HomeMy WebLinkAbout2024-01-04 Agenda Review
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
JANUARY 4, 2024 AGENDA REVIEW MEETING PAGE 74
ASSEMBLY
The New Hanover County Board of Commissioners met on January 4, 2024 at 4:02 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 January 8, 2024 Regular Meeting.
Consent Agenda Item #4: Adoption of Resolution Authorizing PFAS Litigation. County Attorney Smith
responded to questions saying that the resolution would authorize legal counsel to file a lawsuit on behalf of New
Hanover County against defendants who contributed to PFAS manufacturing, distribution, and contamination. As
the lawsuit is on a contingency basis, the law firm will only be paid out of any recovery they obtain.
Consent Agenda Item #5: Approval of Request from Town of Kure Beach to enter into an Interlocal
Agreement for Expanded Inspection Services. This agenda item was removed from the agenda as the Town of Kure
Beach has rescinded its request.
Consent Agenda Item #6: Approval of Colby & Mincey PLLC, Request for Refund of Deed Excise Tax.
Register of Deeds Morghan Collins responded to questions confirming that this is an unusual request, but it has
happened in the past. The customer keyed in the wrong amount, caught the mistake, and requested a refund.
Because of state statute, a Register of Deeds is not able to issue a refund in these instances and the request must go
through a board of commissioners for approval.
Regular Agenda Item #9: Request from Blue Ridge Atlantic Development to make Better Homes for North
Carolina the Payee for their Workforce Housing Services Program Award FY 23-24. Planning and Land Use Director
Rebekah Roth responded to questions explaining that staff received information from Better Homes for North
Carolina, a partner with Blue Ridge Atlantic Development (BRAD) for the project, about being the payee to receive
the funds. The applicant, at the time of application submission, did not realize the impact that the choice of which
partner would be the payee for the funding could lead to tax implications that could hinder project completion.
Commissioner Barfield said that he would not support the request as the developers should have been aware of the
issue based on their experience with similar projects. He also does not view the request as an administrative change.
Housing Program Manager Theo McClammy supplied an overview of the documents received from Better Homes
for North Carolina, including its Articles of Incorporation, IRS determination letter, Board of Directors list, bylaws,
and financial statements. The need for the nonprofit partner to be the payee was identified during the contract
process. Commissioner Scalise stated that it is imperative that applicants have all their paperwork in order when
making application. Ms. Roth confirmed in response to questions that it is a requirement for funding to be spent
specifically on the project, with the contract including provisions for monitoring compliance with stipulations.
Chris Eisenzimmer with BRAD, in response to questions, said that the company focuses on developing
affordable housing nationwide and has a portfolio of 8,000 tax-credited units with age or income restrictions. He
highlighted challenges BRAD encountered, including rising construction costs, increased interest rates, and rent
prices that lock in once the project is sent to the North Carolina Housing Finance Agency. He explained that the
grants create taxable gains, posing challenges for tax credit investors and compliance with North Carolina health and
finance regulations. If the grant money goes to the nonprofit, which most of BRAD’s projects have a nonprofit piece,
because they are supplying services and the mission orientation of these types of projects, there is no tax. There are
annual audits completed with very stringent monitoring requirements, and he is willing to provide all tax returns,
audits, and compliance monitoring reports associated with the project. As to being annexed by the City of
Wilmington (City), BRAD did contact the County about gap financing and were informed by staff that no resources
were available at that time. The company tried to keep the project in the unincorporated County, but the City could
not put any funding into the project without it being within the City limits.
During further discussion of the matter, Commissioner Scalise stated that he believes the County should
stay with its earlier determination and fund the project. It is critical that staff ensure all application information is
considered and sent prior to staff presenting the application for a Board decision. Mr. Eisenzimmer responded to
questions detailing the project's affordability, with one-bedroom apartments priced at $350-400 for 30% annual
median income (AMI) and up to $1,200 for 80% AMI. The project, which is 100% pre-leased, is expected to have
savings of $200,000 with the nonprofit being the payee. He presented a brief overview of the project highlighting
amenities such as a fitness center, community laundry rooms, rentable offices, and conference rooms. He invited
the Commissioners to tour the building upon project completion.
Regular Agenda Item #10: Rezoning Request (Z23-21) – Request by Ronald Carlock with CIP Construction
Company, applicant, to rezone approximately 33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and
I-1, Light Industrial located at 8138 Market Street to (CZD) RMF-M, Residential Multi-Family Moderate High
Density for a maximum 348 single family attached dwelling units. Senior Planner Zach Dickerson, in response to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
JANUARY 4, 2024 AGENDA REVIEW MEETING PAGE 75
questions, said the traffic impact analysis (TIA) analyzed Brays Drive as both full access and an emergency-only
access. The TIA has approval for both uses. Staff does not agree with the Planning Board’s condition for emergency-
only access as the 2016 Comprehensive Land Use Plan (Comprehensive Plan) recommends interconnectivity.
Commissioner Barfield reported on past efforts of the Porters Pointe Homeowners Association (HOA) to transfer
road responsibility to the North Carolina Department of Transportation (NCDOT), but drainage issues prevented it.
At that time, the cost to make the drainage upgrades was a couple million dollars. When NCDOT did not take over
the roads, the HOA put a reserve in place for road maintenance. Mr. Dickerson said that the applicant was asked to
develop a shared road maintenance agreement. Ms. Roth noted that the County has the choice to fund infrastructure
improvements initially and then assess the costs to property owners. Discussion ensued about school capacity and
the potential number of children the development might generate. Staff are collaborating with the school system to
improve the impact projections of development on the schools. The school system conducts demographic studies,
and Ms. Roth explained how the student generation estimates are produced. Further discussion ensued about school
impacts, mobile unit safety, and the consideration of stormwater facilities as amenities. Ms. Roth said that
stormwater facilities can be considered as open spaces when they double as an amenity. Ms. Roth then confirmed
that the Technical Review Committee (TRC) reviews the applications and gives comments at this stage, but the full
TRC process takes place after the project is approved.
As to incorporating workforce housing into the project, Ms. Roth clarified that staff did not consider this
option as it is not a requirement in the Comprehensive Plan. County Manager Coudriet noted that it would be an
unprecedented step for the Board to impose a workforce housing condition, except in the case of Project Grace,
where an affordable housing component was self-imposed. He suggested the applicant should be given advanced
notice if such a condition is to be considered. A workforce housing condition would need to be a policy of the Board.
Commissioner Scalise agreed stating that the Board should not be making policy decisions based on one project. A
brief discussion ensued about instances where two place types are applied to a single parcel. Ms. Roth said that the
intention is not for place types to have hard boundaries. The maximum height of the townhomes is three stories,
which includes the garage level and there is no foot maximum for RFM. Regarding the December meeting’s
discussion about the developer engaging with the community, Ms. Roth reported that a meeting did take place
between the developer and the community, but the meeting outcomes are currently unknown.
Regular Agenda Item #11: Rezoning Request (Z23-22) - Request by Cindee Wolf with Design Solutions,
applicant, to rezone approximately 2.0 acres of a 7.8 acre parcel zoned R-20, Residential, located at 4224 Castle
Hayne Road to (CZD) B-2, Regional Business for a Contractor Office. Development Review Planner Wendell Biddle
clarified that the intention of the property is for a landscaping company. No plans exist for further development, and
the property features a well and commercial septic system. The septic pump line intersects a potential easement for
rear access. Zoning allows outside storage, but there is a condition restricting land use to avoid a stone garden
appearance. The parcel will have split zoning but will remain a single tax parcel. If there is a future decision to split
the parcel, an easement will be needed plus adherence to any Environmental Health requirements due to the septic
system on the back part of the parcel.
Regular Agenda Item #13: Text Amendment Request (TA23-03) - Request by New Hanover County
Planning and Land Use to amend Articles 2 and 5 of the Unified Development Ordinance to incorporate standards
for electric vehicle charging stations. Ms. Roth said that this topic has been an ongoing discussion for about a year
and a half and that a future challenge will be the cost of retrofitting sites for electric vehicles (EVs). The Planning
Board considered it last fall, tabled it, and then considered it again last winter. Commissioner Scalise expressed his
opposition, believing that it should be left up to the private sector. County Manager Coudriet supplied background
on federal and state requirements, highlighting the federal mandate to identify alternative fuel corridors. The federal
government will equip the corridors with charging stations. Ms. Roth supplied more clarification that the text
amendment only addresses conduit installation, not the charging equipment itself. Further discussion ensued about
the request and the Board expressed a desire to see the monetary impact on the developers.
Regular Agenda Item #14: Consideration of Appointments of County Commissioners to Various Boards
and Committees for 2024. A brief discussion ensued about the agenda item. Commissioner Barfield requested the
matter be moved to the Consent Agenda. Commissioner Scalise expressed interest in having discussions in the future
about Commissioners periodically rotating between boards and committees to gain experience. Commissioner
Barfield supplied a brief overview of how rotations were managed in past years. Vice-Chair Pierce acknowledged the
Commissioners’ comments and said that it is important to rotate to gain experience. At the end of the discussion,
the Board’s general consensus was to direct staff to move the item to the Consent Agenda.
ADJOURNMENT
There being no further business, Chair Rivenbark adjourned the meeting at 5:34 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.