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HomeMy WebLinkAbout2025-04-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 479 ASSEMBLY The New Hanover County Board of Commissioners met on April 7, 2025, 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; 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 Reverend Ruth Pugh, St. James AME Church, provided the invocation, and Vice-Chair Pierce 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 14, 2025 Special Meeting, the March 20, 2025 Budget Work Session and Agenda Review, and the March 24, 2025 Regular Meeting. Approval of February 2025 Tax Collection Reports – Tax The Board approved the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of February 2025. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 7.1. Adoption of Resolution Authorizing the Negotiation of an Installment Financing Contract Not to Exceed $22.0 million, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures from Proceeds Thereof, and Providing for Certain Other Related Matters – Finance The Board adopted a resolution authorizing the negotiation of an installment financing contract not to exceed $22.0 million, directing the publication of notice with respect thereto, declaring the intent of the County to reimburse itself for capital expenditures from proceeds thereof, and providing for certain other related matters. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 7.2. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF COMMUNITY HEALTH AND WELL-BEING PROCLAMATION Commissioner Zapple read the proclamation into the record recognizing April 7-14, 2025 as “Public Health Week”, and April 11–17, 2025, as “Black Maternal Health Week” in New Hanover County. Public Health Director Jon Campbell expressed appreciation to the Board for considering the proclamation. Hearing no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker to adopt the proclamation recognizing April 7-14, 2025 as “Public Health Week”, and April 11–17, 2025, as “Black Maternal Health Week” 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 7.3. CONSIDERATION AND ADOPTION OF NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK PROCLAMATION Chair Rivenbark read the proclamation into the record recognizing April 13-19, 2025, as National Public Safety Telecommunicators Week in New Hanover County in honor of the telecommunicators whose diligence and professionalism keep the community and citizens safe. 911 Director Hope Downs expressed appreciation to the Board for considering the proclamation. Hearing no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker to adopt the proclamation recognizing April 13-19, 2025 as National Public Safety Telecommunicators Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 480 A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 7.4. CONSIDERATION AND APPROVAL OF THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT TO INCREASE THE GUARANTEED MAXIMUM PRICE FOR THE REDEVELOPMENT OF THE WILMINGTON CITY BLOCK BOUNDED BY CHESTNUT STREET, GRACE STREET, NORTH SECOND STREET, AND NORTH THIRD STREET; AND ADOPTION OF BUDGET AMENDMENT TO FULLY FUND PROJECT GRACE DIRECT COSTS Chief Facilities Officer Sara Warmuth and Chief Financial Officer Eric Credle presented the following information regarding the request:  Project Grace: Second amendment to development agreement and budget amendment:  Project Grace – Direct cost agenda items:  Establish full budget for Project Grace direct costs:  “Direct Costs” include museum exhibit design and fabrication and fixtures, furniture, and equipment (FF&E) at both the library and museum  Allocate a portion of the direct costs to the developer agreement as an amendment  Direct costs budget:  Development agreement budget:  This cost does not include direct purchases to be made by the County, such as FF&E, special inspections, and exhibit design and fabrication.  Direct costs budget funding sources:  Timeline and next steps:  April 2025: Exhibit design finalized, and fabrication begins  August 2025: Building is complete, library begins move in  October 2025: Library opens to public  December 2025: Exhibit installation begins  May 2026: Museum open to the public A brief discussion ensued about the request. In response to questions, Ms. Warmuth confirmed that this was a planned increase based on decisions to have a first-class facility and not due to contractor overruns. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the second amendment to the development agreement with Cape Fear Development Partners, LLC, and to adopt budget amendment 25-047. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 481 A copy of budget amendment 25-047 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 7.5. PUBLIC HEARING AND APPROVAL OF RESOLUTION APPROVING THE ISSUANCE OF NOT TO EXCEED $855,000,000 TAX-EXEMPT BONDS TO BE ISSUED BY THE NATIONAL FINANCE AUTHORITY FOR THE BENEFIT OF NOVANT HEALTH, INC. Chair Rivenbark stated that Novant Health Inc. has requested this public hearing as required by the Internal Revenue Code and the state law applicable to the National Finance Authority for the issuance of tax-exempt bonds. The County is not financially responsible in any way for this debt. The bonds may not exceed $855,000,000 and the proceeds will be used to finance capital projects in multiple locations across the states of North Carolina and South Carolina. The financed projects in New Hanover County will be:  A new health care facility known as Novant Health Scotts Hill Medical Center to be located at 151 Scotts Hill Medical Park Drive, Wilmington, North Carolina 2841, consisting of approximately 74 licensed inpatient beds, eight operating rooms, endoscopy procedure rooms, an emergency department, imaging and laboratory facilities and related support service areas.  Energy Projects at New Hanover Orthopedic Hospital and New Hanover Regional Hospital, constituting certain energy related improvements.  Routine Capital Expenditures at New Hanover Orthopedic Hospital and New Hanover Regional Hospital. Chair Rivenbark stated that each speaker will be allowed three (3) minutes to speak and requested direction from the Board to open the public hearing. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to open the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Rivenbark invited Charles Bowyer of Robinson, Bradshaw & Hinson P.A., representing Novant Health Inc., to offer any additional remarks. Mr. Bowyer explained that federal tax law requires each jurisdiction where a proposed project is located to hold a TEFRA hearing. Since there are affected hospitals in New Hanover County, Novant is asking the Board to conduct the hearing. The resolution before the Board authorizes the bonds solely for procedural compliance with tax law. This approval does not create any liability or debt for the County but enables funding to expand capacity, enhance facilities, and support Novant’s continued improvements in care delivery throughout New Hanover County. In response to questions, Mr. Bowyer confirmed that a hearing is taking place in every jurisdiction where bond proceeds will be used. He clarified that the National Finance Authority will issue the bonds and that the County bears no responsibility or liability for the debt. He reiterated in response to additional questions that the bond issuance imposes no tax, debt, or financial obligation on the County or its citizens. The hearing is required solely because federal law mandates it for issuing tax-exempt bonds that benefit a 501(c)(3) organization. A public notice outlining the project details was published in the local newspaper prior to the meeting. County Attorney Smith confirmed, in response to questions, that he agrees with Mr. Bowyer and all discussion is clearly stated in the resolution for Board consideration. Chair Rivenbark stated that one person signed up to speak and asked the person to provide their remarks. Neal Shulman, resident of Nash Drive, Wilmington, NC, provided his remarks based on a previously submitted written statement to the Board, questioning the purpose of the public hearing and the County’s past decision to sell the hospital to Novant, citing a decline in care quality and public trust. He referenced federal and state issues with Novant over patient safety, alleged a lack of transparency in public notices, and raised concerns about Novant’s integrity. There being no further discussion, Chair Rivenbark requested a motion to close the public hearing. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to close the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. There being no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to adopt the resolution approving the issuance of not to exceed $855,000,000 tax-exempt bonds to be issued by the National Finance Authority for the benefit of Novant Health, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution and associated documents are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 7.6. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY PLANNING AND LAND USE TO AMEND SECTION 4.4.4, SECTION 6.3.2, SECTION 2.3, AND SECTION 11.7 OF THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT ORDINANCE RELATED TO ACCESSORY DWELLING UNITS, PERFORMANCE GUARANTEES, AND NON-CONFORMING SIGNS TO MEET NORTH CAROLINA GENERAL STATUTE REQUIREMENTS NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 482 (TA25-02) Development Review Supervisor Robert Farrell provided an overview of proposed maintenance amendments to the Unified Development Ordinance (UDO), noting that such updates have been ongoing since the UDO's completion in 2020. The current set of amendments, identified by the County Attorney’s Office, respond to recent changes in state law. The first amendment removes the restriction on using shipping containers as building materials for accessory dwelling units (ADU), as state law prohibits local regulation of residential building materials outside limited exceptions. The second amendment addresses performance guarantees for subdivision development, aligning the UDO with new state-mandated review procedures. While the County already follows these practices, the language will be added to the ordinance for clarity. The third amendment updates sign regulations to reflect new statutory definitions for on-premises advertising signs and provisions allowing relocation or replacement of legal non-conforming signs. The Planning Board considered this item at its May 6, 2025 meeting and recommended approval (5-0) of the amendments, finding them to be consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan (Comprehensive Plan). It was also found that the amendments are reasonable and in the public’s interest because the amendments keep the UDO consistent with state requirements. Staff concur with this recommendation, and pending approval, will update the UDO and post it to the County website in the next few days. An extended discussion ensued about the inspection, release, and coverage amendments for Article 6: Subdivision Design and Improvements, Section 6.3, Improvements, 6.3.2 Guarantees of Improvements. Addressing questions about shipping containers and metal cladding, Mr. Farrell clarified that the language permits metal cladding as a material and does not ban shipping containers. He added that local zoning regulations can no longer restrict materials used in single-family construction. As to why manufactured homes are excluded as ADUs, Planning and Land Use Director Rebekah Roth explained that because manufactured homes fall under HUD oversight and are not built to the same code as single-family dwellings, the County can continue to regulate them differently. She noted that the amendment’s sole purpose is to repeal ordinance provisions now preempted by state law. Regarding concerns about developers’ engineers potentially overriding County inspections, Mr. Farrell clarified that the rule applies to subdivision infrastructure, such as sidewalks, not building inspections. He emphasized that legal would review any discrepancies. Ms. Roth added that engineers who submit false certifications risk professional and legal consequences. She reiterated that the change affects subdivision guarantees only, not building permits. Regarding the removal of performance guarantees, Ms. Roth explained that developers remain responsible for maintenance, but the County can no longer require escrow funds. She noted that other legal tools remain available to enforce obligations. She also assured the Board that staff would alert them if an engineer’s action conflicted with County inspection findings. In further discussion, the Board did acknowledge that the amendments stem from the recent state law changes. Planning Board member Hansen Matthews confirmed in response to questions that the recommendation favored the changes (5-0) and acknowledged that while imperfections exist, compliance with state law is necessary. He noted that the professionals on the board (engineers, architects, attorneys) did not raise overriding concerns. Chair Rivenbark announced that no one signed up to speak in support nor in opposition to the request, closed the public hearing, and asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to approve the proposed amendment to the New Hanover County Unified Development Ordinance to update the ordinance to meet the requirements of the North Carolina General Statutes. 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 provides for clear and effective ordinance standards consistent with state requirements. 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 XLVI, Page 7.7. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY JOHN HINNANT WITH EASTERN CAROLINAS COMMERCIAL REAL ESTATE, APPLICANT, ON BEHALF OF PAUL AND JANE CHAUCER, PROPERTY OWNERS, TO REZONE THE EXISTING (CZD) CB, COMMUNITY BUSINESS ZONING OF APPROXIMATELY 0.36 ACRES LOCATED AT 2626 CASTLE HAYNE ROAD TO (CZD) B-1, NEIGHBORHOOD BUSINESS FOR THE USE OF MEDICAL AND DENTAL OFFICE AND CLINIC AND OTHER LIMITED USES (Z25-02 – MEDICAL OFFICE) Development Review Planner Katherine May presented the request to rezone approximately 0.36 acres on Castle Hayne Road, north of the Kerr Avenue intersection, from a conditional CB (Community Business) district to a conditional B-1 (Neighborhood Business) district. The rezoning would allow Trinity Health, an existing medical and dental office, to relocate about 1,000 feet north to a currently vacant commercial site. She reviewed the zoning history, noting that the property was rezoned from R-20 to conditional CB (Community Business) in February 2023. The site features a central commercial building, a rear accessory structure, parking at the front and rear, fenced buffers along the north and east property lines, and landscaping around the parking lot and street yard. Ms. May explained that the applicant proposes no changes to the approved 2023 site plan. The property has full access to Castle Hayne Road, and the applicant will coordinate with NCDOT to upgrade the driveway. She also reviewed nearby residential and commercial developments, an unfunded state transportation project, and a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 483 traffic impact analysis (TIA) for nearby apartments. She noted that the proposed use falls below the threshold for requiring a TIA, with no expected increase in peak hour trips. The project aligns with the County’s strategic goals for sustainable land use, environmental stewardship, and community safety. The Comprehensive Plan designates the site as Community Mixed Use, which supports small- scale, mixed-use development that accommodates all modes of travel. During its March 6, 2025 meeting, the Planning Board voted to recommend approval (5-0) of the proposed rezoning. The application was determined to be consistent with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. It was also found recommending approval of the rezoning request was reasonable and in the public interest because the proposal serves as an appropriate transition between existing residential and commercial uses. Ms. May concluded the presentation by reporting that staff concur with the Planning Board’s recommendation of approval. All existing conditions that currently apply to the property remain related to the list of allowed uses with the addition of medical and dental office and clinic, driveway access, landscaping, sign permitting, and exterior lighting. Should the rezoning be approved, the project will be subject to additional development review through the Technical Review Committee. Chair Rivenbark thanked Ms. May for the presentation and invited the applicant to make their presentation. John Hinnant with Eastern Carolinas Commercial Real Estate, applicant, on behalf of Paul and Jane Chaucer, property owners, stated his clients are mental health professionals, and they are stepping up from being a tenant to a landowner for their own personal wealth growth. This request is an adaptive reuse, so nothing is being changed with the physical footprint except for complying with the NCDOT permitted driveway, which is about 30 feet long to cover the right of way. He noted that his clients are currently with patients, which is why they are not present. 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 to Board discussion. Hearing no further discussion, Chair Rivenbark asked Mr. Hinnant whether, based on the Board discussion and items presented during the public hearing, he would like to withdraw the petition or proceed with the vote. Mr. Hinnant responded that he wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to approve the proposed rezoning. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal serves as an appropriate transition between existing residential and commercial uses. In addition, it will expand the opportunity for additional medical offices in the area. The following conditions will apply to this approval as follows: 1. Restricting the uses allowed within the district to allow for Medical and Dental Office and Clinic, Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage and glare is not directed at adjacent properties, neighboring areas, or motorists. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1974 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 60. CONTINUATION OF QUASI JUDICIAL HEARING TO JULY 21, 2025 During the April 3, 2025 agenda review meeting, the Board of Commissioners approved the applicant’s request to continue the following quasi-judicial hearings to the July 21, 2025, regular meeting:  SPECIAL USE PERMIT (S24-04) - MULTI-FAMILY IN B-2 - REQUEST BY BAYSHORE TOWNHOMES, LLC, APPLICANT, ON BEHALF OF BEE SAFE PORTERS NECK, LLC, PROPERTY OWNERS, FOR A SPECIAL USE PERMIT FOR A 62 UNIT MULTI-FAMILY DEVELOPMENT WITH 1,800 SQUARE FEET OF COMMERCIAL SPACE IN A B-2, REGIONAL BUSINESS DISTRICT ON A 3.21-ACRE PARCEL OF LAND LOCATED AT 8138 MARKET STREET. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 APRIL 7, 2025 REGULAR MEETING PAGE 484  SPECIAL USE PERMIT (S24-05) - ADDITIONAL DWELLING ALLOWANCE - REQUEST BY BAYSHORE TOWNHOMES, LLC, APPLICANT, ON BEHALF OF HERBERT PARHAM, PROPERTY OWNER, FOR A SPECIAL USE PERMIT FOR AN ADDITIONAL DWELLING ALLOWANCE FOR 242 ROW-STYLE DWELLING UNITS IN AN R-15, RESIDENTIAL DISTRICT ON A 30.22-ACRE PARCEL OF LAND LOCATED AT THE 8100 BLOCK OF MARKET STREET. PUBLIC COMMENTS Chair Rivenbark stated that five people signed up to speak under public comment and asked that the speakers provide comments. Stephanie Hunt, a resident of Piedmont Place, Wilmington, NC stated she is the CEO of a consulting firm specializing in emergency management and homeland security and expressed concern about the treatment of New Hanover County Fire Department Captain Steve Hunt. She questioned why he was placed on administrative leave after raising health and safety concerns at Castle Hayne Fire Station 13. She criticized county leadership actions for what she deems as retaliatory and failing to address firefighters’ well-being. Ms. Hunt urged the Board to honor their campaign promises, hold leadership accountable, and take meaningful action to resolve these issues. Adrianne Garber, a resident of Red Heart Drive, Wilmington, NC urged the Board to enact a 90-day moratorium on new construction permits to evaluate population growth and environmental impacts. Drawing on the Florida Keys’ Rate of Growth Ordinance (ROGO) and environmental protections from 1972, she stressed the importance of sustainable development and emergency evacuation planning. She warned that current infrastructure may not support safe evacuation and proposed adopting a local version of ROGO and prioritizing green space acquisition for preservation. Beth Conolly, a resident of McDougald Drive, Castle Hayne, NC, yielded her time to Caroline Conolly. Caroline Conolly, a resident of McDougald Drive in Castle Hayne, NC, shared her personal health journey and connection to the proposed development near Sledge Forest. As an elementary school teacher, she emphasized her dedication to environmental education and her concern for future generations. She warned that exposure to carcinogens contributes to cancer and stressed the need to protect children from environmental hazards. Refuting claims that residents declined water testing, she stated that her household and others participated; while her results came back clean, she cautioned that the proposed development could disturb toxic plumes near the GE site, creating serious health risks. She urged the Board to recognize its moral and professional responsibility to protect public health, especially for children. She also recounted classroom conversations that connected environmental stewardship to the “Save Sledge” movement. She also criticized development plans that favor luxury housing over preserving old-growth forests, particularly as the region faces increasing threats from severe weather and flooding. Brian Puskas, a resident of Prince George Avenue in Castle Hayne, NC, spoke on behalf of the Castle Hayne community. He shared that his family has lived in the area for 125 years and owns 25 acres near Fire Station 13. He emphasized the station's critical role in providing emergency medical services and praised its staff, especially Captain Steve Hunt, for his leadership, integrity, and commitment. He requested Captain Hunt’s reinstatement to full-time active duty, stating that the community feels safer under his leadership. He also thanked the County for the new fire station and encouraged the Board to engage more with Castle Hayne. He noted the community’s lack of representation on boards and committees, such as the Planning Board, and urged the Board to ensure local voices are heard. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:21 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.