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2022-03-31 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AGENDA REVIEW MEETING, MARCH 31, 2022 PAGE 383 ASSEMBLY The New Hanover County Board of Commissioners met for Agenda Review on Thursday, March 31, 2022 at 4:09 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Chair Olson-Boseman called the Agenda Review meeting to order and announced that the purpose of the meeting is to review and discuss the agenda items for the April 4, 2022 Regular Meeting with discussions as noted: Consent Agenda Item #6: First Reading: Approval of Solid Waste Franchise for JPM Services Inc. and Consent Agenda Item #7: First Reading: Approval of Solid Waste Franchise for Port City Containers LLC. In response to Board questions, Deputy County Attorney Kemp Burpeau confirmed the minimum liability insurance requirement is $1 million and stated that it would not drop below that amount. The solid waste franchise ordinance specifies the liability amount, and the agreements go through a full vetting process by the Risk Management department. At times it might be higher based on review and scope of work being performed by the haulers. Consent Agenda Item #9: Approval of February 2022 Tax Collection Reports. In response to Board questions, Chief Financial Officer Lisa Wurtzbacher stated the amount of ad valorem collections is being monitored on a monthly basis. It is unknown where the fiscal year will end, but it is believed that it will end above budget based on how strong the collections have been thus far. The debt service fund is also running above budget. She will report back to the Board with the most recent projections of where the fiscal year may end. Regular Agenda Item #10: Adoption of a Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual. In response to Board questions, Chair Olson-Boseman stated that all commissioners will sign the code of ethics document. Vice-Chair Hays stated she would like to see the document resigned each time new commissioners are elected to the board. Regular Item #13: Consideration of a Budget Amendment and Award of Bid for the Construction of Landfill Cells 11 and 12A. In response to Board questions, Ms. Wurtzbacher stated that after staff performed value engineering the construction of the two cells is $6,956,000 and the tip fee will increase from $48 to $57 per ton. As explained during the last budget work session, a tip fee increase is anticipated, regardless of this project. County Manager Coudriet stated that the tip fee has been flat or down for eight or nine years. Ms. Wurtzbacher acknowledged that the $9 increase will be significant, but the County has been deferring the increase for at least the past two years and it is time to increase the fee to cover the costs. A brief discussion was held about solid waste haulers not passing the subsidized savings onto the consumers over the past nine years. County Manager Coudriet stated that what is important is that the request is asking for a budget amendment to be adopted as well as the loan from the general fund to do the full budget amendment and will require a payback. If the preference is for the payback to be longer than five years, the tip fee could be lower. However, that is not intellectually and financially honest to the process if there is not a five-year payback on the issue of the construction contracts. The request alludes to the need for the tip fee to be increased next year irrespective of the request. The only way to accomplish the budget for the project as presented is to transfer money from the general fund. The fee can be reduced once the satisfaction of that internal debt is paid off. In response to Board questions, Ms. Wurtzbacher stated that $2 of the tip fee would be used to pay back the general fund. County Manager Coudriet reiterated payback on the budget amendment is $2 per ton and the amount that will have to be included in whatever the Board sets as the tip fee for fiscal year 2022-2023. The Board can choose a lower tip fee and then staff will have to do operating compromises. The point is that the impact is $2 to payback and accomplish the cell construction because the costs are beyond what was estimated. Ms. Wurtzbacher confirmed that the analysis has not been done for at $1 with a payback of 10 years. County Manager Coudriet stated that staff will be prepared to discuss that option at Monday’s meeting and by the Board approving the budget amendment request, it is not setting the tip fee at $57. He reiterated that approving the budget amendment for the cell construction contract requires a loan from the general fund at five years and that wherever the Board sets the tip fee, it is going to require $2 of that be used to pay back the loan. The request to change the tip fee will come to the Board in the consideration of the fiscal year budget ordinance. Environmental Management last took a loan from the general fund in 2007 or 2008. It was to purchase approximately five acres that fronts Highway 421. He thinks it was a payback of about $5 million. Further discussion was held about the history of the landfill and how the solid waste haulers operate under the franchise agreement. It was noted that the County does not have control over how a franchise operator pays the tip fee and the impact that decision makes on the customer. Regular Item #14: Public Hearing on Proposed $34,000,000 Financing of Improvement Projects and Adoption of Approving Resolution. In response to Board questions, Ms. Wurtzbacher stated that the water and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AGENDA REVIEW MEETING, MARCH 31, 2022 PAGE 384 sewer projects will come in the fiscal year 2022-2023 budget and are not included as part of this matter. What is included in this request is the buildout of the system, but not connecting anyone to water and sewer. The financing corporation is the entity who sells the debt and is who the debt is with. It is used as the passthrough agency so the County can issue the limited obligation bonds and is not independent from the Board of Commissioners. Any purchase, sales, holding and assignments of County buildings and assets would still be decisions of the Board. Regular Agenda Item #16: Rezoning Request (Z22-02) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, Property Owners, to Rezone Approximately 6.13 Acres of Land Located at 6221-6229 Carolina Beach Road from R-15, Residential District, to (CZD) R-5, Residential District. Vice-Chair Hays stated that she will need to recuse herself from voting on the matter due to being a part of the Wilmington Realtors Foundation. County Attorney Copley stated that the vote to recuse Vice-Chair Hays would need to be done prior to proceeding with the public hearing. Regular Agenda Item #17: Rezoning Request (Z22-06) - Request by Andy Etters, applicant and property owner, to rezone approximately 29.39 acres of land located at 312 Hermitage Road from R-20, Residential District, to (CZD) CS, Commercial Services District for warehousing and office flex space and a nursery. In response to Board questions, Current Planner Ron Meredith stated the stormwater pond design is a preliminary design. It will be engineered for review by the Technical Review Committee (TRC) in the construction document process. He will review the estimated size of the stormwater pond during the staff presentation. The developer has access to CFPUA water but not sewer and to his knowledge there is no requirement to connect the project to the sewer system. He will report back to the Board what the minimum distance requirement is to the nearest sewer manhole. GENERAL DISCUSSION Commissioner Barfield shared an email he received from a citizen about him parking in a designated veterans parking spot at a Harris Teeter. The citizen stated in the email that since Commissioner Barfield’s military service as not listed on his biography, the citizen assumed he must not have served. Commissioner Barfield stated that he spoke with the citizen and explained that he did serve in the military and how not all information about a person’s career needs to be public. He knows other veterans have had similar type experiences. Commissioner Zapple expressed concern about the recent wave of scam phone calls being received by seniors where the number being left on the voicemail was the Sheriff’s Office general number. A brief discussion was held about the issue. County Manager Coudriet stated that he is not sure that staff can prevent someone from spoofing what is otherwise public data. However, on the back end of the IT systems there will not be a break into the data. Staff explained that there continues to be a lot of communication to and from the Senior Resource Center about scams to help people be more aware of the issue. STAFF UPDATES Carbon Dioxide Emission Targets Presentation. Chief Facilities Officer Sara Warmuth presented the following information:  Carbon Footprint Reduction for the Strategic Plan:  What is Carbon Footprint? What Goals Have Been Set?:  Carbon footprint includes only a small piece of an individual’s environmental footprint. It is not a measure of the use of natural resources, or the waste produced, but the carbon and other greenhouse gas emissions themselves.  President Biden set 50%-52% reduction from 2005 levels by 2030  Governor Cooper set 50% reduction from 2005 levels by 2030 and to reach net-zero emissions no later than 2050  New Hanover County Proposed Goals:  Goal for carbon footprint reduction at New Hanover County facilities  Goal for new facilities utilizing Smart Saver Program  Goal for carbon footprint reduction for New Hanover County fleet  Carbon Footprint Reduction at Facilities:  To ensure “apples to apples” year over year comparison, data will be collected, starting with January 2018 for the following facilities:  Government Center/EOC/911 Center, Health and Human Services/Department of Social Services + Public Health, 320 Chestnut Street, Historic Courthouse, Judicial Building, Cape Fear Museum, Main Library, and the Detention Center  Utility Cost Graph:  Historical CO2 Emissions: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AGENDA REVIEW MEETING, MARCH 31, 2022 PAGE 385  Facility CO2 Emissions Ranking:  New Hanover County’s goal for facilities to reduce carbon Footprint by 25% from 2018 levels by 2028  New Facilities utilizing Smart Saver Program:  Duke Energy Smart Saver Incentive Program:  Collaboration with Duke Energy  Explore and quantify alternative materials and systems:  Envelope, glazing, roof materials  Lighting, occupancy sensors, dimmable controls  HVAC systems, water heaters  Select highest value of energy savings  Ensure cost effectiveness  Goals and incentive are finalized at end of project  Government Center – Initial Report – start of project:  Pine Valley Library – Verification Report – end of project:  Duke Energy Smart Saver Program Summary:  New Hanover County’s goal for new facilities utilizing Smart Saver Program: five-years or less payback and reduce demand and consumption by 30% NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 AGENDA REVIEW MEETING, MARCH 31, 2022 PAGE 386  Carbon footprint reduction for fleet:  2020 total fuel usage 495,968 gallons = total metric tons CO2 = 4,450  2021 total fuel usage 497,200 gallons = total metric tons CO2 = 4,464  Average vehicle age = 8.1 years old  Average model year = 2014  Average holding period = 14.7 years  Average mpg = 12 miles  The County has 209 vehicles that are a model year 2011 or older  New Hanover County’s goal for fleet to reduce carbon footprint by 25% from 2022 levels by 2028:  Set goal now:  Planning to take place in FY22/23  Vehicle availability current issue  Replace old high gas consumption vehicles with new more fuel efficient and electric vehicles  Exciting programs to bring forward at a later date In response to questions, Ms. Warmuth confirmed the goals that being set by staff are reachable based on technology improvements. As to how the information translates to greenhouse gas emissions, it is one for one when talking about cardon reduction. The Board expressed appreciation for the presentation. Calendaring of the Public Hearing for Sales Tax Referendum. County Manager Coudriet reminded the Board that staff desires to have full consensus on when, and if, to schedule a hearing on the quarter cent sales tax. He understands there were concerns expressed about having the hearing on July 11, 2022. A decision does not have to be given today, but staff does not want to schedule the public hearing too early nor too late. A brief discussion was held about the education effort that would be made and the deadlines for the public hearing and submitting the question for inclusion on the November 2022 ballot as well as the ability to withdraw it from the ballot. The general consensus of a majority of the Board was to have the public hearing slated for the May 2, 2022 meeting. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:08 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim of the New Hanover County Board of Commissioners meeting.