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HomeMy WebLinkAbout2025-07-17 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AGENDA REVIEW, JULY 17, 2025 PAGE 589 ASSEMBLY The New Hanover County Board of Commissioners met on July 17, 2025, at 4:00 p.m. for Agenda Review in Conference Rooms 138-139 at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner 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. Chair Rivenbark called the meeting to order, stating that the purpose is to review and discuss agenda items for the July 21, 2025 Regular Meeting. Consent Agenda Item #6: Approval of Offer to Purchase 0.07 Acres of Surplus Property at 1015 State Avenue and Associated Upset Bid Process. In response to questions, Chief Financial Officer Eric Credle explained that the County acquired the parcel years ago through a tax lien foreclosure and had not actively marketed it. The prospective buyer owns adjacent property across the street and approached the County about purchasing the parcel. The Board discussed the desire for a map or resource that identifies all County-owned properties. County Manager Coudriet noted that an interactive GIS layer shows County holdings, including foreclosed parcels, and staff will provide a link to the GIS site and a hard copy of a map. He indicated the information could support planning for future parks, schools, and housing development. The Board also discussed the potential value of mapping County- owned parcels as part of long-range planning and strategic land use considerations. Regular Agenda Item #8: Consideration of a landfill tipping fee waiver for Cape Fear Public Utility Authority (CFPUA). CFPUA Deputy Director Kevin Morris presented a brief overview of the request for the County to waive the tipping fees for soils removed from the New Southside Wastewater Treatment Plant site, a former law enforcement shooting range. He explained that the site contains lead bullets embedded in berms and slopes, and CFPUA has contracted with Recoil LLC, a company experienced in lead removal, to sift the soils to a depth of two feet using quarter-inch mesh screens. While the process will capture large bullet fragments, smaller fragments may remain due to impact deformation. The request involves 600–1,500 cubic yards of soil, enough to cover a football field 4–10 inches deep, and he noted the landfill’s need for daily cover material and proposed that CFPUA conduct Toxicity Characteristic Leaching Procedure (TCLP) testing on the material as a condition of the waiver, acknowledging environmental concerns regarding potential lead contamination. County Manager Chris Coudriet commented that this was the first time Mr. Morris had presented the modified request, noting the proposal had not reached staff, including Recycling and Solid Waste Director Joe Suleyman, before this meeting. He cited concerns over the $78,000 in lost revenue and the risk of contamination, reiterating that the department’s fund depends on fees. Chair Rivenbark agreed, emphasizing the need to preserve landfill revenue and capacity. The Board acknowledged CFPUA’s effort to address environmental concerns through testing but stressed the importance of staff review and the financial implications of the waiver. Mr. Morris was asked to submit the revised proposal to staff and recommended leaving the matter open for further consideration at a future meeting. In response to questions, Mr. Suleyman stated that contaminated soils could only be used on interior landfill slopes to minimize runoff risks. He noted that in past cases, materials were not delivered in sufficient quantities to be effectively used as daily cover, resulting in operational inefficiencies and financial loss. If the Board wished to proceed, he recommended requiring delivery on a set schedule. He estimated the material’s value at approximately $16,000 to $20,000 based on daily cover costs, but confirmed that any soil with hazardous content, even if sifted, could not be used on exterior slopes. Regular Agenda Item #9: Consideration of the 2024 Annual Tax Settlement. In response to questions, Ms. Snell confirmed that it is typical not to achieve 100% collection. She explained that any property tax revenue received after the close of the fiscal year is categorized as prior year tax collection and is reflected accordingly in the report. These funds are deposited into the General Fund and may be available for future use. Regular Agenda Item #10: Consideration of Approval for the Scotts Hill Water Main Extension Project. Commissioner Scalise noted that, given the County’s major investments in water and sewer infrastructure, requests for tipping fee waivers should be considered in the broader context of these significant community-wide commitments. Regular Agenda Item #11: Consideration to Conclude County Participation in the Interlocal Agreement with the City of Wilmington for the Workforce Housing Advisory Committee (WHAC). Commissioner Zapple stated his opposition to dissolving WHAC as he feels the committee remains relevant and effective in addressing ongoing housing challenges. He cited strong community involvement, low cost to the County, and the need to stay engaged alongside the City of Wilmington (City). Commissioner Walker agreed, highlighting strong attendance at recent meetings and WHAC’s success in leveraging housing funds. She encouraged revising the agreement rather than ending participation. Vice-Chair Pierce supported withdrawing staff support, noting the County can still work on the matter through rezonings. She viewed the change as a reorganization rather than a withdrawal from the topic. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AGENDA REVIEW, JULY 17, 2025 PAGE 590 Commissioner Scalise supported the County Manager’s recommendation. County Manager Coudriet explained that the committee was created in 2019 to explore a housing bond and later advised on allocating $3 million in County funding. With that funding removed, staff viewed the Board’s decision as permanent and no longer aligned with current policy. He noted the City could continue the work, and staff would engage if directed to pursue an alternative agreement. Chair Rivenbark said the committee could continue without County involvement and welcomed future participation if funding is restored. Commissioners expressed differing views on the best path forward, with some emphasizing the importance of ongoing collaboration and others supporting alignment with the Board’s current policy direction. Regular Agenda Item #12: Consideration to Conclude County Participation in the jointly adopted bylaws with the City of Wilmington for the Community Relations Advisory Committee (C-RAC). County Manager Chris Coudriet explained that the recommendation to end the County’s participation in C-RAC reflects ongoing organizational changes. Since creating C-RAC, the County has established other community-based committees, including the African American, Hispanic-Latino, and Women’s Commissions, which now serve similar purposes. With the Office of Diversity and Equity restructured into the Office of Civic Engagement and reduced to two staff, he emphasized the need to prioritize resources to support those newer committees. He stated that staff view the work of C-RAC as largely duplicative and believe eliminating it aligns with current policy and staffing realities. Commissioner Zapple opposed the request and described C-RAC as a vital, longstanding forum for dialogue and community involvement. He argued that it costs the County little and remains highly relevant. He stressed that removing the platform would send the wrong message about the County’s commitment to civic engagement. Commissioner Walker supported his view, emphasizing that committees like C-RAC give residents a voice in local government. She expressed concern that dissolving it would reduce citizen participation and said the committee’s volunteer members deserve continued support. Chair Rivenbark questioned the need to continue the committee due to staffing constraints, while Commissioner Walker urged the Board not to consider citizen engagement efforts as expendable. She raised concerns that the recommendation implied broader plans to review or eliminate other committees. County Manager Coudriet clarified that this matter would not impact other committees, though staff are internally reviewing how best to allocate Civic Engagement resources moving forward. He emphasized that the Board created the other commissions, which remain active and staffed, and reaffirmed that eliminating C-RAC does not diminish the County’s overall commitment to transparency and public engagement. NOTE: Commissioner Scalise departed the meeting at 4:36 p.m. In further discussion, Commissioner Zapple stated that ending C-RAC undermines the County’s stated values and warned it could set a precedent for further committee cuts. County Manager Coudriet responded that both he and Chief Civic Engagement Officer Linda Thompson support the recommendation as a strategic decision. Regular Agenda Item #13: Rezoning Request (Z25-06) - Request by Craig Johnson with Heron Cove Development, LLC, applicant, on behalf of Canh Nguyen and Ngoc Nguyen, property owners, to rezone approximately 10.8 acres located at 6425 and 6437 Gordon Road and 1927 Gordon Acres Drive from R-15, Residential to a (CZD) R-5, Residential Moderate High District for a 67-lot residential subdivision. In response to questions, Senior Planner Zach Dickerson confirmed that the applicant reduced the proposed subdivision from 81 to 67 lots, following Planning Board feedback. The revised layout remains within the recommended density of the General Residential place type, and staff continues to recommend approval. Regarding interconnectivity, he explained that the subdivision will connect to Daniel Boone Trail through an emergency access stub road provided by the adjacent neighborhood during earlier development. Roads in the area are private, and Gordon Acres Drive remains unpaved with no vehicle connection, though bike and pedestrian links will exist between neighborhoods. Emergency access will not be open to regular traffic. He also confirmed that the North Carolina Department of Transportation (NCDOT) has begun construction on the Gordon Road expansion project, but he did not have a projected completion date. County Engineer Tim Lowe responded to questions on stormwater, stating that the system is designed to meet the 25-year storm standard per County requirements, but would confirm the specifics with his team before Monday’s meeting. Regular Agenda Item #14: Rezoning Request - (Z23-04M) by Corrie Faith Lee with Equitas Law Partners LLP, applicant, on behalf of River Road Construction, LLC, property owner, to modify an existing approximately 13.94 acres (CZD) RMF-L, Residential Multi-Family Low-Density, and (CZD) B-2, Regional Business district located at 6900 and 6904 Carolina Beach Road to reduce the maximum unit count and density, and to modify the approved housing type from multi-family to single-family attached dwelling units. In response to questions, Development Review Planner Ryan Beil explained that the request reduces the previously approved 126 multifamily units to 85 single-family attached units. He confirmed the change reflects market conditions and noted that the original plan was approved approximately three years ago. Ms. Roth added that conditional zoning districts require new rezoning when site layout or density changes occur. These revisions are increasingly common as older projects are re- evaluated under updated market demands or engineering constraints. She clarified that rezonings are land-use entitlements tied to the property, not the owner, and that North Carolina has no legal mechanism to require a start or completion date as part of the rezoning process. Only development agreements, separate from rezonings, can establish enforceable timelines. Regarding the 6.41 acres being left undeveloped, Ms. Roth confirmed that any future use of that portion would require another rezoning. She explained that only the U.S. Army Corps of Engineers can officially determine the presence of wetlands, and such information is released only to the property owner. She also noted that the current request does not propose phased development. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AGENDA REVIEW, JULY 17, 2025 PAGE 591 Regular Agenda Item #15: Rezoning Request (Z25-12) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Janece Stone with J Stone Investments, LLC, property owner, to rezone approximately 4.31 acres zoned R-20, Residential located at 3419 Castle Hayne Road to (CZD) B-2, Regional Business for a marine contractor office with warehousing. In response to questions, Development Review Planner Katherine May confirmed that the term “gravel yard” refers to the area being surfaced with gravel, not a retail operation. The area is to be used for parking and storage of landscaping materials, not for the sale of gravel. Regarding septic use versus connecting to sewer service, she reported that CFPUA sewer access is available across the street but would require boring under the road to connect. The applicant has indicated they do not wish to incur that cost. Environmental Health has reviewed the submission and recommended that a soil scientist determine septic feasibility. She noted that the Board may request a condition to require sewer connection or further documentation as part of the rezoning decision. Ms. Roth added that any such condition would need the applicant’s consent to be enforceable and that staff would communicate the Board’s concerns prior to the hearing. She also explained that CFPUA performs site- specific engineering reviews and, if infrastructure installed by one developer could serve others, shared-cost agreements could be explored. During additional discussion, the Board discussed the growth along Castle Hayne Road and the benefits of extending sewer proactively to support future development. Ms. Roth confirmed in response to questions that there will be follow up with the applicant, and such infrastructure considerations need to be coordinated with CFPUA. Regular Agenda Item #16: Rezoning Request (Z25-13) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Jose A C Godinez, property owner, to rezone approximately 2.00 acres zoned R-20, Residential located at 4222 Castle Hayne Road to (CZD) B-2, Regional Business, for the uses of Contractor Office and Offices for Private Business and Professional Activities. In response to questions, Ms. May stated the applicant had not proposed heavy equipment use or maintenance as part of the application, only work trucks and storage of materials. Development Review Supervisor Robert Farrell clarified that general upkeep of vehicles, such as checking air or cleaning, may be customary, but more intensive repair work (e.g., engine replacement or painting) would fall under a separate land use category not included in the request. Ms. Roth added that minor fleet maintenance is considered a customary accessory use for contractor offices and is permitted unless explicitly restricted by a condition. However, any such condition would treat this applicant differently than others with the same use designation. Regarding how traffic impacts are summarized in staff reports, Ms. Roth explained that since an NCDOT presentation to the Board two years ago, staff have used a standard methodology incorporating general background growth rather than aggregating nearby unbuilt developments. She noted that this approach reflects engineering standards, time, staffing constraints, and NCDOT’s responsibility for roadway planning. As to the eventual cumulative traffic impacts from several rezonings near Castle Hayne Road, Ms. Roth explained that the County works through long-range planning efforts and coordination with the WMPO and NCDOT. She also confirmed that upcoming land- use modeling as part of the Comprehensive Plan update will assess traffic impacts regionally and help prioritize future projects for state and WMPO funding. However, she emphasized that developers are only responsible for mitigating their own project’s impacts, not broader corridor congestion, according to state law. Regular Agenda Item #17: Appointment of Voting Delegate to the 2025 North Carolina Association of County Commissioners (NCACC) Annual Conference. In response to questions, Commissioner Zapple stated that he is agreeable to being appointed as the voting delegate. Regular Agenda Item #18: Committee Appointments. County Manager Coudriet noted that he is recommending disbanding the Non-County Agency Funding Committee. ADJOURNMENT There being no further discussion, Chair Rivenbark adjourned the meeting at 5:24 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.