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2023-02-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 646 ASSEMBLY The New Hanover County Board of Commissioners met February 20, 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 Deb Hays; and Commissioner Rob Zapple. Members absent: Commissioner Jonathan Barfield, Jr. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Chair Rivenbark stated that Commissioner Barfield was unable to attend the meeting and therefore, the board members present needed to excuse him from the meeting. He asked for motion and a second to excuse Commissioner Barfield from the February 20, 2023 meeting. Motion: Commissioner Hays MOVED, SECONDED by Vice-Chair Pierce to excuse Commissioner Barfield from the February 20, 2023 meeting. Upon vote, the MOTION PASSED 4 TO 0. INVOCATION AND PLEDGE OF ALLEGIANCE Senior Human Resources Analyst Bo Dean provided the invocation and Chair Rivenbark 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. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the Consent Agenda as presented. Upon vote, the MOTION PASSED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting and Closed Session held on February 2, 2023 and the Regular Meeting held on February 6, 2023. Adoption of Resolution Supporting the Request of the Lower Cape Fear Water and Sewer Authority for the North Carolina General Assembly to Provide Funding of a 10-Mile Parallel Line Phase 2 – Governing Body The Commissioners adopted a resolution supporting the request of the Lower Cape Fear Water and Sewer Authority for the North Carolina General Assembly to provide funding for Phase 2 of a 10-Mile Parallel Line. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.1. Approval to Amend Fee Schedule to Increase Deputy Contract Pay from $36 per hour to $46 per hour – Sheriff The Commissioners approved the amendment to the fee schedule to increase deputy contract pay for off- duty deputies to provide security, from $36 per hour to $46 per hour. Of that fee $40 will be paid to the deputy, $1.40 will be retained by the County as an administrative fee, and $4.60 will be paid to a company to administer the program. As a result of the decrease in the amount of the administrative fee, there will be a reduction in revenue collected by the County of approximately $38,000. The change will take effect on March 1, 2023. Approval of Donation of Permanent Utility Easement to the North Carolina Department of Transportation (NCDOT) for the Installation of a Traffic Signal at the Intersection of Halyburton Memorial Parkway and River Road – County Manager The Commissioners approved the requested NCDOT donation of a permanent utility easement at the intersection of Halyburton Memorial Parkway and River Road for the purpose of installing a traffic signal. NCDOT wants to add a traffic signal at the intersection of Halyburton Memorial Parkway and River Road in New Hanover County. The project is warranted for safety and increased traffic along both roads. The easement area is a 50-feet x 60-feet rectangle in the right of way. NCDOT anticipates that the traffic signal could be installed by March 2024. Adoption of a Resolution to Support the North Carolina Department of Public Safety's Efforts to Increase Division of Juvenile Justice Staff Salaries - County Manager The Commissioners adopted a resolution in support of efforts by the North Carolina Department of Public Safety to secure salary increases for staff of the Division of Juvenile Justice. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.2. Second Reading: Approval of Solid Waste Franchise Agreement for Weis Waste, LLC dba Bin There Dump That – County Attorney The Commissioners approved the second reading of the solid waste franchise agreement for Weis Waste, LLC dba Bin There Dump That. The franchise period runs for seven years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 647 Adoption of Amendment to the New Hanover County Code of Ordinances Chapter 17, Civil Emergencies, Article II, Department of Emergency Management – Emergency Management The Commissioners adopted an ordinance amendment of the New Hanover County Code of Ordinances Chapter 17, Civil Emergencies, Article II, Department of Emergency Management. A copy of the ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.3. Adoption of Resolution Approving the Representation for New Hanover Regional Medical Center Retirement Plans – Finance The Commissioners adopted a resolution approving Eric Credle, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer as authorized New Hanover County representatives with authority to conduct business on behalf of New Hanover County with First Citizens Bank & Trust Company, in its capacity as Discretionary Trustee. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.4. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2023:  Sheriff's Office 23-042, 23-047, 23-048, 23-050, 23-051  Senior Resource Center 23-045, 23-049  Library 23-046 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.5. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Sharon Huffman, County Attorney, retiring with 16 years of service. Chair Rivenbark presented the retirement award to Ms. Huffman 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: Avella Ballard, Register of Deeds Brigid Cotton, Senior Resource Center Norman (Jason) Lee, Information Technology Katina Reaves, Health and Human Services (HHS) – Public Health Darcie Roten, Cape Fear Museum Jawad Salmi, Facilities Management Ten Years: Dara Armstrong, HHS – Social Services Fifteen Years: Jennifer Karabin, Engineering Twenty-Five Years: Patricia Jauregui, Engineering Thirty Years: Lora Tyler, HHS – Administration 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: Alexandra Atkisson, Community Justice Services Jasmin Beatty, Facilities Management Amanda Caufield, Port City United Morghan Collins, Register of Deeds Demaine Hill, HHS – Social Services Diana Tyson, HHS – Social Services The Commissioners welcomed the employees to County Government and wished them success in their new positions. PRESENTATION OF NEW HANOVER COUNTY ALCOHOL BEVERAGE CONTROL BOARD UPDATE Charles Hill, New Hanover County Alcohol Beverage Control (ABC) General Manager, Bruce Shell, ABC Board Chair, and Cedric Dickerson, ABC Board Vice-Chair presented the annual update highlighting the following:  ABC Board Organization: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 648  Board Members: Bruce Shell, Chair; Cedric Dickerson, Vice Chair; Bill Rivenbark, Member; Tom Wolfe, Member; Angie Barr, Member; and Wanda Copley, Legal Counsel  Management Team: Charles Hill, General Manager; James Casteen, Assistant General Manager; Kathy Clark, Finance Officer; Danny Meeks, Purchasing and Logistics Director; Steven Welty, Payroll/Human Resources Generalist; and Karen King, Accounts Payable/Procurement Specialist  1935: New Hanover County first to legalize the sell whiskey in the state:  First two stores opened August 3, 1935  Three additional stores opened on August 5, 1935  Total Gross Sales:  2012: $33.4 million  2017: $44.1 million  2022: $65.1 million  Cases Received Per Week:  1966: averaged 1,000 cases  2012: averaged 3,720 cases  2017: averaged 4,624 cases  2022: averaged 6,300 cases  FY Ending June 30, 2022 Financial Information:  Independent auditors issued a “clean” audit report  Total sales: $65,121,966  Gross sales increased $5.9 million (10%)  Gross profit increased $1.8 million (11.83%)  Operating income increased $2.2 million (24.08%)  Local tax and profit distributions increased $1.4 million (13.73%)  Operating expenses decreased $335,000 (5.21%)  Recognized by North Carolina ABC Commission as the third most profitable in state out of 171 boards:  Distributions – Third in the State 2022:  Local Distribution History:  2012: $3.9 million  2017: $5.3 million  2022: $11.8 million  FY 2022 Total Amount of Distributions:  New Hanover County: $5,406,279  City of Wilmington: $3,234,277  Wrightsville Beach: $1,049,495  Carolina Beach: $941,834  Kure Beach: $24,976  Law Enforcement: $619,320  7% Alcohol/Substance Abuse Grant Program: $510,000  FY 2022 total distributions: $11,786,181(13.61% increase)  Taxes and Distributions Impact by the Penny on Local Taxpayers:  Alcohol Law Enforcement: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 649  The Board contracts with the New Hanover County Sheriff’s Department – Four Full-Time Officers (current year budget - $370,475)  Interlocal Agreements entered at the beginning of this year with other law enforcement agencies across the County for ABC Law Enforcement:  Wilmington Police Department: five officers  Wrightsville Beach Police Department: three officers  Carolina Beach Police Department: two officers  Law Enforcement Grants 2022:  Law enforcement grants offered to all five law enforcement agencies in New Hanover County  Total available grants of $150,000:  Awarded 2022:  New Hanover County Sherriff’s Department: $4,320  Carolina Beach Police Department: $50,000  Wrightsville Beach Police Department: $50,000  2022 law enforcement received a total of $619,320 through contract and grants  Community Outreach Annual Grant Program:  Grants are awarded to non-profit organization in New Hanover County for funding for education, prevention, treatment and/or research of alcohol and/or substance abuse (substance use disorder) per North Carolina General Statute 18B-805(h)  Awarded amounts from $10,000 to $100,000  Annually budgeted total amounts of awarded grants:  FY 2022 $510,000:  Brigade Boys & Girls Club: $100,000  Coastal Horizons: $100,000  Community Boys & Girls Club: $100,000  Leading into New Communities, Inc. (LINC): $60,000  The Centre of Redemption, DBA A Safe Place: $50,000  Tides, Inc.: $70,000  Peer Recovery Resources: $30,000  FY 2023 $620,000  The New Hanover County ABC Board continually strives to improve customer service and optimize profitability to make these significant financial contributions for the citizens of New Hanover County In response to Board questions, Mr. Shell provided an overview of what high school seniors must submit to be considered for a scholarship. Essentially, students submit an essay on underage drinking and the importance of being responsible. The Commissioners expressed appreciation to the ABC Board and staff for their work and for what they give back to the community. Chair Rivenbark thanked Mr. Hill, Mr. Shell, and Mr. Dickerson for the presentation. CONSIDERATION AND ADOPTION OF RESOLUTION AND BYLAWS ESTABLISHING THE NEW HANOVER COUNTY HISPANIC/LATINO COMMISSION Chief Diversity and Equity Officer Linda Thompson stated that she was honored to present the resolution to establish the first Hispanic/Latino commission in the County's history. The Office of Diversity and Equity recognized the need to create positive and productive relationships with the Hispanic/Latino community when the department was formed two years ago. She noted that members from the Hispanic/Latino community were present in support of the establishment of the commission. Diversity and Equity Outreach Coordinator Marimer McKenzie presented the following information on the request:  Resolution to Establish the New Hanover County Hispanic/Latino Commission:  Establishing a Hispanic/Latino Commission in the County is important for several reasons:  Representation, cultural awareness and understanding, community engagement, and growing population  The Hispanic/Latino Population is Growing Rapidly (per data.census.gov):  The United States (U.S.) Hispanic/Latino population reached 62.1 million in 2020 making it the second fastest growing demographic in the United States  In North Carolina (NC), the Hispanic/Latino population is over 1.1 million people and rising as of the 2020 census  The Hispanic/Latino population in NC has grown over 40% in the last 10 years  Hispanic/Latino Population in New Hanover County (per NCdemography.org):  Hispanic/Latino individuals make up 6.2% of the population (and rising as of the 2020 Census)  This number has already risen to 7.7% as of 2021  2021 Snapshot of Status of Hispanics/Latinos in NC:  Statewide, 10.7% of North Carolinas population is Hispanic or Latino, just over half the national average 18.7%  Approximately six out of ten Hispanics living in NC are U.S. born NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 650  As of 2020 buying power for Hispanics in NC was $23.8 billion dollars  The Hispanic/Latino community in the County is comprised of individuals from a variety of countries, including Mexico, Puerto Rico, El Salvador, Honduras, Guatemala, and Venezuela, among others. Many Latinos in the state are bilingual and have close ties to their cultural heritage.  Despite their growing numbers, Latinos in North Carolina, and New Hanover County face many challenges, including limited access to education, healthcare, and employment opportunities. In addition, many Hispanic immigrants struggle with language barriers and discrimination .  Important Takeaways:  Despite these challenges, the Latino community in NC including the County continues to grow and thrive, making significant contributions to the state's economy and cultural landscape  The New Hanover County Hispanic/Latino Commission will serve to further promote understanding, inclusiveness, and equity for the Hispanic/Latino community in the County. The commission shall be organized for the purpose of acting as an advocate for the Hispanic/Latino community and a resource of information on the status of Hispanics/Latinos in the County. Chair Rivenbark thanked Ms. Thompson and Ms. McKenzie for the presentation and open the floor to Board discussion. The Commissioners expressed appreciation for the request being brought forward for consideration. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to adopt the resolution and bylaws establishing the New Hanover County Hispanic/Latino Commission. Upon vote, the MOTION PASSED 4 TO 0. A copy of the resolution and bylaws are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 4.6. PRESENTATION OF THE COMMUNITY HEALTH NEEDS ASSESSMENT HHS Director Donna Fayko, Interim Public Health Director Jon Campbell, and HHS Equity Coordinator Fawn Rhodes presented the following information:  New Hanover County Community Health Needs Assessment (CHNA):  Purpose of Community Health Assessment:  Systematic process for evaluating community health  Community members identify needs, areas for improvement, resources, and strengths  Priority areas are selected for strategic planning  Promotes collaboration and action planning  Process of Community Health Assessment:  Data Comparison:  Brunswick, Buncombe, and Gaston counties  State of North Carolina  Targets from Healthy North Carolina 2030 objectives  Priority Selection:  Equitable Inclusion:  Equitable inclusion is a priority in any health assessment to ensure true reflection of community composition  Early analysis demonstrated the response rates from historically marginalized populations (HMPs) were not reflective of our community  Efforts were undertaken to engage community leaders to ultimately ensure responses aligned with county demographics NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 651  Focus groups were identified by the stakeholders to ensure a diverse set of voices and experiences were represented: aging community members, Black community members, Hispanic/Latin community members, individuals with disabilities, LGBTQIA+ community members, and unsheltered Individuals  Describing New Hanover County:  Housing:  Factors related to housing affordability and quality can have negative impacts on health outcomes:  Mental Health and Substance Use:  Mental health is as important as physical health to total well-being and is interrelated to substance use:  Access to Care:  Healthcare serves an important role in preventing illness and providing diagnosis and treatment:  Next Steps:  Develop measurable objectives to address each priority using evidence-based strategies  Plan evaluation and accountability throughout the next three years In response to Board questions, Mr. Campbell stated the first check-in will occur in September 2023. County Manager Coudriet stated that the Executive Leadership Team has been working with the Health Department and the information presented today will be incorporated into the strategic plan. Hearing no further discussion, Chair Rivenbark thanked Ms. Fayko, Mr. Campbell, and Ms. Rhodes for the presentation. PRESENTATION OF FISCAL YEAR 2022-2023 – SECOND QUARTER FINANCIAL RESULTS Eric Credle, Chief Financial Officer presented the following information on the second quarter of Fiscal Year (FY) 2022-2023 financial results as follows:  FY 2023 Second Quarter Financial Summary:  Overview:  Property tax rate per $100 of assessed value:  FY 2023 = 45.5 cents  FY 2022 = 47.5 cents  Property tax bills mailed in late July:  Payable by citizens without interest until January 5, 2023  Tax receipt peak period is December - January  Sales taxes: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 652  Received in the third month following the sale:  July, August, September sales tax receipts were received prior to December 31, 2022  October and November sales taxes were received in January/February 2023  Total for July – November:  General Fund Revenues vs. Expenditures:  Revenues of $211.6 million through December 2022 represent 52.2% of total budget (60.2% for prior year):  Excluding miscellaneous items, the comparison is 57.0% in the current year vs. 56.0% in the prior year  Total expenditures of $165.4 million represent 42.6% of budget (45.0% for prior year)  General Fund Revenues:  Property tax revenue down slightly in current year due to lower tax rate:  77.1% of budgeted property tax received (77.7% in prior year)  Sales taxes up from $20.3 million in prior year to $23.4 million in current year:  27.7% of budgeted sales tax received (24.4% in prior year)  Other revenues in line with expectations  General Fund Expenditures:  Total expenditures of $165.4 million represent 42.6% of budget (45.0% for prior year)  Most functions trending higher than prior year due to an increase in their budgets  Debt Service Fund Revenues and Expenditures:  Total revenues collected of $20.3 million, or 50.2% of budget (52.5% in prior year):  Revenues are primarily property tax and sales tax allocations  Expenditures represent actual debt payments  Transfers from General Fund bridge gap NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 653  Fire Services:  Total revenues of $12.4 million through December 31, 2022 represent 59.2% of budget (62.2% in prior year):  Revenues are primarily property tax and sales tax allocations  Total expenditures of $11.3 million, or 53.9% of total budget (50.5% in prior year).  Environmental Management:  Fund runs under stand-alone business model:  Fees for services comprise substantially all revenue  Increase in tipping fee has been partially offset by lower tonnage:  188,332 tons in 2023 vs. 199,853 in 2022  Revenue of $8.1 million fiscal year to date equals prior year  Expenditures year to date of $5.4 million vs. $4.7 million in prior year:  Capital project expenditures expected to occur in second half of year  Stormwater Services:  First full year of this fund running under stand-alone business model:  First year of full fee being charged  Fee is included on property tax bill:  Revenue is front loaded, whereas expenses occur throughout year  73.0% of total fee budget has been collected through December 2022  Expenditures of $2.2 million year to date vs. $1.9 million in prior year. 47.0% of total budget in current year vs. 48.8% in prior year.  American Rescue Plan Act Fund:  $45.5 million received in total  $23.0 million spent to life to date:  $5.4 million spent in the first half of FY 2023:  Primarily on physical and mental health initiatives  Substantially all the remaining funds have been earmarked and will be committed by 12/31/24  Other:  Investment Portfolio:  Additional unrealized losses in FY 2023 amount to $11.1 million ($37.2 million in total):  Due to ongoing interest rate increases  Only $313,000 of the additional losses impact the unassigned general fund balance  Credit risk remains sound  Will result in unrealized losses reversing and recognized as earnings as the investments approach maturity  Investment income through 12/31/22 = $3.7 million vs. budget for total year of $2.6 million:  Expected to result in favorable variance at 6/30/23 of $4.5+ million  Interest rates hikes/inflation continue to be monitored closely by staff Hearing no further discussion, Chair Rivenbark thanked Mr. Credle for the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 20, 2023 PAGE 654 COMMITTEE APPOINTMENTS Appointment to the New Hanover County Industrial Facilities and Pollution Control Financing Authority Chair Rivenbark reported that two vacancies exist on the New Hanover County Industrial Facilities and Pollution Control Financing Authority with two applications available for consideration. Commissioner Zapple nominated Robert F. Ruffner, Jr. and Phillip Watts for appointment. Commissioner Hays seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted 4 TO 0 to appoint Robert F. Ruffner, Jr. and Phillip Watts to the New Hanover County Industrial Facilities and Pollution Control Financing Authority for six year terms, with the terms to expire February 22, 2029. Appointment to the Wilmington-New Hanover Port, Waterway and Beach Commission Chair Rivenbark reported that three vacancies exist on the Wilmington-New Hanover Port, Waterway and Beach Commission in the Environmental Concerns, NC Beach and Waterway Association, and Terminals and Industry categories with one application available for reappointment and three applications available for consideration. Commissioner Zapple nominated Dennis Barbour, Harry K. Knight, and Phillip Watts for appointment. Vice- Chair Pierce seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted 4 TO 0 to appoint Dennis Barbour in the NC Beach and Waterway Association category, Harry K. Knight in the Environmental Concerns category, and Philip Watts in the Terminals and Industry category to the Wilmington-New Hanover Port, Waterway, and Beach Commission for three year terms, with the terms to expire February 28, 2026. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up to speak on non-agenda items and invited the people to make remarks. Gail Major, resident of Canal Drive, stated she was following up on the book grievance that she provided back In January and stated she has not received nor seen a response from the Board, Sheriff, nor the school board to date. She said the Board’s involvement resides with the implementation of allowing the transfer of inappropriate e-books from the libraries to students’ school-issued devices as there is no way to determine their age through their lunch card. Elizabeth Connelly, resident of Wilmington, NC, expressed her concerns about how local government operates and why the Board felt it was appropriate to approve establishing the New Hanover County Hispanic/Latino Commission and as well as having commissions for other specific ethnicities as the U.S. Constitution is for everyone. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:29 a.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.