Loading...
2023-03-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 20, 2023 PAGE 692 ASSEMBLY The New Hanover County Board of Commissioners met March 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 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 Chaplain Patrick Hall, New Hanover County Sheriff’s Office, provided the invocation and Commissioner Hays 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 Barfield MOVED, SECONDED by Commissioner Hays to approve the 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 Budget Work Session and Agenda Review Meeting held on March 2, 2023 and Regular Meeting held on March 6, 2023. Adoption of a Resolution to Accept Donation of a Thermo Trace 1310 Gas Chromatograph for the Sheriff's Office Forensic Lab – Sheriff’s Office The Commissioners adopted a resolution and associated budget amendment to accept equipment donated by the Iredell County Sheriff's Office. Copies of the resolution and budget amendment are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 6.1. Adoption of Resolution Authorizing Execution of Opioid Settlements and Approving the Supplemental Agreement for Additional Funds Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation – County Attorney The Commissioners adopted a resolution authorizing execution of opioid settlements and approving the supplemental agreement for additional funds between the State of North Carolina and local governments on proceeds relating to the settlement of opioid litigation. The resolution, among other things, authorizes and empowers the county manager to execute all documents necessary to enter into opioid wave two settlements. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 6.2. Second Reading: Approval of Solid Waste Franchise for T&T Disposal LLC – County Attorney The Commissioners approved the second reading of the solid waste franchise agreement for T&T Disposal LLC and authorized the franchise award. The company will provide certificates of insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility, if required by law. REGULAR ITEMS OF BUSINESS INTRODUCTION OF NEW COUNTY ATTORNEY JORDAN SMITH Chair Rivenbark introduced Jordan Smith as the new county attorney effective July 1, 2023. He noted that County Attorney Copley was the first female county attorney in the state. Mr. Smith expressed appreciation to the Board for the opportunity and stated he looks forward to working with the Board and staff. Commissioner Hays recognized Deputy County Attorney Karen Richards who recently started with the County. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Pam Cook, Sheriff’s Office, retiring with 30 years of service. Pam Nelson, Health and Human Services (HHS), retiring with 28 years of service. Chair Rivenbark presented the retirement award to Ms. Cooke and Ms. Nelson and the Commissioners expressed appreciation and thanked them for their years of dedicated service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 20, 2023 PAGE 693 County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Stephen Collins, Building Safety Yolanda Daniels, Community Justice Services Tina Hankins, HHS – Social Services Thomas Harrell, Building Safety Catherine Santaniello, Sheriff’s Office Ten Years: Randy Garrett, Environmental Health Scott Gordon, Facilities Management Daulton Hollis, Environment Management Fifteen Years: Scott Saunders, Tax Office Martha “Lilly” Valdiri, HHS – Health Department Twenty-Five Years: Douglas Perry, Sheriff’s Office Thirty-Five Years: Jan Kavanaugh, Sheriff’s Office 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: Donisha Bryant, HHS – Social Services Julia Carter, HHS – Social Services Katrina Fairbank, Library Doug Geer, Building Safety - Inspections Alicia Gilkeson, HHS – Social Services Amy Grissom, HHS – Health Marilyn Howe, HHS – Health Amanda MacIver, HHS - Social Services Samuel Morris, Port City United John Obermiller, Building Safety Inspections Hanna Sasserman, HHS – Social Services Lorenza Tate, HHS – Social Services The Commissioners welcomed the employees to County Government and wished them success in their new positions. ACCESS OF WILMINGTON UPDATE PRESENTATION ACCESS of Wilmington Executive Director John Smist stated that ACCESS of Wilmington is a local nonprofit organization that serves the health and wellness and provides adaptive sports for those with disabilities in Southeastern North Carolina. He then showed video about the work done by ACCESS of Wilmington. He expressed appreciation to the Board and the County for their support of the organization and for the funding to continue working to help those with disabilities. This year marks the tenth anniversary of the opening of the Miracle Field and playground at Olsen Park. Through the fund received through the New Hanover Community Endowment, all fees for service for the Miracle League for the spring and fall season have been waived. The spring season is currently underway with 180 all-stars taking part which is almost back up to pre-covid numbers. He reiterated his appreciation to the Board for its continued support of ACCESS of Wilmington. The Board expressed appreciation to Mr. Smist for the work his organization is doing to help disabled youth have access to places and equipment to play sports. The community was encouraged to visit the Miracle League to see the good work that is being done for the children and their families. Hearing no further discussion, Chair Rivenbark thanked Mr. Smist for the presentation. CONSIDERATION AND ADOPTION OF RESOLUTION AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO NOT TO EXCEED $25 MILLION Chief Financial Officer Eric Credle presented the following information concerning the resolution request:  2023 Limited Obligation Bond Issuance:  Consideration of resolution authorizing the negotiation of an amendment to an installment financing contract, directing the publication of notice with respect thereto, declaring the intent of the county to reimburse itself for capital expenditures from proceeds thereof, and providing for certain other related matters thereto not to exceed $25 million  County Projects: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 20, 2023 PAGE 694  Debt roll-forward:  Debt Service:  $25 million issuance  Assumes 3.70% all-in interest rate  Scheduled payments on existing debt decline by $6.1 million in Fiscal Year (FY) 2024 versus FY23, with $44.1 million in principal being retired  Debt Service Schedule:  Debt capacity limits:  Debt capacity at 6/30/22 = $105 million  Projected debt capacity at 6/30/23 = $124 million * Reflects 2023 debt repayments in excess of new issuance  Debt issuance timeline:  March 20, 2023: Board adopts preliminary findings resolution  May 1, 2023: Board adopts approving resolution / hold public hearing  May 2, 2023: File application with Local Government Commission (LGC)  June 6, 2023: LGC approval meeting  June 7, 2023: Bond Sale In response to Board questions, Mr. Credle stated that funds not used from the debt issuance would be cash for the County and would eventually go into the general fund. There have been no red flags with the LGC. He agreed that the debt service paid by the taxpayers should go down a small amount in the next property tax bill. There are costs for the partners who are critical to the process and work with the County on the debt issuances. For example, First Tryon is contracted with the County for $55,000. The County relies on the outside bond counsel and banking partners to help guide the debt to a smooth issuance. In response to additional Board questions, Mr. Credle stated that the funds for the Cape Fear Community College (CFCC) real property purchase is only for the upfit. CFCC has a five-year phased plan to renovate different floors. In future years, staff would likely request approval of incremental amounts as the costs start to be incurred. County Manager Coudriet stated while not issuing debt yet, it is factored into the planning for the future budget NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 20, 2023 PAGE 695 years and is part of whether the County will exceed the debt policies. The County is not going into the planning blind, it is unlikely it would issue the debt in one sitting, and it is factored into the long term planning on debt capacity. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the resolution authorizing the negotiation of an amendment to an installment financing contract, directing the publication of notice with respect thereto, declaring the intent of the County to reimburse itself for capital expenditures from proceeds thereof, and providing for certain other related matters thereto not to exceed $25 million. 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 6.3. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Special Board of Equalization and Review Chair Rivenbark reported that eight vacancies exist on the New Hanover County Special Board of Equalization and Review with one application eligible for reappointment and eleven applications available for consideration. Commissioner Zapple nominated Clayton Hamerski, Mike Musselwhite, Christopher Stewart, Brad White for reappointment and Hunt Harris for appointment as regular members and Fred Gainey, Hector Ingram, and John Weaver for reappointment as alternate members. Vice-Chair Pierce seconded the nomination. Commissioner Hays nominated Gloria Green for reappointment as a regular member. Discussion ensued about concerns regarding the attendance records of the members, and the need to have membership diversity. Commissioner Zapple stated he would amend his nomination to reappoint Clayton Hamerski, Mike Musselwhite, Christopher Stewart, Brad White, and Gloria Green as regular members and reappoint Fred Gainey, Hector Ingram, and John Weaver as alternate members. Hearing no further nominations, Chair Rivenbark called for a vote on the amended nomination list on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Clayton Hamerski, Mike Musselwhite, Christopher Stewart, Brad White, and Gloria Green as regular members and reappoint Fred Gainey, Hector Ingram, and John Weaver as alternate members on the 2023 Special Board of Equalization and Review to serve one-year terms with terms expiring March 31, 2024. Chair Rivenbark asked for nominations to appoint a chairman of the Special Board of Equalization and Review for the ensuing year. Commissioner Zapple nominated Clayton Hamerski as chairman of the Special Board of Equalization and Review for the ensuing year. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark called for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Clayton Hamerski as chairman of the Special Board of Equalization and Review for the ensuing year. Appointment to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chair Rivenbark reported that two vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with four applications available for consideration. Commissioner Zapple nominated Rex Burford to serve the unexpired term that will expire June 30, 2023 and Susanne Werner to serve the unexpired term that will expire June 30, 2024 for appointment. Commissioner Barfield seconded the nominations. Commissioner Hays nominated Nivine Richie for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Rex Burford to the Parks Conservancy of New Hanover County, Inc. Board of Directors with the unexpired term to expire June 30, 2023. Vote Results: The majority of the Board voted to appoint Susanne Werner to the Parks Conservancy of New Hanover County, Inc. Board of Directors with the unexpired term to expire June 30, 2024. Chair Rivenbark, Vice-Chair Pierce, Commissioner Barfield, and Commissioner Zapple voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 20, 2023 PAGE 696 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up speak under public comment and invited them to provide their comments. Leslie Posey, resident of Long Leaf Acres Drive, stated she represents the New Hanover County Educational Justice and urged the Board to provide more funds for the school system in the County budget. The school system is not fully staffed as reported by the superintendent. She further urged the Board to actively lobby the NC General Assembly to release the funds from the Leandro ruling. Rebecca Trammel, resident of North College Road, stated she was representing Community Conversation and an advocate for the education of children. She urged the Board to actively lobby the NC General Assembly to release the funds from the Leandro ruling. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Hays stated that there have been several instances over the past few months where elected and/or appointed members of boards, commissions, councils, and committees have cast invalid accusations and negativity upon others. Elected officials have been given the honor of serving the citizens and serving them with integrity, honesty, professionalism, and respect. She recommitted her promise to the citizens and her oath of office to conduct herself and the business of the County with the highest level of integrity, professionalism, honesty, and respect. She asked that her follow Commissioners recommit with her and lead area officials and appointees with collaboration, cooperation, and respect. She thanked each County Commissioner for the honor to serve with them and the County’s citizens. Commissioner Barfield reported on an incident that occurred downtown where one of his daughters helped a person unknown to her from being further hurt by someone putting drugs in her drink. He expressed appreciation for the emergency assistance received to help get the young lady to the hospital for assistance. The officers told his daughter she did the right thing by getting the young lady out of the establishment they were at and keeping her safe. He reported that the young lady called his daughter the next day and thanked her for saving her life as it was determined roofies were put into her drink. He asked that everyone be mindful of their surroundings. Vice-Chair Pierce stated that she would like to discuss with Chair Rivenbark the Leandro funding and what can be done to advocate in Raleigh for the release of the funding. She asked County Manager Coudriet for a status update of the request for a zoning map which as discussed during the March 6, 2023 meeting for the southern part of the County. County Manager Coudriet reported that the zoning map will be seen before the next meeting. Planning and Land Use Director Rebekah Roth has been working on the model for that and changes to the narrative which he feels will provide more clarity on transportation. Commissioner Zapple reported on a listening session he attended on March 18, 2023 hosted by the County’s Office of Diversity and Equity. The listening session allowed the alumni of Williston Senior High School classes of 1969 and 1970 to share their personal stories and help navigate the journey to healing in the community due to being denied the opportunity to graduate from their beloved school during a time of discrimination and segregation. He feels the honorary high school graduation ceremony to be held on July 1, 2023 is a terrific idea. He expressed his appreciation to Chief Diversity and Equity Officer Linda Thompson for her work to organize the event. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:16 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.