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2017-02-20 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 20, 2017 PAGE 692 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 20, 2017, at 9:03 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Woody White; Vice - Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE John Pflug, Jr., Pastor, Windermere Presbyterian Church, provided the invocation and Commissioner Rob Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman White requested a motion to approve the Consent Agenda as presented. MOTION: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes — Governing Body The Commissioners approved the minutes of the Agenda Review Meeting of February 2, 2017 and the Regular Meeting of February 6, 2017. Approval of 14 Donations for Accession into the Museum's Permanent Collection — Cape Fear Museum The Commissioners approved 14 donations for accession into the Cape Fear Museum's Permanent Collection. The objects presented were approved for accession at the Museum Advisory Board meeting of January 18, 2017. Each item offered has a special story to preserve and they help to document 300 years of the region's history. Approval of 90 Items to be Deaccessioned from the Museum's Collection — Cape Fear Museum The Commissioners approved the deaccession of 90 items from the Cape Fear Museum Collection which have been identified as having no relevant provenance, are in very poor condition, or are duplicates of better examples. The items recommended for deaccession have all been reviewed by the Curator, Director, Collections Committee, and the Museum Advisory Board at their meeting of January 18, 2017. Most items are identified for public auction, a procedure which removes the sale from immediate conflict of interest with the Museum. Income earned from items sold at auction goes into a restricted account used to purchase new artifacts for the collection or to conserve objects already in the collection. An object may also be recommended for transfer to another collecting institution. Adoption of Budget Ordinance Amendments — Strategy and Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2017: Library 17 -038 Department of Social Services 17 -047, 17 -048, 17 -053 Fire Services 17 -049 Health 17 -050, 17 -051 Sheriffs Office 17 -054 Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 26.1. Adoption of a Resolution Supporting the Cape Fear Council of Government's Submittal of a Grant Application to Develop a Land Use Study and Recommendations with the Department of Defense for Areas in Proximity to the Military Ocean Terminal at Sunny Point - Planning and Land Use The Commissioners adopted a resolution supporting the Cape Fear Council of Government's submittal of a grant application to develop a Land Use Study and Recommendations with the Department of Defense for areas in proximity to the Military Ocean Terminal at Sunny Point. Funding for the Joint Land Use Study would be provided through a grant from the Department of Defense (DOD). DOD would provide 90% of the cost for the study with the remaining 10% coming from either in -kind or cash match or both. The total cost of the study is expected to be between $200,000 and $300,000. It is anticipated that a committee will be formed to discuss how the match will be met. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 26.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS County Manager Coudriet recognized the following employees receiving retirement awards: Howard Williams, Property Management, retiring with five years of service William Crowningshield, Sheriff s Office, retiring with 30 years of service Chairman White presented a retirement award to each retiree and the Commissioners expressed appreciation and thanked them for their years of dedicated service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 20, 2017 PAGE 693 County Manager Coudriet requested the following employees to step forward to receive service awards: Ten Year: Susan M. Albarran, Sheriff Patricia Robinson, Social Services Fifteen Years: Raymond W. Griswold, Fire Services Thirty Years: Anne N. Colvard, Social Services Chairman White presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. PRESENTATION ON WATER QUALITY MONITORING IN NEW HANOVER COUNTY - 2015 -2016 ANNUAL REPORT Planning and Land Use Director Chris O'Keefe reported that New Hanover County contracts with Coastal Planning and Engineering to monitor the water quality of seven creeks within the unincorporated county. The purpose of this monitoring is to protect public health, gauge the overall health of the creeks and respond appropriately to declining trends in water quality. The creeks monitored include Barnards, Futch, Lords, Motts, Pages, Prince Georges, and Smith Creek. County staff meets quarterly with the Water Quality Task Force to review County data and collaborate on data monitored throughout the County by partner agencies. Director O'Keefe introduced Brad Rosov with Coastal Planning and Engineering (CPE) and asked that he present the latest findings. Mr. Rosov presented the 2015 -2016 Water Quality Monitoring Program Report highlighting the results of the water quality samples collected and analyzed for biological, chemical and physical parameters from the following monitoring stations: • Barnards Creek — located in the western part of the County draining into the Cape Fear River: • Parameter BC -CBR • Turbidity Good • Dissolved Oxygen Poor • Chlorophyll -A Good • Enterococci Poor • Futch Creek — located in the northeastern part of the County draining into the Intracoastal Waterway: • Parameter FC -4 FC -6 FC -13 FC -FOY Creek • Turbidity Good Good Good Good Good • Dissolved Oxygen Fair Fair Poor Fair Fair • Chlorophyll -A Good Good Good Good Good • Enterococci Fair Fair Good Good Good • Lords Creek — located in the southwestern part of the County draining into the Cape Fear River: • Parameter LC -RR • Turbidity Good • Dissolved Oxygen Good • Chlorophyll -A Good • Enterococci Fair • Motts Creek — located north of Lords Creek draining into the Cape Fear River: • Parameter MOT -CBR MOT -ND Creek • Turbidity Good Good Good • Dissolved Oxygen Fair Fair Fair • Chlorophyll -A Good Good Good • Enterococci Poor Poor Poor • Pages Creek — located in the northeastern part of the County draining into the Intracoastal Waterway: • Parameter PC -BDUS PC -BDDS PC -M Creek • Turbidity Good Good Good Good • Dissolved Oxygen Fair Good Good Good • Chlorophyll -A Good Good Good Good • Enterococci Poor Poor Fair Poor • Prince Georges Creek — northwestern part of the County draining into the Cape Fear River: • Parameter PG -CH PG -ML PG -NC Creek • Turbidity Good Good Good Good • Dissolved Oxygen Poor Poor Poor Poor • Chlorophyll -A Good Good Good Good • Enterococci Poor Poor Fair Poor • Smith Creek — located in the north central part of the County draining into the Cape Fear River: • Parameter SC -23 SC -CD SC -CH SC -GR SC -NK Creek • Turbidity Good Good Good Good Good Good • Dissolved Oxygen Fair Good Fair Good Fair Fair • Chlorophyll -A Good Good Good Good Good Good • Enterococci Fair Poor Good Poor Fair Fair • Summary Results 2015 -2016: • Parameter Barnards Futch Lords Motts Pages Prince Georges Smith Creek Creek Creek Creek Creek Creek Creek • Turbidity Good Good Good Good Good Good Good • Dissolved Oxygen Poor Fair Good Fair Good Poor Fair • Chlorophyll -A Good Good Good Good Good Good Good • Enterococci Poor Fair Fair Poor Poor Poor Fair NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 20, 2017 PAGE 694 Mr. Rosov reported that in addition to the ongoing sampling from the seven creeks, three sampling sites from within the Airlie Gardens freshwater lake were included in the 2015 -2016 sampling efforts. Over the years the 10- acre lake has experienced a lot of water quality problems, algae forms and questions have arisen about what is driving the issue. The property is located within the Bradley Creek watershed and the lake receives input from several stormwater culverts which serves to manage runoff from nearby developments. Monitoring locations were placed in the northern portion of the lake where stormwater enters the lake, the central area of the lake and the southern area in the proximity to the drainage outfall. The monitoring results suggested that dissolved oxygen varied significantly over the 12 -month study with several instances of extremely low oxygen levels observed at all three sites. Nutrient levels were relatively higher at the sampling location closest to the main stormwater runoff input in proximity to the entrance of the gardens at Airlie Road. These levels were consistently lower at the two other sites indicating that the aquatic vegetation in the lake was utilizing the available nutrients in the water column. This was indicated by high rates of vegetative growth during the summer months. Mr. Rosov concluded his presentation noting: • During the 2015 -2016 sampling season, water quality was similar to previous years, however several creeks experienced a slight decline in overall water quality for multiple parameters. • Turbidity and Chlorophyll -A levels were deemed to be "good" in all creeks, while bacteria and dissolved oxygen levels varied. • Enterococcus bacteria issues still persist at Pages Creek, Motts Creek and Barnards Creek. • Water quality within Airlie Gardens appears to be driven in part by nutrient -laden stormwater runoff which may spur algal blooms and reduced dissolved oxygen. In response to Board's questions, Mr. Rosov stated there is generally not a relationship between the dissolved oxygen and Enterococcus bacteria. Bacteria in general, including algae, grow and when they die, they decompose. Bacteria is generally what acts on that material and decomposes it and uses the dissolved oxygen in the process. The reason for focusing on Enterococcus bacterium specifically is because it's an indicator of bacteria that resides in warm - blooded animals' guts. Bacteria in general could be an indicator of dissolved oxygen declining but specifically, Enterococcus bacteria is an indicator of human impact on the water. Poor oxygen is potentially related to slow moving waters as seen in some of the creeks such at Prince Georges which is swampier with slower water velocity. Smith Creek is quicker flowing which results in more turnover because the water is agitated and becomes oxygenated. Slower- moving water will sometimes show a slower oxygen level. It's not as much of a concern because it is known what the natural setting is intended to be and the natural setting of a swamp -like creek has lesser dissolved oxygen. A brief discussion was held about Enterococcus being or not being point source identified. Mr. Rosov stated his firm has worked with the County in years past to help identify the contamination source. He reiterated that Enterococcus is just an indicator and resides in the guts of any warm - blooded animal. Genetic testing has to be done to determine the Enterococcus type. In looking at various creeks such as Pages and Motts some human contaminants have been seen as well as birds, etc. There are two lift stations close to where sampling was done when CPE started testing for the County. The County worked with the Cape Fear Public Utility Authority (CFPUA), through smoke tests and running cameras through some of the sewer lines, and it was determined the integrity of the actual infrastructure was still intact. Motts Creek water quality over the past 12 months has had some improvement within that community. The community recently upgraded from septic to sewer. The hope is that this upgrade will continue to help increase water quality in that watershed over the next year. Enterococcus bacteria issues have been maintained within a number of the creeks. Pages Creek, Barnards Creek and Motts Creek have recently decreased and stayed that way for the most part. The next step is to determine how to improve them going forward. In response to additional Board questions, Mr. Rosov explained that salinity level testing is done and the information is available in the full written report. What is verbally reported to the Board are the parameters that have levels or standards that are applied to them. Some of the other parameters don't have standards and in general no red flags have been raised for salinity. Going forward he will work on expanding the different parameters and provide some clearly defined recommendations that assist the County in deciding a path to follow. Chairman White thanked Mr. Rosov for the presentation. PRESENTATION AND UPDATE ON THE NEW HANOVER COUNTY PINE VALLEY BRANCH LIBRARY DESIGN Chairman White requested Victor Vines and Jeff Schroeder with Vines Architecture to make the presentation regarding the New Hanover County Pine Valley Branch Library design. Victor Vines and Jeff Schroeder with Vines Architecture reported that since September 2016, they have been working with the County and Library staff on the project and presented the following information: Vision Statement: New Hanover County Public Library is an exciting destination where people gather, ideas flourish, and the information and technology resources needed for a community to prosper are made freely available. People, Place and Platform: • A hub for civic and community engagement, fostering new relationships and learning for children through adults. • A welcoming space for a variety of purposes, not just for reading and consuming but, also for creating information. • A user - centered facility that provides opportunities for individuals and the community to gain access to a variety of resources to discover and create knowledge. • It supports the learning and civic needs of the community. Strategic Focus Areas: • Superior public health, safety and education NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 20, 2017 BOOK 33 PAGE 695 • Intelligent growth and economic development • Productive strategic partners • Strong financial performance • Effective county management Strategic Alignment: • Sustainability, comprehensive literacy, education and skill development, partnerships and alliances, health and wellness, resources and information, culture, and building community. • Making our diverse coastal community an inviting and sustainable place where families can grow and thrive. Three Main Project Goals: • To create a forward - thinking library with a focus on serving the needs of the full community (children, families, teens, adults, retirees, etc.) and embrace the concept of lifelong learning in all aspects. • To create the most flexible and interactive library space which is able to easily transform and adapt to the ever changing library (collection, technology and programmatic) and community needs. • To develop a library that is sustainable and embraces connection with the outdoor environment and programs which connect the community. Program Overview: • The Myrtle Grove Library is 6,900 square feet. The Pine Valley Library will be 16,000 gross square feet. • Existing item capacity at Myrtle Grove Library is 40,000. The Pine Valley Library will accommodate 50,000 and item shelving. • Entry: Lobby, main circulation desk, new releases, self - checkout area, and small coffee /cafe bar. • Collection and Associated Program Spaces: • Adult: Adult collection, quiet reading space, reading tables, and computers. • Children: Children's program room, children and family computers, and hands -on learning areas. • Teen: Dedicated teen space, gaming and community space and lounge seating. • Program and Study: • Multi- purpose: Large library program space and storage, maker lab and small group and individual study spaces. • Operations: • Staff. Staff workroom, volunteer space, breakroom, library storage, and 10 staff spaces in back of house areas. • Support: Friends of the Library space and IT /AV spaces. • Outdoor: Entry and maker plazas, outdoor event space and open site areas for informal use. • Community Outreach: Myrtle Grove Library staff, County and Library IT; Friends of the Library; Executive Leadership Team; Library Advisory Board; public community sessions; online questionnaires; and comment boards at Myrtle Grove Library. • What We Heard: Coffee and food; bright and light; flexibility; teen only area; more programs and spaces; quiet places; not just technology but interaction; and a destination. • Preliminary Construction Materials: • Exterior: Metal panel, fiber cement board siding and soffits, aluminum storefront glazing, and concrete pavers. • Interior: Stained concrete floors, carpet tile, vinyl floor tile, gypsum board, ceramic tiles (wet walls), lay -in tile /gypsum board ceilings, and painted exposed structure. • Project Schedule: Schematic design: through December 2016 (completed) Design development: January - March 2017 (currently in this phase) Construction documents: March - May 2017 • Approvals and bidding: • Construction: • Pine Valley branch opens: Project Cost Estimate: May 2017 — August 2017 August 2017 — December 2018 January 2019 • Total Base Bid Construction Cost (including site work): $4,575,000; 16,000 gross square feet; $286 per square foot. • Final costs will be unknown until receipt of the project bids in the summer. • Other Costs: • Design /construction contingency: $250,000 • Construction testing /special inspections: $60,000 • Design fees: $490,000 • Furniture /furnishings and equipment: $400,000 • Grand total estimated project budget: $5,775,000 In response to Board questions, Mr. Schroeder stated the design and needs are based on growth and expansion and the ability to do so will be in the primary areas of the building. The key is to be able to expand and have flexibility so the library can serve the community for many years. The dedicated staff space is approximately 25% of the space and includes storage. Recommendations will be made on how to involve the North Carolina Department of Transportation (NCDOT) about installing pedestrian crossing areas at the intersection of 17" Street and College Road. Chairman White thanked Mr. Vines and Mr. Schroeder for the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 20, 2017 PAGE 696 ADOPTION OF A RESOLUTION OF SUPPORT FOR ADEQUATE FUNDING TO MEET THE MENTAL HEALTH, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, AND SUBSTANCE USE DISORDER SERVICE NEEDS FOR CITIZENS OF NEW HANOVER COUNTY Trillium Health Resources CEO Leza Wainwright presented an update on Trillium and state funding. The State of North Carolina established the system for mental health, intellectual and developmental disability and substance use disorders as a partnership between state and county governments. The Trillium program involves 24 counties and is not only a creation of the State but also, in this case, a creation of New Hanover County because the County opted to be a part of Trillium. East Carolina Behavioral Health, one of Trillium's predecessor agencies, started in April 2012 operating the State Medicaid waiver program and in the 2 1/2 years the organization achieved a large savings. After four years of operating the program the savings have expectedly tapered off. The General Assembly understood when it instituted the waiver program there would be a savings. Over the past two fiscal years, the General Assembly reduced funding for mental health, mental disability and substance use disorders by approximately $264 million. During that time, the seven local management entity - managed care organizations operating the waiver program were required to fill the reduction by using their one -time savings. It was understood by the General Assembly that the funding would need to be restored in the 2017 -2019 biennium budget. Trillium has seen a reduction of approximately $40 million over the past two -year period. Ms. Wainwright reported that meetings have been held with Trillium's providers and clients receiving service and there have been no reports in service reduction during this time. Trillium has been spending the resources as instructed by the General Assembly. However, the point has been reached that if the non - recurring reductions are not permanently restored to the budget a reduction of services offered will be seen. This may affect such items as Trillium's reinvestment plan to use savings benefitting New Hanover County citizens to address the opioid epidemic and the planned Healing Transitions model that is to be built near the hospital. Ms. Wainwright further reported that after discussions with various legislators she believes there is significant understanding within the General Assembly that these were one -time reductions and done in an effort to cause the cash balances to be expended which has been successfully done. Due to the close partnership between Trillium, the counties serviced and state government, Trillium would appreciate support from New Hanover County in recognizing that partnership by endorsement of the proposed resolution. In response to Board questions, Ms. Wainwright stated the $40 million reduction covers 24 counties. To date, there has been no impact to New Hanover County. The language the General Assembly approved when the reduction was enacted stated the organizations had to serve the same number of people with the same services in the same amount. As of the fiscal year ending June 30, 2016, Trillium spent 105% of the required reduction to continue services at current levels. If funding is not restored and the reduction continues at the same level, Trillium will be looking at significant reductions 18 months into the next biennium budget. In response to additional Board questions, Ms. Wainwright stated she is very familiar with Leading Into New Communities, Inc. (LILAC, Inc.) and Coastal Horizons Center is one of Trillium's provider agencies. Trillium provides the bulk of Coastal Horizons' funding. She will make an effort to partner with LILAC, Inc. as they are serving a portion of the County's population that needs these services and the partnership would help LILAC, Inc. in this process. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the resolution of support for adequate funding to meet the mental health, intellectual and developmental disabilities, and substance use disorder service needs for citizens of New Hanover County. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 26.3. PRESENTATION OF THE FISCAL YEAR 2017 SECOND QUARTER FINANCIAL RESULTS Chairman White asked if there was consensus from the Board to not hear the presentation of the second quarter financial results for Fiscal Year 2017. Consensus: The Board agreed not to hear the presentation. Chairman White thanked Chief Financial Officer Lisa Wurtzbacher for her work in answering all of the Board's questions in the information provided in the agenda packet. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Utility Authority Chairman White reported that one vacancy exists on the Cape Fear Public Utility Authority for the Joint Appointee category, which is a joint appointment with the City of Wilmington, with eight applications available for consideration. Motion: Vice - Chairman Watkins MOVED, SECONDED by Commissioner Barfield to appoint Wesley Corder to serve the unexpired term on the Cape Fear Public Utility Authority for the Joint Appointee category with the term expiring on June 30, 2017, pending Wilmington City Council consideration. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment to the New Hanover County Board of Health Chairman White reported that one vacancy exists on the New Hanover County Board of Health in the Professional Engineer category with one application available for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, FEBRUARY 20, 2017 PAGE 697 Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to appoint Amy McLane to serve an unexpired term expiring December 31, 2017 in the Professional Engineer category on the New Hanover County Board of Health. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Board of Mechanical Examiners Chairman White reported that three vacancies exist on the Board of Mechanical Examiners with three applications available for reappointment and requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to reappoint Michael Callari, Thomas L. Crittenden Jr. and Ray McClory to serve two -year terms on the Board of Mechanical Examiners with the terms to expire August 31, 2018. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Special Board of Equalization and Review Chairman White reported that eleven applications were available for appointment to the 2017 Special Board of Equalization and Review with five applicants eligible for reappointment and six new applications available for consideration. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner Barfield, to reappoint Hector Ingram, Paul W. Magnabosco and Nancy Pritchett and to appoint William "Jason" Swan and Brad White as regular members on the 2017 Special Board of Equalization and Review with terms expiring March 31, 2018; and to appoint Hector Ingram as Chairman of the 2017 Special Board of Equalization and Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Board directed the Clerk to re- advertise for the alternate member positions. Appointment to the New Hanover County Tourism Development Authority Chairman White reported that one vacancy exists on the Tourism Development Authority in the Kure Beach Hotel Owner /Manager category with one application available for reappointment and requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, to reappoint Anne E. Brodsky in the Kure Beach Hotel Owner /Manager category to serve a three -year term with term to expire December 31, 2019. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Wilmington -New Hanover Port, Waterway and Beach Commission Chairman White reported that three vacancies exist on the Wilmington -New Hanover Port, Waterway and Beach Commission with two applicants eligible for reappointment and two new applications available for consideration. Motion: Commissioner Kusek MOVED, SECONDED by Vice - Chairman Watkins, to reappoint Dennis Barbour and Glenn McIntosh and appoint Eve Phillips to serve three -year terms on the Wilmington -New Hanover Port, Waterway and Beach Commission with terms to expire February 28, 2020. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON - AGENDA ITEMS Chairman White reported that no one had signed up to speak on non - agenda items. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 11:00 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 for review and checkout at all New Hanover County Libraries and online at www.nhcgov.com.