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HomeMy WebLinkAbout2024-08-01 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 1, 2024 AGENDA REVIEW MEETING PAGE 284 ASSEMBLY The New Hanover County Board of Commissioners met on August 1, 2024 at 4:00 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 agenda items for the August 5, 2024 Regular Meeting. Consent Agenda Item #4: Adoption of Resolution Appointing NHW Healthcare Trustees. County Manager Coudriet responded to questions, stating that the New Hanover Winddown (NHW) Healthcare, Inc. Trustees will oversee Solic, the agency the Board hired to manage the hospital sale closure. The resolution updates the names of individuals on the board. Regarding the letter from Alston and Bird Law Firm, County Manager Coudriet noted that the Board should have seen Mr. Bovio's response and stated that this item is unrelated to the letter. Regular Agenda Item #5: Consideration of National Immunization Awareness Month. Commissioner Barfield will read the proclamation. Regular Agenda Item #6: Consideration of Approval for Public Art at the Government Center. Commissioner Zapple expressed his enthusiasm and thanked Chief Facilities Officer Sara Warmuth and the entire committee for their efforts. The artist will present a timeline on Monday, with the installation of the artwork expected before the end of the year. Regular Agenda Item #7: Consideration of Memorandum of Understanding — New Hanover County Schools Emergency Repairs. Assistant County Manager Lisa Wurtzbacher explained that New Hanover County Schools (NHCS) will implement a formal Memorandum of Understanding (MOU) due to the decrease in their fund balance. State statute sets the not-to-exceed (NTE) amount at $10 million. If costs exceed the NTE amount, staff will seek Board approval. The NTE amount is expected to cover nearly all scenarios. While NHCS managed without additional requests during Hurricane Florence due to sufficient cash reserves, their current financial position has changed. The Board briefly discussed various possible scenarios. County Manager Coudriet confirmed that NHCS will maintain proper insurance and that any expenditure of funds will be communicated to the Board. Regular Agenda Item #8: Consideration of Special Assessment: William Louis Drive — Determination of Costs, Preliminary Assessment Roll, and Establishment of Public Hearing Date. Chief Financial Officer Eric Credle reported that 88% of homeowners participated, leaving three out of 26 homes that did not sign on. The assessment for the work will apply to all homes, and the County will place a lien on properties where owners do not pay. County Engineer Tim Lowe explained that the culvert under William Louis Drive failed, with a tree growing inside it. The North Carolina Department of Transportation (NCDOT) required the replacement of the culvert before accepting the road into the state system, which extended the project’s timeline. Mr. Credle also mentioned that the cost per parcel increased from $1,900 to $2,900 due to the additional work and anticipated some pushback at the September 3, 2024 public hearing. Regular Agenda Item #9: Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Land Use Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers. Planning and Land Use Director Rebekah Roth presented the following maps: Ms. Roth explained that Commissioner Zapple requested the development of these maps to aid discussions about the Western Bank area, which fronts the Cape Fear and Northeast Cape Fear rivers across from downtown Wilmington. This area, known for its visibility, historic district, and increasing tidal flooding, is uniquely positioned NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 1, 2024 AGENDA REVIEW MEETING PAGE 285 within the County. The current zoning primarily supports regional business and industrial use, while the comprehensive plan envisions higher-intensity mixed-use development. The proposed amendment introduces a new place type, 'low-intensity riverfront,' tailored specifically to this area, focusing on constrained development in terms of building scale, architecture, and resiliency. Although the amendment outlines the Board's vision without altering current zoning or permissions, it guides potential future regulatory changes. The community has expressed opposition to the staff's recommendations, with some advocating for conservation and others supporting private investment. Staff believes a reduced development scale is appropriate for this unique area and seek the Board's feedback on the proposed plan, including the name of the new place type and other aspects. County Manager Coudriet stated that the Board can adjust the plan to focus on conservation without changing the current zoning. He emphasized the importance of Monday’s hearing to gather community input, which will help clarify the Board’s direction, even though no vote is required. County Attorney Smith explained that altering the plan map to reflect conservation does not affect existing zoning (I-2 and B-2). If the Board considers rezoning for conservation, they must proceed with caution to avoid over-restricting property uses, which could lead to legal issues. At this stage, there are no legal concerns with amending the plan. Discussion followed regarding public water availability. Ms. Roth explained that because water is available on Highway 421, developers along this corridor under I-2 or B-2 zoning could extend public water from Cape Fear Public Utility Authority (CFPUA) to their properties as long as the development complies with County or City zoning. Commissioner Barfield raised concerns about unintended consequences, pointing out that CFPUA’s rate model does not allow for advancing water and sewer services at the expense of current ratepayers. He warned that maintaining underwater infrastructure could lead to higher water bills for everyone. Commissioner Zapple reviewed a map showing the National Oceanic and Atmospheric Administration’s (NOAA) projections of areas that might be underwater by 2050-2060. Ms. Roth clarified that the map’s colors indicate recommended place types, with staff proposing to reclassify the battleship parcel from urban mixed-use to conservation. Commissioner Scalise expressed disagreement with stripping property owners’ rights and stressed the importance of hearing from the community. He suggested tabling the discussion, believing that not all alternatives have been explored. Commissioner Barfield agreed, noting the state's upcoming significant grant funding for conservation and the need to consider public safety. An extensive discussion followed on by-right development scenarios for parcels designated I-2 or B-2, with a focus on parcels 10 and 11. Development Review Supervisor Robert Farrell provided an update on the Wilmington Hotel and Spa, noting that the applicants applied to the Technical Review Committee (TRC) a couple of years ago, but approval was never granted. Vesting for the site would only occur after TRC approval. The discussion then shifted to utilities, where Ms. Roth clarified that if CFPUA sells water to anyone outside of New Hanover County and the City of Wilmington's planning jurisdictions, it requires approval from both engineers. A lengthy discussion also covered water and sewer services to parcel 11, particularly the challenges of crossing through Brunswick, noting that water and sewer can only be sold to parcels within the County. Ms. Roth responded to questions by stating that the staff has received just under 2,600 public comments on this amendment, with the majority opposing it. Some opposition was due to the amendment being seen as too restrictive, while a few commenters supported the balance staff struck with the amendment. 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: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple 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 the Closed Session at 5:05 p.m. and ordered all persons, not Board members or specifically designated staff, to leave the meeting room. CONVENE TO REGULAR SESSION Chair Rivenbark called the meeting back to order at 5:39 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 5:40 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.