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2024-05-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 220 ASSEMBLY The New Hanover County Board of Commissioners met on May 20, 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 Dane Scalise; and Commissioner Rob Zapple. Members absent: Commissioner Jonathan Barfield, Jr. Staff present: County Manager Chris Coudriet; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Imam Abdul Rahman Shareef, Tauheed Islamic Center of Wilmington, provided the invocation and Vice- Chair Pierce led the audience in the Pledge of Allegiance to the Flag. Chair Rivenbark stated that Commissioner Barfield is unable to attend the meeting and therefore, the Board members present need to excuse him from the meeting. He asked for a motion and a second to excuse Commissioner Barfield from the May 20, 2024 meeting. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to excuse Commissioner Barfield from the May 20, 2024 meeting. Upon vote, the MOTION PASSED 4 TO 0. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the items on the Consent Agenda as presented. Upon vote, the MOTION PASSED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the April 17, 2024 Special Meeting, the April 22, 2024 Special Meeting, and the May 6, 2024 Regular Meeting. Approval of New Hanover County Schools Board of Education Budget Amendment – Budget The Board approved the reallocation of funds from the Bellamy Elementary School mobile project and the Ashley High School painting project. The Bellamy project has been completed, with $120,000 remaining in the budget. The Ashley High School painting project can be deferred, which will free up $80,000. The total reallocation is $200,000. Adoption of Resolution Declaring Intent for the County to Reimburse Itself for Expenditures Associated with Projects to be Financed Later in Calendar Year 2024 – Finance The Board adopted the resolution declaring intent for the County to reimburse itself for expenditures associated with the acquisition, construction, and equipping of the Gordon Road Fire Station, Castle Hayne Fire Station, and a new County library branch to be known as the Northchase Library for a principal amount not to exceed $34,700,000 for the three projects. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.1. Approval of Contract Award for Phase 2 Sitework for a New Vice and Detectives Facility to CM Mitchell Construction Company – Facilities Management The Board approved the award of the construction contract for Phase 2 site work for the new Vice and Detectives Facility to CM Mitchell Construction Company, Inc. in the amount of $1,770,241.84. 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: Sheriff 24-071, 24-072, 24-073, 24-074, and 24-080 Capital Improvement Projects 24-075 and 24-078 Senior Resource Center 24-076 American Rescue Plan (ARP) 24-077 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.2. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 221 Gwendolyn Stahl, Health and Human Services (HHS) – Social Services, retiring with 12 years of service Greg Tucker, Facilities Management, retiring with 29 years of service Jan Kavanaugh, Sheriff’s Office, retiring with 36 years of service Chair Rivenbark presented each retiree with a retirement award, and the Commissioners expressed appreciation and thanked them for their years of dedicated service. County Manager Coudriet then requested the following employees to step forward to receive service awards: Five Years: Nicole Licari, Senior Resource Center Jeannine Viering, Tax Department Tracy Ray, HHS – Social Services Ten Years: Marisa Siervo, HHS - Social Services Amrelle Sargeant, Facilities Management Twenty Years: Tiffany Bickel, HHS – Social Services Stephanie Limoges, HHS Christine Bouffard, Planning and Land Use Holly Royals, HHS - Social Services Wendy Farr, HHS – Public Health Amber Smith, Senior Resource Center Twenty-Five Years: Maisha James, Sheriff’s Office Thirty Years: Nikki Todd, HHS – Public Health Thirty-Five Years: Mark Francolini, Human Resources Jane Elizabeth Topping, HHS - Public Health Chair Rivenbark presented each person with a service award, 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: Kerri Boydman, Building Safety – Permitting Valarie Price, HHS – Social Services Lindsay Brookshire, HHS – Social Services Sharon Wilkinson, HHS – Public Health Jim Chisum, Parks and Gardens The Board welcomed the employees to County Government and wished them success in their new positions. ST CONSIDERATION AND ADOPTION OF 41 ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION Vice-Chair Pierce read the proclamation into the record recognizing May 19 - 25, 2024 as National Travel and Tourism Week in New Hanover County. Wilmington and Beaches Convention and Visitors Bureau CEO Kim Hufham thanked the Board for considering the proclamation noting that approximately 6,700 people in the County are employed through the tourism industry. In 2022, for the first time ever, there was $1 billion in expenditures in the County, reflecting that travel is essential here. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing May 19 - 25, 2024 as “National Travel and Tourism Week” in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.3. CONSIDERATION AND ADOPTION OF MENTAL HEALTH AWARENESS MONTH PROCLAMATION Commissioner Zapple read the proclamation into the record, recognizing May 2024 as Mental Health Awareness Month in New Hanover County. Trey Willis, HHS Public Heath Licensed Clinical Therapist Supervisor, expressed appreciation for the Board’s consideration of the proclamation. He noted that the recognition is part of the nationwide effort to raise awareness of mental health and its impacts on all citizens. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to adopt the proclamation recognizing May 2024 as Mental Health Awareness Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 222 CONSIDERATION AND ADOPTION OF WOMEN’S HEALTH MONTH PROCLAMATION Michelle McGrath, HHS Program Manager, expressed appreciation for the Board’s consideration of the proclamation. She provided a brief overview of the services provided in the Public Health clinics. Chair Rivenbark read the proclamation into the record, recognizing May 2024 as Women’s Health Month in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to adopt the proclamation recognizing May 2024 as Women’s Health Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.5. CONSIDERATION AND APPROVAL OF THE AWARD OF A CONSTRUCTION CONTRACT AND ADOPTION OF BUDGET AMENDMENT 24-079 FOR THE NORTHCHASE LIBRARY PROJECT Senior Facilities Project Coordinator David King stated that the New Hanover County Public Library plans to construct a new 19,941 square foot branch at 4400 Northchase Parkway NE, which will be its fifth location. This new branch will support the objective of providing library services within a five-mile radius to all residents. The facility will include a teen multi-media social room with a gaming area, a children’s story time pavilion, and optimizes the site to take advantage of natural daylight as shown in the rendering and floor plan provided in the agenda packet. On April 3, 2024, a Request for Bids was advertised, and bids were received from six pre-qualified general contractors on May 3, 2024. The lowest bidder is Monteith Construction, with a bid of $9,378,200. The construction cost aligns with the forecast estimate received throughout the design phase. The most recent and previously reported total project budget estimate of $13 million remains unchanged. This budget estimate includes a 1% construction cost, or $95,000 allocation, for public art per the Public Art for Capital Projects Policy and cost for furniture, fixtures, and equipment. Budget amendment 24-079 increases the budget for the Northchase Library by $3,600,000. The revised total budget is $13,000,000, funded with installment loan proceeds. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the award of the construction contract to Monteith Construction in the amount of $9,378,200 and adopt budget amendment 24-079 to increase the Northchase Library Project budget by $3,600,000. Upon vote, the MOTION PASSED 4 TO 0. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 10.6. CONSIDERATION AND APPROVAL OF THE FIRST READING FOR THE NEW HANOVER COUNTY ABANDONED VESSEL ORDINANCE Chief Deputy Jonathan Hart with the New Hanover County Sheriff's Office (NHCSO) stated that the Board is being asked to consider approving the first reading of an ordinance to regulate the removal of abandoned vessels from the waterways in the unincorporated areas of the County. Currently the authority of removing abandoned vessels from the bodies of water in the unincorporated areas of the County rests with the North Carolina Wildlife Resources Commission (NCWRC). The proposed ordinance will allow the NHCSO to take appropriate actions to address abandoned vessels in those areas per North Carolina General Statute 153A-132. The ordinance defines what constitutes an abandoned vessel, outlines procedures for notifying the owner, and, if necessary, removing the vessel. It allows owners to notify the County within 10 days of notice receipt of the plan to address the issue(s) specified in the notice and 30 days to rectify the conditions or remove the vessel. Additionally, the ordinance provides the NHCSO authority to remove or relocate the vessel, with all associated costs of towing, relocation, removal and storage or disposal, and area restoration falling to the owner. Penalties for violating the ordinance include a class 3 misdemeanor with a $100 per day fine for each offense, and civil penalties of $500 per offense. The ordinance will not prevent the NCWRC from continuing to take necessary actions as well. A brief discussion ensued about the proposed ordinance. Commissioner Scalise acknowledged the importance of it as an effort to respond to citizen concerns about abandoned vessels in the waterways. He thanked everyone involved in crafting the document for Board consideration. Chief Deputy Hart, in response to questions, confirmed that citizens can reach out to the NHCSO to file a report with the marine unit. He provided a brief overview of the investigation process. He also confirmed that if adopted after the second reading, the NHCSO will be able to act on reports filed with the department. Vice-Chair Pierce thanked Chief Deputy Hart and the team for bringing the matter forward. She also encouraged discussions be held with the municipalities to encourage them to adopt similar ordinances. Commissioner Zapple also stated his appreciation and requested the county manager contact the municipalities after the second reading of the ordinance about adopting similar language. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple, to approve the ordinance for a second reading and final adoption at the June 17, 2024 meeting. Upon vote, the MOTION PASSED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 223 PRESENTATION OF FISCAL YEAR 2023-2024 FINANCIAL RESULTS THROUGH MARCH 31, 2024 Eric Credle, Chief Financial Officer, presented the Fiscal Year (FY) 2023-2024 third quarter financial results as follows:  Finance report of the third quarter financial summary for FY 2024:  General Fund overview:  Revenue 1% over budget:  Property taxes in line with budget  Sales taxes tracking below budget  Interest revenue higher than budget  Expenditures 3% lower than budget  Other funds in line with expectations  General Fund revenues and expenditures:  General Fund revenues through 3/31/24:  Third quarter of Fiscal Year 2024:  Overview:  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 through January  A great majority of the payments have been made by March 31, 2024  Property taxes total for July through April:  Sales taxes:  Received in the third month following the sale: July through December sales tax receipts are reflected in the results through March 31, 2024  The sales tax line item also includes a supplemental payment from the state: $2.5 million in March 2024 versus $4.1 million in March 2023  Sales taxes total for July through February: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 224  General Fund expenditures:  Debt Service Fund revenues and expenditures:  Environmental Management:  Fire Services:  Stormwater Services: Hearing no further discussion, Chair Rivenbark thanked Mr. Credle for the presentation. APPOINTMENT OF VOTING DELEGATE TO THE NATIONAL ASSOCIATION OF COUNTIES 2024 ANNUAL CONFERENCE Commissioner Scalise nominated Commissioner Zapple for appointment as the voting delegate to the National Association of Counties (NACo) 2024 Annual Conference. Hearing no further nominations, Chair Rivenbark asked for Board direction on the nomination on the floor. Motion: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to appoint Commissioner Zapple as the voting delegate to the NACo 2024 Annual Conference. Upon vote, the MOTION PASSED 4-0. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Commission for Women Chair Rivenbark reported that one vacancy exists on the New Hanover County Commission for Women with fifteen applicants eligible for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 20, 2024 REGULAR MEETING PAGE 225 Commissioner Scalise nominated Harriet Blevins for appointment. Chair Rivenbark seconded the nomination. Commissioner Zapple nominated Naari Honor for appointment. Hearing no further nominations, Chair Rivenbark called for a vote on the nominations on the floor. Vote Results: The Board voted in the majority to appoint Harriet Blevins to the New Hanover County Commission for Women to serve a three-year term, with the term to expire May 31, 2027. Chair Rivenbark, Vice-Chair Pierce, and Commissioner Scalise voted in favor. Appointment to the New Hanover County Nursing Home Community Advisory Committee Chair Rivenbark reported that four vacancies exist on the New Hanover County Nursing Home Community Advisory Committee, with one application eligible for consideration. Commissioner Zapple nominated Phyllis Meole for reappointment. 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 4 TO 0 to reappoint Phyllis Meole to the New Hanover County Nursing Home Community Advisory Committee for a three-year term, with term to expire March 31, 2027. Appointment to the Wilmington-New Hanover Port, Waterway and Beach Commission Chair Rivenbark reported that one vacancy exists on the Wilmington-New Hanover Port, Waterway and Beach Commission in the Shipping category with one application available for consideration. Vice-Chair Pierce nominated Edward Jones for appointment. Commissioner Scalise seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted 4 TO 0 to appoint Edward Jones in the Shipping category to the Wilmington-New Hanover Port, Waterway, and Beach Commission for a three-year term, with the term to expire February 28, 2027. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that one person signed up to speak under public comment and asked the person to step forward to provide remarks. Phyllis Cabrera, resident of Highgrove Place, Wilmington, NC expressed her concerns about how k-12 funding is managed at the state level, how much the County allocates for the local school district, and her desire to see increased funding for public education. ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chair Pierce stated her appreciation for Ms. Cabrera’s comments and stated that the Board feels the same way, but the issue is the need for the County to have a balanced budget. The Board has the same questions about how funding is spent as it is now falling on the County to find the funds for the schools. She emphasizes that the most important thing is the County’s children. Commissioner Zapple commented that the state legislature capped the amount of funds going to the school districts from the education lottery. Funds above the cap are used elsewhere in the state budget, which is part of the issue, and he does not think anyone anticipated the education lottery would be such a success. Commissioner Scalise reported on becoming an uncle for the first time with the birth of his niece, Margot Scalise. He wished her every happiness and good health in her life. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:14 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.