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2024-05-06 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY 6, 2024 REGULAR MEETING BOOK 36 PAGE 205 ASSEMBLY The New Hanover County Board of Commissioners met May 6, 2024, at 4:00 p.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 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 Reverend David Haley, Associate Pastor, Wrightsville United Methodist Church, provided the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Commissioner Zapple asked for discussion on Consent Item #2: Approval of Reallocation of Capital Fund Expenditures for New Hanover County Schools. CONSENT AGENDA Approval of Minutes — Governing Body The Board approved the minutes of the April 11, 2024 Budget Work Session and Agenda Review and the April 15, 2024 Regular Meeting. Discussion and Approval of Reallocation of Capital Fund Expenditures for New Hanover County Schools — Finance New Hanover County Schools (NHCS) Assistant Superintendent of Operations Eddie Anderson and Facility Planning and Construction Director Leanne Lawrence responded to questions confirming that the upgrades were discussed during a recent Legion Stadium Commission meeting and the budget transfer is for $215,000. The transfer will be from the Hoggard Softball Title IX improvement project to the New Hanover High School (NHHS) Softball Title IX improvement project. Bids for NHHS were higher than estimated, and Hoggard's bids were lower. This transfer will cover the additional cost of the NHHS project. Hearing no further discussion, Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF RESOLUTION OF SUPPORT FOR THE WILMINGTON ROAD RUNNERS CLUB DESIGNATION APPLICATION Vice -Chair Pierce read the resolution into the record endorsing the application for national recognition as a Road Runners Club of America Runner Friendly Community. Wilmington Road Runners Club (WRRC) Board of Directors Member Marie Conner thanked the Board for considering the resolution endorsing the club's application for national recognition as a Road Runners Club of America Runner Friendly Community. The resolution emphasizes the County's and WRRC's commitment to healthy living, supported by its expansive green spaces and an active running community, significantly influenced by the WRRC since its inception in 1977. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the resolution as presented. 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 9.1. CONSIDERATION AND ADOPTION OF SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION Lauren Gish with The Rape Crisis Center of Coastal Horizons Center stated her appreciation for the Board's consideration of the proclamation. She added that April 2024 marks the twenty-third anniversary of Sexual Assault Awareness Month, with this year's theme being "Building Connected Communities." Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to adopt the proclamation recognizing May 2024 as Sexual Assault Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 6, 2024 REGULAR MEETING PAGE 206 A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 9.2. CONSIDERATION AND ADOPTION OF OLDER AMERICANS MONTH PROCLAMATION Senior Resource Center Director Amber Smith expressed appreciation to the Board for considering the proclamation. She reported on this year's theme, "Powered by Connection," which emphasizes the significant influence of social interactions on the health and well-being of older adults, a concept supported by the U.S. Surgeon General's Advisory on the Healing Effects of Social Connection and Community. Commissioner Zapple read the proclamation into the record, recognizing May 2024 as Older Americans Month in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice -Chair Pierce to adopt the proclamation recognizing May 2024 as Older Americans Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 9.3. CONSIDERATION AND ADOPTION OF SAFE BOATING WEEK PROCLAMATION Otis J. White, District Commander for the U.S. Power Squadron, thanked the Board for considering the proclamation. He stated that "Safe Boating Week" marks the start of a campaign promoting the use of life jackets and safer boating practices along North Carolina's 5,000 miles of shoreline. The proclamation aligns with the National Safe Boating Council's efforts to enhance safety among the County's 361,000 registered boaters. It aims to increase awareness of the importance of wearing U.S. Coast Guard -approved life jackets to prevent drownings and promote safety on local waterways. Commissioner Barfield read the proclamation into the record, recognizing May 18-24, 2024, as "Safe Boating Week" in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to adopt the proclamation recognizing May 18-24, 2024, as "Safe Boating Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 9.4. CONSIDERATION AND ADOPTION OF CLERKS TO THE BOARDS OF COUNTY COMMISSIONERS WEEK PROCLAMATION Melissa Long, Deputy Clerk and NC Association of County Clerks to the Boards of County Commissioners President, thanked the Board for considering the proclamation which recognizes clerks across North Carolina for their work in service to county commissioners and to their communities. In 1969, the International Institute of Municipal Clerks instituted the first municipal clerks week, which is now in its 551" year. The North Carolina Association of County Clerks utilizes this week to highlight the specific work of county clerks. Chair Rivenbark read the proclamation into the record, recognizing May 5-11, 2024, as "Clerks to the Boards of County Commissioners Week" in New Hanover County. The Board expressed appreciation to Clerk to the Board Crowell and Ms. Long and congratulated Ms. Long for serving as the NC Association of County Clerks to the Boards of County Commissioners President. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing May 5-11, 2024, as "Clerks to the Boards of County Commissioners Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 9.5. PUBLIC COMMENTS ON NON -AGENDA ITEMS Chair Rivenbark stated that six people signed up to speak under public comment and asked them to step forward to provide their remarks. Matt Collogan, resident of Arlington Drive, Wilmington, NC and New Hanover County Soil and Water Conservation District Board of Supervisors Vice -Chair spoke about the need for the proposed sustainability manager position which has been submitted as a budget enhancement for the next fiscal year. He provided a brief overview of the position description and noted which counties in the state have included the position in their organizations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 6, 2024 REGULAR MEETING PAGE 207 Marci Staten, resident of East Brandywine Circle, Wilmington, NC and representing New Hanover for All, shared her concerns about the educational funding shortfalls of the school district. While commending the school district's strategic plan, she noted that supporting the school district is a nonpartisan issue. She urged the Board to fully fund the school district. Lisa Espy, resident of Virginia Avenue, Wilmington, NC, and New Hanover Association of Educators Vice - President, provided a brief overview of the organization's purpose and recent activities. She highlighted the struggles that students experienced during the pandemic. She acknowledged that it is not a fair expectation of the Board to provide millions of dollars in funding each year to deal with the school district's shortfall. However, the petition she is presenting to the Board requests a short term fix of $10 to $12 million to save all levels of staffing for the upcoming school year. She also encouraged the Board to speak directly with school staff members. Jacqui Dalessio, resident of Ulloa Place, Wilmington, NC, New Hanover Association of Educators President, and a New Hanover for All member, stated that she is a special education teacher and shared her concerns about the proposed reduction in the school district support staff. Her school's special education department is expected to decrease from six paraeducators to three next year. She urged the Board to consider a funding increase of at least $12 million to preserve critical staff roles and support student needs. Sandy Eyles, resident of Gerome Place, Wilmington, NC, spoke on the need for the Board to allocate enough funding to provide for the 200+ staff positions proposed to be cut by the school district. The community expectation is to have experienced teachers, structurally sound school buildings, safe playgrounds, small class sizes, and all resources necessary to provide children with an exceptional education. Mamie Collins, resident of Stephens Church Road, Wilmington, NC and representing the Kirkland community thanked the Board for recommending the application to obtain grant funds to install a water station. However, she explained that the community continues to need water and there are dry wells. The community is 60% seniors, and the pipes continue to fail. She asked the Board for further assistance to address the ongoing issues. ADDITIONAL AGENDA ITEMS OF BUSINESS Protests on County Property. County Manager Coudriet stated that Assistant County Manager Lisa Wurtzbacher will provide a briefing to the Board regarding the parameters for accommodating, managing, and ensuring compliance with assemblies or protests inside and outside of County facilities based on the County's existing rules, ordinances, and policies. Ms. Wurtzbacher reported that there have been several protests nationally, statewide, and locally. Additionally, there have been protests on County property at the government center and the Pine Valley Library. Staff have pulled together all the guidelines and guardrails regarding protesting on County property. While the desire is to honor and protect an individual's first amendment rights, particularly the freedom of speech and the right to assemble, there is a need to balance the fact that the County is a unit of local government and must continue to do the public's business. While every scenario cannot be anticipated, staff feels the guidelines will provide a strong framework. The various County facilities operate for different purposes, which dictates what is allowed on those properties. She provided a brief overview of the various facilities and uses, noting that all were considered when developing the guidelines. Specific to County buildings, the recommendation is that protests cannot disrupt County business or disrupt the intended purpose of the County building. If inside a County building, a patron or visitor must be using the building for that intended purpose, and active and organized protesting that disrupts others or the functions of County business should not occur. Protests are allowed outside of County buildings, such as sidewalks or lawns, provided they are not impeding any entrances, or intended use by customers. No excessive noise will be allowed as defined by the County noise ordinance, no threats or language that incite a riot would be permitted, and for safety reasons, no protesting would be allowed in parking lots. In looking at park facilities, somewhat similar in the guidance, protests cannot impede public use of a park. Impeding public use would include blocking or utilizing courts or fields for protesting rather than their intended use, blocking roads, sidewalks, etc. Also, protesting will be prohibited in park parking lots and will only be allowed during the officially noted and posted park hours, so no activities could occur outside of normal park hours, including any overnight camping. Tents will be allowed on park properties but cannot impede the intended uses of the park or interfere with preapproved special events taking place. All tents are to be removed from a County park once the park closes. Any protest that meets the definition of a special or major event by Parks and Gardens policy will have to abide by those rules, and no excessive noise as defined by the County ordinance and/or the Parks and Recreation ordinances will be allowed. Lastly, protesters will not be permitted to convey threats to individuals or other groups using language to incite a riot. The plan is to place all the guidelines in an administrative memo and there is no particular action needed from the Board. A brief discussion ensued about the overview. Ms. Wurtzbacher explained in response to questions about the new Board of Elections building, the guidelines note the areas outside of the County building, but not the parking lot. The front lawn outside of the government center is a space available for those who want to protest. Not being able to do so in the parking lot is from a safety perspective. County Manager Coudriet noted that there are rules around electioneering that dictate how close someone can be to voters. Whether it is to protest or assemble for group purposes, the rules are going to be consistent and applied. The guidelines are based on the facility and its intended use. No one can enter the Board of Elections building or the government center for the purpose of assembling or protesting. There are spaces outside the facilities to accommodate those instances. Ms. Wurtzbacher explained in response to questions that permits for special and major events are dictated by the number of people. Over 100 but less than 1,000 people is considered a special event while over 1,000 people is considered a major event. The permits for those events are specific to parks, not County facilities. Ms. Wurtzbacher further confirmed NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY 6, 2024 REGULAR MEETING BOOK 36 PAGE 208 in response to questions that the public has the right to freedom of speech, protest, assembly, and disagreement with Board actions and this is not intended to prevent constitutionally protected activities. This is to be transparent about what is and is not protected behaviors so that government operations can continue while avoiding violence, as the County does not want people hurt in connection with a protest. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:10 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.