is not the equivalency of the Parks Resource Officers that are on the County owned facilities within the City. He does not know how the City provides security for its facilities. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 11:16 a.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.