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2024-02-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 132 ASSEMBLY The New Hanover County Board of Commissioners met February 19, 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 Pastor Tim Blevins, Life Church, provided the invocation and Commissioner Scalise 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 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 Board approved the minutes of the February 1, 2024 Agenda Review and the February 5, 2024 Regular Meeting. Approval of Quitclaim Deed to Town of Carolina Beach – County Attorney The Board authorized the county manager to execute a Quitclaim Deed to the Town of Carolina Beach for Tax Parcel R09006-021-001-000, 9 Boardwalk, pursuant to North Carolina General Statute (NCGS) 160A, Article 12, Sale and Deposition of Property, without cash consideration. Adoption of Budget Amendments – Budget The Board adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2024: Library 24-045 and 24-055 Health and Human Services (HHS) – Health 24-046 and 24-047 Planning and Land Use 24-048 and 24-050 Finance 24-049 Sheriff 24-051, 24-052, 24-053, and 24-054 Engineering 24-056 Various 24-057 HHS – Social Services 24-058 and 24-059 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 4.1. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: Beverly Butler, retiring with 27 years of service, Health and Human Services (HHS) Octavia Spicer, retiring with 30 years of service, HHS 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: Jennifer Grim, Sheriff’s Office Ten Years: Erin Sowers, HHS – Social Services Terry Stephens, HHS - Social Services Fifteen Years: Rosanna Zeh, HHS - Social 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 133 Summer Grossman, HHS – Social Services Jordan Pickett, Senior Resource Center Rory Halpin, Emergency Management Adrianne Wheeler, HHS – Public Health Elisabeth Harrell, HHS - Social Services The Board welcomed the employees to County Government and wished them success in their new positions. PRESENTATION OF CAPE FEAR PUBLIC UTILITY AUTHORITY (CFPUA) ANNUAL REPORT FOR 2023 CFPUA Executive Director Ken Waldroup presented the CFPUA 2023 annual report as follows:  Year in Review:  January: water treatment staff completed consolidation of CFPUA’s Sweeney and Richardson water systems into a single system  March: CFPUA filed a lawsuit in Delaware seeking to prevent DuPont, Chemours, and related companies from shielding themselves from financial damage resulting from PFAS contamination.  May: National Association of Clean Water Agencies (NACWA) honored CFPUA with a Gold Recognition in its 2023 Excellence in Management Program  June: CFPUA Board approved a $112.9 million Fiscal Year 2024 budget, including an average residential customer rate increase of 4.6 percent, of $3.19 per month  Summer: CFPUA conducted its first customer satisfaction survey, identifying customer priorities and opportunities for growth  September: CFPUA Board approved a $13.1 million contract for Phase 1 services for the Southside Wastewater Treatment Plant replacement project. Total project costs are estimated at $250 million.  Serving CFPUA customers:  Customer service activity for Fiscal Year (FY) 2023:  Infrastructure conveyed: $24,864,465  Water meters installed: 2,073  Rate affordability: 1.55% of median household income (MHI):  Brunswick County: 1.72%  Fayetteville PWC: 2.02%  Onslow County: 2.16%  Pender County: 3.0%  Excellence in management:  NACWA Excellence in Management Program Gold Recognition ranks CFPUA among the top- performing water agencies in the nation.  The recognition acknowledges a utility has implemented at least seven of the ten attributes of effectively managed water sector utilities laid out in the Effective Utility Management (EUM) primer: product quality, financial viability, customer satisfaction, stakeholder understanding and support, operational optimization, employee leadership and development, enterprise resiliency, infrastructure strategy and performance, community sustainability, and water resource sustainability  Partnerships with New Hanover County:  CFPUA and New Hanover County (NHC) partnering on multiple projects to extend water and sewer services to unserved parts of the community:  Community water stations:  Four locations (three still to be determined); $10,000 per station  Rockhill Road community water connections pilot program:  Project out to bid this month; connections begin in spring 2024  Water connections to properties adjacent to existing CFPUA water mains  Updated County prioritization study  Ongoing water and sewer infrastructure projects in the “last frontier” of northern NHC NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 134  $49.5 million in CFPUA/ARPA grant-funded projects, $6.5 million in additional CFPUA solo-funded projects, $39 million in County-funded projects  Town of Wrightsville Beach consolidation study:  CFPUA and the Town of Wrightsville Beach continue to explore possible utility consolidation  Utility Consolidation Feasibility Study completed by HDR Inc.  Negotiations ongoing between CFPUA and the Town of Wrightsville Beach about potential consolidation:  New infrastructure needs  Replacement and renewal of existing infrastructure  Administrative details  State’s 2023 Appropriations Act:  $17 million to CFPUA for regional consolidation  $8 million to Town of Wrightsville Beach for consolidation  Ongoing PFAS response:  CFPUA remains deeply involved in advocacy at the local, state, and federal levels on the issue of per- and polyfluoroalkyl substances (PFAS) contamination in drinking water.  In 2022, CFPUA brought new granular activated carbon (GAC) filters online at Sweeney Water Treatment Plant:  Designed to remove Chemours’ PFAS from water sourced from the Cape Fear River  Have operated effectively in the first year and provided data needed to develop a long- term filter regeneration schedule  August: CFPUA asked the North Carolina Department of Environmental Quality (NCDEQ) to expand its list of PFAS compounds prioritized for research, based on contaminants still being detected.  Throughout 2023, CFPUA welcomed state and federal regulators, local legislators, members of Congress, and peers from other water utilities to tour its state-of-the-art filter facility.  Capital Improvement Plan:  The Capital Improvement Plan (CIP) is CFPUA’s plan for new construction, improvements to existing infrastructure, and replacement/ rehabilitation of aging infrastructure.  FY 2024 CIP totals $77.4 million  10-Year CIP (through FY 33) totals $648.40 million  86% for aging infrastructure  Major projects:  Southside WWTP replacement  PS 14 rehabilitation  River Road Booster pump station and interconnections  Northern Regional pump station and force main - Phase B  Southside Plant replacement:  Replacement, upgrade, and expansion of the Southside Wastewater Treatment Plant on River Road:  Original plant opened in 1972  Much of the plant’s structure and equipment is reaching the end of its useful life  Total construction costs are estimated at $250 million, making this the largest capital project, by dollar value, in CFPUA’s history.  Capacity will be expanded from 12 million gallons per day (MGD) to 16 MGD.  Contract for Phase 1 construction services awarded September 2023 to Crowder Construction Co. ($13.1 million)  Construction to begin late 2024/early 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 135  Other major projects:  Motts Creek pump station (PS 69) replacement:  What: replacement of the existing pump station to increase its capacity from 1.76 MGD to 4.18 MGD  Project timeline: May 2021 – June 2024  Cost: $9.5 million  Northern Regional Pump Station Phases A and B:  What: Pump Station 155 upgrade, construction of an additional pump station, and installation of multiple sanitary sewer force mains and a water line  Project timeline: November 2023 – April 2026  Cost: Phase A: $16.9 million, Phase B: $32.6 million  Granular activated carbon (GAC) regeneration:  What: regeneration and replacement of GAC media in contactors at the Sweeney Water Treatment Plant  Project timeline: March 2023 – ongoing  First year costs: $3 million  Estimated yearly costs: Up to $5 million  Finances:  Revenues:  Expenditures: The Board expressed appreciation to Mr. Waldroup and the CFPUA staff for their work. Hearing no further discussion, Chair Rivenbark thanked Mr. Waldroup for the presentation. CONSIDERATION AND APPROVAL OF NEW HANOVER COUNTY TO ACT AS THE FISCAL AGENT AND ADMINISTER A GRANT FROM THE NEW HANOVER COMMUNITY ENDOWMENT TO THE NEW HANOVER COUNTY DISTRICT ATTORNEY’S OFFICE AND ADOPTION OF BUDGET AMENDMENT 24-060 District Attorney (DA) for the Sixth Prosecutorial District Ben David presented the request for the County to serve as the pass-thru and fiscal agent for grant funds received from the New Hanover Community Endowment (NHCE) by the New Hanover County DA’s Office to establish a Community Justice Center (CJC). The award was made in December 2023 in the amount of $3,439,066 and the CJC was established as a 501(c)(3) organization on January 30, 2024. The 12,500 square foot facility will be housed at the Harrelson Center situated opposite the judicial building. The CJC’s multidisciplinary team of approximately two dozen professionals will include prosecutors, law enforcement, and direct service providers who will work to solve, prove, and prevent crime; support victims in achieving safety, stability, and self-sufficiency; provide mental health services and rehabilitation to reduce recidivism and improve community safety; and end the generational cycle of violence through early intervention, education, and prevention. The CJC will be open 24 hours a day. A portion of the grant funds will be paid to the North Carolina Administrative Office of the Courts (the “NCAOC”) to fund the salaries of eight DA employees and technology support, and the remainder of the grant will be used to fund the CJC’s operations and fulfill its mission. The grant funds are scheduled to be disbursed over three years. DA David provided a brief overview of the program explaining that there are two primary methods to conclusively prove any case: the collection of physical evidence and witness testimony. Especially in domestic violence cases, his office often deals with reluctant victims and witnesses, who fear reprisal or the prospect of living near the perpetrator post-trial. To combat this, he implemented a police-prosecutor approach, which includes collocating detectives with legal and victim support staff to assist in sensitive cases. The new center will expand these efforts, offering on-site sexual assault nurse examinations, thus eliminating the need for victims to wait at NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 136 hospitals. The aim is to create a one-stop center where victims need to recount their ordeal only once, reducing the number of times a story is retold and consolidating services in one location. The collaborative effort will likely lead to higher conviction rates and provide necessary healing and hope. The center will also offer long-term counseling for post-traumatic stress, benefiting from the Harrelson Center's ecosystem for job creation and support services. Also, the initiative is founded on the 'Three Cs': Constitution, Colocation, and Collaboration. Upholding victims' rights is crucial, particularly for vulnerable children, and the impact will be seen with tangible results in court. DA David confirmed in response to questions, that the program is going to improve things for people who have been victimized by crime in the community as well as providing his office with an improved ability to convict offenders. He explained that the eight new full time employees will be funded for the three years of the program. During this time and after the initial three years, fundraising will continue through various sources, and he believes the program will become indispensable to the justice system. He explained his experiences working with people who have been victims of crime and how he believes the program will help them. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the grant, authorize the execution of the two agreements, and adopt budget amendment 24-060 to receive and expend the grant funds. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 4.2. PRESENTATION OF THE PAGES CREEK WATERSHED RESTORATION PLAN New Hanover Soil and Water Conservation Director Dru Harrison presented the Pages Creek Watershed Restoration Plan:  Pages Creek Watershed Restoration Plan:  Pages Creek water quality: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 137  Restoration plan goals:  Restore water quality in the creek by reducing current impairments  Reduce stormwater runoff  Conduct education and outreach to residents and businesses within the watershed about the plan and how they can make a difference  Install stormwater retrofits and green infostructure to absorb stormwater and help filter pollutants  Green infrastructure opportunities:  Living shorelines  Bioretention  Next steps:  Hold additional community and stakeholder meetings  Research grant opportunities and partner with county departments and community partners on projects  Continue to keep Commissioners informed as the plan progresses Commissioner Zapple expressed appreciation to Ms. Harrison for the work of the Soil and Water Conservation District and spoke on the importance of the Pages Creek Watershed Restoration Plan. Hearing no further discussion, Chair Rivenbark thanked Ms. Harrison for the presentation. CONSIDERATION AND ADOPTION OF THE NEW HANOVER COUNTY LANGUAGE ACCESS PLAN Communications and Outreach Manager Lauren McConville and Diversity and Equity Coordinator Marimer McKenzie presented the Language Access Plan for New Hanover County:  Language Access Plan:  Language access collaborative:  The team:  New Hanover County: Linda Thompson, Chief Diversity and Equity Officer; Marimer McKenzie, Diversity and Equity Coordinator; Monica Rohena, Diversity and Equity Coordinator; Fawn Rhodes, HHS Equity Coordinator; and Lauren McConville, Communications and Outreach Manager  Cape Fear Latinos: Vannia Raya, Co-President; Melvin Felipe, Co-President; and Jean Lozada, Secretary  Title VI of the Civil Rights Act of 1964:  A language access plan also ensures compliance with federal, state, and local laws and regulations  These laws, such as Title VI of the Civil Rights Act of 1964, Section 1557 of the Affordable Care Act, require government entities that receive federal funds to provide language assistance services to individuals with limited English proficiency to avoid national origin discrimination and to provide meaningful access to county resources, essential services, and vital information  Four-factor analysis:  Number of individuals with limited English proficiency (LEP) served or encountered in the eligible service populations  The frequency with which individuals with limited English proficiency encounter the recipient’s program, activity, or service  The nature and importance of the recipient’s program, activity, or service  The resources available to the recipient and costs  Safe Harbor parameters: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 138  Five percent (or 1,000 residents, whichever is less) of the population eligible to be served or likely to be affected or encountered  If there are fewer than 50 people in a language group that reaches the five percent trigger above, the recipient can request oral interpretation of vital documents, free of cost  Assessment:  Departmental assessment  Community engagement  Language data collection:  Strategic Languages: Spanish and ASL  Language Access coordination: Office of Diversity and Equity  Language Access resources: Language line, in-person interpretation, bilingual/multi-lingual staff, translation, and resolving complaints  Impact and benefits: improved communication and understanding, increased trust and engagement, enhanced service delivery, importance of community partnership, commitment to ongoing improvement, and proactive approach to addressing language access barriers Ms. McConville, in response to questions, confirmed that the percentage of the total population is that of the County’s population. Four percent of the Latino population speak little to no English. The Board expressed concerns that the percentage does not clearly reflect the true population of the Latino community. Ms. McConville will follow up with the Board about the percentage information. As to the breakout for Chinese and Mandarin languages, she explained that the respondents identified those languages for themselves. She confirmed that Mandarin is the most common Chinese dialect and noted that U.S. Census data uses both languages as selections for individuals throughout its surveys. Hearing no further discussion, Chair Rivenbark thanked Ms. McConville for the presentation and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to adopt the Language Access Plan as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Presentation of Fiscal Year 2023-2024 Financial Results through December 31, 2023 Eric Credle, Chief Financial Officer, presented the Fiscal Year (FY) 2023-2024 second quarter financial results as follows:  Finance Report of the Second Quarter Financial Summary for FY 2024:  General Fund overview:  Property taxes tracking slightly higher than budget  Sales taxes tracking right at budget  Expenditures in line with budget  Second quarter of FY 2023:  Property tax rate per $100 of assessed value:  FY 2022 = 47.5 cents  FY 2023 = 45.5 cents  FY 2024 = 45.0 cents  Property tax bills mailed in late July:  Payable by citizens without interest until January 5, 2024  Tax receipt peak period is December – January  Property taxes, total for July – January (in millions):  Second quarter of FY 2024  Sales taxes: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 139  Received in the third month following the sale:  July, August, September sales tax receipts were received prior to December 31, 2023 and are included in the accompanying slides  October and November sales taxes were received in January/February 2024  Sales taxes – Total for July through November:  General Fund revenues and expenditures:  General Fund revenues:  General Fund expenditures:  Debt Service Fund revenues and expenditures:  Environmental Management:  Fire Services: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 140  Stormwater Services: Mr. Credle, responding to questions, stated that he thinks the County will end up over budget on the revenue side but not as much as in the prior fiscal years. Over the past couple of years, monies have been put back into the fund balance due to the sales tax variance but this year, some of the appropriated fund balance budgeted will be used. He also thinks that Stormwater Services will end close to what is budgeted. Hearing no further discussion, Chair Rivenbark thanked Mr. Credle for the presentation. COMMITTEE APPOINTMENT Appointment to the New Hanover Juvenile Crime Prevention Council Chair Rivenbark reported that a vacancy exists on the New Hanover County Juvenile Crime Prevention Council in the At-Large category, with two applications available for consideration. Commissioner Barfield nominated Wendy Dale for appointment in the At-Large category. 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 Wendy Dale to the New Hanover County Juvenile Crime Prevention Council in the At-Large category to fill an unexpired term, with the term to expire September 30, 2025. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that three people signed up to speak under public comment and asked them to step forward to provide their remarks. Linda Higgins, resident of Manly Avenue, Wilmington, NC, spoke about the need for increased public school funding, highlighting the $20 million budget shortfall the school district faces in the upcoming fiscal year. She expressed concerns about utilizing virtual classrooms and having hiring freezes as she feels they are unsustainable cost-saving measures. She understands state funding is not coming in and feels local funding must fill the gap. With the County's substantial real estate wealth and revenue per student, she urged the Board to prioritize and address the funding gap to prevent the decline of the school system. Jessica Mairs, resident of Tottenham Court, Wilmington, NC, spoke on the need for the County to fund the school budget. She spoke about the importance of all school employees, including teachers, custodians, counselors, and cafeteria staff, in supporting students, particularly after the pandemic which impacted students' mental health and learning. She feels it is important to have more staff on the ground to provide the necessary attention and care that cannot be achieved through remote interactions. She expressed appreciation for the Board’s budget management and urged for the allocation of surplus funds to support school staff and students. Tim Merrick, resident of Greenville Avenue, Carolina Beach, NC, expressed appreciation and gratitude for the County’s historic support for schools and the Board’s vision to improve inadequate school infrastructure. He acknowledged the state’s refusal to adequately fund public education has resulted in the burden falling to local governments. He asked the Board to advocate to the state legislature for increased funding and appropriate allotments. He feels NC Senator Michael Lee, chair of the Education Committee, bears responsibility for the state’s schools being the lowest funded in the nation. He also asked that the Board engage with the NHCE to obtain a sustainable funding stream as well as increasing the County’s funding for schools beyond previous levels, due to the County’s wealth and the need to prioritize children's education. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 FEBRUARY 19, 2024 REGULAR MEETING PAGE 141 ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield stated that he feels the budget conversations are premature, as the Board has not yet held its own initial budget meeting. Historically, the Board has always supported the public education system and noted the consistent increases in per student funding over the years. He provided a brief historical overview of additional initiatives the County has funded such as the expansion of pre-K classrooms and the provision of $1,500 Christmas bonuses to educational staff, to underscore the Board's commitment to public education. The local teacher supplement was recently increased to the highest in the state and he noted that teacher salaries are set by the state. He highlighted how the County funds over 620 positions beyond what the state's Department of Instruction says a school system with a certain number of students should have for staff allotments in each school district. He thinks the County stands above many others in the region due to these efforts. He also explained how the County allocates resources to the school system but has no jurisdiction over how the funds are spent. As the school board is an elected body it sets policy for the school district as well as how instruction is delivered, online or in-person. Also, the recent emails about school funding inquiries and requests are more appropriately directed towards the school board. He emphasized the need to adhere to the budget process timeline and noted the school district has not submitted its budget funding request. He expressed his commitment to the local public education system, reiterated the importance of following established processes, and restated how the Board is committed to public education. Commissioner Zapple concurred with Commissioner Barfield’s comments and asked County Manager Coudriet to confirm if it was correct that the County funds 788 school positions. County Manager Coudriet confirmed the number is correct. Vice-Chair Pierce acknowledged the emails she has received and concurred with Commissioners’ comments about school funding. The Board will have many discussions about the County’s budget and how it will fund the school system. A brief discussion ensued about the recent departure of the NHCE chief executive officer. With the consensus of the Board, County Manager Coudriet was directed to request that the NHCE representative attend the next meeting to address Board questions and concerns about how the NHCE will move forward. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:42 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.