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2022-10-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 551 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on October 3, 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 Bill Rivenbark; and Commissioner Rob Zapple. Members absent: Commissioner Jonathan Barfield, Jr. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Chair Olson-Boseman stated that Commissioner Barfield was unable to attend the meeting due to an illness and therefore, the board members present needed to excuse him from the meeting. She asked for motion and a second to excuse Commissioner Barfield from the October 3, 2022 meeting. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to excuse Commissioner Barfield from the October 3, 2022 meeting. Upon vote, the MOTION PASSED 4 TO 0. INVOCATION AND PLEDGE OF ALLEGIANCE Associate Minister Courtney Hickman, First Christian Church, provided the invocation and Chair Julia Olson- Boseman led the audience in the Pledge of Allegiance to the Flag. 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 PASSED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting held on September 15, 2022, and the Regular Meeting held on September 19, 2022. Approval of Shoaf Law Firm, P.A. Request for Refund of Deed Excise Tax – Register of Deeds The Commissioners approved the deed excise tax refund request from the Shoaf Law Firm, P.A. in the amount of $1,030. Approval of August 2022 Tax Collection Reports – Tax The Commissioners approved the August 2022 tax collection reports for New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.1. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2023: Sheriff 23-023, 23-025 District Attorney's Office 23-030 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.2. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION Vice-Chair Hays read the proclamation into the record. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Chair Olson-Boseman to adopt the proclamation recognizing October 2022 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. Lauren Bryant, Executive Director and Easton Fitzpatrick, Advocate/Outreach Coordinator, Domestic Violence Shelter & Services, Inc., expressed appreciation to the Board for the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 552 A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.3. CONSIDERATION AND ADOPTION OF INDIGENOUS PEOPLES' DAY PROCLAMATION Commissioner Zapple read the proclamation into the record. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to adopt the proclamation recognizing the second Monday in October 2022 as Indigenous Peoples' Day in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. Velva Jenkins, Chief Executive Officer and Ashley Lomboy, Board of Directors Secretary, YWCA of the Lower Cape Fear expressed appreciation to the Board for the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.4. CONSIDERATION AND ADOPTION OF NATIONAL BREAST CANCER AWARENESS MONTH PROCLAMATION Chair Olson-Boseman read the proclamation into the record. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays to adopt the proclamation recognizing October 2022 as National Breast Cancer Awareness Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. Assistant Public Health Director Carla Turner expressed appreciation to the Board for the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.5. CONSIDERATION AND ADOPTION OF NATIONAL SUBSTANCE ABUSE AWARENESS MONTH PROCLAMATION Commissioner Rivenbark read the proclamation into the record. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Rivenbark MOVED, SECONDED by Chair Olson-Boseman to adopt the proclamation recognizing October 2022 as National Substance Abuse Awareness Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. Public Health Director David Howard expressed appreciation to the Board for the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.6. CONSIDERATION AND APPROVAL OF THE UPDATED AMERICAN RESCUE PLAN FRAMEWORK AND FILM INTERNSHIP GRANT REQUEST Tim Buckland, Intergovernmental Affairs Manager, presented the following information:  American Rescue Plan - Updated Framework and New Grant Request:  Background:  First framework adopted April 5, 2021, weeks after law enacted  Revised several times, most recently in June 2022, to reflect changes to federal rules and Commissioners’ priorities  Many initiatives have been completed  Businesses, nonprofits, households helped  Ongoing initiatives include job training, addressing community violence, responding to the pandemic and mental and physical health  Notable revisions since June 2022:  Reductions:  Broadband connectivity: $1,316,400 (from $1,468,900 to $152,500)  Mortgage assistance: $500,000 (from $2 million to $1.5 million)  Various salary reductions: $332,148  Employee testing: $219,915  Total reductions: $2,368,463  Additions:  Homelessness initiatives: $1,105,188  Film internship grant: $500,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 553  Total additions: $1,605,188  Total remaining in Reserve for Administration and Future Needs: $1,398,118 Film Partnership of North Carolina President Susi Hamilton continued the presentation with the information:  The Film Partnership of North Carolina:  The Film Partnership of NC (FPNC) is NC 501(c)(3) economic development organization, vocational education resource and advocate structured to grow the film, television, and digital streaming industry in NC through collaboration and to create a pipeline of a diverse, well-trained, and inclusive workforce. The FPNC’s leadership Is a diverse group of members from the industry who work or invest in filmed content across the state.  Leadership:  Susi Hamilton, President  Darla McGlamery, Vice-President  Lauren Vilchik, Treasurer  Current Partners:  North Carolina Film Office/EDPNC  University of North Carolina School of the Arts  City of Wilmington  Wilmington Regional Film Commission  IATSE Local 491 (represents all of NC)  Cape Fear Community College (CFCC)  Commitment to diversity, equity, and inclusion (DEI):  In New Hanover County to date, 44% of all DEI Interns are from historically underserved communities  Program performance to date:  Currently offering a pilot program in the Wilmington, NC region through a $400,000.00 grant from the City of Wilmington’s American Recovery Plan funds. Funds anticipated to be exhausted by the end of October 2022.  Since March 2022, provided interns for five productions (TV and/or film) and multiple live productions at The Wilson Center for the Performing Arts  Partnered with five major studio productions and local live performances in six cohorts  Provided paid training to 54 interns, 44% of which are from historically underserved communities in the industry  The largest DEI cohort so far has been African Americans  94% of all interns have graduated from the IATSE RIDE and/or CFCC film training program and have been placed in paid positions on active productions  Recently partnered with the City of Winston-Salem utilizing $100,000 of city funds. Interns will be placed on active productions within the Winston-Salem region.  How the program works:  For TV and film production, FPNC, IATSE and the production company enter into a memorandum of agreement (MOA)  Each candidate is paid $15/hour and is eligible for pre-approved overtime using the grant funds provided to FPNC  *Our candidate list is then sent to production management and all parties agree to a "cohort" of DEI interns  Recruitment of individuals who are given training to be "set ready"  The set work begins  For live production, (live theater, music, etc.), FPNC works directly with CFCC, and then enter an MOA  Each candidate is paid $15/hour and is eligible for pre-approved overtime using the grant funds provided to FPNC  Recruitment of individuals who are given training to be "set ready"  Candidate list is then sent to production management and all parties agree to a "cohort" of DEI interns  The live work begins  The ask:  It is anticipated that the fall of 2022 will be busy for film and television production in the Wilmington region, with several recent announcements and projections from the Wilmington Regional Film Commission and the NC Film Office. This program has been lauded by production companies and local community college students and if history is any indicator there is strong regional demand for this funding. We are respectfully requesting funds in the amount of $500,000 to continue the work. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 554 Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the updated American Rescue Plan framework and film internship grant request as presented. Upon vote, the MOTION PASSED 4 TO 0. CONSIDERATION AND APPROVAL OF THE STORMWATER DESIGN MANUAL REVISION County Engineer Jim Iannucci stated the Board is being asked to consider a revision to the stormwater design manual that will accompany the newly revised stormwater ordinance. The manual will no longer be a static paper document with charts and tables, it will be online. The consultants were utilized to overhaul the changes in the ordinance and to bring it up to date. A copy was shared with Cameron Moore, Executive Officer for Wilmington- Cape Fear Home Builders Association (WCFHBA) to receive feedback from his members, of which those changes were incorporated into the document. Commissioner Zapple expressed appreciation to Mr. Iannucci for his efforts to bring the stormwater ordinance and design manual to fruition. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the revised Stormwater Design Manual as presented. Upon vote, the MOTION PASSED 4 TO 0. PRESENTATION OF WORKFORCE HOUSING SERVICES PROGRAM RECOMMENDATION FOR FUNDING ALLOCATION AND ADOPTION OF RESOLUTION APPROVING THE FUNDING ALLOCATION FOR THE FISCAL YEAR 2023 Planning and Land Use Senior Planner Rachel LaCoe presented the following information:  Workforce Housing Services Program:  Request for Proposals and Funding Recommendations:  Criteria:  Project Viability:  Financial Feasibility:  How likely is it that the project will move forward?  Does the project include other funding sources?  Development Quality:  Is the site suitable for development?  Does the development include good site design and quality materials?  Development and Management Team:  Do they have experience with affordable housing?  Do they have the capacity to manage the project?  Priorities:  Shovel ready to break ground prior to July 2023  Number of proposed new units  Mixture of price-points  Period of affordability that exceeds 15 years with additional considerations for projects at 30 years  Target AMI under 80% with additional consideration for units under 50% and 30% AMI  Acceptance of Housing Choice Vouchers  Applicants:  Application and Funding Process:  Proposals Recommended for Current Fiscal Year Allocation in Blue: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 555 Commissioner Zapple expressed appreciation to Ms. LaCoe and her team for their work and quickness to bring this matter back to the Board for consideration. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays to adopt the resolution approving funding allocation for the Fiscal Year 2023 Workforce Housing Services Program as presented. Upon vote, the MOTION PASSED 4 TO 0. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.7. PUBLIC HEARING AND APPROVAL OF PURCHASE OF PROPERTY LOCATED AT 319 NORTH THIRD STREET FOR CAPE FEAR COMMUNITY COLLEGE Chair Olson-Boseman stated that the Board of County Commissioners has received a request from the CFCC Board of Trustees to consider the purchase of property, which includes 1.92 acres of land bounded by North Second Street, Grace Street, North Third Street and Walnut Street in the City of Wilmington and a building consisting of +/- 55,000 square feet. The purchase price of the property will be $11,875,000. The Board of County Commissioners are required by North Carolina General Statute (NCGS) 153A-158.2 to hold a public hearing regarding purchase of property for a community college. She asked for a motion to open the public hearing. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to open the public hearing. Upon vote, the MOTION PASSED 4 TO 0. Jim Morton, CFCC President stated that CFCC has developed a plan to address the nursing shortage and has worked with various representatives this year in developing the plan. The plan is not to only double but triple the number of CFCC nursing students graduating on an annual basis. The building located at 319 North Third Street was brought to his attention as a potential site. The building is ideally located adjacent to the CFCC downtown campus where the current nursing and allied health programs are located. It is also convenient for CFCC students and close to other resources they need to be successful in the program. The building would provide the needed capacity to grow not only nursing, but other healthcare programs. CFCC looks forward to continuing to work with Novant, other medical providers, and the community to address the nursing shortage. The program also serves as a feeder into the UNC-Wilmington (UNCW) program to obtain a master’s degree. CFCC is ready to step up to address the nursing shortage and appreciates the Board considering the purchase of the building for CFCC. In response to Board questions, Mr. Morton stated the nursing program is a better fit for the downtown campus versus the north campus due to the current program being at the downtown campus along with the other allied health programs and faculty offices being supported downtown. CFCC has a great working relationship with UNCW, and many students who obtain their associate nursing degree go onto UNCW to obtain their Bachelor of Science in Nursing degree (BSN) and master’s degrees. The CFCC program is a five-semester program that has become a pipeline for UNCW and UNCW is very supportive of this initiative to help support and satisfy the nursing shortage. It is a rigorous program and CFCC has been doing a good job in last couple of years of supporting scholarships but will need more to help support students to be successful. The new building will also help support the broad spectrum of healthcare fields that encompass the allied health programs. As to what will happen if the nursing shortage ends, Mr. Morton explained there is research that shows if nurses continue retiring early, which continues to be a trend, by 2032, the shortage could be upwards of 21,000. In response to additional Board questions, Mr. Morton stated operational costs are estimated at $2 million for a mix of approximately 37 full time and part time faculty and support services staff for the nursing program. It will be a phased approach, as the program can only grow so fast because the nursing board has different thresholds, and they must make sure that things are in place before going to the next step. The plan is to start hiring for those positions in the spring. Funding for the staff is state function and would not fall back on the County. Brian Eckel, managing partner of Cisco Acquisitions, stated that he is also the co-founder of Cape Fear Commercial and a Novant Health Trustee. Cisco Acquisitions is who has the property under contract. If the Board approves moving forward with the purchase, he plans to assign the contract at the same terms and condition. The foundation of this plan comes from discussions he has been a part of over the past several months. As it is known there is a national healthcare worker shortage, and it has been impacting this community heavily for months. Throughout this time, John Gizdic and Novant Health (Novant) have been committed to being a convener and supporter in working towards creative solutions that could solve some of these problems at their root. The goal that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 556 has been articulated is to assist the development of a sustainable employee pipeline of crucially needed healthcare professionals in the community. Today in North Carolina alone, there are 13,000 open nursing positions and unfortunately that number will continue to grow. In New Hanover County the shortage of space for the CFCC allied health programs is one of the biggest obstacles to that growth. The property at 319 North Third Street has been identified as an ideal location for expansion. Novant Health is in support of New Hanover County and CFCC making this first move to secure a facility that will allow the community to create a pathway for students that promises good paying jobs and delivers a critical improvement of services to County residents. This is in keeping with what was learned from last year's Cape Fear Inclusive Economy Report, with its number one recommendation being the creation of a pipeline for sustainable career paths. While this is the first critical step, what is envisioned is a much broader opportunity to work with key stakeholders including elected officials in New Hanover County, other higher learning institutions including UNCW, the business community, and eventually the New Hanover Community Endowment. While Novant is still in the early planning stages with the community stakeholders, he is pleased to announce today that Novant has committed $2 million in scholarships and other resources to accelerate this initiative. Novant has an opportunity to work in collaboration together to create transformational generational change in a partnership with the community. Chair Olson-Boseman stated that one person signed up to speak in favor and one person signed up in opposition of the request and asked the speakers to provide their remarks. Mark Lanier, Assistant to the UNCW Chancellor and Board of Trustees, spoke in favor of the request stating that on behalf of UNCW and Chancellor Volety, he appreciates the opportunity to speak in support of CFCC and its nursing and allied health programs. For decades, UNCW and CFCC have had many mutually beneficial partnerships regarding addressing the nursing and healthcare workforce shortages. UNCW will continue to partner with CFCC and other community colleges. Literally thousands of community college students from all around the state have graduated from the UNCW registered nurse (RN) to BSN program, bringing RN level nurses two-year degree nurses into four-year degree nurses. In addition, UNCW continues to provide the nurse educators for the state in large numbers, community college faculty being one of the real barriers to growing nursing programs. There are also plans to grow its licensure nursing program by 50% at UNCW. As both UNCW and CFCC help grow the healthcare workforce, they are all in it together, there is room for everyone, and they will continue working together for the benefit of the citizens of New Hanover County and the state. Neal Shulman, resident of Nash Drive, spoke in opposition of the request stating that the purchase will not solve the problem of nurse shortages as the shortage in Wilmington is due to Novant management. He provided an overview of his opinion of Novant’s nurse shortage issue and how Novant has not followed the contract it signed with the County. He would prefer to see the $14 million spent to buy land to allow another hospital system to come into the area. He does not believe the Local Government Commission (LGC) will approve the purchase and does not understand why no one seems to have spoken to the LGC nor the state board of governors for the community college system. The problems in this County are not the national problems rather they are with the Novant management. There being no further speakers, Chair Olson-Boseman asked for a motion to close the public hearing. Motion: Commissioner Rivenbark MOVED, SECONDED by Vice-Chair Hays to close the public hearing. Upon vote, the MOTION PASSED 4 TO 0. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Rivenbark to approve the purchase of the property located at 319 North Third Street, subject to the successful completion of the outstanding due diligence tasks, authorize the County Manager to take such actions as necessary to complete the transaction upon completion of a successful due diligence process and adopt the capital project ordinance. In response to Board questions, Chief Finance Officer Eric Credle stated that the purchase is still in the due diligence period and the appraised value is unknown at this point. County Manager Coudriet stated that the tax value is known so some assumptions can be made based on the tax value which is two years old. When the tax value is set, it is static until a new revaluation. The tax value of the property effective January 1, 2021 would have been $9.1 million. Over the four years prior to the last revaluation the tax base grew at more than 33%, which is not less than 8.5% a year. At 16.5% with being effectively at the end of the year, if a third year were added to it, the increased value would be approximately 24% from that static value. Mr. Eckel confirmed that the due diligence period ends on November 3, 2022 with the appraisal, property assessment report, a phase one survey all due by approximately October 21, 2022 from third party vendors. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED 4 TO 0. A copy of the capital project ordinance is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 557 PUBLIC HEARING AND ACCEPTANCE OF DONATED PROPERTY ON HOLLY SHELTER ROAD TO CREATE A BUSINESS PARK AND APPROVAL OF ASSOCIATED AGREEMENT Chair Olson-Boseman stated that the purpose of the public hearing was to receive comments on appropriations and expenditures for economic development. The source of funding for this appropriation and expenditure will be from the General Fund. The purpose of economic development agreement is to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. An economic development expenditure is being recommended for appropriation and is under consideration for adoption in the amount of $145,000 to Wilmington Business Development for a master study plan for a future business park in New Hanover County. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to open the public hearing. Upon vote, the MOTION PASSED 4 TO 0. Chief Strategy Officer Jennifer Rigby provided the following overview:  Holly Shelter Business Park Donated Property and Master Plan:  50 acre tract donation from Sidbury Land and Timber on Holly Shelter Road:  Conditions:  County funding the completion of water and sewer infrastructure to the property where the business park will be located. Construction to be completed 2026  County funding the completion of an access road into the property to serve the business park. Construction to be completed 36 – months after completion of the water and sewer infrastructure utilities.  A 20-year option to purchase an additional 200 acres in a minimum of 50-acre tracts. The first tract purchased at 80% of fair market value (FMV) and then any subsequent tracts at FMV.  Staff recommended action:  Accept donation of 50-acre tract (Tract 2)  Approve funds for a $145,000 Master Plan for the development of the County portion of the Business Park Scott Satterfield, CEO for Wilmington Business Development (WBD), stated the donation is an exciting strategic opportunity for economic development in the County. The right location, the right workforce, the right policies, the right leadership are some of the key assets that have created a thriving regional economy for greater Wilmington. Without modern infrastructure and ready real estate no community can be competitive in today's business world. The County has an opportunity to make an attractive new entry into its inventory of shovel ready industrial properties. With easy access to I-140 and I-40 the Holly Shelter Road site can easily mark the next frontier for the County's economic development strategy. Companies that consider the area for possible relocation and expansion have high expectations. They need quality sites equipped in advance with interstate accessibility and modern utility infrastructure. What is seen with the subject site, is what WBD saw with the Pender Commerce Park site 15 years ago. WBD believes the same success can be created at the Holly Shelter Road site that one of its private NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 558 real estate partners is willing to donate to the County. More acreage will also be available, and their next steps will be due diligence from engineering and technical professionals to document the land’s capacity to accommodate modern industrial operations. With the property’s quick connections to I-40 it is set to be a job generating asset for the County over the coming years with a measurable economic impact on the entire region. He expressed appreciation for the work done by staff. Chair Olson-Boseman expressed appreciation for the work done by Commissioner Rivenbark on this matter. She also thanked the Commissioners for recently approving the expansion of water and sewer to the area. She stated that no one signed up to speak in favor or in opposition of the request and asked for a motion to close the public hearing. Commissioner Rivenbark thanked Mr. Satterfield for his efforts to bring this matter to fruition. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to close the public hearing. Upon vote, the MOTION PASSED 4 TO 0. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board regarding the economic development appropriation. Motion: Commissioner Rivenbark MOVED, SECONDED by Commissioner Zapple to approve the economic development appropriation and expenditure of $145,000 to Wilmington Business Development based on the finding that the appropriation and expenditure will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County and adopt the associated budget amendment. Upon vote, the MOTION PASSED 4 TO 0. Chair Olson-Boseman then asked for direction from the Board regarding the land acceptance. Motion: Commissioner Rivenbark MOVED, SECONDED by Commissioner Zapple to approve the donation of land, and authorize the County Manager to finalize and execute the contract with Sidbury Land & Timber. Upon vote, the MOTION PASSED 4 TO 0. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 35.9. PUBLIC HEARING AND APPROVAL OF A REQUEST BY AUSTEN TRUHE AND CHRISTINA SHELTRA, APPLICANTS, TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE TO PERMIT THE USE OF ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS. Housing Planner Sara Lipkin-Sularz presented the request by Austen Truhe and Christina Sheltra, applicants, to amend the Unified Development Ordinance (UDO) to permit the use of accessory dwelling units (ADUs) in all residential zoning districts. The draft amendment would only be effective in the unincorporated county zoning districts, and existing homeowner’s associations’ covenants or subdevelopment restrictions on ADUs, could be more restrictive than local regulations. The American Planning Association considers an ADU to be a smaller, independent residential dwelling unit, which is located on the same lot as a stand-alone single-family home. They are often known by other names, such as a carriage house, granny-flat, accessory apartment, or mother-in-law suite. ADUs have the potential to increase housing affordability for both the homeowner and the tenant, create a wider range of housing options, enable seniors to stay near family as they age, and facilitate better use of the existing fabric in established neighborhoods. In 2014 the County received a citizen request to allow for ADUs, which was denied but staff was tasked with revisiting the concept during the 2016 Comprehensive Land Use Plan (Comprehensive Plan) process. In 2019 staff adopted new zoning districts which included the permitted use of ADUs to implement the Comprehensive Plan recommendations. Additionally, the County and the City of Wilmington (City) created a joint Workforce Housing Advisory Committee in 2019, and the committee identified ADUs as a viable option for increasing housing stock following a comprehensive housing study. The County has been considering how to best accommodate the use for almost a decade based on the recommendations, in response to resident queries, and the potential benefits of ADUs. In February 2022, the applicants purchased a home in the R-15 zoning district. The property came advertised with a pre-existing ADU. This can affect a home's market value and the purchaser’s economic considerations. At some point, the approved accessory structure had been upfitted with a bathroom and kitchen. This created a habitable living space, which the applicants were under the impression was of permissible use. To bring the accessory structure into compliance, the applicants have requested that ADUs be allowed in all residential zoning districts based on the potential benefits of affordable housing, additional rental stock, and increased affordability for homebuyers. The goals from Ms. Sheltra and Mr. Truhe’s application were clear:  They wanted to come into compliance with the County  To better understand what options they have, to reduce the cost burden of their newly purchased home  To utilize the existing ADU on their property NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 559 What the County has noticed is that the applicant’s situation may not be that unusual. Zoning Compliance staff have experienced increased calls regarding ADUs over the past few years as ADUs have grown popular in the region. These calls led staff to anticipate that some County property owners may have upfitted accessory structures into ADUs due to inadvertent loopholes in the permitting process. Staff’s intent with the additional provisions is to avoid and mitigate the unanticipated impacts to residential communities, environmental health, stormwater, fire codes, emergency services, and other regulations that are more rigorous for residential uses. There is currently no specific methodology to assist residents coming into compliance without displacing them and impacting the existing economic ecosystem. The applicant’s request is that ADUs be allowed in all residential zoning districts of the County. However, based on staff’s study of local and state best practices and comments gathered over the years, the recommendation from staff does not include Airport Residential (AR) or R-20, which are specifically designed to reduce residential density and impervious surfaces. Staff recommends updating the ADU definition in the UDO for consistency and clarity. Staff also recommends detached accessory dwellings be permitted at this time as staff navigate this change to the code and update the permitting process. The Planning Board considered this amendment at its September 1, 2022 meeting and recommended (6 to 0) to add more clarity and consideration to the recommendations made by staff, adding: A. That shipping containers be added to the list of prohibited secondary dwelling type options B. To clarify that ADUs are to be built only on lots with single-family detached homes as the principal use. Ms. Lipkin-Sularz provided an overview of staff’s recommended standards and concerns related to the use, noting that the limit would be one (1) ADU per lot, a parking requirement, and applicable utility requirements. She further provided an overview of setback, spacing, and lot size requirements, the ADU square foot maximum (1,000), and accessory structure conversion provisions. For floodplain, impervious surface, and drainage regulations, the recommended standards would exclude certain types of dwellings from ADU-use due to building codes. Ms. Lipkin-Sularz concluded the staff presentation stating that although newly recommended in the County, ADUs are already a national housing strategy. ADUs are currently allowed in many of North Carolina’s counties and municipalities. For example, the City currently allows for ADUs of 900 square foot or 30% of the principal dwelling area, whichever is less. Later this week, City staff are presenting an update to the Planning Commission recommending allowance of ADUs up to 1,200 square feet or 50% of the principal dwelling area, whichever is less. That means only homes with 2,400 square feet or greater would be eligible for a 1,200 square foot ADU. Staff’s goals are to clearly establish a method of regulating permit requirements, develop inter-agency protocols, address regulatory inconsistencies, safety concerns, liability issues, and to use code enforcement to differentiate between ADU and non-dwelling accessory structures. The intent is to incrementally leverage the potential of ADU housing to address a regional housing need. The purpose is to promote well built, safe housing stock which is up to code and properly permitted. Staff recommends approval of the amendment with the Planning Board’s edits. If approved, staff does request a three-month delay in the effective date to verify all permitting processes are in place. In response to Board questions, Ms. Lipkin-Sularz stated the City received a similar request a couple of weeks ago. Increasing the square footage to 1,200 square feet as the City is considering could be addressed by the Board in the future. The Planning Board nor staff had the City’s information for the request it received at the time the request was made of the County. ADUs are allowed in R-5, RMF-M, RFM-MH, RFM-H, and UMXZ zoning districts. Vice-Chair Hays and Commissioner Zapple expressed support for increasing the square footage to 1,200. In response to further Board questions, Planning and Land Use Director Rebekah Roth stated that if the Board desires to move forward with the square foot amendment it could be included as part of the motion. Chair Olson-Boseman thanked Ms. Lipkin-Sularz for the presentation and invited the applicant to make remarks. Christina Sheltra, applicant, and resident of Pelican Point Road stated that she and her husband recently purchased their home even though it was priced outside of their original budget. The property was listed with a guesthouse that could be used as a short term or a long term rental. Affording the home was dependent on using the ADU. During the due diligence process, they wanted to ensure they would be able to use the back unit as a guesthouse. During that time, they discovered a few things that provided support that the guesthouse could be used as a secondary dwelling unit. The back unit of the home had been used as a long term rental for the last 10 years. The unit had separate meters and it was permitted for all the updates made by the seller. There are also many existing secondary dwelling units in that area, and one was even permitted and inspected as an ADU. After the due diligence period ended, the other factor that led them to solidify their ability to use both the main home and the guesthouse was that the home appraisal explicitly stated the existence of a renovated ADU, which was the key factor to the home even appraising at that purchase price. With all those factors, they felt confident they could afford the home and close on the house. However, in May of 2022, they received a letter and a visit from the County informing them that the ADU was in violation of the current UDO. There was no prior indication that the back house could not be used as an ADU. At that point they had invested over $12,000 into the unit to furnish it and complete the guesthouse. Regularly, more families and residents are being put in the same if not similar position. They would like to bring the guesthouse into compliance with the zoning laws. However, with the current UDO it does not seem NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 560 possible without the text amendment. Without the ability to use the guesthouse behind their home as an ADU they would not be able to afford their home and would also lose a lot of equity on the property. Their home is only valued at its current price due to the secondary dwelling. She and her husband believe the text amendment allowing ADUs in residential areas will help with affordable housing for both the homeowners and possible tenants. They would not have bought the home had they known that the ADU was not in compliance. The text amendment is being pursued to reconcile both their situation and hopefully help future homebuyers avoid a similar situation. Chair Olson-Boseman announced that two people signed up to speak in favor and no one signed up in opposition and invited the speakers to make remarks. Roger Gins, resident of Wolcott Avenue and Executive Director of Backyard Housing Group, spoke in favor of the request stating he is also a member of the Cape Fear Housing Coalition (CFHC). On behalf of both organizations, he urged the Board to pass the amendment to the UDO that will allow the detached ADUs in residential zones. He stated that AARP has identified ADUs as one of the best housing alternatives for seniors and recognized that they are only a partial solution as opportunities are limited by many factors, including homeowner’s associations. They play a meaningful role in offering an affordable multigenerational alternative for seniors in the community. He highlighted three statistics: 1) The 2021 Senior Resource Center Study which was a survey of seniors, asked noted that the number one category that seniors would change about aging is affordable housing; 2) 17.7% of County residents are 65 and over and 25% have annual incomes of less than $20,000; and 3) In an interesting case study when Durham relaxed their ADU ordinance, the following year 70% of the permits were given to children building the ADUs for their parents. Clayton Hamerski, resident of Yorktown Drive and Chair of the CFHC, spoke in favor of the request stating CFHC is a nonprofit comprised of 92 member organizations which spans the private, public, and nonprofit sectors. Its mission, as stated in its bylaws is to lead the regional effort ensuring that all residents of New Hanover County have safe affordable homes by protecting and expanding housing options for them. CFHC finds that the text amendment does exactly that. By permitting ADUs by-right in all the remaining residential zoning districts in New Hanover County, it will strengthen a tool that already exists in this County to produce more affordable units and to help close the gap in the housing stock. It is really a unique piece of the solution to the housing crisis, which will allow seniors to age in place. It also provides housing options for the workforce and allows property owners to generate some supplemental income that strengthens the overall economy. On behalf of the CFHC, he urged the Board to approve the text amendment. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple, to approve the proposed amendment to the New Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use-specific standards and up to a maximum square footage of 1,200. The Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. The Board also finds approval of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater runoff and parking issues, reduce the likelihood of loopholes, and other unintended negative impacts to these residential districts. The amendment will become effective January 3, 2023 to allow staff time to develop an effective permitting process. Upon vote, the MOTION PASSED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED FEBRUARY 3, 2020 and is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 35.10. PUBLIC HEARING AND APPROVAL OF A REQUEST BY NEW HANOVER COUNTY TO AMEND ARTICLES 2, 3, 4, 5 (EXCEPT FOR SECTION 5.3, TREE RETENTION), AND 10 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO MODERNIZE STANDARDS, CLARIFY EXISTING STANDARDS, AND UPDATE STANDARDS TO MAKE SURE THEY ARE EFFECTIVE AND TABLING SECTION 5.3, TREE RETENTION PORTION TO THE NOVEMBER 14, 2022 MEETING Planning Director Rebekah Roth presented the request to amend Articles 2, 3, 4, 5, and 10 of the UDO to modernize standards, clarify existing standards, and update standards to make sure they are effective. It is an ongoing effort of staff to ensure the development regulations stay up to date are clearly understood by code users and remain effective. Since the UDO project was finalized in 2020, staff has been regularly putting forward maintenance or housekeeping amendments to make sure that the UDO allows for the type of development desired in the unincorporated county. The amendments under consideration fall into three primary categories, additions or modernizations, clarifications, and updates. They were largely identified based on challenges or misunderstandings identified during the development review process, or on concerns regarding compliance. Most are very minor in nature, but the amendment is designed to allow any portion to be removed or held back for additional consideration if the Board is not comfortable moving forward with it to allow the remainder of the amendment to be approved. The request before the Board is the result of a two month conversation with the Planning Board and key stakeholders. Initial concepts that have been identified and researched by staff were presented during the August 4, 2022 Planning Board meeting and the additional amendment concept was requested at that meeting in response to concerns Planning Board members had been hearing about the impact of tree retention regulations on industrial NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 561 development along the Highway 421 corridor. Drafts with amendments tied to all the concepts were released after the Planning Board concept presentation for public comment and brought back for a public hearing at the September 1, 2022 Planning Board meeting. Due to the recusal of one Planning Board member from the Tree Removal Standards discussion, the Planning Board voted 5-0 to recommend approval of that portion of the amendment with recommended changes and voted 6-0 to recommend approval of the remainder of the maintenance amendment with recommended changes. The amendments consist of four additions or modernizations to the UDO. The first two were identified in response to resident complaints that have indicated that current standards are not sufficient to address concerns posed by trends in land use and development, and the third was in response to repeated questions staff received regarding how much features such as HVAC units and cantilevers (upper-story portions of buildings that extend beyond the building’s footprint) could encroach into required setbacks. The details of the amendments are included in the staff report in the Board’s agenda packet. This category also includes the Highway 421 tree retention related th amendment that was requested at the Planning Board’s August 4 meeting. In addition to the four modernization components, the full amendment includes several clarifications. They are the smallest in scope, as they seek to make sure all code users understand existing requirements the same way and are not intended to constitute a change in how standards have been applied or interpreted. The details of the clarifications are included in the staff report in the Board’s agenda packet. There are also four proposed updates which are intended to make the current tools more effective and address technical and legal considerations. Again, the details of the amendments are included in the staff report in the Board’s agenda packet. Through the course of the amendment process, most of the comments received regarding this item have been primarily related to the Highway 421 Tree Retention Standards. It is one of the more complex portions to be considered by the Board. The Highway 421 corridor is primarily zoned for Heavy Industrial, or I-2, use, was designated as a Commerce Zone in the 2016 Comprehensive Plan, and recent County investments have primed the area for future industrial growth. The water and sewer extensions to the area have increased the likelihood of supply chain- related businesses as compared to the waste and salvage type operations and resource-intensive industries that are more likely to previously be seen in the area. It is subject to both the County’s tree retention requirements and landscaping standards. Similar tree retention standards do not apply for industrial properties in Brunswick County and the Pender Commerce Park. Based on a review of several other North Carolina jurisdictions, the type of regulations that New Hanover County currently has in place are not the norm in other county jurisdictions, though there are other counties that have tree retention standards for industrial districts. New Hanover County currently has tree retention standards that are primarily focused on individual trees of a certain species and size. They apply equally to all zoning districts, though linked landscaping standards primarily apply to nonresidential and multi-family projects and linked open space requirements primarily apply to residential and mixed-use projects. Basically, the current ordinance outlines three different types of regulated trees, all based on the size of a particular tree species: documented trees, significant trees, and specimen trees. Before development of a site occurs, all the regulated trees in impacted areas must be documented on a tree survey and inventoried and significant trees must be retained unless removal is required for essential site improvements. Additionally, significant trees must be mitigated by preservation of documented trees, replaced at a rate of two-inches for every inch removed, or the developer must pay a fee-in-lieu of replacement if the trees cannot be accommodated on site. The fees-in-lieu are used by Parks and Gardens in a variety of ways, including planting trees on FEMA buy-out properties to restore native habitat; planting trees in parks (200 seedlings are planted each year at Long Leaf Park to sustain the longleaf forest there); and preserving forested land, such as the area at the Pages Creek Park Preserve. Trees designated as specimens are not allowed to be removed, though as for other development standards, the general statutes do allow for potential variances issued by the Board of Adjustment. Even if the variance is approved, the trees would have to be mitigated and any fees paid in-lieu of re-plantings would be doubled. For a lot that has few significant trees, or for types of development such as residential subdivisions, where buildings are more likely to be able to be placed in a way that avoids large trees as much as possible, the regulations discourage removing trees unless it is necessary. The County also has landscaping standards that apply to the Highway 421 area for parking lot landscaping, buffers from residential development (which is less pertinent in that area), and landscaping requirements for the street yard (the land immediately adjacent to the roadway corridor). The street yard landscaping standards for industrially zoned properties are some of the most stringent currently included in the ordinance. Additionally, all sites must plant or retain 15 trees per acre disturbed by development. The initial draft amendment circulated for public comment and considered by the Planning Board attempted to apply the most surgical way of reducing the potential barrier, only for the Highway 421 area, based on staff’s understanding that potential large amounts of mitigation could make sites unbuildable. As to the impact of that from a practical standpoint, sites in the Highway 421 area have tree coverage made up of pines all generally a similar size. A significant tree like a longleaf pine 18-inches in diameter at breast height (DBH) that is removed from the site, must be replaced by 18 trees at least two-inches in diameter or a fee-in-lieu of $3,600 would be required ($100 for each mitigation inch). Removing 10 trees would require 180 trees to be replanted at the minimum size or $36,000 in fees-in-lieu. Removing 50 trees would require 900 trees to be replanted at the minimum size or $180,000 in fees-in-lieu. While it could be possible that the essential site improvements could be shifted slightly to avoid some trees, it is unlikely for the type of industrial development likely to be seen, especially on smaller lots, so the tree mitigation standards would serve less to discourage removing trees unless it was really required than to discourage NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 562 investment altogether. If development did occur, current mitigation requirements would not likely be accommodated on-site, requiring fees-in-lieu. Comments received from industrial development stakeholders prior to the Planning Board hearing questioned if this provision were enough to make a real difference. Concerns were also voiced by tree advocacy stakeholders about the potential impact the amendment might have on important natural habitats and forested areas that perform vital environmental functions. There were no comments at that time that indicated how to address the conflicting concerns. At the Planning Board meeting, based on public comments from tree advocates and the understanding that mitigation was the primary concern from industrial development stakeholders, an additional provision was added to the amendment to enhance the aesthetics of the Highway 421 corridor with additional native plantings to address concerns about habitat loss. The version of the amendment ultimately approved by the Planning Board would require additional street yard planting area, at least 10 feet deeper, for properties fronting Highway 421, guaranteeing more of a buffer from the corridor than the ordinance currently provides. Because the intent of the provision was to address concerns about habitat loss in addition to corridor aesthetics, the trees planted in it were specified to be native species, such as those that have been recommended for the longleaf pine habitat of the general area. The list of favored and other species for the Highway 421 area was a result of a field survey conducted by Dr. Jim Gregory, Chair of the Wilmington Tree Commission and Professor Emeritus of NC State’s Department of Forestry and Environmental Resources. The field survey will be incorporated into the County’s Landscaping Manual to guide planting in this additional corridor landscaping area. Again, the Planning Board did vote to recommend approval of the maintenance amendments and the additional Highway 421 tree retention amendment as modified, finding it to be consistent with the Comprehensive Plan, reasonable, and in the public interest. While no additional comments have been received related to the maintenance amendments, shortly after the Planning Board hearing and recommendation, staff learned additional information related to the Highway 421 tree retention amendment that pointed to another option. In the weeks after the Planning Board public hearing, staff was able to clarify the priorities for at least some tree advocacy stakeholders such as tree retention first, planting back natives second, and enhanced corridor aesthetics, third. Additionally, staff learned that the required tree inventory may serve as a greater challenge for industrial development in the area than originally understood. Also, contrary to staff’s original understanding, it is unlikely that significant trees would be found in the area due to the soil types, so the trees that are on a site are likely to only require documentation and already do not trigger mitigation requirements. While potential mitigation might still be a concern for investors, loss of a large number of significant trees was not necessarily a major risk. This opens an option for a tree canopy, or coverage, related amendment like incentives that apply primarily to residential subdivisions that are already in the ordinance. The provision would waive the requirement for the tree survey thereby saving the industrial investor up front cost and time, if they retained existing trees for a percentage of the site. The percentage included in the current draft option is set at five percent, which while quite a bit below what tree advocacy stakeholders would likely prefer in the area, is in line with the minimum open space required for Pender Commerce Park as a whole. The original thought by staff would be to place it at eight percent to get around 10% tree coverage when required landscaping was included, but it was lowered due to staff concerns that the percentage would be too high to make likely that the incentive was ever used. As it is, this type of incentive would be more likely to work for larger parcels, as most undeveloped parcels in the Highway 421 area are under 20 acres. Staff also saw an opportunity to retain existing trees related to the provision recommended by the Planning Board, like what Brunswick County and other jurisdictions surveyed allow, that requirement could be offset by saving the same area in existing trees. The tree inventory waiver could incentivize developers to re-think their site design to retain existing trees. For example, for every 10 acres, half an acre in trees would be preserved. The ability to offset the required corridor enhancement, in a place where street yard landscaping is already quite stringent, could encourage the retention of even more existing trees, trees that currently do not have any ordinance protections. The option is not a slam dunk, based on the limited vetting staff was able to accomplish and tree advocates are not sure if the proposed incentives would be effective or that enough land would remain forested. Staff feels the option is an improvement for both sets of stakeholders over the current ordinance and draft language has been provided to the Board if it desires to move forward with this specific amendment. Regardless of the decision made about the tree provisions, staff does concur with the Planning Board and recommends approval of the maintenance components. Again, the amendment is designed to allow any portion to be removed or held back for additional consideration if the Board is not comfortable moving forward with it, to allow the remainder of the amendment to be approved. Commissioner Zapple stated that of the 15 items, the tree retention item was a difficult issue. He asked if the Ms. Roth spoke with tree advocacy stakeholders about the new information presented to the Board during the meeting. Ms. Roth responded that the staff option has been vetted on a limited basis, but she does not think it makes anyone 100% happy. Staff feels it is something that makes sense, but there are still some questions. Chair Olson-Boseman announced that two people signed up to speak in favor of the request and nine people signed up to speak in opposition and asked the opposition speakers to provide their comments. Linda Moore, resident of Shell Road and representing Alliance for Cape Fear Trees, spoke in opposition stating the group opposes the drastic reduction in tree mitigation requirements along the Highway 421 corridor. She then showed a video produced by the organization of the area. She further stated that the Highway 421 corridor is the last large undeveloped tract of land (6,605 acres) in New Hanover County. The trees on that land improve the air and water quality, counter climate change, provide wildlife habitat and an important wildlife corridor along the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 563 coast. The County needs to be ready for a big push with ordinances that will protect the integrity of the land and live up to the County's motto “A model of good governance” and to live up to the designation as a Tree City USA. She asked the Board to delay voting on any changes to the tree ordinance. Connie Parker, resident of South Live Oak Parkway and Alliance for Cape Fear Trees Board of Directors President, spoke in opposition stating the Alliance is asking for postponement in the vote on at least the tree related sections of the amendment. The Alliance has worked for the past seven years to plant, protect, and preserve trees in the greater Wilmington area to enhance the quality of life and health for present and future generations. Most of the plantings have been in the low income to mid income neighborhoods. Trees are looked as a natural and effective way of mitigating problems and providing benefits or value both aesthetic and economic and a healthy community. In a healthy environment, buildings and roads are balanced and complemented by nature, attracting both tourists and appropriate businesses. The Board will receive copies of a petition signed by 821 County residents that support the request to delay acceptance of the tree amendments for the for Highway 421 corridor. The organization is aware of the development pressures and population growth and of the investment made by the County to bring infrastructure to the Highway 421 corridor. Preserving tree canopy is not at odds with growth and development. With proper planning and discussion, it is felt the County could develop the industrial corridor and preserve significant numbers of trees. The request to delay the vote on this specific matter is to allow adequate time for further discussions of all parties’ concerns which will result in a better way to save large stands of trees as well as the old growth longleaf pines that are still in the area. This amendment allowing a complete removal of tree protections from the recently adopted UDO is a policy change to accommodate development of the area opening the door to similar requests elsewhere. Priss Endo, resident of Lucky Fish Lane and representing North Carolina Sierra Club, spoke in opposition stating the Planning Board, during the September 1, 2022 meeting, made an unsolicited recommendation to change the UDO, which would allow businesses developing along the Highway 421 corridor, the latitude to clear cut acres of standing forest without mitigation requirements. She asked that the Board deny the recommendation as she feels it is reckless and short sighted. While she is pleased to learn that some mitigation can now be done, this conversation is about economics and the future development and the County. To say that economic development and tree mitigation are mutually exclusive is a fallacy. There is no reason to believe that companies wanting to locate in the County will refuse to do so if the current rules remain in place. It is everyone’s job to protect and preserve the character and beauty of the County, which means setting boundaries around the ways in which the land is developed. Based on public comments from the planning board, there have been no issues with developers meeting these requirements and no requests to lift them. There is no shortage of industry looking to locate here and setting parameters for development filters out those who cannot and will not respect the natural character of the County. Carson Wood, resident of Fairford Road and representing Coastal Plain Conservation Group (CPCG), spoke in opposition stating the proposal to amend the County's regulation and mitigation for specimen trees, allowing developers to not have to mitigate and effectively incentivize clear cutting within the Highway 421 corridor does not align with current state and local policy. It is an abrupt departure from the County's regulations in the UDO. The policy change would effectively set up the potential for current or future landowners to clear cut properties without having an intended use, other than to say there is potential for development. The County's current policy is working to protect its natural resources and relaxing them places the community at risk. CPCG recommends the County withdraw its proposed text amendment governing mitigation of specimen trees in said corridor. Also, the text amendment is not in alignment with the red-cockaded woodpecker regulations, which are known to be in the area. No surveys have been conducted on the northern County line, but on the Pender County side there have been surveys conducted with these birds being documented to be within three miles of the location. Their proximity to the corridor raises the issue that malfeasance exists. It is widely known to state and federal regulators by proposing the amendment there is an appearance of the County providing developers a means to feign ignorance and allow clear cutting area without the need for conducting the appropriate surveys. Chair Olson-Boseman announced that the opposition speaker time was up and that she would move into rebuttal portion of the public hearing with in-favor speakers having up to five minutes to speak in rebuttal to opposition comments. In support rebuttal, Cameron Moore, Executive Officer for WCFHBA, spoke in favor of the request stating that out of all the amendments that are before the Board, the WCFHBA supports the tree retention amendment as well as the other amendments. The Board set out many years ago to essentially put in place an industrial corridor along Highway 421. Many companies that have situated along that corridor are WCFHBA members. Five of those members built under the old ordinance before the tree preservation criteria was put into place in 2018. The residential nature issues and the carwash in the area is what preempted this language being brought forward. They have nice landscaping, landscaped buffers, and street yards in place. What the Board needs to think as an industrial corridor when watching the Alliance for Cape Fear Trees video, is that what was seen was a warehouse. That is exactly what the Highway 421 corridor is designed to do and is permitted by-right. It has water and sewer service that has been provided by the County on its own and in collaboration Cape Fear Public Utility Authority (CFPUA). It is a major corridor for Highway 421 as it connects to the Isabel Holmes bridge that ties into Brunswick County as well as tying Pender County to Brunswick County via I-140. That is what the Board designed it to, and it is working. The fact of the matter is the businesses out there have either a storefront and/or a warehouse that are basically a box. It is hard to architecturally design them past a box. Because of that the box is being situated with stormwater requirements, any federal wetland requirements, any EPA requirements, and any tree mitigation requirements or that businesses must do landscaping, buffering, parking lots. All of that must be in place and by the time it is all over, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 564 those resources, as far as looking at the mitigation the trees are going to come down. That certain section of where the building site of the box is, all those trees are going to be removed. Under the old ordinance, all the businesses out there are essentially a box, and all are built under the old ordinance. This is nothing more than a surgical amendment along Highway 421. He thinks there has been some questions that this opens the tree issue or tree mitigation issues, or clear cutting in general for New Hanover County. It does not do that. That agreement on that issue is still in place and the table itself addressing the tree caliper inches was left alone because of the carwash issue that brought forward the live oak issue. That is where the agreement was made in 2018. The Planning Board made a solid recommendation and the WCFHBA would like to see all the amendments, including the tree retention amendment, be approved by the Board during this meeting. In support rebuttal, Tyler Newman, President and CEO of Business Alliance for a Sound Economy (BASE), spoke in favor of the request stating that BASE supports the entire suite of text amendments in front of the Board, especially the changes to Section 5.3, Tree Retention. Highway 421 is an industrial corridor that the County has put infrastructure into, and the Board acted earlier in the meeting to try to add to the industrial inventory in the County. These amendments could be applied to those new areas, but that is a discussion for another day. The Board has heard what is in the corridor, the types of manufacturing and commercial businesses that require a large site. Unfortunately, some of the trees must come down as part of those essential site improvements. In opposition speaker rebuttal, Andy Wood, Director of Coastal Plain Conservation Group, stated the net habitat loss that will result if the tree retention amendment is approved is not going to be mitigated. It is a net habitat loss to the County, which has already lost more than 70% of its natural heritage. The constituents have spoken quite eloquently in opposition to the tree retention text amendment. The amendment is simply a gift to developers, and it comes at the expense of county residents. If this region is so attractive to industry, they should bid for the opportunity to move here. Considering the County has already chemically contaminated drinking water, failing stormwater and wastewater infrastructure, worsening consequences of automobile traffic, and the recent coastal trauma resulting from Hurricane Ian, it should be apparent that lowering environmental standards is simply not smart. There is a need to increase environmental standards so that this place is improved for future generations rather than diminished in value. All should ask if a corporation cannot afford to replace trees, how helpful would they be to their neighbors or to the community. The Board has taken action to improve public drinking water at constituents’ request as well as taking positive action to protect other critical natural resources, notably trees, which are scientifically proven to improve mental and physical health, improve overall property appeal and real value, combat climate change by storing carbon dioxide, and provide habitat that benefits biodiversity, the pyramid of life. th In opposition speaker rebuttal, Catherine Cardamone, resident of South 8 Street and Tree Commissioner for Wilmington, NC, stated she was dismayed to find out that the Planning Board made this recommendation. It is imperative to protect and uphold the tree retention ordinance. Between the two rivers the trees really do mitigate flooding and soil erosion. She asked that the Board not allow industry to sidestep due to convenience, or due to profit over the needs of the community. In opposition speaker rebuttal, Robert Parr, resident of Falcon Point Road and representing Middle Sound Lookout, spoke in opposition stating that his main concern is the major policy concern that has been wrapped up in a text amendment. This is stealth rezoning. He urged the Board to hold off on deciding on the specific amendment. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. Commissioner Zapple stated he believes there is room for a compromise and that there is a need to find a way for development to coexist with the beauty that is here in the County, and in this case represented by the trees. He expressed appreciation to Ms. Roth for the new information and acknowledged that the staff has heard both sides on the tree retention amendment, grappled with it, and taken away some of the most onerous issues to raise the comfort level and confidence in the community. What is not being discussed is clear cutting large swaths of land. What is being discussed is maintaining certain percentages of the land that is going to be developed out there for trees. He has also heard that the surveys that have been done, although not exhaustive, have indicated that there are not a large number, if any, significant/legacy trees out there. That is what is important to him. He would make a motion table the amendment to Section 5.3, Tree Retention to continue further discussions between the representatives of both sides of the matter to come to a further compromise that will work for all parties. Motion: Commissioner Zapple MOVED to table the matter to continue further discussions between the representatives of both sides of the matter to come to a further compromise that will work for all parties. Chair Olson-Boseman asked if there was a second to the motion. In response to Board questions, Ms. Roth stated that staff could possibly setup an opportunity to speak with the stakeholders in a few weeks. It would be determined based on the results of the conversation how soon it could be brought back before the Board. The Board could also table it to a date certain and staff will do what is necessary to bring it back before the Board by that date. Chair Olson-Boseman stated she would make a substitute motion to table the matter until the first meeting in January 2023. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, OCTOBER 3, 2022 PAGE 565 Substitute motion: Chair Olson-Boseman MOVED to table the matter until the first meeting in January 2023. A brief discussion ensued by the Board about tabling the matter to the November 14, 2022 meeting to allow time for staff and stakeholders to meet and for more information to be gathered to be provided to the Board. Commissioner Zapple confirmed for staff that what he was requesting to be tabled was Article 5: General Development Standards, Section 5.3, Tree Retention. In response to Board questions, Ms. Roth stated that November 14, 2022 should provide sufficient time for the meetings to be held and for staff to report back to the Board with more information. Chair Olson-Boseman stated that she would rescind her substitute motion and that the motion earlier made by Commissioner Zapple died for a lack of a second. She asked for a motion on the request. Motion: Commissioner Zapple MOVED, SECONDED by Chair Olson-Boseman that the Board approve the proposed amendment, except for Article 5: General Development Standards, Section 5.3, Tree Retention, to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions as the Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. The Board also finds approval of the proposed amendment, except for Article 5: General Development Standards, Section 5.3, Tree Retention, reasonable and in the public interest because it provides for clear and effective ordinance standards. Further, the Board approves tabling its decision on Article 5: General Development Standards, Section 5.3, Tree Retention until the November 14, 2022 meeting to provide time for the meetings to be held between staff and stakeholders and for staff to report back to the Board with more information for Board consideration. Upon vote, the MOTION PASSED 3 TO 1. Vice-Chair Hays dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED FEBRUARY 3, 2020 and is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 35.11. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman stated that four people signed up to speak under public comment on non-agenda items and invited the speakers to make remarks. James Ablard, resident of Grace Street, stated that he represents PFAW (People for the American Way), and a public citizen’s group dedicated to popularizing and promoting a better solution for elections which includes an agenda for a national holiday on Election Day. He is again requesting the Board consider a resolution committing itself to the core principles of democracy that he sent a few months ago. Neal Shulman, resident of Nash Drive, started speaking and was ruled out of order by Chair Olson-Boseman. Robert Parr, resident of Falcon Point Road, provided an overview of western bank and the flooding issues in the area, highlighting the recent flooding during Hurricane Ian. Diana Hill, resident of Klein Road and representing Save Our Main Library, spoke on the recent Local Government Commission (LGC) meeting and its vote to deny the County’s request for approval of the Project Grace lease. ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chair Hays recognized the passing of Julia Elizabeth (Betty) Holland Boney and asked that the Boney family be kept in everyone’s prayers. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 6:35 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.