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HomeMy WebLinkAbout2025-12-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 731 ASSEMBLY The New Hanover County Board of Commissioners met on December 15, 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;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 Pastor D. Evan Grizzle, Apostolic Tabernacle Wilmington, provided the invocation, and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. ELECTION OF CHAIR AND VICE-CHAIR FOR THE ENSUING YEAR Members present: Commissioner LeAnn Pierce; Commissioner Bill Rivenbark; Commissioner Dane Scalise; Commissioner Stephanie A.C. Walker;and Commissioner Rob Zapple. County Attorney Smith opened the floor to receive nominations for Chair of the Board of County Commissioners for the ensuing year. Commissioner Scalise nominated Commissioner Pierce.Commissioner Rivenbark seconded the nomination. There being no further nominations,County Attorney Smith declared the nominations closed and called for a vote on the nomination. Vote Results:The Board voted UNANIMOUSLY to elect Commissioner Pierce to serve as Chair of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Smith opened the floor to receive nominations for Vice Chair of the Board of County Commissioners for the ensuing year. Commissioner Rivenbark nominated Commissioner Scalise.Commissioner Pierce seconded the nomination. There being no further nominations,County Attorney Smith declared the nominations closed and called for a vote on the nomination. Vote Results: The Board voted UNANIMOUSLY to elect Commissioner Scalise to serve as Vice Chair of the New Hanover County Board of Commissioners for the ensuing year. BOARD SEATED FOR 2025-2026 Members present:Chair LeAnn Pierce;Vice Chair Dane Scalise;Commissioner Bill Rivenbark;Commissioner Stephanie A.C.Walker;and Commissioner Rob Zapple. BREAK:Chair Pierce called for a break at 4:02 p.m. and reconvened the meeting at 4:07 p.m. Chair Pierce thanked the Commissioners for their vote of confidence in selecting her as Chair for 2026 and expressed appreciation for the opportunity to lead the Board in the coming year. Commissioner Zapple congratulated Chair Pierce and Vice Chair Scalise and expressed his commitment to working with the Board in the best interest of the County. Vice Chair Scalise thanked Commissioner Rivenbark for his service as Chair over the past three years and Chair Pierce for her service as Vice Chair over the past two years. He noted that the new year presents an opportunity to work together and expressed his commitment to working collaboratively with the Board to advance the best interests of the County. APPROVAL OF CONSENT AGENDA Chair Pierce requested a motion to approve the Consent Agenda as presented except for Consent Agenda Item #6: Approval of Award of Bid for the Purchase of Two (2) 2026 Chevrolet Tahoe to Donohoo Chevrolet for 113 436. MOTION: Vice Chair Scalise MOVED, SECONDED by Commissioner Zapple to approve the remaining items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 732 The Board approved the minutes of the November 13, 2025 Agenda Review and the November 17, 2025 Regular and Special Meetings. Adoption of Updates to the Board's Policy and Procedures for Appointments to County Boards, Commissions, Committees or Authorities—Governing Body The Board adopted the updated Policy and Procedures for Appointments to County Boards, Commissions, Committees or Authorities as presented. The policy is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.1. Adoption of Public Officials Bond Resolution—County Attorney The Board, per North Carolina General Statute 58-72-20, adopted a resolution approving the Surety Bond for the Chief Financial Officer, Sheriff, Register of Deeds, and Tax Collector. The designation of approval is incorporated within the respective bond in its entirety. The resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.2. Approval of Contract with ES&J Enterprises for Construction of Landfill Cells 1213/13 and Lagoon Relining—County Manager The Board approved a contract for the construction of landfill Cells 126/13 and the lagoon relining project to ES&J Enterprises, in the amount of$7,277,775.00. Adoption of a Resolution to Declare Real Property Surplus and Sell via Negotiated Offer,Advertisement,and Upset Bid per North Carolina State Statute 160A-269—Facilities Management The Board adopted a resolution declaring real property located at 104 North 4th Street,Wilmington, NC as surplus and authorized the sale via the method outlined and authorized by North Carolina General Statute 160A- 269. The resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.3. Approval of New Hanover County Monthly Collection Report for October 2025—Tax The Board approved the October 2025 tax collection reports for New Hanover County,New Hanover County Debt Service, and New Hanover County Fire District. The tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.4. Adoption of Budget Amendments—Budget The Board adopted the following budget amendments,amending the annual budget ordinance for the fiscal year ending June 30, 2026: Sheriff's Office: 26-017,26-018,26-019,26-021,and 26-022 Information Technology: 26-020 The budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.5. Discussion and Approval to Reject the Award of Bid for the Purchase of Two(2)2026 Chevrolet Tahoes to Donohoo Chevrolet for$113,436—Finance Chief Financial Officer Eric Credle reported that an administrative error in a primary document issued by the County caused one bid to be deemed non-responsive. Although staff initially viewed the error as immaterial, further discussion with the bidder confirmed that it created genuine confusion and contributed to the issue. To ensure fairness and equal opportunity for all bidders,staff recommended that the Board reject all bids. If the Board approves the recommendation, staff will rebid the project and return it for Board consideration in January. MOTION: Vice Chair Scalise MOVED, SECONDED by Commissioner Rivenbark to approve the rejection of all bids received for the purchase of two(2) 2026 Chevrolet Tahoes. Upon vote,the MOTION CARRIED UNANIMOUSLY. Vice Chair Scalise encouraged staff to engage local vendors in bidding on County projects while noting the importance of maintaining competitive pricing. REGULAR AGENDA ITEMS OF BUSINESS CONSIDERATION AND APPROVAL OF LEASE AGREEMENT WITH LEADING INTO NEW COMMUNITIES, INC.(LINC) Chief Facilities Officer Sara Warmuth presented the following overview: • STAR Center: 1605 Robin Hood Road,Wilmington, NC: • Background: • Property purchase approved in September 2022 and completed in February 2023 • The facility was previously a retirement home near the hospital NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 733 • Medical Detox and Crisis Stabilization Facility—36 beds: • The County has been without a medical detox since the closing of The Harbor in 2021 • The building was renovated with a state budget grant and assistance from LINC and RHA • LINC will utilize 20 beds for transition housing for: • Recovery from mental health crisis,drug recovery,and/or incarceration • Ready to begin in near future • RHA will utilize 16 beds for medical detox: • Obtaining necessary licenses—operations in Spring 2026 • Goal:Treat drug addiction and prevent homelessness • Summary of lease terms with LINC: • $1 per year for nine and one-half years • Required to be used as a treatment center and transitional housing • Either party may terminate with 270 days notice • LINC is responsible for ongoing operating costs • The County is responsible for major repairs • Note: The lease agreement has been updated from the exhibit in the agenda to change the purpose from"residential abuse treatment center"to"residential substance abuse treatment center." LINC Co-Director Michelle Gunn presented the following information: • LINC at Star Center: • Co-Directors: Frankie Robert and Michelle Gunn • Who we serve: • 20 beds for males returning from incarceration • Prioritizing males on Medication for Opioid Use Disorder(MOUD) • Services offered: • Comprehensive case management services • Connection to primary health/mental health/substance use services • Cognitive Behavioral Intervention (CBI)groups • Workforce development training and services: • Employment Bootcamp • Short-term credential training • One-on-one assistance with resume and job search activities • Connection to employment • On-site AA/NA meetings • Transportation to appointments/work The Board briefly discussed parking and facility operations. In response to questions, Ms. Warmuth explained that onsite parking is limited, but many individuals served by the facility will not have personal vehicles. Staff have designated parking onsite,and the County currently relies on an informal arrangement with the adjacent business for event parking,with the option to formalize it. Mr. Roberts noted that former Chief Health and Human Services Officer Tufanna Bradley established the parking agreement with the hospital and stated he would review his files and report back. In response to questions about facility capacity and operations, Mr. Roberts confirmed that the LINC facility on Division Drive remains operational and is at capacity with 22 beds.Combined with the 20 beds at the STAR Center, the expansion will more than double the program's overall capacity. Staff considered designating one facility for women and one for men;however,women returning from prison more often reunite with family,reducing the need for women's transitional housing. As a result,the new facility will operate as a men's facility. Hearing no further discussion, Chair Pierce asked for Board direction. MOTION:Commissioner Rivenbark MOVED,SECONDED by Commissioner Zapple to approve the lease agreement as proposed,as the Board has determined the County will not need the property for the term of the lease. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND ADOPTION OF A RESOLUTION APPROVING THE AWARD OF BID AND CONTRACT TO INVENTECH MARINE SOLUTIONS, LLC, DBA LIFE PROOF BOATS, FOR A 31-FOOT FULL CABIN PATROL VESSEL FOR THE SHERIFF'S OFFICE IN THE AMOUNT OF$651,941 Major Christopher Smith reported that the Sheriff's Office is in the process of accepting a 2025 Port Security Grant to fund the purchase of a new 31-foot patrol vessel.The project was advertised for bid, the bid process has closed, and staff recommends awarding the bid to Inventech Marine Solutions, LLC dba Life Proof Boats. In response to questions, Major Smith stated that three companies submitted bids. Silver Ships submitted the highest bid and had previously provided a vessel to the Sheriff's Office; however,staff did not recommend that manufacturer based on the proposal and overall cost. Inventech Marine Solutions, LLC, dba Life Proof Boats, submitted the second-highest bid,which staff recommended for the contract. Novelli Boat Builders submitted the lowest bid but was not known to staff, and due diligence identified concerns with workmanship and discrepancies NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 734 in the bid package.Staff also determined that the proposal did not meet the specific vessel and engine requirements for the intended law enforcement mission. Despite the lower cost, staff concluded that the Life Proof vessel best meets the Sheriff's Office's operational needs. In response to further questions, Major Smith explained that the Sheriff's Office stations patrol vessels at multiple locations across the County, including a 26-foot patrol boat on the Intracoastal Waterway in the Middle Sound area purchased through a prior Port Security Grant. He stated that deputies must transit to the mouth of the Cape Fear River and offshore to the sea buoy to conduct vessel escorts with federal partners.The proposed 31-foot patrol vessel would provide a larger, more robust platform with enhanced safety features and improved conditions for extended operations. He noted that the Sheriff's Office is responsible for approximately 437 square miles of navigable waterways and that staff have discussed establishing a future base of operations on the Cape Fear River to support port security efforts and reduce travel time and fuel consumption. He added that the vessel is expected to be delivered within 12 to 18 months after the order is placed. Hearing no further discussion, Chair Pierce asked for Board direction. MOTION: Vice Chair Scalise MOVED, SECONDED by Commissioner Zapple to adopt the resolution approving the award of bid and contract to Inventech Marine Solutions, LLC, DBA Life Proof Boats, for a 31-foot full cabin patrol vessel in the amount of$651,941. Upon vote,the MOTION CARRIED UNANIMOUSLY. The resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.6. CONSIDERATION AND APPROVAL OF THE PURCHASE OF PROPERTY ON THE WESTERN BANK:TRACT 1(1450 POINT HARBOR ROAD)-R-04700-003-006-000 AND TRACT 2(1209 N US HWY 421)-R04700-003-009-001 AND R04700- 003-009-000 AND ADOPT THE ASSOCIATED BUDGET AMENDMENT Assistant County Manager Jessica Loeper and Mr. Credle presented the following information: • Consideration of Western Bank Land acquisition: Vf'I LM SUBJECT kAM,N1,N( Ara " 1 • Two tracts of land—28.55 Acres;zoned 1-2, Heavy Industrial: 1 '4V • Tract 1: 11.42 Acres(5.27 Land, 6.15 Water)—1450 Point Harbor Road: • Western Bank Riverfront-preservation of green space • 1.21 acres is a US Army Corps of Engineers harbor easement(for maintenance) • 0.93 acres of marshland (outside of the easement) • 6.15 acres within the waterline of the river • Tract 2: 17.13 acres—1209 N US Hwy 421: • Adjacent to Sheriff's Office Shooting Range/Training Center • Property would provide a safety buffer/prevent encroachment and a river access point for the Sheriff's Office Marine Unit • 1.30 acres of marsh/wetlands • Environmental considerations: • Tract 1: • Previously a railroad terminal yard • No known contamination • No plans to develop • Tract 2: • Previous oil storage facility with eight above-ground storage tanks(1988 to at least 1997) • Soil and groundwater contamination determined in 2007(no contamination of Cape Fear River identified) • Corrective Action Plan initiated with the North Carolina Department of Environmental Quality(2012-2013) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 735 • Impacted soil was excavated and put into piles on the property(piles were wrapped in liners with ventilation to allow natural degradation) • Soil and groundwater sampling in process for due diligence • Purchase price and funding recommendation: • Purchase price: • Asking price for both tracts: $2,400,000 • Agreed-to price if closing on or before 12/31/25: $2,240,000 • MAI appraisal valuation: $2,475,000 • Subject to satisfactory completion of due diligence • Proposed funding—Revenue Stabilization Fund (RSF): • Balance at 6/30/25: $293.8 million (pro forma would be$291.6 million) • Annual payments of$266,130 from General Fund back to RSF for 10 years, at a market interest rate of 3.85%(similar loan arrangement as Flossie Bryan acquisition in FY25) • Requested action: • Subject to completion of satisfactory due diligence, authorize staff to complete the purchase of these tracts of land at a price not to exceed $2,240,000 on or before December 31, 2025 • The funding shall come from the Revenue Stabilization Fund(RSF)with a stated intent to repay the RSF from the General Fund over a period of 10 years with annual payments of$266,130 The Board briefly discussed the matter. In response to questions, Mr. Credle stated that, if all proceeds as planned,the County expects to take control of the land by December 31,2025,or earlier.County Manager Coudriet confirmed that, if the Board approves the purchase, the County will have committed to preserving more than 100 acres across three separate acquisitions over the past seven months.Commissioners expressed appreciation for the opportunity to advance the County's preservation goals, thanked County Manager Coudriet and staff for the work involved in identifying and negotiating the acquisition, and noted that the effort reflects repeated public input emphasizing the importance of land preservation, particularly in the affected area. Hearing no further discussion, Chair Pierce asked for Board direction. MOTION: Commissioner Rivenbark MOVED, SECONDED by Commissioner Zapple to approve the acquisition of the property, subject to the completion of satisfactory due diligence, with funding provided by the County's Revenue Stabilization Fund, and the adoption of Budget Amendment 26-023. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget amendment 26-023 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 22.7. QUASI-JUDICIAL PUBLIC HEARING AND APPROVAL OF A REQUEST BY MAX VALENTINE AND BRIAN THOMPSON WITH STANDARD TECHNOLOGIES, APPLICANTS, ON BEHALF OF H. PHILLIP BERMAN, JR. AND JIM TEACHEY, PROPERTY OWNERS, FOR THE USE OF OTHER FABRICATED METAL PRODUCT MANUFACTURING IN AN 1-1, LIGHT INDUSTRIAL DISTRICT ON APPROXIMATELY 34.7 ACRES LOCATED AT 4901 LAS TORTUGAS DRIVE(525-06) Chair Pierce stated this is a quasi-judicial hearing and before the hearing is opened, the deputy county attorney will provide an overview of the hearing procedures. Deputy County Attorney Karen Richards stated that there are four criteria or elements that must be stated clearly on the record when a decision is made on this matter: 1) will this project materially endanger public health or safety,2)does the project meet all required conditions and specifications of the Unified Development Ordinance, 3) will this project substantially injure the value of adjoining or abutting property, and 4) will the project be in harmony with the area in which it is located and in general conformity with the Comprehensive Plan for New Hanover County. Staff have compiled information from the applicant that may or may not support these required criteria. However the Board decides, it must state the reasons why the application does or does not meet the four criteria above. If the Board determines that any one item has not been met,then that is a denial. Chair Pierce opened the public hearing and announced that because the SUP process requires a quasi- judicial hearing, anyone wishing to testify must be sworn in. She asked that all people who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Ryan Beil Galen Jamison Jeremy Blair Matt Nichols Max Valentine Robert Farrell Rebekah Roth Cal Morgan Brad Schuler Chair Pierce further stated that a presentation will be heard from staff, then the applicant and any opponents will each be allowed fifteen minutes for their presentations, followed by an additional five minutes for rebuttal.She asked Mr. Beil to provide the staff presentation. Development Review Planner Ryan Beil presented the staff report,stating this is a Special Use Permit(SUP) request for Other Fabricated Metal Product Manufacturing in an I-1 district.The property is vacant and has already been cleared of most trees. It is located adjacent to the FAA VORTAC facility,which is located off Holly Shelter Road, just east of the I-40 access.The parcels were originally zoned I-2 in 1972 and were rezoned to I-1 in 1996.There is R-15 zoning to the east, B-2 zoning to the west, and I-1 to the north.The site is accessed from Las Tortugas Drive, which is located off Holly Shelter Road, by way of Barbados Boulevard. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 736 The concept plan consists of a single-story, 85,000 square foot warehouse. The applicant is prepared to expound further upon intended uses,but per the applicant,the company intends to use this building for laser,metal fabrication, welding, and powder coating. Parking is available on the north, east, and west sides of the building. Proposed stormwater is located on the southern boundary of the property, and on the western side of the building adjacent to the western parking lot. Prior to the preliminary forum,the site plan went through a sketch plan review with the Technical Review Committee (TRC) that resulted in minor changes to the site plan.These changes consisted of the reduction of two parking spaces and the adjustment of fire hydrant locations.A Type A opaque buffer will be required along the length of the property boundary shared with residential zoning districts. There will be no street yard requirements, considering the lack of street frontage.The applicant has satisfied Unified Development Ordinance (UDO) parking requirements and has not proposed any conditions.If approved,the SUP would apply to the entirety of the property, and any future expansion or development of the requested use would be considered a major modification and would require Board approval. The project is not estimated to generate over 100 AM and PM peak hour trips, therefore, the ordinance requirement for a Traffic Impact Analysis(TIA) does not apply.The proposed development would potentially result in less traffic being generated, when compared with what could be developed by-right under current zoning.The 2016 Comprehensive Land Use Plan (Comprehensive Plan)designates this property as General Residential, but it is adjacent to Employment Center. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered.Whilst this property is located within the General Residential place type, it is only accessed through a commercial corridor that is all designated Employment Center. As a reminder, when the Board of Commissioners evaluates the request for approval during quasi-judicial hearings,they must determine that the following four conditions are met: 1. The use will not materially endanger the public health or safety if located where proposed and approved; 2. The use meets all required conditions and specifications of the Unified Development Ordinance(UDO); 3. The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity;and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Staff compiled a set of facts provided in the application and identified through technical review and organized them by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing.The compiled facts may or may not support the Board's conclusion: • Findings for Conclusion 1 address Connection to public water and sewer,fire service, access, and the capacity of Holly Shelter Road; • Findings for Conclusion 2 address setbacks and maximum height restrictions, minimum number of loading berths, size of loading berths, location of loading berths, location and design of loading areas, minimum number of trees required where development occurs, aspects of transitional buffer standards, tree removal standards, landscape and tree retention standards, additional landscape standards, site triangle standards, transitional buffer standards, parking landscape requirements, lighting plan requirements, sign permits, the number of fire hydrants required, and the requirement for sufficient stormwater conveyances and control measures; • Findings for Conclusion 3 address existing conditions and nearby land uses; and • Findings for Conclusion 4 address existing conditions, nearby land uses, and Comprehensive Plan designation. Mr. Beil concluded the staff presentation by stating that staff have received no public comments. Chair Pierce thanked Mr. Beil for the presentation and invited the applicant to make remarks. Matt Nichols, attorney with the Law Office of Matt Nichols, representing Max Valentine and Brian Thompson with Standard Technologies, applicants, on behalf of H. Phillip Berman, Jr. and Jim Teachey, property owners, introduced himself and those present with him, including Jeremy Blair and Brad Schuler with Paramounte Engineering,Cal Morgan,the appraiser,and the property owner,Max Valentine of Standard Technologies. He stated that the presentation would be brief and focused on answering the Board's questions. He noted that the site is well located for the proposed use,with nearly immediate access to I-40. Referring to questions raised during the agenda review meeting, Mr. Nichols stated that the primary question concerned the activities proposed for the site. He provided an overview via photos of the custom metal fabrication and outdoor kitchen cabinetry that would be produced at the facility, including examples of the manufacturing process and finished products. He stated that the facility would provide approximately 65 jobs and could offer opportunities to partner with Cape Fear Community College and others.The powder coating would occur NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 737 on site and would be subject to environmental permitting requirements, noting that the applicant has experience operating similar facilities and is familiar with the required processes. Regarding the site plan, Mr. Nichols noted that the property is zoned 1-1 and has been used for industrial purposes since the early 1970s, including a period when it was zoned 1-2 heavy industrial. He stated that other uses permitted by right could be more intense than the proposed use, which requires a special use permit. Addressing compatibility, he referenced nearby uses within the commerce park, including the North Carolina Department of Transportation campus, outdoor supply, crane rental, RV sales, and the adjacent VORTAC facility. He described photos showing the subject property in relation to Las Tortugas Drive and the North Carolina Department of Transportation(NCDOT)facilities. He then asked Brad Schuler with Paramounte Engineering to review the site plan. Brad Schuler with Paramounte Engineering provided an overview of the site plan, stating that it has been mostly cleared with a scattering of some pine trees. There is an existing buffer that is adjacent to the residential property.There is good opaqueness to it, and it provides a good screen next to the adjacent residential. The TRC reviewed the concept plan,and revisions have been made based on the initial feedback from the TRC,which included shifting some fire hydrants around the site. Mr. Nichols then asked Cal Morgan, appraiser with JC Morgan Company, to address the property value criteria in the UDO. Cal Morgan with JC Morgan Company stated he is a certified general MAI appraiser and has been performing appraisals in town since approximately 2007. He turned in a letter as evidence concerning Conclusion 3 of the Finding of Fact. He stated that the applicant engaged him to perform research and analysis to develop an opinion regarding item three of the special use permit application,which addresses whether the proposed use would substantially injure the value of adjoining or abutting property or constitutes a public necessity. In forming his opinion, he reviewed a variety of industrial properties adjacent to residential areas within the County and found no indication that the proposed project would have a negative impact on adjacent or adjoining properties. Mr. Nichols concluded the applicant presentation stating that the proposed use is supported by a number of the County's economic policies,job creation,workforce,and economic development.While he and the team will gladly go through all the criteria, he respectfully contends that the request does meet all the requirements in the UDO as well as all four criteria. In response to questions, Mr. Nichols stated that he has not heard of any concerns from NCDOT and would check with the applicant team. In doing so, Mr.Schuler stated that NCDOT is part of the TRC, is aware of the project, and provided general comments regarding the need to obtain a driveway permit, noting that coordination would continue through the permitting process. In response to questions,Mr.Nichols confirmed that the materials shown in the photos were stainless steel. The operation would be required to submit an air quality permit for electrostatic dry powder coating operations with the North Carolian Department of Environmental Quality, including a non—Title V permit. He asked Max Valentine to provide additional explanation. Max Valentine with Standard Technologies explained that the dry powder coating process involves powder delivered in a box or drum,fluidized,sprayed through a gun,and cured in an oven to adhere to the metal. He stated that he has operated the same process for 20 years at a facility in Ohio and would operate it the same way at this location. He explained that material from the spray gun is filtered back into a system for reuse or disposal if contaminated. In response to a follow-up question regarding external emissions, Mr. Valentine stated that no external emissions would occur and that only heat generated from the ovens used to bake the coating onto the stainless steel and aluminum would exit the building. In response to questions regarding whether residential structures could be located adjacent to the VORTAC tower, Mr. Nichols stated that he did not know the answer and did not want to misspeak. He confirmed that the area is residentially zoned,but was unsure whether a setback applies to the FAA facility. He noted that access to the proposed facility would occur through the commerce park, not through residential neighborhoods. He stated that although the property is within a General Residential place type,it is zoned industrial,and residential use would not occur unless the Board approved a rezoning. He further noted that the property is immediately adjacent to the Employment Center place type and explained that place types are broader than zoning districts. He stated that while residential zoning exists in the area, the proposed use would not negatively impact the area and that other uses permitted by right in the 1-1 district could be more intense. In response to questions regarding public notice,Mr. Nichols stated that notice was required and confirmed that the county's notification radius is 500 feet. He stated that adjacent property owners would have been notified of the Planning Board preliminary forum and the Board of Commissioners hearing by County staff. As to public comments being received, he reiterated that he was not aware of any comments for or against the request from adjacent residential property owners and noted that no opposition was reflected in the staff report or raised during the Planning Board forum. Regarding the size and capacity of the stormwater retention pond, Jeremy Blair with Paramounte Engineering explained that the stormwater system would be designed to meet state and county ordinance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 738 requirements. He stated that the outfall along the southern boundary must be preserved for potential future expansion,resulting in capacity beyond the immediate facility. He noted that the broader development implications were not part of the current request.As to the emergency outfall, Mr. Blair stated that a drainage ditch or canal runs along the southern boundary, wrapping around the site from right to left and continuing north along the western boundary, and that the outfall is most accessible along the southern boundary of the property. As to potential impacts to nearby residents, Mr. Blair confirmed that NCDOT primarily owns the adjacent property. As clarification to the public comment inquiries, Mr. Nichols stated that he had been contacted by a news reporter but did not speak with them. He noted that there may have been an article published, but stated that no neighboring property owners had contacted him. In response to questions regarding buffers,setbacks, hours of operation,and noise, Mr. Nichols stated that the use would be enclosed within the facility,with no outdoor operations. He noted that activity would include truck parking and deliveries. He explained that the operation could eventually include multiple shifts, including second and third shifts, and that no limitations on hours were proposed because the type of operation typically functions outside standard business hours. As to potential noise impacts, he stated that, based on information from the applicant,the operation should not present noise issues and deferred to Mr.Valentine for clarification. Mr.Valentine stated that the company has operated similar facilities for 20 years,with typical shifts running from 6:00 a.m. to 2:00 p.m., 2:00 p.m. to 10:00 p.m., and 10:00 p.m. to 6:00 a.m. He stated that only a first shift would initially be considered,with additional shifts added as the operation grows. He explained that all work would occur indoors,with no outdoor manufacturing,and that operations consist primarily of automated equipment with some manual processes.As to residential noise concerns, he stated that he was not concerned about noise impacts. He noted that the existing trees were an important feature of the site and stated a desire to preserve them, explaining that the facility was intended to be a showpiece reflecting the technical and precision nature of the operation. He also confirmed there will be a showroom at the front of the building along with office and conference room space. When asked to reiterate the operational hours, Mr. Valentine reconfirmed that it can eventually become a 24-hour a day operation and that is what the company would like to do as it grows with employees. Hearing no further discussion, Chair Pierce stated that no one signed up to speak in favor or in opposition to the request,closed the public hearing,and opened the floor to Board discussion and to ask staff questions. Vice Chair Scalise thanked Mr. Valentine for his investment in the community and for bringing jobs to the community. He stated his hope that Mr.Valentine would be able to expand and provide additional job opportunities and stated his intent to vote in favor of the special use permit. Commissioner Walker stated that she is looking forward to the partnership between Standard Technologies and the community college. Hearing no further discussion, Chair Pierce asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Vice Chair Scalise to approve the Special Use Permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the evidence submitted by the applicant and opponents is hereby incorporated as part of the minutes and is contained in Exhibit Book XLVI, Page 22.8.The order approving the Special Use Permit and listing the findings of fact is scheduled for approval at the Board's regular meeting on January 20, 2026. COMMITTEE APPOINTMENTS New Hanover County Planning Board Appointment Chair Pierce reported that a vacancy exists on the New Hanover County Planning Board with eight applications available for consideration. Vice Chair Scalise nominated Shameka Kemp for appointment, seconded by Commissioner Zapple. Hearing no further nominations, Chair Pierce asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Shameka Kemp to the New Hanover County Planning Board to serve an unexpired term,with the term to expire July 31, 2027. New Hanover County Tourism Development Authority Appointments Chair Pierce reported that two vacancies exist on the New Hanover County Tourism Development Authority: one in the Kure Beach Hotel Owner/Manager category and one in the Tourist Attraction category, with two applications available for consideration. Commissioner Zapple nominated Holli Saperstein for appointment in the Tourist Attraction category and Cassandra Tollens for appointment in the Kure Beach Hotel Owner/Manager category, seconded by Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 DECEMBER 15,2025 REGULAR MEETING PAGE 739 Walker. Hearing no further nominations, Chair Pierce asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Holli Saperstein in the Tourist Attraction category and Cassandra Tollens in the Kure Beach Hotel Owner/Manager category to the New Hanover County Tourism Development Authority to serve three-year terms with the terms to expire December 31,2028. PUBLIC COMMENT Chair Pierce stated that one person signed up to speak during public comment and invited them to share their remarks. Cindy Sue,a resident of Spring View Drive in Wilmington,expressed concerns about protecting land,water, and the environment,emphasizing stewardship responsibilities and the importance of preserving natural and sacred resources. She urged the Board to approach land-use decisions with care, opposed large-scale corporate housing development,and advocated for affordable homeownership opportunities for the middle class. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Zapple wished everyone a Merry Christmas, Happy Hanukkah, a joyous Kwanzaa, and a Happy New Year. Chair Pierce echoed the holiday greetings, noted this was the Board's final meeting of the year, and said the Board would reconvene in January. ADJOURNMENT There being no further business,Chair Pierce adjourned the meeting at 5:11 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.