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HomeMy WebLinkAbout2025-03-24 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 466 ASSEMBLY The New Hanover County Board of Commissioners met on March 24, 2025, at 9:00 a.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; Dane Scalise; Commissioner Stephanie A.C. Walker; 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 Imam Abdul Rahman Shareef, Tauheed Islamic Center of Wilmington, provided the invocation, and Commissioner Zapple 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. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the March 6, 2025 Budget Work Session and Agenda Review and the March 10, 2025 Regular Meeting. Adoption of Resolution Recognizing the Efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program – Governing Body The Board adopted a resolution recognizing the efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington program. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.1. Adoption of Budget Amendment – Budget The Board adopted budget amendment 25-042, amending the annual budget ordinance for the fiscal year ending June 30, 2025. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.2. Approval of Change to the Cape Fear Public Utility Authority Articles of Incorporation – County Attorney The Board approved the Cape Fear Public Utility Authority’s (CFPUA) request to change its Articles of Incorporation, removing the limitation on the number of consecutive three-year terms that appointees may serve on the CFPUA Board. A copy of the amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.3. Approval of Individuals Authorized for Financial Transactions with First Citizens Bank & Trust Company – Finance The Board adopted a resolution approving the staff update to designate who may conduct business with First Citizens Bank & Trust Company in its capacity as Trustee of the New Hanover Regional Medical Center retirement plans, which were transferred to New Hanover County as part of the sale of New Hanover Regional Medical Center to Novant Health. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.4. Adoption of the 2025 Resolution of Support for Updating the 2016 Beach and Inlet Management Plan (BIMP) – Engineering The Board adopted a resolution supporting the efforts of the North Carolina Beach, Inlet, and Waterway Association, encouraging the North Carolina General Assembly to fund the update to the 2016 North Carolina Beach and Inlet Management Plan. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.5. REGULAR ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 467 County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Jennifer Dahms, Health and Human Services (HHS) – Social Services Laura Jenkins, Facilities Management Jacob Shackleford, Finance Lucinda Smith, Human Resources Ten Years: Virgina Donovan, HHS – Public Health Dru Harrison, Soil and Water Conservation District James Williams, Fire Services Fifteen Years: JD Limberger, Building Safety - Permitting Twenty Years: Jerry Brewer, Sheriff’s Office Michael Earley, Sheriff’s Office Bonita Moore, HHS Administration Chair Rivenbark presented each person with a service award, and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet then requested the following new employees to stand and be introduced: Zackiryea Alcorn, Sheriff’s Office Annie Roscioli, Senior Resource Center Chris Barnes, Risk Management Matthew Sellers, Fire Services Maria Bautista, Register of Deeds Office Courtney Smith, Register of Deeds Office Virginia Gallagher, Tax Ben Stallings, Tax Kehoe Kelli, Sheriff’s Office Amy Wilcox, HHS – Public Health The Board welcomed the employees to County Government and wished them success in their new positions. CONSIDERATION AND ADOPTION OF PROCLAMATION TO RECOGNIZE NEW HANOVER MEDAL OF HONOR HONOREES FOR NATIONAL MEDAL OF HONOR DAY ON MARCH 25, 2025 Commissioner Scalise read the proclamation into the record recognizing March 25, 2025 as National Medal of Honor Day in New Hanover County. Cape Fear Museum Director Kate Baillon expressed appreciation to the Board for adopting the proclamation. She also stated the Cape Fear Museum Advisory Board supports the proclamation honoring the extraordinary valor, bravery, and sacrifice of local Medal of Honor recipients Edwin A. Anderson, Charles Patrick Murray Jr., William D. Halyburton Jr., and Eugene Ashley Jr., whose actions reflect the highest ideals of service and commitment to the nation. Hearing no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to adopt the proclamation recognizing March 25, 2025 as National Medal of Honor Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.6. CONSIDERATION AND ADOPTION OF RESOLUTION IN SUPPORT OF AWARDING THE MEDAL OF HONOR TO RETIRED MAJOR JAMES CAPERS, JR. Commissioner Zapple read the resolution into the record affirming support for the ongoing campaign to award the Medal of Honor to Retired Major James Capers Jr., who resides in North Carolina. Retired Major Capers is not only a national hero but also a distinguished member of North Carolina’s military community, embodying the values of service, sacrifice, and resilience that define both the Marine Corps and this state. Secretary of Fleet Reserve Association (FRA) Branch 299 Frank Roberts thanked the Board for its consideration of the resolution and shared a detailed account of Retired Major Capers’ military service. Hearing no further discussion, Chair Rivenbark requested direction from the Board. MOTION: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to adopt the resolution in support of awarding the Medal of Honor to Retired Major James Capers, Jr. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.7. CONSIDERATION AND ADOPTION OF NATIONAL SENIOR NUTRITION PROGRAM AWARENESS MONTH PROCLAMATION Commissioner Walker read the proclamation into the record recognizing March 2025 as National Senior Nutrition Program Awareness Month in New Hanover County. Senior Resource Center Director Amber Smith and Nutrition Program Manager Paige Lundberg expressed appreciation to the Board for adopting the proclamation. Hearing no further discussion, Chair Rivenbark requested direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 468 MOTION: Commissioner Walker MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing March 2025 as National Senior Nutrition Program Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 6.8. PRESENTATION OF THE 3990 INDEPENDENCE BOULEVARD TRACT: HISTORICAL BACKGROUND, PRESERVATION, AND CONSERVATION CONSIDERATIONS Dr. Roger D. Shew, Professor in the Department of Earth and Ocean Sciences at the University of North Carolina Wilmington, presented the following information related to the 3990 Independence Boulevard tract:  A brief look at 3990 Independence Boulevard - A Different Vision:  Development scenario:  Rezone to MD-17: High-density, multiple-dwelling residential district:  580-Unit Complex: 512 Apartments, 45 Townhomes, 25 Single Family Units  1,022 Parking Spaces  Developer: Northwood Ravin - Charlotte  Traffic: 3,917 trips per day  Disturbed acreage: 46 of the 60 acres; 60% no surface coverage NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 469  Forestry and agrivoltaics technology: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 470  Headwaters at Barnard Creek:  Little sediment, tannins from swamp/organics  Classification: C; Swamp Water (SW)  SW allows lower DO (4.0 vs. 5.0 mg/l) and lower pH (~4.5 vs >6.0)  Real World work for training/jobs:  Upland nature trails and hikes would celebrate the natural communities as well as restoration, agriculture, and wildlife and provide passive recreational opportunities/wellness  Bottomland and adjacent wetland nature trails and hikes would celebrate the natural communities as well as show water quality, varied wildlife, stormwater, and wetland delineation NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 471 Dr. Shew concluded his presentation with the following facts and/or issues for consideration:  New Hanover County and Wilmington, in community surveys and strategic plans, have repeatedly identified and asked for more green space, smarter development, and better traffic management.  New Hanover County and Wilmington have responded with some positive statements and resolutions supporting conservation (West Bank, Independence Blvd., park expansion).  However, follow through is essential. We need a dedicated individual/group to pursue grant monies for land acquisition and improvement. People came here for many reasons and one of the top, if you ask, is for our beautiful natural areas. And even for those coming here for business, recognition of our outdoor areas for recreation and education are top of mind. But with the loss of land, increased traffic, and clear-cut areas, concern for this beautiful area has become increasingly dire.  If land can be obtained, the community and businesses, he is confident, will step up to help fund/operate/manage some of these areas.  We need to provide for the future of our County and our residents/students of today. One way to show that both are valued is to work as hard as we can to preserve some areas of the county, not for development or business, but for the community and schools. And in so doing, you will help development and businesses. A brief discussion ensued about the presentation. The Board thanked Dr. Shew for the presentation and his ongoing environmental advocacy. Commissioner Zapple commented on Dr. Shew’s dedication and public engagement in addition to his university commitments. Vice-Chair Pierce commented on the community’s strong interest in parks and open spaces, sharing her personal enthusiasm and noting the public use of Hanover Pines as an example. Commissioner Scalise thanked Dr. Shew and his supporters, acknowledging their presence and commitment to this matter. Commissioner Walker expressed appreciation for Dr. Shew’s focus on nature and sustainability, drawing personal connections to gardening, composting, and early education. She expressed her support for a community-based conservation effort and the preservation of green spaces. Hearing no further discussion, Chair Rivenbark thanked Dr. Shew for the presentation. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Adult Home Care Community Advisory Committee Chair Rivenbark reported that a vacancy exists on the New Hanover County Adult Home Care Community Advisory Committee, with two applications available for consideration. Commissioner Scalise requested that the vacancy be readvertised. Hearing no further discussion, Chair Rivenbark asked for Board direction. Vote Results: The Board voted UNANIMOUSLY to direct the clerk to the board to readvertise for appointments to the committee. Appointment to the New Hanover County Board of Adjustment Chair Rivenbark reported a vacancy exists on the New Hanover County Board of Adjustment with five applications available for consideration. Commissioner Scalise nominated Laura King for appointment. Vice-Chair Pierce seconded the nomination. Commissioner Zapple nominated Kristin Freeman for appointment. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted in the majority to appoint Laura King to the New Hanover County Board of Adjustment to fill an unexpired term to expire December 1, 2025. Chair Rivenbark, Vice-Chair Pierce, Commissioner Scalise, and Commissioner Walker voted in favor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 472 Appointment to the New Hanover County Health and Human Services Board Chair Rivenbark reported that a vacancy exists on the New Hanover County Health and Human Services Board in the Psychiatrist Category. One application has been received and is available for consideration. Commissioner Zapple nominated Alyssa Thompson for an appointment in the Psychiatrist category. Commissioner Scalise seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Alyssa Thompson to the New Hanover County Health and Human Services Board in the Psychiatrist category to fill an unexpired term expiring July 31, 2027. Appointment to the New Hanover County Non-County Agency Funding Committee Chair Rivenbark reported that a vacancy exists on the New Hanover County Non-County Agency Funding Committee in the Public Safety/Judicial Category. One application has been received and is available for consideration. Commissioner Zapple nominated Tyler Braswell for an appointment in the Public Safety/Judicial category. Vice-Chair Pierce seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Tyler Braswell to the New Hanover County Non-County Agency Funding Committee in the Public Safety/Judicial category to fill an unexpired term expiring June 30, 2026. Appointment to the New Hanover County Special Board of Equalization and Review Chair Rivenbark reported that eight vacancies exist on the New Hanover County Special Board of Equalization and Review with eight applications available for consideration. Vice-Chair Pierce stated that Nicolas Craig notified her that he would like to withdraw his application for consideration. Vice-Chair Pierce nominated Jason Colclough, Clayton Hamerski, Hector Ingram, Ida R. Smith, and Brad White for reappointment as regular members, Christopher Stewart for reappointment as an alternate member, and Robert Winkler for appointment as an alternate member. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Jason Colclough, Clayton Hamerski, Hector Ingram, Ida R. Smith, and Brad White as regular members, and reappoint Christopher Stewart, and appoint Robert Winkler as alternate members on the 2025 Special Board of Equalization and Review to serve one-year terms with terms, with terms expiring March 31, 2026. Chair Rivenbark asked for nominations to appoint a chair of the Special Board of Equalization and Review for the ensuing year. Commissioner Zapple nominated Bard White as chair of the Special Board of Equalization and Review for the ensuing year. Commissioner Scalise seconded the nomination. Hearing no further nominations, Chair Rivenbark called for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Brad White as chair of the Special Board of Equalization and Review for the ensuing year. PUBLIC COMMENTS Chair Rivenbark stated that 13 people signed up to speak under public comment and asked that the speakers provide comments. Steve Hunt, a resident of Northwood Drive in Wilmington, NC, expressed concerns about health issues at Fire Station 13 in Castle Hayne. He reported that several firefighters have faced serious medical conditions, leading to early retirements and one confirmed death. He cited ongoing environmental concerns and alleged that water and air quality test results have been withheld or manipulated, including actions taken to alter test environments. He reported that he followed internal reporting procedures before escalating the issue to external agencies. He recounted what he deems were dismissive responses from the County Health Department and claimed interference from County leadership and the Sheriff’s Office after filing a report of suspected criminal negligence. He also detailed subsequent meetings with county officials where his concerns were challenged, and his actions were criticized. He expressed concern over what he described as a lack of accountability, transparency, and ethical oversight, and concluded by calling for a state-level investigation into the matter. Heather Miller, a resident of E. Bedford, Wilmington, NC, declined to comment and asked that her three minutes be provided to Mr. Hunt. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 473 Peter Batson, a resident of Honeydew Lane, Wilmington, NC, declined to comment. Adrianne Garber, a resident of Red Heart Drive, Wilmington, NC, asked the Board to pause development and assess existing resources before moving forward with allowing Sledge Forest to be developed. She questioned whether rapid growth improves the quality of life and called for a more thoughtful approach that prioritizes connected green spaces, more parks with trees, and stronger wetland protections, including larger setbacks and less backfilling. She believes Sledge Forest is a rare, self-sustaining natural resource that already exists and needs no maintenance. She requested a five-year moratorium on all permits for parcels R00900-001-001-000 (4,020.96 acres) and R00900-001-002-000 (63.02 acres) and asked that the combined 4,083.98 acres be rezoned as a nature preserve. Cindy Gallardo, a resident of Spring View Drive, Wilmington, NC, spoke in support of protecting Sledge Forest, Smith Creek, and other at-risk green spaces. She emphasized that while some may view this issue as a matter of development, it represents a harmful stripping of natural resources that have long provided healing and nourishment. Quoting spiritual leaders and Native American wisdom, she called for a collective effort to stop harming the earth, noting that nature can heal itself if left undisturbed. William Flowers, a resident of Foy Lockamy Road, Jacksonville, NC, stated that he has served with New Hanover County Fire for nearly 15 years and spoke about ongoing environmental hazards at the fire stations. He believes the issues are systemic and avoidable, often caused by incomplete testing, ignored reports, or delayed remediation. He requested the creation of a Fire Station Environmental Safety Oversight Committee, established by formal resolution and reporting directly to the Board. He proposed that the committee include quarterly reporting without administrative filtering, full access to environmental test data and remediation plans, at least one independent citizen member, public posting of findings, whistleblower protections, independent investigations of retaliation claims, and dedicated support and funding. He stressed that the goal is not to assign blame but to build trust, ensure firefighter safety, and restore transparency. Chris Geary, a resident of Bragg Drive, Wilmington, NC, stated he is the President of the New Hanover County Professional Firefighters Association and spoke about ongoing health and safety concerns at Fire Station 13, noting that a number of firefighters are seriously ill, and that major universities and federal agencies are investigating. He reported that the current water filtration system is ineffective compared to reverse osmosis and will be used again in the new firehouse. He questioned this decision, citing available County and hospital funds as evidence that better options, like municipal water for Castle Hayne, are feasible. He emphasized the issue affects both firefighters and the surrounding community. He requested immediate action to prevent further harm. Karen Stein, a resident of Avant Drive, Wilmington, NC, spoke about proposed changes to Smith Creek Park, located less than three-quarters of a mile from her home. She and her husband use the park regularly for walking and outdoor recreation. She expressed concern over plans to pave the main trail and remove trees along the path, noting that this could reduce shade and affect trail usability during hot weather. She also questioned the public engagement process, stating she did not receive a survey and was unaware of any neighbors who had. She asked that the park be allowed to remain in its natural state. Phil Stein, a resident of Avant Drive, Wilmington, NC, spoke about Smith Creek Park, acknowledging that reversing the project may not be feasible, asking that future decisions reflect an understanding of the value of green space. He noted the balance the County must strike between accommodating growth and preserving natural areas. He described the existing trails as a natural, diverse environment with pine forests, native plant life, and wildlife. He expressed concern about paving the trails, referencing recent restricted access due to construction and the removal of trees for asphalt paths. He urged the County to consider future impacts on natural spaces more carefully. Lyndan Jones, a resident of Princess Street, Wilmington, NC, spoke about the preservation of Sledge Forest, a 4,000-acre area of old-growth trees, including cypress estimated to be 350 years old. She emphasized the ecological importance of natural green spaces, especially in a coastal county prone to flooding, noting that trees and soil help absorb excess water. She also spoke on the long-term value of natural landscapes versus short-lived development projects and referenced the County’s small geographic size compared to other counties in the state. She urged the Board to prioritize land conservation over continued development. Keary McClernan, a resident of Brittany Lakes Drive, Wilmington, NC, spoke in opposition to the Smith Creek Park trail paving project. She expressed concern about the impact on natural spaces and questioned the need to pave nature trails and add infrastructure near existing facilities. She stated that soft surface trails are more accessible for some individuals with disabilities, including herself, and that paved trails can create additional barriers. She also raised concerns about the environmental impact of replacing permeable natural surfaces with pavement, particularly in a region already facing flooding issues. She requested that the County pause the project, open it for public comment, and reconsider its approach to development in green spaces. Stephen Axthelm, a resident of Sweet Fern Row, Wilmington, NC, spoke about the Smith Creek Park project stating that most park users he spoke with were unaware of the proposed development, and very few supported it. He noted that, despite statements from the Parks and Gardens Department claiming the public had been properly informed, he believes additional public engagement is needed. He cited North Carolina General Statute 160D-406 and requested that the County pause the project until proper public comment can be collected and considered. Dottie Crouch Benz, a resident of Hawthorne Road, Wilmington, NC, requested that the County honor the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 24, 2025 REGULAR MEETING PAGE 474 final wishes of Flossie Bryan, a longtime resident and friend of her family. She noted that surrounding areas, including large housing developments and nearby communities like Riverlights, could benefit from the preservation of the property as a park. She emphasized that Ms. Bryan, who had no children, may have intended for the land to serve future generations by remaining undeveloped. She asked the Board to preserve the land in accordance with what she believed were Ms. Bryan’s wishes. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 10:46 a.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.