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Agenda 2022 03-21NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson-Boseman, Chair I Deb Hays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board MARCH 21, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Pastor Gayle Tabor, Church on Tap) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 3. Approval to Transfer Title of Vehicle to Novant Health 4. Award of Contract to Audit the County's Financial Statements to Cherry Bekaert LLP 5. Adoption of National Nutrition Month Proclamation 6. Approval of January 2022 Tax Collection Reports 7. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 8. Consideration of North Carolina Azalea Festival Season Proclamation 10 9. Presentation of Service Awards and Introduction of New Employees 10 10. Consideration of Funding for Wilmington Multi -modal Transportation Center Phase 1B 10 11. Consideration of a Sales Tax Referendum 10 12. Consideration of Resolution Authorizing the Negotiation of an Amendment to an Installment Financing Contract Directing the Publication of Notice with Respect Thereto, Declaring the I ntent of the County to Reimburse Itself for Capital Expenditures From Proceeds Thereof, and Providing for Certain Other Related Matters Thereto 10 13. Update on American Rescue Plan Framework 20 14. Public Hearing Text Amendment Request (TA22-01) - Request by New Hanover County to Modify Articles 2, 3, 4, and 5 of the Unified Development Ordinance to Update Board of Commissioners - March 21, 2022 Permissions and Standards for Wireless Telecommunications Facilities and to Perform Technical Fixes to Various Ordinance Provisions 5 15. Committee Appointments PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 16. Adoption of a Resolution Requesting Funding of a 10-Mile Parallel Line for the Lower Cape Fear Water and Sewer Authority 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney ESTIMATED MINUTES CLOSED SESSION AGENDA ITEMS OF BUSINESS 18. Closed Session to Consider Personnel Matter Pursuant to NCGS 143-318.11(a) (6) 19. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - March 21, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review held on February 17, 2022 Closed Session held on February 17, 2022 Regular Meeting held on February 21, 2022 Special Meeting held on February 24, 2022 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess SU BJ ECT: Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 BRIEF SUMMARY: In an email dated February 2, 2022, staff shared with the board the intent to bring forward a proposed amendment to Chapter 38 that will impact all county -owned and leased properties. This includes the county -owned property that is fronted by Third, Grace, and Chestnut Streets, which has become a place of respite for our homeless population. The county's goal regarding our homeless population at this location is to be accommodating and flexible as long as the area is maintained properly and there are not any disturbance issues. In spite of the good work by many, including WDI with the addition of someone to work with the homeless population in the downtown area to coordinate needed services, and several county departments, we are experiencing significant issues of concern. In addition to several alleged assaults, multiple instances of disruptions in the library, and using outdoor areas as restroom facilities, the property has become a place for overnight sleeping and storing and/or disposing of personal items. Although we are sympathetic to the needs of the homeless, we also have the responsibility to ensure that the property is safe, maintained properly, and is an attraction to those who visit or live downtown. Although the county and our partners will continue to work with the homeless community to address their needs and the issues with the property, the county is limited in its ability to require compliance when these efforts fail. Therefore, county staff would like to propose that the attached ordinance be adopted. The key points of the ordinance are as follows: • Sleeping on county property will be prohibited from 10:00 p.m. to 7:00 a.m. • Items left unattended for more than 2 hours are subject to disposal. • This ordinance will apply to all county owned and leased properties. • This ordinance does not apply to emergency management sheltering events, county employees in the performance of their job duties, and partially the general public within a county facility for the purpose of transacting business. • Exceptions to this ordinance can be made by the county manager or their designee. This ordinance will aid the county in keeping its properties safe, properly maintained, and attractive should other efforts fail. If this ordinance is adopted, community outreach will take place to ensure potentially impacted parties are aware of the ordinance and can comply before involvement of any law enforcement. Because this item is the adoption of an ordinance without a public hearing, it is required that the approval be by unanimous vote in order to forgo a second reading and approval. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - March 21, 2022 ITEM: 2 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed ordinance amendment. ATTACHMENTS: Proposed Amendment to New Hanover County Code Chapter 38 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: The board removed the $50 penalty from the ordinance and instructed staff to begin work with the city to identify and secure a downtown location to shelter the homeless. The ordinance was approved 4-1, Commissioner Barfield dissenting. Board of Commissioners - March 21, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 38 The Board of County Commissioners of New Hanover County, herby ordains and enacts that New Hanover County Code, Chapter 38, Offenses and Miscellaneous Provisions, Article II, Offense Against Property, be amended with the following new ordinance: Sec. 38-34. — Certain Prohibited Action on County Property Unless otherwise expressly authorized by public signage or written permission of the County Manager or their designee, it shall be unlawful for any person to do any of the following on or within any property owned by or leased to the County: (a) Occupy, camp, sleep, or place, erect or utilize any tents, cooking equipment or bedding between the hours of 10:00 PM and 7:00 AM or such other times as prohibited by signage, rule, policy, regulation, or law; and (b) Leave unattended at anytime for a duration of more than two (2) hours any personal effects, including but not limited to, clothing, foods, bedding or eating equipment. Personal effects deemed by County to constitute a health or security risk may be removed immediately; and (c) Subsections (a) and (b) of this section do not apply to emergency management sheltering events and county employees in the performance of their job duties; and (d) Subsection (b) of this section does not apply to the general public present within a county facility for the purpose of transacting business. Sec. 38-35. — Penalties (a) Any person convicted of violating Sec. 38-34(a) shall incur a fine of $50.00; and (b) Any person violating Sec. 38-34(a) may be subject to removal by law enforcement off the premises as a trespasser and be subject to those criminal sanctions set forth in Chapter 14 of the North Carolina General Statutes; and (c) Any personal effects left unattended pursuant to Sec. 38-34(b) may be deemed abandoned and forfeited to the County for disposal at its election. ADOPTED this the day of 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Emergency Management PRESENTER(S): Steven Still, Emergency Management Director CONTACT(S): Steven Still SU BJ ECT: Approval to Transfer Title of Vehicle to Novant Health BRIEF SUMMARY: New Hanover County Emergency Management wishes to transfer ownership of a grant purchased 2004 Ford F350 vehicle to Novant Health. Over 15 years ago New Hanover County (NHC) purchased two trucks with a North Carolina grant. One truck went to city and county fire for use in USAR (Urban Search and Rescue) and another went to New Hanover Regional EMS. Both trucks remain titled to NHC but operation and maintenance remained with the operating entity. Now that New Hanover Regional EMS is now Novant, their operating policies require the vehicle to be titled and insured by them. Since the purchase was over 15 years prior there is no restriction in transferring title. Use and management of the vehicle has remained with EMS, therefore, New Hanover County Emergency Management wishes to transfer to Novant Health. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve transfer of vehicle title to Novant Health. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Award of Contract to Audit the County's Financial Statements to Cherry Bekaert LLP BRIEF SUMMARY: The county's financial statements have been audited by Cherry Bekaert LLP for the past seven years. The county solicited proposals from qualified firms of certified public accountants to audit the county's financial statements for the fiscal year ending June 30, 2022, with the option of auditing for each of the four subsequent fiscal years. This was done in accordance with the county's purchasing policy. The county received one response, which was from Cherry Bekaert LLP. Cherry Bekaert LLP has experience and expertise in governmental accounting, specifically governmental experience in North Carolina with jurisdictions of similar size and financial characteristics. The firm also has experience with federal and state assistance programs. The proposal was evaluated for proposed staffing, audit hours, sampling techniques, analytical procedures, and the firm's audit plans for electronic data processing functions. Past performance was also taken into consideration. Based on this evaluation staff recommends awarding the contract to Cherry Bekaert LLP. The audit fee for the fiscal year ending June 30, 2022, will be $113,750. The audit fee includes seven major programs. If there are more than seven major programs, a surcharge per program will be $4,000-$5,000. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the board award the audit services contract to Cherry Bekaert LLP for the fiscal year 2021-2022 with the option to renew the contract for each of the following four fiscal years based upon satisfactory performance each year. ATTACHMENTS: Audit Resolution Audit Contract LGC Contract Board of Commissioners - March 21, 2022 ITEM: 4 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption of the resolution to award the contract. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT TO AUDIT COUNTY FINANCIAL STATEMENTS WHEREAS, staff solicited proposals from qualified certified public accountants to audit the county's financial statements for the fiscal year ending June 20, 2022, with the option of renewing the contract for each of the following four fiscal years based on satisfactory performance each year; and WHEREAS, a proposal was received from Cherry Bekaert LLP; and WHEREAS, after evaluating the proposal using a two-step process recommended by the Local Government Commissioner (LGC), staff recommends Cherry Bekaert LLP for award of contract. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the contract to audit the financial statements for the county for fiscal year 2021-2022 is awarded to Cherry Bekaert LLP with the option to renew the contract for each of the following four fiscal years based upon satisfactory performance each year. ADOPTED this the 2111 day of March, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 4 - 1 - 1 0% Cherry Bekaert`{p No CPAs & Advisors March 11, 2022 VIA EMAIL: Wurtzbacher@nhcgov.com Ms. Lisa Wurtzbacher New Hanover County, North Carolina 230 Government Center Drive, Suite 165 Wilmington, North Carolina 28403 Dear Ms. Wurtzbacher: This engagement letter between New Hanover County, North Carolina (hereafter referred to as the "County" or "you" or "your" or "management") and Cherry Bekaert LLP (the "Firm" or "Cherry Bekaert" or "we" or "us" or "our") sets forth the nature and scope of the services we will provide, the County's required involvement and assistance in support of our services, the related fee arrangements, and other Terms and Conditions, which are attached hereto and incorporated by reference, designed to facilitate the performance of our professional services and to achieve the mutually agreed -upon objectives of the County. Summary of services We will provide the following services to the County as of and for the year ended June 30, 2022: Audit and attestation services We will audit the basic financial statements of the County as of and for the year ended June 30, 2022 including the governmental activities, the business type activities, the aggregate discretely presented component units, each major fund and the remaining fund information, including the disclosures. We will not audit the New Hanover County ABC Board, and The Airlie Gardens Foundation, Inc. Those financial statements will be audited by other auditors whose reports will be furnished to us, and our opinion, insofar as it relates to the information included for these component units, will be based solely on the reports of the other auditors. We will refer to the component auditor in our audit opinion. 2. We will audit the schedule of expenditures of federal and State awards. As part of our engagement, we will apply certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards; the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in Title 2 U.S. Code of Federal Regulations (CFR) Part 200 ("Uniform Guidance"); and the State Single Audit Implementation Act. Board of Commissioners - March 21, 2022 cbh.corn ITEM: 4 - 2 - 1 New Hanover County, North Carolina March 11, 2022 Page 2 3. We will audit the supplementary information which includes the combining and individual fund statements and schedules. As part of our engagement, we will apply certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. 4. We will apply limited procedures to the required supplementary information (e.g., pension plan information or County's management's discussion and analysis (MD&A)), which will consist of inquiries of County's management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the financial statements. Nonattest accounting and other services We will provide the following additional services: 1. Complete the appropriate sections of and sign the Data Collection Form. Your expectations Our services plan, which includes our audit plan, is designed to provide a foundation for an effective, efficient, and quality -focused approach to accomplish the engagement objectives and meet or exceed the County's expectations. Our services plan will be reviewed with you periodically and will serve as a benchmark against which you will be able to measure our performance. Any additional services that you may request, and that we agree to provide, will be the subject of separate written arrangements. The County recognizes that our professional standards require that we be independent from the County in our audit of the County's financial statements and our accompanying report in order to ensure that our objectivity and professional skepticism have not been compromised. As a result, we cannot enter into a fiduciary relationship with the County and the County should not expect that we will act only with due regard to the County's interest in the performance of this audit, and the County should not impose on us special confidence that we will conduct this audit with only the County's interest in mind. Because of our obligation to be independent of the County, no fiduciary relationship will be created by this engagement or audit of the County's financial statements. The engagement will be led by April Adams, who will be responsible for assuring the overall quality, value, and timeliness of the services provided to you. Audit and attestation services Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the provisions of Uniform Guidance; the Single Audit Act Amendments of 1996; State Single Audit Implementation Act and OMB Guidance for Grants and Agreements (2 CFR 200) and the State Single Audit Implementation Act. The objective of our audit is to obtain reasonable assurance about whether the County's basic financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor's report that includes our opinion(s) about whether the County's basic financial statements are presented Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 2 New Hanover County, North Carolina March 11, 2022 Page 3 fairly, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the Summary of Services section when considered in relation to the basic financial statements taken as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements in conformity with the basis of accounting noted above. The objective also includes reporting on: Internal control over financial reporting and compliance with the provisions of applicable laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance") and the State Single Audit Implementation Act. Auditor's responsibilities for the audit of the financial statements We will conduct our audit in accordance with GAAS and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of accounting records, a determination of major programs in accordance with Uniform Guidance and the State Single Audit Implementation Act, and other procedures as deemed necessary to enable us to express such an opinion or opinions about whether the financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America ("GAAP"). We will also: • Exercise professional judgment and maintain professional skepticism throughout the audit. Obtain an understanding of the County and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risk, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion(s). The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 3 New Hanover County, North Carolina March 11, 2022 Page 4 • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstance, but not for the purpose of expressing an opinion on the effectiveness of the County's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. • Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the County's ability to continue as a going concern for a reasonable period of time. Nonattest accounting and other services In connection with any of the audit, accounting, or other services noted below, we will provide a copy of all schedules or other support for you to maintain as part of your books and records supporting your basic financial statements. You agree to take responsibility for all documents provided by Cherry Bekaert and will retain copies based on your needs and document retention policies. By providing these documents to you, you confirm that Cherry Bekaert is not responsible for hosting your records or maintaining custody of your records or data and that Cherry Bekaert is not providing business continuity or disaster recovery services. You confirm you are responsible for maintaining internal controls over your books and records including business continuity and disaster recovery alternatives. In addition, any documents provided to Cherry Bekaert by the County in connection with these services will be considered to be copies and will not be retained by Cherry Bekaert after completion of the accounting and other services. You are expected to retain anything you upload to a Cherry Bekaert portal and are responsible for downloading and retaining anything we upload in a timely manner. Portals are only meant as a method of transferring data, are not intended for the storage of client information, and may be deleted at any time. You are expected to maintain control over your accounting systems to include the licensing of applications and the hosting of said applications and data. We do not provide electronic security or back-up services for any of your data or records. Giving us access to your accounting system does not make us hosts of information contained within. The accounting and other services described in this section are nonaudit services, which do not constitute audit services under Government Auditing Standards, and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming County's management responsibilities. In conjunction with providing these accounting and other services, we may use third party software or templates created by Cherry Bekaert for use on third party software. Management expressly agrees that the County has obtained no rights to use such software or templates and that Cherry Bekaert's use of the County's data in those applications is not deemed to be hosting, maintaining custody, providing business continuity, or disaster recovery services. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 4 New Hanover County, North Carolina March 11, 2022 Page 5 Accounting services We will advise County's management about the application of appropriate accounting principles, and may propose adjusting journal entries to the County's financial statements. The County's management is responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the County's financial statements. If, while reviewing the journal entries, the County's management determines that a journal entry is inappropriate, it will be the County's management's responsibility to contact us to correct it. Data collection form We will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the County; however, it is the County's management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the designated federal audit clearinghouse and, if appropriate, to pass -through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period. County's management responsibilities related to accounting and other services For all nonattest services we perform in connection with the engagement, you are responsible for designating a competent employee to oversee the services, make any management decisions, perform any management functions related to the services, evaluate the adequacy of the services, retain relevant copies supporting your books and records, and accept overall responsibility for the results of the services. Prior to the release of the report, the County's management will need to sign a representation letter acknowledging its responsibility for the results of these services, and acknowledging receipt of all appropriate copies. County's management responsibilities related to the audit The County's management is responsible for (1) designing, implementing, and maintaining internal controls, including internal controls over federal awards, and for evaluating and monitoring ongoing activities, relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, and to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that the County's management and financial information is reliable and properly reported. The County's management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 5 New Hanover County, North Carolina March 11, 2022 Page 6 applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationship in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. The County's management is responsible for making all financial records and related information available to us, including additional information that is requested for purposes of the audit (including information from outside of the general and subsidiary ledgers), and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which it is aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related -party relationships and transactions, and other matters, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance and the State Single Audit Implementation Act, (3) additional information that we may request for the purpose of the audit and (4) unrestricted access to persons within the County from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the County involving (1) the County's management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the County received in communications from employees, former employees, grantors, regulators, or other. In addition, you are responsible for identifying and ensuring that the County complies with applicable laws, regulations contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, or grant agreements that we report. Additionally, as required by the Uniform Guidance and the State Single Audit Implementation Act, it is the County's management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The County's management is responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19 related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance and the State Single Audit Implementation Act. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 6 New Hanover County, North Carolina March 11, 2022 Page 7 awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance and the State Single Audit Implementation Act, (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance and the State Single Audit Implementation Act, (3) the methods of measurement or presentation have not changed from those used in the prior period or, if they have changed, the reasons for such changes), and (4) the County has disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP, (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP, (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes), and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. The County's management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. The County's management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit and attestation services section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing County's management views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. The County's management agrees to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards and disclosures, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and disclosures, and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and disclosures prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 7 New Hanover County, North Carolina March 11, 2022 Page 8 Reporting Our report will be addressed to Board of Commissioners of the County. Circumstances may arise in which our report may differ from its expected form and content based on the result of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion or add emphasis -of -matter or other -matter paragraphs to our auditor's report, or if necessary, withdraw from this engagement. If our opinion is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express opinions or issue reports, or may withdraw from this engagement. We will also issue written reports upon completion of our Single Audit. The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the County's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. Management representations The Firm will rely on the County's management providing the above noted representations to us, both in the planning and performance of the audit, and in considering the fees that we will charge to perform the audit. Fees The estimated fees contemplate only the services described in the Summary of Services section of this letter. You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you concerning the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter. If the County's management requests additional services not listed above, we will provide an estimate of those fees prior to commencing additional work. The following summarizes the fees for the services described above: Estimated Description of services fee Audit services Audit of the financial statements* Accounting services Completion of Data Collection Form Total $ 113,750 Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 8 New Hanover County, North Carolina March 11, 2022 Page 9 *This fee assumes that major grant compliance work to be performed in accordance with Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance") and the State Single Audit Implementation Act will remain at a similar level to prior years. The major programs differ in size, complexity, and the number of required compliance elements to be completed in accordance with Uniform Guidance and the State Single Audit Implementation Act. Our existing fee assumes that we will be auditing seven single audit programs. If there are more than seven single audit programs required to be audited as major programs (including DSS Crosscutting), the fee above will be adjusted by $4,000 - $5,000 per program. The fees will be billed periodically. Invoices are due on presentation. A service charge will be added to past due accounts equal to 1'/2% per month (18% annually) on the previous month's balance less payments received during the month, with a minimum charge of $2.00 per month. If the foregoing is in accordance with your understanding, please sign a copy of this letter in the space provided and return it to us. No change, modification, addition, or amendment to this letter shall be valid unless in writing and signed by all parties. The parties agree that this letter may be electronically signed and that the electronic signatures will be deemed to have the same force and effect as handwritten signatures. If you have any questions, please call April Adams at 919-782-1040. Sincerely, CHERRY BEKAERT LLP �h" &"Jt�a ATTACHMENT — Engagement Letter Terms and Conditions NEW HANOVER COUNTY, NORTH CAROLINA ACCEPTED BY: TITLE: DATE: Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 9 Attachment - Page 1 Cherry Bekaert LLP Engagement Letter Terms and Conditions The following terms and conditions are an integral part of the attached engagement letter and should be read in their entirety in conjunction with your review of the letter. Limitations of the audit report Should the County wish to include or incorporate by reference these financial statements and our report thereon into any other document at some future date, we will consider granting permission to include our report into another such document at the time of the request. However, we may be required by generally accepted auditing standards ("GAAS") to perform certain procedures before we can give our permission to include our report in another document such as an annual report, private placement, regulator filing, official statement, offering of debt securities, etc. You agree that the County will not include or incorporate by reference these financial statements and our report thereon, or our report into any other document without our prior written permission. In addition, to avoid unnecessary delay or misunderstandings, it is important to provide us with timely notice of your intention to issue any such document. Limitations of the audit process In conducting the audit, we will perform tests of the accounting records and such other procedures as we consider necessary in the circumstances to provide a reasonable basis for our opinion on the financial statements. We also will assess the accounting principles used and significant estimates made by the County's management, as well as evaluate the overall financial statement presentation. Our audit will include procedures designed to obtain reasonable assurance of detecting misstatements due to errors or fraud that are material to the financial statements. Absolute assurance is not attainable because of the nature of audit evidence and the characteristics of fraud. For example, audits performed in accordance with GAAS are based on the concept of selective testing of the data being examined and are, therefore, subject to the limitation that material misstatements due to errors or fraud, if they exist, may not be detected. Also, an audit is not designed to detect matters that are immaterial to the financial statements. In addition, an audit conducted in accordance with GAAS does not include procedures specifically designed to detect illegal acts having an indirect effect (e.g., violations of fraud and abuse statutes that result in fines or penalties being imposed on the County) on the financial statements. Similarly, in performing our audit we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts generally will be detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statement amounts will be detected. We will inform you with respect to errors and fraud, or illegal acts that come to our attention during the course of our audit unless clearly inconsequential. In the event that we have to consult with the County's counsel or counsel of our choosing regarding any illegal acts we identify, additional fees incurred may be billed to the County. You agree that the County will cooperate fully with any procedures we deem necessary to perform with respect to these matters. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 10 Attachment - Page 2 We will issue a written report upon completion of our audit of the County's financial statements. If, for any reason, we are unable to complete the audit, or are unable to form, or have not formed an opinion on the financial statements, we may decline to express an opinion or decline to issue a report as a result of the engagement. We will notify the appropriate party within your organization of our decision and discuss the reasons supporting our position. Audit procedures — general An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve professional judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by the County's management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the County or to acts by the County's management or employees acting on behalf of the County. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits, nor do they expect auditors to provide reasonable assurance of detecting waste and abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of the County's management of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditor is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, funding sources, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 11 Attachment - Page 3 Audit procedures — internal controls Our audit will include obtaining an understanding of the County and its environment, including internal controls relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinion(s). The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control, including cybersecurity, and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Uniform Guidance and the State Single Audit Implementation Act, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance and the State Single Audit Implementation Act. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to the County's management and those charged with governance internal control related matters that are required to be communicated under American Institute of Certified Public Accountants ("AICPA") professional standards, Government Auditing Standards, and the Uniform Guidance and the State Single Audit Implementation Act. Audit procedures - compliance As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of the County's compliance with provisions of applicable laws and regulations, contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance and the State Single Audit Implementation Act requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the County's major programs. For federal programs that are included in the Compliance Supplement, our Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 12 Attachment - Page 4 compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the County's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance and the State Single Audit Implementation Act. Nonattest services (if applicable) All nonattest services to be provided in the attached engagement letter (if applicable) shall be provided pursuant to the AICPA Code of Professional Conduct. The AICPA Code of Professional Conduct requires that we establish objectives of the engagement and the services to be performed, which are described under nonattest services in the attached letter. You agree that the County's designated individual will assume all the County's management responsibilities for the nonattest services we provide; oversee the services by designating an individual, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. In order to ensure we provide such services in compliance with all professional standards, the designated individual is responsible for: • Making all financial records and related information available to us • Ensuring that all material information is disclosed to us • Granting unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence • Identifying and ensuring that such nonattest complies with the laws and regulations The accuracy and appropriateness of such nonattest services shall be limited by the accuracy and sufficiency of the information provided by the County's designated individual. In the course of providing such nonattest services, we may provide professional advice and guidance based on knowledge of accounting, tax and other compliance, and of the facts and circumstances as provided by the County's designated individual. Such advice and guidance shall be limited as permitted under the AICPA Code of Professional Conduct. Communications At the conclusion of the audit engagement, we may provide the County's management and those charged with governance a letter stating any significant deficiencies or material weaknesses which may have been identified by us during the audit and our recommendations designed to help the County make improvements in its internal control structure and operations related to the identified matters discovered in the financial statement audit. As part of this engagement, we will ensure that certain additional matters are communicated to the appropriate members of the County. Such matters include (1) our responsibilities under GAAS, (2) the initial selection of and changes in significant accounting policies and their application, (3) our independence with respect to the County, (4) the process used by County's management in formulating particularly sensitive accounting estimates and the basis for our conclusion regarding the reasonableness of those estimates, (5) audit adjustments, if any, that could, in our judgment, either individually or in the aggregate be significant to the financial statements or our report, (6) any disagreements with the County's management concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements, (7) our views about matters that were the subject of the County's management's consultation with other accountants about auditing and Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 13 Attachment - Page 5 accounting matters, (8) major issues that were discussed with the County`s management in connection with the retention of our services, including, among other matters, any discussions regarding the application of accounting principles and auditing standards, and (9) serious difficulties that we encountered in dealing with the County`s management related to the performance of the audit. We have attached a copy of the report on our most recent peer review Other matters Access to working papers The working papers and related documentation for the engagement are the property of the Firm and constitute confidential information. We have a responsibility to retain the documentation for a period of time to satisfy legal or regulatory requirements for records retention. It is our policy to retain all workpapers and client information for seven years from the date of issuance of the report. It is our policy to retain emails and attachments to emails for a period of 12 months, except as required by any governmental regulation. Except as discussed below, any requests for access to our working papers will be discussed with you prior to making them available to requesting parties. Any parties seeking voluntary access to our working papers must agree to sign our standard access letter. We may be requested to make certain documentation available to regulators, governmental agencies (e.g., SEC, PCAOB, HUD, DOL, etc.), or their representatives ("Regulators") pursuant to law or regulations. If requested, access to the documentation will be provided to the Regulators. The Regulators may intend to distribute to others, including other governmental agencies, our working papers and related documentation without our knowledge or express permission. You hereby acknowledge and authorize us to allow Regulators access to and copies of documentation as requested. In addition, our Firm, as well as all other major accounting firms, participates in a "peer review" program covering our audit and accounting practices as required by the AICPA. This program requires that once every three years we subject our quality assurance practices to an examination by another accounting firm. As part of the process, the other firm will review a sample of our work. It is possible that the work we perform for the County may be selected by the other firm for their review. If it is, they are bound by professional standards to keep all information confidential. If you object to having the work we do for you reviewed by our peer reviewer, please notify us in writing. Electronic transmittals During the course of our engagement, we may need to electronically transmit confidential information to each other, within the Firm, and to other entities engaged by either party. Although email is an efficient way to communicate, it is not always a secure means of communication and thus, confidentiality may be compromised. As an alternative, we recommend using our Client Portal ("Portal") to transmit documents. Portal allows the County, us, and other involved entities to upload and download documents in a secure location. You agree to the use of email, Portal, and other electronic methods to transmit and receive information, including confidential information, between the Firm, the County, and other third party providers utilized by either party in connection with the engagement. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 14 Attachment - Page 6 Use of third party providers In the normal course of business, we may on occasion use the services of an independent contractor or a temporary or loaned employee, all of whom may be considered a third party service provider. On these occasions, we remain responsible for the adequate oversight of all services performed by the third party service provider and for ensuring that all services are performed with professional competence and due professional care. We will adequately plan and supervise the services provided by the third party service provider; obtain sufficient relevant data to support the work product; and review compliance with technical standards applicable to the professional services rendered. We will enter into a contractual agreement with the third party service provider to maintain the confidentiality of information and be reasonably assured that the third party service provider has appropriate procedures in place to prevent the unauthorized release of confidential information to others. Subpoenas In the event we are requested or authorized by the County, or required by government regulation, subpoena, or other legal process to produce our working papers or our personnel as witnesses with respect to our engagement for the County, the County will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expense, as well as the fees and expenses of our counsel, incurred in responding to such a request at standard billing rates. Dispute resolution provision This Dispute Resolution Provision sets forth the dispute resolution process and procedures applicable to any dispute or claim arising out of or relating to this engagement letter or the services provided hereunder, or any other audit or attest services provided by or on behalf of the Firm or any of its subcontractors or agents to the County or at its request ("Disputes"), and shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. Mediation All Disputes shall be first submitted to nonbinding confidential mediation by written notice to the parties, and shall be treated as compromise and settlement negotiations under the standards set forth in the Federal Rules of Evidence and all applicable state counterparts, together with any applicable statutes protecting the confidentiality of mediations or settlement discussions. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution ("CPR"), at the written request of a party, shall designate a mediator. Arbitration procedures If a Dispute has not been resolved within 90 days after the effective date of the written notice beginning the mediation process (or such longer period, if the parties so agree in writing), the mediation shall terminate and the Dispute shall be settled by binding arbitration to be held at a mutually agreeable location. The arbitration shall be conducted in accordance with the CPR Rules for Non -Administered Arbitration that are in effect at the time of the commencement of the arbitration, except to the extent modified by this Dispute Resolution Provision (the "Rules"). The arbitration shall be conducted before a panel of three arbitrators. Each of the County and the Firm shall designate one arbitrator in accordance with the "screened" appointment procedure provided in the Rules, and the two party -designated arbitrators shall jointly select the third in accordance with the Rules. No arbitrator may serve on the panel unless he or she has agreed in writing to enforce the terms of the engagement letter and to Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 15 Attachment - Page 7 abide by the terms of the Rules. Except with respect to the interpretation and enforcement of these arbitration procedures (which shall be governed by the Federal Arbitration Act), the arbitrators shall apply the laws of the Commonwealth of Virginia (without giving effect to its choice of law principles) in connection with the Dispute. The arbitrators may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. Any discovery shall be conducted in accordance with the Rules. The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction. Costs Each party shall bear its own costs in both the mediation and the arbitration; however, the parties shall share the fees and expenses of both the mediators and the arbitrators equally. Waiver of trial by jury In the event the parties are unable to successfully arbitrate any dispute, controversy, or claim, the parties agree to WAIVE TRIAL BY JURY and agree that the court will hear any matter without a jury. Independent contractor Each party is an independent contractor with respect to the other and shall not be construed as having a trustee, joint venture, agency, or fiduciary relationship. No third party beneficiaries The parties do not intend to benefit any third party by entering into this agreement, and nothing contained in this agreement confers any right or benefit upon any person or entity who or which is not a signatory of this agreement. Statute of limitations The County agrees not to bring any claims against any partner or employee of the Firm in any form for any reason. The County and the Firm agree that any suit arising out of or related to the services contemplated by this engagement letter must be filed within one year after the cause of action arises. The cause of action arises upon the earlier of (i) delivery of the final work product for which the firm has been engaged, (ii) where applicable, filing of the final work product for which the firm has been engaged, or (iii) the date which the services contemplated under this engagement letter are terminated by either party. Terms and conditions supporting fees The estimated fees set forth in the attached engagement letter are based on anticipated full cooperation from the County's personnel, timely delivery of requested audit schedules and supporting information, timely communication of all significant accounting and financial reporting matters, the assumption that unexpected circumstances will not be encountered during the audit, as well as working space and clerical assistance as mutually agreed -upon and as is normal and reasonable in the circumstances. We strive to ensure that we have the right professionals scheduled on each engagement. As a result, sudden County requested scheduling changes or scheduling changes necessitated by the agreed information not being ready on the agreed -upon dates can result in expensive downtime for our professionals. Any last minute schedule changes that result in downtime for our professionals could result in Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 16 Attachment - Page 8 additional fees. Our estimated fees do not include assistance in bookkeeping or other accounting services not previously described. If, for any reason, the County is unable to provide such schedules, information, and assistance, the Firm and the County will mutually revise the fee to reflect additional services, if any, required of us to achieve these objectives. The estimated fees contemplate that the County will provide adequate documentation of its systems and controls related to significant transaction cycles and audit areas. In providing our services, we will consult with the County with respect to matters of accounting, financial reporting, or other significant business issues as permitted by professional standards. Accordingly, time necessary to affect a reasonable amount of such consultation is reflected in our fees. However, should a matter require research, consultation, or audit work beyond that amount, the Firm and the County will agree to an appropriate revision in our fee. The estimated fees are based on auditing and accounting standards effective as of the date of this engagement letter and known to apply to the County at this time, but do not include any time related to the application of new auditing or accounting standards that impact the County for the first time. If new auditing or accounting standards are issued subsequent to the date of this letter and are effective for the period under audit, we will estimate the impact of any such standard on the nature, timing, and extent of our planned audit procedures and will communicate with the County concerning the scope of the additional procedures and the estimated fees. The County agrees to pay all costs of collection (including reasonable attorneys' fees) that the Firm may incur in connection with the collection of unpaid invoices. In the event of nonpayment of any invoice rendered by us, we retain the right to (a) suspend the performance of our services, (b) change the payment conditions under this engagement letter, or (c) terminate our services. If we elect to suspend our services, such services will not be resumed until your account is paid. If we elect to terminate our services for nonpayment, the County will be obligated to compensate us for all time expended and reimburse us for all expenses through the date of termination. This engagement letter sets forth the entire understanding between the County and the Firm regarding the services described herein and supersedes any previous proposals, correspondence, and understandings whether written or oral. Any subsequent changes to the terms of this letter, other than additional billings, will be rendered in writing and shall be executed by both parties. Should any portion of this engagement letter be ruled invalid, it is agreed that such invalidity will not affect any of the remaining portions. Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 17 EISNERAMPEP Report on the Firm's System of Quality Control October 22, 2019 To the Partners of Cherry Bekaert LLP and the National Peer Review Committee EisnerAmper LLP 111 Wood Avenue South Iselin, NJ 08830-2700 T 732.243.7000 F 732.951.7400 v+rwt:I er>i lerai i ip,:.,r.wr.I We have reviewed the system of quality control for the accounting and auditing practice of Cherry Bekaert LLP (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended April 30, 2019. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope. limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act; audits of employee benefit plans, an audit performed under FDICIA, an audit of broker -dealers, and an examination of service organizations [SOC 1 engagement]. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of Cherry Bekaert LLP applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended April 30, 2019, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Cherry Bekaert LLP has received a peer review rating of pass. EisnerAmper LLP Board of Commissioners - March 21, 2022 ITEM: 4 - 2 - 18 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 The of and and Governing Board Board of Commissioners Primary Government Unit New Hanover County, North Carolina N/A Primary Government Unit, together with DPCU (if applicable), hereinafter referred to as Governmental Unit(s) Auditor Name Cherry Bekaert LLP Auditor Address 3800 Glenwood Avenue, Suite 200 Raleigh, North Carolina 27612 Hereinafter referred to as Auditor for Fiscal Year Ending Audit Report Due Date 06/30/22 10/31 /22 Must be within four months of FYE hereby agree as follows: 1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non -major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUs, each major governmental and enterprise fund, and the aggregate remaining fund information (non -major government and enterprise funds, the internal service fund type, and the fiduciary fund types). The basic financial statements shall include budgetary comparison information in a budgetary comparison statement, rather than as RSI, for the General Fund and any annually budgeted Special Revenue funds. 2. At a minimum, the Auditor shall conduct the audit and render the report in accordance with GAAS. The Auditor shall perform the audit in accordance with Government Auditing Standards if the Governmental Unit expended $100,000 or more in combined Federal and State financial assistance during the reporting period. The auditor shall perform a Single Audit if required by Title 2 US Code of Federal Regulations Part 200 Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) or the State Single Audit Implementation Act. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires a federal single audit in accordance with the Uniform Guidance (§200.501), it is recommended that the Auditor and Governmental Unit(s) jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance (§200.512). If the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board). Page 1 Board of Commissioners - March 21, 2022 ITEM: 4 - 3 - 1 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 3. If an entity is determined to be a component of another government as defined by the group audit standards, the entity's auditor shall make a good faith effort to comply in a timely manner with the requests of the group auditor in accordance with AU-6 §600.41 - §600.42. 4. This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC Staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final report is issued. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully explained in an attachment to this contract. 5. If this audit engagement is subject to the standards for audit as defined in Government Auditing Standards, 2018 revision, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/she has met the requirements for a peer review and continuing education as specified in Government Auditing Standards. The Auditor agrees to provide a copy of the most recent peer review report to the Governmental Unit(s) and the Secretary of the LGC prior to the execution of an audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC for a peer review analysis that may result in additional contractual requirements. If the audit engagement is not subject to Government Accounting Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this contract or in an amendment. 6. It is agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted to LGC Staff within four months of fiscal year end. If it becomes necessary to amend the audit fee or the date that the audit report will be submitted to the LGC, an amended contract along with a written explanation of the change shall be submitted to the Secretary of the LGC for approval. 7. It is agreed that GAAS include a review of the Governmental Unit's (Units') systems of internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement. That written report shall include all matters defined as "significant deficiencies and material weaknesses" in AU-C 265 of the AICPA Professional Standards (Clarified). The Auditor shall file a copy of that report with the Secretary of the LGC. 8. All local government and public authority contracts for audit or audit -related work require the approval of the Secretary of the LGC. This includes annual or special audits, agreed upon procedures related to internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's (Units') records for audit, financial statement preparation, any finance -related investigations, or any other audit- related work in the State of North Carolina. Approval is not required on contracts and invoices for system improvements and similar services of a non -auditing nature. 9. Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. (This also includes any progress billings.)[G.S. 159-34 and 115C-447] All invoices for Audit work shall be submitted in PDF format to the Secretary of the LGC for approval. The invoice marked `approved 'with approval date shall be returned to Board of Commissioners - March 21, 2022 ITi23-2 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 the Auditor to present to the Governmental Unit(s) for payment. This paragraph is not applicable to contracts for audits of hospitals. 10. In consideration of the satisfactory performance of the provisions of this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary of the LGC if required, the fee, which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. This does not include fees for any pre -issuance reviews that may be required by the NC Association of CPAs (NCACPA) Peer Review Committee or NC State Board of CPA Examiners (see Item 13). 11. If the Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC Staff, either in the notes to the audited financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC Staff simultaneously with the Governmental Unit's (Units') audited financial statements any other bond compliance statements or additional reports required by the authorizing bond documents, unless otherwise specified in the bond documents. 12. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, the following information: (a) Management's Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required for full disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor shall furnish the required number of copies of the report of audit to the Governing Board upon completion. 13. If the audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre -issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre -issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre -issuance review. The pre -issuance review shall be performed prior to the completed audit being submitted to LGC Staff. The pre -issuance review report shall accompany the audit report upon submission to LGC Staff. 14. The Auditor shall submit the report of audit in PDF format to LGC Staff. For audits of units other than hospitals, the audit report should be submitted when (or prior to) submitting the final invoice for services rendered. The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copy in the offices of the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary of the LGC. These audited financial statements, excluding the Auditors' opinion, may be used in the preparation of official statements for debt offerings by municipal bond rating services to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and for other lawful purposes of the Governmental Unit(s) without requiring consent of the Auditor. If the LGC Staff determines that corrections need to be made to the Governmental Unit's (Units') financial statements, those corrections shall be provided within three business days of notification unless another deadline is agreed to by LGC Staff. 15. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval bythe Page 3 Board of Commissioners - March 21, 2022 ITEM: 4 - 3 - 3 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 Secretary of the LGC, this contract may be modified or amended to include the increased time, compensation, or both as may be agreed upon by the Governing Board and the Auditor. 16. If an approved contract needs to be modified or amended for any reason, the change shall be made in writing and pre -audited if the change includes a change in audit fee (pre -audit requirement does not apply to hospitals). This amended contract shall be completed in full, including a written explanation of the change, signed and dated by all original parties to the contract. It shall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC, the Governing Board, and the Auditor. 17. A copy of the engagement letter, issued by the Auditor and signed by both the Auditor and the Governmental Unit(s), shall be attached to this contract, and except for fees, work, and terms not related to audit services, shall be incorporated by reference as if fully set forth herein as part of this contract. In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this contract shall take precedence. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 30 of this contract. Engagement letters containing indemnification clauses shall not be accepted by LGC Staff. 18. Special provisions should be limited. Please list any special provisions in an attachment. 19. A separate contract should not be made for each division to be audited or report to be submitted. If a DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and a separate audit report is issued, a separate audit contract is required. If a separate report is not to be issued and the DPCU is included in the primary government audit, the DPCU shall be named along with the primary government on this audit contract. DPCU Board approval date, signatures from the DPCU Board chairman and finance officer also shall be included on this contract. 20. The contract shall be executed, pre -audited (pre -audit requirement does not apply to hospitals), and physically signed by all parties including Governmental Unit(s) and the Auditor, then submitted in PDF format to the Secretary of the LGC. 21. The contract is not valid until it is approved by the Secretary of the LGC. The staff of the LGC shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the contract is approved. 22. Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners' Retention of Client Records Rule 21 NCAC 08N .0305 as it relates to the provision of audit and other attest services, as well as non -attest services. Clients and former clients should be familiar with the requirements of this rule prior to requesting the return of records. 23. This contract may be terminated at any time by mutual consent and agreement of the Governmental Unit(s) and the Auditor, provided that (a) the consent to terminate is in writing and signed by both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c) no termination shall be effective until approved in writing by the Secretary of the LGC. 24. The Governmental Unit's (Units') failure or forbearance to enforce, or waiver of, any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 25. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the LGC. Page 4 Board of Commissioners - March 21, 2022 ITEM: 4 - 3 - 4 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 26. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of NCGS Chapter 64, Article 2. 27. Applicable to audits with fiscal year ends of June 30, 2020 and later. For all non -attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct and Governmental Auditing Standards, 2018 Revision (as applicable). Financial statement preparation assistance shall be deemed a "significant threat" requiring the Auditor to apply safeguards sufficient to reduce the threat to an acceptable level. If the Auditor cannot reduce the threats to an acceptable level, the Auditor cannot complete the audit. If the Auditor is able to reduce the threats to an acceptable level, the documentation of this determination, including the safeguards applied, must be included in the audit workpapers. All non -attest service(s) being performed by the Auditor that are necessary to perform the audit must be identified and included in this contract. The Governmental Unit shall designate an individual with the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the services and accept responsibility for the results of the services performed. If the Auditor is able to identify an individual with the appropriate SKE, s/he must document and include in the audit workpapers how he/she reached that conclusion. If the Auditor determines that an individual with the appropriate SKE cannot be identified, the Auditor cannot perform both the non -attest service(s) and the audit. See "Fees for Audit Services" page of this contract to disclose the person identified as having the appropriate SKE for the Governmental Unit. 28. Applicable to audits with fiscal year ends of June 30, 2021 and later. The auditor shall present the audited financial statements including any compliance reports to the government unit's governing body or audit committee in an official meeting in open session as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary. The auditor's presentation to the government unit's governing body or audit committee shall include: a) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related to the internal controls or fiscal health of the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing standards set by the Accounting Standards Board or its successor; b) the status of the prior year audit findings; c) the values of Financial Performance Indicators based on information presented in the audited financial statements; and d) notification to the governing body that the governing body shall develop a "Response to the Auditor's Findings, Recommendations, and Fiscal Matters," if required under 20 NCAC 03 .0508. 29. Information based on the audited financial statements shall be submitted to the Secretary for the purpose of identifying Financial Performance Indicators and Financial Performance Indicators of Concern. See 20 NCAC 03 .0502(c)(6). Board of Commss�oners - March 21, 2022 ITEM: 4 - 3 - 5 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 30. All of the above paragraphs are understood and shall apply to this contract, except the following numbered paragraphs shall be deleted (See Item 17 for clarification). 31. The process for submitting contracts, audit reports and invoices is subject to change. Auditors and units should use the submission process and instructions in effect at the time of submission. Refer to the N.C. Department of State Treasurer website at https://www.nctreasurer.com/state-and-local- government-finance-division/local-government-commission/submitting-your-audit 32. All communications regarding audit contract requests for modification or official approvals will be sent to the email addresses provided on the signature pages that follow. 33. Modifications to the language and terms contained in this contract form (LGC-205) are not allowed. Board of Commss�Oners - March 21, 2022 ITEM: 4 - 3 - 6 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 FEES FOR AUDIT SERVICES 1. For all non -attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct (as applicable) and Governmental Auditing Standards,2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Auditor; contracts presented to the LGC without this information will be not be approved. Financial statements were prepared by: ❑Auditor pGovernmental Unit ❑Third Party If applicable: Individual at Governmental Unit designated to have the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the non -attest services and accept responsibility for the results of these services: Name: Title and Unit / Company: Email Address: OR Not Applicable ❑ (Identification of SKE Individual not applicable for GAAS-only audit or audits with FYEs prior to June 30, 2020.) 2. Fees may not be included in this contract for work performed on Annual Financial Information Reports (AFIRs), Form 990s, or other services not associated with audit fees and costs. Such fees may be included in the engagement letter but may not be included in this contract or in any invoices requiring approval of the LGC. See Items 8 and 13 for details on other allowable and excluded fees. 3. Prior to the submission of the completed audited financial report and applicable compliance reports subject to this contract, or to an amendment to this contract (if required) the Auditor may submit interim invoices for approval for services rendered under this contract to the Secretary of the LGC, not to exceed 75% of the billings for the unit's last annual audit that was submitted to the Secretary of the LGC. Should the 75% cap provided below conflict with the cap calculated by LGC Staff based on the billings on file with the LGC, the LGC calculation prevails. All invoices for services rendered in an audit engagement as defined in 20 NCAC .0503 shall be submitted to the Commission for approval before any payment is made. Payment before approval is a violation of law. (This paragraph not applicable to contracts and invoices associated with audits of hospitals). PRIMARY GOVERNMENT FEES Primary Government Unit New Hanover County, North Carolina Audit Fee $ 113,750 (includes 7 major single audit programs) Additional Fees Not Included in Audit Fee: Fee per Major Program $ $4,000-$5,000 Writing Financial Statements $ All Other Non -Attest Services $ - 75% Cap for Interim Invoice Approval (not applicable to hospital contracts) $ 72,637.00 DPCU FEES (if applicable) Discretely Presented Component Unit N/A Audit Fee $ Additional Fees Not Included in Audit Fee: Fee per Major Program $ Writing Financial Statements $ All Other Non -Attest Services $ 75% Cap for Interim Invoice Approval (not applicable to hospital contracts) $ Board of Comm' sion7rs - March 21, 2022 l2ifflel - 3 - 7 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 SIGNATURE PAGE AUDIT FIRM Audit Firm* Cherry Bekaert LLP Authorized Firm Representative (typed or printed)* Signature* April Adams UW Date* Email Address* 03/11/22 aadams@cbh.com GOVERNMENTAL UNIT Governmental Unit* New Hanover County, North Carolina Date Primary Government Unit Governing Board Approved Audit Contract* (G.S. 1 59-34(a) or G.S. 1 15C-447(a)) Mayor/Chairperson (typed or printed)* Signature* Date Email Address Chair of Audit Committee (typed or printed, or "NA") Signature Date Email Address GOVERNMENTAL UNIT — PRE -AUDIT CERTIFICATE Required by G.S. 159-28(a1) or G.S. 115C-441(al ). Not applicable to hospital contracts. This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Primary Governmental Unit Finance Officer* (typed or printed Signature* Lisa Wurtzbacher Date of Pre -Audit Certificate* Email Address* lurtzbacher@nhcgov. corn Page 8 Board of Commissioners - March 21, 2022 ITEM: 4 - 3 - 8 LGC-205 CONTRACT TO AUDIT ACCOUNTS Rev. 11/2021 SIGNATURE PAGE — DPCU (complete only if applicable) DISCRETELY PRESENTED COMPONENT UNIT DPCU* N/A Date DPCU Governing Board Approved Audit Contract* (Ref: G.S. 159-34(a) or G.S. 115C-447(a)) DPCU Chairperson (typed or printed)* Signature* Date* Email Address* Chair of Audit Committee (typed or printed, or "NA") Signature Date Email Address DPCU — PRE -AUDIT CERTIFICATE Required by G.S. 159-28(al) or G.S. 11 5C-441 (al). Not applicable to hospital contracts. This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. DPCU Finance Officer (typed or printed)* Signature* Date of Pre -Audit Certificate* Email Address* Remember to print this form, and obtain all required signatures prior to submission. PRINT Page 9 Board of Commissioners - March 21, 2022 ITEM: 4 - 3 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Health and Human PRESENTER(S): Diana Vetter Craft, Health Education and Preparedness Services Supervisor and David Howard, Health Director CONTACT(S): Diana Vetter Craft and David Howard SU BJ ECT: Adoption of National Nutrition Month Proclamation BRIEF SUMMARY: The theme of national nutrition month is "Celebrate a World of Flavors" and embraces global cultures, traditions, and recipes from all people and encourages everyone to make informed choices and develop sound eating and physical activity habits they can follow all year long. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Nutdtion Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL NUTRITION MONTH PROCLAMATION WHEREAS, food is the substance by which life is sustained; and WHEREAS, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; and WHEREAS, there is a need for continuing nutrition education and a wide -scale effort to enhance healthy eating practices; and WHEREAS, choosing nutritious foods and getting enough physical activity can make a significant difference in your health; and WHEREAS, this year's theme, "Celebrate a World of Flavors," embraces global cultures, traditions, and recipes from all people and encourages everyone to make informed choices and develop sound eating and physical activity habits they can follow all year long. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 2022 will be recognized as "National Nutrition Month" in New Hanover County. ADOPTED this the 21s' day of March, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SU BJ ECT: Approval of January 2022 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for January 2022 are ahead of overall collections for January 2021. The report for January 2022 in comparison to January 2021 is as follows: New Hanover County January 2022 January 2021 Real Property 96.65% 96.75% Personal Property 92.93% 91.39% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.53% 96.42% Total Collected YTD $196,368,894.16 $166,150,516.49 New Hanover County Debt Service January 2022 January 2021 Real Property 96.44% 96.56% Personal Property 92.81% 91.22% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.41/0 96.25% Total Collected YTD $20,382,612.16 $21,864,825.41 Grand Total Collected YTD $216,751,506.32 $188,015,341.90 New Hanover County Fire District January 2022 January 2021 Real Property 96.46% 96.78% Personal Property 94.22% 93.97% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.44% 96.67% Total Collected YTD $12,568,013.20 $10,285,031.94 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - March 21, 2022 ITEM: 6 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for January 2022 New Hanmer County Debt Seance Monthly Collection Report for January 2022 New Hanmer County Fire District Monthly Collection Report for January 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 6 New Hanover County Monthly Collection Report for January 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 185,077,365.61 $ (2,194,765.83) $ 53,921.23 $ 13,255,595.51 $ (175,580.75) $ 10,034.14 $ 7,268,866.78 $ $ $ 205,601,827.90 (2,370,346.58) 63,955.37 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,936,521.01 178,449,563.12 1,640,899.50 (27.32) $ $ $ $ 13,090,048.90 12,217,010.08 52,195.60 (24.61) $ $ 7,268,866.78 7,268,866.78 $ $ $ $ 203,295,436.69 197,935,439.98 1,693,095.10 (51.93) Outstanding Balance $ 6,127,884.71 $ 925,259.03 $ - $ 7,053,039.88 Collection Percentage 96.65 92.93 100.00 96.53 YTD Interest Collected $ 62,887.29 $ (1,216.46) $ 64,878.45 $ 126,549.28 Total 2021-2022 Collections YTD 196,368,894.16 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,559,827.99 $ 4,930,703.69 $ 324,971.15 $ 6,815,502.83 Abatements $ (2,014.80) $ (141,398.75) $ - $ (143,413.55) Adjustments $ (2,315.87) $ 6.71 $ - $ (2,309.16) Total Levy $ 1,555,497.32 $ 4,789,311.65 $ 324,971.15 $ 6,669,780.12 Collections to Date $ 423,861.37 $ 106,632.55 $ 578.49 $ 531,072.41 *Refunds $ 21,711.68 $ 12,859.80 $ 19.34 $ 34,590.82 Write-off $ 39,035.37 $ 249,732.89 $ 79,591.51 $ 368,359.77 Outstanding Balance 1 $ 1,114,312.26 $ 4,445,806.01 $ 244,820.49 $ 6,541,658.30 YTD Interest Collected $ 76,242.94 $ 18,917.07 $ 949.02 $ 96,109.03 Total Prior Year Collections YTD 592,590.62 Grand Total All Collections YTD $ 196,961,484.78 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 21, 2022 ITEM: 6 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for January 2022 Current Year 2021-2022 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,180,870.05 $ 1,377,480.17 $ 836,829.07 $ 21,395,179.29 Abatements $ (227,431.45) $ (18,795.77) $ - $ (246,227.22) Adjustments $ 5,587.53 $ 1,039.77 $ - $ 6,627.30 Total Taxes Charged $ 18,959,026.13 $ 1,359,724.17 $ 836,829.07 $ 21,155,579.37 Collections to Date $ 18,297,525.35 $ 1,262,163.28 $ 836,829.07 $ 20,396,517.70 *Refunds $ 13,767.35 $ 138.19 $ 13,905.54 Write-off $ 3.92 $ 1.75 $ 5.67 Outstanding Balance $ 675,264.21 $ 97,697.33 $ - $ 759,067.34 Collection Percentage 96.44 92.81 100.00 96.41 YTD Interest Collected $ 6,887.16 $ 137.44 $ 8,092.56 Total 2021-2022 Collections YTD $ 20,382,612.16 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 163,392.17 $ 366,992.88 $ $ 530,385.05 Abatements $ (27.18) $ (13,781.62) $ (13,808.80) Adjustments $ (302.89) $ 0.88 $ (302.01) Total Levy $ 163,062.10 $ 353,212.14 $ $ 516,274.24 Collections to Date $ 48,271.95 $ 11,700.35 $ $ 59,972.30 *Refunds $ 130.93 $ 612.70 $ $ 743.63 Write-off $ 3.97 $ 2.21 $ $ 6.18 Outstanding Balance $ 114,917.11 $ 342,122.28 $ $ 457,051.75 YTD Interest Collected $ 6,496.54 $ 1,593.65 $ $ 8,090.19 Total Prior Year Collections YTD 67,318.86 Grand Total All Collections YTD $ 20,449,931.02 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 21, 2022 ITEM: 6 - 2 - 1 New Hanover County Fire District Monthly Collection Report for January 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,539,113.20 $ (74,641.34) $ 7,352.22 $ 986,968.01 $ (13,581.74) $ 517.00 $ 575,805.01 $ $ $ 13,101,886.22 (88,223.08) 7,869.22 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,471,824.08 11,075,898.69 11,090.00 2.23 $ $ $ $ 973,903.27 917,798.83 139.76 1.00 $ $ 575,805.01 575,805.01 $ $ $ $ 13,021,532.36 12,569,502.53 11,229.76 3.23 Outstanding Balance $ 407,013.16 $ 56,243.20 $ - $ 463,262.82 Collection Percentage 96.45 94.22 100.00 96.44 YTD Interest Collected $ 4,787.18 $ 103.12 $ 4,850.13 $ 9,740.43 Total 2021-2022 Collections YTD 12,568,013.20 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 95,635.54 $ 259,708.63 $ 19,675.71 $ 375,019.88 Abatements $ (279.86) $ (633.50) $ - $ (913.36) Adjustments $ - $ - $ - Total Levy $ 95,355.68 $ 259,075.13 $ 19,675.71 $ 374,106.52 Collections to Date $ 22,368.18 $ 13,718.42 $ 45.14 $ 36,131.74 *Refunds $ 31.61 $ 506.80 $ - $ 538.41 Write-off $ 1,287.66 $ 14,598.67 $ 4,657.39 $ 20,543.72 Outstanding Balance $ 71,731.45 $ 231,264.84 $ 14,973.18 $ 359,056.91 YTD Interest Collected $ 4,476.98 $ 1,091.52 $ 48.39 $ 5,616.89 Total Prior Year Collections YTD 41,748.63 Grand Total All Collections YTD $ 12,609,761.83 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 21, 2022 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SU BJ ECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2022: Parks & Gardens 22-045 Library 22-061 Senior Resource Center 22-064 STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: 22-045 22-061 22-064 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 7 AGENDA: March 21, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: Bike & Pedestrian Path Capital Projects Department: Parks & Gardens Expenditure: Decrease Increase Total BA 22-045 Market Street Extension $ (492,000) $ (492,000) BA 22-045 Middle Sound Loop Connector $ (750,000) $ (750,000 BA 22-045 Construction Market Street Extension & Middle Sound Loop Connector $ 867,373 $ 867,373 Total I $ (1,242,000)1 $ 867,373 11 $ (374,627) Revenue: Decrease Increase Total BA 22-045 NCDOT Grants $ (1,092,000) $ 553,472 $ (538,528) BA 22-045 Transfer in From General Fund $ (150,000) $ 150,000 $ - BA 22-045 Transfer in From Capital Improvements Project Fund $ 163,901 $ 163,901 Total I $ (1,242,000)1 $ 867,373 $ (374,627) Fund: Capital Improvement Projects Department: Parks & Gardens Ex enditure: Decrease Increase Total BA 22-045 Transfer to Bike & Ped Cap Projs $ 163,901 $ 163,901 BA 22-045 Elevator Upgrades $ (163,901) $ (163,901) Total $ (163,901)1 $ 163,901 $ - Section 2: Explanation BA 22-045 is to accept a grant from the North Carolina Department of Transportation (NCDOT) in the amount of $553,472, and reallocate funds for bike and pedestrian paths projects. The FY20 and FY21 Capital Improvement Project (CIP) Plans included general fund and grant funding estimates to design and construct the Market Street Extension and the Middle Sound Loop Connector projects individually. The design phase is complete for both projects and right of away (ROW) acquisition is ready to begin. The NCDOT awarded a grant for the combined construction of both projects in the amount of $553,472, with a required match of $138,368. This budget amendment will make adjustments to the CIP Plan to match the actual grant award and to increase the amount of county funds needed for the ROW acquisition and county match. Once the construction bids are advertised, the board will be asked to approve the contractor selection and if additional funds are needed, a budget amendment (BA) will be presented for adoption. This BA will also close out the elevator upgrades capital improvement project that was funded with general fund dollars in the FYI 6, FY17 and FYI CIP Plans for several county facilities. The elevator upgrades are complete. This BA will move the project savings of $163,901 to the Bike and Pedestrian Capital project fund to be used for the construction of Market Street Extension and Middle Sound Loop Connector multi -use paths. A transfer in from the general fund, with a net effect of zero, is included in this budget amendment to show the general fund dollars' movement between the individual bike and pedestrian path projects. Board of Commissioners - March 21, 2022 ITEM: 7 - 1 - 1 Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 22-045 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 21 st day of March, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 7 - 1 - 2 AGENDA: March 21, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Continuous focus on the customer experience Fund: General Department: Library Expenditure: Decrease Increase Total BA 22-061 Library $ 40,000 11 $ 40,000 Total $ - $ 40,000 $ 40,000 Revenue: Decrease Increase I I Total BA 22-061 State Library Grant 1 $ 40,000 11 $ 40,000 Total $ - I $ 40,000 Is 40,000 Prior to Actions Today Departmental Budget $ 5,729,877 Total if Actions Taken $ 5,769,877 Section 2: Explanation BA 22-061 accepts an Adapting Technology grant awarded to the Library by the NC State Library for $40,000. This grant will provide the funding to purchase and install a contact -free library smart locker system at the Senior Resource Center (SRC). This system enables flexible book pickup for library users who frequent the SRC to access materials outside of regular business hours and without interacting with staff. There is no required county match for this grant. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-061 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 21 st day of March, 2022 (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 7 - 2 - 1 AGENDA: March 21, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Total BA 22-064 Senior Resource Center $ 82,236 $ 82,236 Total $ - $ 82,236 $ 82,236 Revenue: Decrease Increase I I Total BA 22-064 HCCBG Grant 1 $ 82,236 $ 82,236 Total $ - I $ 82,236 $ 82,236 Prior to Actions Toda Departmental Budget $ - Total if Actions Taken $ 82,236 Section 2: Explanation BA 22-064 accepts additional Home and Community Care Block Grant (HCCBG) funds for the Senior Resource Center in the amount of $82,236. The increase will be used to hire one FTE Social Worker to provide case management services ($10,193) and one casual part-time Recreation Program Coordinator ($3,717). The increase will also be used to purchase approximately 38 cases of liquid nutrition for clients in need ($1,400), purchase outdoor seating for congregate meal participants ($1,300) and purchase an additional 8,958 congregate meals ($60,452). The Senior Resource Center will also replace a treadmill ($5,174). The NC Division of Aging & Adult Services (DAAS) announced this increase for FY22, to be used by June 30, 2022, and stated the increased level will be recurring in FY23. The grant requires a 10% match that will be made with existing Senior Resource Center program expenses. The FY23 recommended budget will include the positions using the anticipated increase in grant revenues. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-064 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 21 st day of March, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: County PRESENTER(S): John Russ, President and Alison Baringer, Executive Director of the Manager North Carolina Azalea Festival CONTACT(S): Vice -Chair Deb Hays and Chris Coudriet, County Manager SU BJ ECT: Consideration of North Carolina Azalea Festival Season Proclamation BRIEF SUMMARY: New Hanover County is pleased to host the North Carolina Azalea Festival and 2022 marks the festival's 75th anniversary. Exciting activities and entertainment are scheduled to celebrate the anniversary of this wonderful festival, bringing visitors from near and far to enjoy the natural beauty, arts and history of New Hanover County. Michael Franklin, Secretary, 2022 NC Azalea Festival Board of Directors, submitted the attached proclamation for the board's consideration. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Azalea Festival Season Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NORTH CAROLINA AZALEA FESTIVAL SEASON PROCLAMATION WHEREAS, New Hanover County is pleased to host the 75th annual North Carolina Azalea Festival; and WHERAS, New Hanover County has been celebrating spring and this community for 75 years, making this a historic year for all the region; and WHEREAS, this proud local tradition draws visitors to the port city area year after year to enjoy the beauty of nature, entertainment, a street fair, parade and riverfront attractions; and WHEREAS, in addition to stunning floral displays, the North Carolina Azalea Festival celebrates the arts and history of New Hanover County; and WHEREAS, the North Carolina Azalea Festival promotes the local tourism industry in that it encourages visitors to explore what makes this region a wonderful place to live from the river to the coast. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 6-10, 2022 will be recognized as "North Carolina Azalea Festival Season" in New Hanover County, and commends its observance to all citizens. ADOPTED this the 215t day of March, 2022. ILIIILMAnoF-A IGI9a1=610011VA Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SU BJ ECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - March 21, 2022 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: Finance PRESENTER(S): Mike Kozlosky, WMPO Executive Director CONTACT(S): Chris Coudriet, County Manager and Lisa Wurtzbacher, Chief Financial Officer SU BJ ECT: Consideration of Funding for Wilmington Multi -modal Transportation Center Phase 1B BRIEF SUMMARY: In 2019, the Wilmington Urban Area Metropolitan Planning Organization (WMPO) and the City of Wilmington allocated a total of $2,497,127 in funding to renovate property located at 525 North 4th Street, which was deeded to the City of Wilmington (City) by the North Carolina Department of Transportation (NCDOT) to be used for transportation purposes. Renovation designs to upfit this building into office space for WMPO staff were completed in late 2021 and bids for construction were opened in January 2022. Bids for the project were $647,319 more than allocated for the project. The total project funding gap as estimated by the WMPO is $2,341,836 $647,319 gap in bid cost and current funding $1,415,001 for inflation and contingency $88,000 design and contract administration $80,000 for furniture $111,516 for NCDOT administration fee Those costs are made up of the following: The WMPO will be required to fund $1,873,469 of the gap with the City's match requirement of $468,367. The City's project budget includes $136,781 in unallocated funding with can be utilized for a portion of this match, leaving an additional $331,586 needed to be appropriated by the City to the Wilmington Multi -modal Facility Project. County staff is recommending the county contribute 50% of the remaining gap, or $165,793. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt budget amendment to fund $165,793 for the Wilmington Multi -modal Transportation Center Phase 1B project. ATTACHMENTS: WMPO Memo Budget Amendment Board of Commissioners - March 21, 2022 ITEM: 10 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 10 TO: FROM: DATE: SUBJECT: WMPO MEMORANDUM MPO Board Members Mike Kozlosky, Executive Director February 17, 2022 Wilmington Multi -modal Transportation Center Phase 1B 305 Chestnut Street PO Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax: (910) 341-7801 www.wmpo.org The property located at 525 North 4th Street (former Thomas Grocery Building) was purchased by the North Carolina Department of Transportation (NCDOT) with transportation funds for the Wilmington Multi -modal Transportation Center and it is required be used by a public agency for a transportation purpose. The property was deeded to the City of Wilmington in 2017 and the building is currently vacant. The Wilmington Urban Area Metropolitan Planning Organization (WMPO) identified an opportunity to utilize this building for dedicated office space and in 2019 the City of Wilmington and WMPO Board allocated funding to the project. The rehabilitation and re -use of the historic building is being referred to as the Wilmington Multi -modal Transportation Center Phase 1B. Upon completion of the renovation, the building and property will be retained by the City. The City of Wilmington/Wilmington MPO completed the design for the upfit of this building in late 2021. The engineers' construction cost estimate for the project was $2,497,127. The city held a bid opening on January 27, 2022. Two contractors bid on the project and the low bid was in the amount of $3,144,446 (including $38,000 for Alternates 1 and 2). The bid was $647,319 over the engineer's estimate. Staff requested the design consultant review the bids to determine the reasons for the difference between the estimate and bid. The consultant identified several reasons: • The project bid approximately four (4) months after the anticipated bid date and estimate were determined • Mechanical systems, concrete, steel, wood, and roofing have all seen dramatic price increases due to both material availability and labor shortages • The project type is difficult to bid because building renovations are challenging and require more specialized skilled labor than other projects • With only two bidders there was a lack of competition Wilmington Urban Area Metropolitan Planning Organization City of Wilmington • Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • T6vEbgf&(8'ftrh -M&&vFl0022assa ■ County of Brunswick County of Pender • Cape Fear Public Transportcl FEW IO=rl X 1 North Carolina Department of Transportations Following the bid, staff requested the architect review the design for value -engineering, project phasing, and other opportunities to get the project costs in line with the project budget. Value Engineering Given the challenges of renovating a building with historic design, there are few options to reduce the costs by a substantial amount. The elimination of the Board Room on the first floor is the only option to significantly reduce the cost. The Board Room requires different elements of design as compared to standard office space. The Board Room generates the need for higher design loads in the flooring and structural elements, code compliant fire rated enclosure on all sides (walls and ceiling) and additional plumbing fixtures which would otherwise not be required. If the removal of the Board Room is desired, this will require significant design changes and subsequent approvals by the City, State Historic Preservation Office (SHPO), and NCDOT. Project Phasing The project could be split into two phases with the first phase being the "core and shell" and the second phase being the "upfit and finish." Project phasing would allow the contractor to start the first phase but would require the city to re -bid the "upfit and finish." This approach is anticipated to cost additional money. However, phased construction would allow the contractor to begin work on the first phase while the WMPO and City secure the additional funding needed to complete the project. Any phasing of the construction would require design modifications and approval by the City and NCDOT. Bid Validity Extension The current bid requires contractors to hold their prices for 90 days for contract award. The City/MPO could request the contractor hold their current prices for 180 days while the City/MPO try to secure the additional funds. Although this will not expedite construction, it would represent a cost savings over the project phasing approach. Reject the Bids and Move to Secure Additional Funding Up Front With the bid of $3,144,446 and general construction funding allocated to the project of $2,675,957 there is a significant shortfall. If there is political support to provide additional funding, the anticipated timeframe to secure these additional funds (pending City and Board approval) would be approximately six (6) months. Construction costs are anticipated to continue to increase during this period. Therefore, to be conservative and account for inflation, staff proposes a 30% increase ($943,334) on top of the current bid. In addition, staff recommends including a 15% contingency ($471,667), funding for design and contract administration ($88,000), funding for furniture ($80,000), and 5% anticipated North Carolina Department of Transportation administration fees ($111,516). This would bring the total amount of additional funding required to $2,341,836. The use of Surface Transportation Block Grant-- Direct Attributable funding provided by the Wilmington Urban Area Metropolitan Planning Organization is 80% federal and requires a 20% Board of Commissioners - March 21, 2022 ITEM: 10- 1 - 2 local match. Additional funding from the WMPO in the amount of $1,873,469 would be required to move forward. Accordingly, the additional local match required from the City of Wilmington to complete the project would be $468,367. The City's project budget (4TRMF0216) includes $136,781 in unallocated funding which can be utilized for a portion of this local match. An additional $331,586 would need to be appropriated by the city to the Wilmington Multi -modal Facility Project. Conclusion Based on the options identified above, staff has identified two possible alternatives. The first would be to remove the Board Room and utilize this area as a conference room and additional offices. The other option would be to request additional funding from both the City and MPO. MPO staff desires direction from the Board on how to proceed with this project and the appetite to provide any additional funding. Board of Commissioners - March 21, 2022 ITEM: 10- 1 - 3 AGENDA: March 21, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Finance Expenditure, Decrease Increase Total BA 22-050 General Government $ 165,793 $ 165,793 Total $ - $ 165,7931 $ 165,793 Revenue: Decrease Increase Total BA 22-050 Appropriated Fund Balance $ 165,793 $ 165,793 Total $ - $ 165,793 $ 165,793 Prior to Actions Toda Departmental Budget $ 58,775,195 Appropriated Fund Balance $ 3 286 936 Total if Actions Taken $ 58 940 988 $ 3,452,729 Section 2: Explanation BA 22-050 In 2019, the Wilmington Urban Area Metropolitan Planning Organization (WMPO) and the City of Wilmington allocated a total of $2,497,127 in funding to renovate property located at 525 North 4th Street which was deeded to the City of Wilmington by the NC Department of Transportation to be used for transportation purposes. Renovation designs to upfit this building into office space for WMPO staff were completed in late 2021 and bids for construction were opened in January 2022. Bids for the project were $647,319 more than allocated for the project. The WMPO will be required to fund $1,873,469 of the gap with the city's match requirement of $468,367. The city's project budget includes $136,781 in unallocated funding which can be utilized for a portion of this match, leaving an additional $331,586 needed to be appropriated by the City of Wilmington's Multi -modal Facility Project. County staff is recommending 50% of the remaining gap, or $165,793. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-050 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 21 st day of March, 2022 (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 10- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: County PRESENTER(S): Sheryl Kelly, Assistant County Manager, and Lisa Wurtzbacher, Chief Manager Financial Officer CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Consideration of a Sales Tax Referendum BRIEF SUMMARY: The New Hanover County Commission has the authority to calendar a quarter cent sales tax referendum for the purposes of supporting public transportation. Members of the commission have been meeting with other elected officials from the city for the past eight to 10 months to determine the viability of placing a ballot question on the November 8, 2022, general election. After the city/county joint meeting February 24, 2022, a majority of the board expressed its interest in debating this matter at the March 21, 2022, regular board meeting. Sheryl Kelly, Assistant County Manager, and Lisa Wurtzbacher, Chief Financial Officer, will present the mechanics of calendaring the referendum and the overall proposed use of funds over the first 10 years of the sales tax, should it pass. The categories of funding include Wave operational and expansion support, bike and pedestrian trail construction, rail realignment, and Bus -Rapid -Transportation planning. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Direct county staff to proceed with the process of placing the quarter cent sales tax for public transportation referendum on the November 8, 2022 general election ballot. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Direct county staff to proceed with the process of placing the quarter cent sales tax for public transportation referendum on the November 8, 2022 general election ballot. COMMISSIONERS' ACTIONS: Approved 4-1, Chair Olson-Boseman dissenting. Board of Commissioners - March 21, 2022 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Consideration of Resolution 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 BRIEF SUMMARY: The Board of County Commissioners has approved capital project ordinances and capital improvements, including the construction of an Emergency Logistics Center, installation of water and sewer lines and road improvements for the Blue Clay Road Business Park, development of Hanover Pines Nature Park, and other various county and school capital improvements. These projects are to be funded through debt proceeds as budgeted and structured as limited obligation bonds. The County will remain in compliance with its debt policy with the issuance of this debt. To move forward with the above mentioned projects, county staff is requesting the approval of a resolution that will allow the County Manager or the Finance Director, with the advice from the County Attorney and Bond Counsel, be authorized and directed to proceed and negotiate on behalf of the county the contract for a principal amount not to exceed $34,000,000 for the financing of the projects. The resolution also confirms the intent of the board to reimburse itself with debt proceeds the costs of these projects expended before the debt is issued. We also request that you direct the Finance Director or her designee to file with the Local Government Commission an application for its approval of the contract and all relevant transactions contemplated. The issuance of this debt instrument requires a public hearing. Staff is proposing that the public hearing be conducted on April 4, 2022 at 4:00 pm, concerning the Contract, the Deed of Trust, the proposed Project and any other transactions contemplated therein and associated therewith. Staff requests that the Clerk to the Board be directed to cause a notice of the Public Hearing, in the form attached as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. Board of Commissioners - March 21, 2022 ITEM: 12 ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 12 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 WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (1) an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract") with the New Hanover Financing Corporation (the "Corporation "), the proceeds of which were used to finance the Projects (as defined in the 2010 Contract), including, among other things, the acquisition and renovation of a portion of the County's government center complex (the "Government Center") in 2005 and 2007 and acquisition of the County's judicial building in 2000 and a 5-story expansion of the judicial building in 2002 (the `Judicial Building"); (2) a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 granting a lien on the sites of the Government Center and the Judicial Building, as modified by (a) a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 extending the lien of the Deed of Trust to the site of the Juvenile Justice Facility (as defined in the Second Contract Amendment), (b) a Deed of Partial Release dated as of February 1, 2020 releasing the lien on the Government Center from the Deed of Trust, and (c) a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 extending the lien of the Deed of Trust to the site of the New Government Center (as defined in the Third Contract Amendment) (collectively, the `Deed of Trust"); (3) Amendment Number One to the Contract dated as of September 1, 2012 (the "First Contract Amendment") with the Corporation, the proceeds of which were used to refinance the 2003 Projects (as defined in the First Contract Amendment); (4) Amendment Number Two to the 2010 Contract dated as of February 1, 2020 (the "Second Contract Amendment") with the Corporation, the proceeds of which were used to finance the 2020A Projects (as defined in the Second Contract Amendment); and (5) Amendment Number Three to the 2010 Contract dated as of March 1, 2021 (the "Third Contract Amendment") with the Corporation, the proceeds of which were used to finance the 2021 Projects and refinance the Refunded 2018 Contract (each as defined in the Third Contract Amendment); WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into Amendment Number Four to the 2010 Contract (the "Fourth Contract Amendment" and collectively with the 2010 Contract, the First Contract Amendment, the Second Contract Amendment, and the Third Contract Amendment, the "Contract") with the Corporation to pay the capital costs of (a) the acquisition, construction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern Regional Park, (e) the purchase and installation of certain information technology and communications equipment, (f) the acquisition of various vehicles Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 1 and equipment for general government purposes, including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements (collectively, the "2022 Projects"); WHEREAS, the County hereby determines that acquiring the 2022 Projects is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that acquiring the 2022 Projects will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Fourth Contract Amendment is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Fourth Contract Amendment would allow the County to purchase the 2022 Projects and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of acquiring the 2022 Projects is an amount not to exceed $34,000,000 and that such cost of the acquisition of the 2022 Projects exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of acquiring the 2022 Projects pursuant to the Fourth Contract Amendment is expected to exceed the cost of acquiring the 2022 Projects pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of acquiring the 2022 Projects pursuant to the Fourth Contract Amendment and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring, constructing, improving and equipping the 2022 Projects; and (3) insufficient revenues are produced by the 2022 Projects so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost acquiring the 2022 Projects pursuant to the Fourth Contract Amendment reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Fourth Contract Amendment; WHEREAS, the sums to fall due under the Fourth Contract Amendment will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel ("Bond Counsel"), will render an opinion to the effect that entering into the Fourth Contract Amendment and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Fourth Contract Amendment, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Fourth Contract Amendment; WHEREAS, the County is not in default under any of its debt service obligations; Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 2 WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC'), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Fourth Contract Amendment after publication of a notice with respect to such public hearing must be held, and approval of the LGC with respect to entering into the Fourth Contract Amendment must be received; WHEREAS, the County will incur and pay certain expenditures (the "Original Expenditures ") in connection with the 2022 Projects prior to the date of execution and delivery of the Fourth Contract Amendment, such Original Expenditures to be paid for originally from a source other than the proceeds of the Fourth Contract Amendment, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Fourth Contract Amendment; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Fourth Contract Amendment and the 2022 Projects to be financed thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate Fourth Contract Amendment. That the County Manager or the Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Fourth Contract Amendment for a principal amount not to exceed $34,000,000 to finance the 2022 Projects, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended. Section 2. Application to LGC. That the Chief Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Fourth Contract Amendment and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Professionals. That the County Manager and the Chief Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial advisor, PNC Capital Markets LLC, Charlotte, North Carolina, as underwriter, and U.S. Bank Trust Company, National Association, as trustee. The County Manager and the Chief Finance Officer are hereby authorized to retain such other professionals as they deem necessary in their judgment to carry out the transaction contemplated in this Resolution. Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 3 Section 4. Public Hearing. That a public hearing (the "Public Hearing ") shall be conducted by the Board on April 4, 2022 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Fourth Contract Amendment, the proposed 2022 Projects, and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Reimbursement. The County presently intends, and reasonably expects, to reimburse itself for Original Expenditures in an amount not to exceed $34,000,000 on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Fourth Contract Amendment. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Fourth Contract Amendment. The Chief Financial Officer of the County, with advice from bond counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the 2022 Projects during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of the execution and delivery of the Fourth Contract Amendment. Section 7. Effective Date. That this Resolution is effective on the date of its adoption. Read, approved and adopted this 21 st day of March, 2022. Clerk to the Board APPROVED AS TO FORM: County Attorney Un Chair of the Board of Commissioners Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 4 EXHIBIT A NOTICE OF PUBLIC HEARING At its March 21, 2022 meeting, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") adopted a resolution which authorized the County to proceed to pay the capital costs of (a) the acquisition, construction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern Regional Park, (e) the purchase and installation of certain information technology and communications equipment, (f) the acquisition of various vehicles and equipment for general government purposes, including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements (collectively, the "2022 Projects"), pursuant to an amendment (the "Contract Amendment") to an installment financing contract (the "Contract"), in a principal amount not to exceed $34,000,000 under which the County will make certain installment payments, in order to make the 2022 Projects available to the County. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on April 4, 2022 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract Amendment and the County's financing of the 2022 Projects. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the Contract Amendment and the projects to be financed thereby. Published: /s/ KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 5 STATE OF NORTH CAROLINA ss: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "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" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 21 st day of March, 2022. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the day of March, 2022. KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - March 21, 2022 ITEM: 12- 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: County PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer and Tim Buckland, Manager Intergovernmental Affairs Manager CONTACT(S): Lisa Wurtzbacher and Tim Buckland SU BJ ECT: Update on American Rescue Plan Framework BRIEF SUMMARY: The American Rescue Plan Act was signed into law by President Biden on March 11, 2021. The law called for New Hanover County to receive more than $45.5 million in direct federal aid, to be paid in two installments, to respond to and recover from the community health and economic impacts of the COVID-19 pandemic. In April 2021, the New Hanover County Board of Commissioners adopted its initial framework to guide the use of funds and amended the plan in July 2021, September 2021 and January 2022 based on updated federal rules and guidance as well as emerging needs and priorities. This update — coinciding with the passage of the law one year ago — will provide the board with progress reports on each aspect of the framework. STRATEGIC PLAN ALIGNMENT: • Good Governance Strong Financial Performance ■ Proactively manage the county budget Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands Collaborate to optimize system -wide responses and outcomes ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation. ATTACHMENTS: American Rescue Plan Framework Board of Commissioners - March 21, 2022 ITEM: 13 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - March 21, 2022 ITEM: 13 American Rescue Plan Overview New Hanover County will receive $45,543,632 from the American Rescue Plan, which was signed into law by President Biden on March 11. The funds must be obligated by Dec. 31, 2024, and New Hanover County has developed a framework to utilize these funds over the next three years to strengthen our community. The Board of Commissioners approved the initial framework at its April 5 board meeting and has approved updated budget resolutions in June 2021, September 2021 and January 2022. Each initiative has been vetted by county staff to ensure compliance with the law and the U.S. Treasury Department Rules and Guidance. Broadband Connectivity - $2,880,000 The Congressional language permits using the funds for broadband purposes, so the county has undertaken the following: Broadband Access: A program to connect around homes to broadband, focusing on households with children who qualify for Medicaid or Food and Nutrition benefits, for two years in order to increase access and affordability to reliable high-speed internet for students and families. ($2,880,000) Business and Employment Assistance - $3,902,112 The legislation allows for assistance to businesses and nonprofits. New Hanover County's leisure and hospitality sectors were particularly hard hit during the pandemic and the county has undertaken the following: Business Assistance: Business grants, scaled in size based on a business' number of employees, focused on the retail, service, leisure and hospitality sectors and child care facilities. ($2,302,112) Nonprofit Assistance: Grants to nonprofits that have been negatively impacted and were not able to continue operations at some point during the pandemic. ($700,000) Job Training: Two jobs programs, to be administered in partnership with Step Up Wilmington, to include a six -week paid job training and placement program for up to 200 people with a particular focus on the local film industry, and a six-month paid internship and job placement for an additional 10 to 20 people to develop long-term skills and employment. Includes administrative expenses equaling 5 percent of the programs' cost. ($900,000) Housing - $5,697,529 The legislation allows assistance to households who have been impacted by the COVID-19 pandemic and for the development of affordable housing, so the county has undertaken the following: Mortgage Assistance: Provide assistance to homeowners who are in arrears on mortgages because of impacts from COVID-19. This would be in addition to the $7 million Emergency Rental Assistance Program that is currently underway through the county. ($3,000,000) Workforce Rental Housing Assistance: A pilot project to provide residents who qualify under workforce housing guidelines — 60 percent to 120 percent of area median income — by providing direct payments to landlords. ($600,000) Board of Commissioners - March 21, 2022 Updated Jan. 24, 2022 ITEM: 13- 1 - 1 Starway Village Gap Financing: To support the development of nearly 300 affordable housing units off Carolina Beach Road. ($1,896,729) Housing Specialist: A position at the Department of Social Services to provide counseling around housing. ($100,800) Emergency Rental Assistance Program Manager: A position at the Department of Social Services to manage the ERAP program. ($100,000) Physical and Mental Health - $19,925,633 The well-being and mental health of children, students and seniors suffered during the pandemic and the legislation allows local governments to use funds to mitigate the public health impact of the pandemic. The county will use funds as outlined below to help address these issues and provide long- term positive impacts. With the exception of the infant and toddler initiatives, the intention is to fold the services into the county's continuation budget beginning in Fiscal Year 2023-24. Community Violence Initiatives: To support the Board's commitment to reduce violence in schools and the community through several innovative approaches. ($9,987,665) Mental Health in Schools: Ensure access at each public school to mental health counselors through the county's Health and Human Services Department. ($3,156,039) Mental Health for Seniors: Establish mental health counselors and a mobile health outreach team based at the Senior Resource Center to serve our county's older adults. ($332,215) Virtual Outreach Position: Based at the Senior Resource Center, the position develops and maintains virtual programs for the SRC, which allows broader reach and service delivery. ($86,406) School Nurses: Reclassify two school nurses into school nurse leads and provide one school nurse supervisor through the county's Health and Human Services Department, in addition to the school nurses that the county already provides at each school. ($211,892) Afterschool Transportation: Providing New Hanover County Schools students with transportation needs for afterschool and tutoring programs ($600,000) Health Educator: A health educator position. ($136,670) Senior Resource Center: A congregate site in southern New Hanover County for the Senior Resource Center for meal distribution and social interaction. It also provides for enhanced meal distribution at the SRC's existing sites. ($436,790) Senior Resource Center: To cover the costs of providing transportation to seniors for two years. ($247,500) Infant and Toddler Mental Health: Provide two years of recovery -related mental health services for families with infants and toddlers through five county staff positions at Health and Human Services. ($891,994) Infant and Toddler Mental Health Scholarships: To provide scholarships to mental health professionals to earn advanced certificates and training focusing on early childhood mental health. ($100,000) Board of Commissioners - March 21, 2022 Updated Jan. 24, 2022 ITEM: 13- 1 - 2 Pandemic Operations Team: Establish a dedicated team of professionals to manage the ongoing pandemic response. ($3,738,462) Infrastructure - $4,884,318 Congressional language explicitly allows the American Rescue Plan allocations for water and sewer projects. The county will use funds in the following ways: Stormwater Services: Cover and pay for stormwater utility costs, not including debt and reserve funds, in the unincorporated county for fiscal year 2021-22. The county anticipates assessing full fees beginning in fiscal year 2022-23. ($3,017,567) Water & Sewer: • Water and sewer infrastructure to support Habitat For Humanity's development of two affordable housing neighborhoods in northern New Hanover County. ($1,116,751) • Bill assistance program ($500,000) • To extend water and sewer to Eden Village, which is being established to address chronic homelessness in the community. ($250,000) Essential County Employees - $5,984,040 The American Rescue Plan allows for "premium pay" for employees who provided essential government services and for testing of the coronavirus, so the county has used funds in the following ways: Employee Pay: • Provide employee premium pay in fixed dollar amounts based on an employee's length of service during the pandemic and full- or part-time status. This is in recognition of county staff who have remained on the frontlines, continued important public services, and ensured residents received the help they needed at a time when it was critical. ($5,253,023) • Provide additional premium pay for employees working directly in the vaccine response to compensate them for their dedication, long hours and constant work in vaccinating our community and saving lives. ($331,017) Testing: • To provide weekly tests for unvaccinated employees ($400,000) Reserve and Administration - $2,270,000 The legislation allows the county to set aside funds as a reserve for potential future allowable expenses as well as funds to administer and provide reports as needed. • A reserve fund for administration and reporting, established at 5 percent of the total amount received. ($2,270,000) Total Amount of Funding Outlined in the County's Plan: $45,543,632 Board of Commissioners - March 21, 2022 Updated Jan. 24, 2022 ITEM: 13- 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Rebekah Roth, Planning and Land Use Director SU BJ ECT: Public Hearing Text Amendment Request (TA22-01) - Request by New Hanover County to Modify Articles 2, 3, 4, and 5 of the Unified Development Ordinance to Update Permissions and Standards for Wireless Telecommunications Facilities and to Perform Technical Fixes to Various Ordinance Provisions BRIEF SUMMARY: In response to concerns raised during a special use permit review process in Summer 2021 regarding telecommunications facilities in residential areas, the Board of Commissioners requested that Planning Staff work with Legal Staff to examine state statutes and explore potential amendments to the county's current telecommunications standards that would help address the concerns routinely brought up in these types of residential tower special use permit cases. The key intent of this amendment is to update standards and permissions for wireless support structures to reduce the potential visual impacts of wireless towers on nearby residential properties, require collocation when feasible, and prioritize nonresidential districts when new towers are needed. The amendment also includes a maintenance component to clean up and clarify various existing provisions and to codify current staff interpretations. The amendment consist of two components. The first component is an update to telecommunications standards and permissions consisting of the following changes: • Incorporation of state law that allows counties to require applicants to collocate new antenna and equipment onto existing nearby towers when feasible • Requirement that balloon tests be conducted at proposed tower sites in order to better simulate perceived visual impacts of residential towers • Refinement of aesthetic design standards like prohibiting lattice towers and requiring equipment be fully screened or hidden in non -industrial districts • Update to apply faux tree stealthing to towers proposed in residential districts except where certain site conditions exist or as allowed by condition of approval by the Board of Commissioners • Modernization of tower setbacks in commercial and industrial districts to reflect modern engineered fall zone practices • Adjustment to principal use permissions to allow new towers by right in commercial districts to incentivize developers locate within those districts rather than in residential areas The second component is a maintenance amendment consisting of the following changes: • Clarification of the county's current method of rounding fractions • Addition of a definition for Major Subdivision for clarity • Modification of superseding dimensional standards to allow Special Purpose Utility Lots for necessary public Board of Commissioners - March 21, 2022 ITEM: 14 infrastructure • Correction of a clerical error to allow Assisted Living Facilities within the B-1 Neighborhood Business District with a special use permit • Modernize outdated provisions for the submittal, review, approval, and appeals processes for Traffic Impact Analyses • Incorporation of a current staff interpretation of how street yard standards apply to multi -family districts • Clarification of how foundation planting areas are calculated to better align with the increased building heights recently allowed by the code The Planning Board considered the amendment at their February 2, 2022 meeting. No one spoke in favor or in opposition to the amendment. The Planning Board recommended approval of the request (4-0), finding it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the plan's implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods, and advances the county's efforts to ensure the tools in the code continue to work as they are intended. The board also found APPROVAL of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ I ncrease connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to modify permissions and standards for wireless telecommunication facilities and to perform maintenance to various identified provisions throughout the code. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the plan's implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods, and advances the county's efforts to ensure the tools in the code continue to work as they are intended. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. ATTACHMENTS: TA22-01 Scdpt TA22-01 Staff Report TA22-01 Summary Sheet - Telecommunications Board of Commissioners - March 21, 2022 ITEM: 14 TA22-01 Summary Sheet - Maintenance TA22-01 Draft Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 21, 2022 ITEM: 14 BOARD OF COMMISSIONERS SCRIPT for Text Amendment Application (TA22-01) Request by New Hanover County to modify Articles 2, 3, 4, and 5 of the Unified Development Ordinance to update permissions and standards for wireless telecommunications facilities and to perform technical fixes to various ordinance provisions. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentations and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff / Applicant presentation b. Supporters' presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the amendment request is reasonable and in the public interest. Example Motion for Approval Staff recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to modify permissions and standards for wireless telecommunication facilities and to perform maintenance to various identified provisions throughout the code. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the Plan's implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods, and advances the County's efforts to ensure the tools in the code continue to work as they are intended. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to modify permissions and standards for wireless telecommunication facilities and to perform maintenance to various identified provisions throughout the code. I find it to be [Consistent/Inconsistent] with the purpose and intent of the 2016 Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR TA22-01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA22-01 Request: To amend Articles 2, 3, 4, and 5 of the Unified Development Ordinance to update permissions and standards for wireless telecommunications facilities and to perform technical fixes to various ordinance provisions. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent: The key intent of this amendment is to update standards and permissions for wireless support structures to reduce the potential visual impacts of wireless towers on nearby residential properties, require collocation when feasible, and prioritize nonresidential districts when new towers are needed. The amendment also includes a maintenance component to clean up and clarify various existing provisions and to codify current Staff interpretations. Telecommunications Update • Incorporation of state law that allows counties to require applicants collocate new antenna and equipment onto existing nearby towers when feasible • Requirement that balloon tests be conducted at proposed tower sites in order to better simulate perceived visual impacts of residential towers • Refinement of aesthetic design standards like prohibiting lattice towers and requiring equipment be fully screened or hidden in non -industrial districts • Update to apply faux tree stealthing to towers proposed in residential districts except where certain site conditions exist or as allowed by condition of approval by the Board of Commissioners • Modernization of tower setbacks in commercial and industrial districts to reflect modern engineered fall zone practices • Adjustment to principal use permissions to allow new towers by right in commercial districts to incentivize developers locate within those districts rather than in residential areas Maintenance Amendment • Clarification of the County's current method of rounding fractions • Addition of a definition for Major Subdivision for clarity • Modification of superseding dimensional standards to allow Special Purpose Utility Lots for necessary public infrastructure TA22-01 Staff Report BOC 3.21.2022 Page 1 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 1 • Correction of a clerical error to allow Assisted Living Facilities within the B-1 Neighborhood Business District with a special use permit • Modernize outdated provisions for the submittal, review, approval, and appeals processes for Traffic Impact Analyses • Incorporation of a current Staff interpretation of how street yard standards apply to multi -family districts • Clarification of how foundation planting areas are calculated to better align with the increased building heights recently allowed by the code BACKGROUND In response to concerns raised during a special use permit review process in Summer 2021 regarding telecommunications facilities in residential areas, the Board of Commissioners requested that Planning Staff work with Legal Staff to examine state statutes and explore potential amendments to the County's current telecommunications standards that would help address the concerns routinely brought up in these types of residential tower special use permit cases. Based on existing residential development patterns and ongoing demand for telecommunication services in residential areas, it is likely that towers will continue to be proposed near existing residential communities. Additionally, current standards may make it more difficult for needed towers to locate in nonresidential areas. As a result, Staff has drafted an amendment to the UDO with three goals in mind: (1) reduce the potential impacts of wireless towers on nearby residential properties; (2) require collocation onto existing towers when possible; (3) and prioritize nonresidential districts when new towers are needed. Modifying the code to address these goals also provides Staff an opportunity to incorporate a few technical fixes into the amendment to clarify various code provisions that have been identified over the past several months. As mentioned during the UDO Project process and with past amendments, this type of maintenance amendment will be part of Staff's ongoing efforts to ensure that the tools in the ordinance continue to work the way they are intended. This request consists of two primary categories: a telecommunications standards update and a maintenance amendment component. 1111144:1601 AIJilllZI[•f_A111[01►HUI2I7_A1114 Collocation onto Existing Towers The amendment incorporates a state law provision that allows the County to require evidence that new antenna and equipment cannot be collocated onto an existing tower in the applicant's search ring. Applicants for new towers would be required to submit information with their application package explaining why collocation is not reasonably feasible. Per state law, collocation is not reasonably feasible if collocation is technically or commercially impractical or if the owner of an existing tower is unwilling to enter into a contract with an applicant. Staff has already modified the special use permit application to include this provision, but this amendment would codify the requirement in the UDO. TA22-01 Staff Report BOC 3.21.2022 Page 2 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 2 Balloon Tests The amendment requires that applicants now conduct balloon tests at proposed residential tower sites as a way of demonstrating a proposed tower's perceived visual impact on surrounding residential areas. Currently, balloon tests are not mandated by the code but are sometimes voluntarily performed by tower applicants. The amendment establishes a standard procedure for tests to ensure consistency across applications, including a minimum size of balloon used (3-feet in diameter), and that tests now provide the basis for the photographic simulations required by the code, which previously had no method of determining scale or quality assurance. Aesthetic Design Standards The amendment clarifies that monopole structures are permitted and that lattice type structures are prohibited in residential and commercial districts. Towers in those districts are also required to conceal antenna, cables, and other equipment, either within the cannister or through an alternative method of screening. The amendment also reorganizes wireless support structure provisions to clarify that these new aesthetic standards do not apply to towers in industrial districts, where towers have always been allowed by right and visual impacts to residential areas have been less of a concern. Faux Tree Stealthing The amendment requires new towers that are proposed within general residential districts (RA, AR, R-20, R-205, R-15, R-10, R-7, or R-5) utilize faux tree stealthing unless located within an area containing existing dense tree clusters that would otherwise shield it from view from nearby existing single-family or duplex homes or platted residential lots. As drafted, the type of faux stealthing must match a species of tree located within the nearby tree clusters. The amendment includes a provision where the Board of Commissioners could exempt a residential tower from utilizing faux tree sheathing with a condition of approval on the special use permit, which may be helpful in preventing situations where a faux tower would result in a greater visual impact than a standard monopole structure. Setbacks in Commercial and Industrial Districts The amendment reduces setbacks for towers in nonresidential districts to reflect modern engineering practices and to incentivize developers to locate within those areas rather than in residential districts. Changes in engineering over time have resulted in wireless towers utilizing engineered fall zones, where towers are designed in a way where if they were to fall, they would do so well within an area the height of the tower. Currently, tower setbacks are applied from residentially zoned areas at a distance equal to the height of the tower, and in no case may be less than 50 feet from the property line. As drafted, any tower in a nonresidential district would be subject to that tower's specific fall zone, which is required to be certified by a licensed professional engineer to maintain public safety at a setback distance less than the height of the tower. Wireless Support Structures Allowed By -Right in Commercial Districts The amendment proposes allowing wireless support structures by right in commercial districts to incentivize developers to locate towers within those districts rather than residential districts. Tower developers would be subject to administrative Technical Review Committee approvals in these areas, whereas developers proposing new towers in residential areas would still be TA22-01 Staff Report BOC 3.21.2022 Page 3 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 3 required to go through the existing quasi-judicial special use permit process. Towers are currently allowed by right in the I- I, Light Industrial, and 1-2, Heavy Industrial, districts. MAINTENANCE AMENDMENT Method of Rounding The amendment clarifies and codifies the County's current practice of rounding, which applies the general mathematical rule that any calculation or measurement less than 0.5 rounds down to the nearest whole number, and anything 0.5 or greater would round up. For example, a parking calculation that results in a required minimum of 21.2 parking spaces would be rounded down to 21 parking spaces, and a calculation resulting in 21.8 parking spaces would be rounded up to 22 parking spaces. Manor Subdivision Definition The amendment adds a definition for Major Subdivision to further clarify that a major subdivision is considered any subdivision exceeding the criteria for a minor subdivision. As currently applied, a major subdivision would be any subdivision that exceeds five lots, includes any new street, or requires drainage improvements or easements to serve the subdivision. Special Purpose Utility Lots The amendment codifies Staff's prior practice of allowing for the creation of Special Purpose Utility Lots to reduce the acreage required for necessary public infrastructure. As the Cape Fear Public Utility Authority extends water and sewer into the northern part of the county, it became aware that the current ordinance could be interpreted to require up to an acre of land for pump stations, well sites, elevated water tanks, and other types of utility uses like electric substations and telecommunications equipment. Special Purpose Utility Lots, defined as parcels that are used solely for a public utility, would not be required to meet the minimum lot size, dimensions, or access requirements of the underlying zoning district. Utility uses on special purpose lots would, however, still be held to the UDO's requirements for stormwater, parking, lighting, tree retention, landscaping and buffering, signs, airport height restrictions, and other applicable codes. Senior Living: Assisted Living Facilities as S* in B-1 The amendment fixes a clerical error by allowing the Senior Living: Assisted Living Facility use in the B-1 district with a special use permit and subject to use -specific standards. Currently, the Senior Living: Continuing Care Retirement Community use, which is a combination of Independent and Assisted Living Facilities, is allowed in the B-1 with a special use permit while standalone Assisted Living Facilities are prohibited. Correcting this error would result in more consistent Senior Living use permissions. Traffic Impact Analysis Process The amendment modernizes outdated provisions for the submittal, review, approval, and appeals processes for Traffic Impact Analyses (TIAs) to reflect the procedures implemented by the North Carolina Department of Transportation (NCDOT) and Wilmington Urban Area Metropolitan Planning Organization (WMPO), who exercise such authority over TIAs. Since these requirements were added to the ordinance in 2002, the TIA process has changed, and the section can now be misleading for applicants as it is not aligned with current practices. This amendment addresses this confusion, and potentially alleviates the need for further revisions to this section of the code, by stating that developments within the County that trigger the 100 TA22-01 Staff Report BOC 3.21.2022 Page 4 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 4 peak hour trip generation threshold established by the ordinance must follow the current TIA process established by the NCDOT and WMPO. Street Yard Standards for RMF Districts The amendment incorporates a current Staff interpretation that multi -family developments in multi -family districts (RMF-L, RMF-M, RMF-MH, and RMF-H) are subject to the same street yard standards as multi -family developments in other districts. Foundation Plantings The amendment clarifies how foundation plantings are calculated to better align with the increased building heights recently allowed by the code. The change makes clear that the foundation planting area is based on the area of the first floor of a building face rather than the entire fa5ade with the goal of preventing unintended excessive landscaped areas for taller structures. As drafted, the required foundation planting area is 1 2% of the area of the first - floor building face, or building face up to 25-feet in height, whichever is less, adjacent to parking area or internal drive, consistent with current intent. PROPOSED AMENDMENT The proposed text amendment drafts and supplemental summary sheets are attached, with red italics indicating new language and s#r+kethreug1i indicating provisions that are removed. PLANNING BOARD ACTION The Planning Board considered this request at their February 2, 2022 meeting. No one spoke in favor or opposition to the amendment. The Board recommended approval of the request (4-0), finding it to be: CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the Plan's implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods, and advances the County's efforts to ensure the tools in the code continue to work as they are intended. The Board also found APPROVAL of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to modify permissions and standards for wireless telecommunication facilities and to perform maintenance to various identified provisions throughout the code. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the Plan's implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods, and advances the County's efforts to ensure the tools in the code continue to work as they are intended. I also TA22-01 Staff Report BOC 3.21.2022 Page 5 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 5 find APPROVAL of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. TA22-01 Staff Report BOC 3.21.2022 Page 6 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 6 Subject Articles and Sections Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.1: General o Section 3.1.3, Superseding Dimensional Standards Article 4: Uses and Use -Specific Standards • Section 4.2: Allocation of Principal Uses o Table 4.2.1, Principal Use Table • Section 4.3: Standards for Specified Principal Uses o Section 4.3.3, Civic & Institutional Uses Article 5: General Development Standards • Section 5.2: Traffic, Access, and Connectivity o Section 5.2.4, Traffic Impact Analysis • Section 5.4: Landscaping and Buffering o Section 5.4.6, Street Yard Standards o Section 5.4.7, Foundation Plantings TA22-01 Staff Report BOC 3.21.2022 Page 7 of 7 Board of Commissioners - March 21, 2022 ITEM: 14- 2 - 7 Telecommunications Update Code Sections Affected Table 4.2.1, Principal Use Table Subsection 4.3.3.C, Communication and Information Facilities Key Intent • Reduce the potential visual impacts of wireless towers on nearby residential properties • Require collocation onto existing towers when possible • Prioritize nonresidential districts when new towers are needed Changes The amendment incorporates a state law provision that allows the County to require evidence that new antenna and equipment cannot be collocated onto an existing tower in the applicant's search ring. Applicants for new towers would be required to submit information with their application package explaining why collocation is not reasonably feasible. Staff has already modified the special use permit application to include this provision, but this amendment would codify the requirement in the UDO. (See Subsection 4.3.3.C) Special use permit applicants would be required to conduct balloon tests at proposed tower sites. These tests are sometimes voluntarily performed by tower applicants as a way of demonstrating a proposed tower's visual impact, though the code does not currently require them. The amendment would make tests a required part of a special use permit application submittal package (See Subsection 4.3.3.C) The amendment clarifies that monopole structures are permitted and that lattice type structures are prohibited in residential and commercial districts. Towers in those districts are also required to conceal feed lines, antenna, and other equipment, either within the cannister or through an alternative method of screening. Towers located within general residential districts (RA, AR, R- 20, R-20S, R-15, R-10, R-7, or R-5) must utilize faux tree stealthing in specific situations. (See Subsection 4.3.3.C) The amendment reduces setbacks for towers in nonresidential districts to incentivize developers to locate within those areas rather than in residential districts. Currently, tower setbacks are applied from residentially zoned areas at a distance equal to the height of the tower. As drafted, towers in nonresidential districts would be subject to engineered fall zones, which are certified to maintain public safety at a setback distance less than the height of the tower. (See Subsection 4.3.3.C) Wireless support structures are proposed as allowed by right in commercial districts to incentivize developers to locate towers within those districts rather than residential districts. Tower developers would be subject to administrative Technical Review Committee approvals in these areas, whereas developers would be required to go through the special use permit process in residential areas. Towers are currently allowed by right in the 1-2 and 1-2, Light and Heavy Industrial, districts. (See Table 4.2.1) Board of Commissioners - March 21, 2022 ITEM: 14- 3 - 1 Maintenance Amendment Code Sections Affected Key Intent Section 2.1 Perform technical fixes that have been identified in recent months in order to clean Measurements up and clarify assorted ordinance provisions Section 2.3 Definitions Changes Section 3.1.3 The amendment codifies the County's current practice of rounding, which Superseding applies the general mathematical rule that any calculation or measurement Dimensional Standards less than 0.5 rounds down to the nearest whole number, and anything 0.5 or greater would round up. (See Section 2.1) Table 4.2.1 Principal Use Table The amendment adds a definition for Major Subdivision, which is considered any subdivision exceeding the criteria for a minor subdivision. (See Section 2.3) Section 5.2.4 Traffic Impact Analysis The amendment adds provisions allowing for the creation of Special Purpose Utility Lots to reduce the acreage required for necessary public infrastructure. Section 5.4.6 (See Section 3.1.3) Street Yard Standards The amendment fixes a clerical error by allowing the Senior Living: Assisted Section 5.4.7 Living Facility use in the B-1 district with a special use permit and subject to Foundation Plantings use -specific standards. (See Table 4.2.1) • The amendment modernizes outdated provisions for the submittal, review, approval, and appeals processes for Traffic Impact Analyses and brings them in line with the procedures implemented by the North Carolina Department of Transportation (NCDOT) and Wilmington Urban Area Metropolitan Planning Organization (WMPO). (See Section 5.2.4) • The amendment incorporates a current Staff interpretation that multi -family developments in multi -family districts are subject to the same street yard standards as multi -family developments in other districts. (See Section 5.4.6) • The amendment clarifies how foundation plantings are calculated to better align with the increased building heights recently allowed by the code. The change makes clear that the foundation planting area is based on the area of the first floor of a building face rather than the entire facade with the goal of preventing unintended excessive landscaped areas for taller structures. (See Section 5.4.7) Board of Commissioners - March 21, 2022 ITEM: 14- 4 - 1 TA22-01 Draft Amendment Board of Commissioners 2022-03 2.1 Measurements CALCULATIONS AND ROUNDING Unless otherwise expressly stated, all calculations that result in a part or a fraction of a whole number shall round as follows: 1. Any fractional result less than 0.5 shall be rounded down to the next (lower) consecutive whole number; and 2. Any fractional result of 0.5 or more shall be rounded up to the next consecutive (higher) whole number. 2.3 Definitions MAJOR SUBDIVISION See "Subdivision, Major". SPECIAL PURPOSE UTILITY LOT A lot used solely for the purpose of accommodating a public utility that is not required to meet the minimum district dimensional standards of the underlying zoning district. SUBDIVISION, MAJOR Any subdivision that exceeds this ordinance's criteria for a minor subdivision and is not exempted under NCGS 160D-802. 3.1.3. Superseding Dimensional Standards G. Special Purpose Utility Lots Special purpose utility lots that do not meet the minimum district dimensional standards may be approved by the Planning Director, or other applicable approval authority, under the following circumstances: 1. The use of the Special Purpose Utility Lot shall be limited to the following uses as defined in this ordinance: Electric Substation; Communications and Infrastructure uses; and General Utility Lines, Structures, and/or Facilities. 2. The use is allowed in the zoning district subject to the principal use permissions of Table 4.2.1: Principal Use Table. 3. The use meets any applicable use -specific and general development standards required by this ordinance and all other applicable codes. 1 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 1 TA22-01 Draft Amendment Board of Commissioners 2022-03 4.2.1 Principal Use Permissions 4.2.1: PrincipalTable Key: P Permitted by Right S = Special Use Permit Required Specific Use Standards Zoning District Apply in District blank cell not allowed x -E Use x Q a. N N ��i r` 111 0 m fV aj C' Q C' OC OC OC d m U m O N N Q Vf Group Living Senior Living: Assisted Living S * S * S * S * S S S S S P P S S S 4.3.2 Facility Communication and Information Facilities Other Wireless Communication Facilities including Wireless Support S* S* S* S* S* S* S* S* S* S* S* S* S* S* �P -SP -SP -SP -SP �P -SP P* P* 4.3.3 * * * * * * * Structures & Substantial Modifications Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 2 2022-02 Maintenance Amendment Planning Board Draft 4.3.3 Civic and Institutional Uses C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5), multi family districts, and residentially designated portions of master planned developments shall be a Concept to nresid nti distance equal to the height of the wireless facility, as measured from the base of towers in nonresidential the wireless facility to the tallest point, including lightning rods or similar districts with reduced appurtenances. setbacks 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facility's engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed the distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. b. Certification Required All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. 3 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 3 2022-02 Maintenance Amendment Planning Board Draft c. Expert Review Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study or a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision -making body. 2. If the applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision -making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. d. Signage Signage shall comply with the following standards. 1. Attaching commercial messages for off -site or on -site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; V. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. 2. Amateur Radio Antenna Except for in the 1-1 and 1-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 3. Antenna & Towers Ancillary to the Principal Use Except for in the 1-1 and 1-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 4 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 4 2022-02 Maintenance Amendment Planning Board Draft 4. Collocations a. Wireless collocations attached to existing structures that are not considered non - substantial modifications shall not add more than six feet to the overall height of a structure. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. S. Non -Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non -substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures; and illumination. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards For All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to Existing standards screen the exterior of protective fencing or walls. The base station and equipment (black italics) have compound of the wireless support structure and each guy wire anchor must be been relocated for surrounded by a fence or wall not less than eight feet in height. clarity 2. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. 5 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 5 2022-02 Maintenance Amendment Planning Board Draft 3. Equipment compounds shall comply with the following standards: Existing standards i. Shall not be used for the storage of any equipment or hazardous waste (black italics) have (e.g., discarded batteries) or materials not needed for the operation. No been relocated for outdoor storage yards shall be allowed in a tower equipment compound. clarity ii. Shall not be used as a habitable space. 4. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. b. Additional Standards for New Wireless Support Structures and Substantial Modifications Allowed By -Right The following standards shall apply to wireless support structures and substantial Concepts to modifications allowed by -right: address structural 1. Except in the 1-1 and 1-2 districts, wireless support structures shall be monopole or and aesthetic unipole construction; guyed or lattice -type towers are prohibited. design standards 2. Except in the 1-1 and 1-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits Setbacks for all wireless facilities addressed in Subsection 4.3.3.C.1.a Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. Nee .-,,,1,,,.*,,,n On *-pace-,.- may be rt nted f.,rthis u-se f.,r in d h,iffers 1. The applicant shall provide evidence that collocating new antennae and Concept to require equipment on an existing wireless support structure or structures within the collocation when applicant's search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if feasible, per the collocation is technically or commercially impractical or the owner of the 160D-933(c) existing wireless support structure is unwilling to enter into a contract for such use at fair market value. 2. The applicant shall conduct a balloon test prior to the submittal of PF9Vffide Concept to require simulated photographic evidence of the proposed appearance of the wireless balloon tests support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of 0 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 6 2022-02 Maintenance Amendment Planning Board Draft Concepts to address structural and aesthetic design standards Concept to require faux tree stealthing where applicable in general residential districts the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. 3. Wireless support structures shall be monopole or unipole construction; guyed or lattice -type towers are prohibited. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. 5. Wireless support structures located within general residential districts (RA, AR, R- 20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single-family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. - - ------------------ 1-1.1 -------- ...... 111111111 d. Standards for Nonconforming Wireless Support Structures Any wireless support structure and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and/or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation opportunities on the wireless support structure, or provides 7 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 7 2022-02 Maintenance Amendment Planning Board Draft additional antenna space on the wireless support structure; and provided further than the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: i. The district in which the wireless support structure is located would allow the increase by right, or ii. The wireless support structure was originally permitted as a special use permit and applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. 2. A wireless support structure shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5, Special Use Permit. 5.2.4. Traffic Impact Analysis `"'^ et Impact WE)rL_heet t , the Planning Direeter f.,r y rificatien A. Where an application the .yA_rks;h^^+ indicates estimated traffic generation of 100 or more peak hour trips according to the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, the applicant shall be required to provide a Traffic Impact Analysis (TIA) in accordance with the standards, practices, and policies of the North Carolina Department of Transportation (NCDOT) and the Wilmington Urban Area Metropolitan Planning Organization (WMPO). If a TIA is required to be submitted, the applicant or the applicant's consulting engineer shall follow all scoping, submittal, review, approval, and appeal procedures promulgated by the NCDOT and WMPO. request apre -app..cac.o.i coin.c.c..cc vdlc.i the Planning Director, the MP9 C. All TlAs shall be prepared by a 1*c_-P_.nr.P_d_ Traffic Engineer thathas reelevant prefessienal experience by the licensed and qualified TFaffie Eng-peer ;and- S-H-hMitted- te the Planning PiFeete­r fA-.r revie� (TE) the extent applicable, general guida.n.ee -;;.n.r-1 Sta.n.d.a.re-IS f.A-.r t.raffic impact analyses us eutli 2002-4 D. The Planning Directer, in eel la bhAeiratleein iuvwth the IMP00 Ce-eeirdinateeir and NCDQT, shall determine section, E)r whp-thp-.radditional analysis or mitigation us necessary based en ident4iable Coordinator, a_.nd _an NIC-DOT Traffic Engineer to detelrrnine the SCope Of the TIA. (EleCtrO Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 8 2022-02 Maintenance Amendment Planning Board Draft ■ . ...... . .. ..... .. M-1 H. Nothing in this section may be construed to exempt an applicant from obtaining other applicable approvals from the NCDOT, including but not limited to a NCDOT Driveway Permit. 5.4.6. Street Yard Standards TableStandards Zoning District or Use Required Area • 25 square feet for every linear foot of B-2, CS, I-1, I-2, AC street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet B-1, CB, O&I, RMF-L, RMF-M, RMF-MH, RMF-H, EDZD, • 18 square feet for every linear foot of UMXZ Districts street yard frontage Developments with Additional Dwelling Allowance or • Minimum street yard width: 9 feet High -Density Development Special Use Permit • Maximum street yard width: 27 feet • 12 square feet for every linear foot of Non -Residential Uses in Residential Districts street yard frontage • Minimum street yard width: 8 feet • Maximum street yard width: 18 feet — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. — The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback. — The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. 0 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 9 2022-02 Maintenance Amendment Planning Board Draft 5.4.7. Foundation Plantings A. Foundation plantings located between the building face and the parking lot or drive aisle shall be required for all portions of buildings adjacent to parking lots or internal drive aisles. B. The following minimum standards are required, though additional landscaping is encouraged: 1. The foundation planting area shall be a minimum of 12 percent of the area of the first floor building face, or building face up to 25 feet in height, whichever is less, adjacent to the parking area or internal drive; and. 2. The foundation planting area shall be planted as landscaped areas of sufficient variety, height, and size, with plantings listed in "Tree and Plant Materials for Landscaping." C. Exemptions from foundation plantings maybe granted by the Planning Director when the following circumstances exist or when any of the following conditions are proposed on the site: 1. For those portions of buildings that have drive -up services (e.g., pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.); and 2. On the rear side of a building when less than 10 percent of the total required parking is located in the rear of the building and the rear is not adjacent to any public right-of-way. 10 Board of Commissioners - March 21, 2022 ITEM: 14- 5 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Olson-Boseman CONTACT(S): Kym Crowell, Clerk to the Board SU BJ ECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Adult Care Home Community Advisory Committee • New Hanover County Health and Human Services Board • New Hanover County Juvenile Crime Prevention Council • New Hanover County Special Board of Equalization and Review STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: New Hano%er County Adult Care Home Community Ad\isory Committee New Hanoeer County Health and Human Services Board New Hanover County Ju\,enile Crime Pre\ention Council New Hanover County Special Board of Equalization and Review COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made: New Hanover County Adult Care Home Community Advisory Committee: Helen Hepbron was appointed. Board of Commissioners - March 21, 2022 ITEM: 15 New Hanover County Health and Human Services Board: Mariel Leah Mayo was appointed in the At-Large/Consumer of Human Services category. Branch Smith was appointed in the Professional Engineer category. New Hanover County Juvenile Crime Prevention Council: Cecilia. Reyna was appointed in the Juvenile Defense Attorney category. New Hanover County Special Board of Equalization and Review Regular Members: Gloria M. Green was appointed in the Real Estate Broker category. Clayton Hamerski was reappointed in the Realtor/Real Estate Broker category. Hector Ingram was appointed in the Certified Real Estate Appraiser category. Mike Musselwhite was appointed in the Single Family Residential Property Owner category. Christopher G. Stewart was appointed in the Real Estate Broker/Insurance Adjuster category. Alternate Members: Fred Gainey was appointed in the Realtor/Real Estate Broker category. John Weaver was appointed in the Attorney/Single Family Residential Property Owner category. Brad White was reappointed in the Certified Real Estate Appraiser category. Chair: Christopher G. Stewart was appointed Chair. Board of Commissioners - March 21, 2022 ITEM: 15 COMMITTEE APPOINTMENT New Hanover County Adult Care Home Community Advisory Committee Vacancy: Term: 3 years, expiring 3/31/25 Eligible For Applicants Reappointment Nominations Helen Hepbron (Seeking 3rd Term) Attachments: Committee Information Sheet Application Board of Commissioners - March 21, 2022 ITEM: 15- 1 - 1 NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 (1 member for each permitted facility). The Adult Care Home Administrators may nominate one-third of the members. If possible, one member must be a person involved in the area of intellectual disability. Compensation: None, but may be reimbursed for actual expenses. Term of Office: 1-year term initially; 3-year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in-laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the wellbeing of residents and encourages community involvement. Statute establishing Committee: NCGS 131D-31. Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Marla Barthen Initial 12/16/19 12/31/20 710 Arnold Rd. First 12/7/20 12/31/23 Wilmington, NC 28412 937-243-7886(C) Shirley T. Fowler Initial 3/24/14 3/31/15 945 Radnor Road First 3/16/15 3/31/18 Wilmington, NC 28409 Second 3/12/18 3/31/21 910-397-0987 (H) 910-620-7198 (C) Third 9/20/21 3/31/24 Ursula A. Greene Initial 8/12/19 8/31/20 610 Taylor St. First 8/24/20 8/31/23 Wilmington, NC 28401 910-231-2727 Helen Hepbron Initial 3/16/15 3/31/16 1313 Legacy Lane First 3/21/2016 3/31/19 Wilmington, NC 28411 910-686-4770 (H) 910-233-8288 (C)n. Second 3/18/19 e r 3/31/22 4-er n/j Carolyn Jackson Initial 5/21/ 8 5/31/19 610 Varsity Drive First 5/30/2019 5/31/2022 Wilmington, NC 28403 910-520-6083 (C) Board of Commissioners - March 21, 2022 ITEM: 15- 1 - 2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 Second 12/7/09 12/31/12 910-458-2584 (H) 910-619-0762 (C) Third 9/16/13 9/30/16 Fourth 9/19/16 9/30/19 Fifth 9/16/19 9/30/22 Denice Shackelford Initial 12/14/15 12/31/16 114142"d Street First 12/19/16 12/31/19 Wilmington, NC 28403 Second 12/16/19 12/31/22 910-386-2000 (C) Ida R. Smith Initial 12/14/15 12/31/16 2410 Chestnut Street First 12/19/16 12/31/19 Wilmington, NC 28405 Second 12/16/19 12/31/22 910-763-9136 (H) 910-520-6790 (C) Shirley Southard Initial 12/16/19 12/31/20 7725 Market St. First 12/7/20 12/31/23 Wilmington, NC 28411 910-686-2449 (H) 910-815-6175 (W) Islah Speller Initial 5/18/20 3/31/21 410 N. 71h Street First 3/15/21 3/31/24 Wilmington, NC 28401 910-795-8597 (C) 910-715-1029 COG Long Term Care Ombudsman: File: Adult Jeff Brunsink Revised: 9/2021 Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28403 910-395-4553 Board of Commissioners - March 21, 2022 ITEM: 15- 1 - 3 Long, Melissa From: application@webformsnhcgov.com on behalf of Helen Hepbron <application@webformsnhcgov.com> Sent: Friday, March 4, 2022 2:11 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Adult Care Home Community Advisory Committee ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Adult Care Home Community Advisory Committee Name Helen Hepbron Email hepbronCcDaol.com Home Address 713 Zekes Run Wilmington, North Carolina 28411 United States MaD It Mailing Address (if different from home address) United States Map It Home Phone (910)233-8288 Cell Phone (910) 233-8288 Business Phone (919) 233-8288 Years living in New Hanover County 28 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age 78 Do you have a family member employed by New Hanover County? 1 Board of Commissioners - March 21, 2022 ITEM: 15- 1 - 4 M Applicant's Employer N/A Occupation Self employed- real estate Volunteer Activities Assistance League of Greater Wilmington Why do you wish to serve on this board or committee? Renewal- serving on committee presently What areas of concern would you like to see addressed by this committee? None at this time Qualifications for serving: Serving on committee now Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Brenda Hughes Reference 1 Phone (910)200-2404 Reference 2 Cathi Anderson Reference 2 Phone (910) 228-3625 Reference 3 Sandra Oglesby Reference 3 Phone (910)409-7952 Date 03/03/2022 Consent E understand that any board or committee appointee may be removed without cause by a majority of County s Commissioners. s 2 Board of Commissioners - March 21, 2022 ITEM: 15- 1 - 5 COMMITTEE APPOINTMENT New Hanover County Health and Human Services Board Vacancies: 2 Categories: At-Large/Consumer of Human Services, Professional Engineer Terms: At-Large/Consumer of Human Services — unexpired, expires 7/31/25 Professional Engineer— unexpired, expires 7/31/23 Eligible For Applicants Category Reappointment Nominations Andrew Blank At-Large/Consumer of Human Services Ellen T. Bryden At-Large/Consumer of Human Services Mariel Leah Mayo At-Large/Consumer of Human Services Branch Smith Professional Engineer Stan Smith At-Large/Consumer of Human Services Attachments: Committee Information Sheet Application Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 1 NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES BOARD Number of Members: 15, appointed in categories as follows 1 Licensed Physician 1 Licensed Pharmacist 1 Licensed Dentist 1 Licensed Optometrist 1 Licensed/Registered Nurse 1 Licensed Veterinarian 1 Professional Engineer 4 At-Large/Consumers of Human Services 1 County Commissioner 1 Licensed Psychologist 1 Licensed Social Worker 1 Licensed Psychiatrist Terms: Staggered initially; 4 years thereafter; no member shall serve more than two (2) full consecutive terms. A county commissioner's term shall be consistent with the New Hanover County Board of Commissioners appointing practices and shall serve only as long as the member is a county commissioner per NCGS 153A-77(c). Regular Meetings: Meetings are held on the third Tuesday of every month at 8:00 a.m. Statute or cause creating Board: NCGS 153A-77; BOCC resolution adopted March 18, 2019 Brief on the functions: The consolidated human services board appointed by the board of county commissioners shall serve as the policy -making, rule -making, and administrative board of the consolidated human services agency. Please refer to NCGS 153A-77(d) for further detail. TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Dr. Virginia W. Adams 331 Hidden Valley Road At-Large/Human Srvs. First 6/17/19 7/31/23 Wilmington, NC 28409 Consum. 910-367-9920(C) Dr. Matthew Cox 107 Bradley Pines Drive Optometrist Unexpired 7/31/23 Wilmington, NC 28403 7/13/21 336-263-4687 (H) Dr. Kara Duffy 2212 Chestnut Street Veterinarian First 7/13/21 7/31/25 Wilmington, NC 28405 609-354-8519(H) Aitza Galarza-Hernandez, PhD 7517 Quail Woods Road Psychologist Unexpired 7/31/25 Wilmington, NC 28411 2/21/22 910-431-1773 (C) 910-202-9113 (W) Dr. Delma Kinlaw 1140 Arboretum Drive Dentist Unexpired 7/31/25 Wilmington, NC 28405 10/18/21 919-649-1524 (C) R. Thomas Mathew, MD 2624 Coulter Place Psychiatrist Unexpired 7/31/23 Wilmington, NC 28409 1/24/22 910-616-1675 (C) 910-343-8424 (W) Linda "Candy" Robbins 4611 Split Rail Drive Social Worker First 6/17/19 7/31/23 Wilmington, NC 28412 910-392-2200 (H) Frankie Roberts 121 Hargrove Drive At-Large/Human Srvs. First 6/17/19 7/31/23 Wilmington, NC 28411 Consum. 910-762-4635 (W) 910-262-1600 (C) Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 2 NEW HANOVER COUNTY CONSOLIDATED HUMAN SERVICES (CONT.) TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Dr. Stephanie D. Smith 5225 Clear Run Drive Nurse First 6/17/19 7/31/23 Wilmington, NC 28403 910-279-9830 (C) 910-962-4222 (W) Dr. Kim Thrasher Horne, Vice -Chair 6423 Shinnwood Road Wilmington, NC 28409 Pharmacist First 6/17/19 7/31/23 910-452-2901(H) 910-619-3755(C) 910-332- 9540(W) Dr. LeShonda Wallace, Chair 7728 Gable Run Drive At-Large/Human Srvs. First 6/17/19 7/31/21 Wilmington, NC 28411 Consum. Second 7/13/21 7/31/25 973-342-0979(C) 910-662-9348(W) Dr. David W. Zub 6811 Finian Dr. Physician Unexpired 7/31/21 Wilmington, NC 28409 First 7/13/21 7/31/25 910-799-2627 (H) 336-561-9112 (C) Vacant At-Large/Human Srvs. 7/31/25 Consum. Vacant Professional Engineer 7/31/23 Jonathan Barfield, Jr., County Commissioner 230 Government Center Drive, Ste. 175 County Commissioner 12/20/21 Undesignated Wilmington, NC 28403 910-798-7149 (NHC Office) Contact: Donna Fayko Health and Human Services Director 1650 Greenfield St. Revised: 02/2022 Wilmington, NC 28401 910-798-7199 f i r Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 3 Long, Melissa From: application@webformsnhcgov.com on behalf of Andrew Blank <application@webformsnhcgov.com> Sent: Friday, March 4, 2022 3:58 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Health and Human Services Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Health and Human Services Board Category At-Large/Consumers of Human Services Name Andrew Blank Email blankir.andrew(a-)gmail.com Home Address 619 N. 4th Street Ste 203 Wilmington, North Carolina 28401 United States Map It Home Phone (619) 987-0753 Years living in New Hanover County 1 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 29 Do you have a family member employed by New Hanover County? No Applicant's Employer Novant Health Occupation 1 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 4 Healthcare Project Manager/Internal Consultant Professional Activities Novant Health, Internal Consultant, 2021-Present Apply broad -based knowledge and experience leading cross -functional teams to develop and implement strategic initiatives, identify gaps, develop and support the implementation of process improvement mechanisms, and streamline administrative workflows to foster long-term sustainability of human resources department serving 35,000 team members. - Develop current state process maps, innovate process improvements, and catalyze future state processes delivering immediate value through increased efficiency, accuracy, and impact. - Facilitate policy and procedure integration of New Hanover Regional Medical Center and Novant Health networks. - Pioneer veteran recruiting and internship pilot program; recruit and retain top talent; bridge transition gap. - Orchestrate employee fitness center expansion through theory -grounded, evidence -based best practices. UC San Diego Center for Community Health, Refugee Health Intern, 2020-2021 Shepherded rapid growth of the San Diego Refugee Communities Coalition, a collective of 11 ethnic community -based organizations. As primary technical expert, trained community health workers (CHWs) about state and local COVID-19 response, health literacy, social determinants of health, and other topics. Amplified community voices to build power and equity. - Elicited, synthesized, and articulated refugee community strengths and challenges; developed action -oriented donor and community engagement materials to dispel myths, dignify people, and advance multisectoral policy interventions. - Designed and conducted COVID-19 impact research in support of organizational policy planning summit; examined key issues affecting 306 refugee families; identified and dismantled barriers to well-being; furthered equity at system level. - Engineered CHW performance reporting mechanism for coalition members; increased efficiency, assured quality, streamlined monitoring and evaluation; mechanism adopted by San Diego County Health and Human Services Agency. - Performed focus group evaluation of mental health intervention for refugee youth; generated actionable insights. - Delivered wide range of COVID-19 tools and resources tailored to refugee communities. - Advanced grant proposal development to support the organization's complex evidence -based initiatives. Volunteer Activities Outreach and Events Committee, Cape Fear River Watch, Wilmington, NC, 2022-Present Youth Reading Mentor, Traveling Stories, San Diego, CA (Remote), 2022-Present Connections Team Lead, Makers Church, San Diego, CA, 2020-2021 Impact Team Advisor, Makers Church, San Diego, CA, 2020-2021 Unhoused Youth Mentor, The Coffee Oasis, Bremerton, WA, 2017, 2018-2019 Youth Refugee Mentor, International Rescue Committee, Baltimore, MD, 2013-2014 Patient Care Volunteer, Center for Joint Replacement, Anne Arundel Medical Center, Bowie, MD, 2010-2012 Why do you wish to serve on this board or committee? Health is a human right. Health outcomes vary as a function of the social determinants of health and equity. The NHC Board of Commissioners recognized racism as the force behind "persistent discrimination and disparate outcomes in many areas of life" and "the reduction of Racial inequity as a critical priority and essential to effective and systemic delivery of health and human services." NHC's long history of systemic racism has persisted long after Wilmington became the final Confederate port to fall to the Union, the 1898 white supremacist coup, and the "separate but equal" healthcare era of James Walker Memorial and Community hospitals. Today, life expectancy varies across census tracts from 68.4 to 85.8 years (Millbrook and Market St., respectively). The former is 87.7% White and 8.2% Black; the latter is 34.1 % White and 62.6% Black. Infant mortality rate is 14.5 deaths per 1,000 live births for Black families and 5.58 for White families. Nearly 10% of New Hanover County is uninsured, falling short of the Healthy NC 2030 target of 8%. Endless indicators of systemic racism demonstrate the need for comprehensive healthcare reform in New Hanover County. I'm eager to join the Health and Human Services Board to increase equitable access to health —a state of complete physical, mental and social well -being —for New Hanover County's historically marginalized communities. What areas of concern would you like to see addressed by this committee? Health equity Qualifications for serving: University of Southern California, Master of Public Health, 2020 United States Naval Academy, BS of Biochemistry, 2015 Harvard University, Sustainable Cities and Communities Graduate Certificate, In Progress University of Southern California, Delta Omega Honorary Society in Public Health, 2021 National Board of Public Health Examiners, Certified in Public Health (CPH), 2021 Syracuse University, Institute for Veterans and Military Families, Project Management (PMP), 2021 Imperial College London, Global Health Innovations Specialization, 2021 Johns Hopkins Bloomberg School of Public Health, COVID-19 Contact Tracing, 2020 Collaborative Institutional Training Initiative, Human Research: Social -Behavioral Human Subjects, 2020 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 5 University of Southern California, Drones in Global Public Health Certificate, 2019 Harvard Business Publishing ManageMentor, Global Collaboration, 2019 Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Grant Dunlop, MA Reference 1 Phone (910)622-5675 Reference 2 Kiana Fussner, PA-C Reference 2 Phone (919)818-4061 Reference 3 Josiah Goodrum Reference 3 Phone (828)702-5536 Date 03/04/2022 Consent 0 `. understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 3 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798-7149 FAX (910) 798-7145 Board/Committee: Health & Human Services 0,O) Name: Ellen T. Bryden E-Mail: eklarsch@epix.net ►V'` Home Address:240 North Water Street, 1151 Wilmington, NC 28401 (Street) (Zip Code) Mailing Address if different: Same (City) (Zip Code) Home Phone: 910-612-7155 Fax: Cell: 910-612-7155 Business: Years living in New Hanover County: 2 112 Male: Female: ✓ Race: Caucasian Age: 75 (Information for the purpose of assuring a cross-section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer. Retired A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article W, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Head of Meridian School, Seattle, Washington Professional Activities: Chair of Membership Committee of Accrediting Association Volunteer Activities: Head of Volunteer Committee on Caregivers, Geisinger Medical Center, PA Why do you wish to serve on this board/committee? I want to actively promote effective Health & Human Services in our community. I will bring experience & dedication to this committee. Conflict of Interest: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest either director indirect, in the issue under consideration. The member should then excuse himsefterself from voting on the matter. What areas of concern would you like to see addressed by this committee? Completing the Master Aging Plan (MAP) and supporting its implementation. Developing quality support for caregivers. Qualifications forserving: Experience in caregiving, both planning and actual. Member of the steering committee for the Master Aging Plan (MAP)in Wilmington, NC Other municipal or county boards/committees on which you are serving: None Former President of the Eagles Mere Museum in Pennsylvania 31 -q i w .`• .® List three local personal references and phone numbers: JUN 16 2021 1. Kevin O'Grady 910-352-8058 2. Holli Saperstein 910-341-288 BOC DFF< 3. William Massey 910-362-0517 4. Pndrzw Zekdin OhO--1195-- U445 Date: June 14, 2021 Signature Applications are kept on file for 18 months I understand that any board or committee ppointee may be removed without cause by a majority of County Co missioners. Please use reverse side for additional cornreents cam, + L and f Commissioners - -�1 1 (1 ji11 .eXeSVeC' a l6 1 ,9a ITEM: 15- 2 This is an attachment giving a synopsis of certain categories on the application. Professional Activities: Board member of the Pacific Northwest Association of Independent Schools and Chair of the Membership Committee for two years. • Board member of the Northwest Association of Schools and Colleges Volunteer Activities: Member of the Wilmington Master Aging Plan (MAPS) Steering Committee • Member of the Long -Range Planning Committee for the Wilmington Railroad Museum • Member of the lead team of three who wrote the first -ever Caregivers Guide for Geisinger Medical Center in Pennsylvania. We guided it through all the legal challenges required by Geisinger to get full approval for distribution. Made presentations to appropriate departments to promote the Guide. • Participated in the planning of a Resource Center for Geisinger which would provide pertinent information, networking opportunities, counseling, etc. I moved to Wilmington before it was implemented. Areas of Concern: • I believe Wilmington is being proactive by creating the Master Aging Plan to address the needs of our community's older population. If it is completed and implemented, it will provide a series of aging services: activities, programs, support systems and educational opportunities. My immediate concerns are: o Complete the plan o Estimate the costs o Promote MAP Qualifications for Serving: • Strong personal commitment to the purpose of this Committee • Understanding of civic process through prior activities • Served on several Boards and Committees with similar purpose • My passion is to create resources to aid caregivers and their families Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 8 Long, Melissa From: application@webformsnhcgov.com on behalf of Mariel Leah Mayo <application@webformsnhcgov.com> Sent: Friday, June 25, 2021 12:07 PM 1 To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Health and Human Services Board Attachments: Mariel- Leah - Mayo- Resume- Professional_Spring-2021.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Health and Human Services Board Category At-Large/Consumers of Human Services Name Mariel Leah Mayo Email mleahmayo(aD-4mail.com Home Address 743 Kelly Rd Wilmington, North Carolina 28409 United States Mai It Mailing Address (if different from home address) 743 Kelly Rd Wilmington, NC 28409 United States MaD It Home Phone (252)230-9754 Cell Phone (252)230-9754 Years living In New Hanover County 9 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White Age 1 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 9 33 Do you have a family member employed by New Hanover County? No Applicant's Employer University of North Carolina at Wilmington Occupation Center for Healthy Communities Coordinator & Public Health Studies Adjunct Faculty Professional Activities Coordinate building relationships and meaningful projects between the community, the College of Health and Human Services, and UNCW to improve health equity. Active committee member of various community coalitions, such as Northside Health & Wellbeing Improvement Team, Resiliency Task Force, First Year Cape Fear, and the Healthy Opportunities Pilot Implementation Team. Volunteer Activities Cape Fear Food Council - including disaster food connect, Mother Hubbard's Cupboard, Habitat for Humanity's Women Build, Work on Wilmington Why do you wish to serve on this board or committee? I've had the opportunity to serve on public health boards at the state level, such as the North Carolina Alliance for Public Health Agencies and North Carolina Public Health Association, and would like to contribute locally. The New Hanover County Department of Health and Humans Services positively impacts our residents' health and well-being, including myself. I have been a beneficiary of the health department services when I had limited access to insurance and money. Without the health department, my situation could have escalated into a more severe chronic condition. Although this was several years ago, I still value the services I received. I would be honored to help guide decision -making and support NHC DHHS by serving on the board. I am passionate about health and race equity, and this board has the influence to address the health inequities in our community. My experience working in a local health department and now in community engagement for higher education has positioned me well with the experience, knowledge, and innovative thinking to serve on the New Hanover County Health & Human Services Board. I am familiar with the functions and mandates of local public health and social services and followed the meetings leading up to approved consolidation. Our future is full of opportunities, and I am excited to be considered to be part of the process. What areas of concern would you like to see addressed by this committee? I feel strongly that health and race equity should be a priority for New Hanover County. All New Hanover residents should have the opportunity for the healthy choice to be the easy choice where they live, work, play, and pray. To accomplish these goals, we have to ensure our Health & Human Services Agency (DSS and LHD) have adequate staffing, resources, and infrastructures to provide services, listen to the community, and adapt based on the needs. Our community's wicked issues can not be solved by one agency but require multi -sector collaboration to leverage resources and expertise. I hope to contribute to the board by advocating on behalf of residents and the New Hanover County Department of Health & Human Services. Qualifications for serving: I have over eight years of experience working in the health and human services field and a Master of Public Health degree. I was employed by a health department for over five years, and now I work at UNCW's College of Health & Humans Services, focusing on community engagement and health equity. During my time in both positions, I have worked with health departments across the state, including facilitating the completion of community health assessments and serve as principal investigator for the HRSA funded North Carolina Public Health Training Center. I am well connected to the local and statewide network of health and human services agencies, including serving on various local and state workgroups, such as the Healthy North Carolina 2030 Task Force. I have served on the executive committee of the North Carolina Public Health Association (NCPHA) since 2014. 1 currently serve as president-elect for NCPHA and President of the North Carolina Society of Public Health Education. As previously mentioned, I serve on many community coalitions thus, I understand the needs of our most vulnerable populations. Furthermore, as an adjunct public health studies professor at UNCW, I educate my students about the field of health and human services, including the different governance structures of health departments, including the consolidated model of New Hanover County. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 10 Reference 7 Ashley C. Wells, PhD, MPH (she, her)l Assistant Dean Community Engagement, UNCW College of Health & Human Services Reference 1 Phone (910)962-3439 Reference 2 Justine J. Reel, PhD, LCMHC I Associate Dean of Research and Innovation and Professor, UNCW College of Health & Human Services Reference 2 Phone (910)962-7341 Reference 3 Sarah Daniels, MPA I Executive Director, New Hanover Disaster Coalition Reference 3 Phone (910) 386-1702 Additional comments: My years of living in New Hanover County are not continuous. I lived here while a UNCW undergraduate student and a year after graduation. I moved to the northeast for a few years to pursue my MPH and start my career in local public health. During this time, my husband and I continued to be homeowners in the County and were excited to move back in 2017 for New Hanover County to be our forever home. Also, my first name is Martel but I more commonly known by my middle name, Leah. Upload additional information. • Martel -Leah -Mayo -Resume -Professional Spring-2021.0 Date 06/25/2021 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 11 Mariel Leah Mayo, MPH, MCHES® 743 Kelly Road, Wilmington, NC 28409 mleahmayo@gmail.com 1 252-230-9754 EDUCATION Master Certified Health Education Specialist — October 2018; National Commission of Health Education Credentialing Master of Public Health —May 2013; East Carolina University, Brody School of Medicine • Concentration: Analysis and Management Bachelor of Science in Community Health Education — May 2010; University of North Carolina Wilmington • Minor: Chemistry • Chancellor's Achievement Award, Outstanding Student Award in Community Health Education PROFESSIONAL EXPERIENCE Center for Healthy Communities Coordinator, University of North Carolina Wilmington, College of Health & Human Services, September 2017 - Present • Provides leadership in coordinating the Center as the backbone organization within the College for community outreach, research, and applied learning activities designed to improve community health outcomes & equity. • Collaborates with local public health departments and community -based organizations to improve population health within the Southeastern region through collective impact, asset -based community development, and technical assistance (e.g., facilitation, evaluation), including connecting faculty, staff, and students to assist with community -identified needs. • Responsible for coordinating with collaborating institutions within the Region IV Public Health Training Center to provide workforce development training to the current and future public health workforce. • Serves as Principal Investigator for internal and external grant -funded projects to address health equity, enhance community engagement, and facilitate cross county and campus collaborations. Part Time Faculty, University of North Carolina Wilmington, College of Health & Human Services, August 2019-Present • Serve as lecturer within the School of Health & Applied Human Sciences' Public Health Studies program. • Deliver engaging curriculum to undergraduate students in courses including PBH 290: Foundations of Public Health, PBH 315: Health Program Implementation, and PBH 305: Program Planning. • Monitor students' academic progress and provide feedback and guidance related to course content. • Connect coursework to real world examples and facilitate applied learning opportunities. Human Services Planner/Evaluator II: Active Routes to School Coordinator, Region 9 North Carolina Association of Local Health Directors, Albemarle Regional Health Services, May 2014 — September 2017 • Provided leadership in the development, planning, implementation, and evaluation of Active Routes to School and Safe Routes to School activities across 15 Northeastern North Carolina counties to increase physical activity among youth with a focus on policy, systems, and environmental level improvements. • Collaborated with area elementary and middle schools and key partners (Safe Kids Coalitions, law enforcement, health departments, etc.) to increase the number of inclusive, equitable programs that encourage safely walking and biking to or at school, increase physical activity during and after school, and community -wide knowledge and awareness facilitating safe bicycle and pedestrian skills and facilities. • Fostered policy change at the local, municipal or county level that support increasing physical activity and creating safer routes to school, including safety features near schools, school wellness policies, shared use of facilities and complete streets policies to increase access to physical activity. M. Leah Mayo Resume Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 12 Human Services Planner/Evaluator II: Active Living Coordinator - Community Transformation Grant Project (CTGP), Region 9 North Carolina Association of Local Health Directors, Albemarle Regional Health Services, May 2013 — May 2014 • Coordinated and provided leadership in the development, implementation, planning, and evaluation of region - wide initiatives across 15 Northeastern counties to improve chronic disease outcomes as outlined in the CTGP strategic directions with a focus on diverse populations of low socioeconomic status. Engaged key partners to carry out evidence and practice -based policy, systems and environmental changes to increase shared -use agreements and land use plans including health considerations to develop healthier communities by making healthy living easier, more affordable, and more accessible where people live, work, learn, play, and pray. Managed and facilitated multi -sector collaborative meetings designed to keep members engaged, achieve consensus decisions, and produce outcomes that align with our strategic plan and produce post meeting results. Healthy Food Intervention Lead - Community Transformation Grant Project (CTGP), Region 9 North Carolina Association of Local Health Directors, Albemarle Regional Health Services, September 2012-April 2013 • Assisted in the planning, implementation, and evaluation of community -wide initiatives to increase and promote healthy food options via farm to consumer outlets with a focus on low-income and low -access populations. • Collaborated with local and regional partners to identify strategies and best practices to improve health outcomes of targeted disparate populations. • Actively engaged in CTGP related meetings, trainings and conference calls as a representative of Region 9. Consultant, East Carolina University, Brody School of Medicine, Department of Public Health, July 2013 — October 2013 • Provided expertise regarding coding of land use plans, zoning codes, and other planning documents, as related to healthy food sources, in collaboration with the study team. • Trained additional coders (graduate assistants) how to properly review and code zoning ordinances, including completion of double coding and consensus between coders to calculate healthy zoning scores per location. • Served as primary author for the methods section of the research paper, and reviewer of full paper. Graduate Research Assistant, East Carolina University, August 2012-May 2013 • Collaborated with ECU Assistant Professor and co -researchers on CTGP evaluation projects and publications related to the CTGP healthy eating strategy. • Assisted in the development of farmers' market customer intercept survey, and was responsible for the administration of surveys at Pitt County farmers' markets. Developed SAS code for survey and input survey results for analyses. • Analyzed CTGP Region 9 counties' zoning ordinances and comprehensive land -use plans and policies to evaluate how they may benefit or hinder the healthy food environment. Intern - Region 9 North Carolina Association of Local Health Directors Community Transformation Grant Project, Albemarle Regional Health Services, May 2012-August 2012 • Inventoried and mapped non -retail fruit and vegetable outlets within the 15 counties to identify gaps and needs for access to fruit & vegetables with a focus on increasing access to minority and disparate populations. • Networked with key stakeholders at the local, regional, and state level who contribute to the success of the healthy food environment and other CTGP strategies to develop supportive and collaborative partnerships. • Provided written, verbal and presentation updates on CTGP at key partner meetings and state conference calls. REFERRED ARTICLES • Sally Lawrence Bullock, Stephanie B. Jilcott Pitts, Barb Listenfelt, Jared T. McGuirt, Karen Stanley, Diane Beth, Mary Bea Kolbe, Jill Rushing, Qiang Wu, Rachel K. Ward, Mariel Leah Mayo Acheson, Ciarra J. M. Dortche & Alice S. Ammerman (2016): Availability of Farmers' Markets and Supplemental Nutrition Assistance Program/Electronic Benefit Transfer Systems and Associations With Rurality, Poverty, Race/Ethnicity, and Obesity Among North Carolina Counties, Journal of Hunger & Environmental Nutrition, DOI: 10.1080/19320248.2015.1045665 M. Leah Mayo Resume Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 13 • Pitt, SBJ, Mayo Acheson, ML, et al. Disparities in healthy food zoning, farmers' market availability, and fruit and vegetable consumption among North Carolina residents. Archives of Public Health (2015) 73:35. DOI: 10.1186/s 13 690-015-0085-9. • Pitts, SBJ, Gustafson, A, Wu, CL Mayo, ML, et al. Farmers' market use is associated with fruit and vegetable consumption in diverse southern rural communities. Nutrition Journal. 2014. DOI:10.1186/1475-2891-13-1. • Mayo ML, Pitts SBJ, Chriqui JF. Associations between County and Municipality Zoning Ordinances and Access to Fruit and Vegetable Outlets in Rural North Carolina, 2012. Prev Chronic Dis 2013; 10:130196. • Dennison D, Mayo ML, Abraham VE. The Development of Kidney Stone Dietary Plans for Patient Education. International Electronic Journal of Health Education. International Electronic Journal of Health Education 2011;14:150-156. • Dennison D, Mayo ML, Abraham VE. Development of Dietary Plans for Calcium Oxalate Kidney Stone Patients for Use in Urological Practices. Journal of the American College of Nutrition, 2010; 29 (5), 522. • Dennison D, Mayo Leah M. The Development and Use of Nutrient Analysis Software for Mothers of Overweight Children. Abstract Published, 1h Annual Pediatric Healthy Weight Summit, East Carolina University, Greenville, NC, March 26, 2010. • Dennison D, Mayo Leah M. The Economy: Fast Food, Fruit and Vegetable Consumption of University Students. Abstract Published, UNCW Center for Support of Undergraduate Research and Fellowship, April 2009. PROFESSIONAL PRESENTATIONS • 2019 North Carolina Public Health Association Fall Educational Conference, September 25-27, 2019 o Co -Presenter: NCPHA's Young Professionals: Overview and Get Involved! • Feast Down East 9- Annual Local Food Conference, February 15, 2019 o Co -Presenter: Food Info Hub: Food Insecurity During Natural Disasters • Active Routes to School & Health Matters Webinar, September 5, 2017 Co -Presenter: Active Routes to School & Faith Communities • NC Recreation and Park Association March Wellness Webinar, March 28, 2017 Panelist: Walking & Biking Safety Programs • North Carolina Bike Summit, September 16-17, 2016 Co -Presenter: Getting the Next Generation Rolling in NC • 2016 Faithful Families Summit, September 8, 2016 Co -Presenter: Encouraging Shared Use for Physical Activity: Opportunities for Faith Communities • 56"' Annual Eastern District North Carolina Public Health Association Spring Educational Conference, May 2016 Co -Presenter: Active Routes to School Workshop: Regions 7, 8, & 9 • 143" American Public Health Association Annual Meeting and Expo, October 31-November 4,2015 Presenter: Zoning to Support Farmers' Markets in Rural and Urban Communities • Fourth Annual NC Bike Summit, October 15-17, 2015 Co -Presenter: Cruising for Success: Creating Educational and Bicycling Opportunities for Elementary and Middle School -aged Students in NC • 2015 North Carolina Public Health Association Fall Educational Conference, September 16-18, 2015 Co -Presenter: Active Routes to School: A Pathway to Success in NC • 551' Annual Eastern District North Carolina Public Health Association Spring Educational Conference, May 2015 Presenter: Active Routes to School: Successes across Eastern North Carolina • 541 Annual Eastern District North Carolina Public Health Association Spring Educational Conference, May 2014 Co -Presenter: Region 9 CTG Project & Region 9 Active Routes to School • Planning for Healthy Communities, August 2014 Panel Discussion: Getting Started with Healthy Food Access • 2013 North Carolina Public Health Association Annual Educational Conference, September 18-20, 2013 Poster: Examining Associations between County and Municipality Zoning Ordinances and Access to Fruit and Vegetable Outlets in Rural North Carolina M. Leah Mayo Resume 3 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 14 • 2012 North Carolina Public Health Association Fall Educational Conference, September 18-21, 2012 Panel Discussion: The Pivotal Role of Mentorship in Developing Future Public Health Leaders in an Aging America • 51' American College of Nutrition Annual Meeting, October 7-9, 2010 Poster: The Development of Dietary Plans for Calcium Oxalate Kidney Stone Patients for use in Urologicol Practices • 81 Annual Colonial Academic Alliance Undergraduate Research Conference, April 16-17, 2010 Poster: Calcium Oxalate Kidney Stones and Diet Modification • 7a' Annual Pediatric Healthy Weight Summit, March 26, 2010 Poster: The Development and Use of Nutrient Analysis Software for Mothers of Overweight Children • 6"' Annual NC Supplemental Instruction Peer Conference, March 27, 2010 • State of North Carolina Undergraduate Research & Creativity Symposium, November 21, 2009 Poster: Fast Food, Fruit and Vegetable Consumption of University Students Compared to USDA Guidelines • UNCW Showcase of Undergraduates Research and Scholarship, April 15, 2009 Poster: The Economy: Fast Food, Fruit and Vegetable Consumption of University Students TRAININGS AND AWARDS • District C Certified Coach, March 2021 • UNC Wilmington Diversity & Inclusion Fellow, 2020-Present • Distinguished Service Award, North Carolina Public Health Association, 2018 • Results -Based Accountability Certificate, In Progress • North Carolina Public Health Leadership Institute, Cohort 1, 2017-2018 • Racial Equity Institute Phase 1 Workshop, April 2017 & April 2018 • Facilitative Leadership for Social Change, Interaction Institute for Social Change, February 2017 • Active Routes to School Accessibility & Inclusion Training, September 2015 League of American Bicyclist's League Cycling Instructor Seminar, June 2015: League ofAmencan Bicyclists Certified Instructor (LCI #4857) • North Carolina Safe Routes to School Workshop for Stocks Elementary School, November 2014 • Let's Go NCI Curriculum Train -the -Trainer, August 2014 • Skills for Local Safe Routes to School Program Development Online Training, June 2014 • Youth Bicycle Training by a League of American Bicyclist Certified Master Instructor, June 2014 • TLCC, LLC's Transformational Leadership Coaching & Assessment, June 2014 • Complete Street Policy, Design Guidelines and Implementation Training, July 2013 • Introduction to Policy Change Workshop, UNC Gilling's School of Global Public Health, April 2013 & Feb. 2016 • Media Spokesperson Train the Trainer Training, March 2013 • TLCC, LLC's Facilitator Training ("Getting Action and Results from Your Meetings"), June 2012 • Food Literacy Partners Program, January 2012 PROFESSIONAL AFFLIATIONS • President -Elect, North Carolina Public Health Association, 2020-Present • Co -President, North Carolina Society for Public Health Education, 2020-Present • Co -Founder, North Carolina Public Health Association BIPOC Caucus, 2021 • Vice -President, North Carolina Public Health Association, 2019-2020 • Co -President Elect, North Carolina Society for Public Health Education, 2019-2020 • Co -Vice President, North Carolina Society for Public Health Education, 2018-2019 • Member, North Carolina Society for Public Health Education, 2018-Present • Member, Eastern District North Carolina Public Health Association, 2018-Present • Founder & President, NCPHA Young Professionals Caucus, 2015-Present • Member, American Public Health Association, 2015-Present • Membership & Outreach Committee Chair, North Carolina Public Health Association, 2014-2019 • Member, North Carolina Public Health Association, 2012-Present M. Leah Mayo Resume 4 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 15 COMMITTEE & BOARD INVOLVEMENT • Member, Public Health Training Centers' Racial Justice Workgroup's Expert Review Panel, 2021-Present • Member, North Carolina Alliance of Public Health Agencies Board of Directors, 2020-Present • Member (Policy Co -Chair), First Year Cape Fear, 2019 - Present • Member, North Carolina Institute of Medicine Task Force for N.C. Healthy People 2030, 2018-2019 • Member, CHHS Interprofessional Collaboration Advisory Council, 2018-Present • Member, CHHS Community Engagement & Impact Advisory Council, 2018-Present • Member (Secretary), Northside Community Health & Wellness Improvement Team, 2018-Present • Member (Chronic Disease Committee Chair), Brunswick Wellness Coalition, 2018-Present • Member, Coastal Youth Media Advisory Council, 2018-2019 • Member (Healthcare Subcommittee Chair), New Hanover County Resiliency Task Force, 2018-Present • Member (Food Access Committee Co -Chair), Cape Fear Food Council, 2018-Present • Member, Onslow Strategic Opioid Advance Response Team, 2018-Present • Member, Onslow County Community Health Assessment Team, 2018-Present • Member & Facilitator, Brunswick County Community Health Assessment Steering Committee, 2018-2020 • Member, Planners4Health North Carolina Taskforce, 2017-2020 • Member, NCDOT's Bicycle and Pedestrian Planning Grant Awards Committee, 2017-Present • Member, Innovative Approaches: CPP Steering Committee, 2015-2017 • Member, Partnerships to Improve Community Health Healthy Foods Coalition, 2015-2017 • Member, Healthy Carolinians of the Albemarle, 2013-2017 • Member, Three Rivers Healthy Carolinians, 2013-2017 • Member, Public Health Organization, ECU Brody School of Medicine, 2011-2013 • Member, Sigma Xi, The Scientific Research Society, 2011-2013 5 M. Leah Mayo Resume Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 16 Long, Melissa From: application@webformsnhcgov.com on behalf of Branch Smith <application@webformsnhcgov.com> Sent: Friday, February 18, 2022 4:01 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Health and Human Services Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Health and Human Services Board Category Engineer Name Branch Smith Email ibra nchsla�a mail.com Home Address 205 Sierra Dr Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) 205 Sierra Dr Wilmington, North Carolina 28403 United States Map It Home Phone (910) 264-1071 Cell Phone (910)264-1071 Business Phone (910)791-6707 Years living in New Hanover County 13 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race white Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 17 Age 40 Do you have a family member employed by New Hanover County? No Applicant's Employer paramounte engineering Occupation civil engineer Volunteer Activities church and community events Why do you wish to serve on this board or committee? I've always been a life long learner and environmental health has something I've come to learn as being of very important and very basic for people. I've started permitting and seeing the onsite septic process and drinking water wells and its something that most people in the US live with. More urban areas like ours don't think about it, but there are lots of places (i.e. soils) in the County that cannot handle the septic. So basically I'm for clean drinking water, functioning septic & plumbing, and roofs over heads and anything that furthers that I'd like to serve. I do obtain permits for my clients/property owners from the Environmental Health staff in case that is a conflict, but I don't think this Board oversees individual administration staff and acts as a citizen Board to the County Commissioners. Just wanted to be transparent there but feel free to ask further questions. What areas of concern would you like to see addressed by this committee? access for all folks to clean water, homes, sanitation, is just as important as medical health. So that's my specialty, and anyway I can keep that message in front of the medical -health community, I'd love to. Dr. Tom Dalton with Eden's Village is what sparked that for me pretty clearly when I heard him talking about his mission. I'm not a mandate/lockdown proponent as well. Qualifications for serving: Registered Engineer in NC and SC Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Brian Schaeffer Reference 1 Phone (910) 617-3737 Reference 2 Jon Hinnant Reference 2 Phone (910)619-3430 Reference 3 Dale Autry Reference 3 Phone (910)890-9720 Date Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 18 02/18/2022 Consent 0 '. understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 19 Long, Melissa From: application@webformsnhcgov.com on behalf of Stan Smith <application@webformsnhcgov.com> Sent: Thursday, February 3, 2022 5:50 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Health and Human Services Board ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Health and Human Services Board Category A+ Covisume-v- o� "uwt.a_t 5t) v i ce S Name Stan Smith Email stan .humanpattems.com Home Address 205 South 5th Ave #3 Wilmington, North Carolina 28401 United States Map It Mailing Address (if different from home address) 205 South 5th Ave #3 Wilmington, NC 28401 United States Map It Home Phone (919) 740-5010 Cell Phone (919)740-5010 Years living in New Hanover County 2 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 71 1 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 20 Do you have a family member employed by New Hanover County? No Applicant's Employer Retired psychotherapist and consultant Occupation Retired Professional Activities Former member of the American Academy of Psychotherapists, former supervisor for American Association of Marriage and Family Therapists. Volunteer Activities AAMFT Voluntary Supervisor UNC School of Social Work internship advisor. Served as trainee chaplain at Medical College of Virginia. Why do you wish to serve on this board or committee? I am retired in Hanover County and have the time to devote to volunteering. Have long history in Human Services and a commitment to and understanding of the needs and difficulties. What areas of concern would you like to see addressed by this committee? I would have to learn more before I could address the question. Am curious and open-minded. Have a particular interest in services for families, addiction, and early childhood. Qualifications for serving: Have served as treatment program supervisor for Virginia Department of Adult Services, Director of Professional Services for Durham Family Services, lead Consultant on the merger of Wake County Social Services with the Wake County Department of Health, and have performed various advisory and supervision roles over the years. Other municipal or county boards/committees on which you are serving: None list three local personal references and phone numbers: Reference 1 Anne Potter Reference 1 Phone (336) 588-1588 Reference 2 Rabbi Emily Losben Reference 2 Phone (267) 374-1621 Reference 3 Elizabeth Hams Reference 3 Phone (910)386-9556 Additional comments: 2 Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 21 Please note that I am not a psychologist, but an MSW from Virginia Commonwealth University with a concentration in Agency Administration and Group Work I have not practiced psychotherapy since the mid nineties. The last 25 years I have been CEO of a software company and a consultant on data usage and design. Date 02/03/2022 Consent IN understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 2 - 22 COMMITTEE APPOINTMENT NHC Juvenile Crime Prevention Council Vacancy: Category: Juvenile Defense Attorney Term: Unexpired, expiring 9/30/23 Eligible For Applicants Category Reappointment Nominations Cecilia Reyna Juvenile Defense Attorney Attachments: Committee Information Sheet Applications Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 1 NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL Members: Limited to no more than 26. 12 appointed by the Commissioners in the following categories: Member of faith community, 2 school students under age 21, juvenile defense attorney, member of business community, parks and recreation representative, 7 at -large, and county commissioner or designee. Agency Representatives: School superintendent or designee, chief of police or designee, local sheriff or designee, chief district judge or designee, district attorney or designee, chief court counselor or designee, AMH/DD/SA director or designee, substance abuse professional, county manager or designee, health director or designee, DSS director or designee, and United Way or other non-profit member. Terms: 2-year terms (Changed from 3-year terms to reflect requirements of General Statutes) Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:00 p.m.) in Human Resources Training Room B in the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC. Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12/21/98. Revised membership GS 14313-846. House Bill 593 was passed as of July 1, 2020 which updated the Under Age category to age 21 (changed from the Under Age 18). Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify community risk factors; recommend allocation of state funding for youth programs that address these risk factors; and evaluate the effectiveness of these programs. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Business Community First 9/20/21 9/30/23 Vernita Ozolins 403 Racine Drive, Apt O Wilmington, NC 28403 910-685-1261 (H) Faith Community First 9/20/21 9/30/23 Edwrin Sutton 204 Arcadian Row, Apt. 207 Wilmington, NC 28412 910-508-0685 (H) Juvenile Defense Attorney 9/30/23 VACANT ► am Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 2 JUVENILE CRIME PREVENTION COUNCIL (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Under Age 21 (2 members required) Alexandra Rivenbark First 11/16/20 9/30/22 Wilmington, NC Joshua Barber First 10/18/21 9/30/23 Wilmington, NC Members -at -Large Martin Green First 10/1/18 9/30/20 146 Stokley Dr. Second 9/21/20 9/30/22 Wilmington, NC 28403 336-327-4368 (C) Beth Looney First 9/21/20 9/30/22 4214 Crockette Rd. Wilmington, NC 28409 901-616-9151 (H) Wanda M. Marino Unexpired 2/18/19 9/30/19 7519 Promontory Court First 9/16/19 9/30/21 Wilmington, NC 28412 Second 9/20/21 9/30/23 910-471-9001(C) Zachery Mitcham Unexpired 1/24/22 9/30/22 6909 Eschol Court Wilmington, NC 28409 910-233-2359 (H) Justin Ovaska First 9/20/21 9/30/23 3527 Atwater Court Wilmington, NC 28412 910-409-2499 (C) 910-362-7383 (W) Kelly C. Silivanch First 10/1/18 9/30/20 1205 Beeston Court Second 9/21/20 9/30/22 Wilmington, NC 28411 910-617-8287 (C) 910-399-4602 (W) County Commissioners' Designee 9/21/20 Undesignated Tufanna Bradley, Assistant County Manager 1650 Greenfield St. Wilmington, NC 28401 910-798-7174 Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 3 JUVENILE CRIME PREVENTION COUNCIL (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: District Attorney's Office: Lillian Salcines-Bright Undesignated DSS: Mary Beth Rubright Health Department: Carla Turner Judge of District Court: Judge JH Corpening, Chair Juvenile Justice / Courts: Robert Speight NHC Schools: Julie Varnum Public Defender's Office: Lyana Hunter Sheriff Department: Sgt. E. Granada or Lt. E. Brown Substance Abuse Center: Ryan Estes Trillium Health Resources — Southern Regional Area Board: David Williams United Way: Tommy Taylor Wilmington City Police: Melissa Moore Youth Empowerment Program: Chris Preston ENDP Consultant: Pamela Stokes File: /JCPC ison/support: Wendy DuBose Revised: 01/2022 Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 4 Long, Melissa From: application@webformsnhcgov.com on behalf of Cecilia Reyna <application@webformsnhcgov.com> Sent: Sunday, February 13, 2022 9:23 AM To: Crowell, Kym; Long, Melissa Subject: Application for niNew Hanover County Juvenile Crime Prevention Council ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: niNew Hanover County Juvenile Crime Prevention Council Category Criminal Defense Attorney w/ experience in Juvenile Defense Name Cecilia Reyna Email Cecilia _dramtreelaw.com Home Address 409 Endicott Court Wilmington, North Carolina 28411 United States MaD It Mailing Address (if different from home address) United States MaD It Home Phone (832)253-6320 Years living in New Hanover County 4 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race White - Hispanic Age 38 Do you have a family member employed by New Hanover County? No Applicant's Employer 1 Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 5 Dram Tree Law Occupation Attorney Why do you wish to serve on this board or committee? I have a sincere interest in supporting and protecting the youth in our community. Qualifications for serving: Previous work in the NHC Public Defenders office. Currently practicing criminal defense in a firm and currently representing juveniles. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Brian Moore Reference 1 Phone (910)362-1100 Reference 2 Katy Corpening Reference 2 Phone (910)343-5400 Reference 3 Emily Jones Queen Reference 3 Phone (910)762-7771 Date 02/13/2022 Consent INunderstand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 3 - 6 COMMITTEE APPOINTMENTS NHC Special Board of Equalization and Review ACTIONS NEEDED: 1. Appoint 5 Regular Members and 3 Alternates 2. Appoint Chair for the ensuing year. Term of Office: 1 year Members from the following categories when possible: • North Carolina licensed property appraiser • Attorney, accountant, or other professional • Business owner • Individual engaged in the commercial production of agricultural, livestock, timber, or horticultural products, or a North Carolina licensed real estate broker • Single-family residential property owner Eligible For Applicants Category Reappointment Nominations Fred Gainey (willing to serve another term if the Board Realtor/Real Estate Broker desires) Gloria M. Green (willing to serve another term if the Real Estate Broker Board desires) Clayton Hamerski Realtor/Real Estate Broker x Hector Ingram (willing to serve another term if the Certified Real Estate Appraiser Board desires) Mike Musselwhite (willing Single Family Residential Property to serve another term if the Owner Board desires) Anthony Palermo Real Estate Broker Christopher G. Stewart Real Estate Broker/Insurance (willing to serve another term Adjuster if the Board desires) John Weaver Attorney/ Single Family Residential Property Owner Brad White Certified Real Estate Appraiser x Pam Wooddell Real Estate Broker Attachments: Committee Information Sheet Applications Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 1 NEW HANOVER COUNTY SPECIAL BOARD OF EQUALIZATION AND REVIEW Number of Members: 5 Regular Members and 3 Alternates, in the following categories when possible: • North Carolina licensed property appraiser • Attorney, accountant, or other professional • Business owner • Individual engaged in the commercial production of agricultural, livestock, timber, or horticultural products, or a North Carolina licensed real estate broker • Single-family residential property owner Function: The Special Board of Equalization and Review will meet to hear appeals filed by property owners on their tax assessment. Duties are set forth under Article 21 of the Machinery Act of North Carolina. Term of Office: 1-year; the Board will remain active until the conclusion of the tax appeals. Compensation: $50 for half day meetings and $100 for full day meetings, effective 3/16/2015. Qualifications: Applicant must be a resident of New Hanover County for a minimum of two years and have paid all taxes imposed by the county, municipalities, service districts, and any property tax abatements and special assessment taxes currently due. Each member must take an oath of office. Regular Meetings: As required and called by the Tax Administrator (may require weekly meetings for several months) Statute or cause creating Board: NCGS 105-322 authorizes Boards of County Commissioners to appoint by resolution a Special Board of Equalization and Review to hear tax appeals; Board adopted resolution on January 20, 2009; Board modified number of members 3/15/21 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Lisa S. Campbell First 4/20/20 3/31/21 8109 Masonboro Sound Road Second 3/15/21 3/31/22 Wilmington, NC 28409 Attorney 910-262-4707 (C) Q Gloria M. Green First 4/20/20 3/31/21 1306 Maple Ridge Road Realtor/Real Second 3/15/21 3/31/22 Wilmington, NC 28411 Estate Broker 910-599-3277 (H/C) 1'k l a J Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 2 SPECIAL BOARD OF EQUALIZATION AND REVIEW (CONT.) TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Hector Ingram, MAI First 3/16/15 3/31/16 6439 Chalfont Circle Second 2/15/16 3/31/17 Wilmington, NC 28405 Certified Third 2/20/17 3/31/18 910-763-9096 (H) 910-612-3487 (C) Real Estate Fourth 3/12/18 3/31/19 Appraiser Fifth 3/18/19 3/31/20 Sixth 4/20/20 3/31/21 'ib seNc avicAkv, m Seventh 3/15/21 3/31/22 Mike Mussel hite Single Family First 4/20/20 3/31/21 1801 Verrazzano Drive Residential Second 3/15/21 3/31/22 Wilmington, NC 28405 910-231-6829 (C) Property Owner I I 'Ne �'� t -�->? ►'I'V( Christopher G. Stewart, Chair Real Estate First 4/20/20 3/31/21 7108 Sea Bass Ln. Broker/ Second 3/15/21 3/31/22 Wilmington, NC 28409 Insurance 910-431-0429 (H/C) AdjusterVQI l ll6A Ab VUe C LY10426' .V Alternates Fred Gainey First 4/17/17 3/31/18 1521 Cadfel Court, #103 Realtor/ Real Second 3/12/18 3/31/19 Wilmington, NC 28412 Estate Broker Third 3/18/19 3/31/20 910-620-8823 (C) Fourth 4/20/20 3/31/21 01't, -�b e- +�P—Xm Fifth 3/15/21 3/31/22 Clayton Hamerski First 3/15/21 3/31/22 153 Yorktown Drive Realtor/ Real Wilmington, NC 28401 Estate Broker 910-352-7991 (C) QSI reS 1 Yl' P,✓1 i Brad White Certified First 3/15/21 ji 3/31/22 3909 Wrightsville Avenue, #210 Real Estate Wilmington, NC 28403 910-612-2478 (C) 910-859-7299 (H) Appraiser �` �K eS1Y,qs '�20. - L- I i f FR'V ev-t4 Tax Administrator: Allison Snell New Hanover County Tax Department File: E&R Board 230 Government Center Drive, Suite 190 Revised: 03/2021 Wilmington, NC 28403 910-798-7300 lr * el - Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 3 Long, Melissa From: application@webformsnhcgov.com on behalf of Fred Gainey <application@webformsnhcgov.com> Sent: Thursday, February 24, 2022 11:41 AM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Realtor Name Fred Gainey Email fmgainevCa)gmai I.com Home Address 1521 Cadfel CT 103 Wilmington, North Carolina 28412 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910)620-8823 Cell Phone (910)620-8823 Years living in New Hanover County 51 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race white Age 62 Do you have a family member employed by New Hanover County? Board of Commissiobers - March 21, 2022 ITEM: 15- 4 - 4 No Applicant's Employer Self Employed Occupation Realtor Professional Activities NHC Non County Funding Committee, Former member of Cape Fear Transportation Authority, 2018 Past President of Cape Fear Realtors Why do you wish to serve on this board or committee? I would like to continue my service on this Board Qualifications for serving: Current member and Past Chairman Other municipal or county boards/committees on which you are serving: NHC Non County Funding Committee List three local personal references and phone numbers: Reference 1 Sherri Pridgen Reference 1 Phone (910)520-6448 Reference 2 Bill Somers Reference 2 Phone (910) 379-6896 Reference 3 Hector Ingram Reference 3 Phone (910)612-3487 Date 02/24/2022 Consent M understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 5 Long, Melissa From: application@webformsnhcgov.com on behalf of Gloria Green <application@webformsnhcgov.com> Sent: Thursday, February 24, 2022 7:32 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Residential Realtor Name Gloria Green Email glorigagloriamgreen.com Home Address 1306 Maple Ridge Road Wilmington, North Carolina 28411 United States Mai) It Mailing Address (if different from home address) 1306 Maple Ridge Road Wilmington, NC 28411 United States Mai) It Home Phone (910) 599-3277 Cell Phone (910) 599-3277 Fax (866)680-0948 Years living in New Hanover County 68 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race African American Board of CommissiAners - March 21, 2022 ITEM: 15- 4 - 6 Age 68 Do you have a family member employed by New Hanover County? No Applicant's Employer Gloria Green Realty Inc. Occupation Realtor Volunteer Activities Guardian Ad litem volunteer Professional Standards committee Cape Fear Realtors Why do you wish to serve on this board or committee? I am a native of New Hanover county and I love to be involved with my community. What areas of concern would you like to see addressed by this committee? I don't have any concerns but love the fact that property owners have this platform they can utilize if they have concerns about their property values. Qualifications for serving: My 20+ years of real estate experience and my desire to serve. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Glenda Tate Reference 1 Phone (910) 523-1294 Reference 2 Carrie McIntyre Reference 2 Phone (910)794-4048 Reference 3 Pamela Wooddell Reference 3 Phone (910)470-2532 Date 02/24/2022 Consent Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 7 IN, understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 8 Kianpour, Dahria From: application@webformsnhcgov.com on behalf of Clayton Hamerski <application@webformsnhcgov.com> Sent: Tuesday, February 2, 2021 12:34 PM fY� To: Crowell, Kym; Kianpour, Dahria hpCkwWLTS +D vT P Subject: Application for New Hanover County Special Board of Equalization and Review Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Realtor/Real Estate Broker Name Clayton Hamerski Email claytonhamerski(cDgmail.com Home Address 153 Yorktown Dr Wilmington, North Carolina 28401 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910)352-7991 Years living in New Hanover County 21 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race Caucasian Age 26 Do you have a family member employed by New Hanover County? No Applicant's Employer Intracoastal Realty Corporation Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 9 Occupation Real Estate Broker / REALTOR Professional Activities As a REALTOR, I have a good understanding of our local real estate market and often provide comparative market analysis reports to clients. As a result, I have become proficient with the Market, Cost, and Income approaches to valuation, and I am up- to-date on New Hanover County's most recent schedule of values, and our tax assessment process generally. Volunteer Activities Board Member, MLK Celebration Committee Regular Volunteer at the semi annual library book sale Wilmington Chamber of Commerce Ambassador Member, Wilmington Rotary Club Why do you wish to serve on this board or committee? This board's function, to allow citizens recourse regarding their property valuation, is extremely important for our community. As a real estate professional trained and certified in fair housing practices, I know that I have the knowledge of the subject area necessary to make a meaningful impact on this board and serve our community. What areas of concern would you like to see addressed by this committee? I have seen New Hanover County address fair housing concerns appropriately over the years, and I would like to see this committee continue to act in a way that is responsive to the inequities faced by many minority residents, who are often subject to disproportionately higher assessments, particularly because of disparities in the ratio of assessed value to market value, as documented in "The Assessment Gap," (Avenancio-Leon and Howard 2020). As a real estate professional and REALTOR certified in fair housing practices and in property valuation, I would like to be a part of the committee which ensures that residents are treated fairly. Qualifications for serving: Real Estate Broker / REALTOR, Intracoastal Realty Corporation Chair, Cape Fear Realtors Community Affairs Committee (2020-2021) Member, Cape Fear Realtors Government Affairs Committee (2021-2022) Other municipal or county boards/committees on which you are serving: New Hanover County Cooperative Extension Advisory Council List three local personal references and phone numbers: Reference 1 Tom Gale - Cape Fear Realtors President (2021-2022) Reference 1 Phone (910) 297-6860 Reference 2 Jim Brumit - Former Chair, Special Board of Equalization and Review Reference 2 Phone (910)228-3577 Reference 3 Hollis Briggs - President, MLK Celebration Committee of Southeastern NC Reference 3 Phone (910)352-2473 Additional comments: 2 Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 10 I've lived in this county for my entire life, and this community means the world to me. I am very passionate about issues pertaining to housing and homeownership, and it would be my greatest honor to serve on this board. Thank you for your consideration. Date 02/02/2021 Consent ✓I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. FEB 0 2 2021 3 Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 11 Long, Melissa From: application@webformsnhcgov.com on behalf of Hector Ingram <application@webformsnhcgov.com> Sent: Thursday, February 24, 2022 11:43 AM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Certified Real Estate Appraiser (Gen Cert A2993) Name Hector Ingram Email ingram(cDncappraiser.com Home Address 2712 Shandy Lane Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 763-9096 Cell Phone (910) 612-3487 Years living in New Hanover County 31 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race Caucasian Age 59 Do you have a family member employed by New Hanover County? Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 12 Yes What is/are their name(s)? Amy Ingram - New Hanover County Schools Applicant's Employer Ingram & Company, Inc. Occupation Certified Real Estate Appraiser Professional Activities Owner of a real estate appraisal company with 7 appraisers and real estate investments in NHC Volunteer Activities Past WRAR director, Historic Wilmington Foundation - Urban Properties Committee. Current BOER member Why do you wish to serve on this board or committee? To bring commercial appraisal expertise to the board What areas of concern would you like to see addressed by this committee? Continued improvement of the current policies Qualifications for serving: Real estate appraiser and expert witness with 31 years of experience. Four terms on BOER Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Wanda Copley Reference 1 Phone (910)798-7153 Reference 2 Hansen Matthews Reference 2 Phone (910) 791-0400 Reference 3 Hank Miller Reference 3 Phone (910) 344-1105 Date 02/24/2022 Consent Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 13 A. understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 14 Long, Melissa From: application@webformsnhcgov.com on behalf of Michael Musselwhite <application@webformsnhcgov.com> Sent: Thursday, February 24, 2022 2:45 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Commercial Real Estate Broker Name Michael Musselwhite Email m. m usselwhite(cDoutlook.com Home Address 1801 Verrazzano Drive Wilmington, North Carolina 28405 United States Mai) It Mailing Address (if different from home address) United States Mai) It Home Phone (910) 231-6829 Cell Phone (910) 231-6829 Years living in New Hanover County 60 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race Caucasian Age 64 Do you have a family member employed by New Hanover County? Board of CommissAers - March 21, 2022 ITEM: 15- 4 - 15 0 Applicant's Employer Coldwell Banker Commercial Occupation Commercial Broker Professional Activities Golf, Beach and Travel Volunteer Activities Board of Equalization & Review Senior Meals Why do you wish to serve on this board or committee? I have done it the last 2 years and enjoy it. Qualifications for serving: Past Experience Other municipal or county boards/committees on which you are serving: NA list three local personal references and phone numbers: Reference 1 Chris Stewart Reference 1 Phone (910)431-0429 Reference 2 Allison Snell Reference 2 Phone (910) 798-7455 Reference 3 Fred Gainey Reference 3 Phone (910) 231-6829 Date 02/24/2022 Consent 0 `. understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 16 Long, Melissa From: application@webformsnhcgov.com on behalf of Anthony Palermo <application@webformsnhcgov.com> Sent: Tuesday, March 1, 2022 12:59 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category NC Licensed Real Estate Broker Name Anthony Palermo Email palermo.anthonv()gmail.com Home Address 3423 Talon Court Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910)338-9508 Cell Phone (919)412-1508 Business Phone (910)338-9508 Years living in New Hanover County 6 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White/Caucasian Age Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 17 39 Do you have a family member employed by New Hanover County? No Applicant's Employer SWELL home & living Occupation Real Estate Broker Professional Activities NC Licensed Real Estate Broker, affiliated with firm SWELL home & living, specialized as Buyer's Agent and Property Manager, with specific focus on assisting First Time Home Buyers, Veterans qualified for VA Loans, and effective management of locally owned investment and rental properties Volunteer Activities Our family proudly volunteers with the local chapter of Plastic Ocean Project for cleanups and fundraisers as well as regular volunteer activities at Nourish NC. In a professional capacity, our real estate firm donates a portion of every transaction to local charities including Nourish NC, Plastic Ocean Project, and the Wilmington Rotary Club. Why do you wish to serve on this board or committee? On a personal level, I am motivated to become more engaged with the local community and to contribute however I am able. While volunteering for local organizations allows me to use my hands and back to clean our environment or distribute food and supplies to those in need, I believe that my professional experience and scholastic education can also be a great contribution to our community at large. Wilmington and New Hanover County have been good to our family - we have been granted the opportunity to put down deep roots, have an excellent public education for our child, and make meaningful connections with our neighbors and the local businesses that make our area so attractive to residents, new and old. Very simply, I wish to work hard to give back and ensure these opportunities are available to all homeowners and property owners in New Hanover County. What areas of concern would you like to see addressed by this committee? The central focus of this committee should be to properly and accurately review New Hanover County tax lists to ensure that all applicable real and personal property taxes are leveled and collected correctly and in full, as it is these funds that allow our county to maintain and grow the critical infrastructure that support our residents, local property owners, and local business owners. I am committed to dedicating time and effort to research and report as needed by the committee, especially to ensure that out-of-state or corporate owners of rental properties in New Hanover County are effectively paying all tax owed to maintain the county in which they are generating profits from our citizens. Qualifications for serving: NC Licensed Real Estate Broker, 3+ years of local Property Management experience (both long-term and vacation rentals), research -based education (BA in Philosophy and Theology from Appalachian State University), strong attention to detail supported by excellent written and verbal communication skills, former retail business owner in Downtown Wilmington, and proud resident of North Carolina Other municipal or county boards/committees on which you are serving: None. list three local personal references and phone numbers: Reference 1 Rob Rens Reference 1 Phone (910) 599-9398 Reference 2 Ty Shaw Board of Commissigners - March 21, 2022 ITEM: 15- 4 - 18 Reference 2 Phone (910) 218-2824 Reference 3 John Field Reference 3 Phone (910)836-7704 Additional comments: I look forward to hearing from you, and look forward to the privilege executing my civic duty to contribute to and serve the residents of New Hanover County. Thank you for your time and attention. Date 03/01 /2022 Consent INunderstand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 19 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 i Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798-7149 FAX (910) 798-7145 Boarwcommittee: NHC Special Board of Equalization and Review Category (if applicable): kA LC Name: Christopher Gordon Stewart E Mai►: �°,1�►W►S a �lnJGlf7 �'�� i'� Address. 7108 Sea Bass Ln Wilmington 28409 (Street) (city) (zip Code) Mailing Address ►f different: N/A (sweat) (may) Rip Code) Home Phone: (910) 431-0429 Fax: (504) 210-3732 Cell: (910) 431-0429 ausiness: Years living in New Hanover County. 21 Male: ._l:..lr Female: Race: White Age:44 (Information for the purpose of assuring a cross-section of the community) Do you have a family member employed by Now Hanover County? If yes, name/� NO Applicant's Employer.'0•✓� ` �/I� W (� t [ & S W au l[ yVl� lo accordance with Ar&A Vl, Sec. 7 ofthe New Hanover County personnel pocky, a person -fly employed by the agency or department for which this appJkehon is made must resign htsflw position with New Hanover County upon appointment. Furthermore, the applicant should hen no immediate fan* member employed by such agency Or department. Occupation: Real Estate Broker / Insurance Adjuster Professlona►Activities: Real Estate Brokerage / Residential and Commerical Ins. Adjusting volunteeractivit►es: Neighborhood and Community Events Why do you wish to serve on this board(committes? To provide safe, secure, sanitary, and affordable housing to the residents of New Hanover County Confikt of interest if a hoard member believes he/she has a conflkt or potential conflict of interest on a particular issue, that member should state this beW to the other members of hisihar respective board during a public meeting. The member should state the nature of the confiid, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himselfiherself from voting on the matter. What areas of concern would you like to see addressed by this committee? Affordable housing for residents. Quailtications forserving: 18 years as a law enforcement officer, real estate brokerage, Insurance adjusting in this community and nationwide. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: 1. Julia Boseman 910-547-6975� ?, Daniel Lee 910-616-8934 3. Rick Spencer 910-880-9180 04/ 13/2020 qJZW 21 21 21 date: Signature Applications are kept on file for 18 months I understand that any board or committee appointee may be removed is without cause by a maloAty of County CommissIOners. Please use reverse side for additional cos anti of Comv isLieribvsoeVarch 21. 2022 Long, Melissa From: application@webformsnhcgov.com on behalf of John Weaver <application@webformsnhcgov.com> Sent: Tuesday, February 8, 2022 10:21 AM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category attorney, single family residential property owner Name John Weaver Email thecid69Ca)outlook. com Home Address 7110 Key Point Drive Wilmington, North Carolina 28405 United States Map It Mailing Address (if different from home address) SAME United States Map It Home Phone (843) 222-0863 Cell Phone (843) 222-0863 Years living in New Hanover County 22 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 74 Do you have a family member employed by New Hanover County? Board of Commissi8ners - March 21, 2022 ITEM: 15- 4 - 21 No Applicant's Employer Guy C. Lee (building supply/materials) Occupation Construction loan inspector (part-time) Professional Activities Former member of the South Carolina Bar House of Delegates. Former member of the South Carolina Association of Justice. Admitted to the Supreme Court of the United States. Volunteer Activities Wrightsville United Methodist Church Key Colony HOA President First Tee Why do you wish to serve on this board or committee? Public service during the final two decades of my legal career provided numerous rewarding experiences. Having now returned to my home county, I would like to utilize my talents to provide to the citizens of New Hanover County some degree of expertise. What areas of concern would you like to see addressed by this committee? Courtesy and respect to all persons appearing before the Board must remain a foundational principle. Qualifications for serving: I practiced law for 43 years, about half of those years in private practice and the second half in public service as a County Attorney. I am knowledgeable in real estate matters, including costs of construction and property valuations. Previously I was the legal advisor for two county Boards of Assessments Other municipal or county boards/committees on which you are serving: NONE List three local personal references and phone numbers: Reference 1 William Allen Cobb, Jr. Reference 1 Phone (910)617-5744 Reference 2 Pete Cowan Reference 2 Phone (910)520-6080 Reference 3 Rick Wetherill Reference 3 Phone (910) 617-0313 Date 02/08/2022 Consent Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 22 0 '. - understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 23 Long, Melissa From: application@webformsnhcgov.com on behalf of Brad White <application@webformsnhcgov.com> Sent: Thursday, March 10, 2022 1:42 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category certified real estate appraiser Name Brad White Email bwhite65DQbwval uations.com Home Address 8718 Ramsbury Way Wilmington, North Carolina 28411 United States Map It Mailing Address (if different from home address) 8718 Ramsbury Way Wilmington, NC 28411 United States Map It Home Phone (910) 612-2478 Cell Phone (910)612-2478 Years living in New Hanover County 24 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 46 Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 24 Do you have a family member employed by New Hanover County? No Applicant's Employer Self Employed Occupation Real Estate Appraiser Professional Activities Active in the North Carolina Chapter of the Appraisal Institute, currently serving as the treasurer for the North Carolina Chapter's political action committee. Past president of the Coastal Branch of the NC Chapter. Volunteer Activities Not presently volunteering, but active in outreach ministries within my church, as well as past volunteer positions with the Boy Scouts of America and the East Carolina University Pirate Club Why do you wish to serve on this board or committee? I have served in the past and wish to give back to my community with my appraisal experience. Qualifications for serving: I have served a total of four years in the past and most recently, this last revaluation cycle. I have been appraising real property in New Hanover County for 24 years. I feel I have a patient, level-headed approach to the problems that arise and perform the tasks impartially and effectively. Other municipal or county boards/committees on which you are serving: None list three local personal references and phone numbers: Reference 1 Hector Ingram Reference 1 Phone (910)612-3487 Reference 2 Kevin Davidson Reference 2 Phone (910)246-7616 Reference 3 Earl Worsley Reference 3 Phone (910)386-1192 Date 03/10/2022 Consent N. understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 25 Long, Melissa From: application@webformsnhcgov.com on behalf of Pam Wooddell <application@webformsnhcgov.com> Sent: Thursday, February 3, 2022 11:24 AM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Special Board of Equalization and Review ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Special Board of Equalization and Review Category Real Estate Broker Name Pam Wooddell Email Dam(_5_liveoakgrouy.com Home Address 3245 Kirby Smith Drive Wilmington, North Carolina 28409 United States MaD It Mailing Address (if different from home address) United States MaD It Home Phone (910)470-2532 Cell Phone (910) 470-2532 Business Phone (910)470-2532 Years living in New Hanover County 35 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race white Age Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 26 69 Do you have a family member employed by New Hanover County? No Applicant's Employer self Occupation real estate broker Professional Activities Cape Fear Board of Realtors Volunteer Activities WARM CF Rescue Mission (thrift store pick ups in my community) Why do you wish to serve on this board or committee? As a Realtor and a business owner (Live Oak Real Estate), I feel that I am qualified to weigh in on these issues personally as well as to present to homebuyers and homesellers the advantages on New Hanover county Qualifications for serving: I've served on the WARM BOD Other municipal or county boards/committees on which you are serving: none list three local personal references and phone numbers: Reference 1 Retired Judge Shelly Holt Reference 1 Phone (910)795-9397 Reference 2 Retired Social Worker (Schools) Traci Adcock Reference 2 Phone (910) 512-0755 Reference 3 Executive WARM CEO JC Lyle Reference 3 Phone (910)540-5326 Date 02/03/2022 Consent Munderstand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - March 21, 2022 ITEM: 15- 4 - 27 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:3/21/2022 Additional Items DEPARTMENT: Governing Body PRESENTER(S): Commissioner Zapple CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of a Resolution Requesting Funding of a 10-Mile Parallel Line for the Lower Cape Fear Water and Sewer Authority BRIEF SUMMARY: Commissioner Zapple would like to bring this additional item forward on the consent agenda for March 21, 2022. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0 as a part of the consent agenda. Board of Commissioners - March 21, 2022 ITEM: 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING FUNDING OF A 10-MILE PARALLEL LINE FOR THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY WHEREAS, the Lower Cape Fear Water and Sewer Authority (Authority) serves Brunswick, Bladen, Pender, New Hanover, Columbus Counties, and the City of Wilmington with a Board of Directors representing those local governments; and WHEREAS, the Authority, as the largest regional water system in Eastern North Carolina, has the primary role of providing raw water from the Cape Fear to supply treatment facilities that serve 550,000 customers in three separate counties; and WHEREAS, the New Hanover County Board of Commissioners wishes to ensure reliable availability and redundancy; and WHEREAS, in November 2021, the Authority experienced a major leak on a segment of line without redundancy; and WHEREAS, should this same type of leak have occurred during the peak seasonal months, the potable water needs of the Authority's wholesale customers, to include the State Port, ten regional medical facilities, the Sunny Point Military Terminal, the rail terminal in Leland and the port terminal in Boiling Springs Lakes, and numerous other essential operating businesses and facilities would be at risk, forcing those users to take extreme conservation measures during a worst -case crisis scenario; and WHEREAS, the current estimated cost for a 48" parallel line to resolve this risk is projected to be $54 million; and WHEREAS, such funding burden would endanger or preclude funding for routine maintenance or other critical projects for the foreseeable future; and WHEREAS the New Hanover County Commissioners, along with the Authority's Board of Directors, calls upon the legislators to assist in funding this critical regional infrastructure for eastern North Carolina. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners requests members of the North Carolina Legislature to allocate funding for a ten -mile parallel line for the purposes of redundancy, reliability, and emergency management. ADOPTED this the 215Y day of March, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 21, 2022 ITEM: 16- 1 - 1