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2023-01-23 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 618 ASSEMBLY The New Hanover County Board of Commissioners met January 23, 2023, at 9:00 a.m. in Regular Session in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner Deb Hays; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. Charlreen Mapson, Price Cathedral AME Zion Church provided the invocation and Commissioner Rob Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Commissioner Hays requested to pull Consent Agenda Item #3 Final Approval for Authority to Purchase Property Located at 1605 Robin Hood Road, Wilmington for further discussion and consideration. Commissioner Zapple requested to pull Consent Agenda Item #4 Approval of Lease Agreement with Cape Fear Community College for Property Located at 319 North Third Street for further discussion and consideration. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting held on January 5, 2023 and the Regular Meeting held on January 9, 2023. Adoption of a Resolution of Support for East Coast Greenway Grant Application – County Manager The Commissioners approved a resolution in support of an application by the East Coast Greenway to the North Carolina Department of Transportation for the Integrated Mobility Division Feasibility Study Grant Program for a feasibility study along the Island Greenway in Kure Beach and Fort Fisher. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 2.1. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books – Register of Deeds The Commissioners authorized and sanctioned the New Hanover County Register of Deeds office to remove the records identified from the New Hanover County Registry for the purposes of repair, restoration, and encapsulation by Kofile Preservation. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 2.2. Approval of December 2022 Tax Collection Reports – Tax The Commissioners approved the December 2022 tax collection reports for New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 2.3. Discussion and Final Approval for Authority to Purchase Property Located at 1605 Robin Hood Road, Wilmington – County Manager Commissioner Hays stated that she wanted the document verbiage to reflect the appraised value of $1.49 million as the amount paid for the 1605 Robin Hood Road property rather than the original amount of a price not to exceed $1.65 million. In response to Board questions, Chief Financial Officer Eric Credle stated the Board approved during the September 19, 2022 meeting to purchase the property at a price not to exceed $1.65 million subject to the remaining due diligence which included obtaining an appraisal of the property. The seller has indicated they would accept the $1.49 million. Hearing no further discussion, Chair Rivenbark asked for Board direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 619 Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to approve and authorize the purchase of property located 1605 Robin Hood Road at a price to not exceed $1.49 million, subject to remaining due diligence. Upon vote, the MOTION CARRIED UNANIMOUSLY. Additional Information: The purchase of the 1605 Robin Hood Road property is for the purpose of establishing a medical detox and crisis stabilization facility. This site is near the hospital and was the former senior rest home, Sherwood Manor. The building has approximately 13,900 square feet, which would potentially include 16 beds for detox services and 20 beds for transitional housing. After an acquisition of this property, it is expected that the County will coordinate with Trillium, LINC, and RHA Health to plan for renovations to the property and to structure the logistics of its operations. Discussion and Approval of Lease Agreement with Cape Fear Community College (CFCC) for Property Located at 319 North Third Street – Finance Commissioner Zapple stated that the partnership between the County and CFCC for the purchase and subsequent lease agreement of the 319 North Third Street property is to not only expand the nursing program to address the nursing shortage but also to expand the allied health programs. The location is ideal as it is adjacent to the downtown CFCC main campus. County Manager Coudriet stated that the County has not yet closed on the property. The closing has been delayed due to a disagreement by the seller and the original owner and the County will not close until the disagreement is resolved. The North Carolina State Board of Community Colleges will have to also approve the lease agreement and they will meet in February. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Hays to approve and authorize a lease between New Hanover County and Cape Fear Community College upon the completion of the purchase of the property. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Elizabeth Perrone, Sheriff’s Office, retiring with 25 years of service. Chair Rivenbark presented the retirement award to Ms. Perrone and the Commissioners expressed appreciation and thanked her for her years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Maria Bennett, Community Justice Services Dietrich Blum, Health and Human Services (HHS) – Public Health Elena Lotten, County Manager’s Office Maryann Mincher, Sheriff’s Office Susan Robinson, Community Justice Services Kimberly Stoklasa, HHS – Public Health Ten Years: Shelley Strickland, HHS – Public Health Fifteen Years: David Griswold, Sheriff’s Office Maria Standfest, Finance Twenty-Five Years: Mary Thompson, HHS – Social Services Chair Rivenbark presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to stand and be introduced: Sherrie Buffum, HHS – Social Services Michael Harris, HHS – Public Health Matthew King, Sheriff’s Office Brian Kohlenberg, Facilities Management Mary Lockamy, HHS – Public Health Wrona McReynolds, HHS – Social Services Thomas Stetler, Information Technology The Commissioners welcomed the employees to County Government and wished them success in their new positions. CONSIDERATION AND ADOPTION OF NEW HANOVER COUNTY LEGISLATIVE PRIORITIES RESOLUTION FOR 2023-24 Intergovernmental Affairs Manager Tim Buckland presented the legislative priorities for 2023-2024:  New Hanover County Priorities – Advancing Legislative Goals: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 620  Advocacy:  Representation in Washington and Raleigh:  Prime Policy Group (Washington) – Keith Smith  Fetzer Strategic Partners (Raleigh) – Tom Fetzer and Susan Vick  Ward and Smith (Raleigh) – Mike McIntyre and Whitney Christensen  Participation in N.C. Association of County Commissioners (NCACC) and National Association of Counties (NACo)  Priorities reflect ongoing and emerging issues  Work beyond the scope of listed priorities  Engagement with elected and administrative partners at state and federal levels  2021-22 Accomplishments:  American Rescue Plan – direct federal relief to help the community recover from the pandemic  CSDR projects in Carolina Beach and Kure Beach completed  Recurring state CSDR funding now an NCACC statewide priority  Significant movement to hold PFAS polluters accountable  Maintained $31 million in annual recurring funding for film grant  Proposed bill on emergency aid enhancement  Movement on Medicaid expansion  Coastal Storm Damage Reduction:  The Board supports the state identifying a recurring source of funding of at least $25 million annually to the beach nourishment fund created by the General Assembly in 2018 to support ongoing coastal storm damage reduction (CSDR) projects  The Board further supports continued federal and state funding of Congressionally approved CSDR projects for Wrightsville Beach, Carolina Beach, and Kure Beach  Cape Fear Memorial Bridge:  The Board supports the commitment of necessary federal and state resources to fund the replacement of the Cape Fear Memorial Bridge. The bridge was built in 1969 and its age and ongoing maintenance expenses are inadequate to meet future growth.  Protecting Drinking Water:  The Board supports the state and federal governments establishing formal standards for perfluorinated chemicals (PFOA and PFOS) and establishing and enforcing health advisory standards for emerging contaminants to ensure drinking water quality  The Board further supports legislation or action to hold polluters financially responsible for cleanup and remediation of these chemicals in drinking water and a state appropriation to replace Lower Cape Fear Water and Sewer raw water line  Enhancing Recovery and Resiliency:  The Board supports administrative and legislative changes to federal agencies and regulations, including, but not limited to, the Federal Emergency Management Agency (FEMA) and the U.S. Housing and Urban Development Administration (HUD), that would accelerate the flow of aid to local governments to respond to natural disasters and other emergencies  Supporting Film Industry:  The Board supports recurring and increased funding for the state’s film grant program to continue attracting film projects that move rapidly and consider numerous locations for productions. The film industry supports nearly 1,000 local jobs and is a significant contributor to the county’s economy. The Board further encourages legislative efforts and opportunities to improve or expand the program.  Supporting Schools:  The Board supports a statewide school capital commitment of no less than $2 billion at the earliest possible time in accordance with state statutes  The Board supports the state returning to the original Education Lottery formula that set aside 40 percent for capital needs  Superior Public Health:  The Board supports a federally supported expansion of Medicaid to insure those not eligible for subsidies through the federal healthcare exchange  North Carolina is one of 11 states not to adopt Medicaid expansion  The Board supports increased federal and state funding to address mental health and substance use disorder support and treatment  State Specialty Court Funding:  The Board supports the state reinstating its financial support for drug treatment courts. The county has operated a drug treatment court successfully since the state withdrew funding for treatment courts in 2011 by fully funding, at an expense of more than $1.5 million since 2011, and staffing a drug treatment and DWI court for county residents. Treatment courts are an extension of the judicial system, and the state has the primary duty to fund the court system and its associated services.  Transportation Infrastructure:  The Board supports fair and equitable funding through the N.C. Department of Transportation for infrastructure to support New Hanover County’s transportation needs as the county continues to rapidly grow. The Board finds that appropriate DOT support and developing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 621 additional and alternative revenue sources beyond fuel taxes, will help provide the necessary infrastructure to accommodate an increasing population and address the Board’s priorities to encourage an increased stock of affordable and workplace housing. Chair Rivenbark thanked Mr. Buckland for the presentation and open the floor to Board discussion. Commissioner Barfield stated that at the county level, it is the responsibility of a board of commissioners to pay any additional supplement for a community college president's salary, but not for faculty and staff salaries. He would like to amend the proposed resolution to include verbiage that the Board supports increased state funding to provide equitable salary increases to recruit and retain all instructional and support staff at community colleges, including Cape Fear Community College. He would like for the County’s lobbyists, Mike McIntyre and Tom Fetzer, to encourage the state legislators to find ways to increase community college professor and employee pay across the state. A brief discussion was held about Commissioner Barfield’s request. The consensus of the Board was to amend the resolution to include the verbiage. In response to Board questions, Mr. Fetzer stated that Medicaid expansion passed in the North Carolina (NC) Senate last year but did not pass the House. In his opinion, the primary delay was that the NC Senate wanted some reform on certificate of need (CON) in North Carolina. During the last session, a CON reform package was presented to the NC Senate and was met with a tepid response. Since the end of last session several of the major hospital systems have presented a CON reform package that was favorably received by the NC Senate. There is no word yet from the NC House about it. As to Medicaid expansion, he is cautiously optimistic that it will pass in the current session of the state legislature but cannot offer any guarantees. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to adopt the 2023-24 legislative priorities resolution with the inclusion of the following priority:  WHEREAS, the Board supports increased state funding to provide equitable salary increases to recruit and retain all instructional and support staff at community colleges, including Cape Fear Community College. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 2.4. PRESENTATION OF CAPE FEAR PUBLIC UTILITY AUTHORITY (CFPUA) ANNUAL REPORT FOR 2022 CFPUA Executive Director Ken Waldroup presented the CFPUA 2022 annual report as follows:  Year In Review:  April: Region’s newest raw water main completed  June: CFPUA Board approves Strategic Plan, $512 million Capital Improvement Plan  July: CFPUA’s first rate increase in four years goes into effect:  Impact to average customer’s bill: $5.39/month  70% of increase due to costs related to Chemours’ PFAS  October: New GAC filters online at CFPUA’s Sweeney Water Treatment Plant:  PFAS, including GenX, removed to levels at or near non-detection  November: After CFPUA files motion to intervene, Chemours drops its appeal of a discharge permit from NCDEQ to reduce amount of company’s PFAS entering the Cape Fear River  Serving Our Customers:  Customer Service Activity for Fiscal Year (FY) 2022:  Infrastructure Conveyed: $7,322,667  Water Meters Installed: 1,690  Rate Affordability:  1.69% of MHI NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 622  Brunswick County: 1.83%  Fayetteville PWC: 2.03%  Onslow County: 2.16%  GAC Filters Online:  October: Deep-bed GAC filters come online at the Sweeney Plant  100% of water leaving the plant now being treated by GAC filters:  PFAS, including GenX, now being removed to levels at or near non-detection  Project constructed at a cost of $43 million:  FY23 operating costs: $3.7 million  Subsequent years operating costs: $5 million+  FY23 impact to average customer’s bill: $5.39/month  CFPUA Strategic Plan:  Stewardship: Managing our organizational, community, and environmental resources responsibly.  Sustainability: Making decisions today to meet the needs of current and future generations.  Service: Providing professional, timely services while contributing to the welfare of our community.  Safety: Making the safety of our staff and the community our highest priority.  Excellence: Exhibiting ownership and pride by continuously improving in all we do.  Capital Improvement Plan:  The Capital Improvement Plan (CIP) is CFPUA’s annual plan for new construction, improvements to existing infrastructure, and replacement/rehabilitation of aging infrastructure.  FY-2023 CIP total: $36.6 million: 77% for aging infrastructure  10-year CIP total: $512.35 million:  82% for aging infrastructure  Largest project: Southside Wastewater Treatment Plant Rehabilitation  Wrightsville Beach Consolidation Study:  March:  Board approves bulk water sale of as much as 150 million gallons per year at prevailing bulk water rate ($3.48 per 1,000 gallons) for five years  Wrightsville Beach and CFPUA begin dialogue about possible consolidation  Summer: CFPUA receives $400,000 grant from N.C. Department of Environmental Quality (NCDEQ) to study the feasibility of consolidation  September:  Board approves $300,000 contract with HDR, Inc. to complete the Utility Consolidation Feasibility Study  Separate study will evaluate possible rate and economic impacts; consultant has yet to be selected  Other Major Projects:  King’s Bluff Raw Water Transmission Main:  What: Construction of a 14-mile, 54-inch-diameter raw water transmission main in partnership with Brunswick County and LCFWASA.  Project timeline: November 2019 – April 2022  Cost to CFPUA: $36,173,593  Southern Regional Pump Station:  What: Construction of a pump station with an average daily flow of 1.2 MGD and approximately 10,000 feet of 16-inch-diameter PVC force main.  Project timeline: January 2023 – December 2023  Cost: $6.77 million  Northern Regional Pump Station (Phases A and B):  What: Construction of a new large-diameter sewer force main and pump station to serve northern New Hanover County.  Project Timeline: June 2022 – December 2026  Cost: $32.8 million  Finances:  Revenues - $95,9995,895:  Fixed water/wastewater charges: $33,383,322  Volumetric water/wastewater charges: $51,232,279  System development charges: $6,374,040  Other: $5,294,473  Expenditures - $91,425,735:  Debt Service: $25,184,355  Salaries and benefits: $26,133,005  Operating: $22,074,286  Capital projects: $18,034,089 Mr. Waldroup concluded the presentation expressing appreciation to CFPUA’s customers, staff, and stakeholders for their continued support. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 623 In response to Board questions, Mr. Waldroup stated discussions have been held with the representatives for Figure Eight Island about service being installed on the island. The representatives need to present a proposal and would need to pay a good portion of the installation costs. CFPUA’s growth policy includes a general philosophy that growth pays for growth. He then explained how developers work with CFPUA to have the water and sewer infrastructure installed for new developments. A brief discussion was held about how far CFPUA has come since its inception and how the capital improvement plan for the next 10 years indicates that 80% of the plan is to address aging infrastructure. Commissioners commented on the need to be initiative-taking and for the County to work with CFPUA on how to plan for future growth, particularly in the northern part of the County. Being proactive to have the infrastructure in the ground for economic development is what will help bring in commercial businesses to the community. Hearing no further discussion, Chair Rivenbark thanked Mr. Waldroup for the presentation. PRESENTATION: NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM - 2021-2022 FINAL REPORT Brad Rosov, M.Sc. Senior Marine Biologist/Project Manager with Coastal Protection Engineering of North Carolina, stated that the monthly monitoring of seven tidal creeks within the County has been done since November 2007. The creeks included in this study are Pages, Futch, Lords, Mott, Barnards, Smith, and Prince George. Beginning this program year, the mainly undeveloped watershed of Island Creek in northern New Hanover County was added to gain a baseline assessment of the watershed prior to future development. Also, three sampling sites are monitored from within the freshwater pond at Airlie Gardens. He then presented the 2021-2022 Water Quality Monitoring Program Final Report highlighting the results of the water quality samples collected and analyzed for biological, chemical, and physical parameters from the following monitoring stations:  New Hanover County Water Quality Monitoring Program:  Methods: monthly sampling from July 2021 – June 2022  Physical, biological, and chemical (Airlie Gardens only) parameters are utilized  Results:  2020-2021 Summary Results:  Long-Term Enterococci 2008-2022 Results:  Airlie Gardens Lake Monthly Monitoring:  AG-IN (northern part of lake), AG-Floating Dock (FD), AG-Outfall (OUT)  Physical Parameters, Chlorophyll-a, Orthophosphate, Nitrate/Nitrite  Airlie Gardens Lake Water Quality Results:  Nitrogen levels have been higher, on average, at AG-IN while Chlorophyll-a has been higher, on average, at AG-FD and AG-OUT  Constructed wetlands and recent dredging may improve water quality in the future  Conclusions:  Turbidity and Chlorophyll-a levels continue to be deemed to be “good” in all creeks.  Dissolved Oxygen levels fluctuate with water temperature  Overall, Enterococci bacteria have improved over the long-term study period  Enterococci bacteria remain elevated at Pages Creek (Upstream & Downstream Site) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 624  Water quality within Airlie Gardens appears to be driven in part by nutrient-laden stormwater runoff which may spur algal blooms and reduced dissolved oxygen.  Source Tracking via Thermal Imaging at Pages Creek:  Deployment of a UAV (drone) in partnership with UNCW’s Socio-Environmental Analysis Lab  Temperature differentials detected (residential properties and areas adjacent to sewer infrastructure)  2021-2022 Tracking Efforts following thermal imaging at Pages Creek:  Follow up and Next Steps:  Continue coordination with CFPUA regarding Bayshore Drive water quality  Continuation of monthly monitoring efforts within tidal creeks and the lake at Airlie Gardens In response to Board questions, Mr. Rosov stated there are several standards that determine what is healthy for enterococcus bacteria and it depends on the end use. Bacteria levels for recreation are not as stringent as levels for shellfish consumption. He confirmed that samples are taken from the sites once a month. As to the levels in Airlie Lake, he could not comment specifically if the levels are due to water runoff from the development directly across the street, from other sources, or a combination of the two. Hearing no further discussion, Chair Rivenbark thanked Mr. Rosov for the presentation. PUBLIC HEARING AND APPROVAL TO AMEND THE MARCH 5, 2021 DEVELOPMENT AGREEMENT WITH CAPE FEAR FD STONEWATER TO INCLUDE CONSTRUCTION OF A NEW BOARD OF ELECTIONS BUILDING AND ADOPTION OF ASSOCIATED BUDGET AMENDMENT Mr. Credle stated that the request concerns the construction of the Board of Elections (BOE) building on the current site of the new Government Center and was part of the adopted Fiscal Year 2022-2023 budget ordinance. The development agreement with Cape Fear FD Stonewater for the new Government Center needs to be amended to include the cost of the BOE building which would result in the guaranteed maximum price being increased by $5,594,881. The Board is being asked to approve the amendment of the development agreement as well as adopt the associated budget amendment to transfer the project amount from the CIP Capital Project fund to the Government Center Redevelopment Capital Project fund. Chief Facilities Officer Sara Warmuth provided an overview of the Board of Elections site and floor plans as follows:  Board of Elections Facility Site Plan:  Board of Elections Facility Floor Plan: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 625  Board of Elections Facility Rendering: In response to Board questions, Ms. Warmuth explained the benefits of building out the complex as far as utilizing meeting room space. The goal is to make everything as multi-use as possible. The one-stop voting area is approximately 2,000 square feet and there was always a plan to use it for meetings. The BOE furniture is the same as the new Government Center furniture so it adjustable to be setup for either small or large meetings. She also confirmed that there are allowances in the budget for public art purposes. Hearing no further discussion, Chair Bill Rivenbark stated that pursuant to North Carolina General Statute 143-128.1C, before considering a development agreement, the Board shall hold a public hearing at which time any persons who wish to be heard may appear. He opened the public hearing and stated that one person signed up to speak in support of the request and no one signed up to speak in opposition. He invited the speaker to make remarks. Sam Franck, representing Ward and Smith, 127 Racine Drive, spoke in support of the request stating he was present to answer questions concerning the proposed amendment to the development agreement. There being no further public comments, Chair Rivenbark closed the public hearing and opened the floor for Board discussion. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Hays to approve the amendment to the March 5, 2021 development agreement with Cape Fear FD Stonewater to include construction of a new Board of Elections building, authorize staff to execute the agreement and associated closing documents and to adopt the associated budget amendment 23-044. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment 23-044 is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 2.5. UPDATE ON STREET OUTREACH AND ADOPTION OF AMENDMENT TO NEW HANOVER COUNTY CODE OF ORDINANCES CHAPTER 38 Health and Humans Services (HHS) Director Donna Fayko presented the following information on the street outreach program:  Getting Home Street Outreach Program Update:  Getting Home Program:  Partnership between New Hanover County HHS Mental Health Division and City of Wilmington (City) Police Department (WPD) to prepare unsheltered residents for sheltering and re-homing through service provision while enhancing public safety  To focus upon keeping public spaces downtown healthy, clean, and safe  Person-centered approach working to build trust with emphasis on engagement and problem- solving through collaboration with other service providers  Roles:  Social Workers:  Assess the needs of each homeless individual  Arrange for provision of appropriate services  Follow up to ensure service delivery  Track progress  Gather and compile data  Incorporate and collaborate with all homeless providers, modeling Wilmington Downtown, Inc./Block by Block Street Outreach  Other duties as assigned by the County  Law Enforcement:  Establish rapport with homeless population and refer them to services.  Utilize traditional community engagement functions: identifying underlying conditions and formulating plans to address them.  Ensure social worker safety.  Enforce compliance with laws, policies, and ordinances  Other duties as assigned by Wilmington Police Department (WPD) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 626  Timeline of Inception:  Outcomes to Date:  The Bin Den:  The Getting Home team opened the “Bin Den” to offer unsheltered individuals staying at the County Block area a free place to safely store their belongings, helping declutter the area and aid in the visual aesthetic.  Individuals can check their belongings in each morning, freeing them to work or attend meetings while dually improving the daily optics of the area.  Bin Den Successes by Week:  “Change Comes at The Speed of Trust”:  After only a month of outreach and relationship building, we are making progress with some of our community’s most guarded individuals. This progress includes:  learning the stories of the individuals  assessing needs  linking and transporting to services  storing their belongings Ms. Warmuth reported on the cleanup efforts stating that Facilities Management has contracted with two biohazard cleanup companies. Daily cleanup starts at 10 AM with one vendor going to the site to clean up and throw away anything that is left unattended. The second vendor visits the site every Thursday to not only participate in the cleanup, but pressure wash the entire site, which includes pressure washing the stairwell once a month. The weekly cost for the cleanup is approximately $2,400 with the approximate total expenditures to date being $13,000. New Hanover County Sheriff Ed McMahon reported on the meeting he had with Chair Rivenbark and Vice- Chair Pierce at the downtown library site. A lot of positive things are occurring at the site through the assistance being offered to homeless individuals. However, the New Hanover County Sheriff’s Office (NHCSO) has responded to assaults, sexual assaults, larcenies, and drug activities. He expressed concerns about the growing public health hazard of homeless individuals essentially living at the downtown library and County parking deck. Further, he feels the area is going to become unsafe for library patrons and citizens who try to park in the parking deck. The area is increasingly becoming a hub for the homeless population. He further stated that he wants the individuals to obtain the help and services they need but allowing them to live and sleep in such inhumane conditions does not benefit anybody. The crimes that have been committed up to this point have been committed within the homeless community. At this time, there is nothing law enforcement can do unless a specific crime is committed because there is no ordinance to stop anybody from living, sleeping, or loitering in that area. He asked the Board to adopt the ordinance amendment, with one exception, to extend the prohibition of sleeping to not be allowed at any time. The adoption of the ordinance amendment would allow the NHCSO the ability to ensure a safe environment for the employees and citizens that use the area. Chair Rivenbark thanked Sheriff McMahon, Ms. Warmth, and Ms. Fayko for the presentation and opened the floor to Board discussion. Commissioner Hays stated as chair of Wilmington Downtown Inc. she has been intimately involved with the downtown homeless issue. She expressed appreciation to the street outreach teams for their work since the program started noting that it is a long process to build trust with homeless citizens to help them obtain services. By NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 627 helping the individuals obtain services they can eventually take care of themselves. She also feels it is a health hazard for the citizens and there is a need to ensure that public property is accessible to everyone. In response to Board questions, Ms. Warmuth stated her team is actively working to restore service to a parking deck elevator that was vandalized. There have been many issues with the elevators, but only one of the issues was the vandalism of the electrical room by someone breaking into it and causing damage. There is one more board that is needed and once it is received the repairs can take place. Commissioner Zapple stated that he spends as a good portion of each day at the Thalian Hall Center for the Performing Arts (Thalian Hall) and the staff uses the County parking deck even though they do not feel safe doing so. He confirmed what Ms. Fayko, Ms. Warmuth, and Sheriff McMahon stated and stated that the situation is intolerable. The Thalian Hall staff use the stairwell furthest away due to the stench and unsanitary conditions of the stairwell closest to the library side as well as being confronted by what individuals are doing in the stairwell. They have also reported seeing active drug use and drug transactions taking place. While he appreciates everyone’s efforts, the situation gone on for too long and more aggressive steps need to be made to clean it up. He feels the current efforts need to be redoubled and expressed his support of the ordinance amendment, including the signage. In response to Board questions, Ms. Fayko stated that the social work team is at the Bin Den every morning from 8:00 AM to 10:00 AM and then in the afternoon from 4:00 PM to 7:00 PM. Vice-Chair Pierce stated that the community is compassionate and does need to help the homeless citizens as much as possible. The County has also made strides through a variety of efforts to help the homeless. However, when Sheriff McMahon states that he fears for the safety of the citizens that are coming to the area, it is a problem for her. She expressed her support of the ordinance amendment including the adjustment Sheriff McMahon requested to extend the prohibition of sleeping to not be allowed at any time. She feels the best thing for the County to do is to try to get the people to the right facilities to get the assistance and services they need. Chair Rivenbark stated that in his interactions with the homeless people at the downtown library, there is a group that do not care and do not want to work, interact in society, and will not be forced into anything. There are others that want to go back to their homes but are having a hard time getting back on their feet and then there are those with mental health issues. Commissioner Barfield stated that over the years this county government has asked various organizations and citizens, either through committees or task forces, to help achieve a certain goal as directed by the Board. Those people spend their time, resources, and efforts doing what has been asked of them, only to come in and have this Board dismiss their efforts. Community partners have been asked to assist the County in solving this problem, the street outreach team just came together in November and put things in place in December, and now in January, the County is saying thanks for the efforts, but we want to do it our way. Eventually no one is going to be willing to work with the County to solve issues in the community. The Cape Fear Continuum of Care (CFCOC), community partners, and the County team need to be given the opportunity to do what is being asked of them. One month is not enough time to allow the work to take place and see improvements. There is a need to get to the root of the chronic homelessness problem and if that is not achieved, the problem will continue throughout the County, not just downtown. As to Sheriff McMahon’s request to limit sleeping altogether, he asked if that would include people just enjoying the afternoon at a county park or one of the beaches who may take a nap while visiting one of those places. He is challenged by what is being asked of the Board as the ordinance amendment would apply county-wide, not just to the downtown library and parking deck. He looks forward to seeing the Getting Home Street Outreach Program (GHSOP) continue to move in a positive direction and being fully funded. When he visits Long Leaf Park, he sees County staff frequently pressure washing the picnic tables, cleaning out the animal waste bins, and others picking up pinecones and general trash. It is the same thing being done downtown but sort of different. He further stated that he would not support the ordinance amendment. In response to Board questions, Ms. Fayko stated that it was correct that the GHSOP is joint effort between the County and City, not the Cape Fear COC. Commissioner Hays stated that the CFCOC was developed several years ago out of the 10-Year Plan to End Chronic Homelessness. The new joint effort between the County and City to help provide the homeless population a fully supportive environment. She feels the ordinance amendment is the right thing to adopt and is fully supportive of the GHSOP. She stated that she would make a motion to adopt the ordinance amendment with the adjustment as requested by Sheriff McMahon that sleeping on County property would be prohibited 24 hours a day. Motion: Commissioner Hays MOVED to adopt the ordinance amendment to New Hanover County Code of Ordinances Chapter 38 with Section 38-34(a) being changed to stated that sleeping on County property would be prohibited 24 hours a day. In response to Board questions, Sheriff McMahon stated that as it relates to the downtown library and County parking deck, individuals are living and sleeping onsite with blankets fully covering them. The deputies would explain to the individuals that they could not do those things as the area is for people to enjoy. Commissioner Barfield reiterated that the ordinance amendment would apply county-wide, not just to the downtown library and the County parking deck. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 628 County Manager Coudriet stated that Commissioner Barfield was correct and that is why the legal department crafted the language as it is being presented. Staff thinks it covers everything that the Board has asked for because language in subparagraph (a) of the ordinance amendment in the agenda packet includes “…between the hours of 10:00 PM and 7:00 AM or such other times as prohibited by signage, rule, policy, regulation, or law.” It allows for specific designation at specific facilities. He thinks the concern is if the language is changed as requested by Sheriff McMahon how it will be enforced across all County-owned facilities. He does not believe that was the Board’s intention and is why the language he just read aloud is inclusive that if there are isolated areas, either administratively or through Board direction, staff can address it. Commissioner Hays stated she would amend her motion to adopt the ordinance amendment as presented. Vice-Chair Pierce stated she would second the motion. Amended Motion: Commissioner Hays MOVED, SECONDED by Vice-Chair Pierce to adopt the ordinance amendment to New Hanover County Code of Ordinances Chapter 38 as presented. In response to Board questions, Sheriff McMahon stated that the Parks Resource Officers Unit enforces the ordinances to include sleeping and parks closing at certain times as well as state laws. He agreed with Commissioner Barfield that if someone wants to take a nap they should be allowed to do so, however he wants the ordinance amendment to be effective. If sleeping and living at the downtown library and County parking deck area are allowed to continue, there will continue to be ongoing problems as the area is a hub for the homeless. Good progress is being made with the work being done, but the problem is what happens after dark when there are no open bathroom facilities and no place to get out of the weather. It is creating a safety concern for him. As to the homeless that are now living near the City Men’s Club, WPD would have to address that issue and it cannot enforce County ordinances and vice-versa. In response to Board questions, County Manager Coudriet stated the ordinance amendment provides what the NHCSO needs and specifies that County facilities can only be used for the purposes for which they are designed. It would never be appropriate for someone to take up residence or camp out in one of the County lots or decks and will now be part of the County policy if the ordinance amendment is adopted. If someone is resting at a park or at Story Park at the downtown library, that is a designed intention. The ordinance amendment more than accomplishes what the Board asked for from staff. If the situation with the downtown library and County parking deck does not improve, specific language can be posted at those sites stating that a person will not be allowed to sleep on County property. Staff does not feel that will be necessary, but the ordinance amendment provides the latitude for that area or anywhere else where that issue is escalating. He asked the Board to be very conservative in the language and allow the ordinance amendment to come into effect if approved for adoption. If progress is not seen then staff can address specific sites with interventions that are necessary to keep specific sites safe, healthy, sanitary, and secure. He confirmed that the Board can amend the ordinance in the future. Further discussion was held about the ongoing issues occurring at the downtown library and County parking deck. Commissioner Zapple stated the ordinance amendment addresses a problem where there is increasing illegal activity occurring and gives the NHCSO the authority to be able to stop it so the areas can be used as intended. Commissioner Barfield stated for clarification purposes that what he stated earlier was that the GHSOP is new, and more time needs to be given for the work to take place and see improvements. Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED 4 TO 1. Commissioner Barfield dissenting. A brief discussion was held about when the ordinance amendment would need to come back before the Board for a second reading due to the vote not being unanimous. County Attorney Copley stated that Board could thth direct staff to bring it back for consideration either at the February 6 or 20 meeting as there is no requirement to wait 30 days. After further discussion, a majority of the Board agreed to bring it back for consideration on the th February 6 agenda. County Manager Coudriet stated that at that time the ordinance amendment will only need a majority approval to be adopted. REPORT OUT ON OUTCOMES OF NEW HANOVER COUNTY'S FIVE-YEAR STRATEGIC PLAN AND APPROVAL TO DEVELOP THE NEXT FIVE-YEAR STRATEGIC PLAN Chief Strategy Officer Jennifer Rigby presented the report-out on the County’s five-year strategic plan as follows:  2018-2023 Strategic Plan Report Out:  Intelligent Growth and Economic Development Accomplishments:  Provided $300,000 of incentives to create and maintain 465 new jobs  Committed $1.9 million of incentives to create 1,064 new jobs as well as private capital investment  Updated the Zoning Ordinance and focused on water/sewer investments to support mixed use development needed to establish complete communities  Allocated $15 million over a five year period to address workforce housing  Constructed multi-use trails that provide connections to Ogden Elementary School and neighborhoods in the Middle Sound Loop area. Trails are underway on North College Road and South College Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 629  Superior Education and Workforce Accomplishments:  Established 12 new pre-k classrooms that have served 450 three and four-year-old students  Supported teachers with increased county salary supplement and bonuses, housing and professional development incentives, and classroom support through volunteers rd  Established a 3 grade reading program with community partners and county staff volunteers  Expanded school based mental health – providing 35 mental health professionals  Established wrap around support for families through Port City United  Provided free community wi-fi access points  Superior Public Health and Safety Accomplishments:  Led public health measures and protections during the pandemic  Provided leadership through the nationwide opioid litigation to deliver the state’s framework, resulting in over $18 million locally to address the opioid crisis  Established $50 million Mental Health and Substance Use Disorder fund  Developed a community-led Mental Health and Substance Use Disorder Strategy to guide strategic investments  Constructed The Healing Place, a peer-led, long-term residential drug and alcohol recovery facility  Developed a partnership with Northside Food Co-op to build a grocery store in a food desert  Earned International accreditation from the Commission on Fire Accreditation International (CFAI) for Fire Services Department  The Model of Good Governance:  Effective County Management  Strong Financial Performance  Customer focused Internal Business Processes  Service focused Organizational Capacity Chair Rivenbark thanked Ms. Rigby for the presentation and stated that he would like to propose that the Board move forward with a third strategic plan for the County. The County has come out stronger over the past five years due to having a well thought out and fully implemented strategic plan and he would like to see that happen again for the next five years. He then asked if there was Board agreement to direct staff to schedule planning sessions with the Board, meet with community stakeholders, and get feedback from the public to ensure the County has the right priorities and goals moving forward. He would like for the new strategic plan to be adopted in June 2023, to coincide with the Fiscal 2023-2024 budget adoption. In response to Board questions, Ms. Rigby stated that the County’s targets for superior education were 75% of children ready for kindergarten and 90% of third graders reading at grade level. The County has made significant investments in the pre-K program that helps children to be successful for kindergarten. The first cohort of children is now in the third grade and progress will be evaluated on children’s third grade reading to see if those early interventions established in pre-K helped them to be successful at reading at grade level. She feels the right framework is in place, but more time is needed to continue building on the progress already made. After a brief Board discussion regarding moving forward with the development of a new strategic plan, Chair Rivenbark asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Hays to approve the development of a new five-year strategic plan and direct staff to schedule planning sessions with the Board, meet with community stakeholders, and get feedback from the public to ensure the County has the right priorities and goals moving forward in order for the new strategic plan to be adopted in June 2023, to coincide with the Fiscal 2023-2024 budget adoption. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Adult Home Care Community Advisory Committee Chair Rivenbark reported that two vacancies exist on the New Hanover County Adult Home Care Community Advisory Committee with two applications available for consideration. Commissioner Hays nominated Denice Shackelford and Ida R. Smith for reappointment. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Denice Shackelford and Ida R. Smith to the New Hanover County Adult Home Care Community Advisory Committee for three year terms, with the terms to expire December 31, 2025. Appointment to the New Hanover County Commission on African American History, Heritage, and Culture Chair Rivenbark reported that one vacancy exists on the New Hanover County Commission on African American History, Heritage, and Culture in the At-Large category with five applications available for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 630 Commissioner Zapple nominated Nathan Saunders for appointment. Commissioner Hays seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Nathan Saunders in the At-Large category to the New Hanover County Commission on African American History, Heritage, and Culture with the unexpired term to expire August 31, 2024. Appointment to the New Hanover County Non-County Agency Funding Committee Chair Rivenbark reported that one vacancy exists on the New Hanover County Non-County Agency Funding Committee in the Cultural/Recreational category with one application available for consideration. Commissioner Zapple nominated Clare Kiley for appointment in the Cultural/Recreational category. Vice- Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Clare Kiley in the Cultural/Recreational category to the New Hanover County Non-County Agency Funding Committee with the unexpired term to expire June 30, 2024. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that one person signed up to speak on non-agenda items and invited the person to make remarks. Gail Major, resident of Canal Drive, stated she was following up on a grievance that was sent to many county officials concerning literature that causes harm to children. She and others strive, encourage, and welcome but also research documentation, such as civil and criminal laws, pertaining to certain literature that has been distributed in the New Hanover County Schools over the years. She expressed her concerns about the forms of literature that are allowed to be accessed by pre-K to grade 12 students and asked the Board to address the issue. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Hays stated that she thinks the Board needs to establish a remote meeting policy that would allow for a commissioner to have the ability to vote while participating remotely during a meeting. Currently when a commissioner participates remotely, his/her vote does not count towards a Board decision. She knows in certain instances such as planning items that even with such a policy in place a commissioner could not vote remotely. In response to Board questions, County Attorney Copley confirmed that a commissioner can participate remotely during a board meeting, but his/her vote will not be counted as part of the decision making process. County Manager Coudriet asked for clarification on what staff should be crafting for the Board to consider regarding remote participation. Commissioner Hays responded that it would be to craft something along the lines that once or twice a year a commissioner can participate remotely in a meeting and his/her vote can count unless it was a quasi-judicial matter. In response to Board questions, County Attorney Copley stated that the School of Government (SOG) recognizes that state statutes have not been amended to coincide with current technology. However, it is the opinion of the SOG that a commissioner can participate remotely in a meeting but cannot vote. She and her deputy county attorneys have looked researched the state statutes and agree with the SOG interpretation that remote voting is not allowed. Discussion ensued on how to proceed to address the ability to vote while participating remotely during a meeting. Commissioner Hays reiterated that she thinks the Board should look at getting that changed. Commissioner Zapple asked if what is being suggested is to lobby the local legislative delegation to address the issue and if so, he agreed. Commissioner Hays confirmed that was her suggestion. County Manager Coudriet commented that based on the discussion there is not necessarily a Board rule that is being looked for, but for staff to discuss with the local legislative delegation about advocating for the change at the state level to allow voting in a remote setting. Commissioner Hays stated that was correct. Commissioner Hays asked if the Board would like to address the remote policy. Commissioner Barfield stated that he hears County Attorney Copley and County Manager Coudriet loud and clear understanding that county governments are a creation of state government. Boards cannot make up their own rules and the state legislature will have to opine and provide clear direction on what a board can and cannot do. He does agree it would be good to work with the local delegation to start with as he is certain they are looking at what the state legislature is allowed to do with regards to a remote policy. He does not have an issue with having that conversation but would hate for the Board to move ahead of what the state says it can or cannot do, because then it is learned later that votes are negated based on Board actions that may not be the right actions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 23, 2023 PAGE 631 Commissioner Hays asked County Attorney Copley for clarification on their discussion as she understood it to be that if the Board created its own policy, separate from what the state’s policy is, that the Board could abide by that. County Attorney Copley stated that when discussing the interpretation with Commissioner Hays, she stated that her interpretation was the same as SOG but that if Commissioner Hays wanted to discuss it with the Board, she could. She did not want to overrule what the Board said to bring it forward, but she had given what was her legal opinion, and her legal opinion is that a commissioner can attend remotely but not vote. The Board does not have to take her legal opinion. Commissioner Hays stated that she values the opinions of County Attorney Copley and County Manager Coudriet. She further stated that she would like for the local legislative delegation to start looking at this matter and see what opportunities exist so the Board can have an effective remote policy. ADJOURNMENT There being no further business, Commissioner Hays MOVED, SECONDED by Vice-Chair Pierce to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY and Chair Rivenbark adjourned the meeting at 12:15 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.