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2023-09-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 2 ASSEMBLY The New Hanover County Board of Commissioners met September 18, 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 Dane Scalise; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney K. Jordan Smith; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Senior Human Resources Analyst Bo Dean provided the invocation and Commissioner 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 Zapple stated that for Consent Agenda Item #5 Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12, nonprofit organizations in the community will have the first opportunity to inspect and purchase the surplus property prior to the items being taken to auction. He encouraged nonprofit organizations to take advantage of the opportunity. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the August 31, 2023 Agenda Review and Closed Session and the September 5, 2023 Regular Meeting. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2024: Health and Human Services (HHS) – Social Services 24-004, 005, 006, 007, 009, 011 HHS – Public Health 24-008 and 010 Facilities Management 24-012 Various Departments 24-013 New Hanover County Board of Education and Cape Fear Community College 24-014 Sheriff’s Office 24-015, 016, 017, 018 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 17.1. First Reading: Approval of Solid Waste Franchise Agreement for K&D Trucking LLC – County Attorney The Commissioners approved the first reading to authorize the issuance of a solid waste franchise agreement to K&D Trucking LLC. A second reading is required. Adoption of Resolutions to Accept North Carolina Division of Environmental Quality – Division of Water Infrastructure Grant Funds for the Acorn Branch and Pumpkin Creek Watershed Planning Studies – Engineering The Commissioners adopted the resolutions approving the acceptance of the grant funding award offer of $400,000 to New Hanover County to perform watershed planning studies: $150,000 for the Acorn Branch watershed and $250,000 for the Pumpkin Creek watershed. Copies of the resolutions are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 17.2. Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 – Facilities Management The Commissioners declared County property as surplus and adopted the resolution authorizing the sale of the property electronically using GovDeals or disposal by any other method authorized by North Carolina General Statutes, including discarding. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 17.3. Approval of Award for Construction Contract to Stonehenge Building, Inc. for the Construction of the Stormwater Services Workshop Building to be located at 204 Division Drive, Wilmington, NC 28401 – Facilities Management NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 3 The Commissioners approved the award of a construction contract to Stonehenge Building, Inc. for the construction of the Stormwater Services workshop building to be located at 204 Division Drive, Wilmington, NC 28401 in the amount of $633,600. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Joey Horrell, Fire Rescue, retiring with 23 years of service Kelly Redenbaugh, HHS – Social Services, retiring with 30 years of service Chair Rivenbark presented the retirement award to each retiree and the Commissioners expressed appreciation and thanked them for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Michael Hoffer, Building Safety Jamie Jackson, HHS – Social Services Simon Lashford, Cape Fear Museum William Wilson, Fire Rescue Ten Years: Colleen Applewhite, HHS – Public Health Fifteen Years: Michael Conant, HHS – Social Services Twenty-Five Years: Patrick Sellers, 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: Tandrea Alston, HHS – Social Services Sebrina Horrell, HHS – Centralized Services Jeff Edwards, Engineering Kyle Manning, HHS – Social Services Gracan Faulk, HHS – Social Services Sharon McClusky, HHS – Public Health Laura Fuller, HHS – Public Health Michelle McGrath, HHS - Public Health Akimi Hardin, HHS - Public Health Tina Pearson, Strategy Karen Hooks, HHS – Social Services Taylor Shuler, Cooperative Extension The Commissioners welcomed the employees to County Government and wished them success in their new positions. CONSIDERATION AND ADOPTION OF HISPANIC HERITAGE MONTH PROCLAMATION Chair Rivenbark read the proclamation into the record recognizing September 15, 2023 through October 15, 2023 as Hispanic Heritage Month in New Hanover County. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing September 15, 2023 through October 15, 2023 as Hispanic Heritage Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chief Diversity and Equity Officer Linda Thompson and Dr. Susanna Lopez Legentil with the New Hanover County Hispanic-Latino Commission expressed appreciation to the Board for adopting the proclamation. Ms. Thompson responded to questions stating that the first year of the Cape Fear Latinos Festival saw 1,500 attendees, there were 3,000 the second year, and this year the expectation is for approximately 6,000 attendees. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 17.4. CONSIDERATION AND ADOPTION OF RESOLUTION RECOGNIZING THE NAACP NORTH CAROLINA STATE TH CONFERENCE 80 ANNUAL STATE CONVENTION Commissioner Barfield read the resolution into the record recognizing the NAACP North Carolina State Conference and its efforts to improve the political, educational, social, and economic status of African Americans th and other racial and ethnic minorities and welcoming the 80 Annual State Convention to New Hanover County September 28-30, 2023. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to adopt the resolution recognizing the NAACP North Carolina State Conference and its efforts to improve the political, educational, social, and economic NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 4 th status of African Americans and other racial and ethnic minorities and welcomes the 80 Annual State Convention to New Hanover County September 28-30, 2023. Upon vote, the MOTION CARRIED UNANIMOUSLY. NAACP North Carolina State Conference President Deborah Dicks Maxwell expressed appreciation to the Board for adopting the resolution. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 17.5. PRESENTATION OF UPDATE ON NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROJECTS North Carolina Department of Transportation (NCDOT) Division 3 Engineer Chad Kimes provided the following update:  A quick glance:  Financial highlights:  Financial and spend plan update:  Scoring process:  Projects in development: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 5  NCDOT transportations projects – interchanges:  Projects in development continued:  U-6202 Gordon Road widening from Market Street to I-40:  Right of Way (ROW) 2022 | Construction (CON) 2025 | $58.7 million  U-5710 Military Cutoff at Eastwood  ROW 2023 | CON 2026 | $65.9 million  U-5710A Drysdale Extension | CON 2023 | $10.4 million | estimated completion - winter 2025  U-5710 Military Cutoff at Eastwood  ROW 2023 | CON 2026 | $65.9 million  U-5790 US 421 (Carolina Beach Rd) widened from NC 132 (South College Road) to SR 1187 (Sanders Road), with a continuous flow intersection  ROW 2027 | CON 2029 | $33 million  U-5792 College Road from US 17 (Market Street) to SR 2048 (Gordon Road)  ROW 2025 | CON 2027 | $137.9 million  U-5881 NC 132 (North College) from SR 2048 (New Centre Drive) to Market Street  PE Only| $38.7 million  U-3338C Kerr Avenue at Martin Luther King, Jr. (MLK) Boulevard  ROW 2018 | CON 2028 | $37.1 million  U-5731 US 74 at US 17/ US 421  ROW 2027 | CON 2029 | $ 36.9 million  U-4902C Market Street at MLK Boulevard  ROW 2028 | CON 2030 | $117 million  U-5704 NC 132 (College Road) and US 76 (Oleander Drive) Interchange  PE only (Design TBD)  U-6199 Wilmington citywide signal system:  ROW 2028 | CON 2030 $16.4 million NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 6  U-4434 Independence Boulevard extension  ROW 2027 | CON 2031 | $221 million  R-3300A/B – Hampstead Bypass A  ROW 2018 | CON 2026 | $178.3 million  R-3300A/B – Hampstead Bypass B  $185 million | Estimated Completion: 2027  Projects under construction:  U-4751 – Military Cutoff Extension at I-140 | estimated completion September 2023  U-4902D Market Street | CON 2019 | anticipated completion - fall 2024  Looking into the future (unfunded projects):  Cape Fear Memorial Bridge (CFMB) replacement:  The CFMB was constructed in 1969 (54-year-old structure)  Existing structure requires costly routine maintenance:  Fixed Span: major rehabilitation required every 20 years  Moveable span: major rehabilitation required every 10 years  The recent major rehabilitation in 2019 cost approximately $15 million  Yearly maintenance costs $550,000/year  Growing volumes of traffic and projected 81,900 vehicles per day (2045)  2019 Feasibility Study conducted to look at options and determine costs  Options For replacement:  Feasibility study  Four options considered: 65-feet fixed span, 135-feet fixed span, 65-feet moveable span, 65-feet moveable span with rail component  Feasibility study typical sections:  Six lane median-divided facility  15-feet wide separated multiuse path (north side)  12-feet outside shoulders  12-feet wide travel lanes  22-feet wide median/inside shoulder  Total width: 135 feet - 157 feet (with rail) (current bridge is 54-feet wide)  Wilmington Metropolitan Planning Organization’s (WMPO) CFMB maintenance update:  One of the biggest repairs recently completed, demonstrating where there are cracks identified in the connection of the bridge deck with the shim and stringer  Completed repair of previously identified issue, having to completely weld plates atop the bridge deck  Easy to identify breaks on the bridge grid deck, where they are just breaking off entirely  Funding challenges: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 7  R-5876 Carolina Bay Parkway | $500 million  Draft EIS (Environmental Impact Statement) anticipated to be signed: late 2023/early 2024*  Public Hearing: anticipated early 2024*  LEDPA: spring 2024*  *Dates subject to change Mr. Kimes, in response to questions, stated that eastern North Carolina has several high value bridges in the area. Anything worth over $50 million is considered a high value bridge. Bridges valued at that amount or more do not score well on the prioritization list as the system is set up today. The CFMB is an example of how NCDOT is going to try to fix that in the future. There is a bridge program that only has about $150 to $200 million in it for statewide use. If that fund is used for the CFMB it will wipe out the program for two to three years. A brief discussion ensued about the U-6199 Wilmington citywide signal system project. Mr. Kimes explained that the systems used are adaptive signals. A program is put into the system based on when heavier traffic is anticipated. Technology is continuously improving and that is why it is important to update the signals. The project will be a huge benefit to the County. A brief discussion ensued about the U-4434 Independence Boulevard extension project. Mr. Kimes stated th that approximately 110 and 120 parcels between Evans Street and 30 Street will see massive impacts with the project. The project is still in the merger process, and a special team has been assigned to study how to offset and mitigate the impacts. There have been a lot of one-on-one discussions with homeowners in that area and the public hearing on the project will be this winter. The hope is to have more clarification on the impacts within the next year. Discussion ensued about funding the CFMB replacement. Mr. Kimes explained that the study will show what it will take for NCDOT to break even. Approximately four years ago, an unsolicited proposal was submitted and the WMPO turned it down. The toll cost in the proposal was never released because it was turned down. The current study will be completed in November which will include the cost of a toll if the NCDOT Turnpike Authority manages it. All the numbers of the breakeven costs will be provided to the WMPO to see if they want to score the prioritization with a toll. It does not mean it will be tolled. It is included in the prioritization to see how that offsets the numbers to see if any money can be obtained out of the prioritization. A grant may be able to be obtained that lowers the tolls, and with those funds, the tolls may go away. Tolling is not the preferred method, but it at least allows the ability to look at all the different options. NCDOT is making every effort on how to fund the project. Commissioner Barfield stated that he does not think a toll is the right thing for a main road into a community and hopes grants can be found that will make it work. A brief discussion ensued about multiuse paths. Mr. Kimes stated that with the upcoming opening of the Military Cutoff Extension project, a person can ride a bike from any of the roads connected to Military Cutoff to Wrightsville Beach. There is also a multiuse path connected to Ogden Park, and then there will be the ability to use a multiuse path that goes down and past Mayfaire Town Center. He cannot say enough about the great partnership with New Hanover County to bring the multiuse paths to fruition. The Board expressed appreciation to Mr. Kimes and NCDOT for working with the County to address the traffic issues, and it hopes everyone in the community will look at the presentation to see the plans to help the issue. COMMITTEE APPOINTMENTS Appointments to the New Hanover Community Endowment Chair Rivenbark reported that two vacancies exist on the New Hanover Community Endowment (NHCE) with two applications eligible for reappointment and eight additional applications available for consideration. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to move the appointments for the New Hanover Community Endowment to the December 11, 2023 meeting. Chair Rivenbark opened the floor for Board discussion. Commissioner Scalise stated that the original time frame in which the County was going to make the appointments was, in fact, in December until last year when, as he understands it, the NHCE requested the appointments be moved up to be before the election. His preference is to not go back and forth each year between September to December regardless of the reason and that a standard needs to be set for when to consider this matter. He wants to provide the NHCE the assurance that whoever is going to be appointed, that it will be known today. He feels it would be a mistake to move it back to December and would encourage the Board to not vote in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 8 favor of the motion on the floor. Commissioner Barfield stated that he does not recall the conversation from last year and knows there has been much discussion about the appointments. It is his practice to reappoint eligible individuals regardless of the board or committee. It sends the wrong message when citizens are not reappointed to serve another term and may cause citizens to decide not to volunteer their time. Several applications have been submitted, and he appreciates that citizens want to serve. He also appreciates that former commissioners White and Kusek along with himself voted to sell the hospital. At that time there was discussion about the need to have diversity on NHCE, which included the state attorney general requiring that there be people serving from the African American and Hispanic communities. The current conversation to remove the one person of color that the Board appointed sends the wrong message to the County’s entire community by the Board removing any diversity, at all, of its appointments. Commissioner Scalise stated that his earlier comments refer to the October 17, 2022 meeting. The motion presently on the floor is to continue the matter, and he believes that the appointments should be put to a vote today. He asked for Chair Rivenbark to call for a vote on the motion on the floor. Commissioner Zapple stated that a lot of the discussion has been around what has or has not been accomplished by the NHCE. He feels a lot has been accomplished over the past three years and within the next 30 days, there will be an announcement of how much money the NHCE will be disbursing for several initiatives. The point of his motion is that time between the announcement and the appointments will allow the Board to evaluate what the NHCE has done. He does not feel the NHCE has been given the opportunity to show what it has done on its own strategic plan, which is aligned with the County’s strategic plan, and its work in general. He also does not recall the Board conversation from last year about moving the appointments from one month to another month. It makes sense to align the County appointments with the Novant Health Coastal Region Board appointments. Vice-Chair Pierce expressed appreciation for those who serve on the NHCE and understands it is a lot of work to serve on it. The upcoming disbursement of funds is not the first round of disbursements. She thinks a very important question being asked in the community by citizens is what they are getting from the sale of the hospital. As far as the motion on the floor she is ready to move forward with a vote today. She does like the staggered approach of the NHCE appointments and does not think it is fair to advertise that the Board is going to make appointments and then not do it. Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the MOTION FAILED 2 TO 3. Chair Rivenbark, Vice-Chair Pierce, and Commissioner Scalise dissented. Chair Rivenbark asked for nominations. Commissioner Barfield nominated Virginia W. Adams and Hannah Gage for reappointment. Commissioner Zapple seconded the nominations. Commissioner Scalise nominated Patricia Kusek and Woody White 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: Upon vote, the Board voted 2 TO 3 to reappoint Virginia W. Adams and Hannah Gage to the New Hanover Community Endowment to serve three-year terms with terms to expire September 30, 2026. Commissioners Barfield and Zapple voted in favor. Vote Results: Upon vote, a majority of the Board voted to appoint Patricia Kusek and Woody White to the New Hanover Community Endowment to serve three-year terms with the terms to expire September 30, 2026. Chair Rivenbark, Vice-Chair Pierce, and Commissioner Scalise voted in favor. Appointment to the New Hanover County Board of Adjustment Chair Rivenbark reported that one vacancy exists on the New Hanover County Board of Adjustment in the Regular category with two applications available for consideration. Commissioner Scalise nominated Will Daube for appointment in the Regular category. Vice-Chair Pierce seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: Upon vote, the Board voted UNANIMOUSLY to appoint Will Daube to the New Hanover County Board of Adjustment in the Regular category to fill an unexpired term with term to expire December 1, 2023. Appointments to the New Hanover County/City of Wilmington Community Relations Advisory Committee Chair Rivenbark reported that two vacancies exist on the New Hanover County/City of Wilmington Community Relations Advisory Committee in the categories of Business Community and Faith Community, with one application eligible for reappointment and four applications available for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 18, 2023 REGULAR MEETING PAGE 9 Commissioner Scalise nominated Tammy Wynn for reappointment in the Faith Community category and Sam B. Wheeler for appointment in the Business Community category. Commissioner Barfield seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Tammy Wynn in the Faith Community and to appoint Sam B. Wheeler in the Business Community category to the New Hanover County/City of Wilmington Community Relations Advisory Committee to serve three-year terms with the terms to expire September 30, 2026. Appointment to the New Hanover County Juvenile Crime Prevention Council Chair Rivenbark reported that a vacancy exists on the New Hanover County Juvenile Crime Prevention Council in the Juvenile Defense Attorney category with one application eligible for reappointment. Commissioner Barfield nominated Cecelia Reyna for reappointment in the Juvenile Defense Attorney 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 reappoint Cecelia Reyna in the Juvenile Defense Attorney category to the New Hanover County Juvenile Crime Prevention Council to serve a two-year term with term to expire September 30, 2025. Appointment to the New Hanover County Nursing Home Community Advisory Committee Chair Rivenbark reported that a vacancy exists on the New Hanover County Nursing Home Community Advisory Committee with one application available for consideration. Commissioner Barfield nominated Yvette Wright for appointment. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: Upon vote, the Board voted UNANIMOUSLY to appoint Yvette Wright to the New Hanover County Nursing Home Community Advisory Committee for an initial one-year term, with term to expire September 30, 2024. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that no one signed up to speak under public comment. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield reported on his first solo babysitting experience with his grandson. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:37 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.