2012-03-08 Agenda Review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,MARCH 8,2012 PAGE 338
ASSEMBLY
The New Hanover County Board of Commissioners met for Agenda Review on Thursday, March 8, 2012,
at 4:00 p.m. in the Harrell Conference Room at the New Hanover County Government Center, 230 Government
Center Drive, Wilmington,North Carolina.
Members present: Chairman Ted Davis, Jr,: Vice-Chairman Jonathan Barfield, Jr.: and Commissioner
Richard G. Catlin.
Commissioner Jason R. Thompson was absent. Commissioner Brian M. Berger arrived at 4:07 p.m.
Staff present: Deputy County Attorney Kemp Burpeau: Clerk to the Board Sheila L. Schult; and County
Manager Bruce T. Shell.
REVIEW AND DISCUSSION OF AGENDA ITEMS
Chairman Davis called the meeting to order and announced that the purpose of the meeting is to review and
discuss the Board's March 12,2012,Regular Session meeting agenda. The Board reviewed the following items:
Consent Agenda Item 4 — Approval of Memorandum of Agreement between the State and County to
Authorize the Ongoing County-Level Administration of Sedimentation and Erosion Control. Assistant County
Manager Chris Coudriet and Engineering Specialist Beth Wetherill presented the request outlining that the
Memorandum of Agreement between the State and County authorizes the ongoing county-level administration of
sedimentation and erosion control. It is the State's program that the County operates using county fiords.
Consent Agenda Item 6 — Approval of Personnel Policy Revisions. Assistant County Manager Andre'
Mallette presented the request outlining that the revisions reflect changes/additions to Articles 3, 6, 7, and 9 of the
Personnel Policy and answered questions from the Board. The revisions include the following:
• Article 3 —emergency pay to non-exempt employees being paid at their regular rate of pay instead of
time-and-a-half.
• Article 6—removes prohibition of indirect supervision but ensures that an indirect supervisor will not
be involved with any personnel action of an immediate family member.
• Article 6 — drug testing is clarified to reflect that employees that refirse to submit to a drug test, or
positive test results,is grounds for dismissal.
• Article 7 — clarifies wording related to leave-without-pay to remove the wording that indicates an
extension to the length of the leave.
• Article 7 —addresses situations when an employee returns from leave-without-pay and goes back out
within thirty•days.
• Article 9—language is added that County staff, or the appealing employee, may not have legal counsel
or any other third party present during the staff investigation, unless for a requested and approved
reasonable accommodation.
Regular Agenda Item 9 — Consideration of Endorsement of the Eastern Tiger Swallowtail as a North
Carolina State Symbol. The Board requested a copy of the draft letter and noted, if approved, a copy should also be
sent to our local delegation.
Regular Agenda Item 10 — Consideration of the Board of Education's Request that the Board of County
Commissioners Approve Their Application for a Low or No Interest Loan in the Amount of$2,231,423 for Critical
Facility Needs Projects That Have Been Identified by the New Hanover County Board of Education. County
Manager Bruce Shell presented the request for the Board's consideration to authorize the Board of Education to
submit an application for Quality School Construction Bonds(part of the American Recovery and Reinvestment Act
of 2009)which are a low, or no-interest,loan in the amount of$2,231,423. If approved, the outstanding debt will be
the responsibility of New Hanover County and the debt payments will impact fixture budgets beginning in FY12-13.
Regular Agenda Item 11 — Consideration of 911 Call Misuse and Abuse Ordinance. Deputy County
Attorney Kemp Burpeau and Chief Deputy Rhonda Smith presented the request for the Board's consideration to
adopt the proposed ordinance approving revisions to the County Code, Chapter 20, Emergency Sei ices by adding
Article V, 911 Call Misuse and Abuse authorizing civil penalties for intentional misuse of 911 through false
complaints, repeated non-emergency use or repeated hang-ups. Violators would be subject to a $200 fine for the
initial incident and $500 for additional occurrences.
Regular Agenda Item 12 — Consideration of Amending Pawnbroker Ordinance Recordkeeping. Deputy
County Attorney Kemp Burpeau and Chief Deputy Rhonda Smith presented the request for the Board's
consideration to adopt the ordinance amending Chapter 14, Businesses, Article IV, Pawnbrokers License, Section
14-166 Recordkeeping Requirements of the County Code requiring that transaction reports be sent to the Sheriffs
Office electronically as is currently being done successfirlly by the Wilmington Police Department.
Regular Agenda Item 14— Consideration of Budget Amendment for Resurfacing of Hugh MacRae Tennis
Courts. County Manager Bruce Shell presented the request for the Board's consideration to adopt Budget Ordinance
Amendment 12-165 approving the resurfacing of the tennis courts at Hugh MacRae. This is a partnership with the
Greater Wilmington Tenons Association. The County match is in the amount of$2,986 and is within the existing
budget: the total cost of the renovation is estimated in the amount of$13,450.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
AGENDA REVIEW MEETING,MARCH 8,2012 PAGE 339
Regular Agenda Item 15 — Consideration of a Resolution to Dispose of Surplus Property According to
Procedures Outlined in North Carolina General Statutes— Chapter 160A Article 12. County Manager Bruce Shell
presented the request for the Board's consideration to adopt the resolution approving the disposal of surplus property
according to the procedures outlined in North Carolina General Statutes— Chapter 160A, Article 12. Staff will be
available at Monday's meeting to answer questions.
Regular Agenda Item 16 — Consideration of a Capital Project Resolution for the Renovation of 320
Chestnut Street. County Manager Bruce Shell presented the request for the Board's consideration to adopt the
capital project resolution approving the renovation of 320 Chestnut Street. In 2010, the building sustained damage
from a water leak and has been entirely vacated. The building cannot be occupied until significant repairs or
renovations are made. The County is currently leasing alternative space for the court related departments. The
estimated cost to renovate the building is in the amount of $10 million. After discussion, staff was directed to
review any historical designation associated with the building and update the Board at the meeting on Monday.
Regular Agenda Item 17 — Committee Appointments. The Board reviewed applications for the following
boards and committees:
• New Hanover County Cooperative Extension Ads-isory Council
• New Hanover County Nursing Home Community Advisory Committee
• New Hanover Regional Medical Center Board of Trustees
ADJOURNMENT
There being no further business, Chairman Davis adjourned the Agenda Review meeting at 4:55 p.m.
Respectfirlly submitted,
Sheila L. Schult
Clerk to the Board