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HomeMy WebLinkAbout2022-08-01 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1, 2022 BOOK 35 PAGE 499 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on August 1, 2022, at 4:00 p.m. via in person and remote, in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman (remote); Vice -Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; and Commissioner Rob Zapple. Commissioner Bill Rivenbark was absent. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Vice -Chair Hays stated that Chair Olson-Boseman was participating remotely for the meeting and requested that she preside in person. She also stated that Commissioner Rivenbark was unable to attend, and his absence is excused. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Chaya Bender of Bnai Israel Congregation provided the invocation and Vice -Chair Deb Hays led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Vice -Chair Hays requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the Consent Agenda as presented. Upon roll call vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes — Governing Body The Commissioners approved the minutes of the Agenda Review meeting held on July 7, 2022 and Regular Meeting held on July 11, 2022. First Reading: Approval of Solid Waste Franchise for Lawrence Transportation Inc. — County Attorney The Commissioners approved the first reading to authorize the issuance of a solid waste franchise agreement to Lawrence Transportation Inc. A second reading is required. Approval of the Award of Design Contracts for Castle Hayne Fire Station and Gordon Road Fire Station — Facilities Management The Commissioners awarded a design services contract to Stewart Cooper Newell Architects for complete design and construction administration services for the new Castle Hayne Fire Station in the amount of $537,240 and the Gordon Road Fire Station in the amount of $527,760. Approval of Charge of 2022 Levy —Tax The Commissioners approved the Charge of 2022 Levy and directed the Tax Collector to collect the taxes charged in the tax records and receipts for 2022. A copy of the 2022 Charge of Levy is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII I, Page 31.1. Adoption of Budget Amendment and Resolution to Accept Donation of Property — Budget The Commissioners adopted budget amendment 23-007 and a resolution to accept the donation of property located at 905 North 101" Street from the City of Wilmington for a new grocery store. Copies of the budget amendment and resolution are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 31.2. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF A RESOLUTION HONORING THE LIFE AND LEGACY OF TONY RIVENBARK, WHO SERVED AS EXECUTIVE AND ARTISTIC DIRECTOR AT THALIAN HALL FOR MORE THAN 42 YEARS Commissioner Zapple read the resolution into the record honoring the life and legacy of Tony Rivenbark, who served as Executive and Artistic Director at Thalian Hall for more than 42 years. Commissioner Zapple further commented that Mr. Rivenbark was a very good friend of his, they worked together for 25 years at Thalian Hall, and that he will be greatly missed by the entire community. Thalian Hall as it is known today is a complete reflection of Tony Rivenbark. Hearing no further discussion, Vice -Chair Hays asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the resolution honoring the life and legacy of Tony Rivenbark, who served as Executive and Artistic Director at Thalian Hall for more than 42 years. Upon roll call vote, the MOTION CARRIED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 1, 2022 PAGE 500 A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 31.3. CONSIDERATION AND ADOPTION OF NATIONAL IMMUNIZATION AWARENESS MONTH PROCLAMATION Health and Human Services — Public Health Director David Howard stated that most immunizations are focused on child immunizations against communicable diseases as part of the requirements to enter school. There are also immunizations for traveling abroad and for adults. It is a core deliverable and a core service of public health across the nation that has been managed by public health departments for many decades. He expressed appreciation to the Board for its consideration of the proclamation. Commissioner Barfield thanked Mr. Howard for his work and for the work of the Health Department that has been ongoing in this community for many years. He read into the record the proclamation recognizing August 2022 as National Immunization Awareness Month. Hearing no further discussion, Vice -Chair Hays asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing August 2022 as National Immunization Awareness Month. Upon roll call vote, the MOTION CARRIED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 31.4. RECOGNITION AND PRESENTATION OF 2022 AWARDS FROM THE NATIONAL ASSOCIATION OF COUNTIES (NACo) County Manager Coudriet read descriptions for each NACo award, and the Board presented the awards to each respective team: • "Community Justice Services Partnership with Cape Fear Community College" in the category of Criminal Justice and Public Safety • "Department of Social Services Kinship Therapeutic Foster Care Program" in the category of Children and Youth • "Gap Workforce Rental Assistance Program" in the category of Community and Economic Development • "Health and Human Services Energy Assistance Process Improvement" in the category of Financial Management • "Health and Human Services Strategic Plan" in the category of County Administration in Management • "Homeowner Assistance Program (HAP)" in the category of Human Services • "Parks Resource Officer Program" in the category of Parks and Recreation • "School Based Mental Health Program" in the category of Health • "Senior Resources Center Master Aging Plan" in the category of Human Services • "Stormwater Utility Services" in the category of County Resiliency Infrastructure, Energy, and Sustainability Vice -Chair Hays presented the awards to each team and the Commissioners expressed appreciation and thanked each team for their work and dedication to bring their respective programs to fruition. CONSIDERATION AND APPROVAL OF THE 2021 ANNUAL TAX SETTLEMENT Tax Administrator Allison Snell stated that it is a requirement to present to the Board on an annual basis the tax settlement for the fiscal year end for the County's general fund. She presented the following information regarding the 2021 annual tax settlement: New Hanover County Tax Administration 2021 Annual Tax Settlement: • Per N.C. General Statute 105-373 the Tax Collector must make a report of settlement for the Fiscal Year 2020-2021 and prior years. New Hanover County 2021 Levy: Real Property General Fund Debt Service $185,1 ,947_29 $18,987,58079 $104,17'r—_79 $612,43949 99.0% $18,92349931 $64,08142 99.66% Personal Property General Fund Debt Bervlce $13,144,95 J.61 $1,35],936.23 $12,819,99].38 $324,460.23 97.52% $1,323,]J6.19 $34,160.04 9798% Motor Vehicle General Fund Oebt Service $12,425,565.23 $1,3]4,003.8] $12,423,565.23 $1,3]4,003.8] Grand Total General Fund Oebt Service $210,752,970.12 $21,719,520.23 $209,816.070.40 $936,899.J2 99, 55% $21,621,2J9.37 $98,241.46 9955% • Five-year comparison: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1, 2022 BOOK 35 PAGE 501 99.60 9950 99 i0 99.30 99 28 99.28 99.20 99.10 9900 98.90 98.80 2018 I"'"" 2019 2020 2021 2022 •General Fund Deb:."'. Fire District 2020 Levy: Real Property General Fund $11,493.595.09 $]1,453, 249.19 $40,350.90 9965% Personal Property General Find $973,271_75 $952,22695 $21,04479 97_84% Motor Vehicle Geneal Fund 3991,033.23 3991,003.23 I00.00% Grand Total Geneal Fund $13,457,900.12 $11,000,210. 91 jG1,395.69 99.54% Fire District Five -Year Comparison: 99.60 99.45 99.54 99so 99.40 99.35 99.30 99.26 1121 9910 9909 99.00 98.90 9880 2018 2019 2020 2021 2022 ■ General Fund Hearing no further discussion, Vice -Chair Hays thanked Ms. Snell for her presentation and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the 2021 Annual Tax Settlement. Upon roll call vote, the MOTION CARRIED 4 TO 0. County Manager Coudriet stated that Ms. Snell and her team do not perform collections in a forceful or aggressive manner. Rather they have embraced the idea of helping taxpayers comply with the local tax code and why he feels there is a collection rate of 99.55%. The work Ms. Snell and her team does is professionalism at the highest level. A copy of the report is available for review in the Tax Department. PUBLIC HEARING AND APPROVAL OF A REQUEST BY FREDERICK KUMPEL TO CLOSE AN UNDEVELOPED RIGHT-OF- WAY LOCATED BETWEEN 2805 AND 2809 BLUE CLAY ROAD AND ADOPTION OF AN ORDER TO CLOSE A PUBLIC RIGHT-OF-WAY Senior Planner Robert Farrell stated that the public hearing concerns a request to close an approximately 200-foot long by 60-foot-wide undeveloped road stub located between 2805 and 2809 Blue Clay Road. He provided an overview of the area noting that the subject site is just north of the intersection of Blue Clay Road and Kerr Avenue. The stub is not currently in use and the North Carolina Department of Transportation (NCDOT) staff has stated the right-of-way does not meet NCDOT standards and there is no intention of adopting it into the maintenance program. Three road stubs were created as part of a 14-lot subdivision in 1955 presumably to provide access to the interior of the parent tract for future development. The remainder of the tract was not developed residentially and became what is now the Optimist Park. The park maintains three separate access points directly onto Kerr Avenue and does not utilize the stub for any permanent or temporary access to Blue Clay Road. Mr. Farrell provided an overview of the site's existing conditions and the proximity to the intersection. Mr. Farrell stated that the applicant is working with Cape Fear Public Utility Authority (CFPUA) and the Optimist Park on drafting easements to allow CFPUA to maintain the existing utility lines along the right-of-way and to allow the park to continue their historic access to the area for property maintenance. Because the proposed road closure is for an unimproved right-of-way that will close an access near the intersection of Blue Clay Road and Kerr Avenue, staff recommends adoption of an order to close the public road, reserving and excepting the rights exercised NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 1, 2022 PAGE 502 by CFPUA within the previously dedicated public street, and to file the order in the Register of Deeds. If the Board decides to approve the request, staff has drafted a motion in coordination with the County Attorney's office that addresses CFPUA's easement needs as shown in the agenda packet. Frederick Kumpel, applicant, stated that the request is to close the undeveloped right-of-way that he and others maintain that is not being used. The Supper Optimist Club has several other access areas and in discussing the request with representatives from that club, there were no objections. In response to Board questions, Mr. Kumpel stated the subject road is on the backside of the ballpark. Hearing no further discussion, Vice -Chair Hays stated that pursuant to General Statute 153A-241, the Board may hold a public hearing at which time any persons who wish to be heard may appear, to consider whether the proposed adoption of an order to close a public right-of-way would be detrimental to the public interest or to any individual property rights. She asked for a motion to open the public hearing. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to open the public hearing. Upon roll call vote, the MOTION CARRIED 4 TO 0. Vice -Chair Hays stated that no one signed up to speak in favor or in opposition to the request and asked for a motion to close the public hearing. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to close the public hearing. Upon roll call vote, the MOTION CARRIED 4 TO 0. Hearing no further discussion, Vice -Chair Hays asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the proposed road closure as it would not be detrimental to the public interest or to any individual property rights, and adopt the order closing the public road, reserving and excepting the rights exercised by CFPUA within the previously dedicated public street, and to file the order in the office of the Register of Deeds. Upon roll call vote, the MOTION CARRIED 4 TO 0. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 31.5. PUBLIC HEARING AND ADOPTION OF ASSESSMENT RESOLUTION FOR STONEYBROOK ROAD AND BEDROCK COURT IMPROVEMENT PROJECT Senior Long Range Planner Rachel LaCoe stated that this is the second of four presentations on this matter. The first presentation was during the June 201" meeting where the Board adopted a preliminary assessment resolution to finance road improvements of a residential street to bring it up to the standards of NCDOT so it may become part of the state -maintained system. The preliminary resolution also called for a public hearing on August 1, 2022 on matters related to the special assessment. Proper public notice was filed and copies of the preliminary resolution for the special assessment were mailed to the affected property owners as called for by state law. The subject roads are in the Stoneybrook subdivision off Middle Sound Loop Road. All 23 benefited properties on Bedrock Court and the portion Stoneybrook Road from Anchors Bend Way to Hervey Lane have signed the petition. The project is about 1,150 linear feet. In addition to the petition being brought forward, there is also a portion of Stonybrook Road to be improved by residents privately. The improvements are required by NCDOT to make the full connection to the NCDOT maintained portion of Stoneybrook Road. County Engineering staff has been working with the resident liaison, Mr. Robert Weber, to include the additional repairs in the overall construction project to ensure all NCDOT requirements. Ms. LaCoe further stated that regarding cost, the initial quote of approximately $35,000 was received in January but due to cost escalation and project contingencies, the work is currently being estimated to be closer to $42,000. The estimation would equate to each property being assessed around $1,800. Staff will not know the final cost of the project until the work has been bid out and completed. The property owners would have up to five years to repay the County at an interest rate of 5.5% per year. Ms. LaCoe concluded the presentation stating that if the assessment resolution is adopted, County Engineering will move forward with the procurement and construction process. State law allows 10 days for adjacent residents withdraw from the petition. The information has been provided to the neighborhood liaison, Mr. Weber. Prior to the contract award, a budget amendment with the contract amount will be brought forward for Board consideration and approval. In response to Board questions, Ms. LaCoe confirmed that 100% of the property owners have signed off on the matter. Chief Finance Officer Eric Credle and County Attorney Copley explained that if there is any uncollected amount from the property owners, it would not affect the work being done. A lien would be placed on the property against the property owners that did not pay. The lien would have to be satisfied before selling the property or borrowing money against it. In response to further Board questions, Ms. LaCoe stated staff has compared the quote that the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 1, 2022 PAGE 503 homeowners received to the work that was required and checked with NCDOT to ensure that the quote received is in line with what it would accept and NCDOT agreed. Vice -Chair Hays stated that the public hearing is concerning the Stoneybrook Road and Bedrock Court improvement project and that staff would present information on the assessment resolution. She then asked for direction from the Board to open the public hearing. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to open the public hearing. Upon roll call vote, the MOTION CARRIED 4 TO 0. Vice -Chair Hays stated that no one signed up to speak in favor or in opposition to the request and invited the petitioner, Robert Webber, to provide any remarks on the request. Mr. Webber, resident of Bedrock Court, expressed appreciation on behalf of the residents for the assistance received from County staff and others to bring the matter forward for Board consideration. The roads are a mess due to the lack of maintenance and the developer, Jack Stocks, never met the obligation to turn over the completed streets to NCDOT when the neighborhood was built out. In 2011, NCDOT sent Mr. Stocks a letter detailing the deficiencies that must be included for NCDOT acceptance and very little was done. In 2015, ten residents on Bedrock Court pitched in a total of $5,000 for a contractor to make repairs to keep the road from collapsing. Neighbors around them have their roads maintained by NCDOT while these subject roads continue to deteriorate. He would appreciate the Board approving the request. In response to Board questions, Mr. Webber stated he understands that the bids received by staff may be higher than what he has on hand. However, the roads need to be fixed and worsen every day. Since this process has started, he has seen further deterioration of the subject roads. In response to Board questions, Ms. LaCoe stated she would contact NCDOT Division 3 Engineer Chad Kimes about the potential of any remaining contingency funds being available that could be used towards the project. Hearing no further discussion, Vice -Chair Hays asked for a motion to close the public hearing. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to close the public hearing. Upon roll call vote, the MOTION CARRIED 4 TO 0. Hearing no further discussion, Vice -Chair Hays asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the assessment resolution as presented. Upon roll call vote, the MOTION CARRIED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 31.6. PUBLIC COMMENTS ON NON -AGENDA ITEMS Vice -Chair Hays stated before moving forward with the public comment portion of the meeting, she understood that some speakers were present to make comments about the recent news reports regarding Chair Olson-Boseman. She felt it was important for everyone to understand the legal boundaries that this Board of Commissioners is subject to regarding any elected member. Based on state law, this Board cannot remove any Commissioner who was duly elected to office unless the Commissioner moves outside of the jurisdiction they were elected to serve or is convicted of a felony. In addition, the Board elects a chair and vice -chair at the first meeting in December to serve for a one-year term. According to the Rules of Procedure for Meetings of the New Hanover County Board of Commissioners, the same rules apply in that the Board cannot remove a commissioner from their role as chair or vice -chair unless they are disqualified from serving in office, meaning they have moved outside their jurisdiction or are convicted of a felony. She reiterated that she wanted everyone to be aware of the legal restrictions prior to making their public comments. She further stated that two people signed up to speak on non -agenda items and invited the speakers to provide remarks. Neal Shulman, resident of Nash Drive, expressed concerns about the recent news reports regarding Chair Olson-Boseman and the lack of action by the rest of the Board. He also expressed concerns about the reduction in the quality and level of care provided by Novant — New Hanover Regional Medical Center and the lack of nurses being a serious issue at the hospital. Chair Olson-Boseman departed the meeting at 5:02 p.m. Matt Rhodes, resident of Fordham Road, expressed his concerns about the homeless population and trash, including needles, in front of the main library in downtown Wilmington. For years he has taken his children to the main library to help them with learning how to improve their reading and comprehension due to both having medical issues that require additional effort to help them learn. It is a safety issue with what he is seeing at the main library and he realizes that some of the people have various mental illness, substance use disorders, and are just down on their luck. He feels it is something that needs to be addressed and he wants to help while making the area healthier and safer. He knows many are disabled veterans; they and others deserve the community's support. It is also NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 1, 2022 BOOK 35 PAGE 504 important that the people are identified in the event they are wanted for a crime. He also is concerned about people being able to enter and depart safely and how it reflects on the County. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional agenda items of business. ADJOURNMENT There being no further business, Vice -Chair Hays asked for a motion to adjourn the meeting. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adjourn the meeting. Upon roll call vote, the MOTION PASSED 3 TO 0 and the meeting was adjourned at 5:07 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 online at www.nhcgov.com.