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2020-05-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MAY 4, 2020 PAGE 512 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 4, 2020, at 4:00 p.m. via teleconference in 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. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Commissioner Zapple requested that Consent Item #10 Appointment of Vice-Chair Kusek to the New Hanover County Health and Human Services Board be removed from the Consent Agenda for further discussion and consideration. Hearing no other comments, Chair Olson-Boseman requested a motion to approve the remaining items on the Consent Agenda. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek, to approve the remaining items on the Consent Agenda as presented. Upon vote by roll call, the MOTION CARRIED: Voting Aye: Chair Olson-Boseman; Vice-Chair Kusek; Commissioner Barfield; Commissioner White; and Commissioner Zapple. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of April 20, 2020. Adoption of Travel and Tourism Week Proclamation – County Manager The Commissioners adopted a proclamation recognizing May 3-9, 2020 as “Travel and Tourism Week” in New Hanover County. The Wilmington and Beaches Convention and Visitors Bureau (CVB) will observe this year's National Travel and Tourism Week virtually via social media posts, videos, electronic industry updates, and other online resources. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.1. Adoption of Elder Abuse Prevention Awareness Month Proclamation – County Manager The Commissioners adopted a proclamation recognizing May 10, 2020 through June 21, 2020 as “Elder Abuse Prevention Awareness Month” in New Hanover County. Between Mother's Day and Father's Day, elder abuse awareness and prevention efforts are conducted nationally to bring awareness and to educate the public about the types of elder abuse, prevention methods, community resources, and support. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.2. Adoption of Foster Care Awareness Month Proclamation – County Manager The Commissioners adopted a proclamation recognizing May 2020 as “Foster Care Awareness Month” in New Hanover County. In May, it is recognized that there are 350 children of all ages in foster care. Foster mothers and fathers are recognized and thanked for their commitment to fostering these precious children. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.3. Ratification of a Grant Application Submitted to the North Carolina Governor’s Highway Safety Program (NC GHSP)/Regional Forensic Laboratory – Sheriff’s Office The Commissioners ratified a grant application and adopted the Local Government Resolution submitted to the NC GHSP. This grant will continue funding the salary and fringe of the existing Lab Technician position, lab supplies, and training and travel costs from October 1, 2020 to September 30, 2021. This is to fund an existing position, not a new position. The funding breakdown is as follows: Existing Lab Technician position (one-year salary and fringe) - $58,000. Supplies, Training and Travel - $28,500. The total grant amount is $86,500 with no match required. The NC GHSP encourages extending the position beyond the grant cycle; however, it is not mandatory. The Sheriff has to re-apply each year for funding. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MAY 4, 2020 PAGE 513 Approval of the First Reading of a Solid Waste Renewal Franchise for Blackburn Hauling and Maintenance – County Attorney The Commissioners approved the first reading of a solid waste renewal franchise to be granted to Blackburn Hauling and Maintenance. 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. Approval of the First Reading of a Solid Waste Renewal Franchise for TriCounty Trash – County Attorney The Commissioners approved the first reading of a solid waste renewal franchise to be granted to TriCounty Trash. 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. Approval to Request Grant Funds from Meals on Wheels America COVID-19 Response Fund – Senior Resource Center The Commissioners approved the Senior Resource Center to apply for grant funds from the Meals on Wheels America COVID-19 Response Fund. The fund was created to support Meals on Wheels network members at a time of intense need in serving older adults with nutritional needs as an effort to secure additional food and supplies and adapt to new procedures and delivery methods during and after COVID-19. The total amount that is being requested is $25,000 and does not require a match. If awarded $25,000, this will cover the cost of 7,353 meals served to older adults in New Hanover County. Approval of March 2020 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of March 2020. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 9.5. Adoption of Child Care Provider Appreciation Day Proclamation – Governing Body The Commissioners adopted a proclamation recognizing May 8, 2020 as “Child Care Provider Appreciation Day” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.7. Discussion of Consent Item #10 and Appointment of Vice-Chair Kusek to the New Hanover County Health and Human Services Board – Governing Body Commissioner Zapple stated that he would like for a vote to be taken on the commissioner appointment to the New Hanover County Health and Human Services Board (HHSB) to replace Commissioner White who chose to step down from that board. He would like to be considered for the position. He has spent five years with the Department of Health and believes he can bring a great wealth of history and experience to the HHSB during this difficult time. Chair Olson-Boseman opened the floor for nominations. Commissioner Barfield nominated Commissioner Zapple. Commissioner Zapple seconded the nomination. Commissioner White nominated Vice-Chair Kusek. Chair OIson-Boseman seconded the nomination. Hearing no further nominations, Chair Olson-Boseman stated roll call votes would be taken on the nominations on the floor: Vote Results by Roll Call: Voting Aye for the nomination of Commissioner Zapple: Commissioner Barfield and Commissioner Zapple. Voting Aye for the nomination of Vice-Chair Kusek: Chair Olson-Boseman, Vice-Chair Kusek, and Commissioner White. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MAY 4, 2020 PAGE 514 Chair Olson-Boseman stated that based on the roll call vote on the nominations on the floor, Vice-Chair Kusek received a majority of the votes and will serve as the commissioner representative on the New Hanover County HHSB. A copy of the revised list of Commissioners appointed to County Boards and Committees for 2020 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 9.6. REGULAR ITEMS OF BUSINESS CONSIDERATION AND APPROVAL TO PURCHASE EIGHT ACRES OF UNIMPROVED REAL ESTATE FROM TIDEWATER TRANSIT COMPANY, INC. Environmental Director Joe Suleyman stated the administrative and maintenance buildings and the entire construction and demolition debris recycling facilities are located in an area planned for future disposal cells for the New Hanover County Landfill. Staff budgeted $750,000 in the current fiscal year budget to acquire a piece of property that was available to the southeast to relocate the offices and facilities. While performing the due diligence of the property, a determination was made that there was considerable site contamination that exceeded the staff’s comfort level. Staff later learned another parcel totaling eight acres that is located on Highway 421 and contiguous to the current landfill property had become available and is zoned I-2. Director Suleyman further stated at some point in the future, all of the facilities mentioned will have to be relocated to another location and the current landfill site does not have the space available for the relocation. Based on this information, negotiations were entered into with the realtor representing the current owner of the parcel, Tidewater Transit Company, Inc., and the price was negotiated down to $780,000 from the original list price of $879,000. The remaining $30,000 in additional funds required are also available in the Environmental Management Fund’s current adopted FY 2020 expenditure budget. If the Board approves the purchase, staff will proceed with the closing with Tidewater Transit Company, Inc. and create the expansion of the New Hanover County landfill property. Commissioner Barfield stated that this is a way to add to the landfill site as no new landfills east of I-95 can be built, and he made a motion to move forward with the purchase. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White, to approve the purchase of eight (8) acres of unimproved real estate from Tidewater Transit Company, Inc. at a cost of $780,000. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote by roll call, the MOTION CARRIED: Voting Aye: Chair Olson-Boseman; Vice-Chair Kusek; Commissioner Barfield; Commissioner White; and Commissioner Zapple. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that no public comment voicemails were received and one public comment email was received, and asked that it be read into the record by staff. Deputy Clerk to the Board Dahria Kianpour read aloud the following public comment emails into the record:  Leeanne Fields emailed the following: “Subject: No Masks and open businesses 1) Only 85 cases in all of NHC... do that math on the percentage. There’s 300,000 other people walking around terrified and there is such a small minuscule threat of anything remotely dangerous. PLEASE make the mask wearing stop and tell private businesses they can ONLY request or suggest NOT require masks as that’s not even legal. If someone has ANY medical condition, physical or mental or emotional that prevents them from wearing a mask, that is private information. We cannot go back to normal if, as the virus which never was an issue here to begin with AT ALL recedes completely, MORE restrictions and mandates come out. Why NOW after all these weeks are some stores requiring masks??? Makes NO sense. It’s terrifying and infringing on what little dignity and freedom we have left after all this. PLEASE get rid of masks! Be honest with people about the numbers so they know there’s no founder fears. The news created the fears now you all have to take it away. 2) I have two best friends who are literally as we speak losing everything they have because they cannot open their small businesses (hair and gym) and they don’t qualify for any magical government money. Walmart can be open but someone can’t walk into a hair salon and get their hair cut?? For the love of God please stop over stepping into people’s rights as Americans to run their businesses and allow them to open without fear of being fined or jailed! This is AMERICA. Not a communist dictatorship. These are taxpaying Americans that have spent years building businesses and you don’t care that all that is slipping away while they try and find a way to pay bills and fees their kids?? It’s against the law and constitution what you are doing and you have to stop. Leeanne F.” NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MAY 4, 2020 PAGE 515 ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Zapple stated he wanted to provide a response to Dr. Robert Parr’s public comment from the April 20, 2020 meeting concerning citizen information meetings connected to planning and land use requests, zoning changes, etc. due to COVID-19 as many of these types of items have been handled in a different way with virtual meetings or teleconferencing, and in a less than satisfactory manner in trying to get large community involvement and get the information out to the public. He reported that he has spoken at length with the County Planning and Land Use Director Wayne Clark. Mr. Clark has assured him that New Hanover County continues to be fully committed to the citizen meetings connected to all requests for land use changes. While everyone is hopeful that we will get back to being able to have in person meetings, even in a social distancing type fashion, it remains the responsibility of the applicants to get the information out to the citizens and to the community prior to the land use applications being forwarded to the County Commissioners. He wants to assure Dr. Parr and the community that the County is committed to the citizen information meetings. Commissioner Zapple asked County Manager Coudriet to provide an update on the testing being done at Cape Fear Community College (CFCC), status of obtaining information from private physicians concerning clinically diagnosed patients, the four community conditions and associated metrics for reopening, work being done with skilled nursing and assisted living facilities, antibody testing, the Governor’s planned phases for reopening and its effects on the County, and the County’s work to date on the 2020 Census. County Manager Coudriet stated the testing operation at CFCC is running on Wednesdays, Thursdays, and Fridays from 1:00 p.m. to 6:00 p.m. through scheduled appointments. To date, approximately 180 tests have been done over the first three days, and as a reminder this past Thursday was effectively eliminated because of weather, and seven rapid deployments were done to test individuals. The results have come back for the tests that were done on Wednesday and Thursday and as reported, there are four positives that came out of the tests. The tests that were done on Friday are expected back possibly tomorrow. The guarantee with the contract was 48 hours after receipt and those particular samples had to be overnighted to the company. For this week’s schedule as of 12:00 p.m. today, eight appointments have been made. To qualify, a person has to be symptomatic and there are at least nine recognized symptoms. All it takes is being symptomatic in one of the nine to qualify for testing. Staff has been emphasizing symptomatic because we cannot provide assurances that a test that comes back negative means a person is clear because it may well be that the virus is not active enough in them at the time. The goal for testing that was described two weeks ago remains, however, and the County has the capacity to do 2,400 tests. Testing will continue on Wednesday, Thursday, and Friday over the next several weeks. Regarding the status on obtaining information from private physicians concerning clinically diagnosed patients, the reported number to the County is seven. That number would not show up as part of the County’s lab verified numbers, which as of 4:00 p.m. today is 92. In regard to the four community conditions and associated metrics for reopening the County, County Manager Coudriet stated he would offer that the elected officials determined, at least the Chair and Vice-Chair, that the County has passed the threshold in most of the key conditions because the County’s order was allowed to sunset. The municipalities have implemented additional restrictions. The four conditions he shared during the last meeting are what staff feels is necessary to lead the community to be comfortable with moving back to a new/old form of normal. The first was a high confidence of a relatively low rate of infection. He thinks the people that were part of the decision-making process agreed that we are largely there with a confidence in low rates of infection. There are 92 confirmed cases, which includes the four positives from the testing site. The second was putting a system in place for reporting as best as possible on clinical diagnosis, which has been done. Over the two weeks we have been doing that there have been seven reported as clinically diagnosed. The third condition was a public health system able to respond and react to cases diagnosed, especially with the ability to do contact tracing. The County does have that capacity and County Manager Coudriet feels that was a completed checkmark for the County two weeks ago. The fourth community condition was a hospital system that could react and respond in scale to an influx of COVID-19 cases. Unless the data has changed, the end of the report last week identified eight COVID-19 positives in the New Hanover Regional Center Hospital (NHRMC). In his best estimation, he would say the County checks the box on each of the four conditions, a high confidence of low rate of infection, a system for clinical diagnosis, and public health and hospital systems able to respond to the increased cases. When that is put together with the fact that the County has mass testing taking place, those are the features that ultimately led the Chair to believe that sun setting the County order was reasonable and appropriate. In regard to assisted living and skilled nursing facilities in the County, County Manager Coudriet stated staff has continued communicating and providing resources to the facilities. As a reminder the County does not have regulatory control over the facilities. The County does not dictate operating and protocol, but the team has done its best to make information and education available. The County has been part of the supply system for personal protective equipment (PPE) and N-95 masks in most congregate settings. The good news is that we have not had any recognized outbreaks in any of our congregate settings, which is minimally identified as two positive cases over 28 days. That means no facility in our community meeting the definition of congregate settings has had two cases or more in 28 days. Other than the two tests done via the rapid deployment nurse team, the County has not done mass testing in the facilities. The facilities where the two cases have occurred have been identified as focus areas once the antibody testing is started to determine if anyone has ever been exposed, have they built up antibodies, and if staff has been positive and built up antibodies. As far as antibody testing in general, the County is not performing antibody testing as the tests are not yet available to be deployed. For those that test positive, we would like for them to be 28 days beyond symptomatic to determine if they have antibodies and continue to test them on intervals to see if they keep antibodies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MAY 4, 2020 PAGE 516 In regard to the difference between what is being done now in the County and when the Governor’s phase th one plan to reopen the state is expected to be effective on May 8, County Manager Coudriet stated he is not an expert on the Governor’s phases. He is not aware of substantive changes other than likely state parks and such opening. County parks have been open and will remain open. He believes it is phases two and three where it will be seen the Governor proposes to begin rolling back a range of restrictions. Phase two begins within two to three weeks th of phase one being implemented and it does appear the state will enter into phase one on May 8, but there is still no verification of that. More should be known towards the end of the week and his best reading is that most of the restrictions begin to fall by the wayside in phases two and three. As a County, staff is preparing how to scale operations in concert with each phase once we hit those thresholds to continue moving forward. County Manager Coudriet confirmed that the Governor will be holding a press conference before Thursday of this week on this matter. In regard to the 2020 Census and what the County is doing, County Manager Coudriet reported that there is a continued effort to push out information via social media platforms and emphasize the Cape Fear Counts initiative to encourage everyone in the community to participate. Commissioner Barfield serves as one of the chairs for the Cape Fear Counts initiative and Intergovernmental Legislative Coordinator Tim Buckland is one of the staff members involved. He would defer to them to answer any specifics about what our rate of participation has been. He is also aware that a report regarding activity to date has been filed, but he does not know all of the details. Commissioner Barfield expressed appreciation for the work being done by staff, the front line workers, and Health and Human Services. He also expressed appreciation for the Senior Resource Center continuing to prepare and distribute meals to seniors. He thinks staff is doing a great job of meeting the needs of the citizens and providing daily updates multiple times per day on various social media sites to keep citizens informed. In regard to the County budget, he wants to make sure the Board and staff are tapped into what is being looked at. During a recent NCACC Board of Directors virtual meeting, every commissioner on the call spoke about the frustrations of the significant budget impacts in their respective counties due to COVID-19. In looking at this County’s budget, it is important to look at it realistically, not optimistically, and also to make sure the current triple A bond rating is maintained. He feels that is important. His understanding is that the state will be short as well as many counties. His heart goes out to the citizens in the community that are hurting. Many are trying to figure out how to feed their families, pay their bills, and are unable to get through the system to apply for unemployment. He has tried to help various citizens with getting through the system to apply for unemployment and he gets the same message they are receiving of the system being overloaded and to try again later. That does not serve the citizens when they cannot get the help they need. So many people in the community have come together to help one another and that is what it is all about. We'll get through this and he thanked the County staff again for their efforts. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 4:29 p.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.