2023-06-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 789
ASSEMBLY
The New Hanover County Board of Commissioners met June 5, 2023, at 4:00 p.m. in Regular Session in the
Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.;
Commissioner Dane Scalise; 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. Patricia L. Freeman, St. Phillip AME Church, provided the invocation and Commissioner Scalise
led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chair Rivenbark requested a motion to approve the Consent Agenda as presented.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve the items on 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 Regular Meeting held on May 1, 2023, Agenda Review
held on May 11, 2023, and Regular Meeting held on May 15, 2023.
Personnel Policy Changes – Human Resources
The Commissioners approved a revision to Article 3 of the Personnel Policy related to overtime for law
enforcement personnel.
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:
Capital Project Fund 23-072
Bond Service Charges 23-073
Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit
Book XLIX, Page 11.1.
Grant Funds Request Approval for Department of Homeland Security/Federal Emergency Management Agency –
Sheriff’s Office
The Commissioners approved the submission of a grant application for the 2023 Homeland Security, Port
Security Grant Program (HSGP). The total amount requested is $533,670 with a 25% match of $133,417. The match
amount is available within the FY23-24 recommended budget.
First Reading: Approval of Solid Waste Franchise Agreement for Salty Bins, LLC – County Attorney
The Commissioners approved the first reading of the solid waste franchise agreement for Salty Bins, LLC. A
second reading is required.
Register of Deeds Fee Schedule Revision – Register of Deeds
The Commissioners approved an amendment to the Register of Deeds fee schedule to allow for expedited
mailing of all marriage, birth, and death certificates in the fee amount of $15.00 as part of the passport program.
Approval of March 2023 Tax Collection Reports – Tax
The Commissioners approved the March 2023 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 XLIX, Page 11.2.
Approval of April 2023 Tax Collection Reports – Tax
The Commissioners approved the April 2023 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 XLIX, Page 11.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 790
REGULAR ITEMS OF BUSINESS
CONSIDERATION AND ADOPTION OF NATIONAL MEN'S HEALTH MONTH PROCLAMATION
Vice-Chair Pierce read the proclamation into the record, recognizing June 2023 as "Men’s Health Month" in
New Hanover County.
Hearing no further discussion, Chair Rivenbark asked for direction from the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing
June 2023 as "Men’s Health Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Health and Human Services (HHS) - Director Donna Fayko expressed appreciation to the Board for adopting
the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book
XLIX, Page 11.4.
CONSIDERATION AND ADOPTION OF PRIDE MONTH PROCLAMATION
Chair Rivenbark read the proclamation into the record, recognizing June 2023 as “Pride Month” in New
Hanover County.
Hearing no further discussion, Chair Rivenbark asked for direction from the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing
June 2023 as “Pride Month” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Diversity and Equity Specialist Travis Corpening and LGBTQ Center of the Cape Fear Coast members
expressed appreciation to the Board for adopting the proclamation.
A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book
XLIX, Page 11.5.
PRESENTATION OF THE 2023 ANNUAL COMMUNITY CHILD PROTECTION TEAM REPORT AND APPOINTMENT OF
AT-LARGE MEMBERS
Judge J. H. Corpening, II, Chair of the Community Child Protection Team (CCPT) thanked the Board for the
opportunity to present the CCPT report as required by state law. The CCPT is a multidisciplinary organization that is
appointed by statute and by the Board to evaluate gaps in services that affect children. Judge Corpening presented
the CCPT accomplishments, gaps, and goals for the coming year:
2022 Accomplishments:
Community education on reporting child abuse and neglect: training provided to Sexual Assault
Response Team, NHC Foster Parent Association, Smart Start, NHC School nurses/social
workers/guidance counselors, UNCW nursing students and counselors; HHS School Mental Health
therapists, and Coastal Horizons on how to recognize, respond, and report child abuse and neglect.
This training is also now offered to all New Hanover County employees on a recurring basis.
Monthly CCPT case reviews: CCPT team reviewed eleven complex child welfare involved families
to formulate strategies to address gaps in services and barriers to child protection.
CCPT partners were provided with program presentations from: Open House Maternity Housing
Program, Adolescent Parenting Program, DADs Program, Port City United, and the Hisan J. Polk
Transformation Academy.
Community education and media campaign on infant safe sleep: infant safe sleep training was
provided to county staff and to local mental health clinicians. Social media posts and local
television interviews promoting safe sleep practices were provided during safe sleep awareness
month.
Lack of consistent, accessible, effective mental health and developmental disability services:
Difficulty accessing inpatient treatment for stabilization
Difficulty accessing therapeutic placements and psychiatric residential treatment within
catchment area, in general, and specifically for transgender youth
Limitations for coverage by both Medicaid and private insurance
Limited accessible services for caregivers and children with eating disorders and co-occurring
mental health and developmental disabilities
Upon placement of children in DSS custody, parents lose Medicaid coverage, resulting in a lack of
access to critical services
Recommendations:
Advocate for expansion of private insurance coverage for mental health services
Advocate for improved Trillium oversight of Medicaid providers to ensure quality of services
Encourage private providers to expand capacity of therapeutic placements for children,
including transgender youth; and encourage community members to become licensed foster
parents
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 791
Advocate for local youth crisis facility for assessment and stabilization to prevent youth from
inappropriately lingering in emergency rooms pending placement/stabilization
Advocate to increase number of local youth mental health providers who accept Medicaid
Children impacted by parental substance misuse:
Prevalent contributory factor in child maltreatment resulting in:
Neglected and unsupervised children
Substance affected newborns
Child ingestion of improperly stored medications and illegal substances (pills, gummies…)
Criminal activity in household and parental incarceration
Parental death by overdose
Recommendations:
Advocate for legislation mandating improved oversight of medication providers and effective
assessment and treatment services
Advocate for expanded capacity for family residential treatment
Advocate for expanded Medicaid and private insurance coverage to include childcare and
transportation to treatment
Lack of affordable housing (subsidized and non-subsidized):
Working poor are not eligible for housing assistance and are unable to afford market rent in the
community in which they work
Several consecutive years of increases in the market rate for rental properties
Lack of affordable, adequate housing in New Hanover County, results in:
families forced to live in unsafe neighborhoods
multiple families residing in a single residence
unsafe sleep environment for infants
homelessness and transiency (families living in cars and tents)
lack of access to critical resources, i.e., food deserts
Recommendations:
Provide funding to community agencies to develop innovative housing initiatives and solutions
that meet the needs of all our populations, particularly the working poor
Ensure adequate designation of a percentage of new residential units to be financially
accessible for lower wage earners
Advocate for increased federal housing subsidies and expansion of USDA eligible zones to
increase home ownership
Ensure all residential areas have access to critical resources, i.e., grocery stores
Service barriers for undocumented families:
Systemic barriers exist for undocumented families to access services to meet the basic needs of
their children including medical care, dental care, mental health treatment, housing, and
education
Recommendations:
Ensure that basic needs for all children are met, regardless of citizenship, through advocacy at
the local and state level
Judge Corpening requested the Board make the appointments of the following at-large members to the
CCPT for the ensuing year: Lauren Daley, Executive Director, Domestic Violence Shelter and Services, Inc.;
Amy Feath, Executive Director, Carousel Center; Chris Preston, New Hanover County Youth Empowerment Services
Manager, New Hanover County Community Justice Services; and Steven Still, Director, New Hanover County
Emergency Management.
Hearing no further discussion, Chair Rivenbark asked for direction from the Board to appoint Lauren Daley,
Amy Feath, Chris Preston, and Steven Still to the CCPT for one-year terms expiring July 2024.
Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce, to appoint Lauren Daley, Amy Feath, Chris
Preston, and Steven Still as recommended to the Community Child Protection Team for one-year terms expiring July
2024. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING ON THE FISCAL YEAR 2023-2024 RECOMMENDED BUDGET
Chair Rivenbark stated that pursuant to North Carolina General Statute (NCGS) 159-12(b), before adopting
the budget ordinance, the Board shall hold a public hearing at which time any persons who wish to be heard on the
budget may appear. The public hearing on the Fiscal Year (FY) 2023-2024 Recommended Budget meets these
requirements. He then asked for a motion to open the public hearing.
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to open the public hearing on the
FY2023-2024 Recommended Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chair Rivenbark stated that the Board would now hear public comments:
New Hanover County Schools (NHCS)
Dr. Charles Foust, NHCS Superintendent and Chief Financial Officer Ashley Sutton were present to answer
questions. Ms. Sutton expressed appreciation to the Board for its support of NHCS. The NHCS budget request
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 792
included an operating budget with a $3.3 million increase compared to the current school year. The increase will
fund local raises and employee benefits for local employees, along with a step increase for the certified local
supplement scale, rate increases for insurance, and some utility costs. The capital request included a $10 million
increase compared to the current fiscal year. The increase includes some large capital renovation projects,
technology equipment, replacement of damaged/worn furniture and equipment, and a small amount will be set
aside for what is expected in student enrollment to obtain additional furniture if needed.
Ms. Sutton responded to questions stating of the $3.3 million, approximately $1.9 million will cover all
locally paid employees, approximately $820,000 is related to rate increases for utilities and insurance, and the
remaining amount of approximately $496,000 is related to charter school expected growth that NHCS would need
to fund per general statute.
A brief discussion was held about the fact that the NHCS Board of Education makes the decisions about
school operations, not the Board of County Commissioners. As to the emails the Board received about art and music
classes being cut, Dr. Foust confirmed that he responded to at least one of the emails that the school board nor he
had recommended cutting art and music classes. He shared the emails with the school principal where the emails
were generated for the principal to respond and provide an update in the newsletter to share with the parents.
Cape Fear Community College (CFCC)
Jim Morton, CFCC President, expressed appreciation to the Board and staff for the continued support of
CFCC throughout the year including the recent acquisition of the 319 North Third Street property. The acquisition is
an investment towards improving CFCC’s ability to meet the demand for healthcare workers in the County and the
region for years. He provided an overview of how the County’s continued funding helps CFCC and its students. He
noted how CFCC has been able to have continued increases in enrollment while many colleges have experienced a
decline over the past few years. He also provided an overview of the programs that continue to thrive at CFCC as
well as the work being done in the local school system and with local employers to develop and adapt programming
to meet their needs.
Other Agencies/Individuals Comments
JC Lyle, WARM, Inc. Executive Director, expressed appreciation for the Board approving County funds to be
set aside each year for outside agency funding, particularly for capital improvements. She provided an overview of
the email she sent to the Board the prior week which was to appeal the New Hanover County Non-County Agency
Funding Committee's (committee) decision about the eligibility of WARM’s funding. She expressed her opinion that
over the years the committee has become increasingly reluctant to fund some of the critical infrastructure costs of
nonprofits. Those include items such as administrative staff and insurance premiums that nonprofits must spend
money on to get any of their work done. She noted that government contracts offer very little reimbursement for a
lot of the infrastructure costs, so nonprofits rely on funds from local governments, fundraising events, and
philanthropy. For every dollar that the County gave WARM in 2022, $30 was spent in the County on preserving the
affordable housing that is owner-occupied. It is expensive to build new and a lot more economical to preserve what
is already here. She hopes the Board will see that WARM as well as other nonprofits in the region are investments.
She expressed her hope that the Board will reconsider the committee's decision during this funding cycle by looking
at the criteria that the committee is using to determine what funds are eligible. She feels there is a lot of room for
nonprofits to grow and make a bigger difference in the community with this kind of support of flexible funds.
Hearing no further discussion, Chair Rivenbark asked for a motion to close the public hearing.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to close the public hearing on the FY
2023-2024 Recommended Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING ON THE ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE APPROPRIATIONS FOR FY 2023-
2024
Chair Rivenbark stated that pursuant to NCGS 158.7.1, the Board is required to hold a public hearing to
receive comments on appropriations and expenditures for economic development. The source of funding for these
appropriations and expenditures will be from the General Fund. The purposes of economic development and
economic incentive agreements are to increase the population, taxable property, agricultural industries,
employment, industrial output, or business prospects for New Hanover County. The economic development
expenditures that follow have been recommended for appropriation in the FY2023-2024 Recommended Budget.
The public is invited to comment on the following appropriations and expenditures:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 793
Chair Rivenbark asked for direction from the Board to close the public hearing.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to open the public hearing on the
economic development and economic incentive appropriations for FY 2023-2024. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chair Rivenbark stated that no one signed up to speak under the public comments portion of the public
hearing and asked for direction from the Board to close the public hearing.
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to close the public hearing on the
economic development and economic incentive appropriations for FY 2023-2024. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Zapple stated he would make a motion to adopt the Fiscal Year 2023-2024 budget to include
a reduction in the property tax rate by one-half cent per the information distributed to the Board prior to the
meeting.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to adopt the Fiscal Year 2023-2024
budget to include a reduction in the property tax rate by one-half cent per the information distributed to the Board
prior to the meeting.
Chair Rivenbark opened the floor to Board discussion.
Vice-Chair Pierce expressed appreciation for the work done on the budget and commented on the growth
that has been seen in the County over the past year with a budget that has gone from $508 million to $590 million.
She prefers to see a one cent reduction in the property tax rate rather than a one-half cent to return $5 million back
to the taxpayers as they continue to face increasing costs for items such as food, gas, mortgage rates, and insurance.
Commissioner Zapple expressed appreciation to staff for their work on the budget. The $590 million
includes additional funds that have come into the County through the increase in sales tax, which is starting and will
continue to flatten, and the receipt of American Rescue Plan Act (ARPA) funds which he feels have artificially inflated
the number. The programs and hires made because of those funds will end next year as there will be a correction
and the budget will not have those funds. The key indicator for him for government services is that cost alone has
not increased and is extremely modest and well within the price of inflation. He agrees that a property tax cut is
appropriate, and a one-half cent confirms that the County is watching its money.
Commissioner Barfield stated that he has not received any calls from citizens requesting a reduction in the
tax rate in recent years but rather from those who express their desire for various services, such as pickleball courts,
increased teacher pay, fair compensation for teacher assistants, and adequate staffing of County employees for the
parks. The community expects a certain quality of life and amenities, including robust parks, gardens, and a well-
functioning library system. He has been amazed by the willingness of residents from surrounding counties to pay an
annual $30 fee for a library card, as they value the library services offered which are not always available in their
home counties, and by those that come here to utilize the County’s parks. The community’s growth and prosperity
are evident in sales tax revenues that consistently exceed budgeted expectations. He feels the recommended budget
presented is appropriate and noted the previous year’s reduction in the tax rate. He stressed the need to maintain
sufficient reserves for unforeseen events (such as hurricanes), cautioned against the unintended consequences of
reducing or increasing the budget, and urged a comprehensive understanding of long-term impacts. The County’s
AAA bond ratings reflect its fiscal responsibility and wise resource management. While he does not think a reduction
in the tax rate is necessary, he stated would support a one-half cent reduction.
Commissioner Scalise stated he has received requests from citizens for a tax reduction, he advocated for it,
and the one-half cent reduction is a huge win for the citizens. He expressed concerns about how quickly the budget
increased due to the ARPA funds and how once the funds are used the Board will have the difficult task of
determining whether the programs/initiatives created with those funds are sustainable in perpetuity. His metric for
government funding of a program/initiative will be based on whether it provides a clear objective return on
investment for the citizens. There is a need to ensure that the budget grows at sustainable levels. He further stated
that the New Hanover Community Endowment (NHCE) was created for a specific purpose, and he wants to see that
purpose brought fully to life.
County Manager Coudriet responded to questions stating that the County already owns the Bank of
America (BOA) building which was purchased for use by CFCC. Without the debt issuance approval, the County would
not be able to reimburse itself and it would affect the fund balance. He understands that there is funding in the state
budget that could be appropriated to CFCC who would then be committed to buying the building from the County.
As such, there is an opportunity to replenish the fund balance by that method. If the Local Government Commission
(LGC) does not approve the debt issuance on June 6, 2023, the County will be short approximately $11.4 million in
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 794
terms of liquidity and the ability to react and respond to one-time expenses. As to the fund balance policy, the $11.4
million would not take the County below the floor of 18% but it would be below 21%. The policy states the fund
balance will be kept between 18 to 21%. Any funds above 21% are used towards one-time capital and capital outlay
as laid out in the recommended budget.
Commissioner Barfield stated that he would prefer the county manager and his team use their discretion
on what to pull from the budget rather than the Board direct that certain positions not be funded. He feels that the
county manager and staff understand how to right-size the organization to ensure the right people are in the right
places. He asked for County Manager Coudriet’s input on his comments. County Manager Coudriet responded that
he and the staff are here to serve the Board and its decisions and will advance whatever vote the Board takes.
A brief discussion ensued about the one position to be removed as part of proposed reductions for the
recommended budget, which is for a new position not an existing position. County Manager Coudriet responded to
questions stating that the position is one of two Social Services positions that were recommended for the quality
assurance division to ensure compliance with program rules. As to the state budget allocation for CFCC, he
understands that it is $30 million proposed over two years with $15 million of that being allocated in the first year
to assist with the purchase of the BOA building and then in a phased way, renovating the building for the purposes
of the allied health and nursing programs. As he understands it those are funds that will not be allocated to the
County but to CFCC and then CFCC for the intended purposes, would exercise accordingly. Vice-Chair Pierce
expressed appreciation to the state legislators for including the funding for CFCC in the state budget.
Hearing no further discussion, Chair Rivenbark called for a vote on the motion on the floor Upon vote, the
MOTION PASSED 4 TO 1. Vice-Chair Pierce dissenting.
Chair Rivenbark stated that in accordance with NCGS 14-234.3 which prohibits public officials who also
serve as directors, officers, or governing board members for non-profits from participating in making or
administering any contracts with those non-profits. When a governing board considers a contract with a non-profit,
including any award of money, board members involved with that non-profit must recuse themselves from any
deliberation and record their recusal with the clerk. The recusal process for the FY 2023-2024 Recommended Budget
meets the governing board members’ duty to vote and recusal procedure requirements. The recusal vote will excuse
each board member from deliberation and voting on appropriations and expenditures for the non-county, economic
development, and social impact agencies due to a conflict of interest. It specifically excuses Chair Rivenbark from
Greater Wilmington Chamber of Commerce, Wilmington Business Development, and Wilmington Regional Film
Commission; Vice-Chair Pierce from The Southeastern Partnership, Inc.; Commissioner Barfield from Blue Ribbon
Commission Prevention of Youth Violence, Greater Wilmington Youth Initiative, Inc., and Soaring As Eagles Outreach
Ministry, Inc.; Commissioner Scalise from Cape Fear Council of Governments and Wilmington Downtown, Inc.; and
Commissioner Zapple from Leading into New Communities, Inc. and Thalian Hall Center for the Performing Arts, Inc.
Chair Rivenbark asked for direction from the Board.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to recuse each board member from
deliberation and voting on appropriations and expenditures for the non-county, economic development, and social
impact agencies due to a conflict of interest as listed by the chair. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chair Rivenbark stated that a vote is needed to appropriate and administer a contract for individual non-
county, economic development (based on the finding that the appropriations and expenditures will increase the
population, taxable property, agricultural industries, employment, industrial output, or business prospects for the
County) and social impact agencies. The board must take a separate vote for each agency. Chair Rivenbark asked for
direction on the following agencies:
Wilmington Business Development (excludes Chair Rivenbark):
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve the
appropriation, and administer a contract for Wilmington Business Development. Upon vote, the
MOTION PASSED 4 TO 0.
Wilmington Regional Film Commission (excludes Chair Rivenbark):
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the
appropriation, and administer a contract for Wilmington Regional Film Commission. Upon vote,
the MOTION PASSED 4 TO 0.
The Southeastern Partnership, Inc. (excludes Vice-Chair Pierce):
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the
appropriation, and administer a contract for The Southeastern Partnership, Inc. Upon vote, the
MOTION PASSED 4 TO 0.
Blue Ribbon Commission Prevention of Youth Violence (excludes Commissioner Barfield):
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the
appropriation, and administer a contract for Blue Ribbon Commission Prevention of Youth
Violence. Upon vote, the MOTION PASSED 4 TO 0.
Greater Wilmington Youth Initiative, Inc. (excludes Commissioner Barfield):
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve the
appropriation, and administer a contract for Greater Wilmington Youth Initiative, Inc. Upon vote,
the MOTION PASSED 4 TO 0.
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JUNE 5, 2023 REGULAR MEETING PAGE 795
Soaring As Eagles Outreach Ministry, Inc. (excludes Commissioner Barfield):
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the
appropriation, and administer a contract for Soaring As Eagles Outreach Ministry, Inc. Upon vote,
the MOTION PASSED 4 TO 0.
Cape Fear Council of Governments (excludes Commissioner Scalise):
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the
appropriation, and administer a contract for Cape Fear Council of Governments. Upon vote, the
MOTION PASSED 4 TO 0.
Wilmington Downtown, Inc. (excludes Commissioner Scalise):
Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the
appropriation, and administer a contract for Wilmington Downtown, Inc. Upon vote, the MOTION
PASSED 4 TO 0.
Leading into New Communities, Inc. (excludes Commissioner Rob Zapple):
Motion: Commissioner Barfield MOVED, SECONDED by Chair Rivenbark to approve the
appropriation, and administer a contract for Leading into New Communities, Inc. Upon vote, the
MOTION PASSED 4 TO 0.
Thalian Hall Center for the Performing Arts, Inc. (excludes Commissioner Zapple):
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve the
appropriation, and administer a contract for Thalian Hall Center for the Performing Arts, Inc. Upon
vote, the MOTION PASSED 4 TO 0.
Chair Rivenbark asked for a motion and a second adopt the mental health and substance use fund
expenditures as revised and the opioid settlement fund expenditures as revised in the FY2023-2024 Budget
Ordinance.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the mental health and
substance use fund expenditures and the opioid settlement fund expenditures as revised in the FY2023-2024 Budget
Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chair Rivenbark asked for a motion and a second exclusive of the appropriations voted on for non-
county/economic development and economic incentives appropriations recusing commissioners with conflicts of
interest, to adopt the FY2023-2024 Budget Ordinance inclusive of the Capital Projects Ordinance as revised.
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple exclusive of the appropriations voted
on for non-county/economic development and economic incentives appropriations recusing commissioners with
conflicts of interest, to adopt the FY2023-2024 Budget Ordinance inclusive of the Capital Projects Ordinance as
revised. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK: Chair Rivenbark called for a break from 5:11 p.m. to 5:27 p.m.
Chair Rivenbark called the meeting back to order and stated that one additional agency vote was needed
for the Greater Wilmington Chamber of Commerce appropriation and contract administration. He asked the Board
for a motion and second for the Greater Wilmington Chamber of Commerce.
Greater Wilmington Chamber of Commerce (excludes Chair Rivenbark):
Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the
appropriation, and administer a contract for Greater Wilmington Chamber of Commerce. Upon
vote, the MOTION PASSED 4 TO 0.
Chair Rivenbark asked Clerk Crowell to request a vote clarification from Vice-Chair Pierce on the FY2023-
2024 Budget Ordinance. Clerk Crowell asked Vice-Chair Pierce if it was correct that her vote for the motion on
“Exclusive of the appropriations voted on for non-county/economic development and economic incentives
appropriations recusing commissioners with conflicts of interest, to adopt the FY2023-2024 Budget Ordinance
inclusive of the Capital Projects Ordinance as revised” was in favor. Vice-Chair Pierce stated that her vote was no.
Clerk Crowell stated she would correct the motion.
Corrected Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple, exclusive of the
appropriations voted on for non-county/economic development and economic incentives appropriations recusing
commissioners with conflicts of interest, to adopt the FY2023-2024 Budget Ordinance inclusive of the Capital
Projects Ordinance as revised. Upon vote, the MOTION PASSED 4 TO 1. Vice-Chair Pierce dissenting.
A copy of the budget ordinance and opioid settlement fund project ordinance are hereby incorporated as
part of the minutes and contained in Exhibit Book XLIX, Page 11.6.
PUBLIC HEARING AND APPROVAL OF TEXT AMENDMENT REQUEST (TA23-02) BY NEW HANOVER COUNTY
PLANNING AND LAND USE TO AMEND SECTION 10.2.3 COMMUNITY INFORMATION MEETING TO CLARIFY
EXPECTATIONS AND STANDARDS FOR COMMUNITY INFORMATION MEETINGS REQUIRED FOR APPLICATIONS FOR
CONDITIONAL REZONINGS, PLANNED DEVELOPMENTS, AND INTENSIVE INDUSTRY SPECIAL USE PERMITS
Planning and Land Use Director Rebekah Roth introduced the staff-led text amendment to the Unified
Development Ordinance (UDO). The amendment was initially presented to the Planning Board in February, and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 796
drafts were released for public comment in late March. The public was given three and a half weeks in April to
provide comments. The Planning Board recommended approval (6 – 0) of the proposed amendment during its May
4, 2023 meeting. The purpose of the amendment is to provide clarity regarding the requirements for community
information meetings, which are mandated by the UDO for conditional rezonings, planned developments, and
intensive industry special use permits (SUP). The intention is to ensure that applicant teams, neighboring residents,
and board members have a shared understanding of the meeting's purpose, acceptable formats, and the type of
information to be included when an application progresses to a public hearing. Meetings are required to be held
before application submission, serving as the initial opportunity for many residents and property owners to learn
about the proposed project. The discussions during the meetings are intended to be considered by the applicants in
finalizing their application, often resulting in modifications to the proposal before it is reviewed by planning and
technical staff and made available to the public prior to the public hearing.
The draft amendment clarifies the purpose of the community meetings and states that a meeting
notification should be provided to the Planning Department. It also requires the submission of a list of all invited
individuals as part of the application process for transparency. Several administrative documents, which accompany
the amendment, outline expectations for meeting conduct, information to be provided, recommendations on
appropriate locations, template formats, meeting notice requirements, and report submission.
Ms. Roth concluded the staff presentation stating that the draft amendment being presented aligns with
the version that the Planning Board recommended, with a few exceptions as marked in underlined blue text in the
packet on page 14-3-1. Following the public comment period, the Planning Board received 12 total comments. Eight
were supportive, two were against, and two did not express a clear position. A common theme in the comments
was a request for an additional provision requiring community information meetings for industrial SUPs within the
County's I-1 zoning district. That request, however, is beyond the scope of the current amendment. If the Board
decides to pursue the requested amendment, the staff suggests treating it as a separate amendment for transparent
public notice and review. If the proposed text amendment is approved, the materials will be posted on the County
rd
website later in the week, to be used for applications submitted for the upcoming July 3 Planning Board deadline.
Chair Rivenbark announced that six people signed up to speak in favor and no one signed up in opposition
of the request. The following speakers spoke in favor of the request noting that they would also like for the County
to consider an amendment to require community information sessions for the I-1 Light Industrial areas prior to
submitting SUP applications. They also commented that the request is good and logical governance, effective
management procedures, increases transparency and awareness of County actions, seeks to enhance, and preserve
some of the beauty and resources in the County, and is a great opportunity for businesses to be good community
partners:
Kemp Burdette Dr. Robert Parr
Kayne Darrell Roger Shew
Clark Henley
Chair Rivenbark closed the public hearing and hearing no further Board discussion, asked for direction from
the Board.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to recommend approval of the
proposed amendment to the New Hanover County Unified Development Ordinance to clarify expectations for
required community information meetings and the proposed administrative documents. The Board finds it to be
consistent with the purpose and intent of the 2016 Comprehensive Plan because they clarify an important part of
the planning process necessary to support the goals of the Comprehensive Plan for a vibrant community supportive
of private investment that also conserves and enhances our sense of place. The Board also finds recommending
approval of the proposed amendment reasonable and in the public interest because it clarifies expectations for
applicants, citizens, and board members related to community meetings. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Zapple stated that he would also make a motion to direct staff to investigate and report back
to the Board on requiring community information sessions for the I-1 Light Industrial areas for special use permits.
Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to direct staff to investigate and report back
to the Board on requiring community information sessions for the I-1 Light Industrial areas for special use permits.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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 XLIX, Page 11.7.
PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z23-09) BY ROB TANNER WITH IMPECCABLE
DEVELOPMENT, APPLICANT, ON BEHALF OF ANDREA JONES, GWENDOLYN HORTON, CHRISTIN DEENER, DWAYNE
BARR, AND KIMBERLEE BARR, PROPERTY OWNERS, TO REZONE SEVEN (7) PARCELS TOTALING APPROXIMATELY
11.77 ACRES OF LAND LOCATED AT 6800, 6808, 6814, 6818, 6820, 6824, AND 6828 CAROLINA BEACH ROAD FROM
R-15, RESIDENTIAL TO APPROXIMATELY 2.37 ACRES OF (CZD) B-1, NEIGHBORHOOD BUSINESS AND
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 797
APPROXIMATELY 8.6 ACRES OF LAND TO (CZD) RMF-M, RESIDENTIAL MULTI-FAMILY - MODERATE DENSITY FOR A
CONVENIENCE STORE WITH FUEL STATIONS AND A MAXIMUM 128 UNIT MULTI-FAMILY DEVELOPMENT
Senior Planner Robert Farrell presented the conditional rezoning request stating it pertains to
approximately 11.7 acres located at the 6800 block of Carolina Beach Road at the intersection of Carolina Beach and
Myrtle Grove Roads. Originally zoned as R-15 Residential in the 1970s, the applicant seeks to rezone the area to B-1
Neighborhood Business and RMF-M, Residential Multi-Family – Moderate Density. The R-15 zoning was designed to
maintain low housing densities due to the reliance on private wells and septic systems. However, public water and
sewer services have since become available in the area. The location is bordered by a manufactured home park to
the north and parcels to the south were recently rezoned for a similar purpose of a convenience store with fuel
pumps and triplexes. The Old Cape Cod neighborhood is located to the south, while the western area is dedicated
conservation land owned by CFCC and the NC Coastal Land Trust.
The proposed conceptual plan includes a convenience store with fuel pumps, a private access road, 128
multi-family dwelling units in six apartment buildings, a stormwater pond, an amenity area, and perimeter parking.
Mr. Farrell outlined specific features of the conceptual plan, including the preservation of two significant live oak
trees, and the provision of a pedestrian facility along Carolina Beach Road. The multi-family area consists of five
three-story structures and one two-story structure closest to the neighboring residential properties to the south.
The parking lot creates an additional spatial buffer, and another amenity and tree-saving area is proposed in the
center of the site. The project is expected to generate approximately 330 AM and 250 PM more peak hour trips than
under current zoning. A Traffic Impact Analysis (TIA) was approved in March 2023, considering an anticipated growth
rate of 1.5%. Necessary improvements include an extension of the existing northbound U-turn lane on Carolina
Beach Road with a new traffic signal, construction of a new southbound right turn lane at the intersection, and
construction of a right-in, right-out secondary access to the site. Based on the current general student generation
rate, the potential increase would result in approximately 21 additional students than would be generated under
the current zoning. The applicant has offered additional conditions to minimize impacts on adjacent parcels and
allow for future pedestrian infrastructure connections. The project increases housing diversity in the area and is in
line with the 2016 Comprehensive Land Use Plan (Comprehensive Plan), which designates the property as
Community Mixed Use. Furthermore, 10% of the units are voluntarily designated as workforce housing for a
minimum of 15 years.
The Planning Board recommended approval (6 – 0) of the application at its May 4, 2023 meeting. The
decision considered the applicant’s additional voluntary condition related to workforce housing and found the
request consistent with the Comprehensive Plan, reasonable, and in the public interest. One member of the public
opposed the request due to concerns about traffic safety at the intersection. The staff concurs with the Planning
Board's recommendation and conditions related to screening, tree preservation, a height limit for the southernmost
multi-family structure, exterior lighting, pedestrian access, and stormwater management. Mr. Farrell concluded the
presentation by noting that staff have not received additional comments regarding the application. If the rezoning
is approved, the development of the site will undergo additional review to ensure all land use regulations are met.
Mr. Farrell responded to questions stating that Cape Fear Public Utility Authority (CFPUA) has provided a
letter of commitment stating that capacity is available in the area with extensions the developer would make to
nearby water and sewer.
Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make remarks.
Amy Schaefer, attorney with Lee Kaess and representing the applicant Rob Tanner with Impeccable
Development, on behalf of the property owners, Andrea Jones, Gwendolyn Horton, Christin Deener, Dwayne Barr,
and Kimberlee Barr, stated that the project is at the intersection of Myrtle Grove Road and Carolina Beach Road at
the light with direct access to Carolina Beach Road. While the surrounding zonings are R-15, the actual use of the
property right now from a GIS calculation is a little bit higher than that at 14 units per acre. Carolina Pines, directly
to the north, is about seven units per acre and Old Cape Cod is about six units per acre. The subject site is not
surrounded by a bunch of 2.5 units per acre single family housing, like some of the other R-15 zoning districts that
are in actual use. After the community meeting, the project did change a lot. The proposed project initially came in
at medium family high density and was submitted for almost 300 apartment units. After the community meeting
and meeting with staff on the initial concept and in reviewing what the future land use plan calls for, the actual
submission was for 128 apartments which is under both the Multi-Family Medium and the Community Mixed Use
designations in that area. Based on the neighbors’ request, building G, which is the building to the south next to Old
Cape Cod, is now a two-story building with a height of about 34-feet. Under the current R-15 zoning a building can
be built up to 40-feet which means there could be a taller house next to the single-family residential than what is
being proposed and the buffers and setbacks would not be as large. An arborist performed a tree survey and
determined there are two significant live oak trees on the front of the property. In addition to the other changes,
the commercial component of the property has been pushed back to be able to save the two live oaks in addition to
their critical root zone. An agreement has been reached with the neighbors to put a fence around the property.
Regarding the housing needs study that was recently updated, that data shows the need for apartments. Ms.
Schaffer’s clients agree to have 10% of the units be affordable units at 80% average median income (AMI) for no less
than 15 years. She provided an overview of the housing needs for the Wilmington, NC metro area:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 798
She stated that the affordable units are going to be provided at the developer’s expense, with no requested subsidy
from the County or any tax incentives. She reiterated it is a developer initiative.
Regarding traffic improvements, the required TIA was based on the original application submission that
included 300 units. Now the number of units has been reduced to 128 units, and there was not a request to modify
the requirements for the TIA from the upper number. The improvements that the WMPO and NCDOT have
requested are at the higher unit count number. Ms. Schaeffer reviewed the required mitigation to extend and
construct multiple turn lanes on U.S. Highway 421 and provide modifications to the traffic light. Currently, there is
no water or sewer service at the property. Sewer service is available from Aqua North Carolina in Old Cape Cod and
there are two points of CFPUA water connections. Discussion has started about extending water and sewer services
to the property line, which results in a capital improvement that the developer would be taking on for the County.
People will be allowed to connect to the line if they so desire. Ms. Schaeffer reiterated it is a development cost and
a project cost that her clients have already been investigating with those utility providers. She does not know the
developer/property owner of the other recently approved gas station. Her clients are close to signing a lease with a
national gas station convenience store chain.
Ms. Schaeffer concluded the applicant presentation stating that the factors for approval of the rezoning
request are that the project is classified as a Community Mixed Use in the Comprehensive Plan and promotes a mix
of retail, office, and medium-density residential. The project contributes to revitalizing commercial corridors,
promoting environmentally friendly growth in clustering, development, and providing a range of housing types and
opportunities. Other factors for the rezoning approval include addressing the needs in the Bowen Housing Needs
Assessment report and update, providing for water and sewer services to the property, and the proposed B-1 at the
front and RMF-M to the rear of the property which allow for appropriate transition between zoning uses. The
proposed project complies with the Comprehensive Plan and provides additional conditions of approval including
traffic mitigation beyond the development, tree save conditions, workforce housing, and the unit count is under the
future land use plan of Community Mixed Use.
Ms. Schaeffer, Jeremy Potter with Ramey Kemp, and Alex Kimbrell with Kimley Horn responded to questions
about traffic improvements, sidewalk connections, connectivity concerns due to the agreement to install a fence
around the subject site, and traffic counts. Ms. Schaeffer stated that her client is exploring the low income housing
tax credits funding possibilities, but it is unreliable funding and is a lot longer process than her clients have under
the current contract. She reiterated that her clients are committed to further exploring affordable housing
opportunities, but at this point without subsidies, what is being presented is a developer offered project. Mr. Potter
stated that the dedicated turn lane need will be determined with the signal redesign. He also noted that traffic is
not at maximum capacity at the intersection.
Chair Rivenbark 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.
A brief Board discussion ensued about having three gas stations and associated convenience stores in
essentially the same area. Commissioner Zapple commented that he feels the Board needs to be intentional about
what type of development it wants along the subject corridor. He prefers to see retail and commercial in the subject
area to take traffic off the road through connectivity, so people do not have to use Carolina Beach Road to get to
services. His objection is to there being three gas stations, not two in the same area. Commissioner Barfield
commented that he does not think the Board is in the business of choosing what industry comes forward and where
it is located. The private sector and the people that use the services will determine what is desired in the areas. The
land belongs to private individuals not the County. There would be a gas station on either side of the road and
development of nodes happens over time. Vice-Chair Pierce commented that the market will dictate itself and there
needs to be something on the southbound side of the road for gas services. She expressed appreciation for the
efforts to rework the traffic intersection in the area, the conditions the applicant has agreed to, the inclusion of
workforce housing at the applicant’s expense, and noted the need for true apartment rentals that are not for sale
nor short term rentals. Commissioner Scalise commented on his review of the application and determination that
the subject site should be rezoned as requested. Chair Rivenbark commented on how fast the apartment complexes
that have already been built have been fully rented.
Hearing no further discussion, Chair Rivenbark asked Ms. Schaefer if, based on the Board discussion and
items presented during the public hearing, whether she would like to withdraw the petition or proceed with the
vote. Ms. Schaefer responded that she wanted to proceed with the vote. Chair Rivenbark asked for direction from
the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 799
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve of the proposed rezoning.
The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed
density and housing type is within the recommendations of the Community Mixed Use place type and the
commercial development acts as an appropriate transition between the highway corridor and residential
development. The Board also finds approval of the rezoning request is reasonable and in the public interest because
the project provides interconnectivity and housing diversity at an appropriate density to act as a transition between
existing commercial and residential development. An additional voluntary condition by the applicant also ensures
workforce housing affordability for 10 percent of the units for a period of 15 years. The following proposed
conditions are included as part of the approval:
1. An opaque fence shall be provided along the property line adjoining any existing residential
development. The fence location may be adjusted by Planning staff to accommodate any utilities,
easements, or saved / protected trees.
2. The two (2) specimen trees shown on the concept plan along Carolina Beach Road shall be retained
and preserved on site.
3. Existing trees onsite will be preserved that do not impact required land grading or other improvements
and future amenities as identified in the required Tree Removal Permit.
4. The southernmost multi-family structure as shown on the concept plan shall be limited to two stories
in height.
5. Exterior lighting will be designed and installed to maintain adequate lighting levels on the proposed
site while assuring that excessive light spillage and glare are not directed at adjacent property,
neighboring areas, or motorists.
6. A sidewalk or multi-use path shall be installed along Carolina Beach Road extending from the northern
property line to the southern property line with stubs for connection to existing or future pedestrian
facilities on adjacent parcels. Pedestrian crossing labeling meeting NCDOT minimum requirements for
pedestrian safety shall be installed at both driveway entrances. The pedestrian facility along Carolina
Beach Road shall be within a dedicated public access easement.
7. A stormwater maintenance agreement shall be made between the convenience store with fuel pumps
and the multi-family development if they are on separate parcels or under separate ownership.
8. The project will include a minimum of 10% of the units as workforce housing units that will be made
available for a period of no less than 15 years with rental limits based upon HUD income limits of 80%
AMI.
An agreement between the developer and the county will be required before the issuance of a
Certificate of Occupancy for the multi-family portion of the project. The agreement shall specify the
number of affordable units provided; the income limits; rent limits subject to annual change; the period
workforce housing units must remain affordable; any other criteria necessary for compliance and
monitoring; an established timeframe for annual reporting from the developer or owner of the
development to New Hanover County. Annual reports shall provide the following minimum
information: unit number; bedroom number; household size; tenant income; and rent rate.
The developer or owner of the development shall report any mid-year lease changes to workforce
housing units to New Hanover County to ensure lease changes remain compliant with the agreement.
If the total number of workforce housing units falls below the minimum of 10% of the units before the
expiration of the minimum 15-year period of affordability the development will be subject to
enforcement measures found in Article 12 - Violations and Enforcement of the Unified Development
Ordinance.
Upon vote, the MOTION PASSED 4 TO 1. Commissioner Zapple dissenting.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF
NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes
and is contained in Zoning Book I, Section 4, Page 126.
QUASI-JUDICIAL PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST (S23-02) BY LYNDA
KACHMAN WITH RISING STARS OF NORTH CAROLINA, LLC, APPLICANT, ON BEHALF OF SANDFIDDLER PROPERTIES,
LLC, PROPERTY OWNER, FOR THE USE OF CHILDCARE CENTER AT THE APPROXIMATELY 0.82-ACRE PARCEL
LOCATED AT 320 VAN DYKE DRIVE, ZONED I-1, LIGHT INDUSTRIAL
Chair Rivenbark stated that this is a quasi-judicial hearing and that before the hearing is opened, the deputy
county attorney will provide an overview of the hearing procedures.
Deputy County Attorney Karen Richards stated that the request is for an SUP which is a quasi-judicial
hearing and if called for a quasi-judicial hearing, the Board must find four elements as finding of facts, and they must
be clearly stated on the record. Those four findings must include that the use will not materially endanger the public
health or safety, the use does meet all required conditions and specifications of the UDO, the use will not
substantially injure the value of adjoining or abutting property, and the use will be in harmony with the area in which
it located and in general conformity with the Comprehensive Plan for New Hanover County. If the Board of
Commissioners determines that any of the elements cannot be made on the evidence, that alone may be the basis
for denial. The Board of Commissioners only needs to find that the evidence does not support one element, not all
four, to deny the application. There have been plenty of court decisions that say what is relevant and competent
evidence. That would be testimony from experts, testimony from people who have standing, and the Board can
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 800
make those inquiries when they come to testify as they have been sworn in. It is not necessarily based on opinion.
If that is a neighbor of the property and the Board finds they have standing, they would be the one that knows their
property, not that they would be an expert. As such, that opinion could qualify but not the neighbors down the
street, for example. Once the Board finds the people do have standing, those persons may cross examine others or
object to testimony. While that does not usually happen in this forum, the Board needs to be aware of that ability.
The Board may ask staff and applicants questions and can also table the matter for additional evidence or experts
that might be needed by either party.
Chair Rivenbark opened the public hearing and announced that the special use process requires a quasi-
judicial hearing and any person wishing to testify must be sworn in by the clerk to the board. He requested all persons
who signed up to speak and wish to present competent and material testimony to step forward to be sworn in.
Amy Doss Jack Kilbourne
Rebekah Roth Lynda Kachman
Scott James Portia Jackson
Colin Tarrant Jim Iannucci
Chair Rivenbark further stated that a presentation will be heard from staff, then the applicant group and
the opponent’s group will each be allowed fifteen minutes for presentations and an additional five minutes, if
necessary, for rebuttal. He asked Current Planner Amy Doss to start the presentation.
Ms. Doss presented the SUP request stating that it is for a childcare center in a Light Industrial zoning
district. Conditions may be applied to the request to ensure compliance with a required conclusion. The site is
located at the corner of Amsterdam Way and Van Dyke Drive in the Dutch Square Industrial Park. It was originally
zoned R-15 in the early 1970s. The property was rezoned to I-1, Light Industrial in 1979 for the development of an
industrial complex. In review of the aerial photos, Ms. Doss noted the existing structure, the intersection of
Amsterdam Way and Van Dyke Drive, and the existing conditions of the subject property.
Childcare centers are permitted in most commercial districts but require the additional steps of the SUP in
residential and industrial districts to ensure it is appropriately evaluated for the specific site and surrounding uses.
The childcare center will serve up to 60 children aged 0-12 years old. The request will allow the existing childcare
center at 6743 Amsterdam Way to expand the number of children they can accommodate. The existing commercial
structure will be converted for the proposed use and a fenced outdoor area will be added. No other changes are
proposed for the site. The existing driveway access on Van Dyke Drive will be used. There are three State
Transportation Improvement Projects (STIP) nearby, the details of which are in the staff report that is included in
the agenda packet. The proposed development would increase traffic by approximately 39 AM and 37 PM peak hour
trips. The subject site is located within the boundary of areas classified as Employment Center place types in the
Comprehensive Plan, the types of uses encouraged include commercial uses designed to serve the needs of the
employment center.
The staff has created preliminary findings of fact for each of the four conclusions required to be reached to
approve an SUP. These preliminary findings and conclusions are based solely on the information provided to date,
prior to any information or testimony in support of or opposition to the request:
1. The use will not materially endanger the public health or safety where proposed and developed
according to the plan as submitted and approved.
Conclusion: the preliminary staff findings generally address utilities, fire protection, access,
environmental features, and traffic
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
Conclusion: the findings address compliance with various ordinance requirements including
dimensional standards
3. The use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity.
Conclusion: the findings address existing site conditions and land uses in the vicinity
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.
Conclusion: addresses compatibility with the surrounding area and compatibility with the
Comprehensive Plan
Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks.
Lynda Kachman with Rising Stars of North Carolina, LLC, applicant, on behalf of Sandfiddler Properties, LLC,
property owner, stated that the subject site is a half mile around the corner from the current Rising Stars center. If
approved, the SUP would allow for Rising Stars to be able to move its school-aged students and four year olds over
to the new location, freeing up about 60 spaces at the current location. That would allow for more children from the
ages of 0 to three at the current location. It would also allow for more subsidy children. The Rising Stars wait list is
currently over 300. The request would provide a benefit for parents who have siblings. Sites were looked at that
were off Market Street but with the traffic and trying to go from the current location to another location off Market
Street to pick up siblings, it would create additional time spans. The time span would only be two minutes between
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
JUNE 5, 2023 REGULAR MEETING PAGE 801
the two locations if the SUP is approved. The proposed development would also create eight to ten more
employment opportunities with the company.
Commissioner Barfield stated that he recognized the need for more daycare centers and spaces. Most of
the good quality centers in the community have long wait lists. He expressed appreciation for the effort to create
greater capacity to ensure that parents going to work have a place to take their children.
Chair Rivenbark 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.
Hearing no further discussion, Chair Rivenbark closed the public hearing and asked the applicant whether
she agrees with the staff findings. She stated that she agrees with the staff findings. Chair Rivenbark asked for the
Board’s direction on the request.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to approve the permit as the Board
finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact
included in the Staff Report. 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 95.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chair Rivenbark stated that one person signed up to speak under public comment.
Andy Wood, representing Coastal Plain Conservation, presented an overview of the Island Creek ecosystem
noting that said area is predominantly composed of hydric soils, which are soils that form under conditions of
saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper
part that supports flora adapted to these wet conditions as they are poorly to very poorly draining soils. The wet
soils and significant plant and animal communities in Island Creek, should be fully assessed for their ecological value
and physical limitations for construction prior to any development. The benefits of long term, area wide planning is
essential and consideration as well as equal respect for protection needs to be given for the natural areas such as
Island Creek when considering the consequences of development.
ADDITIONAL AGENDA ITEMS OF BUSINESS
County Manager Coudriet reminded the Board of what it created with the hospital sale and approval of the
creation of the NHCE that is worth $1.33 billion and the uniqueness of the NHCE.
Commissioner Barfield commended County Manager Coudriet and staff for putting together the FY2023-
2023 budget.
Commissioner Scalise recognized his children and noted his pleasure to work on their and other children’s
behalf.
Commissioner Zapple thanked the Board and staff for the FY2023-2024 budget. He also looks forward to
the next round of NHCE disbursements, which he hopes will occur soon.
ADJOURNMENT
There being no further business, Chair Rivenbark adjourned the meeting at 6:58 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.