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HomeMy WebLinkAbout2024-01-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 101 ASSEMBLY The New Hanover County Board of Commissioners met January 22, 2024, 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; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Senior Human Resources Analyst Bo Dean provided the invocation and Chair Rivenbark led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the item 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 January 4, 2024 Agenda Review and the January 8, 2024 Regular Meeting. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Chief Deputy Kenneth Sarvis, Sheriff’s Office, retiring with 32 years of service. Chair Rivenbark presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet then requested the following employees to step forward to receive service awards: Five Years: Tufanna Bradley, County Manager’s Office Timothy Buckland, County Manager’s Office John Marshall, Library Ten Years: Shannon Zickefoose, Register of Deeds Twenty-Five Years: Jennifer Smith, Fire Services 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: Katia Boykin, Planning and Land Use Monique Holmes, Facilities Management Shameka Davis, Facilities Management Shaunna Jordan, HHS - Social Services Fabian Evans, Facilities Management LaDreama Jordan-Hutcherson, HHS - Social Services Damion Fulford, Planning and Land Use Sonia Roman, HHS - Social Services Shannon Hines, HHS – Social Services Kourtney Wilson, Planning and Land Use Monica Holloway, Information Technology The Commissioners welcomed the employees to County Government and wished them success in their new positions. PRESENTATION OF THE DARKNESS TO LIGHT "PARTNER IN PREVENTION" AWARD Carousel Child Advocacy Center Executive Director Amy Feath reported that annually, the Darkness to Light "Partner in Prevention" distinction is awarded to organizations that meet stringent criteria, including comprehensive training for most employees and volunteers, regular background checks, and the implementation of child safety policies. These criteria showcase an unwavering commitment to reducing opportunities for abuse, promoting healthy child development, and deploying strategies to prevent child sexual abuse and exploitation. In 2023, New Hanover County Health and Human Services earned this prestigious recognition for the staff’s significant dedication to nurturing a prevention-focused community. Upon the award being presented, Chair Rivenbark thanked Ms. Feath for making the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 102 CONSIDERATION AND APPROVAL OF NORTHCHASE LIBRARY AWARD OF CONSTRUCTION CONTRACT FOR PHASE 1 SITE WORK AND REIMBURSEMENT RESOLUTION Facilities Project Manager Kevin Caison reported that on October 10, 2023 the County advertised a Request for Bids for the Northchase Library Phase 1 site work package. The package consists of clearing the land, mass grading, erosion control, and surcharging the building pad and load bearing areas. The November 7, 2023 bid opening has only two bids submitted; therefore, a rebid was scheduled for November 15, 2023. On the rebid date, three bids were submitted, reviewed, and certified by the engineer of record, confirming East Coast Contracting, Inc. as the lowest responsive, responsible bidder with a bid amount of $579,500. It is important that this phase of the construction happens timely to not delay the actual schedule for construction of the building. Putting the bid out early saved approximately $300,000 versus the alternative of driving pilings for structural reinforcement. The Board is being asked to approve the contract award and adopt the reimbursement resolution. Mr. Caison, in response to questions, stated that the cubic yards included in the package is an estimate and it could change based on what is found when the removal of unsuitable soils begins. He is confident with the bid from East Coast Contracting, Inc. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to approve the award of the site work contract to East Coast Contracting, Inc. in the amount of $579,500 for the Northchase Library Phase 1 site work and adopt the reimbursement resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 2.1. NEW HANOVER COUNTY/CITY OF WILMINGTON WORKFORCE HOUSING ADVISORY COMMITTEE ANNUAL UPDATE Shamonique Brantley, Chair of the New Hanover County/City of Wilmington Workforce Housing Advisory Committee presented the following information:  Workforce Housing Advisory Committee 2024 Annual Report:  “In 2022, WARM served 62 families in New Hanover County. In 2023, 101 New Hanover County families that were living in substandard housing are now living in a safer home. Helping these families stay in their homes, essentially preserving our county’s housing stock, is the most efficient strategy to address the crisis. For example, the county’s investment of $872,000 in workforce housing funds will help 40 households and WARM projects to preserve over $6 million in affordable housing. Through partnerships with New Hanover County and the City of Wilmington, we are changing the community together.”  Committee members: Sharm Brantley, Chair; Tom Gale, Vice-Chair; Erica Barnett; Liz Carbone; Krysti Keser; Eric Knight; Katrina Knight; Morgan Moskal; Frank Smith; Paul Stavovy; Edwrin Sutton; and Roxie Wells  Workforce Housing Advisory Committee Strategic Plan:  Housing update:  The need that still exists: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 103  2024 Committee recommendations:  Funding: Work with partners to develop a substantial, coordinated funding structure:  Develop a housing fund by leveraging local, federal, and private sources so diverse initiatives, such as land acquisition and donation, rolling gap financing, and pre- development costs, can be supported  Policies and legislation: Continue to pursue policy changes at the state and local levels to support housing affordability:  Include NC Housing Coalition’s 2024 legislative agenda as part of County and City of Wilmington (City) legislative work, focusing on efforts to restore and increase the state housing fund  Reduce costs for affordable housing in the development review process  Encourage mixed-income projects and require a source of income protection for projects using public funds  Include housing affordability and reducing development costs as a focus of County and City planning initiatives  Diversity of housing supply: Support the preservation of existing housing and production of new mixed-type and mixed-income development:  Fund, support, and expand programs to preserve the existing housing supply  Develop tools and strategies to better support the production of mixed-type and mixed- income projects  Hold a joint County-City elected board roundtable discussion with both Planning Boards and the development community to coordinate on strategies to remove barriers to including housing diversity and affordability in residential projects  Encourage the construction of and simplify the process for developing accessory dwelling units (ADUs)  Programs: Focus on residents when investing in programs:  Continue funding successful programs and projects to support residents with local dollars, such as the American Rescue Plan (ARP) funded workforce gap rental assistance program  Identify and implement innovative measures to make existing housing more affordable  Education: Improve collection of data and communication of existing programs:  Continue expansion of housing counseling and financial literacy programs  Bolster efforts to track data and expand next housing needs assessment update to include statistically significant qualitative study  Develop a shared housing data web platform to serve as a resource for the public  Improve communication between this committee and the elected boards  “I’m a new teacher here in New Hanover County…I accepted the position kind of late in the summer, and I’ve been staying in a temporary Airbnb…I can’t find an apartment complex that will approve me, and I can’t afford to stay in an Airbnb for long because it’s too expensive…It’s not that I can’t pay…I just need somebody to give me a chance. Otherwise, I am going to end up with nowhere to stay, even though I have, you know, a good job.” A brief discussion ensued about the annual update. The Board expressed its recognition of the issues being experienced by citizens in trying to find affordable housing. Ms. Brantley, in response to questions, explained that the presentation has been built for the Board and City Council. As to issues experienced by the teacher, most rental offices require potential tenants to have an income of 2.5 times the amount of the rent, and if a person is co-signing for the tenant, that person may have to have an income up to eight times the amount of the rent. She has not heard any complaints about accessory dwelling units (ADU) but there are specific items that would be helpful to encourage ADUs to be built. It may not necessarily be funding but rather programs to help ease what may be restricted currently to regular single-family housing. There are also cost savings that can be realized through the development review process. County Manager Coudriet, in response to questions, confirmed that a joint meeting with the City Council will be held in February to discuss homelessness and includes the need to deal with supportive housing, but also other housing stock that is otherwise affordable. Also, no County employee makes less than $17 per hour, and there are probably less than 50 that make that rate. He does feel that County wages are fair and competitive. As for schoolteachers, the County does fund rental assistance for teachers in targeted schools. It is specifically dedicated to working with the school district to attract teachers and help them with rental subsidies. Hearing no further discussion, Chair Rivenbark thanked Ms. Brantley for the update. NEW HANOVER COUNTY DIVERSITY AND EQUITY ASSESSMENT PRESENTATION Chief Diversity and Equity Officer Linda Thompson provided the following information:  New Hanover County (NHC) Diversity and Equity Assessment Update 2020-2023: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 104  Summary:  The Office of Diversity and Equity (DEI) was established in August of 2020  120 day assessment was completed December of 2020  33 recommendations were made during the assessment from internal roundtable discussions, community engagement activities, and best practice strategies from across the industry  60% of the recommendations have been successfully implemented, while the remaining recommendations were either already in progress or are being addressed by a community partner  American community survey – estimates:  Demographic update:  Growth: In 2022, the population of NHC reached 234,921, marking a 15.6% increase from the 2010 population of 203,295  Diversity:  NHC diversity shift: In 2022, the White demographic made up 77.5% and this percentage has stayed relatively the same  Between 2010 and 2022, the Hispanic/Latino population grew the most, increasing to 6.4%  The Black population had the largest decrease dropping by 2.4%  Several factors are thought to have contributed to the shift among the Black population over the past five years  Displacement of residents during Hurricane Florence in 2018  The impact of COVID-19 in 2020 and 2021  An overall rise in the death rate and a diminishing birth rate  The number of overall deaths among Blacks in New Hanover rose by 7% between 2020 and 2021 while births during that same period declined by 9%  Why do we monitor demographic shifts?  Shifts tell us what is impacting our residents:  Measures health outcomes  Workforce and job forecasts  Poverty rates  Helps to identify gaps in various communities and allows us to map out strategies to fill those gaps  Personnel:  Note: Data collected shows 2023 employee numbers and populations (based on U.S. Census Bureau’s 2022 American Community Survey)  Seven recommendations made focused on recruiting, hiring, in-house leadership as well as succession planning to establishing an employee DEI team  Internal operations: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 105  Distribution of services:  Community engagement:  Additional efforts to enhance diversity and equity:  NHC Equity Awards: Annual awards gala celebrating county residents who have demonstrated excellence in promoting equity in nine areas  NHC Equity and Inclusion Summit: Annual two-day summit to present important information to regional representatives on relevant equity and inclusion topics  New Hanover County Commissioners established the first Hispanic and Latino Commission in the county’s history  In 2022, the department launched the Cape Fear Latino Festival with more than 1,500 in attendance. The festival has grown to more than 3000 attendees.  NHC CONNECT: An after-hours networking event to bring minority professionals together to enhance social inclusion and positive community interactions  Su Condado (Your County): NHC YouTube show dedicated to informing Spanish-speaking residents about their county services and resources  NHC Diversity and Equity 2024 – 2026 special projects:  Internal: New Hanover County Belonging Campaign: NHC is working to ensure that both existing and potential employees have a sense of belonging in the workplace  Environmental:  Well water testing campaign in underserved communities. In 2019, Delaware-based Chemours agreed to a consent order that resulted in a $12 million fine to address harm to private drinking water wells along the coast. The goal is to encourage property owners with wells to have them tested.  Balloon release awareness campaign: Balloon releases can have a devastating impact on the environment and wildlife. Educating residents on the harm it causes to the environment can help to reduce pollution, accidents, and injuries to animals.  Human Rights and resources:  Increase food access in unincorporated areas of the County. The Office of DEI and the Information Technology department have created an equity dashboard that monitors free food access throughout the County and allows the department to bring community partners together to provide resources to communities in need.  LGBTQIA+ inclusion efforts to address employee rights, healthcare needs, and services for youth  UNCW partnership to build a NHC accessibility map that will highlight public spaces throughout NHC with enhanced ADA services, language access, free Wi-Fi, family restrooms and more. Launch date Fall of 2024  NC hate crime data for New Hanover County 2020 – 2023:  This information is captured by the North Carolina Human Relations Commission, Civil Rights Division through complaints, media and or information gathered from online sources which is then verified by the State’s Human Relations Commission  Victims of hate crime/hate bias incidents:  From 2020-2021, there were no known victims of hate crime/hate bias incidents reported by the NC Human Relations Commission  Hate bias incidents:  There was a total of four hate bias incidents reported by the Human Relations Commission from 2022-2023  While the County does not investigate discrimination and Fair Housing complaints, DEI staff work with local, state, and federal resources to help residents navigate the complaint processes or find options to resolving their conflicts. For complaint assistance, email diversity@nhcgov.com A brief discussion ensued about the presentation and the Board thanked Ms. Thompson for sharing the information and for her team’s work. The Board acknowledged that DEI encompasses many different things. Ms. Thompson, in response to questions, confirmed that her team is comprised of 4.5 staff members (one position is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 106 casual part-time). She confirmed that the information on slide 7 reflects 2023 statistics and she will provide the Board with a comparison from 2020 as well as the employee statistics for male, female, and diversity. As to retaining African American principals and teachers, work needs to continue to keep competing and offering incentives to bring people here. It is done for many occupations where there is a desire and need to recruit a more diverse applicant pool. The work needs to continue to find what will attract diverse communities to this area. Hearing no further discussion, Chair Rivenbark thanked Ms. Thompson for the update. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Commission on African American History, Heritage, and Culture Chair Rivenbark reported a vacancy exists on the New Hanover County Commission on African American History, Heritage, and Culture in the Education category, with one application available for consideration. Commissioner Zapple nominated Van Dempsey for appointment in the Education category. 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 Van Dempsey in the Education category to the New Hanover County Commission on African American History, Heritage, and Culture to fill an unexpired term, with the term to expire August 31, 2025. Appointment to the New Hanover County Commission for Women Chair Rivenbark reported that a vacancy exists on the New Hanover County Commission for Women with sixteen applications available for consideration. Commissioner Scalise nominated Hayley Jensen 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: The Board voted UNANIMOUSLY to appoint Hayley Jensen to the New Hanover County Commission for Women to fill an unexpired term, with the term to expire May 31, 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 Zapple nominated Becky O’Daniell 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 Becky O’Daniell to the New Hanover County Nursing Home Community Advisory Committee for an initial one-year term, with term to expire January 31, 2025. Appointment to the Southeastern Economic Development Commission Chair Rivenbark reported that a vacancy exists on the Southeastern Economic Development Commission in the Executive Committee Member category with two applications available for consideration. Commissioner Scalise nominated James Branton for appointment. Vice-Chair Pierce seconded the nomination. Commissioner Zapple nominated W. Randall Johnson for appointment. Commissioner Barfield seconded the nomination, Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: Upon vote, the Board voted in the majority to appoint James Branton to the Southeastern Economic Development Commission in the Executive Committee Member category to fill an unexpired term, with the term to expire April 30, 2024. Chair Rivenbark, Vice-Chair Pierce, and Commissioner Scalise voted in favor. Appointment to The Healing Place of New Hanover County, Inc. Board of Directors Chair Rivenbark reported that a vacancy exists on The Healing Place of New Hanover County, Inc. Board of Directors with two applications eligible for appointment. Commissioner Zapple nominated Takeema Young for appointment. Vice-Chair Pierce seconded the nomination. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 107 Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Takeema Young to The Healing Place of New Hanover County, Inc. Board of Directors to fill an unexpired term, with term to expire April 30, 2024. Appointment to the Wilmington Regional Film Commission Chair Rivenbark reported that a vacancy exists on the Wilmington Regional Film Commission with one application available for consideration. Commissioner Scalise nominated Hank Miller for reappointment. Vice-Chair Pierce 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 reappoint Hank Miller to the Wilmington Regional Film Commission for a three-year term, with term to expire January 31, 2027. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that no one signed up to speak under public comment. ADDITIONAL AGENDA ITEMS OF BUSINESS Approval of Letter to the North Carolina Department of Insurance Commissioner Opposing the North Carolina Rate Bureau’s Proposed Increases for Homeowners Insurance Rates. The Board held a brief discussion about the immense impact the proposed increases will have on the community and expressed its support in sending the letter. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to approve the Letter to the North Carolina Department of Insurance Commissioner Opposing the North Carolina Rate Bureau’s Proposed Increases for Homeowners Insurance Rates as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the letter is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 2.2. Consideration and Adoption of a Resolution Opposing the Imposition of Tolls to Fund the Replacement of the Cape Fear Memorial Bridge. Commissioner Barfield provided an overview of the longstanding community debate about replacing the Cape Fear Memorial Bridge (CFMB), which recently shifted towards the idea of implementing tolls. He has been serving on the Wilmington Metropolitan Planning Organization (WMPO) for 15 years, longer than the current tenure of the NCDOT Division 3 Engineer. He noted the debate on tolling existing roads is strongly opposed by the community. While he understands the desire to provide as many options as possible to the state to receive funding, it is a measure he believes would be unprecedented in state history. The CFMB is a primary connection from Brunswick County. A toll will potentially create a financial burden on individuals such as teachers, first responders, and those in the tourism and local business sectors. He does not understand the fairness of tolling a bridge that taxpayers have already funded and feels there should be equity in how the State Transportation Improvement Program (STIP) decisions are made. When traveling to Wake, Mecklenburg, Guilford, and Forsyth counties, there are road projects after road projects. He believes the equity formula is flawed at best, and it needs to be revamped. He equates the toll to a tax, and the CFMB is a state asset on which the state is spending $7 million now to fix and make repairs. It is the state’s responsibility to find funding to replace it and not tax the citizens. With the recent property tax rate reductions approved by the Board, he has concerns about the major economic impact instituting a toll will have on the communities. The City passed a resolution, along with the Town of Leland, and possibly the Town of Navassa, over the past week opposing a toll. He explained that he asked the county manager to obtain a copy of the City’s resolution which was unanimously adopted. He feels this issue transcends politics and is about people’s financial well-being and lives. He then read the proposed resolution into the record and made a motion to adopt the resolution as presented. Commissioner Zapple seconded the motion. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the resolution opposing the imposition of tolls to fund the replacement of the Cape Fear Memorial Bridge as presented. Chair Rivenbark opened the floor to Board discussion. Commissioner Scalise expressed his opposition of a future imposition of a toll to replace the CFMB, a stance he believes is shared by all the County Commissioners. He believes it is important for the resolution to clearly and accurately state to the public what will transpire at the WMPO meeting on January 31, 2024 during its vote on the matter. He does not want anything removed but is requesting additional language from the WMPO - Technical Coordinating Committee (TCC) resolution be included in proposed resolution, which he emailed to the Board this morning and a hard copy has also been provided, as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 108  WHEREAS, the proposed submission of the Cape Fear Memorial Bridge as a toll option would be for scoring purposes only and would not commit the project to being programmed and delivered as a toll facility; and  WHEREAS, future affirmation by the WMPO Board would be required for the replacement of the Cape Fear Memorial Bridge to be implemented as a toll facility and, further the WMPO Board can withdraw any approval of a toll option up until the Department advertises for a contract to construct the replacement bridge; and  Add the word “future” in the next three provisions to the word “imposition” after the above-referenced paragraphs. He reiterated that he does not want anything removed from the proposed resolution, just the additional language added to it. The language not only provides clarity that the Board is in alignment with the WMPO’s TCC approved resolution language but provides clarity on the actual situation, dispelling the fear mongering in the community. st Regardless of the outcome of the January 31 WMPO vote, there will not be a toll imposed at the end of this month. Anyone who states otherwise is not telling the truth. The current process is essentially about fulfilling requirements to potentially secure federal and state funding for the bridge, without ever having the imposition of a toll. He stated he will not support such a measure and does not want a toll. For a toll to be implemented, there would be a required separate vote, and the WMPO members would be able to withdraw any approval if they felt a toll was being forced on the community. He urged WMPO members to oppose any future toll proposals, but in the meantime, to seek alternative funding solutions for this essential infrastructure from federal and state sources. He stated it is a false narrative that local legislators do not have the ability to bring funding back to this community. He asked County Manager Coudriet to report how much state funding the County received in the last budget cycle. County Manager Coudriet responded that there was $30 million appropriated over two fiscal years for the renovations of the Cape Fear Community College, and the full costs of design and renovation of the Robin Hood crisis stabilization center of approximately $7 million, and then more than $30 million for the extension of water and sewer into the northern third of New Hanover County. Commissioner Scalise believes the state funding is proof of the local legislative delegation’s ability to obtain funding for the County and believes they will secure bridge funding. It is the obligation of everyone to work together to solve the issue, work to find all funding sources available, and for the federal and state governments to find the funding to make this a reality. There is an opportunity for the CFMB to never be tolled and to seek funding for its replacement, and he desires the resolution to reflect as such. He reiterated that he does not support a toll but does support obtaining funding where it can be found to pay for the bridge. He asked Commissioner Barfield if he is willing to allow the additional language to his motion and if not, he would make a substitute motion to issue the resolution to include it. Commissioner Barfield declined to accept the additional language be added to the resolution, noting that the WMPO’s TCC only makes recommendations, does not vote at the WMPO meetings, and the WMPO is only an advisory board to NCDOT. He recalled during the last WMPO meeting hearing that state legislation prohibits NCDOT from imposing tolls on existing roads. He expressed concerns about the rationale behind considering tolls as an option to improve the project score if there are elected officials against it. It sends mixed messages to the public about the project’s funding strategy. He expressed appreciation to the local legislative delegation for obtaining funds for various projects but stressed the importance of bringing back more because it is what is needed in the community. He reiterated being against the proposed additional language being included in the resolution. Commissioner Zapple expressed his agreement with Commissioner Barfield’s comments. While he understands and believes Commissioner Scalise does not want a toll, taxes are what is being discussed. He feels the resolution as presented clearly states it and the proposed additional language muddies what the Board is trying to state. He supports the resolution as presented. Commissioner Scalise stated that he would like to enter a substitute motion to include the proposed additional language in the resolution. Substitute Motion: Commissioner Scalise MOVED to adopt the resolution opposing the imposition of tolls to fund the replacement of the Cape Fear Memorial Bridge with the inclusion of the following additional language:  WHEREAS, the proposed submission of the Cape Fear Memorial Bridge as a toll option would be for scoring purposes only and would not commit the project to being programmed and delivered as a toll facility; and  WHEREAS, future affirmation by the WMPO Board would be required for the replacement of the Cape Fear Memorial Bridge to be implemented as a toll facility and, further the WMPO Board can withdraw any approval of a toll option up until the Department advertises for a contract to construct the replacement bridge; and  Add the word “future” in the next three provisions to the word “imposition” after the above-referenced paragraphs. Chair Rivenbark stated that he does not want a toll and suggested offering NCDOT Division 3 Engineer Chad Kimes the opportunity to speak. Commissioner Barfield interjected stating that typically on agenda items, unless the matter is a public hearing, the public is not allowed to speak. There is a need to ensure proper protocol is followed. Otherwise, a precedent will be set for people to expect to be able to speak on non-public hearing matters. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 109 Vice-Chair Pierce stated she has heard all say they do not want the toll. She noted her service on the WMPO during her tenure as the Town of Carolina Beach mayor and adamantly opposed the toll against a former county commissioner. The toll did not move forward at that time. She still holds the same stance and is hearing the same from the Board. However, the Board is splitting hairs on how the resolution is worded. NC Senator Michael Lee stated during a radio interview his opposition to a toll as a source of funding. She does not think the monetary responsibility should be on the backs of the County or the City of Wilmington. She is opposed to any tax increase to fund it or being told to fund it, and the question is where the money comes from. She also expressed concern about the matter not being included in the agenda for public review and comment but rather coming forward as an additional item. The Board is not in agreement on how the resolution reads. If Commissioner Scalise is more comfortable having a unanimous vote with the additional language, she is okay with it but reiterated her concerns about how the matter was brought forward, noting the importance of public engagement. Commissioner Barfield stated that the resolution is being brought forward as an additional item because st the WMPO is going to vote on the matter during its January 31 meeting and the Board will not meet again until February. With Commissioner Scalise’s substitute motion, there will not be a unanimous vote because at least two commissioners will not support additional language to have the toll as an option. He hopes the Board will do the same as the City of Wilmington, Town of Leland, and Town of Navassa by unanimously adopting the original resolution as presented. Discussion ensued about the handling of additional items. Commissioner Scalise noted that the matter could have been included in the agenda before the deadline thereby allowing it to be publicly available prior to the meeting. Regardless, there is Board consensus to oppose the toll, and he requests the additional language be included which is directly from the WMPO. Commissioner Barfield disagreed, stating that the proposed language is from the TCC, not yet approved by the WMPO, and that the TCC members are appointed by the WMPO Board and other elected officials, making it a fully separate committee from the WMPO. Commissioner Scalise stated the additional language is fair and correct, has not been contested, and called for a vote on the substitute motion. County Manager Coudriet noted the matter was not on the agenda because it was not brought to his attention until after publication. However, even if it were on the agenda, public comments would not be permitted based on the Board’s Rules of Procedures (ROP) unless the Board directed a public hearing on the matter. He further noted that the original resolution was sent to the Board via email on Wednesday, January 17, 2024. Commissioner Zapple commented that he received the proposed additional language this morning and reads it to clearly leave the door open to a toll being imposed. He reiterated support for the original resolution and opposed the inclusion of the additional language. Regarding funding for a new bridge, it is a matter of fairness as areas west of I-95 receive billions of NCDOT dollars for highway projects. This region has not received its fair share of NCDOT funds, and he believes pressure needs to be applied to federal and state legislators to obtain the funding. The community has already paid for the bridge, and the original resolution explicitly states opposition to having a toll tax as an option. He noted the trend of dynamic tolling, which varies tolls during peak traffic times. He reiterated his opposition to the additional language as he feels it leaves open the possibility of a toll tax and stated support for the original resolution. Commissioner Scalise reiterated his call for a vote on the substitute motion. Vice-Chair Pierce noted that it is clear the full Board does not support a toll and expressed concerns that two County Commissioners provided the information without placing it on the agenda for the public to see it prior to the meeting to allow them the opportunity to contact the County Commissioners to speak on it. She does not recommend matters be brought forward as additional items in the future as it is not fair to the citizens and does not allow the Board to get input or answers to the questions from the experts. However, in this instance she is fine to vote on the matter and wants the public to know the Board opposes a toll. County Manager Coudriet expressed his understanding of her concerns and reiterated that it would require the Board to implement a change to its ROP as it currently allows for additional items. Further discussion ensued about the matter. Chair Rivenbark stated that he does not support a toll and discussion about how to obtain a new bridge has been discussed for 20 years. There will not be a new bridge unless there is a shift in the discussion, and the toll needs to be included as an option to score higher to for federal funds. He reiterated his opposition to a toll. Vice-Chair Pierce agreed and acknowledged what has been done to date is not working and the Board needs to move forward. Commissioner Zapple reiterated opposition to a toll and that the proposed additional language leaves the option open. He believes NCDOT and the state delegation need to be held responsible and pay for it, not the citizens. Vice-Chair Pierce reiterated her concerns about the matter being an additional item and not allowing time to question and receive input but reads the additional language as not committing the project to be programmed and delivered as a toll. Commissioner Scalise stated that the Board has reiterated its stance multiple times, and he feels it is time to call the vote. Chair Rivenbark called for Board direction on the substitute motion on the floor. Substitute Motion: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to adopt the resolution opposing the imposition of tolls to fund the replacement of the Cape Fear Memorial Bridge with the inclusion of the following additional language:  WHEREAS, the proposed submission of the Cape Fear Memorial Bridge as a toll option would be for scoring purposes only and would not commit the project to being programmed and delivered as a toll facility; and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 110  WHEREAS, future affirmation by the WMPO Board would be required for the replacement of the Cape Fear Memorial Bridge to be implemented as a toll facility and, further the WMPO Board can withdraw any approval of a toll option up until the Department advertises for a contract to construct the replacement bridge; and  Add the word “future” in the next three provisions to the word “imposition” after the above-referenced paragraphs. Upon vote, the MOTION PASSED 3 TO 2, Commissioners Barfield and Zapple dissenting. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 2.3. Discussion of Temporarily Suspending Charging Hourly Parking Fees in County Lot during the Cape Fear Memorial Bridge Repair Project. Commissioner Scalise proposed the Board consider suspending hourly parking fees in County- operated downtown parking lots for the upcoming five to six months during the CFMB repair project as it will disrupt traffic flow and access to jobs, healthcare, and businesses. The Board should take the initiative to do so by unanimously agreeing to temporarily suspend hourly parking charges to facilitate easier access for those shopping and working downtown. He also urged the City to implement similar measures in city-managed parking spaces to make it a collective effort to ease downtown access. It is going to be a challenging period ahead and he sees this as an opportunity for government to positively influence the situation. He requested the Board to direct the staff to implement those procedures moving forward as soon as the bridge construction gets underway and asked for discussion on this matter. Chair Rivenbark opened the floor to Board discussion. Commissioner Zapple stated that his concern extends beyond the parking issues and expressed support for the implementation of a third shift for the CFMB repair project. He believes the Board should fully support and encourage the NCDOT and the Division 3 office to utilize the third shift to speed up the repair process from the 16 hour daily schedule. The round-the-clock process could possibly cut the project duration by a third or more with the elimination of time lost to starting and stopping daily work. He sees significant value in this approach and hopes the Board can support such a measure. Regarding the temporary suspension of charging hourly parking fees, he expressed interest but wants to know the impacts to the County’s budget. Commissioner Scalise asked Chief Financial Officer Eric Credle to report on the budget impact of his request. Mr. Credle, in response to questions, confirmed that the County generates approximately $24,000 a month in hourly parking fees from its downtown sites. If the bridge repair work takes four to six months, the loss revenue is approximately $100,000 to $150,000. Commissioner Scalise expressed support in assisting NCDOT in the work that it is doing, but the County is not conducting nor is it responsible for the bridge repair work. The work is the responsibility of NCDOT to manage. The County holds sole responsibility for setting hourly parking fees in the downtown area and the Board can immediately instruct staff to improve accessibility to downtown for work, visits, and patronage, particularly considering the impending bridge repairs. The bridge repairs could result in potential negative impacts on downtown businesses, and free parking could mitigate deterrents to downtown visits during the repair period. He reiterated that he hopes the City will adopt similar measures, noting the positive impact a collective commitment would provide the downtown community, its businesses, residents, and workers while the bridge work is underway. This request is distinct from previous discussions and presented an opportunity for the Board to demonstrate leadership in addressing the needs of County citizens and the downtown community during this time. Mr. Credle, in response to questions, stated that the numbers being discussed are for hourly parking only fees received from the monthly parking passes and the hotel leases are not part of the $24,000. He understood the question from Commissioner Scalise to be only about the hourly parking. Commissioner Scalise confirmed that he is not offering or suggesting that the County abate the contractual arrangements that are in place and his desire is to make hourly parking available to people who travel downtown and park in the County facility. Commissioner Scalise stated that unless there is further discussion, he would ask for a second to his motion and for the Board to vote and direct staff to work on it. County Manager Coudriet, in response to questions, stated that he does not have any comments and confirmed that he asked Mr. Credle to quickly make the calculations and it is approximately $125,000. He confirmed that there is a precedent of the County suspending collection, but only for a brief period during the Wells Fargo tournament, when parking was downtown, and the shuttle services left from downtown if leaving from the County. It was for a period of four or five days through the tournament’s duration that the County did not collect on the hourly rate. Discussion ensued about the proposal. Chair Rivenbark expressed concerns about the people visiting downtown and taking advantage of the suspension. Commissioner Scalise acknowledged that there are any number of possible variables and his objective in making the motion is to assist the downtown businesses and people. Commissioner Barfield expressed support for the idea but has concerns about the numbers. His concerns are the impact of it on next year’s budget as sales tax is coming in a bit lower than projected, the Board approving a tax reduction this past year, and possibly wanting to do the same this year. He wants to know how the budget will be made to work when money is suddenly cut from it. With sales tax numbers being as tight as he has ever seen, he does not feel the County can afford to miss it all. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 111 Discussion ensued about how the matter was brought forward to the Board. Commissioner Zapple expressed concerns with a pattern of issues coming at the last second for the Board’s consideration. He feels there needs to be full staff consideration and an opportunity to hear other points of view. While an innovative idea, he wants to understand the full ramifications. The Board should be able to give full consideration of any proposals brought forward and he hopes there is not a trend of issues being raised at the last second as additional items. Commissioner Scalise expressed his understanding of the concerns and asked County Manager Coudriet and Mr. Credle if either see any obstacles that make the proposal insurmountable or if any further information needs to be gathered to provide to the Board. County Manager Coudriet responded that he is not aware of any questions the Board may ask today that staff could not answer here. He does not know how accurate the $125,000 of lost revenue is as it was a calculation that was done as the discussion started. Staff are here to take direction from the Board. Chair Rivenbark expressed his desire to have this matter brought back to the Board during its February 5, 2024 regular meeting for further discussion and to ensure the Board feels it has received all the necessary information. Commissioner Scalise expressed his desire to move forward and would like for his motion to stand. If it does not receive a second, he respects that but wants recordation of the motion and that no second was received. Motion: Commissioner Scalise MOVED to approve the Board to direct staff to implement the necessary procedures as soon as the Cape Fear Memorial Bridge project is underway to temporarily suspend charging hourly parking fees in the county-owned parking lots for the period of five or six months. THE MOTION FAILED FOR THE LACK OF A SECOND. Vice Chair Pierce expressed her agreement with the proposal but wants the opportunity to investigate it further. While a great idea during January and February, she agrees with Chair Rivenbark that the Board needs more information. Commissioner Zapple asked Chief Facilities Officer Sara Warmuth to include an analysis of the effect the proposal would have on operations that are being managed by her department. Discussion of Adopting a Resolution Regarding the Planned Closure of the Career Readiness Academy at Mosley School and the Potential Formation of a Newcomer School. Commissioner Scalise commented that he did not bring forward the matters of the letter to the Insurance Commissioner and the WMPO resolution but that he does support both. However, he would like the Board to consider another resolution that he feels is particularly important. During the recent joint meeting with the New Hanover County Board of Education (BOE), he initiated discussion with the school superintendent regarding the closure of the Mosley School as this Board seemed to have concerns about the closures as does the BOE. He knows the community is gravely concerned about the Career Readiness Academy at Mosley School being closed after opportunities were recently extended to students to graduate them. The school superintendent acknowledged that one solution was if the academy is closed, the possibility of opening a newcomer school. Such an action directly impacts the County as the Board sets the budget for the school and is directly involved in land rezonings related to housing in this community and installing infrastructure. He has thought of the impacts of a newcomer school being put into a county like New Hanover. He stated that a newcomer school is not really a school in the traditional sense; it is more akin to a migrant resettlement or assimilation facility. He cited the example of Guilford County, where the establishment of such a school as reported in an October 11, 2023 W-UNC article, “…that Guilford County has subsequently experienced a rapid influx of immigration and become a hub for refugee resettlement…”. Due to its popularity, a second newcomer school just opened in the county. He expressed concerns about closing a successful school that meets the critical needs of students not currently served elsewhere within the school system and possibly replacing it with a newcomer school. He stated that the Board controls the financial support for matters like this, and urged the Board to adopt a resolution during this meeting that clearly states that it is going to support keeping Mosley School open for the students that are there now and opposes bringing a newcomer school into New Hanover County. Commissioner Zapple stated that while it was an important piece of the joint meeting discussion, it was only one part. He believes Commissioner Scalise’s comments state that the proposal was put forward to close the facility, which is not the case. The County has an important pre-k program at Mosley School that will continue, and the discussion is only about the Career Readiness Academy that is housed at the school. He just wants it to be clear for the public who may not understand the subtlety of Commissioner Scalise’s comments. Commissioner Scalise stated his advocacy for the BOE; however, as this Board controls the purse strings, it should be supportive of keeping the academy open at Mosley School. The academy provides crucial career opportunities for students in need. He urged the Board to commit to keeping the academy open for current students and not support replacing it with a newcomer school. It is important to send a clear message as the budget season approaches that this is not something that should be contemplated by the BOE when it sends the County its proposed budget. The BOE needs to find ways to keep the Mosley School operating so the current students can continue and finish there and he reiterated that it should not be contemplating putting a newcomer school in its place. He believes it is a simple resolution that the Board should make today. Discussion ensued about the matter. Chair Rivenbark stated that the initial reporting on the school closure did not specify only a partial closure, only that the Mosley School was being closed. The current students have been successful, and he does not want to lose the school. Commissioner Zapple noted the ongoing discussions and his desire to see the comprehensive plan for the school from the BOE so the Board can fully understand the full plans as only snippets were discussed during the joint meeting. Chair Rivenbark commented that a formal resolution might compel the school district to provide all the information. Commissioner Zapple noted the ideas expressed by the BOE and his preference to defer any resolution issuance until receipt and review of the detailed information. Commissioner Scalise advocated for the Board to move forward now by telling the BOE to keep Mosley School open NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 22, 2024 REGULAR MEETING PAGE 112 and not place a newcomer school into the facility. Commissioner Zapple expressed concerns that without the information the full impacts are unknown, and one point that was heard is a savings of $1.3 million for the school district that is facing a $10 million shortfall due to its average daily membership (ADM) numbers. He reiterated support for Mosley School and the academy and noted the BOE is its own elected body, and it is necessary for the BOE to provide a well-considered proposal outlining all the potential impacts. Commissioner Scalise drew parallels between this matter and the earlier action taken on the WMPO matter and stated that in this situation due to the Board’s financial controls, it can tell the BOE and school superintendent today what it does and does not want to do. Commissioner Barfield stated he departed the joint meeting for a medical appointment before this part of the discussion and is not familiar with the discussion to make an opinion one way or the other. He acknowledged the Board’s control over funding amounts for the school system but noted there is no control in how it is spent. He prefers to wait for the BOE’s information and recommendation at this point before making any decisions on the funding levels. He reiterated that he does not have enough information or clarity on the discussion to cast a vote either way. Chair Rivenbark agreed that the Board cannot tell the BOE what to do with the money. Commissioner Scalise stated that the Board can make any resolution it wants. If a resolution is not going to be made, he wants the record to reflect that he made a motion to support Mosley being kept open and to oppose newcomer schools. Motion: Commissioner Scalise MOVED to adopt a resolution reflecting the Board’s support for the Mosley School to remain open and that it opposes bringing a newcomer school into New Hanover County. THE MOTION FAILED FOR THE LACK OF A SECOND. A brief discussion ensued about having the hourly parking fee temporary suspension and the Mosley School matters on the February 5, 2024 agenda. Commissioner Scalise stated his desire for both matters to be on the agenda and to be prepared to discuss them at the February 1, 2024 agenda review meeting. Commissioner Zapple expressed agreement to have the hourly parking fee temporary suspension on the agenda but not the Mosley School matter. He reiterated the need for more information from the school district on the Mosley School matter prior to considering a resolution. Commissioner Scalise reiterated his desire for both to be on the agenda and to be prepared to discuss them at the next agenda review meeting. Vice-Chair Pierce stated she is willing to discuss the matters at agenda review and supports the continuation of Mosley School. She believes the school is graduating successful students who become successful citizens in the community, but it is also important to know the associated costs. She reiterated her desire to allow the citizens to have input and it should be on the agenda when the Board is going to discuss it to allow for that opportunity prior to the Board’s voting on a matter. County Manager Coudriet reiterated that the Board would have to adopt a change in its ROP to allow citizen input as the ROP currently does not allow public comment on items that are calendared on the agenda, except for items that require public hearings based on state law. Unless the ROP is changed, the Board would technically be out of order to take public comment on something the Board is hearing in debate. Without a rule change staff could not calendar something to have public comment unless state law requires it to have a public hearing. Vice-Chair Pierce responded that she understands and appreciates his comments but does not like additional items. If the matter had been on the agenda, the citizens would have had an opportunity to contact the Board in advance by phone or email to share their thoughts. In further discussion, County Manager Coudriet sought confirmation on placing the temporary suspension of charging hourly parking deck fees and the Mosley School on the February 5, 2024 agenda, allowing for Board discussion at agenda review and receiving public feedback before the meeting. Vice-Chair Pierce and Commissioner Scalise stated support for the plan. County Manager Coudriet, in response to questions, clarified that public comments would not be permitted during agenda review, but including matters on the agenda allows for advance public visibility and feedback. Items not on the agenda that would be addressed at an agenda review where staff would get instruction whether to bring it forward or not, would not be published on the agenda prior to the discussion. He noted that he does not want to create an unintentional conflict for the Board. Vice-Chair Pierce added to the response that she is referencing that for matters on the published agenda, the public sees it as the Board and County being transparent and allows for public engagement. She does not like items being brought forward as additional items as it does not provide the public with the opportunity to contact the Board by email, phone, etc. prior to the Board meeting. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 11:23 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.