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.