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HomeMy WebLinkAbout2024-09-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 313 ASSEMBLY The New Hanover County Board of Commissioners met September 3, 2024, 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; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mike Ashcraft, Port City Community Church, provided the invocation and Chair Rivenbark 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. Commissioner Zapple requested Consent Agenda Item #2: Adoption of Resolution Approving Request for Additional Funding through the Federal Surface Transportation Block Grant Program managed through the WMPO for Construction of Bicycle and Pedestrian Trails along Middle Sound Loop Road from Red Cedar to Publix and along Market Street from Mendenhall Drive to Porters Neck Walmart and Consent Agenda Item #3: Adoption of Resolution Approval to Apply for Funding through the Infrastructure and Investments Job Act (IILA) Federal Surface Transportation Block Grant- Direct Attributable Fund for the Construction of a Bicycle and Pedestrian Trail along South College Road from 17th Street to Piner Road be pulled for further discussion and made a motion to approve the remaining Consent Agenda items. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the August 15, 2024 Agenda Meeting and the August 19, 2024 Regular Meeting. Approval of Solid Waste Franchise Agreement for Bin Butler LLP – County Attorney In the first reading, the Board authorized the issuance of a solid waste franchise agreement for Bin Butler LLP. A second reading is required. Discussion of Consent Agenda Items #2 and # 3 Parks and Gardens Director Tara Duckworth presented the following information on Consent Agenda Item #2: Adoption of Resolution Approving Request for Additional Funding through the Federal Surface Transportation Block Grant Program managed through the WMPO for Construction of Bicycle and Pedestrian Trails along Middle Sound Loop Road from Red Cedar to Publix and along Market Street from Mendenhall Drive to Porters Neck Walmart and Consent Agenda Item #3: Adoption of Resolution Approval to Apply for Funding through the Infrastructure and Investments Job Act (IILA) Federal Surface Transportation Block Grant- Direct Attributable Fund for the Construction of a Bicycle and Pedestrian Trail along South College Road from 17th Street to Piner Road as follows:  Bicycle and Pedestrian Trails:  North - Winter 2024-25:  Middle Sound Loop from Red Cedar Road to Publix (County)  Market Street to Porter’s Neck Walmart (County/North Carolina Department of Transportation \[NCDOT\])  Gordon Road (NCDOT)  North College from Gordon Road to Northchase Library (County/NCDOT)  South:  South College from 17th Street to Piner Road - grant for construction (Winter 2025)  Carolina Beach Road from Piner Road to River Road - design (potential FY 25-26) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 314  Carolina Beach Road at Antoinette Drive - Walmart safety improvements A brief discussion ensued about the projects. Ms. Duckworth commented that the trails are separated multi-use trails. For the longer portion of River Road, the design cost is about $1.6 million, and the construction is about $9 million, which also qualifies for the 20% match. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the resolutions associated with Consent Agenda Items #2 and #3 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 16.1 and Page 16.2, respectively. Additional information: The Board adopted the resolution to authorize the Parks and Gardens Department to request an additional $705,512 in funds. New Hanover County will provide the required local cash match of $176,378 for an additional project cost of $881,890 and the resolution authorizing the Parks and Gardens Department to apply for IIJA funding in the amount of $3,079,850 and approved New Hanover County providing the required local cash match of $769,962 for a total project cost of $3,849,812. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF BLACK MALE HEALTH AND WELLNESS MONTH PROCLAMATION Commissioner Barfield read the proclamation into the record recognizing September 2024 as “Black Male Health and Wellness 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 September 2024 as “Black Male Health and Wellness Month” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Angelo Williams, a committee member of 100 Black Men of Coastal North Carolina, expressed appreciation for the Board's consideration of the proclamation. Commissioner Barfield commented that Novant will have a mobile clinic at the event and encouraged the citizens to attend. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 16.3. CONSIDERATION AND ADOPTION OF THE RESOLUTION FOR BEACH PROJECT FUNDING FLOW – AGENT CAPACITY Chief Financial Officer Eric Credle presented the following information:  Beach nourishment funding flow:  Overview:  Project partnership agreements:  Executed between the Department of the Army (separate agreements): Wrightsville Beach, Carolina Beach, and Kure Beach  Governs beach renourishment projects, including cost split  Funded with a mix of federal and state funds and local room occupancy tax funds  County is not technically a party to the agreements  Has historically handled payments and related administrative matters  Beach nourishment funding flow – historical: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 315  Beach nourishment funding flow – without resolution:  Resolution:  Designates the County as an agent authorized to make and receive project-related payments with no transfer of responsibility or rights with/to the County  Any other matter requires approval of the beaches  County continues to maintain and administer the Room Occupancy Tax Sand Fund  Revocable by County with 30 days’ notice  Maintains status quo In a brief discussion about the process changes, Mr. Credle explained that the US Army Corps of Engineers (Corps) is adjusting the agreement to reallocate some cost percentages related to offshore sand dredging. The net effect on the County and the beach towns remains zero. The County receives an administrative fee that covers a portion of the salary for the senior financial analyst responsible for managing these matters. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to adopt the resolution appointing New Hanover County as the agent for the limited purpose of disbursing payments to the United States Army Corps of Engineers and receiving repayments from excess funds for beach nourishment projects for the town of Wrightsville Beach, Carolina Beach, and Kure Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 16.4. CONSIDERATION AND ADOPTION OF THE RESOLUTION FOR SPONSORSHIP NAMING RIGHTS OF CAPE FEAR MUSEUM DIGITAL DOME THEATER Cape Fear Museum Director Kate Baillon detailed the museum’s relocation and expansion to Grace Street, which includes a Digital Dome Theater. As part of the "Invest in Grace" fundraising campaign, Cape Fear Museum Associates is seeking naming sponsorships. nCino committed to a 10-year naming sponsorship for the theater, funding ongoing programming development in the new museum space at Project Grace. Cape Fear Museum Associates Board Chair Sara Izad thanked the Board for considering the request and introduced Kyle Metzger-Gee, nCino's Senior Inclusion, Community, and Philanthropy Specialist and expressed nCino’s excitement as the lead gift partner for the "Invest in Grace" campaign and highlighted the Digital Dome Theater's focus on STEM education. For the past three years, nCino has sponsored the museum’s annual STEM fundraiser, and this new partnership strengthens their community connection. She added that nCino employees are eager to volunteer in the new theater space. During the brief discussion about the request, Ms. Baillon confirmed that the theater will be a planetarium and a theater, and there are plans to use the space in other ways. The Board expressed appreciation for nCino’s support and investment in the project and community in this manner. Hearing no further discussion, Chair Rivenbark asked for Board direction. ParcelAssessment Amount $2,910.55 4451 WILLIAM LOUIS DR  $2,910.55 4453 WILLIAM LOUIS DR  $2,910.55 4454 WILLIAM LOUIS DR  $2,910.55 4455 WILLIAM LOUIS DR  $2,910.55 4456 WILLIAM LOUIS DR  NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 $2,910.55 4457 WILLIAM LOUIS DR  $2,910.55 4458 WILLIAM LOUIS DR  SEPTEMBER 3, 2024 REGULAR MEETING PAGE 316 $2,910.55 4459 WILLIAM LOUIS DR  $2,910.55 4460 WILLIAM LOUIS DR  $2,910.55 4461 WILLIAM LOUIS DR  MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the resolution approving the $2,910.55 4462 WILLIAM LOUIS DR  $2,910.55 4463 WILLIAM LOUIS DR  sponsorship, and the Digital Dome Theater will officially be named the “nCino Digital Dome Theater” upon the $2,910.55 4464 WILLIAM LOUIS DR  $2,910.55 4465 WILLIAM LOUIS DR  museum opening and for the duration of the agreed-upon sponsorship period. Upon vote, the MOTION CARRIED $2,910.55 4466 WILLIAM LOUIS DR  $2,910.55 UNANIMOUSLY. 4473 WILLIAM LOUIS DR  $2,910.55 4476 WILLIAM LOUIS DR $2,910.55 4475 WILLIAM LOUIS DR  $2,910.55 4477 WILLIAM LOUIS DR  A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, $2,910.55 4478 WILLIAM LOUIS DR  $2,910.55 4479 WILLIAM LOUIS DR  Page 16.5. $2,910.55 4480 WILLIAM LOUIS DR  $2,910.55 4481 WILLIAM LOUIS DR  $2,910.55 4482 WILLIAM LOUIS DR  PUBLIC HEARING AND APPROVAL FOR THE WILLIAM LOUIS DRIVE PRELIMINARY ASSESSMENT ROLL $2,910.55 4483 WILLIAM LOUIS DR  $2,910.55 4484 WILLIAM LOUIS DR  Chair Rivenbark opened the public hearing to receive comments on the William Louis Drive Special Assessment. On August 5, 2024, the Board adopted a resolution for the William Louis Drive Improvement Project, setting the project costs at $75,674.40. The Board also directed County staff to prepare a preliminary assessment roll, create a project map, mail notices of the hearing to each owner, and schedule a public hearing to review the preliminary assessment roll. North Carolina General Statute (NCGS) 153A-195 requires the Board to hold a public hearing to hear all interested persons regarding the preliminary assessment roll. He then asked Mr. Credle to give the staff presentation. Mr. Credle presented the following information:  Special assessment of William Louis Drive Road improvements public hearing:  North Carolina General Statute (NCGS) 153A:  Project description:  July 2021 property owner petition for William Louis Drive from Cheryl Lane to Brandy Court as it is an orphan road of about 1,275 linear feet  Bring road up to NCDOT standards  NCDOT assumes maintenance once improvements were completed  Petition of at least 75% of property owners and linear feet received  Benefitted properties:  September 2021 Board resolution:  The County agreed to make necessary improvements  100% of project costs to be assessed to benefited property owners  Assessment basis: parcels with addresses and road frontage on William Louis Drive  Assessment can be paid in five installments with a 4% interest rate  Project timeline:  Stormwater issues requiring repair identified:  Total cost to County/stormwater fund of $202,000  Extended the timeline for completion of the project  Project completed and accepted by NCDOT in November 2023  Project cost:  Original total estimated cost: $50,000:  Parcels to be assessed: 26  Estimated assessment per parcel: $1,923.08  Final actual cost: $75,674.40:  Parcels to be assessed: 26  Assessment per lot: $2,910.55  Project assessment:  August 5, 2024 Board meeting resolution: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 317  Set the determination of cost: $75,674.40  Directed staff to prepare assessment roll which was completed August 15, 2024; mail each owner a notice of public hearing which was completed on August 19, 2024; and prepare and publish all required notices which was published in the Wilmington Star News on August 16, 2024  Set the required public hearing for September 3, 2024 at 4:00 p.m.  Public Hearing Pursuant to NCGS 153A-195:  Hear all interested parties  Determine any adjustments that should be made as may be proper in compliance with the basis of assessment  Confirm assessment  Payment terms:  The confirmation notice will be published on September 23, 2024  Assessment will be mailed September 23, 2024  May be paid interest free until October 23, 2024  Offer payment terms consistent with previously adopted resolutions:  Five (5) annual payments  Interest rate of four percent (4%) Commissioner Zapple praised the program for addressing "orphan roads" in the County, helping residents repair potholes on roads not maintained by NCDOT. He noted that the County covered all NCDOT required stormwater work costs without passing those costs onto homeowners. Any increases in assessment costs were due to inflation and rising construction expenses. He encouraged residents to take advantage of the program, emphasizing its reasonable cost and valuable benefits. Chair Rivenbark stated that four people signed up to speak under the public comments portion of the public hearing and asked for the speakers to provide remarks. Cheryl Holbrook, a resident of William Louis Drive, Wilmington, NC, reported that it was never disclosed to her that the road was private. She expressed concerns about not being notified of the higher costs, noting that many residents along the road live on very low, fixed incomes. She requested the Board to lower the amount owed by each homeowner. Tom Garrison, a resident of William Louis Drive, Wilmington, NC, expressed appreciation for the road work, mentioning that he could have paid two years ago based on the original quote. He believes the costs spiraled out of control and agreed with Ms. Holbrook’s comments. He also felt that the stormwater project was excessive. Calvin Strawter, a resident of William Louis Drive, Wilmington, NC, said that he was not informed the road was private and has personally helped patch it over the years. He feels that drainage issues remain unresolved despite having reported them. He asked the Board to consider lowering the amount each homeowner owes. Michele Matthews, a resident of William Louis Drive, Wilmington, NC, voiced concerns about a 50% increase in the road assessment project cost. Initially quoted $1,800, she was disappointed by the lack of notice about the price hike until she received the assessment letter. The increase will significantly impact her budget. While she appreciated the road’s improvements, she pointed out issues with water runoff flooding driveways and lawns in a neighborhood where many residents rely on disability or Social Security. There being no further comments, Chair Rivenbark closed the public hearing and opened the floor to Board discussion. Discussion ensued about the matter. County Engineer Tim Lowe explained that NCDOT required stormwater improvements to address drainage deficiencies before adding the road to the state system. No concerns have been reported since the project’s completion, but he will pass along the speakers' feedback to NCDOT. County Manager Coudriet noted that all homeowners initially requested assistance, with 88% agreeing to the assessment, although the remaining homeowners still must pay. Rising costs and delays occurred due to NCDOT’s stormwater standards, and while the cost increase is unfortunate, it reflects general inflation. The County's role was limited to addressing this urgent need, and homeowners were provided estimates, not final costs. In this situation, the Board’s options are either to restart the process or offer a prompt payment discount. Further discussion ensued about the lessons learned from this project and a plan to move forward with future requests of a similar nature. Mr. Credle reconfirmed that the payment can be made over five years and that notice will go out September 23, 2024, with the first installment payment due next year. Hearing no further discussion, Chair Rivenbark asked for direction from the Board on the request. MOTION: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to confirm the assessment as appropriate and direct staff to publish the notice of confirmation. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND DENIAL OF A REZONING REQUEST BY BRANDY HATCHER WITH GRACE WALK INC, APPLICANT AND PROPERTY OWNER, TO REZONE APPROXIMATELY ONE ACRE LOCATED AT 6760 CAROLINA BEACH NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 318 ROAD FROM THE R-15, RESIDENTIAL DISTRICT TO A CONDITIONAL R-5, RESIDENTIAL MODERATE-HIGH DENSITY DISTRICT FOR FOUR NEW SINGLE FAMILY DETACHED DWELLING UNITS (Z24-15) Senior Planner Zach Dickerson reported that the applicant seeks to rezone approximately one acre from the R-15 Residential district to the R-5 Residential Moderate-High Density district. This rezoning will allow the existing house to remain and the development of four additional single-family homes on the property. The plan includes creating four new residential lots as part of a performance residential subdivision. Unlike traditional subdivisions, performance subdivisions do not require a minimum lot size but must maintain a 20-foot setback from adjacent properties. A new paved access road from Carolina Beach Road will be built to serve the new homes, while the existing house will continue using its current septic system. Two additional shared septic systems are planned for the new homes, which will also receive water from a well located at the southwestern corner of the property. The R-15 district, established in 1971, was designed to accommodate housing that relies on private wells and septic systems, ensuring low-density development in these areas. Although some public and private water and sewer services have become available nearby, the Carolina Beach Road corridor remains primarily zoned for low-density residential use. The R-5 district, however, promotes moderate to high-density residential development on smaller lots, encouraging a compact, walkable community layout. This district supports various housing types and can integrate with non-residential areas for mixed-use development, providing a smooth transition between commercial and residential zones. Staff estimates that the site will generate approximately 1 AM and 2 PM peak hour trips if developed under the current zoning. The proposed (CZD) R-5 development is expected to generate 4 AM and 5 PM peak hour trips, increasing peak hour traffic by about 3 AM and 3 PM trips. The project is located along a major arterial highway near the busy signalized intersection of Carolina Beach Road and Myrtle Grove Road, which is nearing capacity. Although the project's peak hour traffic remains below the threshold requiring a traffic impact analysis (TIA), a TIA for the nearby convenience store and multi-family development mandates the construction of a southbound right turn lane on Carolina Beach Road along the frontage of the subject parcel. Vehicles leaving the site and heading north must cross three lanes to enter the left turn lane at Myrtle Grove Road and make a U-turn at the stoplight or travel 1,200 feet south to make a U-turn at Hill Valley Walk. The existing driveway will serve the additional dwelling units. Based on a generalized historic generation rate, staff estimates that the increase in homes would result in one additional student compared to the current zoning. The property is located at the intersection of Carolina Beach Road and Myrtle Grove Road, an area experiencing a mix of commercial and higher-density residential growth. Recent rezonings and developments in this area have shifted toward commercial uses along Carolina Beach Road, with higher-density residential areas expanding to the west. This project supports the County's Strategic Plan by contributing to the goal of increasing the housing supply to one residential unit for every two residents. The development must retain 20% open space on the site. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as Community Mixed Use, emphasizing small-scale, compact, mixed-use development that accommodates all modes of travel and attracts both county residents and visitors. Suitable uses for this designation include office, retail, recreational, commercial, institutional, multi-family, and single-family residential developments. The proposed (CZD) R-5 rezoning aligns with the Comprehensive Plan, as it better fits the density and housing type recommendations for the Community Mixed Use place type. The Planning Board discussed this item at its August 1, 2024, meeting, focusing on traffic along Carolina Beach Road and site access, particularly regarding the required TIA improvements for the nearby convenience store. The Planning Board voted (7-0) to recommend approval of the rezoning request, finding it consistent with the purposes and intent of the Comprehensive Plan, as the project aligns with the density and housing type recommendations for the Community Mixed Use place type. The Planning Board also found the rezoning request reasonable and in the public interest because it increases the County's housing stock and recommended the following conditions: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. John Blackburn (also known as Joe Black), property owner and representing Brandy Hatcher with Grace Walk Inc., also the applicant and property owner, stated if the application is approved, it will provide affordable housing to the area. The development will feature two-bedroom, one-bath homes with lot sizes of 70-feet by 85- feet, each with parking pads on an asphalt road. The company will manage power, internet, and trash pickup for tenant convenience. The project also includes a turn lane for emergency vehicles and solar lighting along the road. While it is an affordable housing project, there is not funding ask of the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 319 Chair Rivenbark announced that no one signed up to speak in favor or opposition to the request, closed the public hearing, and opened the floor for Board discussion. During a brief discussion about the project, Mr. Blackburn explained that the nonprofit initially involved lost its status due to a lack of donations, leaving the project without nonprofit affiliation. The units will remain with the company and be rented out. Regarding the septic system, the company stated it could service two units, though approval from the New Hanover County Environmental Health was not confirmed. He mentioned that the septic company routinely works with the department, and adjustments to the setback would allow the system to function properly. Despite the site’s poor soils, the septic company confirmed the system would work with the sandy soil and well drainage locations. Since the project’s stormwater impact is minimal, Stormwater Services will not be required to provide it. Hearing no further discussion, Chair Rivenbark asked Mr. Blackburn if, based on the Board discussion and items presented during the public hearing, whether he would like to withdraw the petition or proceed with the vote. Mr. Blackburn responded that he wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. Motion: Vice-Chair Pierce MOVED to approve the rezoning, finding it to be consistent with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the project would increase the county’s housing stock. The following conditions are also applicable: 1. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. There being no second, Chair Rivenbark stated the motion failed for the lack of a second. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to deny the proposed rezoning. While the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type, it finds denial of the rezoning request is reasonable and in the public interest because the proposal does not provide an adequate transition from the highway corridor to residential uses. Upon vote, the MOTION PASSED 4 TO 1. Vice-Chair Pierce dissented. In follow-up discussion, County Manager Coudriet confirmed for Vice-Chair Pierce that a project, even one utilizing a well and septic system, does have to go through the technical review process, which includes review by Public Health. The project cannot move forward if denied during the permitting process. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF TIDEWATER INVESTMENT COMPANY, INC, PROPERTY OWNERS, TO REZONE APPROXIMATELY 7.79 ACRES LOCATED AT 5000 NORTH COLLEGE ROAD FROM THE (CZD) CB, CONDITIONAL COMMUNITY BUSINESS DISTRICT TO (CZD) B-2, REGIONAL BUSINESS FOR GENERAL RETAIL SALES, BUSINESS SERVICE CENTER, AND OTHER LIMITED USES (Z24-16) Development Review Planner Amy Doss reported that in June 2022, the Board of Commissioners approved a conditional rezoning to Community Business (CB) for this site. The initial concept plan included 23 pickleball courts, a sand lot for beach volleyball, and an 8,000-square-foot clubhouse and restaurant. However, the applicant now seeks to rezone from the existing (CZD) CB district to a (CZD) B-2, Regional Business district to develop a commerce park. This change shifts the site’s intended use from a recreational facility to a commercial hub. The new concept plan proposes constructing 36,900 square feet of retail and flex space, including five commercial buildings, a stormwater pond, associated parking, a 20-foot buffer yard along the northern and southern property boundaries, and a 25-foot buffer yard along the eastern boundary. The plan also features a strip retail building near the front of the property, closest to North College Road, with 3,600 square feet allocated for general sales, instructional services, and personal services. Behind this retail building, four structures totaling approximately 33,300 square feet will provide flex space for offices and contractor activities. The purpose of the Community Business (CB) district is to support businesses that provide goods and services to surrounding neighborhoods. In contrast, the B-2, Regional Business district accommodates larger NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 320 businesses, such as big-box stores and auto dealers, as well as auto-oriented uses serving motorists. Under the current CB zoning, the site is estimated to generate 10 AM and 28 PM peak hour trips. The proposed (CZD) B-2 development is projected to generate 61 AM and 80 PM peak hour trips, increasing traffic by approximately 51 AM and 52 PM trips. Despite this increase, the traffic remains below the 100 peak hour threshold that would trigger a TIA. The site is located south of the College Road and Castle Hayne Road intersection, an area suitable for transitional service uses and low traffic generators. The proposed B-2 district also acts as a transition between the high-intensity industrial site across College Road and the surrounding undeveloped land, single-family lots to the north, and proposed moderate-density residential developments nearby. The plan positions retail components along the North College Road corridor, with office spaces located toward the rear of the property. The Comprehensive Plan classifies the property as Community Mixed Use and General Residential, both of which permit commercial uses that support nearby neighborhoods. The Community Mixed Use designation encourages a blend of residential, commercial, civic, and recreational uses. Typical zoning for this place type includes moderate-density residential, commercial, office, institutional, and mixed-use. The proposed (CZD) B-2 rezoning aligns with the Comprehensive Plan, as it supports the recommended uses for the Community Mixed Use and General Residential place types. The Planning Board reviewed this application at its August 1, 2024, meeting. Members discussed the potential traffic impact and supported the request, noting that the proposed uses align with development trends in the surrounding area. The Planning Board voted (7-0) to recommend approval, finding the request consistent with the purposes and intent of the Comprehensive Plan because the proposed uses match the place type recommendations. The Planning Board also found the recommendation for approval reasonable and in the public interest, as the project will provide several commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. The Planning Board recommended the following conditions: 1. Within the 3,600 square foot building at the front of the property closest to North College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services and studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 square feet uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30-feet. Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, representing the property owner Tidewater Investment Company, Inc., presented her proposal to develop the vacant land along North College Road. She emphasized that the development better fits the area, given the nearby industrial zones and the busy corridor. The project will disturb less land than previous plans and reduce the impervious surface area. A small portion of the site includes wetlands, which will be managed under a nationwide permit, with a maintained stormwater buffer. The first phase involves constructing a 10,000-square-foot building for the owner's swimming pool construction business, with more commercial development expected as infrastructure, like sewer and water systems, improves. Ms. Wolf highlighted that the project aligns with the Comprehensive Plan, promoting sustainable growth while minimizing environmental impacts. Chair Rivenbark announced that no one signed up to speak in favor or opposition, closed the public hearing, and opened the floor for Board discussion. A brief discussion ensued about the proposed project. Ms. Wolf explained that the development will initially use a septic system, with plans to connect to CFPUA in the future. The current conditions, as outlined in the agenda packet, do not allow for restaurants or breweries. However, once connected to CFPUA services, her client may request a modification to the conditional district approval to include uses like a craft brewery if desired. Hearing no further discussion, Chair Rivenbark asked Ms. Wolf 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. Wolf responded that she wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the proposed rezoning and the Board finds it to be consistent with the Comprehensive Plan because the proposed uses are in line with the place type recommendations. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposed district would provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. The following conditions will apply to this approval as follows: 1. Within the 3,600 square foot building at the front of the property closest to North College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services and studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 square feet uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30-feet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 321 Furthermore, approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 7, 1972, is hereby incorporated as part of the minutes, and is contained in Zoning Book II, Section 8A, Page 48. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, TO AMEND ARTICLE 4 OF THE UNIFIED DEVELOPMENT ORDINANCE TO ALLOW THE USE OF RESTAURANT BY-RIGHT IN THE O&I, OFFICE & INSTITUTIONAL DISTRICT WITH A LIMITATION ON THE MAXIMUM SQUARE FOOTAGE OF THE USE (TA24-04) Mr. Dickerson reported that the applicant has requested an amendment to the Table of Permitted Uses, allowing restaurants as a by-right use in the Office and Institutional (O&I) zoning district, with a size limit of 3,000 square feet. Staff and the Planning Board recommend prohibiting drive-thrus, and the applicant has agreed to this additional use-specific standard. The Unified Development Ordinance (UDO) defines restaurants as establishments where food and beverages are prepared and sold for consumption on or off the premises. This broad definition includes fast food, fine dining, and coffee shops without distinguishing between them in terms of use standards. Currently, restaurants are allowed in all commercial zoning districts except the O&I district. If approved, restaurants in the O&I district would be reviewed and approved administratively by the Technical Review Committee (TRC). The O&I district, established in 1969, is mainly located along highway corridors such as Castle Hayne Road, Market Street in Ogden and Porters Neck, and Piner Road in the Monkey Junction area. It typically serves as a transitional zone between residential areas and higher-intensity commercial districts like B-1 and B-2, supporting economic clusters in locations with more intense land uses and higher-density development patterns. Common uses include medical offices, financial and law firms, banks, and general office spaces. Historically, restaurants have not been allowed in the O&I district, a rule dating back to the original 1969 New Hanover County Zoning Ordinance. Although adding restaurants to the O&I district was considered during the 2018 UDO Project update, with a prohibition on drive-thrus, it was not pursued. The O&I district typically includes fewer intensive uses that generate lower traffic. The staff report's table provides approximate traffic generation figures for common uses in the district, as provided by the Wilmington Metropolitan Planning Organization (WMPO). While restaurant traffic can vary widely, from high traffic at fast-food establishments to lower traffic at fine dining locations, the applicant has proposed capping restaurant size at 3,000 square feet in the O&I district to minimize traffic impacts. This cap aims to reduce potential traffic, especially at high-turnover restaurants. Some less intense restaurants may generate traffic like office uses. Any use generating more than 100 trips during peak hours would require a TIA. To further limit traffic, staff recommends prohibiting restaurants with drive-thrus. Nearby jurisdictions like the City of Wilmington and Pender County permit restaurants by-right in their Office and Institutional districts without additional use standards. While Brunswick County does not have an O&I district, it permits restaurants with lot size standards in all commercial zoning districts. The Comprehensive Plan identifies the O&I zoning district as typical for the Commerce Zone, Employment Center, Community Mixed Use, and Urban Mixed Use place types. These districts, often located along major road corridors, align with the plan's designation for Community Mixed Use or Urban Mixed Use. Restaurant uses align with the recommendations for these place types and could complement the offices and institutional uses typically found in the district. Additionally, the rise of remote work during the pandemic has increased interest in diversifying office building uses, as seen with the City of Wilmington's Skyline Center. It is also common for multiple tenants to share space in O&I districts, so a restaurant could be one of several uses within an office structure. The Planning Board considered this amendment at its August 1, 2024, meeting. Members generally supported the proposed amendment and discussed adding a prohibition on drive-thrus in the O&I district. They also addressed traffic generation and noted that allowing restaurants in the district could improve pedestrian connectivity within commercial areas, potentially reducing overall traffic by eliminating the need to drive elsewhere for dining. The Planning Board unanimously voted (7-0) to recommend approval of the proposed text amendment, including the prohibition on drive-thrus. The application was found to be consistent with the purpose and intent of the Comprehensive Plan, as it provides updated zoning tools. Members also deemed the recommendation reasonable and in the public interest, since restaurants are common in office districts, align with the O&I district's intent to create economic clusters, and would allow for more adaptive reuse of existing buildings. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, applicant, expressed her belief that restricting restaurants in these districts contradicts the goals of mixed-use development. During the Planning Board meeting, there was a discussion about the potential for adaptive reuse of obsolete office buildings. She emphasized that while permitting uses is one thing, permitting with prescribed conditions is different. She confirmed support for the proposal to limit restaurants to a maximum size of 3,000 square feet and prohibit drive-thrus, noting that it aligns well with the transitional nature of O&I districts between busier commercial and residential areas. The amendment would apply to any currently zoned or future O&I districts but would not affect restaurants already permitted by-right in other commercial zones. Chair Rivenbark announced that no one signed up to speak in favor or opposition, closed the public hearing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 322 and opened the floor for Board discussion. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked Ms. Wolf 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. Wolf responded that she wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to approve the proposed amendment to the New Hanover County Unified Development Ordinance to allow the use of Restaurant as by-right in the O&I, Office & Institutional zoning district with the additional use standard capping the use at 3,000 square feet and prohibiting drive-thrus. The Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Land Use Plan because it provides up-to-date zoning tools. The Board also finds approval of the proposed amendment reasonable and in the public interest because it is a use common in office districts, serves the intent of the O&I district to create economic clusters, and would allow more adaptive reuse for existing buildings. 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 XLV, Page 16.6. SECOND PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT INFRASTRUCTURE CDBG-I APPLICATION ON THE PROPOSED SCOTTS HILL WATER MAIN EXTENSION AND ADOPTION OF THE RESOLUTION APPROVING THE SUBMISSION OF THE CDBG-1 APPLICATION TO NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Chair Rivenbark stated there is a need to hold a public hearing of the New Hanover County FY 2024-2025 North Carolina Department of Environmental Quality (DEQ) Community Development Block - Infrastructure Grant (CDBG-I). The purpose of the public hearing is to obtain citizen's views and to allow response from the public to the proposed application and answer any questions posed by citizens. A public hearing was held on July 22, 2024, to inform citizens and to receive comments on the proposed CDBG-1 project. Staff will present a detailed overview of the New Hanover County CDBG-1 funding application and proposed project. He asked for a motion to open the public hearing. MOTION: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to open the public hearing for the New Hanover County FY25 North Carolina Department of Environmental Quality (DEQ) Community Development Block - Infrastructure Grant (CDBG-I). Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Rivenbark stated that staff will present the required information and receive public comments. Housing Program Manager Theo McClammy presented the following information:  CDBG-I Application FY25 Scotts Hill Water Main Extension – Public Hearing 2:  Hearing purpose:  Present the proposed application  Receive citizen comments  Provide information about the CDBG-I Program that is required by the funding agency, DEQ  Request Board of Commissioners consideration of the application  Project background:  The Scotts Hill community has reported poor well water quality and has requested assistance to resolve ongoing water quality concerns  Staff working with Cape Fear Public Utility Authority and Insight Planning & Development to pursue a grant from the Community Development Block Grant-Infrastructure (CDBG-I) Program that would provide partial funding to bring public water to the Scotts Hill area by extending the main water lines  Grant application: $3 million  Citizen engagement:  Informal citizen engagement meetings were held in the Scotts Hill Community on January 30, 2024, April 9, 2024, and July 16, 2024, to inform citizens of the potential project and to receive their feedback. Each meeting was well-attended, with about 50 residents, with staff from the manager’s office, Planning, Housing, Health Department, and CFPUA. Residents voted to request a water station and connection to CFPUA.  Partnering with the residents and CFPUA, a water station was installed at the Scotts Hill Community Center, which opened on July 16, 2024  Application:  To install water connection infrastructure for 57 parcels and to make connections to 50 residential dwellings, currently seven parcels/houses are vacant  Project budget $4.7 million approximately - $3 million grant request  Applicant is asked to consider committing other funds if the application is approved  Application due September 30, 2024  Decision in February 2025  Project area: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 323  Project area floodplain map:  Project description:  The proposed project will install approximately 3,200 liner feet of two-inch water lines, 3,800 linear feet of eight inch water lines, and seven fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service will include a tap, service line, and meter box. Private side water service will include on-site plumbing from meter to home  The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20-foot-wide public easements, 2,800 feet of 10-foot-wide public easements, and 2,500 feet of five-foot-wide private easements  CDBG-I required announcements: purpose and funding available, types of projects, activities, previous experience, and compliance  CDBG-I purpose and funding available:  To improve the quality of life for low to moderate income people by providing a safe, clean environment, and clean drinking water  Projects must be built in well-defined communities where 51% of the residents are low- and moderate-income  $19 million is available to non-entitlement communities  Non-entitlement municipalities may apply for up to $3 million every three years  Types of CDBG-I water projects  Resolve water loss in distribution systems  Extend public water to areas with contaminated wells  Extend water lines to areas with dry wells  Assist with low water pressure in public water systems  Regionalize two or more water systems  Rehabilitate or replace a water treatment plant  Activities Covered by CDBG-I Funds:  The range of activities covered by the CDBG-I funds for this project include: construction, environmental review, engineering design, construction administration and observation, legal activities, surveying, and grant administration  CDBG past experience:  The County’s previous CDBG experience includes the 2010 CDBG Scattered Site Housing (SSH) Program Reconstruction Project #13-0400  CDBG-I compliance:  Grant recipients are required to adhere to federal procurement requirements and other federal regulations  Displacement and relocation assistance, if needed:  Grant recipients must comply with the requirements of the general displacement and relocation policy for CDBG grant funding, which includes assisting low to moderate income individuals with costs associated with relocation or displacement. CDBG-I application timeline:  CDBG-1 application timeline: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 324  Summary and key considerations:  Elected body decision to apply  Project budget  Commitment of other funds  CDBG-I project resolution Discussion ensued about the project. Mr. McClammy confirmed the project’s estimated cost at $4.7 million, with the County responsible for $1.7 million if the grant is awarded. County Manager Coudriet noted that the funding would be included in the FY26 budget unless the grant is awarded sooner, in which case staff would present it to the Board earlier. CFPUA Engineer Gary McSmith clarified that water connections will be placed five feet from the foundations of existing wells, but no direct connections will be made to the houses. He also emphasized that County and CFPUA staff have clearly communicated to residents that they will be responsible for the monthly CFPUA billing. Chair Rivenbark stated that three people signed up to speak under the public comments portion of the public hearing and asked for the speakers to provide remarks. Mamie Nixon, resident of Foys Trail, Wilmington, NC stated that she and residents from Scotts Hill are present in support of the grant and any other funds the County can provide. The community has 56 residents and is experiencing significant health issues, including cancer, which may or may not be related to the water. She stressed the need for access to clean water, noting that some homes are only 300-feet from water but unable to access it. The grant and any available county funds would help secure this resource. Maryann Nunalee, resident of Blue Heron Drive, Wilmington, NC stated her support for the grant and the work being done by both entities to assist the community. She urged the Board to approve the proposal, highlighting the need for clean water for drinking, bathing, and cooking to ensure the health and well-being of the children in these communities. Bonnie Murray, a resident of Stephens Church Road, Wilmington, NC, expressed her appreciation for the Board's support in securing clean water. She urged continued assistance beyond the grant application, stressing the community's urgent need for help. She highlighted the harmful effects of excessive iron in their drinking water, citing research linking high iron levels to bacteria growth, such as E. coli, and health issues like skin damage, diabetes, and organ harm. Additionally, she reported negative impacts on children's learning abilities and expressed concerns about the water's metallic taste and smell and the damage it causes to plumbing systems. There being no further public comments, Chair Rivenbark asked for a motion to close the public hearing. MOTION: Commissioner Barfield MOVED, SECONDED by Vice-Chair Pierce to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Hearing no further discussion, Chair Rivenbark asked for a motion to approve staff submitting the Scotts Hill Water Main Extension Community Development Block Grant Infrastructure (CDBG-1) Application to the NC Department of Environmental Quality by September 30, 2024. MOTION: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve staff submitting the Scotts Hill Water Main Extension Community Development Block Grant Infrastructure (CDBG-1) Application to the NC Department of Environmental Quality by September 30, 2024 and adopt the associated resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 16.7. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that the nine people signed up to speak under public comment and asked that they provide their comments. Jon Martell, resident of Oakland Drive, Wilmington, NC, spoke about Novant Hospital’s two-star rating by the Centers for Medicaid and Medicare Services. He stressed that this low rating leads to serious consequences, including increased suffering, disability, and death. He shared alarming statistics, noting a 20% higher likelihood of death from surgical complications or chronic diseases at Novant Hospital compared to hospitals like UNC-Chapel Hill and Duke. He called for holding the hospital accountable for improving quality, pointing out an unmet promise from three years ago to reach the top 10% in care. He urged for a comprehensive quality improvement plan with measurable goals and regular progress reports to ensure the hospital fulfills its commitment to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 325 Jill Jones, resident of Wilmington, NC spoke about animal welfare and her work with Adopt-An-Angel, highlighting the organization’s efforts to save over 15,000 animals from shelters in New Hanover, Brunswick, and Pender counties. She also mentioned that Adopt-an-Angel founded the Fix a Friend spay/neuter clinic in 2013, which has fixed over 120,000 animals without government funding, making it one of the largest clinics in the state. She praised the County’s 81% live release rate and low euthanasia numbers but raised concerns about a new pet store selling puppies from Missouri puppy mills. She emphasized that these stores undermine local rescue efforts. She urged the Board to ban the sale of commercially bred cats and dogs in pet stores, arguing that no reputable breeder would sell puppies wholesale nationwide. As a progressive city, she insisted that Wilmington should not support such practices. Flak (Brian) Michael, resident of Market Street, Wilmington, NC expressed appreciation for the Board’s progress and urged further action to ban the retail sale of cats and dogs in the County. He highlighted his continued determination to advocate against a local store linked to puppy mills despite facing intimidation. He emphasized the negative impacts of such sales, including worsening the local euthanasia crisis and supporting out-of-state puppy mills. He noted that many other cities and states have successfully implemented similar bans and urged the Board to do the same for the well-being of the community and local animals. Diana Topjian, resident of Onyx Court, Wilmington, NC thanked the Board for its commitment to improving animal welfare in the County. She acknowledged the challenges of addressing multiple animal welfare issues. She emphasized that, while many concerns exist, the retail sale of puppies from puppy mills must be a top priority. Drawing from her years of rescue work, she shared her firsthand experience of the extreme suffering of mother dogs in puppy mills, a point often overlooked. She described how these mother dogs are kept in small, cramped crates, bred continuously on every cycle with little to no space to move, leaving them with severe physical damage. By the age of seven, these dogs, no longer able to produce puppies, are either abandoned or euthanized. She highlighted the cruelty behind the scenes, reminding the Board that the issue extends beyond the cute puppies in stores to the immense suffering of the breeding mothers. She stressed the urgency of banning puppy mills to protect not only the puppies but also the exploited mother dogs. Crystal Lee, resident of Ivy Lane, Wilmington, NC urged the Board to support statewide legislation banning pet shops, stressing that American Kennel Club (AKC) lobbyists have blocked over 450 animal welfare bills, allowing unregulated puppy mills to continue. She highlighted the connection between these mills, the local euthanasia crisis, and antibiotic-resistant diseases traced to pet store puppies across multiple states. She thanked the Board for establishing the committee and shared her experience fostering abused, neglected, and overbred dogs. She called for stronger protections to ensure the humane treatment of animals and to set a precedent for positive change, expressing gratitude for the Board’s commitment to this issue. Tatianna Flippin, resident of Farley Court, Wilmington, NC shared her perspective on the importance of banning the sale of dogs from unethical breeders. Having lived and worked in regions like Africa, Southeast Asia, and Australia, she highlighted her involvement with local animal rescues and trap-neuter-return programs. She owns five rescue pets and emphasized that while she supports purchasing pets from ethical breeders, the key issue is what constitutes ethical breeding. She pointed out that no reputable breeder would ever sell puppies to places like Puppy Place, which sources from backyard breeders and puppy mills. Drawing from her experiences in Asia, she compared these mills to the cruel operations she witnessed, where dogs are raised in inhumane conditions. She pleaded with the Board to lead the fight against these medieval practices, stressing that dogs are sentient beings, not disposable commodities. She urged the Board to act, emphasizing its power to make a difference in the community. Susan Johnson, Chestnut Street, Wilmington, NC spoke on animal welfare, expressing pride in moving to North Carolina 19 years ago when pet stores did not sell dogs or cats, and only rescues managed adoptions. She expressed disappointment with the arrival of Puppy Place, seeing it as a step backward for both animal welfare and the County’s progress. Ms. Johnson voiced concern for the animals' well-being and the County’s image. While acknowledging that change takes time, she hopes to contribute to discussions and efforts to improve animal welfare. She thanked the Board for its efforts and looks forward to being part of the solution. Taylor Gnazzo, resident of Nutt Street, Wilmington, NC thanked the Board for allowing the community to voice their concerns about animal welfare. She shared that a petition on Change.org to shut down Puppy Place and ban the retail sale of dogs and cats in the County has gathered nearly 1,500 signatures in just two weeks. She reported her efforts to educate the public through outreach, noting the petition's broad community support, which shows this is not a niche issue but one that affects many. She urged the Board to recognize the overwhelming support for animal welfare reform and take action to position the County as a leader in the state. Carolyn Ryder, resident of Creekview Drive, Hampstead, NC spoke on animal welfare and shared the story of rescuing her dog, who was about to be euthanized at a shelter. She described his transformation from a scarred, neglected dog into a loving, healthy companion and voiced concern for the many shelter animals that never get that chance. She noted that over one million shelter animals are euthanized each year in the U.S., with North Carolina contributing significantly to that number. She referenced the work of Nathan Winograd, who founded the first no- kill community in central New York and the No Kill Advocacy Center, which teaches communities how to reduce euthanasia rates to nearly zero. Only 17% of people adopt from shelters, while many opt for pets from retail stores like Puppy Place. She emphasized that about 90% of puppies sold in retail stores come from puppy mills, which contribute to the deaths of approximately two million animals per year. She urged the Board to ban the sale of dogs and cats in the County and encouraged collaboration with citizens willing to help. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 SEPTEMBER 3, 2024 REGULAR MEETING PAGE 326 ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Scalise thanked the individuals who spoke during public comment and expressed appreciation for their participation. He assured them that the Board was taking their concerns seriously and formed a committee two weeks ago to review existing ordinances and consider potential changes. He explained that the process involves legal complexities, as local ordinances must align with North Carolina State law, and the Board is awaiting further guidance from legal counsel. He encouraged ongoing community input, both during the meeting and directly to the committee, to help improve ordinances where possible. While no immediate decisions could be made, the Board is committed to thoroughly addressing the issue and ensuring legal compliance. He reassured the speakers that the dialogue would remain open, no one would be cut off, and their input is essential in addressing the matter. He reiterated that the Board is actively working on the issue and will continue to engage with the community to find solutions. He then asked Chief Strategy Officer Jennifer Rigby to report on what steps have been taken to date. Ms. Rigby reported that staff has been doing research on current ordinances over the last couple of weeks at the state and local levels, noting there are some challenges to work through. A tour was taken of the Animal Services Unit, as well as a review of a recent audit conducted by the County’s internal auditor. A community input plan is being developed to ensure staff is hearing from individuals. Staff will also work with the communications team to get the word out to the community about the next steps. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 6:53 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.