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2024-03-14 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 14, 2024 AGENDA REVIEW MEETING PAGE 150 ASSEMBLY The New Hanover County Board of Commissioners met on March 14, 2024 at 4:18 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; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. Chair Rivenbark called the Agenda Review meeting to order stating the purpose is for the Board to review and discuss the March 18, 2024 Regular Meeting agenda items. However, the Board will first hear staff updates. STAFF UPDATES New Hanover County Tax Revaluation Process. Tax Administrator Allison Snell provided the following information:  2025 Revaluation:  Why conduct a revaluation:  North Carolina law requires all counties to revalue real property at least every eight years  New Hanover conducts its revaluations every four years  A revaluation reinstitutes equity and fairness amongst all property types to ensure the tax burden is equitably distributed  What a revaluation includes:  Real property: all residential and commercial property, land, and structures  Fair market value: the most probable price a property would bring at sale in an open and competitive market  Effective date: January 1, 2025 with the last revaluation being conducted four years ago with an effective date of January 1, 2021  Revaluation excludes (due to being approved appraised annually):  Personal property: Business computers, office furniture, machinery, manufacturing equipment  Vehicles: Registered motor vehicles, other vehicles, trailers, campers, boats, airplanes.  Public utility companies: Electric/nuclear power generation, gas companies, bus lines, railroads  Revaluation steps:  July 2023 through March 2024: neighborhood review, market study of sales, and establish base rates  April 2024 through December 2024: perform analysis to establish the influence of various property characteristics for all buildings and finalize rate and factor tables  August 2024: present the Schedule of Values (SOV) to the Board of Commissioners  February 2025: value notices to be mailed  SOV adoption schedule:  August 19, 2024: Present the SOV to the Board of Commissioners  August 20-21, 2024: Advertise notice of the public hearing on the SOV  September 16, 2024: Hold a public hearing on the SOV  October 7, 2024: Consideration of SOV adoption  October 10, 17, 24, and 31, 2024: Advertise the adoption of the SOV  November 8, 2024: Last day to appeal the SOV to the State Property Tax Commission Ms. Snell responded to questions stating that the County will not touch every property during this revaluation cycle. Her department does have access to the Multiple Listing Service (MLS) system to verify sales as part of the desktop review process. The County does pay for access to the system, which is extremely useful. Homelessness Strategy Update. Chief Strategy Officer Jennifer Rigby and Housing and Neighborhood Services Director with the City of Wilmington, Rachel LaCoe, provided the following information:  Building a strategy for chronically homeless and unsheltered individuals:  Inventory for elected officials:  Staff will solicit the following provider information from the community:  Who do you serve?  What is your primary service delivery? (permanent supportive housing, night shelter, case management)  What services do you provide and what are your measures of success?  How many do you serve?  What is your capacity?  What is your biggest challenge? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 14, 2024 AGENDA REVIEW MEETING PAGE 151  What is your biggest opportunity?  Who are you receiving funding from and how much?  Do you have any audit findings from a funding agency?  Working group: providers, community partners, County and City staff  Voice of the customer: consumers of homeless services will be identified by providers and asked to participate in a focus group, information will be shared with the working group and the elected officials; however, participants’ anonymity will be protected  Strategy process:  Outcomes:  Inventory of existing services, current provider challenges, and potential opportunities  First-hand knowledge from individuals experiencing homelessness  Opportunities for Board consideration that close gaps  Define the problem (working group):  Set goals and objectives:  Working group:  Community partners: Trillium, Hospital, Continuum of Care, United Way, Schools, Law Enforcement, Courts, Business Community (WDI), and the Endowment  Providers: Coastal Horizons, Good Shephard, New Beginning, Healing Place, Warming Shelter, Vigilant Hope, Eden Village, Family Promise, Salvation Army, Domestic Violence, Living Hope Day Center, LINC, Harrelson Center, and Wilmington Housing Authority  Key staff: County Getting Home Program, County Library Social Worker, County Diversity and Equity, County Planning, and City representatives A brief discussion ensued regarding the path forward. The Commissioners agreed that this was a good plan and look forward to hearing from the providers, community partners, and key staff. Consent Agenda Item #1: Approval to Authorize the New Hanover County Alcohol Beverage Control (ABC) Board to Increase the Compensation of ABC General Manager. Chair Rivenbark stated that under state statute an ABC general manager cannot make more than the clerk of superior court. However, counties are allowed approve the salary to higher than the clerk of superior court. The Board is being asked to authorize a compensation increase for ABC general manager to an amount not to exceed 10 percent above the salary of the clerk of superior court. Consent Agenda Item #5: Approve Offer for the County to Sell Property Located at 6102 Gordon Road and Associated Upset Bid Process. Fire Rescue Chief Donnie Hall reported that the County sought to acquire an adjacent parcel but was repeatedly outbid during the estate sale's upset bid process, leading to prices above fair market value. At the same time, the County was evaluating another parcel, with associated costs presented by Chief Hall. County Manager Coudriet noted that approval would initiate the upset bid process, possibly leading to a sale exceeding the initial offer. Discussions ensued about the requisite land for a fire station, with Chief Hall expressing reluctance to specify an acreage requirement, emphasizing that needs vary with each site's location and layout. Regular Agenda Item #12: Consideration of Memorandum of Understanding between New Hanover County and Northside Food Cooperative via Growing Resilience, with potential fiscal sponsorship by New Hanover County for the Cooperative's grant from New Hanover Community Endowment, Inc. County Manager Coudriet confirmed, in response to questions, that the property's annual lease rate at $1. Chief Facilities Officer Sara Warmuth explained that the County is committed to supporting the project for up to five years, with financial aid capped at NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 14, 2024 AGENDA REVIEW MEETING PAGE 152 $1.55 million, aiming for the store's opening in 2026. Discussions ensued about the grocery store's projected financial performance with the expectation for it to either break even or be profitable from the start, with grocery pricing based on market rates. Commissioner Barfield pointed out the area's designation as a food desert, underlining the demographic shifts over time, and how he thinks this store will be highly frequented by multiple communities. Regular Agenda Item #13: Rezoning Request (Z24-02) – Request by Cindee Wolf with Design Solutions, applicant, on behalf of John Pennington with Sixthree Development, property owner, to rezone approximately 2.81 acres zoned R-20, Residential located at 1540 Rockhill Road to (CZD) R-10, Residential for a maximum nine (9) dwelling units. Associate Planner Amy Doss, responding to questions, confirmed that the proposed homes would be around 900 square feet, with no specific limitations. She also reported on a citizen’s concern about the development altering the neighborhood's character. Planning and Land Use Director Rebekah Roth reported on the Planning Board being split about the request due to concerns about design and the enforceability of workforce housing should the homes be sold. She added that build-for-rent housing can be enforced for workforce housing but not for-sale lots. County Attorney Smith stated the Board could limit the development to rental units only due to its conditional rezoning status. As to enforcement via the Unified Development Ordinance (UDO), it is typically a $100 daily civil penalty for violations. Commissioner Scalise expressed opposition to mandating rental-only housing, while Vice-Chair Pierce stated her preference to hear the presentation first, noting that it is unfair to restrict this property when it has not been done for others. Regular Agenda Item #15: Rezoning Request (Z24-01) – Request by Cindee Wolf with Design Solutions, applicant, on behalf of Habitat for Humanity, LaTeisha Darden, Erik Diaz, and Kari Reddick, property owners, to rezone approximately 7.95 acres zoned (CZD) R-10, Residential and R-20, Residential located at 1728 Rockhill Road to (CZD) R-10, Residential for a maximum 24 dwelling units. County Manager Coudriet reported this request was heard and approved by the Board in December 2023, but the applicant is resubmitting it with a request to remove the fence condition due to a potential misunderstanding of said condition. He further reported that the Planning Board did re-hear the request and that Planning staff recommends approval with the condition remaining, consistent with Board’s December decision. As to how this matter was allowed to be heard again before the one year rule, Development Review Supervisor Robert Farrell explained that the provision in the UDO is that an applicant would have to wait one year before presenting a similar project to the Board if an application is denied. He further explained once a conditional rezoning is approved, the applicant must sign a form within seven days of approval to agreeing to the conditions included as part of the approval. In this case, the applicant chose not to sign the agreement. Ms. Roth added that applicants do sign an agreement for pre-disclosed conditions before the public hearing. She believes the applicant misunderstood the condition they were being asked to agree to during the December 2023 meeting. The Board voiced concerns about this item coming back for consideration and the precedent it will set. A brief discussion ensued about steps that can be taken to mitigate potential further issues like this in the future. CLOSED SESSION Chair Rivenbark stated that a Closed Session is needed pursuant to North Carolina General Statute (NCGS) 143-318.11(a)(3) to consult with the county attorney in order to preserve the attorney-client privilege between the county attorney and the public body, which privilege is hereby acknowledged. Motion: Vice-Chair Pierce MOVED, SECONDED by Commissioner Barfield to enter into a Closed Session pursuant to NCGS 143-318.11(a)(3) to consult with the county attorney in order to preserve the attorney-client privilege between the county attorney and the public body, which privilege is hereby acknowledged. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Rivenbark convened to Closed Session at 5:20 p.m. and stated that all persons not Board members or specifically designated staff were to leave the meeting room. CONVENE TO REGULAR SESSION Chair Rivenbark called the meeting back to order at 5:49 p.m. and reported that pursuant to NCGS 143- 318.11(a)(3), the Board concluded its consultation with its legal counsel. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:50 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.