2023-08-03 Agenda Review
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
AUGUST 3, 2023 AGENDA REVIEW MEETING PAGE 836
ASSEMBLY
The New Hanover County Board of Commissioners met on August 3, 2023 at 4:03 p.m. for Agenda Review
in Conference Rooms 138-139 at the New Hanover County Government Center, 230 Government Center Drive,
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 K. Jordan Smith; and Clerk to the Board
Kymberleigh G. Crowell.
Chair Rivenbark called the Agenda Review meeting to order and announced that the purpose of the meeting
is to review and discuss the agenda items for the August 7, 2023 Regular Meeting with discussions as noted:
Consent Agenda Item #2: Adoption of Budget Amendments. 911 Director Hope Downs answered
questions regarding budget amendment (B/A) 24-001 clarifying that the 911 Board conducted a six-year review of
items funded via the Emergency Telephone System (ETS) Fund. Two items were found ineligible: 1) the universal
power supply at the backup center because the vendor failed to confirm that the equipment was connected to the
County's 911 system before the set deadline due to communication issues with the 911 Board and 2) aspects of the
computer assisted dispatch (CAD) system were also ineligible. While monitors are eligible, resource monitors are not
and are not specific to individual telecommunicators.
Consent Agenda Item #3: Approval of a request by the City of Wilmington to waive landfill tipping fees
for the nCino Sports Complex project. County Manager Coudriet stated in response to questions that this is the only
investment the County is making for the nCino Sports Complex project. Environmental Management Director Joe
Suleyman added that this is the second instance in his 11-year tenure where the County considered waiving tipping
fees for the City of Wilmington. The project is a part of the 2016 Parks Bond and is primarily sponsored by nCino.
Mr. Suleyman confirmed that the project site, formerly a landfill, was closed by the NC Department of Environmental
Quality around 1973-74. Although most organic material has decomposed, construction has revealed inert materials
like glass, metals, and plastics in the soil. Given the site's history, materials like lead paint or asbestos might be
present. The estimated cost of managing the waste and waiving the tipping fee is roughly $350,000, though the
actual amount could be less.
Mr. Suleyman responded to questions about trash truck cleaning procedures. Up until about 18 months
ago, the landfill had a designated area for drivers to empty residual material from their trucks. However, many
drivers discarded waste in undesignated, groomed, and graded areas. Reminder letters were sent to all haulers about
the correct cleaning location; however, one driver was caught dumping on the roadway. As such, staff discontinued
the truck cleaning practice at the landfill.
Consent Agenda Item #4: Adoption of a Resolution of Support for the Wilmington Urban Area
Metropolitan Planning Organization's (WMPO's) Resilience Improvement Planning Grant Application through the
United States Department of Transportation’s Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) Program. Planning and Land Use Director Rebekah Roth stated in response
to questions that she does not believe the funding would encompass partial funding for a bridge. The funding is to
address emergency management concerns around resilience. WMPO Director Mike Kozlosky stated that the grant
will allow the WMPO to develop a resiliency improvement plan and the recommendations of the plan could be folded
into projects that have been identified through this effort. While a bridge is part of the County’s critical
infrastructure, this request is for a $4 million planning grant to allow the WMPO to perform simulations of
vulnerability assessment, prioritize projects, and incorporate recommendations from the plan into those projects.
Regular Agenda Item #6: Appointment of Voting Delegate to the 2023 North Carolina Association of
County Commissioners (NCACC) Annual Conference. Commissioner Barfield stated that he would like to serve as
the voting delegate for the 2023 NCACC Annual Conference.
Regular Agenda Item #7: Consideration of Approval of an Amendment to the Development Agreement
to decrease the guaranteed maximum price for the Redevelopment of the Wilmington City Block bounded by
Chestnut Street, Grace Street, and North Third Street; and Consideration of a Resolution Authorizing the
Negotiation of an Installment Financing Contract Not to Exceed $57 Million, Directing the Publication of Notice
with Respect Thereto, and Providing for Certain Other Related Matters. Commissioner Barfield commended County
Manager Coudriet on his recent media interview and noted that the City of Wilmington is now excited about Project
Grace. Chief Financial Officer Eric Credle stated in response to questions that $1,829,901 was the correct number
for project management fees. Chief Facilities Officer Sara Warmuth stated that the guaranteed maximum price
(GMP) is now $4,582,182 less than the original development agreement. Exhibit C-1 reflects the new line items and
will be reviewed during Monday’s presentation as part of the discussion about the elements, design and engineering,
construction, construction contingency, project management fees, and additional fees. There will also be a slide
reflecting the comparison between the initial development agreement and the amended development agreement.
Regular Agenda Item #8: New Hanover County Plan for Transportation Agreement of NHC Involuntary
Commitments (IVC) Respondents as required by NCGS 122C-251. Discussion ensued about making IVC transports
more humane as the individuals are dealing with mental health and other issues. Deputy County Attorney Karen
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35
AUGUST 3, 2023 AGENDA REVIEW MEETING PAGE 837
Richards stated in response to questions that Novant proposed Allied Services, a trained third party, to manage the
transports. If approved, Allied Services, contracted by Novant Health, will oversee all transports except for high-risk
or dangerous transports. Those will continue to be managed by the Sheriff’s Office. After further discussion, Ms.
Richards stated she will add language in the agreement to state that “...to the extent feasible each respondent will
be transported with the dignity and respect allowed on a case-by-case basis…”
Regular Agenda Item #9: Rezoning Request (Z23-12) – Request by William Block with Olympus Holding
Company Castle Hayne, LLC, applicant, on behalf of Patricia Roseman with Blue Tank, LLC and Holly Tank, LLC,
property owners, to rezone approximately 23.01 acres zoned I-1, Light Industrial and approximately 49.38 acres
zoned I-1 and R-15, Residential located at 5210 Holly Shelter Road and 5735 Blue Clay Road to (CZD) RMF-L,
Residential Multi-Family – Low Density for a maximum of 521 residential units consisting of multi-family, attached,
and detached residential dwelling units. Development Review Supervisor Robert Farrell explained in response to
questions that a concrete plant is directly across the street and to the north across Holly Shelter Road is a mining
operation and associated industrial processing plant. County Manager Coudriet stated that also in the vicinity is the
County’s planned business park. Mr. Farrell stated that the applicant will address the third condition of approval
about the declaration statement that is to be recorded in the property’s chain of title regarding the property's
proximity to industrial activities that might result in noise, vibrations, and traffic. Ms. Richards stated that the
declaration verbiage was drafted based on past airport nuisance conditions and is intended to notify future
residents, potentially reducing nuisance claims. The information will be included in lease agreements, as the project
was first proposed as a leasing community. County Attorney Smith acknowledged potential liability claims against
the County but finds them unlikely to succeed. Mr. Farrell confirmed the existing homes on McGregor Road to be
mainly manufactured or stick built.
Regular Agenda Item #10: Rezoning Request (Z23-13) - Request by Cindee Wolf with Design Solutions,
LLC, applicant, to rezone four parcels totaling approximately 0.92 acres of land located at 4801, 4805, 4809, and
4813 Shelley Drive from R-15, Residential to (CZD) R-5, Residential for a maximum of 7 single-family residential
lots. Mr. Farrell responded to questions stating that staff does not include potential North Carolina Department of
Transportation (NCDOT) parcel acquisitions when considering a rezoning request even though it may increase
property values. NCDOT has indicated flexibility around the project and noted that the curved road design is not
final. The potential ingress/egress stub would be located based on NCDOT’s current concept plan as well as having
enough open space to meet the requirements under the current NCDOT design plan. As to the correspondence
about retention pond fencing, the County does not have a fencing requirement for retention ponds. Staff can share
the concerns with the applicant, and the Board can discuss it with the applicant during the public hearing. Ms. Roth
stated that the County, historically, has not required nor conditioned fencing for stormwater areas. Following a
discussion, the Board opted against pursuing the additional condition.
Regular Agenda Item #11: Special Use Permit Request (S23-03) - Request by Chris Baker, applicant, on
behalf of the Sanctuary Church of Wilmington, property owner, for the use of Child Care Center at the
approximately 7.47-acre parcel located at 6687 Carolina Beach Road, zoned R-15, Residential. County Manager
Coudriet responded to questions stating that in some instances the Board may prefer a special use permit (SUP) to
be required for childcare facilities. Removing that as a policy requirement would require Board direction. Planning
Manager Ken Vafier responded to questions stating that the continuance request from the last meeting was to allow
additional time for the applicant to meet certain fire code requirements within the facility which were discovered
during an inspection. The applicant has been working with Fire Rescue to make the corrections prior to building
occupancy and before the Board considered the request. Deputy Fire Marshal Sunnie Batson will be present at
Monday’s meeting to answer questions. Mr. Vafier confirmed that the request is for the initial approval level and a
certificate of occupancy will not be issued until all the issues have been addressed.
ADJOURNMENT
There being no further business, Chair Rivenbark adjourned the meeting at 4:55 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.