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HomeMy WebLinkAbout2025-04-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 486 ASSEMBLY The New Hanover County Board of Commissioners met on April 21, 2025, at 9:02 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; Dane Scalise; and Commissioner Rob Zapple. Commissioner Stephanie A.C. Walker arrived at 9:04 a.m. Staff present: County Manager Chris Coudriet; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Student Minister Charquise Smith-Stultz of Cape Fear Christian Church 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. Commissioner Zapple requested Consent Agenda Items #2: Adoption of Budget Amendments, 3 First Reading: Approval of Solid Waste Franchise Agreement for Forever Clean Portable Toilets, Inc., and #4: Adoption of a Resolution to Support the North Carolina Department of Transportation's Request for Contingency Funds to Install a Traffic Signal at the Intersection of Castle Hayne Road and Parmele Road be pulled for further discussion. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the April 3, 2025 Agenda Review and the April 7, 2025 Regular Meeting. Discussion and Adoption of Budget Amendments – Budget Commissioner Zapple thanked the Sheriff’s Office for additional information being included in the department’s budget amendments. The Board adopted the following budget amendments, amending the annual budget ordinance for the fiscal year ending June 30, 2025: Health and Human Services – Health: 25-039 Health and Human Services – Department of Social Services: 25-040 Sheriff's Office: 25-044, 045, 046, and 048 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 8.1. First Reading: Approval of Solid Waste Franchise Agreement for Forever Clean Portable Toilets, Inc. – County Attorney In response to Commissioner Zapple’s questions, Recycling and Solid Waste Director Joe Suleyman confirmed that North Carolina landfills are prohibited from accepting liquid waste and clarified that the company will primarily dispose of construction debris. The Board approved the first reading to authorize the issuance of a solid waste franchise agreement to Forever Clean Portable Toilets, Inc. A second reading is required. Adoption of a Resolution to Support the North Carolina Department of Transportation's Request for Contingency Funds to Install a Traffic Signal at the Intersection of Castle Hayne Road and Parmele Road – Planning and Land Use In response to Commissioner Zapple’s questions, County Manager Coudriet, Chief Facilities Officer Sara Warmuth, and Planning and Land Use Director Rebekah Roth explained that the $150,000 in the fire station’s project budget was anticipated, and it had been part of earlier planning discussions. The County, like private developers, must fund off-site improvements, such as traffic signals or turn lanes necessary for project approval. The team also explained that negotiating off-site improvements is common in development projects. The Board adopted a resolution to support installing a traffic signal at the intersection of Castle Hayne Road and Parmele Road, as recommended by the North Carolina Department of Transportation. New Hanover County will contribute $150,000 to this improvement, for a total estimated project cost of $536,000. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 8.2. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 487 REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employee receiving a retirement award: Dominic Segers, Sheriff’s Office Chair Rivenbark presented the retirement award to Sergeant Segers and the Commissioners expressed appreciation and thanked him for 26 years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Natalie Myers, Tax Department Ten Years: Jonathan “Tyler” Lockamy, Information Technology Fifteen Years: Lisa Wurtzbacher, County Manager’s Office Twenty Years: Samuel Gaston, Facilities Management Chair Rivenbark presented each person with a service award, and the Board expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet then requested the following new employees to stand and be introduced: Michelle Blacquier, Planning and Land Use Sara Farmer, Health and Human Services (HHS) Public Health The Board welcomed the new employees and wished them success in their roles. CONSIDERATION AND APPROVAL OF THE NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL FUNDING RECOMMENDATION FOR FISCAL YEAR 2025-2026 AND 2026-2027 AND BYLAWS The Honorable Judge H. Corpening, II, stated that he serves as the chair of the New Hanover County Juvenile Crime Prevention Council (JCPC) and presented an overview of the JCPC funding plan for the next biennium. The request is that the Board approve the allocation $547,770 in each of the next two fiscal years, 2025-2026 and 2026- 2027, as follows:  JCPC Administration: $9,900  Youth Empowerment Services (Psychological Assessments, Counseling, and Community Service programs): $406,345  Coastal Horizons (Systematic Training for Effective Parenting \[STEP\]): $39,180  Communities in Schools (Teen Court and Mediation programs): $92,345 Judge Corpening stated that the recommendations align with the JCPC funding priorities, including Psychological Assessments, Counseling, Community Services and Restitution, Teen Court, Supervision Issues, Substance Use Disorders, and Skill Building. These are state dollars that JCPC administers locally to meet the needs of the young people in this community. In response to questions, he explained that local in-kind funding is typically for facilities. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker, to approve the Fiscal Year 2025-2026 and 2026-2027 Juvenile Crime Prevention Council’s funding recommendations. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND ADOPTION OF 42ND ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION Vice-Chair Pierce read the proclamation into the record recognizing May 4–10, 2025, as “National Travel and Tourism Week” in New Hanover County. Kim Hufham, CEO of Wilmington and Beaches Convention and Visitors Bureau, expressed appreciation to the Board for considering the proclamation. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing May 4–10, 2025, as “National Travel and Tourism 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 XLVI, Page 8.3. CONSIDERATION AND ADOPTION OF CHILD ABUSE PREVENTION MONTH PROCLAMATION Commissioner Zapple read the proclamation into the record recognizing April 2025 as “Child Abuse Prevention Month” in New Hanover County. All citizens, organizations, and community leaders are encouraged to support efforts that raise awareness, strengthen families, and help prevent child abuse. Amy Feath, Executive Director of Carousel Child Advocacy Center, expressed appreciation to the Board for considering the proclamation. th She noted that this year is the 25 anniversary of the organization being in operation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 488 With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to adopt the proclamation recognizing April 2025 as “Child Abuse Prevention 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 XLVI, Page 8.4. CONSIDERATION AND ADOPTION OF SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION Chair Rivenbark read the proclamation into the record recognizing April 2025 as “Sexual Assault Awareness Month” in New Hanover County. Coastal Horizons Rape Crisis Center Director Chelsea Croom stated her appreciation for the Board’s consideration of the proclamation. She added that April 2025 marks the twenty-fourth anniversary of Sexual Assault Awareness Month, with this year's theme being "Together We Act, United We Change." With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to adopt the proclamation recognizing April 2025 as Sexual Assault Awareness 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 XLVI, Page 8.5 CONSIDERATION AND ADOPTION OF A RESOLUTION FOR NEW HANOVER COUNTY TO SPONSOR USS BATTLESHIP NORTH CAROLINA’S APPLICATION FOR NORTH CAROLINA DIVISION OF WATER QUALITY WATER RESOURCES GRANT PROGRAM Soil and Water Conservation District Director Dru Harrison and USS Battleship North Carolina Development Director Terry Demeo provided an overview of the request. The sponsorship is being sought based on a recommendation from the NC Division of Water Quality and Resources, as only local governments are eligible to apply for the grant funds. A brief discussion ensued about the request. Ms. Demeo confirmed that while the County will function as the local sponsor, the memorandum of understanding (MOU) can assign most of the project management and financial responsibilities to the Battleship. The Battleship has already obtained all necessary permits and secured the required non-federal match, ensuring no financial burden to the County. She further explained that the construction is actively managed, with Atlantic Coast Industrial under contract, and the $1.2 million constituting an extension. The NC Department of Water Resources has already allocated the federal funds. She also highlighted the project’s visibility, noting a recent PBS feature and emphasizing the Battleship's commitment to serving as a model for addressing tidal flooding. She acknowledged the project’s success in mitigating flooding, restoring wetland function, and continuing collaboration with County staff on conservation efforts for adjacent land. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt a resolution for New Hanover County to sponsor USS NC Battleship North Carolina’s application for the NC Division of Water Quality Grant Program and approve all required and provided documentation to support the Living with Water Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 8.6 ANIMAL WELFARE REPORT OUT AND APPROVAL OF FIRST READING: AMENDMENT TO ANIMAL CONTROL ORDINANCE AND FEE SCHEDULE Chief Strategy Officer Jennifer Rigby reported on multiple requests from concerned citizens to explore options to improve animal welfare in the County. In response, the Office of Strategy facilitated a meeting between the citizens and representatives from Planning and Land Use, the Sheriff’s Office, and the Legal Department to better understand the issues and identify potential solutions. While many of the concerns involved the regulation of commercial activity, outside the County’s authority, several actionable items were identified, including breeder requirements, spay/neuter promotion, responsible pet ownership, and fee adjustments. Deputy County Attorney Karen Richards presented the ordinance amendments, noting the updates were necessary as the County’s animal ordinances had not been revised since 2012 or since the Animal Services Unit was transferred from the Health Department to the Sheriff’s Office. Outdated provisions specific to the Health Department, including those of the advisory committee, were removed. Definitions were clarified to align with federal and state animal welfare statutes, resolving prior confusion between terms such as kennel, breeder, commercial breeder, and hobby breeder. She noted that in North Carolina there is no definition of “puppy mill.” Also, the revision includes aligning enforcement provisions for dangerous dogs/potentially dangerous dogs more closely with state law to support clearer application and litigation. These proposed changes aim to improve clarity and enforcement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 489 A brief discussion ensued about the matter and the limitations of local authority in addressing the concerns brought forward by citizens. In response to questions, Ms. Richards stated that although some proposed state legislation had failed to pass, relevant language was incorporated into the County’s ordinance revisions where appropriate. She confirmed that the Office of Strategy and Legal Department visited the business that prompted public concern, reviewed all relevant documentation, and found it in compliance with federal and state regulations. The business is licensed by the North Carolina Department of Agriculture and sources animals from out of state under federal oversight. No violations of County ordinances or evidence of animal neglect were identified. She also confirmed the business owners were cooperative and transparent, proactively inviting County staff to review operations. In response to questions, Major Chris Smith confirmed that prior complaints received by the Sheriff’s Office regarding animal cruelty at the same business were investigated and found to be unfounded. It was determined that the business is operating within the confines of the County ordinance and current state law. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker to approve the first reading of the amendment to the animal control ordinance and fee schedule and to approve this matter for a second reading to be considered for final adoption during the May 5, 2025 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND ADOPTION OF RESOLUTION APPROVING THE ISSUANCE OF NOT TO EXCEED $22,000,000 INSTALLMENT FINANCING OF CAPITAL PROJECTS Chair Rivenbark stated that on April 7, 2025, the Board of County Commissioners adopted a Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures from Proceeds Thereof, and Providing for Certain Other Related Matters Thereto. The Board determined that it is in the best interest of the County to finance (a) construction of and improvements to various park facilities, including, but not limited to, improvements to Northern Regional Park, and Smith Creek Park, and redesign and replacement of Trails End Pier; (b) improvements to various community college facilities; (c) acquisition of a replacement fire engine and other fire rescue equipment; (d) improvements to the County’s landfill facilities and equipment; and (e) other miscellaneous capital outlay, including, but not limited to, the acquisition of various County vehicles and a new jail door system. The Board must now conduct a public hearing concerning the Installment Financing Contract and the proposed 2025 Projects, and any other transactions contemplated therein and associated therewith. Chair Rivenbark stated that each speaker will be allowed three (3) minutes to speak and requested Board direction to open the public hearing. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to open the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Rivenbark reported that no one from the public signed up to speak on the matter and asked Chief Financial Officer Eric Credle to make the presentation. Mr. Credle presented the following information regarding the 2025 Limited Obligation Bonds (LOBs):  2025 Limited Obligation Bonds (LOBs):  Project summary:  Timeline:  April 7: Board adopts preliminary findings resolution  April 21: Board adopts approving resolution and public hearing to be held  May 6: Submit LGC application  Week of June 3: Receive bond ratings from S&P and Moody’s  June 12: Sale of bonds  June 26: Bond sale closing, proceeds received A brief discussion ensued about the matter. In response to questions, Mr. Credle explained that bond proceeds are received in a lump sum and held in a bank account to earn interest, currently around 4%, until spent. Regarding the County’s overall debt impact, he noted that a $33 million borrowing for fire stations and the Northchase Library occurred in the fall, and the current $22 million issuance would bring the total borrowing for the year to approximately $55 million. He further clarified that the County’s total debt capacity is estimated at $550 million, with approximately $432 million currently outstanding. The new bond issuance would reduce available borrowing capacity, but it remains within manageable limits. With no further discussion, Chair Rivenbark requested a motion to close the public hearing. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. With no further discussion, Chair Rivenbark requested Board direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 490 MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to adopt the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Approving an Installment Financing Contract and Delivery Thereof and Providing for Certain Other Related Matters. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 8.7. COMMITTEE APPOINTMENTS Appointment to the Cape Fear Public Utility Authority Chair Rivenbark reported that one vacancy exists on the Cape Fear Public Utility Authority, and five applications are available for consideration. Commissioner Scalise nominated Hank Miller for appointment. Vice-Chair Pierce seconded the nomination. Commissioner Zapple nominated Janice Gaines for appointment. Commissioner Walker seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: A majority of the Board voted to appoint Hank Miller to the Cape Fear Public Utility Authority, with the unexpired term expiring June 30, 2025. Chair Rivenbark, Vice-Chair Pierce, and Commissioner Scalise voted in favor. Appointment to the New Hanover County Commission for Women Chair Rivenbark reported that one vacancy exists on the New Hanover County Commission for Women, and six applications are available for consideration. Commissioner Zapple nominated Emily Mitchell for appointment. Commissioner Walker 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 Emily Mitchell to the New Hanover County Commission for Women, with the unexpired term expiring May 31, 2027. Appointments to the New Hanover County Hispanic/Latino Commission Chair Rivenbark reported that three vacancies exist on the New Hanover County Hispanic/Latino Commission. Five applications have been received and are available for consideration. Commissioner Zapple nominated Janeth Howard and Maria del Carmen Rodriguez for reappointment. Commissioner Walker seconded the nominations. Commissioner Zapple nominated Whiyie Sane for appointment. Commissioner Walker nominated Rafael Toro for appointment. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Janeth Howard and Maria del Carmen Rodriguez to the New Hanover County Hispanic/Latino Commission with terms to expire April 30, 2028. Vote Results: A majority of the Board voted to appoint Rafael Toro to the New Hanover County Hispanic/Latino Commission with a term to expire April 30, 2028. Chair Rivenbark, Vice-Chair Pierce, Commissioner Scalise, and Commissioner Walker voted in favor. Appointment to the New Hanover County Nursing Home Community Advisory Committee Chair Rivenbark reported that one vacancy exists on the New Hanover County Nursing Home Community Advisory Committee. One application has been received and is available for consideration. Commissioner Zapple nominated Marianne Eisenhauer-Wall 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: The Board voted UNANIMOUSLY to reappoint Marianne Eisenhauer-Wall to a three-year term expiring April 30. 2028. Appointment to the Southeastern Economic Development Commission Chair Rivenbark reported that one vacancy exists on the Southeastern Economic Development Commission, with two applications available for consideration. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 21, 2025 REGULAR MEETING PAGE 491 Commissioner Scalise nominated Shamonique Brantley 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: Upon vote, the Board voted UNANIMOUSLY to appoint Shamonique Brantley, with the term expiring April 30, 2029. Appointment to The Healing Place of New Hanover County, Inc. Board of Directors Chair Rivenbark reported that one vacancy exists on The Healing Place of New Hanover County, Inc. Board of Directors. One application is eligible for reappointment, and two are available for consideration. Commissioner Zapple nominated Louise Coggins for reappointment. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark called for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Louise Coggins to The Healing Place of New Hanover County, Inc. Board of Directors, with the term to expire April 30, 2028. PUBLIC COMMENTS Chair Rivenbark stated that four (4) people signed up to speak under public comment and asked that the speakers provide comments. Heather Miller, a resident of Tyler Place, Wilmington, NC, commented on Fire Captain Steve Hunt’s 15 years of service with the County. She spoke about his professional conduct and acts of public service. Simon Dart, resident of Red Cross Street, Wilmington, NC, representing Arrive Transport, a medical transport company based in the County, commented on what he sees as the need for increased access to stretcher transportation services. He expressed concern over limited provider options, rising costs, and the impact on elderly, disabled, and low-income residents. He asked for the Board’s support in allowing the company to provide services and stressed the importance of improving access for those in need. Patricia Lawler, resident of Walnut Street, Wilmington, NC, stated she is the chair of the New Hanover County Library Advisory Board and thanked the Board for its continued support of public libraries, including funding for the new Northchase Library branch. She encouraged consideration of additional funding for library programs and services during upcoming budget discussions, emphasizing that libraries serve as valuable educational resources for residents of all ages. She reported how library staff assist with early literacy, homework support, career exploration, and lifelong learning, and that as the County grows, demand for these services increases. Tom Brimberry, resident of Rondo Place, Wilmington, NC, stated he is the president of the New Hanover County Friends of the Library and expressed appreciation for its continued support of County libraries. He highlighted the organization's longstanding role in advocating for the library system since its founding in 1976. He also commented on the library’s role in serving residents of all ages and backgrounds. He recognized the County’s investment in expanding library facilities, including branches at Northeast, Pleasure Island, Pine Valley, and the upcoming Northchase and downtown libraries. On behalf of the Friends of the Library, he thanked the Board for its commitment to enhancing the community's quality of life through library services and programming. ADDITIONAL AGENDA ITEMS OF BUSINESS County Manager Coudriet reminded the Board of the 1:30 p.m. budget work session. Vice-Chair Pierce stated that public comment is intended as an opportunity for the public to bring matters to the Board’s attention, rather than a time for back-and-forth discussion. She thanked the speakers and emphasized that, while the Board does not typically respond during public comment, Commissioners listen and take all input into consideration. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:23 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.