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Agenda 2020 01-21NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board JANUARY 21, 2020 9:00 AM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Reverend Dr. Patricia L. Freeman, St. Phillip AME Episcopal Church) PLEDGE OF ALLEGIANCE (Chair Olson - Boseman) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Request Grant Funds from the Department of Homeland Security /Federal Emergency Management Agency 3. Adoption of National Radon Action Month Proclamation 4. First Reading: Approval of Solid Waste Franchise for Top Shelf Waste Systems I nc. 5. Appointment to New Hanover County Fire Rescue Firefighters Relief Fund Board 6. Approval of N H C Board of Education Amendment to an Application for the NC Education Lottery Funds ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 7. Presentation of Service Awards and Introduction of New Employees 20 8. Partnership Advisory Group (PAG) Update 10 9. Presentation of the Audit Report for the Fiscal Year Ended 6/30/2019 15 10. Wilmington Quick Response Team Update Report 10 11. Consideration of Concurrent Resolution with the Wilmington City Council for Enhanced Public Transportation 10 12. Selection of Developer Team and Approval of Memorandum of Understanding for Government Center Redevelopment Project 5 13. Report on New Hanover County Leaders Visit to Apple, I nc. PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTI MATED ADDITIONAL AGENDA ITEMS OF BUSINESS Board of Commissioners - January 21, 2020 MINUTES 14. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 15. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - January 21, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meeting: Regular Meeting held on January 6, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis CONTACT(S): Chief Deputy Ken Sarvis SUBJECT: Approval to Request Grant Funds from the Department of Homeland Security /Federal Emergency Management Agency BRIEF SUMMARY: The Sheriff's Office wishes to apply for the Homeland Security, Port Security grant program for a three -year grant. The total amount we are requesting is $543,488 with a 25% match. The match will be included in the FY20 -21 budget request. Grant funds $407,616 25% match $135,872 Total $543,488 The funding request includes Marine Unit equipment and boat slip, Dive Unit equipment, Emergency Response Team night vision and communication system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of application for the 2020 Port Security Grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: County PRESENTER(S): Kathy Stoute, Assistant County Manager and Phillip Tarte, Health Manager Director CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of National Radon Action Month Proclamation BRIEF SUMMARY: Phillip Ray Gibson, NC Radon Program Coordinator with the Division of Health and Human Services, requested proclamations from all 100 counties in support of this educational effort. The proclamation is attached for board consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION IN SUPPORT OF NATIONAL RADON ACTION MONTH WHEREAS, radon is a colorless, odorless, radioactive gas that may threaten the health of our citizens and their families; and WHEREAS, radon is the second leading cause of lung cancer in the U.S. and is the leading cause of lung cancer in non - smokers; and WHEREAS, the National Academy of Sciences estimates that up to 21,000 lung cancer deaths occur in the U.S. each year; and WHEREAS, one in 15 homes across the U.S. have elevated radon levels; and WHEREAS, any home may have elevated levels of radon, even if neighboring homes do not, and living in a home with an average radon level of 4 picocuries per liter of air poses a similar risk of developing lung cancer as smoking half a pack of cigarettes a day; and WHEREAS, testing for radon is simple and inexpensive and radon problems can be fixed; and WHEREAS, New Hanover County, the U.S. Surgeon General, the U.S. Environmental Protection Agency, the NC Department of Health and Human Services' NC Radon Program and the North Carolina Advisory Committee on Cancer Coordination and Control support efforts to encourage homeowners to test their homes for radon, have elevated levels of radon reduced; and WHEREAS, many residents in New Hanover County do not know about radon, yet need to know, for the safety and health of their families and a proclamation of National Radon Action Month is an opportunity to educate individuals on the available measures to reduce radon. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that January 2020 will be recognized as "National Radon Action Month" in New Hanover County. ADOPTED this the 21s' day of January, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 21, 2020 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau and Joe Suleyman, Environmental Management Director SUBJECT: First Reading: Approval of Solid Waste Franchise for Top Shelf Waste Systems Inc. BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The decision to approve the current solid waste franchise agreement was considered against the implications of House Bill 56 and its impact on the county's ability to control the flow of solid waste. Staff believes that private solid waste collection companies will ultimately make post -2020 final disposal decisions based on two factors: price and convenience /location. The New Hanover County landfill is competitive in both areas and will continue to seek methods to control costs while offering cutting -edge services to the public. The renewal franchise period would run for seven years. A second reading is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve franchise. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 4 From: Josh Adams Fax: 18885659535 To: Fax: (910) 7987157 Page: 1 of 41 12118f2019 2:26 PM cts, �Q'�a , IaqOL, Top Shelf Waste Systems, Inc. Josh Adams PO BOX 10859 Wilmington NC 28404 12/17/2019 To Whom it May Concern: This information is being provided in order to rein, e�the Franchise Agreement with the New Hanover County Landfill for Top Shelf Waste Systems, Inc. Officers: President - Josh Adams Business Legal Structure: S Corp Personnel: 2 office Staff, 8 roll off trash truck drivers Equipment: 10 Trucks, 500 Bumpsters (181 dumpsters located in New Hanover County) Mailing Address: PO BOX 10859, Wilmington NC 28404 Physical Address: 2407 Castle Hayne Rd, Wilmington NC 28401 Scope of Business: Our primary business is to provide roll off trash containers for the removal of construction waste from residential construction sites. In addition, we provide roll off trash containers for demolition projects, renovation projects, concrete removal, roofing tear offs, along with garage, attic, and general homeowner cleanup projects. We have been in business since 2010, have experienced exponential growth over that time, and we are extremely grateful for the opportunity to conduct business in New Hanover County. We have never been late on our payments at the landfill or county taxes. We have built a reputable name and are probably one of the top accounts at the New Hanover County Landfill. I have also attached my 2018 Tax Returns and a copy of our COI for your review. If you have any further questions or need any additional information, please email Josh Adams at josl toohelfwaste.com. Or call him at 910 -622 -1292. Sincerely, Josh Adams President Top Shelf Waste Systems 910 -622 -1292 Board of Commissioners - January 21, 2020 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief or Matt Davis, Deputy Fire Chief CONTACT(S): Donnie Hall SUBJECT: Appointment to New Hanover County Fire Rescue Firefighters Relief Fund Board BRIEF SUMMARY: The North Carolina Department of Insurance administers the North Carolina Fire Department Relief Fund Program. Fire Departments receive 20% of the gross premium assessment collected on insurance policies containing fire and lightning protection for the fund. A local board of trustees provides oversight of the benevolent fund. In accordance with G.S. 58- 84 -30, the New Hanover County Board of Commissioners shall appoint two trustees to the New Hanover County Fire Rescue Firefighters Relief Fund Board. The trustee appointments do not have term limits and may be replaced as needed. Chief Financial Officer Lisa Wurtzbacher serves as one of the appointees. Due to a resignation, a vacancy exists. The fire department recommends Chief Human Resources Officer Mark Francolini to fill the vacancy. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of appointment of Mark Francolini as trustee member of the New Hanover County Fire Rescue Firefighters Relief Fund Board. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Approval of NHC Board of Education Amendment to an Application for the NC Education Lottery Funds BRIEF SUMMARY: The Board of County Commissioners approved an application for NC Education Lottery Funds for Sea -Tech Phase I I I Renovations for $1,213,900 on September 16, 2019. Phases I and II of Sea -Tech Renovations were also funded through the NC Education Lottery and have combined project savings of $265,564.25. The Board of Education proposes using the project savings from Phase I and 11 for Phase III so that the full scope of work can be completed. On January 7, 2020, the Board of Education approved the amended application in the amount of $1,479,464.25. Once approved, the amendment will be submitted to the NC Department of Public Instruction. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve NHC Board of Education amended application. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 6 APPENDIX P NEW HANOVER COUNTY BOARD OF EDUCATION January 7, 2020 Operations Division Item: Amendment to the Application for Public School Building Capital Fund, North Carolina Education Lottery, for Sea -Tech High School Phase III Renovations Background/Historical Context: At the August 2019 meeting, the Board approved 2019 - 2020lottery applications for the Public School Building Capital Fund, North Carolina Education Lottery, which included Sea -Tech High School Phase III Renovations. In 2017 and 2018, the Board previously approved Sea -Tech High School Renovations Phases I and II. Both Phase I and Phase II have been completed with project savings totaling $45,573.21 for Phase I and $219,991.04 for Phase II. To assist in implementing the full scope of work proposed for Phase III and deferred work in Phase II, project savings from both Phase I and II are proposed to be added to the Phase III budget. The current budget for Sea -tech High School Renovations Phase III is $1,213,900.00. The amended application will bring the new project total to $1,479,464.25. This amendment to the Application for Public School Building Capital Fund, North Carolina Education Lottery requires approval by the Board of Education, the County Commissioners and the North Carolina Department of Public Instruction. Recommendation: Approval Rationale for Recommendation: Amending the budget for Sea -Tech Phase III Renovations will facilitate implementation of scope necessary to meet current Sea -Tech High School programming needs. Short and Long Term Impact: Amending the budget for Sea -Tech Phase III Renovations will allow implementation of scope necessary to maintain a safe, healthy, and orderly environment supportive of academic success and improve the operating efficiency on the campus. Supporting Documentation: The original and amended lottery applications for Sea -Tech High School Phase III Renovations are attached for reference. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other Board of Commissioners - January 21, 2020 APPLICATION (Amended) Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: January 7, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Sea -Tech HS Phase III Renovations Location: 5301 Sidbury Road, Castle Havne, NC 28429 Type of Facility: High School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Modify existing space, including HVAC and technology upgrades, to facilitate use of building as a career and technical education high school. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment Classroom Teachers TOTAL $ 103,000.00 $ 1,376,464.25. $ 1,479,464.25 Estimated Project Beginning Date: October 2019 (Begin Design- Phase 3) Est. Project Completion Date: July 2020 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 1,479.464.25 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. (Signature — Chair, County Commissioners) (Signature — Chair, Board of Education) Form Date: July 01, 2011 Board of Commissioners - January 21, 2020 ITEM: 6 - 1 - 2 (Date) (Date) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY. Service awards will be presented to retirees and employees. New employees will be introduced. RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - January 21, 2020 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: County Manager PRESENTER(S): PAG Leadership CONTACT(S): Chris Coudriet, County Manager SUBJECT: Partnership Advisory Group (PAG) Update BRIEF SUMMARY. PAG leadership has recently finalized the Request for Proposals, and will offer an update on work to date and the work to come. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear report. COMMISSIONERS' ACTIONS: Heard report. Board of Commissioners - January 21, 2020 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: Finance PRESENTER(S): April Adams, Cherry Bekaert LLP CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Presentation of the Audit Report for the Fiscal Year Ended 6/30/2019 BRIEF SUMMARY: The New Hanover County Comprehensive Annual Financial Report and related independent audit for the fiscal year ended 6/30/2019 is completed. The results of the audit and financial report will be presented by April Adams, Audit Partner with Cherry Bekaert LLP. The audit resulted in an unmodified opinion, meaning the auditors concur that the financial statements are fairly presented and free from material misstatements. The general fund expenses exceeded revenues by $9,807,265 for the year. The general fund balance at June 30, 2019 was $97,399,240, of which $52,656,637 was unassigned. The unassigned fund balance as a percentage of general fund expenses and transfers out represented 17 %, which is below our goal of 18% to 21 %. The County not meeting its fund balance goal for the fiscal year is a result of the significant expenses incurred to respond to and recover from Hurricane Florence. The fund balance percentage was in a more favorable position than staff anticipated after the storm. County staff have diligently worked with FEMA to obtain reimbursements of eligible expenses, which has led to an unassigned fund balance percentage higher than staff anticipated for 6/30/19. Staff is continuing to work with FEMA to obtain the remaining reimbursements that will continue to increase our fund balance percentage. In the fire services fund, revenues and other funding sources exceeded expenses and other funding uses by $711,129 leaving fund balance at June 30, 2019 of $3,036,525. The environmental management fund decreased its fund balance by $5,252,911, which is less than the fund balance appropriated for the fiscal year. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation and approve the report. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear the presentation and approve the report. COMMISSIONERS' ACTIONS: Heard the presentation and approved the report 5 -0. Board of Commissioners - January 21, 2020 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: County PRESENTER(S): Tony McEwen, City of Wilmington; Kenny House, Coastal Horizons; and Manager Buffy Taylor, Wilmington Quick Response Team CONTACT(S): Tony McEwen and Tim Buckland, Intergovernmental Affairs Coordinator SUBJECT: Wilmington Quick Response Team Update Report BRIEF SUMMARY: The Wilmington Quick Response Team was formed in July 2018 through state funding that provided for three professionals to respond to overdose victims to encourage them to enter treatment. Since the group's formation, the team has connected nearly 200 individuals to treatment. The team would like to give the Board of Commissioners an update on the program. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - January 21, 2020 ITEM: 10 THE COASTAL HORIZONS QUICK RESPONSE TEAM Sponsored by the City of Wilmington Funded by the North Carolina Department of Public Safety OPIOIDPRJ2017 -2019. What QRT Does The Quick Response Team of Coastal Horizons is made up of 3 Peer Support Staff and 2 Licensed Therapists. The Quick Response Team works to assist those who have overdosed, who are at risk of overdose, or who have been affected by their loved one's drug use by removing barriers and hopefully getting them to engage in treatment. The goal is to intervene, educate, and ultimately, save lives. We go out into the community to connect with survivors and their families one to five days after an overdose. Hopefully, increasing motivation and willingness to participate in treatment. Board of Commissioners - January 21, 2020 ITEM: 10- 1 - 2 r now- OYfRD O 100 % SEIS fR TEAM EV t If YOU 01 0VIP ONE ARf SERU 111 W IS NERf ANp Wf EARS. , IiNSUBS1ANEfUSf Wf WAN[ IOHEIP. NO • [411 U5! 91Oo 833.105? ��� IfRSANOWf11 EOMf iO fOU. j DON'TQUIfBffORf iNf MI14E11 #APf[NS . r FOB BY Tlaf DIP+�FTMENT OF PUBgIC • S�fEIY OPIOPPFJ1017 -1019 Y =.�..d OUR COMMUNITY PARTNERS • Wilmington Police Department (LEAD — Law Enforcement Assisted Diversion) • Wilmington Fire Department • Community Paramedics of NHRMC • NHRMC COST Program • NC Harm Reduction • MedNorth Health Center • TIDES • Cape Fear Clinic • The Good Shepherd • RESET of Coastal Horizons Board of Commissioners - January 21, 2020 ITEM: 10- 1 - 3 +ff How and Where QRT Connects to Treatment When an overdose survivor is ready for treatment, the Quick Response Team assesses and connects that person to the type of treatment that can be most helpful to them. We have connected people to treatment providers such as Coastal Horizons, PORT Health Services, Walter B. Jones ADATC, Black Mountain ADATC, RHA, A Helping Hand, Dove's Nest, and Recovery Ventures, The VA, Healing Transitions, The Harbor, and TROSA. Board of Commissioners - January 21, 2020 ITEM: 10- 1 - 4 !] i The QRT was formed in 1 2018'L'- in the first fiscal year 2018 -19, the QRT made contact with 148 overdose survivors and connected 82% of them (122) to treatment! Going into the second FY 2019 -20, the QRT has made contact with an additional 66 overdose survivors and connected 87% of them (58) to treatment! We typically see anywhere from 12 -17 people entering treatment each month; ,VI7 ., • 7• • 7 , • ., r%r I I 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet SUBJECT: Consideration of Concurrent Resolution with the Wilmington City Council for Enhanced Public Transportation BRIEF SUMMARY: In partnership with the City of Wilmington, county staff is recommending approval of the attached resolution directing city and county staff to move forward with developing a modified system of public transportation that is keeping with the following policy aims: 1. A transportation system that is focused on convenience and demand v general coverage and embraces innovation such as rideshare; 2. A transportation system than can fully meet the paratransit obligations countywide; 3. A transportation system that requires other units of government to equitably share in cost for services to those communities; 4. A transportation system governance body that is in keeping with city and county priorities; 5. A transportation system that is scaled to known and available revenues; 1. A transportation system that is operationally ready by July 1, 2021 The city council is set to consider the identical resolution at its Tuesday, January 21, 2020 meeting. This work will manifest itself in a new interlocal agreement with the city for county commission consideration later in 2020. RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt resolution as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Concurrent Resolution of the Wilmington City Council and the Board of Commissioners of New Hanover County For Enhanced Public Transportation Legislative Intent /Purpose: Pursuant to the provisions of Chapter 160A of the North Carolina General Statutes, various means are authorized for organization and delivery of public transportation; Additionally, The City of Wilmington is authorized by Session Law 1973 Ch. 224 to form a transit authority; On April 14, 2004, the City of Wilmington and New Hanover County entered into an Interlocal Agreement that formed the Cape Fear Public Transportation Authority and authorized it to business under the name of Wave Transit; On March 2, the City of Wilmington and New Hanover County amended the Interlocal Agreement to clarify the various details of the function of Wave Transit and how it would interact with the local governments that formed it; The herein local governments now desire to evaluate and restructure accordingly, Wave Transit, in order to enhance safe, adequate and convenient public transit for our community and region. Therefore, Be It Resolved: 1.That our community's existing public transportation system and authority be assessed, improved and enhanced to address changing current and future needs, without any interim lapse in availability, with a new structure anticipated to be in place by July 2021. 2. That paratransit needs shall be fully considered as a component of the overall system to promote efficiency. 3. That ride share and other innovative transportation options be fully considered in conjunction with conventional buses. 4. Specific criteria shall be developed to address route determination and evaluation, based on community needs, transit - dependent areas and a convenience service model. Emphasis shall be on increasing transit vehicle frequency with targeted coverage. 5. Participation opportunities for other regional local governments shall be fully evaluated, both within and outside of New Hanover County, together with other stakeholder entities desiring to participate financially with input to the new governance structure. 6. That revenue be aligned with the system of choice and with approved available revenue streams, dedicated or otherwise, that are adequate to ensure consistent and predictable financial support that is sustained and sustainable. Board of Commissioners - January 21, 2020 ITEM: 11-1 -1 7. That an expert consultant shall be utilized to assist with and help guide the process of improving and restructuring public transit in coordination with a task force comprised of city and county staff as well as representation from the Wilmington Metropolitan Planning Organization and WAVE, as determined by the city and county managers. 8. That community input shall be encouraged to share ideas and feedback through meetings, online forums and other engagement opportunities. Adopted by the Wilmington City Council at a regular meeting on January 21, 2020, and the Board of Commissioners of New Hanover County at a regular meeting on January 21, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 21, 2020 ITEM: 11-1 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: Finance PRESENTER(S): Sara Warmuth, Property Management Director and Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Sara Warmuth and Lisa Wurtzbacher SUBJECT: Selection of Developer Team and Approval of Memorandum of Understanding for Government Center Redevelopment Project BRIEF SUMMARY: New Hanover County issued a Request for Qualifications (RFQ) on August 30, 2019 for the redevelopment of the Government Center located at 230 Government Center Drive, Wilmington, NC to include a facility for county offices and private development suitable for the site that will generate additional tax revenue for the county while maintaining critical functions of county government, accomplishing the county's identified priorities, and maintaining a continuous focus on our customer's experience. Two firms submitted Statements of Qualifications in response to the RFQ. The firms, Vermilion Campbell of Chicago, IL and GHK Cape Fear /FD Stonewater of Wilmington, NC were evaluated. Both firms sufficiently demonstrated their development team's qualifications, extensive experience in this type of development, financial capacity to take on the project, and availability to meet the county's timeline. So both teams were invited for interviews and to make presentations before the county's evaluation team, which was made up of senior staff from various departments. Both firms further proved their capability to provide quality services for the redevelopment project. The evaluation team met to review and discuss the information shared by both firms and reached a unanimous consensus that, although both firms could perform the requested services, GHK Cape Fear /FD Stonewater proved to better understand the needs of the county. They are also more familiar with the local commercial market needed to support the project, due to their local presence in our community. Therefore, the evaluation team recommends GHK Cape Fear /FD Stonewater as the preferred developer to enter into a non - binding memorandum of understanding (MOU) regarding the programming needs of this project, with the understanding that if terms cannot be negotiated through this process, the county will terminate negotiations and move to the second firm, Vermilion Campbell and begin negotiations. During the programming phase, the county will collaborate with the development team to complete a program assessment, formulate a development and management structure including the proposed funding structure of the project, and begin preliminary design work for the project. It is expected that contract negotiations would take place following a final program assessment and plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve recommendation of Cape Fear FD Stonewater LLC as the developer for the Government Center Redevelopment Project and approve staff to execute the Memorandum of Understanding. Board of Commissioners - January 21, 2020 ITEM: 12 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 21, 2020 ITEM: 12 The Government Center Redevelopment Project Sara Warmuth Director of Property Management The Government Center Redevelopment Project Consider Approval of Memorandum of Understanding The Government Center Parcel A = 6.06 acres 451181 sq ft facility Parcel B = 4.39 acres 31,736 sq ft facility Parcel C = 4.56 acres 59,737 sq ft facility Total = 15.01 acres 136,654 sq ft under roof Site Conditions: Located in Federal Opportunity Zone Permitted Uses by Agreement Parking Easements Completed Steps • August 12, 2019 - Resolution of Critical Need adopted • August 30, 2019 - RFQ advertised • October 22, 2019 - Submittals due • November /December 2019 — Evaluation of Proposals RFQ Process • Two firms submitted statements of qualifications • Vermilion Campbell • GHK Cape Fear /FD Stonewater • Both qualified, experienced, and capable to perform the requested services • Both firms were invited for interviews and presentations • Evaluation team recommends GHK Cape Fear /FD Stonewater Requested Action • Board authorization to enter into Memorandum of Understanding (MOU) with GHK Cape Fear /FD Stonewater • Complete predevelopment activities • Developer has exclusive negotiation rights • Term January 22, 2020 —June 1, 2020 Next Steps • MOU Tasks •dune /duly — Update to Board • TBD — Public Hearing • TBD —Board approval of Developer Agreement The Government Center Redevelopment Project Questions., ? MEMORANDUM OF UNDERSTANDING EFFECTIVE DATE: January 22, 2020 PARTIES: Owner: NEW HANOVER COUNTY (the "County ") Preferred Developer: CAPE FEAR FD STONEWATER, LLC, a North Carolina limited liability company ( "Developer ") PROJECT: New Hanover County, North Carolina, in accordance with North Carolina General Statute 143 - 128(1)(c), desires to redevelop its Government Center located at 230 Government Center Drive in Wilmington. The County would like the new facility to include county services that are currently housed in the existing Government Center complex, a renovated, expanded or new emergency operations /911 center, and the potential to include space for other complementary government services that may be added to the facility in the future (collectively, the "County Facility "). In addition to the new County Facility, the County would like to undertake a public - private development that will incorporate other suitable private uses into the redeveloped site, including residential, commercial, and/or office, that will generate additional tax revenues for the County (the "Commercial Project "). The property on which the new County Facility will be developed was originally privately developed as a suburban shopping mall and was acquired by the County in 2005. The County adapted the existing facilities on the property for use as the County's government office complex. The property consists of three parcels of land containing over 15 acres and encompassing over 136,000 square feet of covered space and is described more particularly on the attached Exhibit A (the "Property "). The Property is owned in fee simple by the County, is located in an Opportunity Zone, and is zoned by the City of Wilmington as Regional Business (RB). This zoning classification permits the construction of the County Facility and other uses, including residential, office, retail, hotel, and structured parking. The County has selected Developer as its preferred development partner through a Request for Qualifications ( "RFQ ") process to develop a Development Framework, Development Plan, County Facility Preliminary Design, and a Commercial Project Preliminary Design for the County Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 1 Facility and Commercial Project for the purposes of developing a public - private development project (collectively, the "Project'). Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 2 PURPOSE OF THIS MOU: The purpose of this MOU is to create a framework and preliminary schedule for the predevelopment activities that must occur as the Parties negotiate the substantive legal documents that will be necessary to memorialize the terms and conditions for the development of the Project. Except as expressly provided in this MOU, this MOU is non - binding on the Parties and the failure of either Party to perform in accordance with the terms and conditions of this MOU will not constitute a default entitling the other Party to any remedies under law or equity. In consideration of the promises and actions to be performed by the Parties as set forth in this MOU, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree to the terms and conditions set forth below. AGREEMENTS: 1. Exclusive Right to Negotiate: The County grants to Developer the exclusive right to negotiate an agreement(s) with the County to develop the Project on the Property (the "Exclusive Right ") during the Term (as defined below). In consideration of Developer's commitment to expend significant time, effort, and expense investigating the feasibility of the Project, the County agrees during the Term not to offer, or participate in negotiations or solicit offers for, the Property or any portion thereof (or any interest therein) for sale, lease, or joint development to any other party except that the County has the right to renegotiate its current leases on the Property in a way that will not adversely affect the Project. This paragraph will be binding on the Parties. 2. Term: Developer's Exclusive Right will commence on January 22, 2020 and will expire on June 1, 2020 (the "Term "). The Term may be extended with the County's prior written consent upon its sole determination that the Parties are negotiating in good faith and have made substantial progress on the MOU Tasks (as defined below). Notwithstanding the foregoing, this MOU may be terminated by either Party at any time with no less than 30 days prior written notice to the other Party. This paragraph will be binding on the Parties. 3. MOU Tasks: The Parties will: a. Verify that the tasks outlined in Exhibit B, which is incorporated by reference (the "MOU Tasks "), represent all of the items to be addressed or completed by the Parties prior to the expiration of the Term; b. Calendar meetings and deadlines for the execution and completion of the MOU Tasks; and c. Assign responsibilities for the MOU Tasks among team members for each Party. d. Certain work - products will become the property of the County including surveys, environmental assessments, geotechnical investigations, preliminary design and Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 3 construction budget for the County Facility, and other work - products jointly created by the Parties including the program assessment, space needs analysis. These work - products will remain the property of the County after this agreement has terminated. The allocation of costs and the obligations to ensure ownership rights in work - product set out in the MOU Tasks will be binding on the Parties. 4. Due Diligence: Developer will have access to the Property during the Term to conduct, at its own cost, customary due diligence investigations as part of the development planning process, including, but not limited to, surveys, environmental assessments, and geotechnical investigations. Developer's entry onto the Property will be governed by the County's standard right of entry agreement. The survey and all reports will be certified to the County and Developer, and Developer will provide duplicate originals of all due diligence work - product to the County at no cost to the County. This paragraph will be binding on the Parties. S. Public Coordination: In connection with the Project, the Parties will cooperate and coordinate all communications and meetings with all governmental entities and elected officials, whether at the federal, state, or local levels (including the City of Wilmington and North Carolina Department of Transportation). Unless waived by the County in advance, Developer agrees to include a County representative in all communications and meetings with such parties. Reasonable notice must be provided to the County of all communications and meetings with such parties to ensure sufficient availability of County representative. 6 Cooperation: Each Party will cooperate with and make available to the other Party and its consultants the information and personnel necessary for such Party to undertake the activities contemplated in this MOU. 7. Financial Liability: The only financial liability of either Party to the other Party under this MOU, for any reason, will be for the payment of costs specifically allocated between the Parties in this MOU. Developer acknowledges and agrees it will hold harmless the County for all costs, claims, losses, or liabilities incurred by Developer prior to, during, and after the scheduled expiration of this MOU. Notwithstanding anything to the contrary in this MOU, in no event will either Party be liable for any Consequential Damages resulting from its performance or failure to perform under this MOU. "Consequential Damages" means damages, whether indirect, exemplary, 4 Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 4 or special damages (including lost profits, loss of revenue, lost sales, diminution in value, and/or loss of goodwill), that are remote or speculative in nature. To the extent any damages (including lost profits, loss of revenue, lost sales, diminution in value, and/or loss of goodwill) are the natural, probable, and reasonably foreseeable consequence of the particular performance or failure to perform under this MOU, such damages will not be deemed Consequential Damages. The preceding three paragraphs will be binding on the Parties. 8. Miscellaneous: This MOU will be governed by and construed in accordance with the laws of the State of North Carolina. This MOU may be signed in one or more counterparts, each of which will be deemed an original. Such counterparts will together constitute and be one and the same instrument. An electronic or portable document format (PDF) signature on this Agreement will be equivalent to, and have the same force and effect as, an original signature. This paragraph will be binding on the Parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 5 The County and Developer have duly signed this MOU as of the Effective Date. NEW HANOVER COUNTY By: Chris Coudriet County Manager Approved as to form: By: Wanda Copley County Attorney This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. By: Lisa Wurtzbacher Chief Financial Officer CAPE FEAR FD STONEWATER, LLC, a North Carolina limited liability company By: Print Name: Title: 0 Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 6 EXHIBIT A Property The subject property consists of three parcels containing a total of approximately three parcels containing over 15 acres and encompassing over 136,000 square feet of covered space, located in Wilmington, North Carolina: Parcel A: 6.06 acres; 45,181 sq. ft. facility (PIN R04916- 003 - 002 -000) Parcel 13: 4.39 acres; 31,736 sq. ft. facility (PIN R04916- 003 - 007 -000) Parcel C: 4.56 acres; 59,737 sq. ft. facility (PIN R05013- 008 - 043 -002) Total: 15.01 acres; 136,654 sq. ft. facilities Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 7 FYHTRTT R MOU Tasks 1. The Parties will jointly develop an internal and external communications plan for the Project to govern such communications during the Term. 2. The County will complete an internal programmatic assessment to determine strategic goals, objectives, desired uses, operation and management parameters, and the County's desired programmatic outcomes for the Project. Developer will facilitate the County's programmatic assessment by assigning Developer's public - private consultant to consult directly and solely with the County at Developer's cost. The programmatic assessment will include, but is not limited to, the following: a. Needs assessment and space program development with identification of agency growth projections and service delivery alignment with partnering agencies. b. Feasibility study to include most viable option regarding a new or renovated /expanded EOC /911 which will encompass documentation of issues impacting system efficiency and effectiveness at the EOC /911 and recommendation for improvements. 3. The Parties, each at its own cost, will jointly formulate a development and management structure for the Project, identifying the following (collectively, the "Development Framework "): a. A property ownership framework for how the Property will be subdivided, recombined, leased, and/or owned, in whole or in part, by the Parties during the development of the Project and after completion of the Project. b. An operation and management framework for the completed Project identifying responsible parties and funding sources for the long -term operation and management of the completed Project. c. A financial and funding structure for how the Project will be developed. d. A financial and funding structure for how the completed Project will be operated and managed. 4. The Parties, each at their own cost, will use reasonable and diligent good faith efforts to: a. By a target date of April 17, 2020, negotiate final business term sheets for the development agreements that will be necessary to develop the Project, based on the Development Framework (the "Term Sheets "). b. By no later than the expiration of the Term, negotiate the final material development documents based on the Term Sheets. c. These dates may be extended with the County's prior written consent upon its sole determination that the Parties are negotiating in good faith and have made substantial progress on the MOU Tasks. H Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 8 5. Developer, at its own cost, will formulate a "Development Plan" for the Project, which will include: a. Due diligence tasks including Alta Survey and Phase I Environmental Assessments b. Site Plan depicting roads, utilities, sidewalks, public spaces, and other infrastructure as required for approval by the City of Wilmington; c. Preliminary Project phasing plan; d. Preliminary Project phasing schedule; and e. Preliminary Project infrastructure plan. 6. In addition to the Development Plan: a. Developer, at its own cost, will complete a preliminary design of the County Facility (the "County Facility Preliminary Design ") and a preliminary design of the Commercial Project (the "Commercial Project Preliminary Design "). b. Developer, at its own cost, will develop a preliminary construction budget and proforma for the County Facility and Commercial Project based on the County Facility Preliminary Design and the Commercial Project Preliminary Design. Developer will provide to the County an updated preliminary construction budget and proforma, from time to time, for the County Facility and Commercial Project as planning on the Project progresses during the Term. c. Developer, at its own cost, will develop a preliminary development schedule for the County Facility and Commercial Project based on the County Facility Preliminary Design and the Commercial Project Preliminary Design. Developer will provide to the County an updated preliminary development schedule, from time to time, for the County Facility and Commercial Project as planning on the Project progresses during the Term. 7. By no later than the expiration of the Term, Developer, at its own cost and in cooperation with the County, will coordinate and communicate with property owners adjoining the Property and other appropriate parties to resolve restrictive covenant and cross - access easement issues that may affect the development and long -term operation and management of the Project. 8. Primary contact for the County regarding programming and design tasks of the project will be the County's Property Management Director and regarding funding structure tasks will be the County's Chief Financial Officer. 4 Board of Commissioners - January 21, 2020 ITEM: 12- 2 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/21/2020 Regular DEPARTMENT: Governing Body PRESENTER(S): Commissioner White CONTACT(S): Commissioner White SUBJECT: Report on New Hanover County Leaders Visit to Apple, Inc. BRIEF SUMMARY. Commissioner White will provide an update on New Hanover County leaders visit to Apple, Inc. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear report. COMMISSIONERS' ACTIONS: Heard report. Board of Commissioners - January 21, 2020 ITEM: 13