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HomeMy WebLinkAbout2022-01-24 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 305 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on January 24, 2022, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; 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 Chief Diversity and Equity Officer Linda Thompson provided the invocation and Chair Olson-Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Commissioner Zapple requested to pull Consent Agenda Item #2 Second Reading: Approval of Solid Waste Franchise for Avian Carting Corp, LLC for further discussion and consideration. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting held on January 6, 2022 and the Regular Meeting held on January 10, 2022. Approval to Request Grant Funds from N.C. Governor's Highway Safety Program Regional Forensic Laboratory – Sheriff’s Office The Commissioners approved the resolution authorizing the Sheriff's Office to submit the grant application and Local Government Resolution to the Governor's Highway Safety Program. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 20.1. Approval of National Association of Conservation Districts Urban Ag Grant Application – Soil and Water The Commissioners approved the request for the Soil and Water Conservation District to apply for the National Association of Conservation Districts urban ag grant. The grant will help identify the customer base for urban agriculture programs and what their needs may be. The grant amount is $10,000 and no additional funding or local match is required. Approval of Budget Amendment – Budget The Commissioners adopted budget amendment 22-039 for Social Services, amending the annual budget ordinance for the fiscal year ending June 30, 2022. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 20.2. Discussion and Approval of Second Reading: Solid Waste Franchise for Avian Carting Corp, LLC – County Attorney In response to Board questions, Environmental Management Director Joe Suleyman stated that it is not unusual for a company to have a main office elsewhere and have satellite offices here. For example, the company that provides the trash recycling services for the County has a satellite office in Wilmington and offices elsewhere. A lot of the companies have yards set aside where they store their additional containers. There is a prohibition of the import of waste from outside of New Hanover County. Those who do business in the County resulting in the removal or transportation of solid waste and recycling, must get a franchise agreement. Upon agreeing to the franchise, they also agree to not bring waste from outside the County and doing so can and will result in revocation of their franchise agreement. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve Consent Agenda Item #2 Second Reading: Approval of Solid Waste Franchise for Avian Carting Corp, LLC as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 306 Additional information: The Commissioners approved the second reading of the solid waste franchise for Avian Carting Corp, LLC. The first reading was unanimously approved on January 10, 2022. A copy of the franchise agreement is available for review in the legal department. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Gloria Batts, Facilities Management, retiring with 18 years of service Chair Olson-Boseman presented the retirement award to Ms. Batts and the Commissioners expressed appreciation and thanked her for her years of dedicated service. CONSIDERATION AND APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CAPE FEAR RESOURCE CONSERVATION & DEVELOPMENT Dru Harrison, Soil and Water Conservation Director, stated that her department has worked with Cape Fear Resource Conservation and Development (CFRC&D) over the last year to develop a watershed restoration plan for Pages Creek. The plan includes trying to find gray and green infrastructure to help infiltrate more of the stormwater in the area and to help reduce flooding. The Board is being asked to approve a memorandum of understanding with CFRC&D in order to continue to develop and implement the plan. In response to Board questions, Ms. Harrison stated that the request is just for the plan. Once the plan is written, the department becomes eligible for EPA-319 funds to help implement the plan. As to why it takes eight organizations to write the plan, the main organizations that will be working on it are CFRC&D and Moffatt and Nichol. The other stakeholders are being consulted to make sure their needs are met. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman to approve the memorandum of understanding with Cape Fear Resource Conservation and Development to continue to develop and implement the Pages Creek Watershed Restoration Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND APPROVAL OF A FULL-TIME VETERANS TREATMENT COURT COORDINATOR GRANT- FUNDED POSITION TO ESTABLISH A VETERANS TREATMENT COURT IN NEW HANOVER COUNTY WITH A DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS (OJP), BUREAU OF JUSTICE ASSISTANCE 2021 ADULT DRUG COURT AND VETERANS TREATMENT COURT DISCRETIONARY GRANT Community Justice Services Director Chris Preston stated the request is related to the Department of Justice (DOJ) grant application that was approved in April 2021 to pay for a Veterans Treatment Court Coordinator to work with the Veterans Treatment Court and community partner agencies. In December 2021, the County was awarded a grant in the amount of $349,439 to be disbursed over four years (through September 2025). The budget amendment being requested is to pay for the full-time Veterans Treatment Coordinator position. In response to Board questions, Judge Corpening reconfirmed that the total grant amount is for $349,439 to be disbursed over four years. An in-kind County match of 25% is also required. Commissioner Barfield stated that he appreciated that establishment of the Veterans Treatment Court to help veterans and the work Judge Corpening is doing on behalf of the citizens. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Barfield to adopt budget amendment 22-042 and approve the addition of a full-time Veterans Treatment Court Coordinator to be fully funded with Department of Justice, Office of Justice Programs (OJP), Bureau of Justice Assistance 2021 Adult Drug Court and Veterans Treatment Court Discretionary Grant dollars. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 22-042 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 20.3. CONSIDERATION AND APPROVAL OF COMMUNITY VIOLENCE ACTION PLAN AND ADOPTION OF ASSOCIATED BUDGET AMENDMENTS Chief Financial Officer Lisa Wurtzbacher presented an overview of the request as follows:  Addressing Community Violence - Funding Plan:  Programs focused on wrap-around services, community communication, relationship building, eliminating education barriers, and at-risk intervention  Plan through fiscal year 2025  Total plan estimated at $39.6 million NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 307  Funded through:  Reallocation of American Rescue Plan Act (ARPA) funds  General Fund balance  Revenue Stabilization Fund  Other tax revenues  Fiscal Year (FY) 2022 Programs and Funding:  Reallocation of ARPA Funds:  Reduce broadband access and afterschool transportation projects by half  Reduce employee covid testing based on volume of employees needing testing  Remove PPE and homeless sheltering funds from ARPA plan  Remove Blue Clay Road Business Park project from ARPA plan and fund through loan proceeds instead  Utilize the reserve for future projects  Budget Amendments:  Budget Amendment 22-043:  Utilize fund balance for capital related projects: th  Upfit 4 floor of 320 Chestnut  Design for boarding school to be run by LINC  Design and consultation for grocery store in food desert  Utilize interest from Revenue Stabilization fund for program expenses:  School resource officers for impact zone elementary schools  Community call center  Threat assessment training  Budget Amendment 22-044: Funds Blue Clay Road Business Park from loan proceeds  Requested Actions:  Approve presented framework for addressing community violence  Approve Budget Amendment 22-043 and 22-044  Approve reallocation of ARPA funds as presented In response to Board questions, Ms. Wurtzbacher confirmed that the broadband access program would be reduced by half. Initially, it was estimated that 8,000 students would need the service and the demand is not being seen via the applications. A brief discussion was held about the afterschool transportation program. In response to Board questions, Ms. Wurtzbacher stated that the program is being utilized, but it is not as robust of a program as was originally thought. To date, one invoice has been received for $10,000. There is a need to keep some funds in the program as the school district continues to send invoices for the fiscal year. The fund could be reduced by $1 million, leaving $200,000 in place. However, before doing that she would like to verify that amount will be enough as services have been provided for several months and the County has not been invoiced for the full time period. Also, the school district would not be allowed to move the money from that fund and use it for something else. In response to additional Board questions, Ms. Wurtzbacher confirmed that for FY 2022 only the interest is being used from the Revenue Stabilization fund and has more interest than the Mental Health and Substance Use Disorder Fund (Mental Health Fund) as it is a bigger fund. In review of the Mental Health Fund policy, the programs the County are trying to fund do not fit as it specifically talks about substance use disorders and providing grant funding. Vice-Chair Hays stated that she felt the Mental Health Fund would be a better fit than the Revenue Stabilization Fund as what is being presented falls under mental health. She further stated that she was clear in prior meetings with staff that she wanted the funds taken from the Mental Health Fund not the Revenue Stabilization Fund. The County needs to dramatically address the mental health issues with its youth and she feels this is all about that, which is why she was clear about using the Mental Health Fund. She is okay with using the interest from the Revenue Stabilization Fund for FY 2022, but not the principal going forward, and is fine using the principal from the Mental Health Fund. A brief discussion was held about the grocery store. In response to Board questions, County Manager Coudriet stated that there have been extensive discussions primarily with the Northside Food Co-op as well as others NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 308 about the grocery store. The intention is to design and build a full-service grocery store that operates as does any facility but is effectively owned and operated by members in the community and is a profit-making facility that employs people and returns investments back to the community. Discussion was held about Feast Down East working with the Food Bank of Central and Eastern NC (Food Bank) on a new facility that will include a marketplace, not a full grocery store, on the southside of the County. While maybe not the right partnership for the County, information could be gleaned from Feast Down East about the process being used for the Food Bank marketplace. Further discussion was held about the afterschool transportation program. Commissioner Zapple recommend reducing the funding to $50,000. In response to Board questions, Ms. Wurtzbacher stated an invoice from October for $10,000 was received and the school district recently provided information for November and December. The invoices are mileage based and if the program continues this year, she felt that $50,000 would not cover the service. She also confirmed that the school district is aware that the money cannot be spent on anything else other than this program. Chair Olson-Boseman stated that she would not vote to get rid of the program if it is being used, nor disable it, and prefers to appropriately fund it. If $10,000 a month is being used, then $100,000 should be enough to cover it through the end of the year. Ms. Wurtzbacher stated she thought $100,000 would cover the invoices. Chair Olson-Boseman recognized New Hanover County Board of Education Chair Stephanie Kraybill and offered her the opportunity to comment on the discussion. Chair Kraybill stated she would be hesitant to take away the afterschool transportation program. The majority of the students that use the program have working parents and have no other way to get home or to afterschool programs. The Board of Education is clear on how the funds are allowed to be used. Vice-Chair Hays stated the discussion is not about taking away the program and she does not want to do that. The discussion is if the $1.2 million is not being used, moving $1 million out of the program to put into the Community Violence Action Plan (CVAP) which will still leave plenty of funding for it. She noted that New Hanover County Schools Chief Financial Officer Mary Hazel Small had made a request to move money since a majority of the funds are not being used for the program. A brief discussion was held about the urgency to change the funding amount. Commissioner Barfield stated that the changes could be made in two to three months via a budget amendment as the money is not spent until it needs to be. It would allow Ms. Wurtzbacher the time to gauge the monthly cost for the afterschool transportation program and then provide the Board an update to be able to decide at that point. Commissioner Zapple stated he feels the urgency is due to the request before the Board to adopt a budget amendment that describes where the money is that will be used to fund the CVAP. The desire is recapture up to $1 million from the afterschool transportation program if it is not being used and use it for the CVAP. The $1 million is currently coming out of the interest from the Revenue Stabilization and Mental Health Funds, which will deplete them and result in the County having to using the corpus of those funds. He wants to preserve as much of the corpuses as possible and thinks it makes sense to pull the money from the afterschool transportation program. He asked Ms. Wurtzbacher for her input. Ms. Wurtzbacher stated that she likes Commissioner Barfield’s suggestion of waiting. As structured, everything has been pulled that is thought to be eligible for ARPA. Items labeled as escrow were what staff felt were not eligible for ARPA, which is why staff’s thought was to fund them through fund balance or use the interest from escrow. It is unknown whether the County would be allowed to use ARPA funds for those programs even if there was more money. In response to Board questions, Ms. Wurtzbacher stated the $600,000 being used for the afterschool transportation program will be spread out over a number of years and is part of the ARPA fund. Vice-Chair Hays stated that while the desire is to keep the afterschool transportation program in place, if the funds are not being used by the school district, she wants staff to review what the funds can be used for and have them reappropriated. She also wants to make sure that the corpus of the Revenue Stabilization Fund is not used at all and the move be towards seeing what the Mental Health Fund can be used for. Ms. Wurtzbacher confirmed that she understood. Vice-Chair Hays further stated that she is okay moving forward with the request with the understanding that Ms. Wurtzbacher return to the Board in the next month or so with an update. In response to Board questions, Ms. Wurtzbacher confirmed that if the Board moves forward with the request, the plan is to pull back $600,000 from the afterschool transportation program, leaving $600,000 in place. As additional invoices are received, further evaluation can be done on the amount needed moving forward to fund the program and then she can return to the Board with an update. Commissioner Barfield stated that he appreciates the acquiesce to let things set and would make a motion to approve the request. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman to approve budget amendment 22- 043 to fund community violence initiatives through Revenue Stabilization interest and general fund balance, approve budget amendment 22-044 to change the funding source for the Blue Clay Road Business Park to loan proceeds, and approve changes to the American Rescue Plan Act funding plan. Chair Olson-Boseman opened the floor to Board discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 309 A brief discussion was held about the location of the grocery store. In response to Board questions, County Manager Coudriet stated that County staff is working with the City of Wilmington as a partner, the Northside Food Co-op, and others on the grocery store location. At this time, he would prefer not to announce the location. A brief discussion was held about the corpus of the Revenue Stabilization and Mental Health Funds. In response to Board questions, Ms. Wurtzbacher stated that her estimation is that Fiscal Year 2023 is when the County will cut into the corpus of either fund. The amount she has estimated is $2 million. Commissioner Barfield stated that he confirmed through Frankie Roberts that a portion of the people working on the grocery store are with Feast Down East. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the budget amendments are hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 20.4. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Board of Mechanical Examiners Chair Olson-Boseman reported that one vacancy exists on the New Hanover County Board of Mechanical Examiners with one application eligible for consideration. Vice-Chair Hays nominated Devin Skipper for appointment. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. Vote Results: The Board voted unanimously to appoint Devin Skipper to the New Hanover County Board of Mechanical Examiners with the term to expire August 31, 2023. Appointments to the New Hanover County/City of Wilmington Community Relations Advisory Committee Chair Olson-Boseman reported that two vacancies exist on the New Hanover County/City of Wilmington Community Relations Advisory Committee with four applications available for consideration in the Business Community category and one application available for consideration in the Faith Community category. Commissioner Zapple nominated Kaari Snook in the Business Community category. Chair Olson-Boseman seconded the nomination. Commissioner Barfield nominated Erin Howell in the Faith Community category. Chair Olson-Boseman seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted unanimously to appoint Kaari Snook in the Business Community category and Erin Howell in the Faith Community category to the New Hanover County/City of Wilmington Community Relations Advisory Committee to fill unexpired terms, with the terms to expire September 30, 2023. Appointment to the New Hanover County Health and Human Services Board Chair Olson-Boseman reported that three vacancies exist on the New Hanover County Health and Human Services Board in the Professional Engineer, Psychologist, and Psychiatrist categories. One application has been received and is available for consideration in the Psychiatrist category. Vice-Chair Hays nominated R. Thomas Mathew for appointment in the Psychiatrist category. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted unanimously to appoint R. Thomas Mathew to the New Hanover County Health and Human Services Board in the Psychiatrist category to fill an unexpired term, with the term to expire July 31, 2023. Appointments to the New Hanover County Juvenile Crime Prevention Council Chair Olson-Boseman reported that two vacancies exists on the New Hanover County Juvenile Crime Prevention Council in the At-Large and Juvenile Defense Attorney categories. Three applications have been received for consideration in the At-Large category. Commissioner Barfield nominated Zachery Mitcham for appointment in the At-Large category. Chair Olson- Boseman seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 24, 2022 PAGE 310 Vote Results: The Board voted unanimously to appoint Zachery Mitcham in the At-Large category to the New Hanover County Juvenile Crime Prevention Council to fill the unexpired term, with the term to expire September 30, 2022. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Olson-Boseman stated that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chair Hays expressed appreciation to Emergency Management Director Steven Still and his team for their work over the past several days during the winter weather event to keep citizens safe. She also expressed appreciation to their families for their support during these type events. Chair Olson-Boseman stated that she is a firm believer that it is none of her business what other people think of her. However, she has the privilege to sit in the middle of her fellow Commissioners and it is her business what is being said about them. She is extremely disturbed by the accusations that New Hanover County Board of Education member Judy Justice has made about her fellow Commissioners of backroom dealing and she believes another school board member agreed with it. She wished something could be done about the accusations and asked that County Manager Coudriet be a little more diligent as maybe there is a need to do more line items with the school board. She reiterated that she is extremely disturbed that someone would accuse the Commissioners she serves with of backroom dealing because the Board thought enough of teachers that it wanted to give them a bonus in December for what they are doing and Ms. Justice stated that the Board made a backroom deal for the kids to go back to school. She further noted that students did not actually go back to school when the Commissioners wanted them to return. Commissioner Zapple also expressed appreciation to Emergency Management Director Steven Still and his team. He encouraged citizens who are having trouble paying their heating bills to contact the Social Services department to discuss eligibility via the Low Income Energy Assistance Program (LIEAP) to receive one-time financial assistance. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 9:55 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.