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2019-12-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 429 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 16, 2019, 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 Patricia Kusek; Commissioner Jonathan Barfield, Jr.; Commissioner Woody White; 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 Pastor Jonathan P. Conrad, St. Paul’s Evangelical Lutheran Church, provided the invocation and Commissioner Barfield 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: Vice-Chair Kusek MOVED, SECONDED by Commissioner Barfield, 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 Regular Meeting of December 2, 2019. Appointments of Commissioners to Various Boards and Committees – Governing Body The Commissioners approved the list of New Hanover County Commissioner appointments to various Boards and Committees for 2020. A copy of the list of New Hanover County Commissioner appointments to various County Boards and Committees for 2020 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 39.1. Approval of Final Recommendation of Proposed Certified Voting Systems for Adoption and Acquisition – Elections The Commissioners approved the final recommendation of the Board of Elections regarding selection of certified voting systems for adoption and acquisition. New Hanover County has the following voting equipment inventory: iVotronic Voting Terminals (DRE) - 110; iVotronic Supervisor Terminals (DRE) -2; Model 100’s (Optical Scan) - 70; Model 650 (High Speed Optical Scan) - 1. In accordance with Session Law 2018-13 (Senate Bill 486), Direct Record Electronic (DRE) iVotronic voting equipment was decertified in the State of North Carolina on December 1, 2019, unless otherwise authorized by the NC State Board of Elections. The State Board may authorize a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied: 1.The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county. 2.The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections. 3.The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163-165.9. Although County Boards of Elections in North Carolina are required to replace DRE voting systems only, the New Hanover County Board of Elections requested a full voting system replacement for FY 19/20. The New Hanover County Board of Elections currently has $947,669 in the approved FY19/20 budget for this expenditure. The public contracting and procurements statutes do not apply to the purchase of certified voting systems. Before approving the purchase of a new certified voting system, the New Hanover County Board of Elections was required to complete the following: 1.Witness a demonstration of the recommended type of voting system plus at least one other certified type of voting system, if there is more than one certified vendor. 2.Make a preliminary recommendation to the board of county commissioners as to which type of voting system should be acquired. 3.Test the proposed voting system in at least one precinct on Election Day where the voting system would be used if adopted. 4.Seek State Board approval to replace the current voting system. 5.Make a final recommendation to the board of county commissioners. The New Hanover County Board of Elections witnessed a demonstration of two voting systems certified by NC State Board of Elections, ES&S and Hart InterCivic, at the September 10, 2019 board meeting. The third vendor, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 430 Clear Ballot, did not respond to the request for a demonstration or additional information regarding their voting systems. The New Hanover County Board of Elections was required to take official action to preliminarily recommend a voting system before testing the proposed voting system in a precinct on Election Day during the 2019 Municipal Elections and chose to document their recommendation via a resolution adopted October 1, 2019. The proposed voting systems were successfully tested during the 2019 Municipal Elections and the New Hanover County Board of Elections has received approval from the NC State Board of Elections to purchase the proposed new voting system pending approval of the New Hanover County Board of Commissioners. Approval of Five Donations for Accession into the Museum’s Permanent Collection – Museum The Commissioners approved a list of five items to be accessioned into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at the meeting on November 13, 2019 and a list of the items is available for review at the Cape Fear Museum. Board of Education Budget Amendment #2 for Information – Budget The Commissioners received information on Budget Amendment #2, approved by the Board of Education on November 5, 2019, which includes the following for fund balance appropriations and county capital appropriations:  Fund Balance Appropriation: Transfer $27,360 from desktop replacements to Voice over Internet Protocol (VoIP) to cover project costs.  County Capital Appropriation: Transfer funds totaling $35,000 from cancelled JC Roe project to seclusion rooms needed at various sites. JC Roe project cancelled based on recommendations from NHCS Maintenance that, upon further investigation, planned asbestos abatement at JC Roe is not required. The budget amendment is presented for information. NCGS 115C-433 requires approval by the Board of County Commissioners for transfers between capital projects only if the funds are appropriated by project. The current budget ordinance does not appropriate funds by project for New Hanover County Schools. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2020:  Health 20-035, 20-036  Juvenile Crime Prevention Council 20-040  Library 20-017  NCSU Extension Service 20-019  Senior Resource Center 20-022  Sheriff’s Office 20-023, 20-024, 20-025, 20-026, 20-027, 20-028, 20-029, 20-030, 20-032, 20-033  Various 20-038 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 39.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Robert Blake, Sheriff’s Office, retiring with twenty-eight years of service Loretta Murphy, Social Services, retiring with thirty-one years of service Chair Olson-Boseman presented retirement awards to the retirees and the Commissioners expressed appreciation and thanked them for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Bradley Schuler, Planning and Land Use Loretta Wrotham, Health Robert Zapple, County Commissioner Ten Years: Jennifer Nease, Community Justice Services Marissa Notarangelo, Health Fifteen Years: Christopher Boswell, Sheriff’s Office Edna Johnson, Sheriff’s Office Nano Scott, Sheriff’s Office Twenty-Five Years: David Swan, Sheriff’s Office Thirty Years: William Shiver, Tax 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 431 County Manager Coudriet requested the following new employees to stand and be introduced: Jorge Acevedo, Environmental Health Tanya Anderson, Social Services Theodora Angelis, Property Management Shontae Bell, Social Services Julia Griffin, Senior Resource Center Brice Jackson, Environmental Health Rachel Lacoe, Planning and Land use Michael Volkmar, Communications and Outreach The Commissioners welcomed the employees to County Government and wished them success in their new positions. APPROVAL OF JUVENILE CRIME PREVENTION COUNCIL (JCPC) FULL-TIME GRANT-FUNDED POSITION VIA RAISE THE AGE EXPANSION FUNDING AND ADOPTION OF BUDGET AMENDMENT 20-034 Community Justice Services Director Chris Preston stated the Board is being asked to authorize $21,783 in the Juvenile Crime Prevention Council (JCPC) Raise the Age expansion funding to fund a full-time Community Service and Restitution (CSR) program assistant through the end of this fiscal year. The timing of the request is directly related to the Raise the Age law that took effect December 1, 2019. There is an also an increase in expansion dollars for the Juvenile Crime Prevention Council. The money is recurring in the state budget and it is believed the position is sustainable on a year over year basis moving forward. The position will allow for better service to the significant increase in youth that will be seen as a result of Raise the Age, particularly older youth. It will also allow for the work groups to be separated out according to age and maturity level, while still offering enhanced programming such as the Job Skills Development Program. This will be all the more relevant given the increase in age of the youth that will be seen. Community service for some time has been the go to dispositional alternative utilized through court as well as diversion programs to handle the accountability piece of juveniles entering the system. In response to Board questions, Mr. Preston stated the state funds are recurring in the budget through the end of this fiscal year and through the next fiscal year. It is anticipated the services can be maintained just the same as has been done over the past decade with the other JCPC funded positions. It was thought highly enough of on a bipartisan basis to include it as one of the pieces of the state budget to be passed. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White, to approve the addition of a full-time CSR Program Assistant Position to be fully grant-funded via JCPC expansion dollars and adopt the ordinance for Budget Amendment 20-034. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, 39.3. ADOPTION OF BUDGET AMENDMENT 20-037 TO ACCEPT A NORTH CAROLINA DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION 404 BUYOUT/407 DEMOLITION GRANT AWARD Emergency Management Assistant Director Anna McRay stated the Office of Strategy, Federal Emergency Management Agency (FEMA), and North Carolina Division of Emergency Management have developed a project scope utilizing 404 Buyout/407 Demolition Hazard Mitigation Grant Program (HMGP) and Public Assistance (PA) grant funding in the amount of $2,494,590. The project scope includes the acquisition and demolition of 11 residential structures located in the Special Flood Hazard Area and deemed substantially damaged during Hurricane Florence. The deeds to the properties will be transferred to New Hanover County with the restrictions imposed for the sites to remain as open space in perpetuity. The County will perform all maintenance on the parcels as required. No county match is required. In response to Board questions, Ms. McRay stated the signature paperwork is in the finishing stages and should be in hand by the end of the week with the $2.4 million forthcoming once everything is signed. One homeowner moved out of the area prior to Hurricane Florence, another homeowner helped their tenants find new rentals, some are living with family, and some are living in their homes after temporary repairs were done to their residences. It is important to note that the Board approved this project scope almost a year ago to the date. The process is moving forward quickly with these expedited acquisitions, particularly when looking at other localities affected by Hurricane Matthew and by Hurricane Florence who are still awaiting assistance. In response to additional Board questions, Strategy Analyst Eliza Baldwin confirmed that the homes are in close proximity to each other. Several homes on Avon Court were severely damaged, which is in the northern part of the King’s Grant subdivision. Ms. McRay added that the perpetuity clause simply means the sites have to be maintained as green spaces and residential structures cannot be built on the sites again. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 432 Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Zapple, to adopt the ordinance for Budget Amendment 20-037 to accept the North Carolina Division of Emergency Management Hazard Mitigation 404 Buyout/407 Demolition Grant Award funds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, 39.4. ADOPTION OF SEDIMENT AND EROSION CONTROL ORDINANCE REVISIONS County Engineer Jim Iannucci stated the New Hanover County Engineering Department manages the Sediment and Erosion Control Program for the unincorporated county and the City of Wilmington. This is a locally delegated program that periodically receives ordinance updates from the Sediment and Erosion Control Commission. The ordinance is held as part of the County ordinances and changes are received from the state. Ultimately, staff would like to work this ordinance into the Unified Development Ordinance (UDO). In regard to the changes being presented during this meeting, there are some operational and administrative changes that staff does not feel will affect the management the program. Staff will continue to work with permit holders and the general public to assist with compliance and protect the natural resources. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner White MOVED, SECONDED by Vice-Chair Kusek, to adopt the updates and direct staff to incorporate the changes into the ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF A RESOLUTION CREATING A STORMWATER SERVICES PROGRAM AND BUDGET AMENDMENT 20- 039 County Engineer Jim Iannucci presented the following information regarding the Stormwater Services Program:  What We Currently Do:  Stormwater Inspector investigates stormwater complaints in the unincorporated county  If a deficiency is identified, the property owner is responsible and must correct it at their own expense  A Capital Improvement Program fund of $140,000 per year is used to construct stormwater improvements that benefit the community  Since September 2000, new construction must get a stormwater permit and control runoff to the predevelopment rate  Stormwater Services Maintenance:  The program would begin July 2020  The County will maintain all stormwater conveyances that carry runoff across the county  Property owners would only be responsible to maintain permitted systems on their property  In the first year, maintenance would be completed by contractors to keep the system functional  Maintenance will then transition to include personnel and equipment to perform these duties  Stormwater Services Capital:  Capital would include projects that improve the system  Capital could fund improvement of the existing conveyances as well as fund new systems  Larger scale projects and specialized work will be completed by contractors  Funding and grants such as Emergency Watershed Protection and Hazard Mitigation Grant funding would be used in conjunction with capital  Stormwater Services Fees:  Residential properties to be billed a flat rate of $5.65 per month or $67.80 per year  Equivalent Residential Unit (ERU) based on 4,000 square feet  Non-residential to be billed per the measured amount of impervious surface on the property  Undeveloped properties will not be billed but will be required to maintain existing stormwater conveyances  Fee will be attached to the county tax bill  A credit of 31% for all eligible properties  The federal side of the airport will not be billed per legislation  Stormwater Services Request:  Adopt the resolution establishing the Stormwater Services Program within the Engineering Department  Approve thirteen new positions within the Engineering Department that will focus solely on stormwater  Accept the stormwater fee schedule pending budget adoption  Direct staff to update the New Hanover County Stormwater Ordinance to reflect the change in maintenance responsibility  Stormwater Services Next Steps:  Public meetings in the first quarter of 2020  Budget process  Approve the Stormwater Ordinance  Final document from Raftelis Financial Consultants, Inc. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 433  Begin the program in July 2020  Assess the stormwater system and map our priority needs  Begin maintenance in July 2020 with contractors  Transition to hiring staff and performing the maintenance In response to Board questions about the ordinance not placing a burden on people to go downstream or offsite, Mr. Iannucci stated that is heard a lot and staff would want to look at this from a systems standpoint and not create an undue burden. Partnering with the North Carolina Department of Transportation (NCDOT) has been looked into and there have also been discussions with the City of Wilmington. If there is a culvert that is not allowing flow, staff would probably work with NCDOT to get it coordinated and corrected at the same time in order to not create a downstream situation. Commissioner White stated he would like to see a reauthorization on the ordinance, similar to the landfill tip fee or the fire tax, where the program comes back before the Board in two to three years via a staff presentation on whether or not the projections have come to fruition and the Board considers whether or not to reauthorize the program. He recognizes there are contracts in the field, the program will be midstream getting off the ground, and fully expects the program to be in existence years from now. While he is glad to see this program come forward, he wants to ensure there are constant eyes on the fees and things that government programs should have such as a sunset provision or at least a reauthorization so future boards can review and make adjustments. While he knows that will happen in the budget process year over year, the word “reauthorization” is a different concept. He asked for the County Manager’s input on whether he would recommend it or should the Board take a motion for a two or three-year reauthorization. County Manager Coudriet stated that he does not have an opinion, but if it is the prerogative of the Board, it could direct staff to bring forward at the 36-month point in time a presentation on the successes and then make policy decisions from then. However, he would not like to ask the staff to proceed with a substantive utility within the unincorporated county and there not be certainty and longevity to it. Staff could present a report on the success that has occurred, a recalibration of costs if that is necessary, and seek guidance from the Board about continuing or revisiting. Commissioner White stated he is certainly sensitive to that and asked about having a reauthorization every five years as he feels strongly an elected board needs to review and determine if the program can continue. He fully expects it to happen, but if he is being asked to vote to create a new government program with fees, he wants to make sure that eyes are looking at it later that reauthorize it. He asked County Manger Coudriet if five years would make him more comfortable. County Manager Coudriet stated that is a bit longer and he thinks staff will have better rates of success, but whether or not it should be time limited, he thinks should be a matter for the Board to decide. Commissioner White stated the state deals with this and it is never known what will change upstream from here. 50 years from now if there is a stormwater fee that is still in place and not reauthorized, he has a problem with that. He thanked Mr. Iannucci for responding to his questions as he thinks the ordinance language on the downstream and off site issues are critical as the County does not want to have someone pay for or maintain someone else's issue. Mr. Iannucci stated in an effort to provide some clarification, the flat rate of $5.65 per month was decided by looking at the program over a five-year period, looking at the services, and not wanting to raise the rate year after year. It is an amount that was determined could be held steady. In response to Board questions, Mr. Iannucci confirmed that if it is a ditch carrying water across the County, that would be something that is maintained by the County. If it is not in an easement, staff might have to obtain permission and look to obtain the easements as staff works forward. To provide additional clarification, the drainage easements the County has would be an encumbrance overtop of a property. The property owner would still own the property and the County would only maintain the conveyance. For properties within the NCDOT right of way, NCDOT would clean them out. Once it leaves the NCDOT right of way, the County would maintain it. As to pipes under driveways off the roads, a majority of the time the pipes are part of the permitted system and the NCDOT system. A lot of times they are maintained by the neighborhood. As to a neighborhood with a homeowners’ association (HOA), if the HOA or County would be responsible, Mr. Iannucci stated that if it is part of the permitted system and water flows to the neighborhood pond through the driveway pipes, the HOA would be responsible. If the driveway pipes are just carrying water through the neighborhood, the County would maintain them. In response to additional Board questions, Mr. Iannucci stated that the stormwater fee for the City of Wilmington (City) is $8.27. There have been several meetings with the City and where the two systems come together, he thinks there would be coordination. Moving forward, he thinks there definitely are things staff can work with the City to do. County Manager Coudriet stated he wanted to make sure for the public that it is understood the City fee is in the incorporated limits only. The fee for the program being requested today would only apply to parcels in the unincorporated county. In response to Board questions, Mr. Iannucci stated this program would definitely help the residents in the Wrightsboro area. He and his team met with the community to answer specific questions for the area. Not only will the maintenance help because the work will be done in a coordinated effort, but staff will also be looking at how to do system wide improvements and how to correct long standing issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 434 In response to Board questions, Mr. Iannucci stated the process in place to address blockages on vacant land would solve the issue of it being remedied by the property owner and if not, then the County would step in. If there is a blockage on vacant property causing an issue on another property, the property owner of the vacant land would be forced to correct it. Commissioner Barfield stated as it relates to Commissioner White’s comments, he looks at this program sort of like the landfill, which has an enterprise fund that was started many years ago. Overtime, the Board has adjusted the tip fee rates up and down, depending on what is seen in terms of flow. He would want to give the County Manager’s office as much latitude as possible to make sure first, there is longevity and secondly, certainty for the employees that are hired to know they are going to have a job four, five, six years down the road. Again, just as with the landfill, he has seen the rates go up and down and as funds come in he thinks all boards should have the ability to adjust those fees. He does not want to put limitations on the timeframe. Commissioner Kusek stated she is prepared to make a motion that includes the five-year authorization. She stated this has been in the works for three years, it is important to the entire Board, and acknowledged the work of former County Commissioner Skip Watkins to get this program started. Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner White, to adopt the resolution as amended to include a five (5) year reauthorization and adopt budget amendment 20-039 to utilize drainage Capital Improvement Project funds to update the Stormwater Ordinance for approval in June 2020. Vice-Chair Olson-Boseman asked if there was any further Board discussion. In response to Board questions, County Manager Coudriet stated the Board, through the annual budgeting process, has the ability to make an effect on the fee and use of the money that is driven by fees every year. One of the things administratively staff was and is committing to the Board is if it proceeds today, unless the Board resets the policy priorities, staff can deliver the service to the Board at $5.65 a month for five consecutive years. Staff factored for the work that needs to be done. Staff can provide the Board during the budget deliberations a good snapshot of the work accomplished, what the positive effect in the community is, and what the scope of work, not just for the next 12 months, but the next 24-months is, and give a forward projection of what staff is going to do. This may inherently address the concern that there may be a program that is not being held and presented to the Board with some degree of accountability on an annual or every other year basis. He reconfirmed that if the plan does not work, if improvements are not seen, the Board has the ability to look into it and cutback funding every year. Commissioner Zapple stated based on this information, the Board has a fair amount of control as is. In response to Board questions about this program overall having a positive effect in the Lendire Road area, Mr. Iannucci stated it is being looked at from a watershed basis. Lendire Road is part of the Smith Creek watershed which is one of the priority watersheds. Staff looked at identifying areas to remove the trees and sediment to get it to pre-Florence condition, but also to do system wide improvements whether it is with Hazard Mitigation Grant Funds to do applying and design, or if it is design the staff does on its own, but that is an identified area through that corridor, through the proposed Military Cutoff extension project, and now through Smith Creek. There are projects identified in every single watershed. The priority ones were Prince George and Smith Creek, which encompass the northern part of the County. Commissioner White asked County Manager Coudriet if the $5.65 is determined to be the correct rate, would it keep a fund balance in the enterprise fund and also if it is correct there is no Local Government Commission (LGC) requirement in this fund. County Manager Coudriet confirmed there is no LGC requirement, the balance could be zero or accumulate a little bit overtime. Regarding if the County would be restricted as to how to use the funds as it is with the Environmental Management Fund or is this a self-created enterprise fund so it is not restricted, County Manager Coudriet stated he does not know the answer, but can report back to the Board with a response. He is aware of specific state legislation that minimizes the transfer of revenue from the enterprise fund to the general government fund when it is related to the landfill. There are basic provisions with water and sewer and others that allow for transfers but only after there is guaranteed coverages of the cost in the enterprise fund. He believes that would be applicable here as well. He does not know about the latitude of transitioning on an annual basis or periodically through budget amendments from the enterprise fund to the general fund, but it would always require Board authorization. Staff would not have the ability to move money from an enterprise fund into the general fund or elsewhere even if it is into a Capital Improvement Project Ordinance without Board authorization. After further discussion about fund accumulation in this program, Commissioner White stated with yearly oversight he is comfortable with making a substitute motion that would be without the five (5) reauthorization requirement. He knows there is an accumulation of cash through the landfill tip fee in the enterprise fund that is untouched due to the restrictions on how it can be used. The County has met every state obligation with the closure, responsibilities, and lowered the tip fee five of the last six years, and there continues to be an accumulation of money. The stormwater is different, services are different and he thinks there will be a lot of money spent in the first few years to do bigger projects and he understands that. He thinks each Board needs to look hard at that. Five years from now, if it's accumulated money, it should be lowered, adjusted appropriately, or eliminated 20 or 30 years from now if things change. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 435 Substitute Motion: Commissioner White MOVED, SECONDED by Commissioner Barfield, to adopt the resolution as presented and adopt budget amendment 20-039 to utilize drainage Capital Improvement Project funds to update the Stormwater Ordinance for approval in June 2020. Vice-Chair Olson-Boseman asked if there was any further Board discussion. In response to Board questions, County Manager Coudriet reiterated this program will come back before the Board. The Board has to establish the monthly or annual fee. Staff is projecting to the Board; it is not staff’s intention to ask for an increase for at least the first five years. Staff will always make a point to offer a presentation as is done on a number of programs, what the success has been, what is projected to be done moving forward, and the big problems that are being looked at to solve. Since it is a utility, rates have to be set that cover the costs. There is the ability to generate some additional cash to make investments in the future. The statute does require that the County does not set an artificially high rate to generate revenue unnecessarily. Much of the increase in cash on hand in the solid waste fee has been increasing volumes. Staff has worked hard to reinvest that to do cash payments for expansion of the landfill adding in sales as opposed to debt proceeds. There is a natural check and balance that staff cannot, even if it was the Board's choice, to generate excess revenue above what is necessary for the program. The statute, he believes, would not allow the County to do that on the enterprise. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the substitute motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and budget amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, 39.5. ADOPTION OF A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $3,700,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020 Chief Financial Officer Wurtzbacher presented the following information regarding the issuance of not to exceed $3,700,000 General Obligation School Bonds, Series 2020:  $3.7 Million General Obligation Bonds – New Hanover County Schools:  Background and Timeline:  New Hanover County Schools:  To fund renovations, improvements, and capital costs  Not to exceed $3.7 million  Timeline:  Approval of resolution and form documents December 16, 2019  Preliminary Official Statement released January 10, 2020  Sale Date of January 22, 2020  Closing date of February 11, 2020  Debt Management: * Calculations use amounts in adopted fiscal year 2020 budget  Requested Action: Estimated Impact* 2019 Actual $3.7 million average annual debt service $246,457 n/a $3.7 million impact on debt per capita 15.3 1,764 $3.7 million impact on debt to assessed value .01% 1.2% $3.7 million impact on debt service to operational .07% 14.5% expenditures  Previously approved by voters: No public hearing required  Approving resolution and form documents: Notice of Sale and Preliminary Official Statement In response to Board questions, Ms. Wurtzbacher stated that there is a list of which schools will be impacted through the renovations and site improvements. They are New Hanover High School, Johnson Pre-K Center, the general child nutrition for generators for walk-in freezers, JC Roe Center, Winter Park Elementary, SEA-Tech High School, and Bellamy Elementary. She has not seen anything for Isaac Bear and that does not mean there will not be improvements there, but there is nothing included for this issuance. Commissioner Zapple thanked Ms. Wurtzbacher for providing the list as there has been great interest in site improvement and renovations in the schools. Commissioner Barfield stated there have been conversations about Isaac Bear Early College High School (IBECHS) and he has been very vocal in his concern that the state needs to handle their obligation to IBECHS. It has been inferred in recent meetings that parents should come to the County Commissioners requesting funding to move temporary facilities from UNCW to across the road to accommodate IBECHS. In his opinion, that is the role of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 436 UNCW as it was given the mandate to do it by the state. He knows the County funds to an extent Wilmington Early College as one of the other public schools and he would not like to see a shift and shaft of responsibilities or unfunded mandates come to the County for UNCW. He thinks there has been a conversation about donating the land to the school system so the County could fund building a facility on UNCW property. Again, that's a shift in the responsibility of UNCW to local government which again, has been given a mandate by the state to do that. He requested that the County Manager find a way to communicate a strong message to the UNCW Chancellor that this is the obligation of UNCW, not the Board of County Commissioners’ obligation to maintain facilities for IBECHS. County Manager Coudriet stated he would do it. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Kusek, to adopt the resolution of the Board of County Commissioners of New Hanover, North Carolina Providing for the Issuance of Not to Exceed $3,700,000 General Obligation School Bonds, Series 2020. 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 XLI, 39.6. PUBLIC HEARING AND APPROVAL OF REQUEST BY NEW BEGINNING CHRISTIAN CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A CHILD CARE CENTER AT 3120 ALEX TRASK DRIVE, WITHIN THE R-20, RESIDENTIAL DISTRICT (S19-03) Chair Olson-Boseman opened the public hearing and announced that the special use process requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Wayne Clark Brad Schuler Ken Vafier Ron Meredith Gideon Smith Robert L. Campbell Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. She then asked Senior Planner Brad Schuler to start the presentation. Senior Planner Brad Schuler presented the request by New Beginning Christian Church for a Special Use Permit (SUP) to operate a child care center at 3120 Alex Trask Drive, within the R-20, Residential District. The applicant is seeking to obtain an SUP to operate Brighter Beginnings Early Learning Center, a child care center, at the New Beginning Christian Church, with two components: 1) a child care center serving children from ages 2-12; and 2) an after school program serving elementary to middle school-aged children. The site is located north of the Wrightsboro commercial node, between Castle Hayne Road and Blue Clay Road. The surrounding area is mostly zoned for residential uses and consists primarily of single-family dwellings. There is sufficient parking to accommodate the proposed daycare. The operation will take place within the existing church and will not require any expansion to the building. The church did install a fence along the south side of the property for an outdoor play area. The daycare will operate from 7:00 a.m. to 6:00 p.m. Monday-Friday, and will also include an after school program for elementary aged children. The Church will pick up these children from the Castle Hayne, Murrayville, and Wrightsboro elementary schools. The proposed child care center is estimated to generate about 70 trips in both the AM and PM weekday peak hours. As for traffic, the recent counts taken by the Wilmington Metropolitan Planning Organization (WMPO) show that there is existing capacity in the surrounding roadway network to accommodate the trips generated by this proposal. There is one State Transportation Improvement Project (STIP) planned for the area that will make improvements to Castle Hayne Road from I-140 to the Martin Luther King, Jr. Parkway. Bidding of the STIP project is currently expected to begin in 2024. The 2016 Comprehensive Land Use Plan classifies the subject site as Community Mixed Use and General Residential. The proposal is generally consistent with the 2016 Comprehensive Land Use Plan because it provides child care services that can support nearby residential neighborhoods, in line with the recommended mix of uses for both Community Mixed Use and General Residential place types. As this is an SUP matter, the Board must make the four following conclusions to approve the request: 1.The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2.The use meets all required conditions and specifications of the Zoning Ordinance. 3.The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 437 4.The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. These conclusions must be based on substantial and competent evidence presented at this hearing. Staff has provided preliminary findings in the staff report, however, the Board does have the discretion to add to or modify these findings based on substantial evidence provided during this meeting. The Planning Board considered this application at the November 7, 2019 meeting and recommended approval of the application (7-0) and did not place any conditions on the proposal. Chair Olson-Boseman thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. Robert L. Campbell, Pastor of New Beginning Christian Church, stated that Brighter Beginnings Early Learning Center is a subsidiary of New Beginning Christian Church. In looking at the requirements that this center not negatively impact the community, he thinks the criteria is met. With the growth being seen in the community, the center is a needed asset. Where the church is and where the center will be located one can look from the parking lot into the playground of the Wrightsboro Elementary School. The site is adjacent to Rachel's Place subdivision, which is building over 120 units of single family housing. Brighter Beginnings Early Learning Center (BBELC) is not a secondary thought for New Beginning Christian Church (NBCC). When the decision was made to build the church, the members already had BBELC in mind. The church was specifically designed and engineered to accommodate BBELC. All of the County requirements were met and approval was received to inhabit the church, but there is a need for the SUP in order for BBELC to exist. As the floor plan was written out, each room shown on the floor plan was designed to accommodate the early learning center. The requirements of the center were known as each room meets the state and local requirements down to the height of the sinks, the fact that there had to be doors and be wired for cameras, and even in the fellowship hall, a divider was built for that room for noise reduction. Again, this is not a secondary thought, it is a primary thought. Pastor Campbell then reviewed the driveway access. There is a tertiary entrance to the site and in looking from the site and the secondary road, if there was a need for traffic, it can be used. The traffic did not trigger a study. NBCC has met all of the state and local requirements as far as inspections for the building and early learning center requirements. It also has the provisional license. As to sanitation standards and fire inspections, NBCC has already purchased and equipped the building with the appropriate equipment for each classroom. Pastor Campbell concluded the presentation stating that NBCC believes it is a positive part of the community. NBCC also believes that the location and the development speaks to being a great thing at a great time. The hope is that the Board will approve the SUP that will allow the BBELC to officially open. Chair Olson-Boseman stated that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White, to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the finding of facts included in the staff summary. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 78. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Museum Advisory Board Chair Olson-Boseman reported that one vacancy exists on the Cape Fear Museum Advisory Board with three applications available for consideration. Vice-Chair Kusek nominated Susan Barbee for appointment. Commissioner Zapple nominated Eileen O’Malley for appointment. Commissioner Barfield nominated Diana L. Hill for appointment. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: A majority of the Board voted to appoint Susan Barbee to the Cape Fear Museum Advisory Board to serve an unexpired term with the term to expire June 30, 2022. Chair Olson-Boseman, Vice-Chair Kusek, and Commissioner White voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 438 Appointment to the Cape Fear Public Transportation Authority/WAVE Transit Authority Chair Olson-Boseman reported that one vacancy exists on the Cape Fear Public Transportation Authority/WAVE Transit Authority with seven applications available for consideration. Commissioner Barfield nominated Marcus Lacewell for appointment. Vice-Chair Kusek nominated Brittany Patterson for appointment. Commissioner Zapple nominated Philip White for appointment. Commissioner White nominated Kevin Maurer for appointment. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: The Board voted 1 TO 4 to appoint Marcus Lacewell. Commissioner Barfield voted in favor. Vote Results: The Board voted 1 TO 4 to appoint Keven Maurer. Commissioner White voted in favor. Vote Results: The Board voted 2 TO 3 to appoint Brittany Patterson. Chair Olson-Boseman and Vice-Chair Kusek voted in favor. Vote Results: The Board voted 2 TO 3 to appoint Philip White. Commissioners Barfield and Zapple voted in favor. Chair Olson-Boseman stated there was a tie vote for two applicants and asked the Board to vote on those applicants. Vote Results: The Board voted 3 TO 2 to appoint Brittany Patterson to the Cape Fear Public Transportation Authority/WAVE Transit Authority to serve a three-year term with the term to expire December 31, 2022. Chair Olson-Boseman, Vice-Chair Kusek, and Commissioner White voted in favor. Vote Results: The Board voted 2 TO 3 to appoint Philip White to the Cape Fear Public Transportation Authority/WAVE Transit Authority to serve a three-year term with the term to expire December 31, 2022. Commissioners Barfield and Zapple voted in favor. Appointments to the New Hanover County Adult Care Home Community Advisory Committee Chair Olson-Boseman reported that up to eleven vacancies exist on the New Hanover County Adult Care Home Community Advisory Committee with two applicants eligible for reappointment and two applications available for consideration. Vice-Chair Kusek nominated Denice Shackelford and Shirley Southard for reappointment and Marla Barthen and Ida R. Smith for appointment. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint to the New Hanover County Adult Care Home Community Advisory Committee Denice Shackelford and Shirley Southard to serve three-year terms with the terms to expire December 31, 2022, and to appoint Marla Barthen and Ida R. Smith to serve initial terms with the terms to expire December 31, 2020. Appointment to the New Hanover County Non-County Agency Funding Committee Chair Olson-Boseman reported that one vacancy exists on the New Hanover County Non-County Agency Funding Committee with two applications available for consideration. Vice-Chair Kusek nominated Gail A. Eddie for appointment. Commissioner Zapple nominated Nancy Pritchett for appointment. Commissioner Barfield seconded the nomination. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: The Board voted 2 TO 3 to appoint Nancy Pritchett in the Seniors/Elders category to the New Hanover County Non-County Agency Funding Committee to serve an unexpired term with the term to expire June 30, 2021. Commissioners Barfield and Zapple voted in favor. Vote Results: The Board voted 3 TO 2 to appoint Gail A. Eddie in the Seniors/Elders category to the New Hanover County Non-County Agency Funding Committee to serve an unexpired term with the term to expire June 30, 2021. Chair Olson-Boseman, Vice-Chair Kusek, and Commissioner White voted in favor. Appointments to the New Hanover County Nursing Home Community Advisory Committee Chair Olson-Boseman reported that up to three vacancies exist on the New Hanover County Nursing Home Community Advisory Committee with two applications available for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 439 Chair Olson-Boseman nominated Kayla W. Johnson and Stephanie Smith for appointment. Commissioner White seconded the nominations. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Kayla W. Johnson and Stephanie Smith to the New Hanover County Nursing Home Community Advisory Committee to serve initial terms with the terms to expire December 31, 2020. Appointment to the New Hanover County Risk Management Advisory Committee Chair Olson-Boseman reported that one vacancy exists on the New Hanover County Risk Management Advisory Committee with one application available for consideration. Commissioner Zapple nominated William K. Hale for appointment. Chair Olson-Boseman seconded the nomination. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint William K. Hale to the New Hanover County Risk Management Advisory Committee to serve an unexpired term with the term to expire September 1, 2022. Appointments to the New Hanover County Tourism Development Authority Chair Olson-Boseman reported that four vacancies exist on the New Hanover County Tourism Development Authority with two applicants eligible for reappointment. Vice-Chair Kusek nominated Christine Divoky and Natalie H. English for reappointment. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Olson-Boseman called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Christine Divoky in the Tourist Attraction category and Natalie H. English in the Chamber of Commerce Category to the New Hanover County Tourism Development Authority to serve three-year terms with the terms to expire December 31, 2022. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that one person signed up to speak on non-agenda items and invited the speaker to step forward. Clarice Reber, resident of Blue Heron Drive, stated she is with the League of Women Voters of the Lower Cape Fear (the League) and is here to register the organization’s concern about the cancellation of the agenda review meetings. As a consequence, New Hanover County citizens do not have time to provide their concerns to the Board prior to the Board’s actions. The League is a non-partisan political organization and does not support political parties or specific candidates, but does study and discuss political issues and take positions on political activities. It has a long standing position on the citizens’ right to know and public participation. It believes that a democratic government depends upon informed and active participation in government, which requires that government bodies protect the citizens’ right to know by giving adequate notice of proposed actions, holding open meetings, and making public records accessible. As such, the League is concerned about the cancellation of the agenda review meetings due to the difficulty for citizens to learn about items under the Board’s consideration without the public agenda review. Only looking at the item does not give the what and why, the pros or cons, nor from where it came. In the past, the public has relied on the press to bring attention to matters to be discussed and voted on during the Board meetings. The agenda review meetings have often been the source of the information. Observers have noticed more information comes up at the agenda review meetings than is available on the online agenda documents. Often times, more discussion occurs on Thursday than Monday. The League is aware there is no public comment at the agenda review meetings and constituents have other ways to communicate with the Board. There was no previous warning that the motion to cancel agenda review meetings would come forward. No citizen input by public comment or personal contact, was able to occur prior to the vote. The League requests the Board reinstate the agenda review meetings to keep constituents informed and able to participate actively in local government. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield stated that he serves as the District 4 Commissioner Representative on the NCACC Board of Directors, which covers New Hanover, Pender, Columbus, and Brunswick counties. The December meeting of the NCACC Board of Directors was held in Washington, D.C. There was an opportunity to meet with the congressional delegation, which included Senators Burr and Tillis. During the meeting, he asked about I-40 being elevated in light of the issues that arose with Hurricanes Matthew and Florence. Senator Burr shared with him that in his opinion, I-95 is what is pressing and important and a TIGER grant was found to help elevate it where it has flooded. Senator Burr felt the I-40 flooding was a one-off event and although there is a plan in place, there is no dedicated funding for it. Commissioner Barfield was under the impression from serving on the Wilmington Metropolitan Planning Organization Transportation Advisory Committee (WMPO/TAC) there were resources to elevate I-40. The group also visited Arlington National Cemetery and laid a wreath at the Tomb of the Unknown Soldier. He also reported on attending the Wreaths Across America event at the Wilmington National Cemetery. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 16, 2019 PAGE 440 ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 10:26 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.