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HomeMy WebLinkAbout2025-08-18 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 619 ASSEMBLY The New Hanover County Board of Commissioners met on August 18, 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; 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. INVOCATION AND PLEDGE OF ALLEGIANCE Imam Abdul Rahman Shareef, Tauheed Islamic Center of Wilmington, provided the invocation, and Commissioner Walker 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 that Consent Agenda Items #3: Approval of Sale to Cape Fear Community College of Building at 319 North Third Street, #7: Adoption of Resolution Authorizing Opioid Litigation Settlements, and #9: Adoption of National Immunization Awareness Month Proclamation be pulled for further discussion. Vice-Chair Pierce requested that Consent Agenda Item #6: Adoption of Personnel Policy Changes be pulled for further discussion and a separate vote. Hearing no further requests, Chair Rivenbark asked for a motion to approve the remaining items on the Consent Agenda as presented. 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 ITEMS OF BUSINESS Approval of Minutes – Governing Body The Board approved the minutes of the July 17, 2025 Agenda Review and the July 21, 2025 Regular Meeting. Approval to Amend the 2025 Schedule of Agenda Review and Regular Board of Commissioners Meetings for December – Governing Body The Board approved the amendment to the 2025 Schedule of Agenda Review and Regular Board of Commissioners Meetings. A copy of the amended meeting calendar is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.1. Approval of Offer to Purchase .0087 Acres of Surplus Property and Associated Upset Bid Process – County Manager th The Board accepted the offer for the surplus property located at 712 S. 7 Street and directed staff to notice the upset bid process and authorize the County Manager to accept and sell the property to the highest bidder. Adoption of Budget Amendments – Budget The Board adopted budget amendments 26-003 and 26-004, amending the annual budget ordinance for the fiscal year ending June 30, 2026. Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.2. Adoption of Child Support Awareness Month Proclamation – Health and Human Services The Board adopted a proclamation recognizing August as “Child Support Awareness Month” as presented. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.4. Discussion and Approval of Sale to Cape Fear Community College of Building at 319 North Third Street – Finance In response to Commissioner Zapple’s questions, Chief Financial Officer Eric Credle confirmed that the proposed sale to Cape Fear Community College would reimburse the County for its earlier investment and add approximately $11.3 million in new revenue to the general fund. County Manager Coudriet responded that the budget amendment places the money into fund balance, but the Board could redirect it by motion, noting that once in fund balance, the Board could later allocate the funds for school nurses or other priorities. NOTE: The Board approved and directed staff to complete the sale of 319 North Third Street to Cape Fear Community College for $11,375,000 and to assign the option contract for the surface lot. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 620 Discussion and Adoption of Resolution Authorizing Opioid Litigation Settlements – County Attorney In response to Commissioner Zapple’s questions, Mr. Credle confirmed that the County will receive the opioid settlement funds, which must be deposited into a designated account. County Manager Coudriet explained that the state-approved settlement strictly limits how the funds may be used and that school nurses or mental health therapists would not qualify. He noted that those positions have historically been funded through the $50 million Mental Health and Substance Use Fund. County Manager Coudriet added that opioid settlement dollars follow a prescribed strategy under an interlocal agreement with the City of Wilmington, which created the Joint City-County Opioid Settlement Subcommittee to oversee annual funding recommendations. Commissioner Scalise stated he serves as chair of the joint committee and confirmed the funds are already being used and recent data show progress in addressing opioid use in the community. He said the subcommittee met earlier this year, received staff recommendations, and presented them to the Board, which unanimously approved the allocations. The subcommittee will reconvene early next year to review new recommendations and return with another report for Board approval. Commissioner Zapple asked for an interim report on how the $4.3 million might be used. Commissioner Scalise responded that staff work continues year-round, but formal recommendations occur once a year. He emphasized that the current plan has produced positive results and that new recommendations will come forward early next year. He added that the Board received a presentation a few months ago and could request another update or individual briefings with staff. NOTE: The Board adopted the resolution authorizing opioid litigation settlements as presented. Discussion and Adoption of National Immunization Awareness Month Proclamation – Health and Human Services In response to Commissioner Zapple’s question about whether budget cuts left the Health Department without new immunization supplies, County Manager Coudriet said he was unaware of such an issue and unprepared to answer. He noted that most immunization supplies come from the State of North Carolina rather than county purchases and said that if there were a policy disruption, he and the health director should address it. He added he could not comment further without more details. Commissioner Scalise recalled a previous offline discussion about this matter and stated it would have been more prudent to raise such concerns with the county manager in advance. While affirming that County Manager Coudriet is knowledgeable, he noted that no one can know every detail, particularly if outside information conflicts with staff knowledge. He added that if the concern proved legitimate, staff should follow up, but testing the county manager in public on an issue he had not been briefed on was not the right approach. Commissioner Zapple agreed to discuss the matter with the county manager later. NOTE: The Board adopted the proclamation recognizing August as “National Immunization Awareness Month” as presented. Hearing no further discussion, Chair Rivenbark asked for Board direction on Consent Agenda Items #3, #7, and #9. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve Consent Agenda Items #3: Approval of Sale to Cape Fear Community College of Building at 319 North Third Street, #7: Adoption of Resolution Authorizing Opioid Litigation Settlements, and #9: Adoption of National Immunization Awareness Month Proclamation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution for Consent Agenda Item #7 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.3. A copy of the proclamation for Consent Agenda Item #9 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.5. Discussion and Adoption of Personnel Policy Changes – Human Resources In response to Vice-Chair Pierce’s request for clarification on the policy change related to county employees seeking elected office, Chief Human Resources Officer Mark Francolini explained that the policy formalizes the practice requiring employees to resign upon filing for candidacy for positions such as County Commissioner, Sheriff, Soil and Water District, or the General Assembly. If they do not resign on the filing date, it counts as an automatic resignation due to the conflict of interest created by running while employed by the County. He clarified that the policy applies only to employees reporting through the County Manager’s chain of command, not to those serving in municipalities. Vice-Chair Pierce expressed concern that an employee interested in running for a county office would now be required to resign upon filing rather than if elected. She understood the conflict of interest once elected but did not view filing alone as a conflict and said she did not want to stifle employees’ ambitions to run for office. County Manager Coudriet responded that the policy reflects long-standing administrative practice recommended by the county attorney and followed for at least 18 years. He explained that separating job duties from campaign activity is virtually impossible, particularly regarding county time and resources, which is why the practice requires resignation at filing. He emphasized that the policy was not introduced in response to any recent situation. Vice-Chair Pierce reiterated her view that conflict arises only after winning office and noted that the matter warranted public discussion rather than placement on the Consent Agenda. Hearing no further discussion, Chair Rivenbark asked for Board direction on Consent Agenda Item #6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 621 MOTION: Commissioner Scalise MOVED, SECONDED by Chair Rivenbark to approve Consent Agenda Item #6: Adoption of Personnel Policy Changes as presented. Upon vote, the MOTION PASSED 4 TO 1, Vice-Chair Pierce dissenting. REGULAR AGENDA ITEMS OF BUSINESS PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees to receive a retirement award: John Bryant, Facilities Management, retiring with 37 years of service. Deborah Lovett, Health and Human Services (HHS) – Public Health, retiring with 30 years of service. Each retiree received a retirement award from the Board in recognition of their dedicated service. County Manager Coudriet then recognized the following employees receiving service awards: Five Years: Andrew Franklin, Sheriff’s Office Derrick Jones, HHS-Social Services Yvonne Molina-Ayala, HHS-Social Services Linda Thompson, Civic Engagement Tamekia Young, HHS – Social Services Ten Years: Peter Batson, Fire Services Cody Pritchett, Facilities Management Fifteen Years: Charlie Thomas, Sheriff’s Office Twenty Years: Tabatha Miller, HHS-Social Services The Board presented each employee with a service award, thanked them personally, and expressed appreciation for their years of dedicated service. County Manager Coudriet requested the following new employees to stand for introductions: Tyler Breton, Sheriff’s Office Giovanni Pisapia, Sheriff’s Office Rachel Smyer, Cape Fear Museum Philip Carlson, Sheriff’s Office Madyson Wilson, Sheriff’s Office The Board welcomed the employees to the organization and wished them success in their new positions. NEW HANOVER COMMUNITY ENDOWMENT PRESENTATION New Hanover Community Endowment (NHCE) Chair Shannon Winslow and Interim President and CEO Sophie Dagenais provided an overview of the following information:  NHCE August 2025 report:  Our mission: Improve the health, education, safety, and economic opportunity of every person in our community  Early returns (2022-2023):  Early returns (2024): NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 622  The Vision Forward (strategic refresh):  The Path Forward:  The work now and looking forward:  2025 grants financial snapshot:  Operational focus - grants and strategy:  Strategy development:  Closing and gratitude:  Public Meeting: December 2025 A brief discussion ensued about the update. In response to questions, Ms. Dagenais explained that the Path Forward initiative on early childhood education requires a multifaceted, system-wide approach. She noted NHCE’s NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 623 history of grants supporting early childhood education, maternal health, workforce development, and aging services. While grantmaking continues, she emphasized the need to develop a strategy that identifies who provides early childhood services, where gaps exist, and how to ensure access. She added that the work must begin earlier by supporting healthy births through partnerships with health providers and community organizations. Ms. Dagenais also stressed the importance of convening grantees to identify what is missing across the continuum, from birth to school readiness, to build toward grade-level reading proficiency. She said the focus is on weaving outcomes across multiple grantees rather than isolated projects and looks forward to advancing that collaborative work. Regarding her role, Ms. Dagenais stated she has served at NHCE as vice president of programs and grants and is now three weeks into her tenure as interim CEO. She described the team as strong and said her focus is on the present, with no reason to make staffing changes at this time. She acknowledged the organization will grow and evolve as needed, but does not anticipate significant adjustments. On future NHCE Board appointments, she emphasized the importance of stability during a leadership transition and said she would promote continuity. In response to further questions, Ms. Dagenais stated the full budget will be distributed this year, with all grant funds deployed by the end of October. She confirmed that she continues to serve as vice president of programs and grants while also serving as interim CEO. She explained that staying in touch with grantees is both a mandate and a daily practice, involving required reporting, relationship-building, and ongoing communication to ensure lessons are applied to future grants. She also agreed with the need for greater public engagement, stating that NHCE will work to share more frequently and more deeply. Hearing no further discussion, Chair Rivenbark thanked Ms. Winslow and Ms. Dagenais for the update. PRESENTATION BY YOUTH AMBASSADORS FROM YOUNG SCIENTIST ACADEMY Young Scientist Academy (YSA) Founder and Executive Director Rob Condon thanked the Board for the opportunity to have YSA youth ambassadors present their findings on climate change, urban sustainability, and public health in the County. He explained that YSA mentors more than 300 students weekly across eight schools, many of which are Title I, to strengthen STEM engagement, achievement, and leadership from elementary through high school. YSA’s work centers on three pillars: Learn STEM (student programming), Teach STEM (educator training), and Apply STEM (workforce development and community outreach). He emphasized the need to build a local STEM talent pool to address industry and environmental challenges. He highlighted recent workshops on field research, coding, and data science, which culminated in a STEM Open House attended by local leaders. He then introduced the youth ambassadors to present their projects. Madeline Woodhous, a senior at GLOW Academy, described how YSA gave her confidence to pursue a STEM career and helped her gain acceptance into advanced academic programs. She highlighted student projects that produced measurable results, including launching weather balloons to study weather patterns, coding apps to address food waste and nutrition, and conducting environmental field and lab research. She said these experiences show how STEM engagement improves academic performance and prepares students to succeed in growing fields such as finance, healthcare, and technology. Elliana Henderson, a YSA student for four years, presented findings from her team’s study of green space in New Hanover County. Using Python coding, digital imagery, and drone surveys, they mapped areas with limited tree cover and higher summer temperatures, particularly downtown Wilmington, and the industrial corridor. Their data showed that low-income neighborhoods in these areas face higher energy costs due to a lack of shade. They also identified five additional areas of concern, including Woodberry Forest, River Lights, Green, Myrtle Grove, and Sledge Forest. Ms. Henderson said their findings point to solutions such as rooftop gardens, urban agriculture, preserving existing green space, and providing support for homeowners to plant trees. Hala Mahmoud, a student at GLOW Academy and member of YSA for two years, spoke about her interest in biology and concern for water quality. She and her peers tested water samples across Wilmington, finding high bacteria levels in places such as Greenfield Lake, which poses health risks for recreation and fishing. Their measurements also showed low oxygen and high nutrient levels. After partnering with Cape Fear River Watch to plant trees near drains, follow-up testing showed less bacteria and higher oxygen, confirming that vegetation improves water quality by absorbing nutrients and producing oxygen. Havah Henzler, a sixth-grade student at Gregory, presented findings on the environmental and social impacts of the fast fashion industry. She explained that clothing dyes use strong chemicals that are often discarded into rivers, polluting the environment. She noted that most textiles are produced in lower-GDP countries where impacts are the greatest. Using Python coding, she created an interactive map showing global textile production hotspots. Her project also revealed a disconnect in New Hanover County between residents and stated concern for the environment and the continued purchase of fast fashion. She suggested local solutions such as buying thrifted or recycled clothing, wearing clothes longer, and supporting fair trade businesses. Mr. Condon concluded the presentation, reiterating his appreciation for the opportunity to allow the youth ambassadors to provide their presentations. The Board thanked Mr. Condon and the students for the presentation and for making a difference in the community with their work. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 624 PRESENTATION BY BOYS AND GIRLS CLUBS OF SOUTHEASTERN NORTH CAROLINA (BGCSENC) MEMBER AND NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC) YOUTHVOICE 2025 DELEGATE ZAIDEN WILLIAMS BGCSENC Teen Center Workforce Unit Director Leandra Grady thanked the Board for its continued support, noting this is the program’s third year of participation. She introduced Zaiden Williams as this year’s candidate, highlighting Zaiden’s contributions as an artist, including murals in offices and an illustration featured on the cover of a recently published youth book. Ms. Grady expressed pride in the accomplishments of the program’s participants. Zaiden Williams, Youth of the Year candidate for BGCSENC, a rising junior at Ashley High School, and a member of the Boys and Girls Club for two years, spoke about the program’s positive impact. He said BGCSENC provides a safe environment for youth to learn and grow, helps students explore ambitions, and connects them with professional and real-world experiences. He shared that he participated in the SPARC program at UNCW, which is being expanded to the Teen Center to offer high school science credits and STEM opportunities. He thanked the Board, stating that support for the Boys and Girls Club is an investment in the community’s future. The Board commended Mr. Williams on his presentation and noted how the conference will continue to help him grow while learning about county government. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY TO AMEND ARTICLES 3 AND 4 OF THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT ORDINANCE TO CHANGE THE APPROVAL PROCESS FOR ADDITIONAL DWELLING ALLOWANCES FROM QUASI-JUDICIAL TO LEGISLATIVE (TA25- 03) Planning and Land Use Director Rebekah Roth presented the proposed text amendment which is in response to concerns about the review process for requests for additional dwelling allowances, currently authorized through the special use permit (SUP) process. The provision, originally established in 1982 as “High Density Development,” allowed the Board to consider densities above the 3.3 units per acre limit in effect at that time. With the Unified Development Ordinance (UDO) adoption in 2019, several new zoning districts were added to allow the full range of residential densities envisioned in the 2016 Comprehensive Land Use Plan (Comprehensive Plan). As a result, additional dwelling allowances became less necessary, and since that time, staff have received only a handful of requests compared to more than 65 rezonings for higher density. Additional standards apply to these projects to ensure higher densities are proposed only in areas identified as appropriate in the Comprehensive Plan and to hold them to stricter design requirements for open space and impervious limits. However, the quasi-judicial review process does not address many of the questions or concerns typically raised about higher densities. Quasi-judicial cases must follow “mini court” rules, requiring evidence, witness standing, and restricted commissioner discussion, which makes public participation more difficult. The proposed amendment would replace the quasi-judicial process with a legislative review, which is more familiar to residents and allows decision-makers to consider broader factors such as impacts on services and project design. As with other density decisions, Commissioners may vote according to what they believe best serves the community. The Planning Board considered the amendment on April 3, 2025 and voted 5-1 to recommend approval, noting concern that it could fall within the scope of recent downzoning legislation. The County’s Legal staff has confirmed their position that the proposed amendment does not violate those downzoning provisions, so staff is recommending approval of the proposed amendment. Ms. Roth added that projects with pending applications, such as the Bayshore Townhomes application and revised Tarin Woods application, would proceed under the rules in place at the time of application, as allowed by state law. She reported that six public comments in support of the amendment were also received and provided to the Board before the hearing. Chair Rivenbark stated that one person signed up to speak in favor and asked the speaker to make their remarks. Adrianne Garber, a resident of Red Heart Drive, Wilmington, NC, spoke in support of the proposed amendment, stating that it would improve transparency and allow decision-makers to better balance growth with the public interest. She urged the Board to approve the change and raised concerns about existing density allowances in zoning districts such as R-10, R-15, and R-20. She asked the Board to consider lowering the density factors listed in Table 3.1.3.E.1.c – Density Factor by Zoning District and to increase the minimum open space requirements in Table 3.1.3.E.3.a.1. She also expressed concern about development practices such as backfilling, retaining walls, and the creation of impervious surfaces, and emphasized the need to preserve trees, wetlands, and green space. She noted that housing availability from the baby boomer generation will ease demand and cautioned against continual new construction. She also commented on risks associated with flood insurance policies. Ms. Garber concluded that approving the amendment would ensure a fuller, more accurate review of development impacts and provide greater flexibility for decision-makers. Chair Rivenbark then stated that one person signed up in opposition to the request and asked the speaker to make their remarks. Brad Shuler, a resident of Chair Road, Castle Hayne, NC, and a professional planner, spoke in opposition to the text amendment. He stated the proposal goes beyond a process change by removing a permitted use and reducing allowable density, which meets the statutory definition of downzoning under state law. He cited North Carolina General Statute (NCGS) §160D, which defines downzoning as reducing permitted uses or decreasing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 625 allowable density, and argued the amendment does both. He explained that SUPs authorize development within existing zoning regulations and do not change the zoning, while rezonings change the zoning map and law. He referenced PHG Asheville, LLC v. City of Asheville, where the North Carolina Supreme Court described special uses as those expressly permitted in a district upon proof of conditions detailed in the ordinance. Mr. Schuler further stated that a property owner with a SUP retains flexibility to pursue other permitted uses if plans change, but under conditional rezoning, the owner is tied to specific conditions and must rezone again to change uses. For example, if an R-10 conditional district rezoning approved a multifamily project but the owner later wanted single-family homes, another rezoning would be required, eliminating the by-right entitlement available under the base district. Regarding density thresholds, he noted that under R-15 zoning, the additional dwelling allowance SUP allows up to 10.2 dwelling units per acre, while a typical three-story apartment complex requires about 15 units per acre, forcing applicants to pursue rezonings. He reviewed 78 rezonings for higher density since the adoption of multifamily districts. He found 66 would not have qualified for an additional dwelling allowance SUP due to zoning restrictions, density needs, or Comprehensive Plan classifications. He argued this shows the SUP remains a valid tool for targeted higher density where appropriate. Furthermore, SUPs require applicants to provide expert testimony on impacts, apply clear findings of fact, and prohibit ex parte communication, which ensures transparency. He cautioned that requiring conditional rezonings removes their voluntary nature, shifts decisions to broad legislative discretion, and reduces predictability for property owners. Mr. Schuler concluded that eliminating the additional dwelling allowance SUP reduces housing options, worsens the County’s housing gap, and encourages sprawl, traffic, impervious surfaces, stormwater runoff, tree loss, and housing unaffordability. He suggested alternatives such as expanding by-right uses with added standards, strengthening SUP criteria, or assigning SUP decisions to the Board of Adjustment, a quasi-judicial body equipped to apply clear standards. Chair Rivenbark stated the next steps for the public hearing are the staff response to Board questions and opponents’ presentation and opponents’ rebuttal with each side having up to five (5) minutes to speak. In staff response, Ms. Roth stated that many of Mr. Schuler’s points were legal issues best addressed by the county attorney. She explained that since the new districts were created, only two applications sought projects not already denied through a legislative process. Staff considered adding more standards but found that would complicate the process and raise new legal questions about evidence. She added that changing density or open space through a SUP would conflict with state law prohibiting limits on existing development intensity. County Attorney Smith added that the law took effect in December 2024 and has not been challenged in court. He noted that there are questions about its broader impact, with some matters still open to interpretation, but no court has ruled on them. Based on his review, he does not believe the amendment violates the law and said there are strong, good faith arguments supporting that position. He added that a detailed discussion would be more appropriate in closed session. In response to questions, Ms. Roth explained that the cost for residents to participate in a SUP hearing can be significant, often requiring attorneys and expert witnesses for issues such as traffic. While she could not give a specific figure, she said expenses can reach thousands of dollars, though neighbors sometimes pool resources or experts volunteer their services. She also confirmed that the current Comprehensive Plan was adopted in 2016 and is now in the process of being updated. In opponent rebuttal, Mr. Schuler noted that applicants also incur significant costs under the SUP process, often hiring a land use attorney, appraiser, traffic engineer, and civil engineer, which can push smaller projects toward the legislative route. He said those experts provide valuable impact analysis. He added that opponents may not be able to afford or find experts to rebut applicants, and that traffic impact analyses receive technical review by the Wilmington Metropolitan Planning Organization (WMPO) and North Carolina Department of Transportation (NCDOT) along with the applicant’s engineer, making them reliable. On the Comprehensive Plan, he said the 2016 plan remains the guide for proposals and that most applicants seek to comply and obtain staff recommendations, though approval does not always follow. He concluded that the quasi-judicial process has benefits because it requires expert testimony and grounds decisions in technical evidence. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked if there was any further Board discussion. Vice-Chair Pierce stated that the Board discussed this issue about a year ago but reached no clear direction as it was split on the topic, but her position has not changed. Drawing on her experience with SUPs, she said the process ties the hands of citizens because it requires costly legal and expert representation that many residents cannot afford or do not understand. She recalled instances during her time as a mayor when residents tried to speak but could not be heard because they lacked an expert witness. She added that SUPs often allow applicants to return with a new proposal after being denied through the legislative process, creating repeated attempts. She added that she supported the text amendment because it would stop that cycle and give the public a stronger voice in hearings. In response to questions, Ms. Roth explained that the density factors in question were adopted in 1982, and staff do not have the original rationale for why they were set. At that time, much of what is now the City of Wilmington was under County jurisdiction, and the provisions were generally applied in areas such as Greenville NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 626 Loop and Masonboro. She confirmed that R-15 allows 2.5 units per acre, with density depending on how the property is developed, and noted that while density allowances are included throughout the ordinance, the County does not have one consolidated chart listing them all in one spot. Commissioner Walker reflected on her experience as a resident, acknowledging the frustration that only expert testimony carried weight in SUP hearings. She noted that residents often have valuable firsthand knowledge about flooding, traffic, and neighborhood impacts that experts may overlook. She supported creating a process that allows greater public participation. In response to further questions, Planning Board member Pete Avery stated that the Planning Board’s only concern during its review was whether the amendment conflicted with the state downzoning legislation. He said he relied on the County Attorney’s office, which advised it would not, and he agreed. He added that SUPs are not designed to help the public and called them bad policy, noting they limit the Planning Board’s ability to evaluate projects. He said he prefers voting on rezonings rather than SUPs and concluded that, aside from the legal concern, the Planning Board strongly agreed that the amendment should move forward. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce, to approve the proposed amendment to modify the decision-making process for Additional Dwelling Allowance developments. The Board finds it to be consistent with the purposes and intent of the 2016 Comprehensive Plan because it retains a tool to increase the County’s housing supply while ensuring that project density, design, and community impacts can be fully considered. The Board finds approval to be reasonable and in the public interest because the revised process reduces barriers of participation to impacted residents and better ensures that projects are aligned with commissioner policy direction. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the text amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 15.6. COMMITTEE APPOINTMENTS New Hanover County Board of Examiners of Electricians Appointment Chair Rivenbark reported that one vacancy exists on the New Hanover County Board of Examiners of Electricians in the Independent Electrical Contractor category, with one application eligible for reappointment. Commissioner Scalise nominated Charles Harrell for reappointment. Commissioner Walker 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 reappoint Charles Harrell to the New Hanover County Board of Examiners of Electricians in the Independent Electrical Contractor category to serve a two-year term, with the term to expire on September 1, 2027. New Hanover County Board of Mechanical Examiners Appointments Chair Rivenbark reported that two vacancies exist on the New Hanover County Board of Mechanical Examiners in the Mechanical Contractor category, with two applications available for consideration as additional terms. Commissioner Zapple nominated Donald Lewis and Devin Skipper for reappointment. Commissioner Scalise seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for votes on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Donald Lewis and Devin Skipper to the New Hanover County Board of Mechanical Examiners in the Mechanical Contractor category to serve two-year terms, with the terms to expire on August 31, 2027. New Hanover County Commission on African American History, Heritage, and Culture Appointments Chair Rivenbark reported that five vacancies exist on the New Hanover County Commission on African American History, Heritage, and Culture in the Business Community, Education Community, and Faith Community categories with two applications eligible for reappointment and four applications available for consideration. Commissioner Walker nominated Sabrina Canty and Deborah Robinson for reappointment and Rebecca Clark, Curtis Levy, and Sunni Walker for appointment. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Sabrina Canty in the Faith Community category and Deborah Robinson in the Education Community category, and to appoint Rebecca Clark in the Education Community NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 AUGUST 18, 2025 REGULAR MEETING PAGE 627 category, Curtis Levy in the Business Community category, and Sunni Walker in the Faith Community category to the New Hanover County Commission on African American History, Heritage, and Culture to serve three-year terms, with the terms expiring August 31, 2028. New Hanover County Inspections Department Advisory Council Appointment Chair Rivenbark reported that one vacancy exists on the New Hanover County Inspections Department Advisory Council in the At-Large category with two applications available for consideration. Commissioner Scalise made a motion that the vacancy be readvertised. Commissioner Zapple nominated Stephanie Bolton for appointment. Commissioner Walker seconded the nomination. Commissioner Scalise noted that he needed to recuse himself from the vote as he previously represented a party in opposition to the nominee. He does not believe it is appropriate that he vote on the matter. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Vote Results: The Board voted 2-2 to appoint Stephanie Bolton to the New Hanover County Inspections Department Advisory Council in the At-Large category to serve a three-year term, with the term expiring July 31, 2028. The motion failed for lack of a majority, with Chair Rivenbark and Vice-Chair Pierce dissenting. The vacancy will be readvertised. New Hanover County Library Advisory Board Appointments Chair Rivenbark reported that four vacancies exist on the New Hanover County Library Advisory Board with four applications eligible for reappointment and two additional applications available for consideration. Commissioner Zapple nominated Liz Carbone, Patricia Lawler, Paul Niggl, and Earl Sheridan for reappointment. Commissioner Scalise seconded the nomination. Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Liz Carbone, Patricia Lawler, Paul Niggl, and Earl Sheridan to the New Hanover County Library Advisory Board to serve three-year terms with the terms to expire August 31, 2028. PUBLIC COMMENT Chair Rivenbark stated that three people signed up to speak under public comment and asked that the speakers provide comments. Shannon Gentry, a Wilmington, NC resident, thanked the Board for its people-centered policies but raised concern about a social media post by Commissioner Scalise that shared a constituent’s email with full name and address. She called it a breach of trust with potential real-world consequences and noted that no apology or accountability followed. She asked the Board to ensure accountability, highlighting that acknowledging mistakes and a commitment to improvement are essential for maintaining the County’s reputation. Bijan Salehi, a resident of Orchard Trace, Wilmington, NC, said he has relied on public transportation since 2008 and that the loss of RideMICRO in January 2025 created a severe burden. Living on SSDI and Medicaid with limited resources, he stressed the need for affordable, reliable transit while his parents are overseas. He described the lack of options as dehumanizing and discriminatory toward people with disabilities, citing his own health challenges, and urged the Board to restore or repair services to prevent isolation and confinement. th Erik Nelson, a resident of South 17 Street, Wilmington, NC, stated he works with Mr. Salehi, who has been severely impacted by the loss of RideMICRO. He stressed the need for accessible transportation beyond Medicaid transport, which only covers medical appointments. He urged the Board to restore or provide alternatives, noting the impact on quality of life for people with disabilities. New to Wilmington, he described the request as modest and reasonable and encouraged the Board to consider the environmental impacts when making decisions. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 11:33 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.