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2022-01-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 297 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on January 10, 2022, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. Reginald A. Barnes, Sr., Shiloh Missionary Baptist Church provided the invocation and Commissioner Rivenbark led the audience in the Pledge of Allegiance to the Flag. RECOGNITION OF THE PASSING OF FORMER COUNTY COMMISSIONERS Chair Olson-Boseman expressed the Board’s condolences on the passing of former County Commissioners Vivian Wright and Bill Caster in December 2021. Vivian Seigler Wright was the first female County Commissioner and served for 8 years. Bill Caster served as a County Commissioner for 18 years. She stated that both were incredibly influential in New Hanover County and made this community a better place. Commissioner Barfield stated that he was honored to have served with Mr. Caster and that over the years his dad shared his remembrances of Ms. Wright. He expressed his sympathy and extended his prayers to both families. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Special Meeting held on November 30, 2021 and the Regular Meeting held on December 20, 2021. Approval to Amend the Schedule of the Board of Commissioners Meetings in January and December 2022 – Governing Body The Commissioners approved amending the 2022 Scheduled of Agenda Review and Regular Board of Commissioners Meetings for January and December as follows: By removing the following meetings:  Agenda Review slated for January 20, 2022 at 4:00 p.m.  Agenda Review slated for December 15, 2022 at 4:00 p.m.  Regular Meeting slated for December 19, 2022 at 9:00 a.m. A copy of the amended schedule is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 19.1. Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Road Resolution in support of adding the following roads to the state system:  Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive within the Weaver Acres subdivision (Division File No: 1292-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 19.2. Second Reading of Adoption of Revisions to the New Hanover County Code of Ordinances – County Attorney The Commissioners adopted an ordinance amending the New Hanover County Code of Ordinances per North Carolina Session Law 2021-138 that certain types of ordinances may no longer be punished as misdemeanors or infractions, and all other ordinances may be enforced as a misdemeanor or infraction if the county specifies such in an ordinance. The first reading was unanimously adopted on December 20, 2021. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 19.3. First Reading: Approval of Solid Waste Franchise for Avian Carting Corp, LLC – County Attorney The Commissioners approved the first reading of the solid waste franchise for Avian Carting Corp, LLC. A second reading is required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 298 Approval of November 2021 Tax Collection Reports – Tax The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of November 2021. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 19.4. Approval of Request to Act as Applicant for Leading Into New Communities, Inc (LINC) for a Grant Application – Finance The Commissioners approved the request from LINC for the County to serve as the applicant agency for a grant opportunity through the NC Governor’s Crime Commission. LINC will act as the implementing agency and will apply for a two-year grant requesting $200,000 per year for a total application of $400,000. There is no match requirement. The purpose of the non-residential reentry grant is to provide comprehensive case management and direct services to justice-involved individuals returning to the community by focusing on employment, transportation, higher education, resolution of legal obligations, and peer mentoring. REGULAR ITEMS OF BUSINESS PUBLIC HEARING TABLED FOR A TEXT AMENDMENT REQUEST BY FRANK PASQUALE WITH KFJ DEVELOPMENT GROUP, LLC TO AMEND ARTICLES 3 AND 4 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) TO ESTABLISH A NEW ZONING DISTRICT, THE RIVERFRONT URBAN MIXED-USE ZONING DISTRICT (TA21-04) Chair Olson-Boseman recognized Commissioner Zapple for a motion. Commissioner Zapple stated that he would make a motion to table Regular Agenda Item 10: Public Hearing Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to Amend Articles 3 and 4 of the Unified Development Ordinance to Establish a New Zoning District, the Riverfront Urban Mixed-Use Zoning District to give the Board the opportunity to gain further information regarding the text amendment. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays, to table the Regular Agenda Item 10: Public Hearing Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to Amend Articles 3 and 4 of the Unified Development Ordinance to Establish a New Zoning District, the Riverfront Urban Mixed-Use Zoning District to give the Board the opportunity to gain further information regarding the text amendment. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND APPROVAL OF BOARD OF EDUCATION BUDGET AMENDMENT #2 Chief Financial Officer Lisa Wurtzbacher stated that members from the New Hanover County Schools (NHCS) administration were present to discuss the budget amendment request and previously postponed projects. Chair Olson-Boseman recognized NHCS Superintendent Dr. Foust. Superintendent Dr. Foust stated that the Board had questions regarding the request during the prior meeting and the individuals present at that time were unable to provide answers. He is present to answer and discuss any questions the Board may have before it votes on the NHCS request. Commissioner Zapple expressed appreciation for the work of Superintendent Dr. Foust and his team to find a solution to not delay the three projects discussed during the previous meeting and to move all the projects ahead. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays to approve the New Hanover County Board of Education budget amendment #2. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION AND APPROVAL OF THE AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021 April Adams, partner with Cherry Bekaert, LLP, presented the following information of the New Hanover County Comprehensive Annual Financial Report for the fiscal year ended June 30, 2021:  Role of the External Auditor:  Actions: plan and perform procedures, obtain reasonable assurance, free from material misstatement, and compliance  Results: express opinions on financial statements, internal control over financial reporting, and federal and state compliance  Required communications: policy changes, estimates, and journal entries  Internal Controls:  Identify significant transaction cycles: financial close and reporting, cash receipts, cash disbursements, payroll, and grants  Test of controls: OPEB, LEOSSA and LGERS actuarial information, payroll, and cash disbursements  Journal entries: look for unusual journal entries NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 299  Information technology controls: IT entity level controls, back-up and recovery, access and security, network security, and cyber security  Significant Audit Areas – Financial Statements:  Assets and revenue: cash and investments, grant revenue and receivables, and governmental revenues and receivables  Liabilities and expenditures: accounts payable, payroll, OPEB, LEOSSA and pension, and related deferrals  Other items: long term debt, self-insurance, proprietary revenues and receivables, landfill post- closure, capital assets, net position, related parties, estimates, and legal  Single Audit Major Programs:  Federal major programs: coronavirus relief funds, emergency rental assistance program, coronavirus state and local fiscal recovery funds – American rescue plan act (APRA), medical assistance (Medicaid); SNAP, foster care (Title IV-E), adoption assistance, emergency watershed protection program, and child support enforcement  State major programs: public school building capital fund, DSS crosscutting (1,571 reporting), Hurricane Florence watershed restoration grant, state child welfare, and state foster home  Some state dollars are associated with federal programs  Allowable costs, reports filed timely, procurement, and local match  Audit Results:  Opinions:  Unmodified opinions for: independent audit opinion, government audit standards opinion, and federal and state compliance opinions  Internal Controls and Single Audit Findings: no significant deficiencies or material weaknesses and ERAP finding nonmaterial noncompliance  Required communications:  Implemented GASB 84 – Fiduciary Activities  Estimates: depreciation, allowance, pension, OPEB, IBNR, and landfill  No audit adjustments  General Fund – Revenues versus Expenditures:  Financial Results of General Fund – Fund Balance:  County policy is to maintain an unassigned fund balance in the General Fund of an amount between 18% and 21% of expenditures  Unassigned Fund Balance as a percentage of General Fund Expenditures as of June 30:  2021: 21.0%  2020: 18.9%  Financial Results:  Capital Assets: $256 million:  Other additions: $4.1 million  Disposals: $2.1 million  Additions to Construction in Progress: $37.1 million  Depreciation offset additions: $16.6 million  Long Term Obligations: $475 million  General obligation (GO) bonds: $264 million  $134 million in new debt in current year (refunded $66.5 million)  Paid down $56 million  Unamortized premiums: $39.5 million  Direct placement GO: $20 million  Direct installment: $150 million Chair Olson-Boseman thanked Ms. Adams for the report and requested direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Barfield to approve the New Hanover County Comprehensive Annual Financial Report for the fiscal year ended June 30, 2021. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY RSC ENGINEERING, PLLC, ON BEHALF OF THE PROPERTY OWNER, CAPE FEAR HABITAT FOR HUMANITY, INC., TO MODIFY AN EXISTING (CZD) R-10 ZONING DISTRICT, CONTAINING APPROXIMATELY 4.9 ACRES OF LAND, LOCATED IN THE 3200 BLOCK OF REMINISCE ROAD, TO ADD A PROPOSED STORMWATER POND (Z21-04M) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 300 Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Current Planner Ron Meredith presented the request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc., to modify an existing (CZD) R-10 zoning district, containing approximately 4.9 acres of land, located in the 3200 block of Reminisce Road, to add a proposed stormwater pond. Mr. Meredith provided an overview of the approved plan and noted that the development of the 11-lot subdivision has not changed from the original approval. As for compatibility with the area, the proposed modifications will not result in additional lots or traffic. The request is to change the stormwater management tool utilized from roadside swales to a stormwater pond. The proposed lot size is still in line with the lots sizes in the vicinity. The proposed modification to the conditional R-10 zoning district is generally consistent with the 2016 Comprehensive Plan because it provides residential development similar to the density of adjacent neighborhoods and is in line with the density recommendations for General Residential Place Type. The Planning Board considered this application at its December 2, 2021 meeting and recommended approval of the application (7-0). Mr. Meredith concluded the staff presentation stating that if approved, the project would be subject to the Technical Review Committee (TRC) and Zoning Compliance review processes to ensure full compliance with all ordinance requirements. In response to Board questions, County Engineer Jim Iannucci stated that the stormwater pond would have to meet the County ordinance for a 25 year event. A consultant has been enlisted to modify the design manual that will be brought before the Board for approval in the near future. However, there is no plan to change the 25 year event, only the actual measurement. There is a possibility that the measurement will be changed so that stormwater ponds such as the one being proposed will have to hold more water. Chair Olson-Boseman thanked Mr. Meredith for the presentation and invited the applicant to make remarks. Sonya Edens with RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc. (CFHH) stated that the request is as laid out in the staff presentation. The ditches did not turn out to be a good design and the team was struggling trying to meet state requirements. The team was able to raise the road and make gravity fall for sewer, which turned out to be a good thing in the end and both changes are positive for the neighborhood. In response to Board questions, Ms. Edens stated that there will be fence as required around the stormwater pond. The height will be based on what is required once it goes through the TRC and Zoning Compliance review processes. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Commissioner Barfield expressed appreciation for the County’s partnership with CFHH. CFHH has done great work to provide affordable housing for the County’s residents and this request is an improvement of the overall project. He thinks having the pond in place will be an amenity and enhance the residents’ quality of life. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the proposed modification to the existing conditional R-10 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project’s use and density are in line with the recommendation for General Residential areas. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 46. PUBLIC HEARING AND APPROVAL OF REQUEST BY JOE SULEYMAN, DIRECTOR OF ENVIRONMENTAL MANAGEMENT, ON BEHALF OF NEW HANOVER COUNTY, TO MODIFY AN EXISTING SPECIAL USE PERMIT TO EXPAND A SANITARY LANDFILL IN AN I-2, HEAVY INDUSTRIAL ZONING DISTRICT, EAST OF US HIGHWAY 421 AND NORTH OF THE I-140 BYPASS (S-611M) Chair Olson-Boseman opened the public hearing and announced that the special use process (SUP) requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Marty Little Joe Suleyman Rebekah Roth Jim Iannucci Colin Tarrant NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 301 Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. She then asked Long Range Planner Marty Little to start the presentation. Long Range Planner Marty Little presented the request by Joe Suleyman, Director of Environmental Management, on behalf of New Hanover County, to modify an existing special use permit to expand a sanitary landfill in an I-2, Heavy Industrial zoning district, east of US Highway 421 and north of the I-140 bypass by approximately eight acres. He reviewed a zoning map of the property and the surrounding area, noting that the subject site is immediately adjacent to the existing New Hanover County (County) landfill to the north and east, and borders a pet cremation business to the south. The site, as well as the surrounding area, is zoned heavy industrial. Mr. Little then reviewed the applicant’s conceptual site plan, showing the location of the landfill expansion area along with the required 50-foot setback. As proposed, the site will be used for future infrastructure, operations structures, and other support facilities for the County’s solid waste program. Access to the site would either be internal through the existing landfill property or taken from US Highway 421, an NCDOT-maintained principal arterial roadway. The proposed expansion is expected to have no impact on current trip generation rates; thus, a traffic impact analysis was neither required nor performed. Regarding compatibility, the site is immediately adjacent to the existing County landfill site, which has expanded over time to its current extent of over 700 acres. To address concerns raised by a neighboring property owner, the applicant is proposing a condition of approval that the site will not be used for landfill deposit storage if approved. Any future expansion of landfill deposit cells onto the site would require a special use permit modification. The 2016 Comprehensive Plan classifies the subject site as a Commerce Zone place type. Commerce Zones serve to provide areas for employment and production hubs and are predominantly composed of light and heavy industrial uses. The proposed use of the property as an expansion of the existing County landfill is in line with the types of industrial uses envisioned for the US Highway 421 corridor. Mr. Little stated as this is an SUP modification, the Board must come to the following four conclusions in order to issue the SUP: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. The use meets all required conditions and specifications of the UDO. 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. The conclusions must be based on findings of fact, derived from competent, material, and substantial evidence presented at this hearing. Staff has provided preliminary findings of fact in the staff report; however, the Board has the discretion to modify or add to these findings based on the evidence presented this evening. A preliminary forum was held at the December 2, 2021 Planning Board meeting. If approved, staff suggests the following conditions be applied as proposed by the applicant: 1. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. 3. Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2 from being used for regulatory setbacks, permitted waste processing, and/or waste transfer. Mr. Little concluded the staff presentation stating that if approved, the project would be subject to the TRC and Zoning Compliance review processes to ensure full compliance with all ordinance requirements. Chair Olson-Boseman thanked Mr. Little for the presentation and invited the applicant to make remarks. Environmental Management Director Joe Suleyman, on behalf of New Hanover County, stated that the staff presentation was a comprehensive overview of the request. He provided additional information on the request as follows:  Special Use Permit – New Hanover County Landfill:  Brief Summary:  Subject property was acquired by the County landfill in June 2020. The parcel is +/- 8.0 acres and is zoned I-2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 302  Parcel ID R02300-001-017-000 abuts existing landfill property and has frontage along US Highway 421 North  Approval allows for an expansion of the existing special use allowed under the County zoning ordinance, and meets federal, state, and local regulations  The possible development of the parcel is for future landfill infrastructure and operations or support facilities and/or buildings for the Environmental Management Department  Parcel Location and Adjoining Properties:  Additional Notes:  No traffic impact – existing solid waste management operations remain unchanged  All adjoining properties in the area also zoned I-2  Parcel is located in an area of limited flood hazard  Community meeting held September 27, 2021 with one attendee from an adjoining property  Original SUP granted in 2013  Parcel will not be used for landfill disposal In response to Board questions, Mr. Suleyman stated that in regard to using existing buildings or constructing new buildings, the construction and demolition debris recycling area will eventually have to be moved. The equipment would move, but things like the concrete slab and some other landscaping stormwater conveyances would have to be reconstructed. The area will be an ideal location for the additional landfill space. In the future the administrative office, maintenance shop, and the laboratory buildings will also have to be moved. New building(s) would have to be constructed in the future on the parcel for those offices. The hope is that the construction and demolition facility, which was built in 2006, will last another 15 years. The maintenance, laboratory, and administrative office buildings are from the early 1990s and may last another 10 years. The buildings will continue to be maintained until it is time to move. As to the amount of landfill life remaining, Mr. Suleyman stated that with the current permitted landfill space, there is approximately 26 years left. With future infills, which consumes the space between the northern and southern hills, that site is probably still in the low 40-year category. In response to additional Board questions, Mr. Suleyman stated that discussions about shifting the main entrance and what will happen with the scale houses have taken place, but the redesigns have not been finalized. He feels the entrance will have to be relocated, especially once the relocation of the new customer convenience site is completed further to the east. The scales have an estimated 20-year life span, with some being five to six years into that and if moved, will have to be well-thought-out so it does not have to be done again. He also feels it would be perfect to site all of the infrastructure on the new parcel and shift everything away from the current bottleneck at the entrance so there is one path that goes to household hazardous waste and another to landfill disposal. A brief discussion was held about the drivers of the reduction in the life of the landfill. Mr. Suleyman stated that landfill disposal, the paying customers, is slowly eroding away even though there has been population growth. He reminded the Board that when China's “National Sword” policy went into effect in 2018, which banned the import of all recycled material, a great deal of what was available for markets evaporated overnight. What he now sees is that even though the tonnage coming across the scale for paying customers has slowly reduced over the past two years, the amount of scrap material that his department has no outlets for is skyrocketing. Based on the contract with SONOCO, the department has to absorb that at its own cost. The bright side of that calculus is that the market has recovered and outlets are starting to open up again. People are starting to approach those banned materials now as a commodity with value versus a liability that has costs associated with it. Another major impact was Hurricane Florence. The landfill lost decades of capacity from that one storm and essentially seven years in just the northern property. It was thought it would be 2028 or 2029 before there was a need to shift over to the southern property, but now the department is into its fourth cell out there and that is just from all the material that has been seen. Significant efforts are being made to minimize or eliminate how much out-of-county waste is coming into the site with four times the number of inspections being done of incoming trucks because it is being abused. In response to Board questions, Mr. Suleyman confirmed that the SONOCO contract is making money for the County and that encouraging recycling in unincorporated areas would help increase the lifespan of the landfill. The percentage of recycling in the unincorporated areas is at 30% participation. As to whether there will be a need in the future for another waste-to-energy (WASTEC) facility, he stated that the department is in the early stages of doing a comprehensive solid waste management plan. In 2013 the state legislature did away with the requirement NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 303 for counties and municipalities to meet every three years and develop a comprehensive solid waste management plan and look back at the preceding few years to compare themselves to goal. It is understood that the landfill’s capacity is not as far out as was once enjoyed and that is what prompted the development of the solid waste management plan. He will make a presentation to the Board in the future once the plan is ready to be presented to ensure that everyone is on the same page. There is a need for community buy-in with the plan and he further confirmed that otherwise, the landfill will be at the whim of some other organization. County Manager Coudriet reiterated that Hurricane Florence eliminated decades of landfill life and asked Mr. Suleyman if it was correct that the amount of vegetative debris that was ground was equivalent to nine acres, 14-feet deep. Mr. Suleyman confirmed that was correct and was the amount collected during the 90-day recovery period from the unincorporated areas of the County. Hearing no further discussion, Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve as the Board finds that this application for a Special Use Permit modification meets the four required conclusions based on the finding of facts included in the staff report and also that the following conditions be added to the development: 1. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. 3. Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2 from being used for regulatory setbacks, permitted waste processing, and/or waste transfer. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 91. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman stated that three people signed up to speak on non-agenda items and invited them to step forward to provide comments. Scott Armstrong, resident of Monck Court, expressed concerns about the 2020 census and the Board’s approval of the amphitheater in downtown Wilmington. He thinks the approval of such a project affected the livability of Wilmington as well as the daytime military jet noise. He further commented on how sustained seasonal nighttime noise pollution is serious and will affect how people live and feel about this community. Commissioner Barfield stated as a point of clarification to Mr. Armstrong that the amphitheater was approved and built by the City of Wilmington, not New Hanover County. Pat Bradford, resident of Causeway Drive, expressed appreciation to the Board for asking for alternatives to a mask mandate from the Health and Human Services (HHS) Board. The Board needs to consider the impacts on businesses due to the actions of the HHS Board. She also thanked the Board for helping teachers get a salary increase. However, the Board needs to look at helping teacher assistants as well as they are doing a lot of work in the classroom and are underpaid. Erin Cogan, resident of Archer Drive, stated that HHS staff during the recent New Hanover County Board of Education meeting stated that masks may provide about 20% mitigation in the spread of covid which reveals the inefficiencies of masks. The increase in covid numbers does not mean anything if hospitalizations and death counts are not also taken into consideration. The Food and Drug Administration’s issuance of emergency use authorization (EUA) for nonsurgical face masks to be worn by the general public in April 2020 and how it later issued EUAs for testing and shots in the U.S. EUA products are by definition experimental and mandating them violates state and federal law. She is also concerned with how mask mandates and social distancing protocols have affected children. She asked the Board to consider the information she has mentioned, to do its own research, and have discussions the HHS Board as well as the New Hanover County Board of Education to put a stop to what she considers government overreach. Tom Toby, resident of Oliver Court, stated that the Board was elected to represent its citizens, not rule over them. According to the Citizen-Times, 89.2% of the population in this County has had at least one dose of the covid vaccine and 63.2% are fully vaccinated but the supposed numbers continue to climb. The death rate in the County is not rising and the County has never come close to meeting the definition of a pandemic. He believes that masking and vaccines do not work for a virus that has a 99.7% survivability rate at the low end and expressed his opposition NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JANUARY 10, 2022 PAGE 304 to a third mask mandate. He also asked the Board to lift the emergency order immediately and stand against the HHS Board. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield stated that Johnny Fort, Atlantic Coast Conference (ACC) football referee, is from Wilmington and the father-in-law of one of his daughters. Mr. Fort will be one of referees for the National Football Championship game tonight and he wished him well. Commissioner Zapple welcomed Current Planner Ron Meredith to the regular rotation of presenters for the planning items. Chair Olson-Barfield and Vice-Chair Hays stated that based on discussions the Commissioners have recently had, they are requesting that County Manager Coudriet ensure that there is a reduction in taxes and tax burden on the County’s property owners and citizens in the upcoming budget. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:04 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.