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2023-10-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 23 ASSEMBLY The New Hanover County Board of Commissioners met October 16, 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 Pastor Stephen Grubbs of Ogden Baptist Church provided the invocation, and Chair Rivenbark led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark asked if there were any questions for staff about the Consent Agenda Items. Commissioner Zapple stated that he had a question on Consent Agenda Item #3: Adoption of Budget Amendments, specifically budget amendment 24-020. Chief Financial Officer Eric Credle stated in response to his questions that after June 2024, the County will need to absorb the costs of the decreased federal Medicaid match in the general fund. Hearing no further discussion, Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield 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 September 29, 2023 Agenda Review and the October 2, 2023 Regular Meeting. Adoption of 2024 Schedule of Agenda Review and Regular Board of Commissioners Meetings – Governing Body The Commissioners adopted the 2024 Schedule of Agenda Review and Regular Board of Commissioners Meetings. A copy of the schedule is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 19.1. 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 24-020, 021 Sheriff’s Office 24-022, 023, 024 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 19.2. Approval of New Hanover County Alcohol Beverage Control Board Capital Improvements Request – Governing Body The Commissioners approved the New Hanover County Alcohol Beverage Control (ABC) Board request to set aside a portion of its excess revenues, $4,000,000, for a capital project that would include a new retail store. The monies will be restricted to the capital project and will not be used as a part of the ABC Board's working capital. The requested fund encumbrance, restriction, and reservation shall remain for and through the final completion of the capital project and may extend over multiple fiscal years. The FY 2023/2024 budgeted profit distributions will not be affected by this approval. Second Reading: Approval of Solid Waste Franchise Agreement for K&D Trucking LLC – County Attorney The Commissioners approved the second reading to authorize the issuance of a solid waste franchise agreement to K&D Trucking LLC. A copy of the franchise agreement is on file in the Legal Department. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Steven Greer, HHS – Social Services Shirley Southard, HHS – Health Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 24 Ten Years: Ivy Crossman, HHS – Social Services Tomeka Jarreau, Diversity and Equity 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: Dana Ashe, HHS - Public Health Caroline Hester, HHS - Public Health Cynthia Bronson, HHS – Public Health Benjamin Johnston, Building Inspections Permitting Marianne Choufani, HHS - Public Health Meghan McKeithan, Community Justice Services Caress Clegg, Communications and Outreach Shon Tucker, HHS – Public Health Heather Duskey, HHS - Public Health Wiktoria Waszelewska, Planning and Land Use Jason Fuller, Emergency Management Elizabeth Williams, HHS – Public Health Angela Gaines, HHS – Centralized Support David Wood, HHS - Public Health The Commissioners welcomed the employees to County Government and wished them success in their new positions. RECOGNITION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARDS Mr. Credle reported that the County was notified of receiving two finance document awards from the Government Finance Officers Association. The first is the Distinguished Budget Presentation Award for the New Hanover County budget document for the fiscal year beginning July 1, 2022. The second is the Certificate of Achievement for Excellence, for the County’s annual comprehensive financial report for the fiscal year ended June 30, 2022. The Commissioners congratulated staff on their achievements. CONSIDERATION AND ADOPTION OF BREAST CANCER AWARENESS MONTH PROCLAMATION Chair Rivenbark read the proclamation into the record recognizing October 2023 as Breast Cancer Awareness Month in New Hanover County. HHS Clinical Services Manager Michelle McGrath expressed appreciation to the Board for adopting the proclamation. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing October 2023 as Breast Cancer Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 19.3. CONSIDERATION AND ADOPTION OF DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION Commissioner Scalise read the proclamation into the record recognizing October 2023 as Domestic Violence Awareness Month in New Hanover County. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to adopt the proclamation recognizing October 2023 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Kaitlynn Harrison, Development Director at Domestic Violence Shelter and Services, Inc. expressed appreciation to the Board for adopting the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 19.4. CONSIDERATION AND ADOPTION OF NATIONAL SUBSTANCE ABUSE PREVENTION MONTH PROCLAMATION Commissioner Zapple read the proclamation into the record recognizing October 2023 as National Substance Abuse Prevention Month in New Hanover County. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the proclamation recognizing October 2023 as National Substance Abuse Prevention Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 25 HHS Clinical Therapy Supervisor Leslie Wilder expressed appreciation to the Board for adopting the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 19.5. CONSIDERATION AND APPROVAL OF THE 2024 MASON INLET MAINTENANCE DREDGING PROJECT County Engineer Tim Lowe stated that Mason Inlet is located between the north end of Wrightsville Beach and Figure Eight Island and provided a brief historical overview of the project. The County, in coordination with the Mason Inlet Preservation Group (MIPG), has managed the inlet complex since 2002. As the inlet tends to migrate south, about every four to five years a dredging maintenance project must be completed to keep it in place. Staff followed New Hanover County bidding procedures and received three bids for the project. Ahtna Marine & Construction Company LLC provided the lowest, responsive, and responsible bid with a base bid of $6,450,000.00 at a unit price of $9.00 per cubic yard. The completion date for the project is March 31, 2024. Project costs are shared between Figure Eight Island, MIPG North Wrightsville Beach, and a shallow draft inlet grant. The room occupancy tax covers Figure Eight Island and the MIPG North Wrightsville Beach and will be reimbursed through the County’s five-year assessments. A contract for the shallow draft inlet grant through the North Carolina Division of Water Resources was previously authorized by the County on February 6, 2023. Mr. Lowe, in response to questions, confirmed that the $6,450,000 will come from the room occupancy tax (ROT) fund and be paid for via the assessment by Figure Eight Island and MIPG North Wrightsville Beach. The cost is partially offset by approximately 75% through the shallow draft inlet grant. Mr. Credle, in response to questions, confirmed there is a separate sand fund. It is efficiently funded and sustainable for the near future. The primary funding for the sand is 60% of the first three percent of the ROT. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the award of the maintenance dredging contract to Ahtna Marine and Construction Company LLC for $6,450,000.00. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK: Chair Rivenbark called for a break for staff to address a technical issue from 9:40 a.m. to 9:47 a.m. CONSIDERATION AND ADOPTION OF A RESOLUTION OF THE DETERMINATION OF COST FOR MASON INLET RELOCATION AND MAINTENANCE Chief Financial Officer Eric Credle provided the following overview of the 2023 Mason Inlet relocation assessment cost for maintenance:  Mason Inlet – 1999: Post relocation:  History:  July 12, 1999 – Board of Commissioners passed a resolution to relocate the inlet 3,000 feet north:  Excavated sand to be used to close inlet and to renourish Figure Eight Island  All costs assessed to benefit property owners  Figure Eight Island charged $5.50 per cubic yard of sand:  Ocean front lots allocated 52.04% of the cost based on ocean frontage  Remaining lots assessed based on property value: 47.96% of total  All other costs assessed to North Wrightsville Beach property owners based on property value and distance from the inlet  Map of benefitted properties:  First relocation occurred in early 2002 and approximately every five years thereafter  Annual inlet maintenance in the other years  Board practice has been to accumulate relocation and inlet maintenance costs for approximately five years and then assess property owners for those costs NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 26  Previous Assessments:  1st assessment (2002): $6,740,932  2nd assessment (2008): $2,817,524  3rd assessment (2013): $3,758,458  4th assessment (2018): $3,301,978  5th assessment (current): $4,069,039  Determination of 2023 assessment costs:  All costs from August 1, 2018 to August 31, 2023:  Figure Eight Island cost $ 2,281,521  North Wrightsville Beach cost $ 1,787,518  Total assessment cost $ 4,069,039  Sand placement cost for Figure Eight:  Final placed sand: 414,118 cubic yards at $5.50 per cubic yard:  414,118 * $5.50 $ 2,277,649  Additional AIWW $ 3,872  Total $ 2,281,521  Maintenance cost for North Wrightsville Beach:  Administration/legal $ 4,638  Engineering/surveying 729,473  Natural resource management 228,684  Mason Inlet dredging 4,646,681  Grant proceeds (3,288,168)  Designated ROT funds (533,790) Total $ 1,787,518  Today’s resolution:  Set the determination of costs at $4,069,039 (covers August 1, 2018 to August 31, 2023)  Direct staff to:  Prepare a preliminary assessment roll and project map  Mail to each owner a Notice of Hearing  Prepare and publish all required notices  Set the required public hearing for November 20, 2023 at 9:00 a.m.  Assessment timeline:  October 26, 2023:  Publish notice of public hearing on preliminary assessment roll  Mail preliminary assessment roll notice via first class mail  Clerk maintains roll for public inspection  November 20, 2023: Public hearing / confirm assessment roll  December 11, 2023: Publish notice of confirmation of final assessment roll and mail assessments Mr. Credle responded to questions stating there are 60 lots, 58 of which are assessed, and 169 units at Shell Island Resort that participate in the assessment. A brief discussion ensued about how the ROT covers beach renourishment projects as well as projects such as the Mason Inlet relocation and maintenance and does not cost the taxpayers in the community. Mr. Credle confirmed that $5.50 per cubic yard was the amount set in 1999 and has been carried forward at each assessment. It is a policy decision of the Board to make future assessment adjustments. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to adopt the resolution determining the costs and establishing November 20, 2023 as the date for the public hearing. 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 19.6. PRESENTATION OF NEW HANOVER COUNTY COMMISSION FOR WOMEN UPDATE New Hanover County Commission for Women Chair Sheila Evans provided the following update:  New Hanover County Commission for Women update:  Commission for Women speakers: North Carolina Council for Women; Joe Conway, Chief Equity and Inclusion Officer - City of Wilmington; NC House Representative Charlie Miller; Girl Scout Mia Blackwelder – Balloon Release Project; Amy Block-DeLoach - Candidate for NC State House of Representatives; Feminist Student Alliance of UNCW; 'UNSEEN,' Project 'Lightning Strike'; Cape Fear Latinos; North Carolina Senate District 7 Candidates Michael Lee and Marcia Morgan; Member of Waccamaw Siouan Tribe; North Carolina Early Childhood Foundation; Planned Parenthood; Domestic Violence Shelter; New Hanover County Commissioner LeAnn Pierce; and American Red Cross Executive Director  Pulse survey: collaboration with Cape Fear Collective – QR code and hard copy: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 27  271 responses: 245 in English / 26 in Spanish  English survey revealed that healthcare and personal safety as the #1/#2 concerns  Spanish survey revealed that childcare and personal safety as the #1/#2 concerns  Events: Connect New Hanover County, Changemakers  New Hanover County Commission for Women Inspiration award: Dr. Michelle Scatton-Tessier  Equity in pay:  In New Hanover County in 2021, for every dollar a male worker earned, their female counterpart earned a median of 78 cents. For some occupations, the disparity was even starker. Female managers, for example, pulled in about $51,000 in median earnings, while their male counterparts made over $81,000 – a $30,000 difference. In health diagnostics, males earned almost twice as much as their female coworkers.  No gender parity until 2053 under current rate of progress  New Hanover women’s earnings per $ earned by men (2015-2021)  Without intervention, it will take roughly 30 years to reach gender pay parity given current progress in New Hanover County. Since 2015, female workers have gone from earning roughly three quarters of what males earn to 78%. This means that for the six years between 2015 and 2021, we only narrowed the pay gap by half a percentage point each year. In that same period, Brunswick County has narrowed the gap by 15 percentage points. Chair Rivenbark thanked Ms. Evans for the update. PRESENTATION OF WILMINGTON URBAN AREA METROPOLITAN PLANNING ORGANIZATION (WMPO) ANNUAL REPORT WMPO Executive Director Mike Kozlosky and WMPO Senior Transportation Planner Vanessa Lacer presented the WMPO annual report as follows:  WMPO Fiscal Year (FY) 2022-2023 annual report:  Metropolitan Planning Organizations (MPO) overview:  Introduced in Federal Highway Act of 1962  Federally mandated and federally funded  Required when urban areas meet/exceed 50,000 in population  Intended to ensure regional collaboration and that current and future transportation infrastructure investments are made using the 3-C planning process (continuing, comprehensive, and cooperative)  WMPO:  Established in 1973  Population approx. 300,000  494 square miles  The WMPO planning area includes the following jurisdictions: City of Wilmington, New Hanover County, Pender County, Town of Leland, Brunswick County, Town of Carolina Beach, Town of Wrightsville Beach, Town of Kure Beach, Town of Belville, and Town of Navassa  Responsibilities:  Metropolitan Transportation Plan (MTP) and five-year update  Administer direct attributable (STBGP and TA) funding programs  Develop a congestion management process  Coordinate operations of WMPO Board and Technical Coordinating Committee (TCC)  Coordinate planning activities with NCDOT and ensure compliance with Federal requirements  Adopt federal functional classification  Provide transportation planning assistance for member jurisdictions  Development review  Transportation Impact Analysis (TIA) coordination  Transportation Demand Management (TDM)  FY22-23 report overview:  WMPO organizational assessment:  Performance evaluation of the organization’s roles, responsibilities, staffing, program delivery, and structure  One-on-one interviews with staff, Board and Committee Members, and survey  Recommendations intended to enhance the organization and its efficiency and effectiveness in service delivery  Recommended actions: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 28  Long-Range Planning efforts:  Plan adoptions: 2022 Biennial Congestion Management Process Report, Navassa Collector Street Plan, and Navassa Bicycle and Pedestrian Plan  Local plan development: Pender County Bicycle and Pedestrian Plan and Walk Wilmington Pedestrian Plan  Feasibility studies: Gullah Geechee Heritage Greenway (Brunswick County), Downtown Trail Phases 2 and 3 (Wilmington), Island Greenway (Kure Beach), and Riverwalk Extension (Wilmington)  2024-2033 State/MPO Transportation Improvement Program development  Prioritization 7.0 draft project list development  2021 Bipartisan Infrastructure Law discretionary grant research and application development: Safe Streets for All and PROTECT  2050 MTP development:  Federal requirement: develop and adopt every five years, multimodal, performance based, community driven, and fiscally constrained  Board approved enhanced plan delivery  Citizen Advisory and MTP committees assembled  WMPO Board highlights:  Successful FHWA/FTA 2023 certification review  Coordination with NCDOT on Cape Fear Memorial Bridge replacement  WMPO boundary, governance, and structure evaluation  2022-2026 Strategic Plan accomplishments  NCDOT Bicycle Helmet Grant application and award  Resolutions support planning partners’ seeking federal discretionary grants  Collaboration with NCDOT for federal “August Redistribution”  Participation and collaboration with NCDOT, member jurisdictions, and other stakeholders on division led feasibility studies and express designs  Transportation demand management program:  Second annual Brunswick Heritage Riverside Ride (September 30, 2022)  2022 Commuter Challenge (October 2022)  2023 Year of the Trail  2023 Be A Looker Campaign (April-October 2023)  Bike Month 2023 (May 2023) rd  33 Annual River to Sea Bike Ride (May 6, 2023)  Commuter friendly employer criteria changes  Social Media reach th  WMPO offices update – Renovation of 525 North 4 Street building:  Phase 1B of Wilmington Multi-Modal Transportation Center Masterplan  Future WMPO Offices and Board meeting space  Renovation began in August 2022, completion anticipated in early 2024  Technical services:  1,147 site development reviews: 840 formal reviews and 307 informal/conceptual reviews  73 TIA reviews: 40 approved and 33 still in review process  503 traffic counts: 372 annual counts and 119 Special request counts  The WMPO receives approximately $5 million annually of federal Surface Transportation Block Grant (STBG), Transportation Alternatives (TA), and Carbon Reduction Program (CRP) funding  WMPO developed competitive process improvements for fund distribution  FY23 awarded projects and funding amounts: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 29  25 direct attributable projects currently receiving funds  2050 MTP: Cape Fear Navigating Change 2050:  MTP overview:  Federal law requires the WMPO to adopt a MTP and update it every five years  The MTP identifies the region’s transportation needs and provides a blueprint for the next 25 years.  The current WMPO MTP, Cape Fear Moving Forward 2045, was adopted on November 18, 2020, and is due for an update in 2025  MTP requirements:  Federal law requires a MTP that is:  Multi-modal (six transportation modes): aviation, bicycle and pedestrian, ferry and water transportation, rail, public transportation, and roadway  Fiscally constrained  Has a minimum 20 year planning horizon (WMPO planning horizon is 25 years)  Adheres to the adopted public involvement policy  Created using growth forecasts consistent with the latest local land use plans  2050 WMPO MTP and project implementation:  The 2050 MTP will be the plan used by federal, state, and local governments to guide transportation projects in our region over the next 25 years  Being included in the MTP means a project has been recognized as a regional priority that has potential funding. This can be a critical step towards a project being included in the TIP and then constructed.  Timeline: August 2022 – November 2025 (40 months, 3.3 years):  August 2022 - May 2023: WMPO staff preparations  June 2023 - January 2024: CAC and MTPC meetings, public outreach phase 1  February 2024 - November 2024: Modal project development, financial element  December 2024 - May 2025: draft plan development  June 2025: draft plan released for comment, public outreach phase 2  July 2025 - August 2025: plan finalization  September 2025 - October 2025: present final plan to WMPO TCC and Board  November 2025: plan adoption  Citizen Advisory Committee (CAC) and MTP Technical Steering Committee (MTPC) meetings:  CAC: The committee's role is to advise the WMPO on ways to engage the public more effectively and assist in outreach efforts. This committee is to be comprised of a citizen active in the community from each member’s jurisdiction.  MTPC: The committee’s role is to advise and direct plan development including criteria and metric development, project evaluation and policy recommendation review. This committee is to be comprised of subject matter experts in the six transportation modes, as well as urban planning, public health, emergency management, and diversity and inclusion.  Public outreach overview:  Public outreach phase 1: August 2023-November 2023 to include public meetings, presentations to various community organizations, and pop-up outreach events  Public outreach phase 2: June 2025  Data collection: one survey (English/Spanish) and stakeholder interviews/focus groups  Promotion: in-person, media, digital, and print Mr. Kozlosky, in response to questions, explained that LPA stands for lead planning agency agreement, which is what the WMPO has with the City of Wilmington which acts as the LPA. The WMPO has been working under the LPA since 1993, and it is currently being updated. The recommendation to develop an agreement does benefit the WMPO. He further confirmed that two projects at South Third Street for signal installation were funded through the direct attributable program with a combined cost of approximately $1.5 million. A brief discussion ensued about how traffic signals are paid for by developers sometimes as part of their project, so the cost is not always borne by the county, municipalities, or NCDOT as well as the number of TIAs in the unincorporated county as the municipalities. Mr. Koslosky explained in response to questions that the WMPO is working with NCDOT on a three-pronged approach to evaluate the Cape Fear Memorial Bridge project. The approaches are funding through the traditional NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 30 prioritization process, through tolling or alternative funding and public-private partnership, and/or through grants to offset the cost. There are many needs in the community. When 2045 Cape Fear Moving Forward was developed there were $7 billion worth of unmet needs in the region over a 25-year period. The long range transportation plan requires a fiscal analysis and federal laws require it to be fiscally constrained. NCDOT is making progress on several projects in the region. It is a collaborative process between the WMPO and NCDOT, and that includes figuring out the funding for the Cape Fear Memorial Bridge project. A brief discussion ensued about the 2050 MTP survey and budget allocation. Ms. Lacer explained how the survey is interactive and that comment bubbles are included so if a project is not included as part of the list, people can add a project. Chair Rivenbark thanked Mr. Kozlosky and Ms. Lacer for the update. PRESENTATION AND APPROVAL OF THE WORKFORCE HOUSING SERVICES PROGRAM RECOMMENDATION FOR FUNDING ALLOCATION AND ADOPTION OF THE RESOLUTION APPROVING FUNDING ALLOCATION Housing Program Manager Theo McClammy provided the following update:  Workforce Housing Services Program funding recommendation for FY24:  Housing needs assessment:  Project viability:  Financial feasibility:  How likely is it that the project will move forward?  Does the project include other funding sources?  Development quality:  Is the site suitable for development?  Does the development include good site design and quality materials?  Development and management team:  Do they have experience with affordable housing?  Do they have the capacity to manage the project?  Priorities:  Shovel ready to break ground prior to July 2024  Leverage of funding  Period of affordability that exceeds 15 years with additional considerations for projects at 30 years  Target average median income (AMI) 60 -120% with additional consideration for projects that include units under 50% and 30% AMI  Acceptance of Housing Choice Vouchers  Application and funding process:  Proposals received:  Recommendations: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 31  Blue Ridge Atlantic Development:  Requesting $600,000 for Residence at Canopy Pointe, a 72-unit senior housing development.  Awarded Low-Income Housing Tax Credits (LIHTC). The grant would (a) replace contingency funds depleted to correct unsuitable soil conditions, (b) keep the project compliant with LIHTC financing requirements, and (c) pay for facility improvement to make the project more durable and resilient  Broke ground November 2022 and ready for future tenants by March 2024  Cape Fear Habitat for Humanity (Haven Place):  Requesting $1,000,000 for Haven Place, construction of new 35 single-family units  Funding would support water/sewer infrastructure  Provide affordable homeownership opportunities for workforce families  Construction is anticipated to begin in March 2024  New Beginning Christian Church:  Requesting $500,000 to leverage and expand the existing Healthy Opportunities Pilot Program with its New Beginning Rental Assistance Program  Anticipate serving 127 households by providing wrap-around self-improvement services with a focus on sustaining and supporting participants to further their housing stability over the course of one year  WARM NC:  Requesting $872,000 for the repair of 40 units over the next two years  Funds would pay for emergency repairs, including flooring, plumbing, appliances, stairs, roof repair/replacement, HVAC, and ADA accessibility repairs, for owner-occupied homes  The project is shovel-ready and can be implemented upon award of funding  Cape Fear Collective:  Requesting $673,900 for the repair of 75 existing units  Request included funding for electrical rewires/repairs, inspection fees, and third-party income verification costs  LMN Advisors:  Requesting $1.5 million for construction financing of 150-200 affordable single-family or multifamily housing units  Potential sites were not identified within New Hanover County  The applicant clarified that the plans included more market research of the Greater Wilmington area and fostering private equity partnerships  Wilmington Realtors Foundation (WRF):  Requesting $1,500,000 for the construction of 48 new units at Pierson Pointe  The project is in the fundraising and design stages and has not been submitted to the Technical Review Committee (TRC) Mr. McClammy explained in response to questions that the LIHTC projects have a state mandated audit requirement and stringent follow-up procedures. For the local projects, staff will be working with the management and the Finance Department on developing the audit and compliance requirements. Community Planning Supervisor Rachel LaCoe confirmed that there will be a midpoint check and then an end of the year check to ensure the funds have been correctly spent. Extensions will be managed on a case by case basis if there is a compelling reason. There will be language in the agreement for unspent funds to be returned to the County. Ms. LaCoe stated in response to questions that none of the organizations have asked for inspection fees to be waived and all have included the fees in their budgets. A brief discussion ensued about WRF being unable to start due to infrastructure in the project area. Planning and Land Use Director Rebekah Roth responded to questions stating that there are no identified projects or partnerships to extend infrastructure down Carolina Beach Road. She knows that the WRF has submitted additional grant funding requests for the infrastructure project. One key component of the project is ensuring it moves through the TRC preliminary site plan approval. There has not been a request for a formal letter of support for the grants. Once the results have been provided on the grant requests, staff can then determine how to partner with WRF moving forward. Vice-Chair Pierce stated that she does think it is an advantage to the County to extend the infrastructure through that area. Carolina Beach Road is going to be a developing corridor and what can the County do, whether it is partnering with developers or having them continue installing the infrastructure that goes all the way to the southern end of the County, she thinks it is an advantage to the County. Commissioner Scalise stated that he hopes the County will continue to work alongside WRF to help the organization get in a future position where there can be a recommendation for them to receive funding. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 32 Further discussion ensued about the mix of rental and for-purchase homes that will be available with the various projects. Commissioner Barfield expressed his support for the list that has been presented and noted his concerns about the Blue Ridge Atlantic Development (Canopy Pointe) project going through the voluntary annexation into the City of Wilmington after obtaining rezoning approval from the County, the challenges created for emergency services, and the affordability of the units. Ms. LaCoe explained in response to questions that there are deed restrictions for the Cape Fear Habitat for Humanity project properties. Cape Fear Habitat for Humanity has the first right of refusal to purchase a property back to ensure the affordability long-term and that provision is included in the deed restrictions. As to the organizations such as LMN Advisors, the business plan/model was not provided, which is part of the reason for not being recommended to receive funds. Commissioner Scalise expressed appreciation to staff for their work in helping the applicants through this process. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to adopt the resolution approving the allocation of funding in amounts not to exceed $600,000 to Blue Ridge Atlantic Development, $1,000,000 to Cape Fear Habitat for Humanity, $500,000 to New Beginning Christian Church, and $872,000 to WARM NC, and authorizes the county manager and/or the county attorney to take such measures as necessary to finalize the terms and conditions of the funding. 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 19.7. PRESENTATION AND ADOPTION OF AN UPDATE TO THE AMERICAN RESCUE PLAN FRAMEWORK Intergovernmental Affairs Manager Tim Buckland and Mr. Credle provided the following update:  American Rescue Plan (ARPA) – New Hanover County framework update:  Background:  ARPA signed into law March 2021  Initial New Hanover County framework adopted three weeks later  Intentionally fast to begin recovery  Focus on public health, mental health, and economic recovery  Revisions as needed  Many programs already completed  Several initiatives continue  Obligation of funds by end of 2024, spent by end of 2026  Completed programs:  Business and nonprofit assistance  Broadband access (applications closed – assistance winding down)  Mortgage assistance  Some senior and health support services  Water bill assistance  Infant/toddler mental health  Infrastructure to support affordable scholarships housing at Eden Village and two Habitat for Humanity developments  Essential employee recognition  Continuing programs:  Job training  Community violence initiatives  Film industry internships  Infant/toddler classroom support  Mental health and senior support services  Affordable housing  Pandemic operations  Financial summary:  Change from prior update:  American Rescue Plan (ARP):  Available Funds: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 33  Unallocated Reserve: $ 1,134,053  Unspent Program Income and Earnings: 619,977 Total available funds $ 1,754,030 Mr. Credle explained in response to questions that the infant and toddler classroom support was a one- time request from Smart Start. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to adopt the revised American Rescue Plan Framework. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION AND APPROVAL OF WESTERN BANK PLANNING STUDY AND RECOMMENDATIONS FOR NEXT STEPS Ms. Roth stated the purpose of the presentation is to provide an overview of the staff study findings to identify next steps for policies related to land use on the Western Bank and request authorization to move forward with the project. It is an initial step in the process that will include a series of public hearings and discussions with the Board and the Planning Board before being presented for consideration for adoption by the Board. The Western Bank area is defined as the land in the unincorporated New Hanover County between the Cape Fear Memorial Bridge and the Isabel Holmes Bridge across the river from downtown Wilmington and is made up of a relatively small number of privately owned parcels. It includes the land on Eagles Island adjacent to the battleship, the peninsula at the convergence of the Cape Fear and Northeast Cape Fear Rivers known as Point Peter, and an existing industrial parcel across from Live Oak Bank Pavilion and the Old Wilmington Shipyard site just south of the Isabel Holmes Bridge. Currently, the parcels are zoned for commercial, industrial, and mixed uses. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) incorporates a vision established in the early 2000s to have development in the area mirror what is across the river downtown. Two years ago, a by-right hotel and spa on Eagles Island was submitted for TRC consideration, and a text amendment and associated development proposal for a mixed-use project on Point Peter was submitted for Planning Board and Board of Commissioners public hearings. These were the first submittals made for parcels on the Western Bank for several years, and the information that was presented as part of the public hearing process for the Point Peter request raised questions about the current vision outlined in the Comprehensive Plan. Specifically, the concerns related to current sunny day flooding and indications that water levels in the area were rising at a rate higher than previously anticipated. Since those project submittals have not moved forward nor been withdrawn, a series of work sessions have been held to determine the direction of how to move forward in the area. In spring 2022, staff provided additional information on known risks related to flooding and what might be feasible from a development standpoint. Last summer, staff outlined a variety of development scenarios with potential impacts and risks, and the Board directed an additional study to inform how best to move forward. Upon determining that now, no discrete technical study is possible that would provide more certainty as to what was advisable in the area, staff moved forward with the planning study. The first step in the study was a high-level analysis of development feasibility in the area, taking zoning off the table. Regarding the discussion about what is the highest and best use for these properties, which generally considers zoning permissions, staff wanted to see what would make the most sense without giving the purpose of the study and because there are other types of regulations that would apply to development in this area. Taking the other regulations into account, staff then looked at what was feasible from a technical standpoint and the resulting financial implications. The Western Bank study area is subject to the North Carolina (NC) Coastal Area Management Act (CAMA) and rules and policies of the NC Coastal Resources Commission, both of which are enforced by the NC Division of Coastal Management. Water-dependent structures such as bulkheads, piers and docking facilities, and boat ramps are subject to these rules. It is likely that development in the study area would be subject to some level of CAMA permitting. In addition, to review from multiple state agencies to determine if additional standards apply, the CAMA regulations that apply to the study area include setbacks and buffers from the normal high water line boundary or mean high water. The normal high water line is not static, so verified field surveying of the line from which those buffers apply is only good for one year and has not been confirmed by NC Division of Coastal Management staff and may be located further inland. Additionally, it is uncertain but unlikely that CAMA permitting would allow for the types of hardened structures currently used in downtown Wilmington to reduce flooding and erosion concerns. The exact impact of CAMA regulations on these properties is uncertain and would not be able to be determined without the full site plan necessary for CAMA review. Full assurances of whether a project would meet CAMA permitting requirements is not possible prior to a rezoning public hearing. A chance does exist that an approved conditional rezoning project may not end up being legally feasible. It is unknown whether the projects from two years ago would be possible from a CAMA perspective. Also, the Western Bank study area, along with portions of downtown Wilmington, is located within the Federal Emergency Management Agency (FEMA) AE flood zone, which is modeled as a one percent or greater annual chance of flooding. The County’s current regulatory flood insurance rate maps in the area, adopted in 2018, are based on risk modeling using the existing conditions data available at that time. Currently, more frequent flooding is being seen and regular sunny day flooding attributable to high tides and post- storm flooding from localized precipitation and from heavy precipitation upriver have been observed on these sites. The flooding is most evident on Eagles Island in the lower, marshy areas where the flooding impacts roadways. There is less observable flood impact on the northern bank properties with a potentially lower area where more flooding can be observed. The flooding is influenced by the topography of the area which is largely much lower than the land across the river on the eastern bank and largely lower than the nine foot base flood elevation. Besides the regulatory considerations, the development of the Western Bank would also be influenced by necessary infrastructure, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 34 including roadway access as well as influenced by necessary infrastructure, including roadway access. Based on the information presented as part of recent development proposals and gathered by staff, the legal feasibility of a project would depend on a site-specific CAMA review, which would not be conducted prior to any Comprehensive Plan amendment or conditional rezoning decision. The parameters for that review do consider changing conditions, so the Western Bank parcels might become less developable over time. Development is technically feasible from an engineering perspective. Concerns related to current flooding can being mitigated, and public water and sewer can be extended to serve the properties. The cost of those engineering solutions, as well as the costs of the required permitting and review periods, would likely be extensive, and the financial feasibility of a project would depend on the income generated by it and the return-on-investment period required for the developer. With the information obtained from staff’s work over the past few years and the projects submitted in 2021, uncertainty remains as to how likely it is that the land could be developed and what that development would look like, even taking out zoning considerations. Uncertainty remains regarding the future risk of flooding and the National Oceanic and Atmospheric Administration (NOAA) models indicate that water levels will rise over the coming decades. The rise could be as much as 3.28 feet by 2080 using the identified local scenario for the area. An increase in water levels based on NOAA tide gauge data has been observed with the readings for about the past five years being higher than trend lines would indicate. To identify the next steps in this type of situation with much uncertainty about what the future will look like, staff conducted uncertainty and risk analyses to determine what should be done now to prepare for the range of future conditions. Staff identified four exploratory scenarios for what might occur in the area given potential variability in the intensity of future development and the intensity of future flooding. The staff assessed each scenario for levels of risk for vulnerable populations, populations with more resources, private investments, public investments, natural resources, and historic and cultural amenities based on a framework developed this past year by a resiliency working group made up County staff from planning, emergency management, engineering, soil and water, diversity and equity, and strategy. The risk tolerance framework identifies when risk is recommended to be avoided, mitigated, or borne for both current, known levels of risk and future, uncertain levels of risk in the following areas: underserved and vulnerable people, populations with resources, private investments, public investments, natural resources, and historic and cultural amenities. Activities identified that would allow the County to prepare for a spectrum of potential development scenarios while mitigating or avoiding risk, comprise Comprehensive Plan amendments, regulatory changes, and future partnerships and projects: • An update to the Comprehensive Plan would make sure owners and the wider community are aware of the risks in this area and the potential for future development and would use past studies to inform recommendations related to design and architecture to mitigate potential impacts on the character of downtown Wilmington. • The ordinance would be updated to allow for uses with the most minimal of impact so property owners can reasonably use their land but also to establish standards and processes of what would be required if higher impact uses were requested to mitigate public risk, such as the ongoing maintenance of infrastructure and emergency service considerations. • The basic idea would be to shift the cost burden from the public side to the private side if future development occurs, but there would also be a need to consider that even if the land is not developed heavily in the future, likely existing site contamination may require public assistance to mitigate so natural resources are not impacted. • Also, as one of the key recommendations outlined in the Comprehensive Plan update framework, data needs to be collected so determinations can be made when the existing policies and strategies need to be updated. In speaking with Roger Shew and Dr. Larry Cahoon from UNCW, staff has been able to identify potential monitoring studies that would allow for the data collection to start that would be needed to identify when conditions have changed enough to trigger updates. The staff recommendation is to proceed at this point to begin working on updates to the Comprehensive Plan and the Unified Development Ordinance (UDO). The processes would allow the concepts to be developed in more detail and would entail a series of public hearings where the public and other stakeholders could provide information and participate. Comprehensive Plan updates are anticipated to include:  Specific riverfront area place type and development tier  Implementation strategies related to development agreements and brownfields programs  Articulate the environmental constraints so clear for all plan users  Outline monitoring studies and trigger points for reconsideration of policies and standards UDO amendments are anticipated to include:  New riverfront-specific zoning district:  Limited uses by-right (potentially warehousing, parks, museums, boating facilities, small offices, or businesses, etc.)  Allow higher intensity mixed use or commercial projects with new district-specific processes for conditional rezoning requests  Site design and architectural standards based on plan amendment NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 35  New integrated mixed use project use to the ordinance  Outline provisions for nonconforming uses that would allow existing uses to remain and expand  Staff-led rezoning to apply new district Ms. Roth concluded the presentation stating that the Board is being asked to authorize staff to move forward with refining the Comprehensive Plan amendment concepts based on the Board’s feedback and direction. The first step in the process will be to refine the plan concepts for presentation to the Planning Board before moving forward with public hearings associated with the plan amendment. Once there is clarity on the amendment, staff will work on the needed standards for implementation of the UDO. Again, the process will take a few months and will include multiple public hearings before anything is presented for formal adoption. Discussion ensued about various aspects of the study and the recommendations for the next steps. Commissioner Zapple expressed concerns about using the existing zoning district, RFM-X, as the model to move forward with the matter and the ongoing County responsibility to provide core essential services. He prefers that the Board establish some of the specific studies to obtain more information. He does not think there is enough data at this point to move forward. Ms. Roth in response to questions confirmed that staff has identified looking at the Western Bank area and an amendment to the Comprehensive Plan as one of the more immediate actions that can be taken sooner than waiting until the completion of the entire Comprehensive Plan. Even though there is not a lot of information available to the Board at this point, the matter is intended to ensure that Urban Mixed Use zoning does not continue to be a part of the Comprehensive Plan, if that is not what the Board wants to see, because those provisions are in place today. The zoning currently in place allows for higher intensity commercial and industrial use. The idea is to put something in place now that can always be reevaluated if the data shows the need. It will be an area specific amendment to the current Comprehensive Plan. She confirmed that the area is already zoned in a way that industrial can exist and that the goal is to look at the best use of the whole area, whether it is industrial or not. Further discussion ensued about the subject area and next steps. Vice-Chair Pierce stated she is not a big fan of industrial across the river and it makes sense to pull that out. However, the private property owners have a right to do as they choose, but they do not know what they can currently do, and that is concerning to her. She further stated that she is fine with staff moving forward with the process. Commissioner Barfield expressed his concerns about the environmental impacts and resulting challenges impacting the County’s ability to provide the right services and a developer’s actions to have their property annexed into the City of Wilmington (City). He feels it is premature and hopes the City Council will table any decision to move forward with the request to allow County staff to follow the process to complete the evaluation of the area. He will not support running water and sewer services to the area until there are more answers. Commissioner Scalise stated that private property rights are very important to him and feels it is appropriate to allow staff to move forward with the proposal. Additional discussion ensued about the RMF-X zoning district. Commissioner Zapple confirmed for Ms. Roth that his concerns with RMF-X are the height, allowed density, and the types of allowed businesses. Ms. Roth confirmed in response to questions that the request is staff driven not developer driven and if allowed to move forward it is to find the right zoning for the area across the river. Developers would still have to work through federal and state agencies to obtain the appropriate approvals. Commissioner Scalise stated he is hesitant to make a policy direction to staff when it has been advertised that is not what the Board is supposed to do today. He would prefer not to put any limitations on staff from a policy perspective in this case and let staff do the proposed work and then make policy decisions later. Commissioner Zapple stated that he would like a work session on the matter. County Manager Coudriet stated that the proposal does not start with the assumption that RMF-X is the baseline for the zoning issue, but it currently exists and allows property owners to proceed with developments in that area. His understanding of Ms. Roth’s comments is that she proposes a new less intense riverfront district than the RMF-X to be applied across the entire area. The staff is not advocating for RFM-X to be the starting point. As to the mentioned studies, there are limitations to conducting detailed studies until there is a specific project proposal. Staff cannot provide the Board with the level of certainty it desires until a specific project is in place. The staff objective, in response to Board direction, is to preemptively rezone these areas to better align with what the Board, the public, and environmental considerations acknowledge. If the Board wishes to remove conditional rezoning opportunities from the new riverfront use district, staff is open to that discussion. However, it is essential to understand that currently there are already options available for private property owners to proceed with developments by-right and/or conditional rezoning. He is not suggesting that RMF-X be taken out of the discussion. However, if that is the Board’s will then conditional rezoning does not have to be a part of whatever new rezoning district the Board creates. Ms. Roth stated for clarification purposes that when the reference to using RFM-U as a base was written it was for the architectural standards that were identified in that district because they were determined after a previously long public process. It was not related to intensity, and staff will look at height. As to the recommended studies, even if staff were to move forward with those studies, the results would not be available right away. She does hear that may be an item of importance to the Board and can be explored for inclusion as part of the upcoming budget process. Vice-Chair Pierce commented that she thinks it should be the developers paying for the studies specific to the site, not the County, as the developers have a project they desire to have in the area. Hearing no further discussion, Chair Rivenbark requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 16, 2023 REGULAR MEETING PAGE 36 Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to authorize staff to move forward with implementing the study recommendations. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS 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 two applications available for consideration. The Board directed that the Clerk to the Board readvertise for the vacancy. Appointments to the New Hanover County Jury Commission Chair Rivenbark reported that one vacancy exists on the New Hanover County Jury Commission with four applications available for consideration. Commissioner Zapple nominated Sheila Nicholson for appointment. Commissioner Scalise 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 Sheila Nicholson to the New Hanover County Jury Commission to serve a two-year term with the term to expire October 31, 2025. Appointment to the New Hanover County Juvenile Crime Prevention Council Chair Rivenbark reported that two vacancies exist on the New Hanover County Juvenile Crime Prevention Council in the At-Large category with two applications eligible for appointment. Commissioner Barfield nominated Akeeva Miller for appointment in the At-Large category and requested that the Clerk to the Board be directed to readvertise for the remaining vacancy. Commissioner Scalise 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 Akeeva Miller in the At-Large category to the New Hanover County Juvenile Crime Prevention Council to serve a two-year term with term to expire September 30, 2025. The Board directed that the Clerk to the Board readvertise for the remaining vacancy. 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 Zapple nominated Donna Guillaume for appointment. Commissioner Scalise 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 Donna Guillaume to the New Hanover County Nursing Home Community Advisory Committee for an initial one-year term, with term to expire October 31, 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 congratulated everyone for their success with the recent Local Government Commission meeting concerning Project Grace. Chair Rivenbark congratulated Commissioner Barfield on the recent birth of his second grandchild. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 12:06 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.